DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
2024 Annual Report on the Agricultural Stewardship Act
The Commissioner of Agriculture and Consumer Services announces the availability of the annual report on the Agricultural Stewardship Act for the program year April 1, 2023, through March 31, 2024. Copies of the report are available without charge. Email or send a written request to the email or physical address listed in this notice or request via telephone using the number provided.
Contact Information: Nicolas Robichaud, Policy Assistant, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3538, or email nicolas.robichaud@vdacs.virginia.gov.
DEPARTMENT OF ENERGY
Opportunity for Public Comment on Incentives for Shared Solar Projects
Pursuant to Chapters 715, 716, 763, and 765 of the 2024 General Assembly session, the Department of Energy is preparing a report on potential incentives for shared solar projects that make use of rooftops, brownfields, landfills, or dual-use agriculture or that meet the definition of another category established by the department.
The department will be taking public comments on the subject of shared solar incentives through September 27, 2024. Commenters may submit comments on the Virginia Regulatory Town Hall at https://townhall.virginia.gov/l/comments.cfm?GeneralNoticeid=2927.
Contact Information: Aaron Berryhill, Solar Program Manager, Department of Energy, 1100 Bank Street, Eighth Floor, Richmond, VA 23219-3402, telephone (804) 486-2754, FAX (804) 692-3237, or email aaron.berryhill@energy.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Bell Terrace Developers LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Bell Terrace Developers LLC for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations at the Wood Road Subdivision, Lynchburg, Virginia. The proposed order is available at the DEQ office listed or online at www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from September 23, 2024, through October 23, 2024.
Contact Information: Michael Puckett, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.
Proposed Enforcement Action for Constructure Trison JV LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Constructure Trison JV LLC for violations of State Water Control Law and regulations and applicable permit at the U.S. Fish and Wildlife Service Multipurpose Building, Woodbridge, Virginia. 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 written comments from September 23, 2024, to October 23, 2024.
Contact Information: Holly Shupe, Enforcement Specialist, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6923, or email holly.shupe@deq.virginia.gov.
Proposed Enforcement Action for Eagle Sky Industrial Park LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Eagle Sky Industrial Park LLC for violations of State Water Control Law and regulations in Front Royal, Virginia. The proposed order 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 September 23, 2024, to October 22, 2024.
Contact Information: Francesca Wright, Senior Enforcement Specialist, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, or email francesca.wright@deq.virginia.gov.
Proposed Enforcement Action for Erwin Construction Inc.
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Erwin Construction Inc. for violations of State Water Control Law and regulations in Harrisonburg, Virginia. The proposed order 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 September 23, 2024, to October 22, 2024.
Contact Information: Francesca Wright, Senior Enforcement Specialist, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, or email francesca.wright@deq.virginia.gov.
Proposed Enforcement Action for Moore Excavation
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Moore Excavation for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations at Stonegate Subdivision Section 3, Fincastle, Virginia. The proposed order is available at the DEQ office listed or online at https://www.deq.virginia.gov/permits/public-notices/enforcement-orders. The DEQ contact will accept comments by email or postal mail from September 23, 2024, through October 23, 2024.
Contact Information: Michael Puckett, Enforcement Specialist, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 577-6719, or email michael.puckett@deq.virginia.gov.
Proposed Enforcement Action for R and R Enterprises LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for R and R Enterprises LLC for violations of the State Water Control Law and regulations in Carroll County, Virginia. 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 September 23, 2024, through October 23, 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.
Proposed Enforcement Action for Sunshine Holdings LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Sunshine Holdings LLC for violations of State Water Control Law and regulations in Rockingham County, Virginia. The proposed order 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 September 23, 2024, to October 22, 2024.
Contact Information: Francesca Wright, Senior Enforcement Specialist, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, or email francesca.wright@deq.virginia.gov.
Proposed Enforcement Action for TC Development LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for TC Development LLC for violations of the State Water Control Law and regulations in Powhatan County, Virginia. 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 September 23, 2024, through October 23, 2024.
Contact Information: Matt Richardson, Enforcement Specialist, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 659-2696, or email matthew.richardson@deq.virginia.gov.
Proposed Enforcement Action for Tricord Incorporated
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Tricord Incorporated for violations of the State Water Control Law and regulations in Locust Grove, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices. The DEQ contact will accept comments by email or postal mail from September 24, 2024, through October 24, 2024.
Contact Information: Katherine Mann, Enforcement Specialist, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, telephone (571) 866-6095, or email katherine.mann@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Plan for the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch in Franklin, Pittsylvania, and Bedford Counties
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), for the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch in Franklin, Pittsylvania, and Bedford Counties, Virginia. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards for bacteria and aquatic life (benthic). Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.
DEQ has developed a cleanup plan that identifies corrective actions needed to improve water quality and discusses the associated costs and environmental benefits of the actions in the Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch watershed. A summary of the plan will be presented at the final public meeting. Citizens are invited to provide comment on the plan and will learn how they can be part of implementing the plan to improve water quality in the watershed. Community engagement meetings to assist in development of this cleanup plan were convened on April 18, 2024, and June 25, 2024.
Cleanup Plan Location: The cleanup plan addresses the following impaired stream segments: Pigg River, Beaverdam Creek, Fryingpan Creek, and Poplar Branch. The impaired section of the Pigg River is listed for a recreational use impairment (E. coli) in three different segments (1.48 mi, 1.01 mi, and 1.94 mi). The impairment for Beaverdam Creek has two segments of recreational use impairments (4.98 mi and 5.35 mi). Fryingpan Creek is impaired from its headwaters downstream to about 0.85 miles downstream of the Route 40 crossing. Approximately 2.56 miles on Fryingpan Creek are impaired for aquatic life use, and a downstream portion is also impaired for E. coli. Poplar Branch is also impaired for the recreational use standard (E. coli) from its headwaters downstream to about 2.56 miles.
Public Meeting: Franklin County Public Library, 355 Franklin Street, Rocky Mount, VA 24151 on September 26, 2024, at 4:30 p.m. In the event of inclement weather, the meeting will be held on October 3, 2024, at the same time and location.
Public Comment Period: September 26, 2024, to October 28, 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 addresses, and telephone numbers of the commenter or requester.
Information about this plan will be posted throughout the development process at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development.
Contact Information: Kimberly Romero, Nonpoint Source Coordinator, Department of Environmental Quality, Blue Ridge Regional Office, 901 Russell Drive, Salem, VA 24153, telephone (540) 759-9075, or email kimberly.romero@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment for a Cleanup Plan for Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin in Orange, Culpeper, and Spotsylvania Counties
Purpose of Notice: The Department of Environmental Quality (DEQ) seeks public comment on the development of a cleanup plan for impaired waters, also known as an implementation plan (IP), for Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin in Orange, Culpeper, and Spotsylvania Counties, Virginia. These streams are listed as impaired since monitoring data indicates that the waters do not meet Virginia's water quality standards due to an exceedance in E. coli. Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop cleanup studies to address pollutants responsible for causing waters to be on Virginia's § 303(d) list of impaired waters. Once a cleanup study is developed, § 62.1-44.19:7 of the Code of Virginia outlines the requirements needed in a cleanup plan to address the pollutants contained in the study.
A cleanup plan has been completed for Cedar Run, Mine Run, Mountain Run, and the Lower Rapidan River Basin that identifies corrective actions needed to improve water quality and discusses the associated costs and environmental benefits of the actions. A summary of the plan will be presented at the meeting. Citizens are invited to provide comment on the plan and will learn how to be part of implementing the plan to improve water quality in the watershed. Community engagement meetings to assist in development of this cleanup plan were convened on April 12, 2024, and June 27, 2024.
Cleanup Plan Location: The cleanup plan addresses the following impaired stream segments for bacteria impairments:
Black Walnut Run, which begins at the Route 621 crossing and continues downstream until the confluence with Mine Run (6.48 mi.);
Brook Run, which begins at the confluence with an unnamed tributary to Brook Run at Route 647 and continues downstream until the confluence with the Rapidan River (2.51 mi.);
Cabin Branch, which begins at the perennial headwaters of Cabin Branch and continues downstream to the confluence with Cedar Run (3.19 mi.);
Cedar Run, which begins at the confluence with Buck Run and continues downstream until the confluence with Cabin Branch (3.54 mi.);
Cedar Run, which begins at the confluence with Cabin Branch and continues downstream until the confluence with the Rapidan River (2.26 mi.);
Mine Run, which begins at the confluence with Cormack Run, approximately 0.6 rivermiles upstream of Route 20, and continues downstream until the confluence with the Rapidan River (10.50 mi.);
Mountain Run, which begins at the headwaters of Mountain Run and continues downstream until the confluence with Mill Run (7.46 mi.);
Mountain Run, which begins at the confluence with Mill Run, approximately 0.25 rivermiles downstream of Route 617, and continues downstream until the confluence with Mine Run (10.11 mi.);
Potato Run, which begins at the headwaters of Potato Run and continues downstream until the confluence with the Rapidan River (6.84 mi.);
Rapidan River, which begins at the confluence with the Robinson River and continues downstream until the confluence with an unnamed tributary to the Rapidan River at rivermile 36.6 (3.40 mi.);
Rapidan River, which begins at the confluence with an unnamed tributary to the Rapidan River at rivermile 34.5, approximately 0.6 rivermiles downstream from Route 689, and continues downstream until the confluence with Cedar Run (4.66 mi.);
Rapidan River, which begins at the boundary of the public water supply area, approximately 1.17 rivermiles upstream from the Route 3 crossing, and continues downstream to the confluence with Lick Branch (3.41 mi.);
Sumerduck Run, which begins at the confluence with Dry Run and continues downstream until the confluence with the Rapidan River (6.21 mi.); and
Wilderness Run, which begins at the confluence of North Wilderness Run and South Wilderness Run and continues downstream until the confluence with the Rapidan River (5.56 mi.).
Public Meeting: George Washington Carver Agricultural Research Center, 9432 North James Madison Highway, Rapidan, VA 22733 on October 3, 2024, at 6:00 p.m. In the event of inclement weather, the meeting will be held on October 8, 2024, at the same time and location.
Public Comment Period: October 3, 2024, to November 4, 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 addresses, and telephone numbers of the commenter or requester.
Information about this plan will be posted throughout the development process at https://www.deq.virginia.gov/our-programs/water/water-quality/implementation/implementation-plans-under-development.
Contact Information: Kaitlin King, Nonpoint Source Coordinator, Department of Environmental Quality, Central Office, 1111 East Main Street, Suite 1400, Richmond, VA 23219, telephone (804) 338-2430, or email kaitlin.king@deq.virginia.gov.
Opportunity for Public Comment on Proposed State Implementation Air Quality Plan Revision
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a 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). The Commonwealth intends to submit the regulation amendments to EPA as a revision to the plan in accordance with the requirements of § 110(a) of the federal Clean Air Act.
Provisions affected: The regulation of the board affected by this action is 9VAC5-40 (Existing Stationary Sources), Regulation Revision B23.
Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the plan.
Public comment period: September 23, 2024, to October 23, 2024.
Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed. 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.
Public comment stage: The regulation included in this plan has been adopted by the State Air Pollution Control Board in accordance with the Code of Virginia. DEQ is accepting comment only on the issue cited under "purpose of notice" and not on the content of the regulation amendments.
Description of proposal: Virginia state agencies are required to review regulations periodically in order to determine whether they are still needed. A public review of 9VAC5-40 (Existing Stationary Sources), including a review of the department's Comprehensive Environmental Data System database showed that there are no longer any facilities within the state subject to Article 11 (9VAC5-40-1340 et seq.), Emission Standards for Petroleum Refinery Operations or Article 26 (9VAC5-40-3560 et seq.), Emission Standards for Large Appliance Coating Application Systems.
Article 11 was promulgated in 1972 in order to control emissions of criteria pollutants particulate matter, sulfur dioxide, and volatile organic compounds (VOCs) as well as hydrogen sulfide. Article 26 was also promulgated in 1972 in order to control emissions of VOCs. These articles were adopted by EPA as revisions to the Virginia SIP in Subpart VV of 40 CFR Part 52, and are thus federally enforceable.
While many of the legacy 9VAC5-40 chapters still apply to affected facilities and continue to be an important underpinning to the SIP, there are no longer any petroleum refineries or large appliance coating application systems located within the state, so Articles 11 and 26 no longer serve any purpose. Even if there were still affected sources in the state, EPA's regulations have become much more protective of public health and welfare since the state articles were originally promulgated in 1972. For example, Article 11 limits sulfur dioxide (SO2) emissions to a concentration of 2,000 parts per million by volume (ppmv). The currently effective federal standard limits SO2 emissions to 50 ppmv (seven-day rolling average) and 25 ppmv (365-day rolling average). Any new petroleum refining or large appliance coating facilities locating in Virginia will now be subject to federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants for Source Categories, and a suite of other permitting requirements implemented since 1972.
A number of general provisions and state-specific requirements are cross-referenced in each rule, but these were intended for the convenience of the affected facilities, and not individual state requirements. DEQ also verified that there are no cross-references to these rules or internal sections elsewhere in the regulations of the board, and therefore there is no need to amend any other sections of the regulation.
The articles were repealed by the State Air Pollution Control Board on September 13, 2023, under the authority of § 10.1-1308 of the Code of Virginia. Because the articles have been repealed, they may be removed from Subpart VV.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law.
How to comment: DEQ accepts written comments by email 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 materials received are part of the public record.
To review documents: The proposal and any supporting documents are available on the DEQ Air Public Notices website at https://www.deq.virginia.gov/permits-regulations/public-notices/air. The documents may also be obtained by contacting the DEQ contact listed. The public may schedule an appointment to review the documents between 8:30 am and 4:30 pm of each business day until the close of the public comment period at the following DEQ locations:
1. Main Street Office, 22nd Floor, 1111 East Main Street, Richmond, VA, telephone (804) 698-4000;
2. Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA, telephone (540) 676-4800;
3. Blue Ridge Regional Office, 3901 Russell Drive, Salem, VA, telephone (540) 562-6700;
4. Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800;
5. Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020;
6. Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800; and
7. Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518-2000.
Contact Information: Karen G. Sabasteanski, Policy Analyst, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, or email karen.sabasteanski@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Public Comment Opportunity on Public Notice of Intent to Amend State Plan - Supplemental Payments to Private Hospitals for Physician Services
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 § 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 DMAS contact listed.
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 by September 27, 2024, and such comments are available for review at https://townhall.virginia.gov/L/generalnotice.cfm.
In accordance with the Item 288 OO 9 a through c of the 2024 Appropriations Act, DMAS will make the following changes:
Methods and Standards for Establishing Payment Rates - Other Types of Care (12VAC 30-80)
DMAS is revising the state plan to make supplemental payments to private hospitals and related health systems that intend to execute affiliation agreements with public entities that are capable of transferring funds to the department for purposes of covering the nonfederal share of the authorized payments. Virginia community colleges, Virginia public institutions of higher education, local governments, and instrumentalities of local government are public entities that are authorized to transfer funds to the department for purposes of covering the nonfederal share of the authorized payments. Such public entities would enter into an interagency agreement with the department for this purpose.
The department has the authority to make the supplemental payments to private hospitals for physician services as of July 1, 2024. No payment shall be made without approval from Centers for Medicare and Medicaid Services (CMS) and an interagency agreement with a public entity capable of transferring the nonfederal share of authorized payments to the department. The funds to be transferred must comply with 42 CFR §§ 433.51 and 433.54. Such funds may not be paid from any private agreements with public entities that are in excess of fair market value or that alleviate preexisting financial burdens of such public entities. Public entities are authorized to use general fund dollars to accomplish this transfer. As part of the interagency agreements, the department shall require the public entities to attest to compliance with applicable CMS criteria.
The department shall also require any private hospital and related health systems receiving payments under this section to attest to compliance with applicable CMS criteria. Upon notification by the department of any deferral or disallowance issued by CMS regarding the supplemental or managed care directed payment arrangement, the hospital provider will return the entire balance of the payment to the department within 30 days of notification. If the hospital does not return the entire balance of the payment to the department within the specified timeframe, a judgment rate of interest set forth in § 6.2-302 of the Code of Virginia will be applied to the entire balance, regardless of whatever portion has been repaid. In addition, the nonfederal share of the agency's administrative costs directly related to administration of the programs listed, including staff and contractors, shall be funded by participating public entities. These funds shall be deposited into a special fund created by the comptroller and used to support the administrative costs associated with managing this program. Any funds received for this purpose but unexpended at the end of the fiscal year shall remain in the fund for use in accordance with this provision.
The purposes to which the additional payments listed shall be applied include (i) increasing and enhancing access to outpatient care for Medicaid recipients, (ii) stabilizing and supporting critical health care workforce needs, and (iii) advancing the department's health and quality improvement goals. These purposes shall contain specific measurable outcomes that will be approved and monitored by the department quarterly. Payment shall be dependent on progress toward goal attainment on all three purposes. Participating organizations must submit quarterly updates and annual reports on programs to the department no later than October 1.
The expected increase in annual aggregate fee-for-service expenditures is $2,255,770 in state general funds and $2,346,903 in federal funds in federal fiscal year 2025. The expected increase in annual aggregate fee-for-service expenditures is $2,291,211 in state general funds and $2,311,462 in federal funds in federal fiscal year 2026.
Contact Information: Meredith Lee, Policy, Regulations, and Manuals Supervisor, Division of Policy and Research, 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.