GENERAL NOTICES
Vol. 37 Iss. 20 - May 24, 2021

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Notice of Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - COVID Vaccine Administration Fee

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 Rate; Other Types of Care (12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and § 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, DMAS, 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/comments.cfm?GeneralNoticeid=1236.

This notice is available for public review on the Virginia Regulatory Town Hall at www.townhall.virginia.gov on the General Notices page at https://townhall.virginia.gov/L/generalnotice.cfm.

In accordance with the 2021 Appropriations Act, Item 313.UUUUU, DMAS will be making the following changes:

In Methods & Standards for Establishing Payment Rate; Other Types of Care (12VAC30-80), the state plan is being revised to establish the administration fee for the COVID-19 vaccine at $40 to match the Medicare rate.

The expected increase in annual aggregate expenditures is $21,802,880 in federal funds in federal fiscal year 2021.

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.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for the City of Covington

An enforcement action has been proposed for the City of Covington for violations in Covington, Virginia. The State Water Control Board proposes to amend a special order by consent issued to the City of Covington to address noncompliance with the State Water Control Law and regulations. A description of the proposed amendment is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from May 24, 2021, to June 23, 2021.

Contact Information: R. Nelson Dail, Department of Environmental Quality, Blue Ridge Office, 901 Russell Drive, Salem, VA 24153, or email nelson.dail@deq.virginia.gov.

Proposed Enforcement Action for Craft Machine Works Inc.

An enforcement action has been proposed for Craft Machine Works Inc., Hampton, for violations of State Water Control Law. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email, fax, or postal mail from May 24, 2021, to June 23, 2021.

Contact Information: John Brandt, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email john.brandt@deq.virginia.gov.

Proposed Enforcement Action for the Dickenson County Public Service Authority

An enforcement action has been proposed for the Dickenson County Public Service Authority for violations of the State Water Control Law at the Haysi Sewage Treatment Plant in Dickenson County. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person will accept comments by email or postal mail from May 25, 2021, through June 24, 2021.

Contact Information: Jonathan Chapman, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@deq.virginia.gov.

Proposed Enforcement Action for the Rappahannock Regional Solid Waste Management Board

An enforcement action has been proposed for the Rappahannock Regional Solid Waste Management Board for violations of the State Water Control Law and regulations at the R-Board Sanitary Landfill located in Stafford County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact person will accept comments by email or postal mail from May 25, 2021, through June 24, 2021.

Contact Information: Jim Datko, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email james.datko@deq.virginia.gov.

Notice of Intent to Approve Revised Compensation Planning Framework for Virginia Aquatic Resources Trust Fund

Pursuant to § 62.1-44.15:20-23 of the Code of Virginia and 9VAC25-210-116 D, the State Water Control Board is giving notice of its intent to approve a revised Compensation Planning Framework (CPF) for use by the Virginia Aquatic Resources Trust Fund (VARTF). VARTF is an approved in-lieu fee mitigation program (ILF Program), sponsored and operated by The Nature Conservancy (sponsor). This public notice is specific to the sponsor's request to replace their 2009 CPF with a revised 2021 CPF.

On July 18, 2019, the VARTF 2019 Amended and Restated Program Instrument (instrument) was finalized. In 2019, the board, acting through Department of Environmental Quality, also approved the VARTF ILF Program to operate within the Commonwealth of Virginia for a period of 10 years, pursuant to 9VAC25-210-116 D, outlining ILF Program approval. The instrument, through the CPF, identifies where the sponsor will locate and pursue compensatory mitigation projects. The sponsor's first CPF was developed in 2009 and was incorporated into the VARTF ILF Program Instrument. In March 2021, the sponsor submitted "The Nature Conservancy's Watershed Approach to Compensation Planning for the Virginia Aquatic Resources Trust Fund" (2021 CPF). The 2021 CPF will replace the 2009 CPF. The 2021 CPF incorporates advances in science, new spatial prioritization data, refinements to the sponsor's conservation approach, and the operational history of the VARTF ILF Program into its efforts to select and evaluate compensatory mitigation sites.

The board intends to approve the VARTF 2021 CPF. In addition to the advances discussed above, the 2021 CPF includes a subset of site selection criteria that follows the ConserveVirginia: Virginia's Land Conservation Strategy, Version 2.0, as outlined by the Virginia Department of Conservation and Recreation (DCR). According to DCR, ConserveVirginia "is a key tool in guiding Virginia's investments in land and water conservation, providing a map of Virginia's highest conservation value lands, based on 19 mapped data inputs. The ConserveVirginia map includes more than six million acres of lands representing top priority conservation values" in categories such as natural habitat and habitat diversity, floodplain resilience, cultural and historic preservation, water quality improvement, and scenic preservation (https://www.dcr.virginia.gov/conservevirginia/).

An ILF Program may be one of several practicable options available to applicants to compensate for unavoidable wetland and stream impacts associated with permits issued by (i) the U.S. Army Corps of Engineers Norfolk District (USACE) pursuant to § 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act and (ii) the Virginia Department of Environmental Quality (DEQ) pursuant to § 401 of the Clean Water Act and Title 62.1 of the Code of Virginia. USACE and DEQ provide no guarantee that a specific individual permit or general permit will be granted authorization to use this ILF Program to compensate for unavoidable impacts associated with that specific permit. Authorization by the Virginia Marine Resources Commission may also be required for ILF Program use for specific projects.

Approval of the VARTF 2021 CPF may be made by written notice by the board, acting through DEQ, after accepting and considering public comments on its approval for at least a 30-day public comment period pursuant to 9VAC25-210-116 D.

A copy of this public notice and the VARTF 2021 CPF will be available on May 24, 2021, on the DEQ website Wetlands and Streams Public Notice page at https://www.deq.virginia.gov/permits-regulations/public-notices/water/wetlands-streams, under the Program and Regulatory section or by calling or emailing David L. Davis, DEQ Office of Wetlands and Stream Protection. The comment period begins on May 24, 2021. Written comments, including those by email, must be received no later than 11:59 p.m. on June 24, 2021, and should be submitted to David L. Davis using the contact information listed. Only those comments received within the comment period will be considered by the Board. Written comments shall include the name, address, and telephone number of the writer, shall reference "VARTF 2021 CPF" in the subject line, and shall contain a complete, concise statement of the factual basis for comments.

Contact Information: Cindy Berndt, Regulatory Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4378, FAX (804) 698-4178.

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.