GENERAL NOTICES
Vol. 39 Iss. 24 - July 17, 2023

STATE AIR POLLUTION CONTROL BOARD

Public Comment Opportunity on a Proposed Update to the Mobile Vehicle Emission Budgets for Nitrogen Oxides and Volatile Organic Compounds Applicable to the Northern Virginia 2008 Ozone National Ambient Air Quality Standards Maintenance Area

Notice of action: The Department of Environmental Quality (DEQ) is seeking comments and announcing a public comment period on a proposed update to the mobile vehicle emission budgets (MVEBs) for nitrogen oxides (NOX) and volatile organic compounds (VOC) applicable to the Northern Virginia 2008 ozone National Ambient Air Quality Standards (NAAQS) maintenance area. The Commonwealth intends to submit the updated MVEBs 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 to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the NAAQS promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comments on the MVEB updates associated with the 2008 ozone maintenance plan covering the Northern Virginia portion of the Metropolitan Washington, DC-MD-VA 2008 ozone NAAQS maintenance area. The Northern Virginia portion of the Metropolitan Washington, DC-MD-VA 2008 ozone maintenance area 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: July 17, 2023, through August 16, 2023.

Public hearing: DEQ will hold a public hearing on August 16, 2023, 11 a.m. in Conference Room #2, Northern Regional Office, 13901 Crown Court, Woodbridge, VA, 22193.

Description of proposal: The proposal consists of updates to the MVEBs as well as a description of the techniques used to develop those budgets. 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/2023/06/13/washington-dc-md-va-2008-ozone-naaqs-maintenance-plan-air-quality-air-quality-conformity-ozone/.

Federal information: This notice is being given to satisfy the public participation requirements of 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. 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 recipient designation must be part of each fax. DEQ prefers that all 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, 1111 East Main Street, P.O. Box 1105, Richmond, VA 23219, telephone (804) 659-1990, FAX (804) 698-4178, or 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 Metropolitan Washington Council of Governments website at https://www.mwcog.org/documents/2023/06/13/washington-dc-md-va-2008-ozone-naaqs-maintenance-plan-air-quality-air-quality-conformity-ozone/.

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:

Main Street Office, 1111 East Main Street, 22nd Floor, Richmond, VA, telephone (804) 659-1990; and

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

Contact Information: Doris A. 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, or email doris.mcleod@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Enforcement Action for Central Crossing LLC

An enforcement action has been proposed for Central Crossing LLC for violations of State Water Control Law and regulations at Central Crossing Section 2 located in King William County, Virginia. The proposed order is available from the Department of Environment Quality contact or at https://www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept written comments from July 17, 2023, to August 17, 2023.

Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060, or email matthew.richardson@deq.virginia.gov.

Proposed Enforcement Action for LCVA Holdings LLC

An enforcement action has been proposed for LCVA Holdings LLC for violations of State Water Control Law and regulations and applicable permit at the Chantilly Place sewage treatment plant facility located in Chantilly, Virginia. The proposed consent order is available from the Department of Environmental Quality (DEQ) contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from July 17, 2023, through August 16, 2023.

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

Proposed Enforcement Action for Pilot Travel Centers LLC

An enforcement action has been proposed for Pilot Travel Centers LLC for violations near Buchanan, Virginia on Interstate-81 at mile marker 164.3. The Department of Environmental Quality (DEQ) proposes to issue a special order by consent to Pilot Travel Centers LLC to address noncompliance with the State Water Control Law and regulations. 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 July 17, 2023, through August 16, 2023.

Contact Information: Timothy Fletcher, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, or email timothy.fletcher@deq.virginia.gov.

Proposed Enforcement Action for Harold A. Puryear Trucking Inc.

An enforcement action has been proposed for Harold A. Puryear Trucking Inc. for violations of the State Water Control Law and regulations in Russell County, Virginia. The proposed order is available from the Department of Environmental Quality contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The staff contact will accept written comments from July 17, 2023, through August 16, 2023.

Contact Information: Jonathan Chapman, Enforcement Specialist, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, or email jonathan.chapman@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)) - Supplemental Payments for Services Provided by Physicians at Freestanding Children's 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 the agency contact listed.

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 Rates-Other Types of Care (12VAC30-80)

In accordance with the Virginia Medicaid State Plan (Supplement 6 to Attachment 4.19-B) and 12VAC30-80-300, the state plan is being amended to update the average commercial rate calculation for supplemental payments for services provided by physicians at Virginia's freestanding children's hospitals effective July 1, 2023. The updated average commercial rate percentage of Medicare will be 191%.

The anticipated expenditures are $345,331 in state general funds and $391,768 in federal funds in federal fiscal year 2023, and $1,427,172 in state general funds and $1,521,225 in federal funds in federal fiscal year 2024.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Addiction and Recovery Treatment Services Provider Manual Chapters II, IV, and VI Available for Review and Comment

The draft Addiction and Recovery Treatment Services Provider Manual Chapters II, IV, and VI are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until July 22, 2023.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

Draft Opioid Treatment Services Provider Manual Supplement Available for Review and Comment

The draft Opioid Treatment Services Provider Manual Supplement is now available for public comment on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ until July 22, 2023.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

DEPARTMENTS OF MEDICAL ASSISTANCE SERVICES AND BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Notice of Public Comment Period for § 1915(c) Home and Community Based Services Medicaid Waivers

The Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services (DBHDS) will welcome public comment regarding the submission to the U.S. Centers for Medicare and Medicaid Services (CMS) amended applications for the following § 1915(c) Home and Community Based Services (HCBS) Medicaid Waivers: Community Living (CL) Waiver; Family and Individual Supports (FIS) Waiver; and Commonwealth Coordinated Care Plus (CCC+) Waiver.

This notice serves to inform interested parties that a 30-day public comment period opens June 27, 2023, and closes at 5 p.m. July 27, 2023. The § 1915(c) HCBS Waiver amendment applications can be located at https://dmas.virginia.gov/for-providers/long-term-care/waivers/.

The state is requesting amendments to the CL, FIS, and CCC+ Waivers to revise the following:

Updating language for the permanent allowance of spouses and parents of minors, otherwise known as legally responsible individuals, to be compensated to provide the personal care or personal assistance service when extraordinary care is being provided and no one else is available to provide the care.

Instructions for public comment submissions: Comments should be submitted via the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/ViewNotice.cfm?gnid=2618 or via postal mail to Department of Medical Assistance Services, ATTN: Andrew Greer, Senior Policy Analyst, Office of Community Living, 600 East Broad Street, Suite 1300, Richmond, VA 23219.

Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-0552, FAX (804) 786-1680, or email meredith.lee@dmas.virginia.gov.

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.