STATE AIR POLLUTION CONTROL BOARD
Revision to the State Implementation Plan to Allow Areas to Attain and Maintain the 2010 National Ambient Air Quality Standard for Sulfur Dioxide
Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public comment period on a proposed plan to ensure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the 2010 national ambient air quality standard (NAAQS) for sulfur dioxide (SO2). The Commonwealth intends to submit the plan as a revision to the Virginia 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 NAAQS promulgated by the U.S. Environmental Protection Agency.
Purpose of notice: DEQ is seeking comments on whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to the Good Neighbor provisions under § 110(a)(2)(D)(I), ensuring that Virginia's SO2 emissions do not cause or contribute to downwind nonattainment or interfere with maintenance of the 2010 SO2 NAAQS.
Public comment period: August 1, 2022, through August 31, 2022.
Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed at the end of this notice. 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.
Description of proposal: The proposed revision consists of a demonstration of compliance with the requirements under § 110(a)(2)(D)(I) of the federal Clean Air Act for the 2010 SO2 NAAQS.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
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. A cover page with the recipient's full mailing address must be part of each fax. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to Doris A. McLeod, Air Quality Planner, Department of Environmental Quality, 22nd Floor, 1111 East Main Street, P.O. Box 1105, Richmond, Virginia 23219, telephone (804) 659-1990, FAX (804) 698-4178, email doris.mcleod@deq.virginia.gov. 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 web page at https://www.deq.virginia.gov/permits-regulations/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, 1111 East Main Street, 22nd Floor, Richmond, VA, 23219, telephone (804) 698-4000
2. Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, telephone (757) 518-2000
3. Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, 24210, telephone (276) 676-4800
4. Blue Ridge Regional Office, 901 Russell Drive, Salem, VA, 24153, telephone (540) 562-6700
5. Valley Regional Office, 4411 Early Road, Harrisonburg, VA, P.O. Box 3000, 22801 telephone (540) 574-7800
6. Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, 23060, telephone (804) 527-5020 and
7. Northern Regional Office, 13901 Crown Court, Woodbridge, VA, 22193, telephone (703) 583-3800.
Contact Information: Doris McLeod, Air Quality Planner, Department of Environmental Quality,1111 East Main Street, P.O. Box 1105, Richmond, VA 23219, telephone (804) 659-1990, FAX (804) 698-4178.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Brunswick Properties LLC
The Department of Environmental Quality (DEQ) proposes to issue a consent special order to Brunswick Properties LLC for alleged violation of the State Water Control Law at the I-85 Business Park located on Boydton Plank Road in Brunswick County, Virginia. A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov/permit-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from August 1, 2022, through September 1, 2022.
Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Notice of Enforcement Action for Concept Developments Inc.
The Department of Environmental Quality (DEQ) proposes to issue a consent special order to Concept Developments Inc. for alleged violation of the State Water Control Law at the VP163 Site located at Lots 10 and 13 Quality Way in Prince George County, Virginia (Latitude 37.2086, Longitude -77.2914). A description of the proposed action is available at the DEQ office listed or online at www.deq.virginia.gov. The staff contact will accept comments by email or postal mail from August 1, 2022, to August 30, 2022.
Contact Information: Jeff Reynolds, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 720-4754, or email jefferson.reynolds@deq.virginia.gov.
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)) - 2022 Non-Institutional Provider Reimbursement Changes
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 the contact listed at the end of the notice.
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 Meredith Lee 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.
Methods and Standards for Establishing Payment Rate; Other Types of Care (12VAC30-80)
1. In accordance with Item 304 DD(7)(b) of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to implement supplemental physician payments for practice plans employed by or under contract with Chesapeake Regional Hospital to the maximum allowed by the Centers for Medicare and Medicaid Services (CMS). The department shall increase payments to Medicaid managed care organizations for the purpose of providing higher rates to physicians employed by or under contract with Chesapeake Regional Hospital based on the maximum allowed by CMS. The department shall revise its contracts with managed care organizations to incorporate these managed care directed payments, subject to approval by CMS.
The expected increase in annual aggregate expenditures is $0 in state general funds and $2,781,421 in federal funds in federal fiscal year 2022.
2. In accordance with Item 304 DDDD of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase the rates for agency-directed and consumer-directed personal care services under the Early Periodic Screening, and Diagnosis and Treatment (EPSDT) benefit by 7.5% to reflect additional increases in the state minimum wage while maintaining the existing differential between consumer-directed and agency-directed rest-of-state rates as well as the northern Virginia and rest-of-state rates. A corresponding rate increase of 7.5% will be provided for these services and for companion and respite services provided under home and community-based waivers, however, the increase is not included in a state plan amendment but via waiver documentation.
The expected increase in annual aggregate expenditures is $4,755 in state general funds and $6,102 in federal funds in federal fiscal year 2022.
3. In accordance with Item 304 IIII(1) of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase reimbursement rates for dental services by 30%.
The expected increase in annual aggregate expenditures is $6,285,669 in state general funds, $506,734 in special funds, and $11,352,111 in federal funds in federal fiscal year 2022.
4. In accordance with Item 304 JJJJ of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase reimbursement rates for physician primary care services, excluding those provided in emergency departments, to 80% of the federal fiscal year 2021 Medicare equivalent as calculated by the department and consistent with the appropriation available for this purpose.
The expected increase in annual aggregate expenditures is $29,252 in state general funds, $6,162 in special funds, and $86,459 in federal funds in federal fiscal year 2022.
5. In accordance with Item 304 KKKK of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to update the rates for private duty and skilled nursing under the EPSDT benefit. A corresponding rate increase will be provided for these services and for group homes, sponsored residential, supported living, independent living supports, in-home supports, community engagement, community coaching, therapeutic consultation, group day support, group supported employment, workplace assistance, community guide, developmental disability case management and benefits planning provided under home and community-based waivers, using the most recent rebasing estimates, based on a DMAS review of the model assumptions as appropriate and consistent with efficiency, economy, quality, and sufficiency of care and reported no later than July 1, 2022. Rates shall be increased according to tiered payments contained in the rebasing model, where appropriate for the type of service provided. These increases are not included in the state plan amendment but via waiver documentation.
The expected increase in annual aggregate expenditures is $671,439 in state general funds, $1,548 in special funds, and $875,462 in federal funds in federal fiscal year 2022.
6. In accordance with Item 304 LLLL of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase reimbursement rates for obstetrics and gynecology covered services by 15%.
The expected increase in annual aggregate expenditures is $8,661 in state general funds, $1,227 in special funds, and $19, 907 in federal funds in federal fiscal year 2022.
7. In accordance with Item 304 MMMM of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase reimbursement rates for children's covered vision services by 30%.
The expected increase in annual aggregate expenditures is $2,732 in state general funds, $133 in special funds, and $4,952 in federal funds in federal fiscal year 2022.
8. In accordance with Item 304 QQQQ of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase Medicaid rates for peer recovery and family support services in private and public community-based recovery services settings from $6.50 to $13.00 per 15 minutes for individuals and from $2.70 to $5.40 per 15 minutes for groups.
The expected increase in annual aggregate expenditures is $2,363 in state general funds, $269 in special funds, and $4,849 in federal funds in federal fiscal year 2022.
9. In accordance with Item 304 RRRR of Chapter 1289 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised to increase rates by 12.5%, relative to the rates in effect prior to July 1, 2021, for consumer-directed facilitation services, mental health and early intervention case management services, and community behavioral health and habilitation services.
The expected increase in annual aggregate expenditures is $347,659 in state general funds, $15,569 in special funds, and $500,533 in federal funds in federal fiscal year 2022.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.
BOARD OF PHARMACY
Notice for Scheduling Chemicals in Schedule I Pursuant to § 54.1-3443 of the Code of Virginia
Pursuant to § 54.1-3443 D of the Code of Virginia, the Board of Pharmacy is giving notice of a public hearing to consider placement of chemical substances in Schedule I of the Drug Control Act. The virtual public hearing will be conducted at 9:05 a.m. on September 6, 2022. Instructions will be included in the agenda for the board meeting, which is also on September 6, 2022. Public comment may be submitted electronically or in writing prior to September 6 to the contact listed at the end of this notice.
Pursuant to § 54.1-3443 D of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified five compounds for recommended inclusion into Schedule I of the Drug Control Act.
1. The following compound is classified as a synthetic opioid. Compounds of this type have been placed in Schedule I (subdivision 1 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
N,N-diethyl-2-[5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl]ethanamine (other name: Protonitazene), its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation.
2. Based on its chemical structure, the following compound is expected to have hallucinogenic properties. Compounds of this type have been placed in Schedule I (subdivision 3 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
1-(1,3-benzodioxol-5-yl)-2-(cyclohexylamino)butan-1-one (other names: Cybutylone, N-cyclohexyl Butylone), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
3. Based on its chemical structure, the following compound is expected to have depressant properties. Compounds of this type have been placed in Schedule I (subdivision 4 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
8-bromo-6-(2-chlorophenyl)-1-methyl-4H-[1,2,4]triazolo[4,3-a][1,4]benzodiazepine (other names: Clobromazolam, Phenazolam), its salts, isomers (optical, position, and geometric), and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
4. The following compounds are classified as cannabimimetic agents. Compounds of this type have been placed in Schedule I (subdivision 6 of § 54.1-3446 of the Code of Virginia) in previous legislative sessions.
a. 5-bromo-N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-indazole-3-carboxamide (other name: ADB-5Br-INACA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
b. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-5-bromo-1-butylindazole-3-carboxamide (other name: ADB-5'Br-BUTINACA), its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
Contact Information: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Henrico, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472.
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.