STATE AIR POLLUTION CONTROL BOARD
Opportunity for Public Comment on a Permit to Limit Air Pollution Emitted by a Facility in Alleghany County, Virginia
Purpose of notice: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a permit to limit air pollution emitted by a facility in Alleghany County, Virginia. The Commonwealth intends to submit the permit as a revision to the Commonwealth State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA).
Public comment period: July 31, 2023, through August 30, 2023.
Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed in 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.
Permit name: State operating permit issued by DEQ.
Name, address, and registration number: WestRock Virginia LLC - Covington, 104 East Riverside Street, Covington, VA 24426; Registration No. 20328.
Description of proposal: The proposed revision consists of a permit to control emissions of sulfur dioxide (SO2) to the atmosphere from the listed facility.
The proposed revision will consist of a determination of reasonable progress for the control of emissions of SO2 to the atmosphere from the WestRock Virginia LLC - Covington facility. The reasonable progress determination is being made pursuant to 40 CFR 51.208(d) and to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80, Permits for Stationary Sources. Reasonable progress for SO2 emissions from the WestRock Virginia - LLC Covington facility has been determined to be a decrease in emission limit to 1,359 tons per year of SO2 emissions from the WestRock Virginia LLC - Covington facility as a whole. No emissions increases are anticipated as a result of this project.
A state operating permit is to be issued as the administrative mechanism to ensure compliance with reasonable progress requirements. The permit is being issued pursuant to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80, Permits for Stationary Sources, and is federally enforceable upon issuance. The permit will establish emission limits for control of SO2.
Federal information: This notice is also being given to satisfy the public participation requirements of 40 CFR 51.102. The permit will be submitted as a revision to the Commonwealth SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.
Consultation with federal land managers (FLMs): As provided in 40 CFR 51.302(b)(2), the FLMs were given the opportunity to comment on this permit on January 5, 2023. Comments were received by March 6, 2023. DEQ's response to the FLM comments can be found in § XI.B of the engineering analysis for this state operating permit.
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 by the last day of the comment period. All faxes must have a cover page that lists the intended recipient. All materials received are part of the public record.
To review proposal: The proposal is available on the DEQ Air Public Notices website at https://www.deq.virginia.gov/permits/public-notices/air.The proposal may also be obtained by contacting the DEQ representative listed in this notice. The public may make an appointment to review the proposal between 8:30 a.m. and 4:30 p.m. of each business day until the close of the comment period at the following DEQ locations:
Main Street Office, Suite 1400, 1111 East Main Street, Richmond, VA, telephone (804) 698-4070; and
Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 562-6700.
Contact the agency staff listed for public comments, document requests, and additional information.
Contact Information: Erin Rau, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 759-9501, FAX (804) 698-4178, or email erin.rau@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Prairie Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) - Isle of Wight County
Prairie Solar LLC 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 Isle of Wight County, Virginia. The project name is Prairie Solar. The project number is RE0000291. The proposed project is located in Windsor, Virginia, west of Longview Drive (Route 602) on six adjoining parcels totaling approximately 432.87 acres. The centroid coordinates are 36.875105°, -76.618221°. The project will have up to a rated capacity of 20 megawatts alternating current and use approximately 62,100 photovoltaic solar panels. The project developer is Energix Renewables.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Richmond, VA 23219, telephone (804) 774-8474.
Proposed Enforcement Action for Concept Developments Inc.
An enforcement action has been proposed for Concept Developments Inc. for violations of State Water Control Law and regulations at the Southpoint Business Park Lot 12 located in Prince George County, Virginia. The proposed order is available from the Department of Environment Quality contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The staff contact will accept written comments from July 31, 2023, to August 31, 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 Action for Town of Edinburg
Department of Environment Quality (DEQ) proposes to issue an order amendment to the Town of Edinburg for the Edinburg sewage treatment plant, which includes injunctive relief for a proposed upgrade of the facility. The proposed order amendment is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept written comments from July 31, 2023, through August 29, 2023.
Contact Information: Francesca Wright, Enforcement Specialist, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, FAX (804) 698-4178, or email francesca.wright@deq.virginia.gov.
Proposed Enforcement Action for Hampton Roads Connector Partners
An enforcement action has been proposed for Hampton Roads Connector Partners for violations of State Water Control Law in Norfolk, Virginia. A description of the proposed action is available at the Department of Environment Quality office listed or online at www.deq.virginia.gov.
Contact Information: Russell Deppe, Enforcement Specialist, Department of Environment Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, FAX (804) 698-4178, or email russell.deppe@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)) - Nursing Facility Value-Based Purchasing Program
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 for Long-Term Care (12VAC30-90).
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 Meredith Lee, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or via email at meredith.lee@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 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.
In accordance with Item 304.OOO of Chapter 2 of the 2022 Acts of Assembly, Special Session I, DMAS revised the state plan in 2023 to establish a unified, value-based purchasing (VBP) program that includes enhanced funding for facilities that meet or exceed performance or improvement thresholds as developed, reported, and consistently measured by DMAS in cooperation with participating facilities. During the first year of this program, half of the available funding was distributed to participating nursing facilities to be invested in functions, staffing, and other efforts necessary to build the participating nursing facilities' capacity to enhance the quality of care furnished to Medicaid members. This funding was administered as a Medicaid rate add-on. The remaining funding was allocated based on performance criteria as designated under the nursing facility VBP program.
Pursuant to Item 304.OOO of Chapter 2 of the 2022 Acts of Assembly, Special Session I, the state plan is being revised again to reflect the second year of the nursing facility VBP program. The amount of funding devoted to nursing facility quality of care investments shall be 25% of available funding in the second year of the program before the program transitions to payments based solely on nursing facility performance criteria in the third year of the program.
The department shall convene the stakeholders no less than annually through at least the first two years of the program to review program progress and discuss potential modifications to components of the arrangement, including, but not limited to, timing of enhanced payments, performance metrics, and threshold determinations.
Complete details, including technical information regarding program eligibility, performance measures, performance thresholds, and payments, are available on the DMAS website at https://www.dmas.virginia.gov/about-us/value-based-purchasing/ and will be effective beginning July 1, 2023.
The expected increase in annual aggregate expenditures is $162,558 in state general funds, $418 in special funds, and $188,179 in federal funds in federal fiscal year 2023, and $3,026,007 in state general funds, $1,671 in special funds, and $3,240,471 in federal funds in federal fiscal year 2024.
Contact Information: Meredith Lee, Supervisor, Policy, Regulation, and Member Engagement Division, 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.
Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - Targeted Case Management for Individuals with Traumatic Brain Injury
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 Meredith Lee, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, or via email at meredith.lee@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 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.
In accordance with Chapter 11 of the 2022 Acts of Assembly and Chapter 2 of the 2022 Acts of Assembly, Special Session I, DMAS is revising the state plan to include a provision for the payment of targeted case management for individuals with severe brain injury.
The expected increase in annual aggregate expenditures is $1,964 in state general funds and $3,719 in federal funds in federal fiscal year 2023, and $170,657 in state general funds and $306,754 in federal funds in federal fiscal year 2024.
Contact Information: Meredith Lee, Policy, Supervisor, Policy, Regulation, and Member Engagement Division, 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 Chapter III of All Provider Manuals Available for Review
The draft Chapter III of all Provider Manuals 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, Supervisor, Policy, Regulation, and Member Engagement Division, 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 Transportation Provider Manual Chapter IV Available for Review
The draft Transportation 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/.
Contact Information: Meredith Lee, Policy, Supervisor, Policy, Regulation, and Member Engagement Division, 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.