DEPARTMENT OF ENVIRONMENTAL QUALITY
Draft Virginia State Water Resources Plan - Extension of Public Comment Period
The Virginia Department of Environmental Quality released the draft 2020 Virginia State Water Resources Plan (State Plan) on June 28, 2021, for public comment. The department received a request for an extension of the public comment period. An extension of the public comment period through September 13, 2021, has been granted.
The State Plan, as required by § 62.1-44.38 of the Code of Virginia, is published at five-year intervals and compiles information provided to the department by localities on water sources, demand projections, and water use data, as well as information collected through annual withdrawal reporting and withdrawal permit reporting into a central document. The department analyzes this information by completing cumulative impact analysis (CIA) modeling of surface water and groundwater resources. The first State Plan was published in 2015. The draft 2020 State Plan includes advances in CIA modeling, updated current and future water use and discharge data, and the addition of several new modeling scenarios that evaluate the impacts of climate change. The draft 2020 State Plan also includes 20 distinct regional analyses conducted at river basin scale that will allow evaluation of results beyond the statewide trends. The draft 2020 State Plan will be available beginning June 28, 2021, through September 13, 2021, on the department website at https://www.deq.virginia.gov/water/water-quantity/water-supply-planning/virginia-water-resources-plan.
A free public informational webinar summarizing the draft 2020 State Plan was held on July 8, 2021, at 2 p.m. During the webinar, the department provided an overview of the draft 2020 State Plan's purpose and key results. A recording of the webinar can be viewed at https://attendee.gotowebinar.com/recording/3311445765057734156.
Written comments on the draft 2020 State Plan can be sent to Hannah Somers, Office of Water Supply, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, or via email at hannah.somers@deq.virginia.gov. Commenters must include their name, postal address, telephone number, and email address. Responses to public comment received will be included as an appendix to the final draft of the 2020 State Plan.
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.
Oriden LLC Staunton Project Notice of Intent for Small Renewable Energy Project (Solar) - Halifax County
Oriden LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for the Staunton Project, a small renewable energy project (solar) in Halifax County. The Staunton Project will be located at the intersections of MacDonald and Dryburg Roads, approximately 3.5 miles from the Town of Scottsburg. Latitude and longitude coordinates are: 36.740000, -78.728889. The project's maximum generating capacity will be 47 megawatts alternating current, and the project will be sited on approximately 300 acres of timberland within the fenced area. Current site layout consists of approximately 127,000 photovoltaic modules. The project's point of interconnection is a direct connection into the onsite 115kV Dryburg substation.
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.
Midway Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) - Albemarle County
Midway Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Albemarle County. Midway Solar LLC will be located at approximately 1.5 miles southwest of the Town of Batesville. Latitude and longitude coordinates are: 37.98511, -78.740200. The project's maximum generating capacity will be eight megawatts alternating current and will be paired with a four-megawatt battery system. The project will encompass approximately 80 acres of a single 136-acre parcel. Approximately 35 acres of clearing will be required to construct the project; this clearing will largely be constrained to existing mature timber farm areas.
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.
Waller Solar I LLC Notice of Intent for Small Renewable Energy Project (Solar) - Lancaster County
Waller Solar I LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Lancaster County. The project is located on the east and west sides of State Route 3 between White Chapel Road and the boundary with Richmond County, approximately three miles northwest of the Town of Lancaster in Lancaster County. The project will be constructed on multiple parcels of land totaling approximately 1,200 acres and will use photovoltaic solar modules to deliver up to 131 megawatts of electricity (alternating current) to an existing transmission line. The project is located at 37.795 N, 76.507 W.
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.
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)) - Reimbursement of Pharmacy-Provided Vaccines
The Virginia Department of Medical Assistance Services 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 contact listed at the end of the notice.
The department 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@dmas.virginia.gov 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 Items 313.UUUUU, of Chapter 552, 2021 Acts of Assembly, Special Session I, the department will be making the following changes to Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80)
The state plan is being revised to authorize reimbursement, using a budget neutral methodology, of pharmacy-administered immunizations for all vaccinations covered under the medical benefit for Medicaid members. Reimbursement for fee-for-service members will be the cost of the vaccine plus an administration fee not to exceed $16. Reimbursement for pharmacy-administered vaccinations for pediatric Medicaid members eligible for free vaccinations through the Vaccines for Children program shall include only the administration fee.
The expected increase in annual aggregate expenditures is $6,369 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.
Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - Sick Leave, Overtime, Private Duty Nursing Rate
The Virginia Department of Medical Assistance Services 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 contact listed at the end of this notice.
This notice is available for public review on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm.
In accordance with Items 313.YYYY, ZZZZ, and BBBBBB of Chapter 552 of the 2021 Acts of Assembly, Special Session I, DMAS will be making the following changes to Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80)
1. In accordance with Item 313.YYYY, the State Plan is being revised to increase rates for skilled and private duty nursing services to 80% of the benchmark rate developed by the department.
The expected increase in annual aggregate expenditures is $1,230,321 in state general funds and $1,892,322 in federal funds in federal fiscal year 2021.
2. In accordance with Item 313.ZZZZ, the department will allow qualifying overtime to be paid at 150% of the rate (time and a half) for consumer-directed personal care services provided under the Early and Periodic Diagnostic and Treatment (EPSDT) program.
The total cost for overtime across all coverage categories (including EPSDT) is $5,213,801 in state general funds and $6,009,750 in federal funds in federal fiscal year 2021.
3. In accordance with Item 313.BBBBBB, the department will implement a paid sick leave benefit for qualifying consumer-directed personal care services provided under the EPSDT program.
The total cost for qualifying sick across all coverage categories (including EPSDT) is $678,441 in state general funds and $690,791 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.
Contact Information for the following Department of Medical Assistance Services general notices is provided at the end of the notices.
Draft CCC Plus Waiver Appendix C
The draft CCC Plus Waiver Provider Manual Appendix C is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/.
Draft Early and Periodic Diagnostic and Treatment Provider Manual
The draft EPSDT Private Duty Nursing Services Provider Manual is 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 September 9, 2021.
Draft EPSDT Supplement B Provider Manual
The draft EPSDT Supplement B Provider Manual is 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 September 9, 2021.
Draft Pharmacy Provider Manual
The draft Pharmacy Provider Manual Chapter IV is 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 September 9, 2021.
Draft Pharmacy Provider Manual Appendix D
The draft Pharmacy Provider Manual Appendix D is now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/.
Draft Physician and Practitioner Provider Manual
The draft Physician and Practitioner Provider Manual Chapter IV is 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 September 9, 2021.
Draft Physician and Practitioner Provider Manual
The draft Physician and Practitioner Provider Manual Chapter V is 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 September 3, 2021.
Contact Information for all draft manuals: 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 Forcroft School
An enforcement action has been proposed for Foxcroft School for violations of the State Water Control Law and regulations at 22407 Foxhound Lane in Middleburg, Virginia. The State Water Control Board proposes to issue a consent order to resolve the unauthorized discharge of oil to state waters at Foxcroft School. 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 will accept comments by email or postal mail from August 31, 2021, to September 30, 2021.
Contact Information: Stephanie Bellotti, Department of Environmental Quality, Northern Regional Office, 19301 Crown Court, Woodbridge, VA 22193, or email stephanie.bellotti@deq.virginia.gov.
Proposed Enforcement Action for Henrico County and MEB Haymes Joint Venture LLC
The State Water Control Board proposes to issue a consent special order to Henrico County and MEB Haymes Joint Venture LLC for alleged violation of the State Water Control Law at the Cobbs Creek Reservoir Project located at 1617 Columbia Road, Cumberland County, Virginia. 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 August 30, 2021, to September 30, 2021.
Contact Information: Jeff Reynolds, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, or email jefferson.reynolds@deq.virginia.gov.
Proposed Enforcement Action for King George County Service Authority
An enforcement action has been proposed for the King George County Service Authority for violations of the State Water Control Law and regulations. The State Water Control Board proposes to issue a consent order to resolve violations associated with various wastewater treatment plants and associated sewage pumping stations located in King George County. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov/permits-regulations/public-notices/enforcement-orders. The staff contact will accept comments by email or postal mail from August 31, 2021, to September 30, 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.
Proposed Enforcement Action for Prince George Sewerage and Water Company
The State Water Control Board proposes to issue a consent special order to Prince George Sewerage and Water Company for alleged violation of the State Water Control Law at 16905 Parkdale Road, Petersburg, Virginia. 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 will accept comments by email or postal mail from August 30, 2021, to September 30, 2021.
Contact Information: Jeff Reynolds, Department of Environmental Quality, Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, or email jefferson.reynolds@deq.virginia.gov.
Proposed Enforcement Action for Waterway Materials Recycling LLC
An enforcement action has been proposed for Waterway Materials Recycling LLC for violations of the State Water Control Law and regulations at the Waterway Materials Facility located in Chesapeake, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Waterway Materials Facility. 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 listed will accept comments by email or by postal mail from August 30, 2021, through September 30, 2021.
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.
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.