GENERAL NOTICES
Vol. 36 Iss. 16 - March 30, 2020

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Northern Virginia Ozone Nonattainment Area - Precursors to the Pollutant Ozone

Notice of action: The Department of Environmental Quality (DEQ) is seeking public comment and announcing a public hearing on a proposed 2017 base year inventory for precursors to the pollutant ozone, which are carbon monoxide (CO), nitrogen oxides (NOX), and volatile organic compounds (VOC), in the Northern Virginia Ozone Nonattainment Area. The Commonwealth intends to submit the inventory as a revision to the Virginia State Implementation Plan (SIP) in accordance with the federal Clean Air Act. The SIP is the plan developed by Virginia in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the National Ambient Air Quality Standards (NAAQS) promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comments on the overall 2017 inventory for the Northern Virginia portion of the Metropolitan Washington, DC-MD-VA Ozone Nonattainment Area, which is classified as marginal for the 2015 NAAQS, and consists of the Counties of Arlington, Fairfax, Loudoun, and Prince William and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.

Public comment period: March 30, 2020, to April 29, 2020.

Public hearing: A public hearing will be conducted at the Department of Environmental Quality, Northern Region Office, 13901 Crown Court, Woodbridge, Virginia, at 10 a.m. on April 29, 2020. A map and directions may be found at http://www.deq.virginia.gov/Locations/NorthernRegionalOffice.aspx.

Description of proposal: The proposal consists of a comprehensive inventory of actual emissions from all sources of relevant pollutants for the base year 2017. This inventory, once finalized, will be the basis for any future planning exercises that have as a goal compliance with the 2015 ozone NAAQS. The proposal was prepared by the Metropolitan Washington Air Quality Committee (MWAQC), which consists of elected officials from the affected localities and representatives of state transportation and air quality planning agencies.

The complete proposal is available at https://www.mwcog.org/documents/2020/01/24/washington-dc-md-va-2015-ozone-naaqs-nonattainment-area-base-year-2017-emissions-inventory-/.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed inventory and supporting technical documents will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.

How to comment: DEQ accepts written comments by email, fax, 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 no later than the last day of the comment period. Both oral and written comments are accepted at the public hearing. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to the contact person listed in this announcement. All materials received are part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans and Programs website at https://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx. The documents may also be obtained by contacting the DEQ representative listed. The public may 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) 698-4249 and

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

Contact Information: Doris A. McLeod, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4319, or email doris.mcleod@deq.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

February 24, 2020

Administrative Letter 2020-01

*Revised March 10, 2020

TO: All Carriers Licensed to Write Accident and Sickness Insurance in Virginia, All Health Services Plans and Health Maintenance Organizations Licensed in Virginia, and Interested Parties

RE: Instructions Related to Health Care Shared Savings Incentive Programs in Virginia

The purpose of this Administrative Letter is to provide guidance to carriers regarding the statutory requirements that apply to Health Care Shared Savings Incentive Programs ("Program" or "Programs") in Virginia as set forth in Article 8 of Chapter 34 of Title 38.2 of the Code of Virginia ("Code").

Article 8 requires carriers offering health benefit plans in the small group market in Virginia to have in place components of a Program and an online interactive comparative mechanism for estimated in-network out-of-pocket costs. In preparation for the Bureau of Insurance's review of each Program and to assist carriers in developing and describing acceptable Programs in plan materials for 2021, we offer the following guidance for submission timelines:

Interactive Comparative Mechanism

Pursuant to § 38.2-3463 of the Code, each health carrier offering or renewing health benefit plans in the small group market on or after July 1, 2020 must establish an interactive mechanism on its website that enables a covered person to request and obtain the estimated out-of-pocket cost to the covered person for comparable health care services from network providers, as well as quality data for providers, as available. Out-of-pocket estimates must be good-faith estimates of the amount the covered person will be responsible to pay for health care services, including cost-sharing.

File Health Care Shared Savings Incentive Program

Pursuant to § 38.2-3462 of the Code, beginning with plans offered or renewed on or after January 1, 2021, each health carrier offering a small group health benefit plan in Virginia must develop and implement a Program that provides incentives for covered persons to shop for comparable health care services from health care providers that are paid less than the average in-network allowed amounts for that service.

By April 30, 2020, each health carrier must file with the Bureau of Insurance via the System for Electronic Rate and Form Filing (SERFF) using the Type of Insurance (TOI) and Filing Type of "Shared Savings Program" under the Accident/Health Business Type. The filing must include a description of the Program to be effective January 1, 2021 that addresses the following:

1. A demonstration that the Program is cost effective by providing projected information in an Excel format using the "Health Care Shared Savings – Demonstration of Cost Effectiveness" template at: http://www.scc.virginia.gov/boi/co/health/index.aspx and including any data relied on in making such a determination. The Bureau will consider a Program as cost effective if the claim savings are greater than the paid incentive plus the cost to administer the Program;

2. The specific incentives and processes used to earn such incentives, including how the covered person requests the average allowed amount, how incentives are paid, along with any eligibility and documentation requirements;

3. How average allowed amounts for health care services are calculated. The amounts must be calculated over a period not to exceed one year; however, the Bureau suggests that the average allowed amounts be based on a median of the most current allowed amounts by region, as region is determined by the carrier;

4. How the Program will be made available as a component to all small group health benefit plans, including instructions for employees and notification of availability, incentives and tax treatment; and

5. Any comparable health care services included in the Program in addition to those listed in § 38.2-3461. The carrier shall identify any health care services specifically included in the definition of comparable health care services that do not meet the variation standards noted in the definition and that the carrier does not consider to be comparable health care services.

On or before the date the Bureau approves filed forms for the 2021 plan year small group market, the Bureau will notify health carriers whether the carrier's Program complies with statutory requirements. After this initial filing, the Bureau expects each carrier to submit for review the above information prior to offering any Program that varies from the previously filed and reviewed Program.

Plan Materials - Description of Program

As part of the SERFF form filings for the 2021 benefit year, unless granted an exemption as described below, plan materials to be issued in the small group market must inform the covered person of: 

• the person's eligibility for an incentive payment;

• a website URL for the interactive mechanism where the covered person can view quality data and the estimated out-of-pocket cost from network providers for comparable health care services covered under that person's health benefit plan; and

• the process to request the average allowed amount for a comparable health care service.

Plan Exemption

Health carriers with plans with a limited provider network may file with the Bureau a request for an exemption from participating in the Program by demonstrating that the plan's network is incompatible with the Program. A carrier's plans may be exempt if the carrier cannot demonstrate cost effectiveness as described above and in the "Health Care Shared Savings – Demonstration of Cost Effectiveness" template as referenced above. Plan exemption will be valid through the calendar year for which it was granted, or until the information supporting exemption is no longer valid, whichever occurs earlier. Annual requests for exemption must be filed by March 15 of the year prior to the requested exemption year.

Annual Report

As described in subsection J of § 38.2-3462 of the Code, each health carrier will be required to file the "Health Care Shared Savings – Annual Report" at http://www.scc.virginia.gov/boi/co/health/index.aspx by April 1 of each year beginning April 1, 2022, unless all of a carrier's plans are determined exempt. It is anticipated that this filing will be made through SERFF as well, the details of which will be provided later.

This letter describes and summarizes the requirements of Article 8 of Chapter 34 of Title 38.2 of the Code. The provisions of each of these sections should be reviewed carefully for compliance.

Any questions concerning this Administrative Letter may be addressed to: David Shea, MAA, FSA, Health Actuary, Bureau of Insurance, david.shea@scc.virginia.gov.

/s/ Scott A. White
Commissioner of Insurance

*Revised March 10, 2020 to extend the date for the SERFF filings by insurers of their Shared Savings Programs

DEPARTMENT OF ENVIRONMENTAL QUALITY

Director's Determination for a Small Renewable Energy (Water Related) Permit by Rule

Pursuant to the Small Renewable Energy Projects Act of 2009 (§ 10.1-1197.5 et seq. of the Code of Virginia), the department is directed to develop one or more permits by rule "if it is determined by the Department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects." Regulatory advisory panels (RAPs) comprised of stakeholders were established for each renewable source category (i.e., wind, solar, combustion, and water) to make recommendations regarding a permit by rule (PBR) for each energy source. The director has approved a PBR regulation for wind energy projects, solar energy projects, and combustion energy projects.

The water-related RAP made a consensus recommendation in the fall of 2011 that it was not necessary or appropriate under current conditions for DEQ to develop a PBR regulation for renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power. The RAP further recommended that DEQ reevaluate the potential need for a PBR regulation concerning these water-related renewable energy resources in 2014 or sooner if circumstances or public requests so indicate. The director issued a decision memorandum on December 2, 2011, in which the director accepted the RAP's recommendation.

DEQ completed the reevaluation of the potential need for a PBR regulation concerning these water-related renewable energy resources in 2014 and on November 6, 2014, the director (i) determined that it was still not necessary or appropriate to develop a PBR and (ii) directed a reevaluation of the need for a PBR in 2019 or sooner if circumstances or public requests so indicate.

As part of the 2019 reevaluation of the need for a PBR regulation concerning these water-related renewable energy resources, an opportunity for the public to comment on the reevaluation of the RAP recommendation for small renewable energy (water related) PBR regulation was announced through a Virginia Regulatory Town Hall General Notice on January 10, 2020. The public comment period began January 10, 2020, and ended February 10, 2020. The notice provided an opportunity for the public to submit comments concerning the consensus recommendation of the RAP members. No comments were received during the public comment period.

Department staff are not aware of any circumstances, technological developments, changes to federal or state laws, or other factors that have changed since the director's 2014 reevaluation.

On February 28, 2020, DEQ completed the reevaluation and the director (i) determined that it is still not necessary or appropriate to develop a PBR at the present time for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power and (ii) requested staff to advise the director when technical developments or changes to federal or state law occur that would warrant the reevaluation of the need for the development of a PBR for small renewable energy projects that generate electricity from falling water, wave motion, tides, or geothermal power.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY and DEPARTMENT OF CONSERVATION AND RECREATION

Availability of and Public Comment on Virginia's Draft Chesapeake Bay 2020–2021 Milestones

The Department of Environmental Quality (DEQ) announces the release of the Virginia draft Chesapeake Bay 20202021 Milestones for public review beginning March 9, 2020. These milestones were developed by the various agencies responsible for implementing Virginia's Phase III Watershed Implementation Plan (WIP). Virginia is committed to setting and working toward two-year milestones to improve water quality in accordance with the Chesapeake Bay total maximum daily load (TMDL). These milestones are a part of the U.S. Environmental Protection Agency's (EPA) accountability framework designed to ensure, with confidence, that the nitrogen, phosphorous, and sediment allocations of the TMDL will be met.

The review period begins March 9, 2020, and will conclude April 7, 2020. Beginning March 9, 2020, the draft documents can be found on DEQ's Chesapeake Bay TMDL Phase III Watershed Implementation Planning webpage. We invite review by all stakeholders and the general public.

Virginia's Final 2020–2021 Milestones will be submitted to EPA no later than May 30, 2020, and will be available no later than June 13, 2020, on DEQ's Chesapeake Bay Nutrient and Sediment Reduction Milestones webpage.

Written comments: Written comments on the Draft 20202021 Milestones may be submitted by any of the three methods listed. Please include the name and mailing address (or email address) of the commenter.

1. Email: chesbayplan@deq.virginia.gov

2. Postal mail: DEQ, ATTN: Chesbayplan, P.O. Box 1105, Richmond, VA 23218

3. Hand delivery: DEQ, ATTN: Chesbayplan, 1111 East Main Street, Suite 1400, Richmond, VA 23219 (Monday through Friday, 8:30 a.m. – 5 p.m., except on state holidays and any other days on which state offices in the Richmond area are closed)

Contacts for additional information:

Michael Murphy, telephone (804) 698-4139, or email michael.murphy@deq.virginia.gov

James Martin, telephone (804) 698-4298, or email james.martin@deq.virginia.gov

Arianna Johns, telephone (804) 698-4525, or email arianna.johns@deq.virginia.gov

Contact Information for DEQ: Michael Murphy, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23238, or email chesbayplan@deq.virginia.gov.

Contact Information for DCR: Lisa McGee, Policy and Planning Director, Department of Conservation and Recreation, 600 East Main Street, 24th Floor, Richmond, VA 23219, telephone (804) 786-4378, FAX (804) 786-6141, or email lisa.mcgee@dcr.virginia.gov.

STATE BOARD OF HEALTH and VIRGINIA DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Legal Notice of Request for Certificate of Public Need Applications

Comment period: March 30, 2020, through April 13, 2020.

Pursuant to the requirements of § 32.1-102.3:2 of the Code of Virginia, notice is hereby given of consideration of the need to issue a request for applications (RFA) for the development of additional nursing home beds in Virginia. This notice reviews the qualification of Virginia's 22 health planning districts for the authorization of additional nursing home beds pursuant to applicable law and regulation (12VAC5-230-610).

Evaluation of Need for Additional Nursing Home Beds: The "Nursing Home Services" component of the Virginia State Medical Facilities Plan (SMFP) (12VAC5-230-10 et seq.) contains a nursing home bed need forecasting method (12VAC5-230-610). This method has been employed by the Virginia Department of Health (VDH) to compute a forecast of needed nursing home beds in 2022 in each of Virginia's 22 health planning districts. For conduct of the certificate of public need program, VDH continues to recognize the former Planning District 20, Southeastern Virginia, and the former Planning District 21, Peninsula, rather than the current combined Planning District 23, Hampton Roads.

Consistent with the SMFP (12VAC5-230-610 A), a health planning district is considered to have a need for additional nursing home beds when (i) the median annual occupancy of all existing nonfederal, Medicaid-certified nursing homes in the planning district was at least 93%; and (ii) the average annual occupancy of all existing nonfederal, Medicaid-certified nursing homes in the planning district was at least 90% for the most recent year for which bed utilization has been reported to VDH (through nursing home filings with Virginia Health Information Inc.). The Veterans Care Centers are excluded by regulation from consideration in the determination of nursing home bed need. For purposes of this notice, 2017 is the most recent year of nursing home utilization data reported to Virginia Health Information.

Also, no health planning district will be considered to have a need for additional nursing home beds if there are uncompleted nursing home beds that were authorized for the health planning district within the last three years and that will be Medicaid-certified beds. The following table displays, by health planning district, the nursing home gross bed need forecast for 2022, the current licensed bed inventory plus authorized additions of nursing home beds, and the net bed need forecast for 2022.

The table also shows the average annual percent occupancy and the median annual percent occupancy of Medicaid-certified nursing homes in each health planning district for the 2017 reporting year. The final column of the table states whether the health planning district qualifies for additional nursing home beds for the 2022 planning horizon year, and it identifies any health planning district with uncompleted nursing home beds that are expected to be certified by Medicaid when this determines the health planning district's qualification for an RFA.


Nursing Home Bed Need Forecast and Whether a Health Planning District Qualifies for
Additional Nursing Home Beds for the 2022 Planning Year

Planning District

Gross Bed Need Forecast for 2022

Existing plus Authorized Beds

Projected Net Bed Need in 2022

( ) = surplus

Median Occupancy of Medicaid NFs 2017

Average Occupancy of Medicaid NFs 2017

Plan. District Qualifies for Additional NH Beds

1

560

641

(81)

92.1%

90.8%

No - no need

2

490

509

(19)

86.5%

84.2%

No - no need

3

1,335

1,519

(184)

88.4%

89.7%

No - no need

4

772

773

(1)

88.7%

85.1%

No - no need

5

2,051

2,275

(224)

90.7%

87.6%

No - no need

6

1,588

1,504

84

92.8%

91.5%

No - low occu.

7

1,024

1,003

21*

92.6%

89.2%

No - no need

8

4,799

4,515

284

87.8%

84.5%

No - low occu.

9

790

766

24*

90.6%

88.6%

No - no need

10

1,115

1,064

51

90.0%

89.6%

No - low occu.

11

1,457

1,560

(103)

86.8%

85.1%

No - no need

12

1,881

1,929

(48)

89.4%

87.4%

No - no need

13

815

841

(26)

92.3%

85.1%

No - no need

14

567

662

(95)

89.7%

86.1%

No - no need

15

4,182

4,096

86

90.7%

87.6%

No - low occu.

16

900

875

25*

86.6%

79.5%

No - no need

17

252

268

(16)

83.8%

76.3%

No - no need

18

529

550

(21)

91.4%

88.8%

No - no need

19

943

1,055

(112)

87.0%

82.0%

No - no need

20

4,210

4,330

(120)

87.5%

86.0%

No - no need

21

1,838

1,828

10*

88.9%

87.5%

No - no need

22

292

281

11*

73.9%

77.7%

No - no need

*Per 12VAC5-230-610 C, a projected net bed need of 1 to 29 beds rounds to zero.


Sources: Virginia State Medical Facilities Plan (12VAC5-230-610); University of Virginia Weldon Cooper Center for Public Service (population projections, 2019 edition); 2014 Virginia Nursing Home Patient-Origin Survey, VDH Office of Licensure and Certification (for age-specific nursing home use rates); VDH Office of Licensure and Certification (for bed inventory).

Conclusion: The RFA for nursing home beds issued in 2019 is hereby issued as a notice that no need exists for additional nursing home beds. As shown in the preceding table, no health planning district is identified by the standards of the SMFP as having a forecasted need for nursing home beds by 2022. No health planning district in Virginia currently meets the four-part test for qualification by:

1) Having a positive formula-generated need projection;

2) Having a median annual occupancy percentage of Medicaid-certified nursing homes for the most recent reporting year of 93% or higher;

3) Having an average annual occupancy percentage of Medicaid-certified nursing homes for the most recent reporting year of 90% or higher; and

4) Having no uncompleted nursing home beds authorized within the last three years that will be Medicaid certified.

Any person objecting to this notice may notify the State Health Commissioner and the State Board of Health within 14 days of publication of this notice in the Virginia Register of Regulations. Any objections received will be considered and replied to before a final notice is published.

Contact Information: Rebekah E. Allen, Senior Policy Analyst, Virginia Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367-2157, FAX (804) 527-4502, or email regulatorycomment@vdh.virginia.gov.

STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA

Seeking Comment from Students or on Behalf of Students of Certain Private and Out-of-State Institutions Regarding Enrollment Agreements

The Private Postsecondary Education (PPE) Division of the State Council of Higher Education for Virginia (SCHEV) is responsible for the regulation and oversight of certain private and out-of-state institutions. As a result of a legislative mandate, SCHEV is proposing regulatory language to amend Regulations Governing Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates (8VAC40-31). Institutions certified by SCHEV are required to enter into an enrollment agreement with each student and provide student disclosures prescribed by the council. The proposed language describes requirements of enrollment agreements now prescribed by law.

Regulation name: Regulations Governing the Certification of Certain Institutions to Confer Degrees, Diplomas and Certificates (8VAC40-31)

Purpose of notice: This regulatory proposal was developed by a workgroup consisting of institutions of higher education. During the public comment period for the Notice of Intended Regulatory Action (NOIRA), SCHEV received comments from institutions affected by this regulation. However, students did not submit comments. SCHEV would like to receive input from or on behalf of students on this regulatory proposal prior to adopting the final regulation. SCHEV is opening a comment forum in connection to this general notice for this purpose.

Public comment period: February 28, 2020, to April 17, 2020 (49 days).

Link to Proposed Regulation on the Virginia Regulatory Town Hall: https://townhall.virginia.gov/L/ViewXML.cfm? textid=14178.

Link to SCHEV Agency Background Statement, which further explains this regulatory proposal: https://townhall.virginia.gov/L/GetFile.cfm?File=100\4821\8684\AgencyStatement_SCHEV_8684_v3.pdf.

Other Notices: This regulation is being promulgated through the standard rulemaking process, a flowchart of which can be viewed at https://townhall.virginia.gov/um/chart
standardbasic.pdf
. This regulatory action is now at the proposed stage. After executive branch review and publication in the Virginia Register of Regulations, there will be a 60-day public comment period.

To be notified about this regulatory action as it continues to be developed, sign up on the Town Hall at: https://townhall.
virginia.gov/L/Register.cfm
. Be sure to sign up to receive information about SCHEV regulations.

Contact Information: Sylvia Rosa-Casanova, Director, Private Postsecondary Education, State Council of Higher Education for Virginia, 101 North 14 Street, Richmond, VA 23219, telephone (804) 225-3399, or email sylviarosacasanova@schev.edu.


DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) by Updating ACR Calculation of Supplemental Payments for Physicians Affiliated with Type One Hospitals

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to the Methods and Standards for Establishing Payment Rates - Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review from Emily McClellan, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or via email at emily.mcclellan@dmas.virginia.gov.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Emily McClellan, and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall public comment forum  at https://townhall.virginia.gov/L/generalnotice.cfm.

In accordance with 42 CFR 431.16 (a) and (b) and State Medicaid Director Letter 13-003 issued by the Centers for Medicare and Medicaid Services, DMAS will be making the following changes:

Methods and Standards for Establishing Payment Rates - Other Types of Care (12VAC30-80)

Reimbursement Changes Affecting Other Types of Care:

12VAC30-80-30 is being amended to update the average commercial rate calculation of supplemental payments for physicians affiliated with Type One Hospitals in Virginia, effective April 1, 2020. The updated average commercial rate (ACR) percentage of Medicare will be 236% (combined).

The expected decrease in annual expenditures is $4,380,724.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

STATE WATER CONTROL BOARD

Cancellation of Public Meeting and Postponement of Public Comment for a TMDL Implementation Plan for the McClure River Watershed in
Dickenson County

The Virginia Department of Environmental Quality (DEQ) has canceled the March 26, 2020, final public meeting to review the draft total maximum daily load (TMDL) implementation plan (IP) for the McClure River watershed in Dickenson County, Virginia. Due to the coronavirus, COVID-19, this meeting will be canceled and rescheduled in the near future. Also, the 30-day public comment period for interested persons to submit comments on the draft IP will be postponed until the final public meeting is rescheduled. Please contact Stephanie Kreps, Department of Environmental Quality Southwest Regional Office at telephone (276) 676-4803 or email stephanie.kreps@deq.virginia.gov for any questions.

Proposed Judicial Consent Decree for Virginia Electric and Power Company

The Commonwealth of Virginia and the United States of America are proposing to enter into a judicial consent decree with Virginia Electric and Power Company to settle certain alleged violations of the Commonwealth's State Water Control Law and regulations, the Clean Water Act, Emergency Planning and Community Right-to-Know Act, and Comprehensive Environmental Response, Compensation, and Liability Act related to activities in Albemarle, Bath, Brunswick, Campbell, Chesapeake, Chesterfield, Fluvanna, Halifax, Louisa, Powhatan, and Prince William Counties and the City of Richmond, all located in Virginia. The proposed consent decree is available at http://www.deq.virginia.gov or by submitting a request for the document to kristen.sadtler@deq.virginia.gov. Written comments will be accepted from March 30, 2020, through April 29, 2020, and should be submitted by email to kristen.sadtler@deq.virginia.gov or by postal mail to Enforcement, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 or hand-delivery by close of business to 1111 East Main Street, Suite 1400, Richmond, VA 23219.

Proposed Enforcement Action for
Always Used Auto Parts Inc.

An enforcement action has been proposed for Always Used Auto Parts Inc. for violations of the State Water Control Law in Chesapeake, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, by FAX at (757) 518-2009, or by postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from March 30, 2020, to April 29, 2020.

Proposed Consent Special Order for Craig-New Castle Public Service Authority

An enforcement action has been proposed with the Craig-New Castle Public Service Authority for violations in Craig County, Virginia. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov or by postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, from March 30, 2020, to April 29, 2020.

Proposed Consent Special Order for
Eagle on 3 LLC

An enforcement action has been proposed for Eagle on 3 LLC for violations in Pittsylvania County, Virginia. The State Water Control Board proposes to issue a special order by consent to Eagle on 3 LLC to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or by postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from March 30, 2020, to April 29, 2020.

Proposed Consent Special Order for
Par 3 Development Group LLC

An enforcement action has been proposed for Par 3 Development Group LLC for violations in Charlotte, Halifax, Henry, Prince George, King and Queen, and Louisa Counties, Virginia. The State Water Control Board proposes to issue a special order by consent to Par 3 Development Group LLC to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or by postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from March 30, 2020, to April 29, 2020.

Proposed Consent Special Order for
Par 5 Development Group LLC

An enforcement action has been proposed for Par 5 Development Group LLC for violations in Charlotte and Buckingham Counties, Virginia. The State Water Control Board proposes to issue a special order by consent to Par 5 Development Group LLC to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from March 30, 2020, to April 29, 2020.

Proposed Consent Special Order for
Rhetson Companies Inc.

An enforcement action has been proposed for Rhetson Companies Inc. for violations in Charlotte, Pittsylvania, and Halifax Counties, Virginia. The State Water Control Board proposes to issue a special order by consent to Rhetson Companies Inc. to address noncompliance with the State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Kristen Sadtler will accept comments by email at kristen.sadtler@deq.virginia.gov or postal mail at Department of Environmental Quality, Central Office, P.O. Box 1105, Richmond, VA 23218, from March 30, 2020, to April 29, 2020.

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.