STATE WATER CONTROL BOARD
Public Meeting and Public Comment Opportunity for a Cleanup Study of Crooked Run, Stony Creek, and Pughs Run in Shenandoah County
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup study, also known as a total maximum daily load (TDML) report, for Crooked Run, Stony Creek, and Pughs Run in Shenandoah County. These streams are listed as impaired waters and require a cleanup study since monitoring data indicates that the waters do not meet Virginia's water quality standards for aquatic life (benthic impairment). Section 303(d) of the federal Clean Water Act and § 62.1-44.19:7 C of the State Water Control Law requires DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. A component of a cleanup study is the wasteload allocation (WLA); therefore, this notice is provided pursuant to § 2.2-4006 A 14 of the Code of Virginia for any future adoption of the WLA into the Water Quality Management Planning Regulation (9VAC25-720) after completion of the study. The adoption of the WLA may require new or additional requirements for entities holding a Virginia Pollutant Discharge Elimination System (VPDES) Permit in these watersheds.
At the meeting, DEQ will introduce the community to the process used in Virginia to improve stream water quality and invite the public to participate in the study by attending community engagement meetings or through a TMDL advisory group (TAG).
Cleanup study location: The cleanup study addresses the following impaired stream segments: Crooked Run stream segment, located in Shenandoah County, is 4.08 miles long and begins at the headwaters of Crooked Run and continues to its confluence with the Mill Creek. Stony Creek stream segment, located in Shenandoah County, is 9.29 miles long and begins at its confluence with Yellow Spring Run and continues to the confluence with the North Fork Shenandoah River. Pughs Run stream segment, also located in Shenandoah County, is 7.00 miles long and begins at the headwaters extending to the confluence with the North Fork Shenandoah River.
TMDL advisory group (TAG): DEQ invites public comment on the establishment of a TAG to assist in development of this cleanup study. A TAG is a standing group of interested parties established by the department for the purpose of advising the department during development of the cleanup study. Any member of the public may attend and observe proceedings. However, only group members who have been invited by the department to serve on the TAG may actively participate in the group's discussions. Persons requesting the department use a TAG or interested in participating should notify the DEQ contact person listed at the end of this notice. Contact the department by the end of the comment period. A person requesting use of a TAG or to be a member of the TAG must provide their name, address, telephone number, email address, and organization being represented (if any). If DEQ convenes a TAG, each individual who wishes to participate on the TAG will be considered on a case-by-case basis. TAG members will be expected to attend all TAG meetings. Notification of the composition of the panel will be sent to all individuals who request participation.
If DEQ receives no requests to establish a TAG, the department will not establish a standing group but will still solicit public feedback by conducting community engagement meetings during cleanup study development. At these community meetings, which are open to the public and at which any person may participate, DEQ will present its progress on the cleanup study and solicit feedback.
Public meeting: The first public meeting on the development of the cleanup study will be held at the Shenandoah County Public Library, 514 Stoney Creek Boulevard, Edinburg, VA 22824, on June 18, 2024, at 5:30 p.m. In the event of inclement weather, the meeting will be held on June 20, 2024, at the same time and location.
Public comment period: June 18, 2024, to July 18, 2024.
How to comment: DEQ accepts written comments by email or postal mail. All comments must be received by DEQ during the comment period. Submittals must include the name, organization represented (if any), mailing address, and telephone number of the commenter or requestor.
Contact Information: Nesha McRae, Valley Regional Office, Department of Environmental Quality, 4411 Early Road, Harrisonburg, Virginia 24401, telephone (540) 217-7173, or email nesha.mcrae@deq.virginia.gov.
Proposed Enforcement Action for the Carroll County Public Service Authority
The Virginia Department of Environmental Quality (DEQ) is proposing an amended enforcement action for the Carroll County Public Service Authority for violations of the State Water Control Law and regulations at the I-77 Exit 1 wastewater treatment plant in Carroll County. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from June 3, 2024, through July 3, 2024.
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.
STATE CORPORATION COMMISSION
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. INS-2024-00014
Ex Parte: In the matter of
Rules Governing Balance
ORDER FOR NOTICE AND COMMENT
In 2020, the Virginia General Assembly enacted §§ 38.2-3445.01 through 38.2-3445.07 of the Code of Virginia (Balance Billing Act). The Balance Billing Act prohibits balance billing for certain services, establishing that when an enrollee receives emergency services from an out-of-network health care provider or receives out-of-network surgical or ancillary services at an in-network facility, the enrollee is not required to pay the out-of-network provider any amount that exceeds the applicable in-network cost-sharing requirement specified in the enrollee's health plan contract. The Balance Billing Act also, among other things, directs insurance carriers and providers to negotiate in good faith for payment of a commercially reasonable amount for relevant services and establishes certain arbitration proceedings for addressing disputes regarding claims payment amounts. However, the Balance Billing Act provides that "no carrier or provider shall initiate arbitration with such frequency as to indicate a general business practice."1
The Bureau of Insurance (bureau) seeks public comment on Virginia's regulations governing balance billing procedures and the balance billing arbitration process under the Balance Billing Act. Effective January 1, 2021, the State Corporation Commission (commission) adopted regulations entitled "Rules Governing Balance Billing for Out-of-Network Health Care Services" (Rules) at 14VAC5-405 of the Virginia Administrative Code to implement the Balance Billing Act. The Rules set forth procedures that address balance billing and the use of arbitration between health carriers and out-of-network providers. Additionally, on November 22, 2021, the bureau issued Administrative Letter 2021-04 addressing issues relating to the Balance Billing Act's prohibition against using arbitration as a general business practice and the requirements that providers and carriers negotiate in good faith regarding the applicable commercially reasonable payment prior to filing an arbitration request.
Following several years of experience after arbitration filings and decisions began in 2021, the Bureau is seeking public comment on the Rules as well as the practices, procedures, and implementation of the Balance Billing Act. In particular, the bureau is interested in receiving comments regarding the "general business practice" standard identified in § 38.2-3445.05 D of the Balance Billing Act and, specifically, what a "general business practice" is, how it may be further clarified or defined; what other standards or compliance measures can be used to determine that arbitration requests are not being filed "with such frequency as to indicate a general business practice;" and what standards or measurements the bureau could use to monitor and assess a party's compliance with good faith negotiation requirements. Additionally, the bureau is seeking public comment to determine the impact of a series of arbitration outcomes on what is considered a commercially reasonable payment amount.
Now the commission directs the bureau to receive public comment on the Rules, including the definition and application of "general business practice" under the Balance Billing Act, the standards or measurements that the bureau could use to monitor and assess a party's compliance with good faith negotiation requirements, and whether it would be appropriate for carriers to pay an adjusted commercially reasonable amount based on a series of arbitration outcomes.
Accordingly, it is ordered that:
(1) This matter is docketed and assigned Case No. INS-2024-00014 for purposes of receiving input from the public and Life & Health interested persons in this matter.
(2) All persons who desire to provide comments on the Rules may file such comments on or before July 5, 2024, with the Clerk of the Commission, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, VA 23218; or may submit comments electronically by following the instructions on the Commission's website at https://scc.virginia.gov/casecomments/Submit-Public-Comments. All comments shall refer to Case No. INS-2024-00014.
(3) The commission's Division of Information Resources is directed to post this Order on the Commission's website at https://scc.virginia.gov/pages/Case-Information.
(4) The bureau shall provide notice of this order to all carriers licensed in Virginia to write accident and sickness insurance and to all Life & Health interested persons.
(5) The commission's Office of General Counsel shall forward a copy of this order to the Registrar of Regulations for appropriate publication in the Virginia Register of Regulations.
(6) The bureau shall file with the Clerk of the Commission a certificate of compliance with the notice requirements of ordering paragraph (4).
(7) This matter is continued.
A copy hereof shall be sent by the Clerk of the Commission to: C. Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 202 North Ninth Street, Eighth Floor, Richmond, VA 23219-3424 at mbrowder@oag.state.va.us; and a copy hereof shall be delivered to the commission's Office of General Counsel and to the Bureau of Insurance in care of Deputy Commissioner Julie S. Blauvelt.
Contact Information: Andy Farmer, Director, Division of Information Resources, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9928, or email andy.farmer@scc.virginia.gov.
1Section 38.2-3445.05 D of the Code of Virginia.
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.