General Notices, Vol. 42 Iss. 5 Oct 20, 2025

GENERAL NOTICES
Vol. 42 Iss. 5 - October 20, 2025

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Decision on Proposed Variances to the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental

Notice of action: The Department of Behavioral Health and Developmental Services (DBHDS), in accordance with Part VI, Variances (12VAC35-115-220), of the Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded, or Operated by the Department of Behavioral Health and Developmental Services (12VAC35-115) (Human Rights Regulations), is announcing a decision on an application for proposed variances to the Human Rights Regulations submitted to the State Human Rights Committee (SHRC). The purpose of the regulations is to ensure and protect the legal and human rights of individuals receiving services in facilities or programs operated, licensed, or funded by DBHDS.

Each variance application referenced the specific part of these regulations to which a variance is needed, the proposed wording of the substitute rule or procedure, and the justification for a variance. Such application also described time limits and other conditions for duration and the circumstances that will end the applicability of the variance.

Purpose of notice: After considering all available information at its meeting on September 25, 2025, the SHRC voted to approve the application for variances to the Human Rights Regulations for the DBHDS Central State Hospital for a three-year period, with quarterly updates to the Local Human Rights Committee and annual updates to the SHRC.

I. Variance is requested to the following sections:

12VAC35-115-150, General provisions

12VAC35-115-175, Human rights complain process

12VAC35-115-180, Local human rights committee hearing and review procedures

12VAC35-115-190, Special procedures for emergency hearings by the LHRC

12VAC35-115-200, Special procedures for LHRC reviews involving consent and authorization

12VAC35-115-210, State Human Rights Committee appeals procedures

Explanation: CSH requests variances to the listed sections to allow alternative procedures for addressing complaints by individuals in maximum security when the individual is not satisfied with the director's response, so that the individual may file a final appeal directly to the CSH Maximum Security Appeals Committee.

II. Variance is requested to the following section:

12VAC35-115-100, Restrictions on freedoms of everyday life, A 1 c, "freedom to have and spend personal money."

Explanation: The CSH variance to this regulation allows non-forensic patients to purchase items in a canteen and from external providers; however, individuals may not have personal possession of money within the secure perimeter.

III. Variance is requested to the following sections:

12VAC35-115-20, Policy, A 2, "Each individual who receives services shall be assured respect for basic human dignity."

12VAC35-115-50, Dignity, C 2 a, "each individual has the right to … reasonable privacy…."

Explanation: The CSH variance to these regulations allows for routine pat-downs of fully clothed non-forensic individuals in secure programs (i) before and after group movement within a secure perimeter, (ii) anytime an individual leaves the secure perimeter, or (iii) any time an individual has physical access to a visitor who is not an employee of CSH. This will allow proactive routine searches of individuals' bedrooms to identify contraband or breaches of safety and security.

IV. Variance is requested to the following sections:

12VAC35-115-50, Dignity, C 6, "each individual has the right to… communicate privately with any person by mail and have help in writing and reading mail, as needed."

C 6 a, "An individual’s access to mail may be limited only if the provider has reasonable cause to believe that the mail contains illegal material or anything dangerous. If so, the director or his designee may open the mail, but not read it, in the presence of the individual."

C 7, "each individual has the right to… communicate privately with any person by telephone and have help in doing so."

C 7 a, "An individual’s access to the telephone may be limited only if, in the judgment of a licensed professional, communication with another person will result in demonstrable harm to the individual or significantly affect his treatment."

Explanation: The CSH variance to these subdivisions allows for staff to open, but not read, mail and packages in the presence of the individual in the maximum-security program. CSH also seeks to restrict individuals in the maximum-security forensic program from communicating with each other by mail or telephone.

Contact Information: Taneika Goldman, Director, Office of Human Rights, Department of Behavioral Health and Developmental Services, 1220 East Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 786-3988, fax (833) 734-1241, or email taneika.goldman@dbhds.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for 1650 Cumberland Solar 1 LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for 1650 Cumberland Solar 1 LLC for violations of State Water Control Law and regulations and applicable permits at the 1650 Cumberland Solar facility located in Cumberland County, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Contact Information: Cara Witte, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949 Cox Road, Suite A, Glen Allen, VA 23060, or email cara.witte@deq.virginia.gov.

Proposed Enforcement Action for 1671 Cumberland Solar 1 LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for 1671 Cumberland Solar 1 LLC for violations of State Water Control Law statutes and regulations and applicable permit at the 1671 Cumberland Solar facility located in Cumberland County, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Proposed Enforcement Action for C G Investments of Virginia LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for C G Investments of Virginia LLC for violations of the State Water Control Law and regulations in New Church, Virginia. The proposed order is available at the DEQ contact listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written from October 20, 2025, through November 19, 2025.

Contact Information: Russell Deppe, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for City of Franklin

The Department of Environmental Quality (DEQ) is proposing an enforcement action for the City of Franklin for violations of the State Water Control Law and regulations in Franklin, Virginia. The proposed order is available at the DEQ contact listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written from October 20, 2025, through November 19, 2025.

Contact Information: Russell Deppe, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Gardy's Mill Solar LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Gardy's Mill Solar LLC for violations of State Water Control Law and regulations at the Gardy's Mill Solar facility in Westmoreland County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from May 5, 2025, to June 4, 2025.

Contact Information: Matthew Richardson, Regional Enforcement and Construction Stormwater Program Manager, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.

Proposed Enforcement Action for High Liner Foods (USA) Inc.

The Department of Environmental Quality (DEQ) is proposing an enforcement action for High Liner Foods (USA) Inc. for violations of the State Water Control Law and regulations in Newport News, Virginia. The proposed order is available at the DEQ contact listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written from October 20, 2025, through November 19, 2025.

Contact Information: Russell Deppe, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Koren Diversified Holdings LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Koren Diversified Holdings LLC for violations of State Water Control Law and regulations and applicable permit at the Koren Parcel B located in Mineral, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Contact Information: Katherine Mann, Enforcement Specialist, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email katherine.mann@deq.virgnia.gov.

Proposed Enforcement Action for NCN III Solar LLC

The Department of Environmental Quality (DEQ) is proposing an enforcement action for NCN III Solar LLC for violations of State Water Control Law and regulations and applicable permit at the NCN III Solar facility located in Richmond County, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Proposed Enforcement Action for Robert D. and Angela S. Walk

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Robert D. and Angela S. Walk for violations of State Water Control Law and regulations and applicable permit at the Walk residence sewage treatment plant located in Stafford, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Contact Information: Holly Shupe, Enforcement Specialist, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email holly.shupe@deq.virgnia.gov.

Proposed Enforcement Action for Summit General Contractors Inc.

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Summit General Contractors Inc. for violations of the State Water Control Law and regulations in Carrollton, Virginia. A description of the proposed action is available at the DEQ contact listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, through November 19, 2025.

Contact Information: Russell Deppe, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Proposed Enforcement Action for Town of Rural Retreat

The Department of Environmental Quality (DEQ) is proposing an enforcement action for the Town of Rural Retreat for violations of the State Water Control Law in Wythe County, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, through November 19, 2025.

Contact Information: John Brandt, Enforcement Specialist, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email john.brandt@deq.virginia.gov.

Proposed Enforcement Action for Virginia Electric and Power Company d/b/a Dominion Energy Virginia

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Virginia Electric and Power Company (VEPCO) d/b/a Dominion Energy Virginia for violations of State Water Control Law and regulations and applicable permits at solar projects in Virginia. The proposed action is a statewide consent order focused on VEPCO's compliance framework and is a companion order to site-specific consent orders that were executed on August 1, 2025. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Contact Information: Kristen Sadtler, Enforcement Director, Department of Environmental Quality,, P.O. Box 1105, Richmond, VA 23218, or email kristen.sadtler@deq.virginia.gov.

Proposed Enforcement Action for Vico Construction Corporation

The Department of Environmental Quality (DEQ) is proposing an enforcement action for Vico Construction Corporation for violations of the State Water Control Law and regulations in Chesapeake, Virginia. The proposed order is available from the DEQ contact or at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/enforcement-actions. The DEQ contact will accept written comments from October 20, 2025, to November 19, 2025.

Contact Information: Russell Deppe, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email russell.deppe@deq.virginia.gov.

Opportunity for Public Comment on Proposed State Implementation Air Quality Plan Revision

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA). The Commonwealth intends to submit a SIP revision to EPA in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Provisions affected: Regulations for the Control of Motor Vehicle Emissions in the Northern Virginia Area (9VAC5-91). There are also descriptive plan elements in addition to the regulation as discussed in this notice.

Purpose of notice: DEQ is seeking comment on the issue of whether the overall plan should be submitted to EPA as a revision to the Virginia SIP.

Public comment period: October 20, 2025, to November 21, 2025.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice and another 30-day comment period will be conducted.

Public comment stage: The amendments included in this plan have already been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia; DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the amendments.

Description of proposal: Although the northern Virginia area is currently attaining the national standards for ozone (see, for example, the clean data determination issued by EPA on April 4, 2025, 90 FR 14730), the motor vehicle Inspections and Maintenance (I/M) Program, which is required by the Clean Air Act, has not been reviewed and evaluated at the federal level for many years. This new SIP submittal will enable Virginia to ensure that it has adopted all EPA amendments to Subpart S of 40 CFR Part 51, and to ensure that all SIP requirements for all state amendments to the state regulations have been completed. This plan is administrative in nature and does not change any program or regulatory requirements or have any impacts on air quality. The following elements are included in the overall plan.

1. A description of each regulatory revision along with a copy of the amended text and the agency background document, which explains the legal basis for the revision.

2. A demonstration that Virginia's enhanced I/M program does not have an impact on § 110(l) of the Clean Air Act, which requires that no SIP revision interfere with any applicable requirement concerning attainment and reasonable further progress.

3. An analysis of Virginia's Onroad Clean Screen Program (RAPIDPASS) effectiveness.

4. Performance Standard Modeling (PSM) for both basic and enhanced I/M.

5. A description of multi-purpose I/M SIP elements as required by 40 CFR 51.372, § 110(l) of the Clean Air Act, and 89 FR 60898, Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date, and Reclassification of Areas Classified as Marginal for the 2015 Ozone National Ambient Air Quality Standards.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law.

How to comment: DEQ accepts written comments by email and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the public record.

To review documents: The proposal and any supporting documents are available on the DEQ Air Public Notices website at https://www.deq.virginia.gov/news-info/shortcuts/public-notices/air. The documents may also be obtained by contacting the DEQ representative listed in this notice. The public may schedule an appointment to review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1. Main Street Office, 22nd Floor, 1111 East Main Street, Richmond, VA, telephone (804) 698-4000; and

2. Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Julia N. Wack, Renewable Energy Administrative Data Coordinator, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 432-3581, or email julia.n.wack@deq.virginia.gov.

Public Meeting and Opportunity for Public Comment on a Cleanup Plan for Wolf Creek in Washington County

Purpose of notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TMDL) report, for Wolf Creek in Washington County. This stream is listed as impaired since monitoring data does not meet Virginia's water quality standards for aquatic life (benthic macroinvertebrates). Section 303 (d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303 (d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for any future adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) permit in the Wolf Creek watershed.

A study has been completed for Wolf Creek to identify pollutant sources and recommend reductions needed from the sources to meet water quality standards. At the meeting, DEQ will present the results of the study and provide an overview of the draft report. Citizens are invited to provide comments on the study.

Cleanup study location: The cleanup study addresses the following impaired stream segments: lower mainstem from Town Creek confluence through the Great Knobs, downstream to upper Route 75 bridge (3.33 miles). From upper Route 75 bridge near Abingdon downstream to lower Route 75 bridge near Green Spring (2.93 miles). Lower end of Wolf Creek from lower Route 75 bridge near Green Spring downstream to South Holston Lake backwaters (0.41 miles). Wolf Creek drains most of the Town of Abingdon, Virginia, flows south, and empties into South Holston Lake.

Public meeting: The final public meeting on the development of the cleanup study will be held at Department of Environmental Quality, Abingdon Regional Office, 355-A Deadmore Street, Abingdon, VA 24210 on October 28, 2025, at 3 p.m. Participants should enter at the front entrance where the department will have someone there to check individuals in.

In the event of inclement weather, the meeting will be held October 29, 2025, at the same time and location stated.

TMDL community engagement meeting: TMDL community engagement meetings to assist in development of this cleanup study were convened on June 25, 2025, and February 26, 2025.

Public comment period: October 28, 2025, to December 5, 2025.

How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter or requester.

The public may review the cleanup study at https://www.deq.virginia.gov/water/water-quality/tmdl-development/tmdls-under-development.

Contact Information: Landon Jenkins, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 608-8643, or email landon.jenkins@deq.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Public Comment Opportunity for Updates to Form 460: Virginia Informed Choice Form

Notice of public comment period: The Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) welcome public comment regarding potential updates to DMAS Form 460: Virginia Informed Choice Form. The DMAS 460 is used across the Community Living, Family and Individual Supports, and Building Independence Waivers. Drafts for review may be located at the following web addresses:

Service Selection Guide: https://dbhds.virginia.gov/wp-content/uploads/2025/07/Service-Selection-Guide-for-DD-Waivers_7.22.25-draft-for-review.pdf.

Virginia Informed Choice Form (DMAS 460): https://dbhds.virginia.gov/wp-content/uploads/2025/07/DMAS-460_Virginia-Informed-Choice-VIC-Form_7.22.25_draft-for-review.pdf.

Updates have been targeted at making the form more accessible and succinct. This notice serves to inform interested parties that the 30-day comment period opens September 22, 2025, and closes October 22, 2025.

Contact Information: Syreeta Stewart, Regulatory Coordinator, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 298-3863, fax (804) 786-1680, TDD (800) 343-0634, or email syreeta.stewart@dmas.virginia.gov.

Notice of Public Comment Period for Mental Health Case Management

As part of Right Help, Right Now Medicaid Behavioral Health Services Redesign, the Department of Medical Assistance Services (DMAS) is updating service requirements for mental health case management. Mental health case management providers are limited to Community Services Boards (CSBs).

DMAS is seeking public comment on an update to the Mental Health Case Management section of the Case Management Appendix (Appendix I) to the Mental Health Services manual, available at https://www.dmas.virginia.gov/media/uwsngjb2/mental-health-case-management-h0023-09-26-2025.pdf.

Additional information on the Right Help, Right Now Medicaid Behavioral Health Services Redesign is available on the DMAS website at https://www.dmas.virginia.gov/for-providers/benefits-services-for-providers/behavioral-health/medicaid-behavioral-health-services-redesign/.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.

Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

GENERAL NOTICESVol. 42 Iss. 5 - October 20, 2025

GENERAL NOTICES
Vol. 42 Iss. 5 - October 20, 2025