DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Mr. Gurcharan Lail
An enforcement action has been proposed for Mr. Gurcharan Lail for violations of State Water Control Law and regulations and applicable permit at the One Stop Trailer Park facility located in Leesburg, Virginia. The proposed consent order is available from the DEQ contact or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept written comments from November 7, 2023, to December 7, 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 Amherst County Service Authority
An enforcement action has been proposed for Amherst County Service Authority (ACSA) for violations in Amherst County, Virginia. The Virginia Department of Environmental Quality (DEQ) proposes to issue a special order by consent to ACSA to address noncompliance with the State Water Control Law and regulations. Descriptions of the proposed actions are available at the Department of Environmental Quality office listed or online at http://www.deq.virginia.gov. Comments will be accepted from November 6, 2023, to December 6, 2023.
Contact Information: Timothy Fletcher, 901 Russell Drive, Salem, VA 24153, telephone (540) 524-0665, or email timothy.fletcher@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Intent to Amend Pursuant to §1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) the Virginia State Plan for Medical Assistance - Emergency Room Charges
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 contact listed at the end of this 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 the contact listed at the end of this notice, and such comments are available for review at the same address. Comments may also be submitted, in writing, on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/L/generalnotice.cfm.
Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80)
Item 313.AAAAA of the 2020 Appropriations Act required DMAS to allow the pending, reviewing, and the reducing of fees for avoidable emergency room claims for codes 99282, 99283, and 99284, both physician and facility. DMAS utilized the avoidable emergency room diagnosis code list currently used for managed care organization (MCO) clinical efficiency rate adjustments. If the emergency room claim was identified as a preventable emergency room diagnosis, DMAS directed the MCO to default to the payment amount for code 99281, commensurate with the acuity of the visit. This also applied to fee-for-service.
However, pursuant to a federal court order, dated April 27, 2023, (Va. Hosp. & Healthcare Assoc. et al. v. Roberts et al., No. 3:20-cv-00587-HEH), DMAS must repeal or remove the state plan language that fulfilled the 2020 General Assembly mandate and can no longer enforce the fee adjustments for avoidable emergency room claims for codes 99282, 99283, and 99284, for both physicians and facilities.
The expected increase in annual aggregate expenditures is $62,024 in state general funds, $8,251 in special funds, and $141,666 in federal funds in federal fiscal year 2024 and $62,024 in state general funds, $8,251 in special funds, and $141,666 in federal funds in federal fiscal year 2025.
Contact Information: Jimeequa Williams, Department of Medical Assistance Services, 600 Broad Street, Suite 1300, Richmond, VA 23219, or by email at jimeequa.williams@dmas.virginia.gov.
BOARD OF PHARMACY
Scheduling Chemicals in Schedule I pursuant to § 54.1-3443 of the Code of Virginia
Pursuant to subsection D of § 54.1-3443 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 public hearing will be conducted at 9:05 a.m. on December 6, 2023. Instructions will be included in the agenda for the board meeting, also on December 6. Public comment may also be submitted electronically or in writing prior to December 6, 2023, to Caroline Juran, Executive Director, Board of Pharmacy, at caroline.juran@dhp.virginia.gov.
Pursuant to subsection D of § 54.1-3443 of the Code of Virginia, the Virginia Department of Forensic Science (DFS) has identified two compounds for recommended inclusion into the Code of Virginia.
Based on their chemical structures, the following compounds are 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-(3,5-Dimethoxy-4-propoxyphenyl)-2-propanamine (other names: 4-propoxy-3,5-DMA; 3C-P; 1-(3,5-Dimethoxy-4-propoxyphenyl)propan-2-amine), 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.
2-(5-methoxy-1H-indol-3-yl)ethanamine (other names: 5-methoxytryptamine, 5-MeOT), 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.
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, or email caroline.juran@dhp.virginia.gov.
STATE WATER CONTROL BOARD
Public Comment Period Extension - Sewage Collection and Treatment Regulations (9VAC25-790)
The 30-day public comment period on the Notice of Intended Regulatory Action (NOIRA) for the Sewage Collection and Treatment Regulations (9VAC25-790) began September 11, 2023, and ended on October 11, 2023. The public comment period is being extended until December 6, 2023.The NOIRA was published in Volume 40, Issue 2, VA.R. 68, on September 11, 2023.
Comments were to be submitted to the agency by postal mail, through the Virginia Regulatory Town Hall public comment forum, or by email to Scott Van Der Hyde at scott.vanderhyde@deq.virginia.gov. This email address did not accept email messages for a portion of the comment period that ended October 11, 2023. If a commenter submitted or attempted to submit comments to the agency using scott.vanderhyde@deq.virginia.gov before October 11, 2023, please resubmit these comments by postal mail, the Virginia Regulatory Town Hall public comment forum, or email to the individual listed at the end of this notice prior to December 6, 2023, to ensure that the comment has been received. DEQ will consider all comments on the NOIRA that are received between September 11, 2023, and December 6, 2023.
The intent of this regulatory action is to require reporting by wastewater utilities of all septic systems (or other onsite sewage disposal systems) taken offline and connected to sewage collection systems. The goal of this new regulatory requirement is to ensure a more accurate count of nutrient reductions resulting from septic systems connected to sewer, which will assist with tracking the Commonwealth's progress toward water quality goals, including Chesapeake Bay watershed restoration goals. Further information on this regulatory action is available on the Virginia Regulatory Town Hall website at https://townhall.virginia.gov/L/ ViewAction.cfm?actionid=6231.
How to comment: Comments may be provided on the Virginia Regulatory Town Hall website's comment forum. Additionally, DEQ accepts written comments by hand-delivery, email, or postal mail. Comments shall include the full name, address, and telephone number of the person commenting and be received by DEQ by 11:59 p.m. on the last day of the comment period.
Contact Information: Erica Duncan, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, 23218, telephone (804) 337- 5407, or email erica.duncan@deq.virginia.gov.
Extension of Public Comment Opportunity - General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880)
The 60-day public comment period on the proposed General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880) began August 14, 2023, and was scheduled to end October 13, 2023. The public comment period is being extended until December 6, 2023. The proposed regulation was published in Volume 39, Issue 26, VA.R. 2858, on August 14, 2023.
Comments were to be submitted to the agency by postal mail, through the Virginia Regulatory Town Hall public comment forum, or by email to Scott Van Der Hyde at scott.vanderhyde@deq.virginia.gov. This email address did not accept email messages for a portion of the comment period. If a commenter submitted or attempted to submit comments to the agency using scott.vanderhyde@deq.virginia.gov before October 13, 2023, please resubmit these comments by postal mail, the Virginia Regulatory Town Hall public comment forum, or by email to the individual listed at the end of this notice prior to December 6, 2023, to ensure that the comment has been received. DEQ will consider all comments on the proposed regulation that are received between August 14, 2023, and December 6, 2023.
The General VPDES Permit for Discharges of Stormwater from Construction Activities (9VAC25-880) authorizes the discharge of stormwater from construction activities equal to or greater than one acre of land disturbance or less than one acre of land disturbance within a larger common plan of development or sale. This regulatory action is needed in order for existing and new construction activities to be covered under this general permit regulation. Further information on this regulatory action is available on the Virginia Regulatory Town Hall website at https://townhall.virginia.gov/L/ViewAction.cfm?actionid=5921.
How to comment: Comments may be provided on the Virginia Regulatory Town Hall website's comment forum. Additionally, DEQ accepts written comments by hand-delivery, email, or postal mail. Comments shall include the full name, address, and telephone number of the person commenting and be received by DEQ by 11:59 p.m. on the last day of the comment period.
Contact Information: Rebeccah W. Rochet, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, 23218, telephone (804) 801-2950, or email rebeccah.rochet@deq.virginia.gov.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North Ninth Street, 4th 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.