DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Consent Order for Chaudhry Properties Inc. and Shani Inc.
An enforcement action has been proposed for Chaudhry Properties Inc. and Shani Inc. for violations at Timberlake Citgo, 22539 Timberlake Road, Lynchburg, Virginia. The Virginia Department of Environmental Quality (DEQ) proposes to issue a special order by consent 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 https://www.deq.virginia.gov/permits-regulations/public-notices. DEQ will accept comments from September 26, 2022, to October 26, 2022.
Contact Information: Carla Pool, Adjudication Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 664-3666, or email carla.pool@deq.virginia.gov.
Proposed Consent Order for Herndon Car Wash LLC
An enforcement action has been proposed for Herndon Car Wash LLC for violations at the Flagship Car Wash in Herndon, Virginia. The Virginia Department of Environmental Quality (DEQ) proposes to issue a special order by consent to Herndon Car Wash LLC to address noncompliance with the State Water Control Law, regulations, and VPDES Permit Registration No. VAG750190. A description of the proposed action is available at the DEQ office listed or online at https://www.deq.virginia.gov/permits-regulations/public-notices. DEQ staff will accept comments by email or postal mail from September 26, 2022, through October 26, 2022
Contact Information: Carla Pool, Enforcement Adjudication Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, FAX (804) 698-4178, or email carla.pool@deq.virginia.gov.
Proposed Enforcement Action for the Peninsula Airport Commission
An enforcement action has been proposed for Peninsula Airport Commission for violations of State Water Control Law at Newport News/Williamsburg International Airport, Newport News, Virginia. A description of the proposed action is available at the Virginia Department of Environmental Quality (DEQ) office listed or online at www.deq.virginia.gov. DEQ will accept comments from September 26, 2022, to October 26, 2022.
Contact Information: Thomas Jackson, Enforcement Specialist, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email thomas.jackson@deq.virginia.gov.
Danville BESS 1 Project Notice of Intent for Small Renewable Energy Storage Facility - City of Danville
Doc Brown LLC, which is a wholly owned subsidiary of Delorean Power LLC, the project developer, 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 storage project in the City of Danville.
The project, Danville BESS 1, will be subject to provisions in 9VAC15-100-130 because the rated capacity of the project will be 10.5 megawatts and 24.6 megawatt hours with a disturbance zone of less than 10 acres. The project is located at 864 Monument Street, Danville, Virginia, at coordinates 36.578883, -79.384089. The project is a battery energy storage system comprised of lithium iron phosphate batteries in eight enclosures across an area of approximately 10,000 square feet and has a nameplate capacity of 10.5 megawatts and 24.6 megawatt hours. Each enclosure contains battery cells grouped in modules, trays, and racks along with control, fire protection, and HVAC systems that keep the batteries within safe operating limits. Battery output is connected to the Danville distribution network via power conversion equipment and a set of transformers, switchgear, and underground cabling. Site interconnection is derived from two independent existing overhead 12.47-kilovolt 556 aluminum-conductor steel-reinforced cable circuits that run parallel to Industrial Avenue in Danville. The site maintains two points of interconnection to ensure adequate power flow but will be operated as a single project. The primary entrance for the facility is inside the secured perimeter of the Danville Utilities, 864 Monument Street, Danville, Virginia.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
Scout Energy Storage Facility Project Notice of Intent for Small Renewable Energy Storage Facility - Accomack County
Jupiter Power LLC on behalf of Scout Storage 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 storage project in Accomack County, Virginia.
The project, Scout Energy Storage Facility, will be subject to provision 9VAC15-100-130 B because the facility will have a disturbance zone less than 10 acres. The project consists of an up-to-80-megawatt utility-scale battery energy storage facility located near the intersection of Chincoteague Road (State Route 175) and Fleming Road (State Route 679) in Wattsville, Virginia, on approximately 11.6 acres. Centroid latitude and longitude coordinates are 37.9334765, -75.5015257.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
VA Cox Cartersville (Ampthill Road) Solar Project Notice of Intent for Small Renewable Energy Project (Solar) - Cumberland County
VA Cox Cartersville (Ampthill Road) Solar Project has provided the Department of Environmental Quality a notice of intent to submit the necessary documents for a permit by rule for a small renewable energy project (solar) in Cumberland County. VA Cox Cartersville (Ampthill Road) Solar Project will be located approximately 1.5 miles west of Cartersville, Virginia. Latitude and longitude coordinates are 37.67067, -78.121102. The proposed project is an approximately 16-megawatt alternative current photovoltaic (PV) ground-mounted solar facility. The footprint area of the project is approximately 80 acres. The solar array is comprised of solar PV modules (estimated at 39,960 modules) attached to a fixed tilt racking system that is anchored by a series of pile driven posts.
Contact Information: Susan Tripp, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 664-3470, or email susan.tripp@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
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) 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 Building Independence (BI) Waiver.
The 1915(c) HCBS Waiver amended applications can be located at https://dmas.virginia.gov/for-providers/long-term-care/waivers/.
In 2021, general assembly budget language directed DMAS to review options for allowing continued permanent use of telehealth platforms in service delivery. Stakeholder groups were held in April and May 2021. The services that DMAS believed could include a telehealth component were divided into three implementation phases based on their difficulty to operationalize ongoing telehealth or because additional research was needed.
Proposed amendment services for phase one are included for current review and involve (i) benefits planning services; (ii) community engagement services; (iii) community guide services; (iv) individual and family/caregiver training; (v) independent living support services; (vi) in-home support services; (vii) peer mentor services; (viii) services facilitation; and (ix) therapeutic consultation services.
Additional changes to the waivers include increasing the maximum percentage in which community guide providers can perform activities that do not interact with the waiver individual and, pursuant to the 2020 General Assembly, reducing the minimum number of hours needed to work to four in order to earn the special earnings allowance deduction on patient pay.
Instructions for public comment submissions:
1. Comments may be submitted through the Virginia Regulatory Town Hall public comment forum.
2. Comments may be sent within an email or placed within a Microsoft Word document to ddwaiver@dmas.virginia.gov.
3. Comments may be sent via U.S. postal mail to:
Department of Medicaid Assistance Services
ATTN: Donna Boyce, Senior Program Advisor, Division of High Needs Supports
600 East Broad Street, Suite 1300
Richmond, VA 23219
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.
Draft Developmental Disabilities Waiver Provider Manual
The draft Developmental Disabilities Waiver Provider Manual Chapters II, IV, and Appendix D 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 September 28, 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.
Draft Eligibility Manual
Please see the full text of updates effective October 1, 2022, to the Eligibility Manual at https://www.dmas.virginia.gov/for-applicants/eligibility-guidance/broadcasts-and-transmittals/.
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.
Draft Physician or Practitioner Provider Manual
The draft Physician or Practitioner Manual Chapters IV and V 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/.
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.
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.