STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Public Comment Opportunity - Draft Amendments for Medication for Opioid Use Disorder
42 CFR Part 8 regulates opioid treatment programs and became effective in 2001. The U.S. Department of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, revised 42 CFR Part 8 and released the final rule in February 2024. The revisions amended the regulations with the intent to increase access to lifesaving, evidence-based medications for opioid use disorder and to advance treatment retention through the promotion of person-centered and compassionate interventions. These revised rules went into effect on April 2, 2024.
This is a notice of the opportunity to comment on a draft regulatory action to amend the Rules and Regulations for Licensing Providers by the Department of Behavioral Health and Developmental Services (12VAC35-105).
Anyone wishing to submit written comments for public comment may do so through the public comment forum on the Virginia Regulatory Town Hall. Comments may also be submitted to the agency contact listed. In order to be considered, comments must be received by 11:59 p.m. on October 24, 2024.
Contact Information: Susan Puglisi, Regulatory Research Specialist, Office of Regulatory Affairs, Department of Behavioral Health and Developmental Services, P.O. Box 1797, Richmond, VA 23218, FAX (804) 371-4609, or email susan.puglisi@dbhds.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Proposed Enforcement Action for Aqua Virginia Inc.
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for Aqua Virginia Inc. for violations of the State Water Control Law in Palmyra, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept comments by email or postal mail from October 21, 2024, through November 20, 2024.
Contact Information: John Brandt, Enforcement Manager, Department of Environmental Quality, 5636 Southern Boulevard, Virginia Beach, VA 23462, or email john.brandt@deq.virginia.gov.
Proposed Enforcement Action for 9DG LLC
The Virginia Department of Environmental Quality (DEQ) is proposing an enforcement action for 9DG LLC for violations of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulations at 2500 Tyler Road Travel Center in Christiansburg, Virginia. The proposed order is available from the DEQ contact listed or at https://www.deq.virginia.gov/permits/public-notices/enforcement-actions. The DEQ contact will accept comments by email or postal mail from October 21, 2024, through November 20, 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.
Gateway Grid LLC Notice of Intent for a Small Renewable Energy Project (Energy Storage) - Botetourt County
Gateway Grid 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 in Botetourt County, Virginia, pursuant to 9VAC15-100. The project name is Gateway Grid Battery Storage Facility, the owner is Gateway Grid LLC, and the project developer is Eolian Energy. The DEQ project number is RE0000329.
The location of the project is 2151 Lee Highway, Troutville, VA 24175, and the project has a geographic information system (GIS) centroid of Latitude 37.380764, Longitude -79.905191. As proposed, the project will have a rated power capacity of 100 megawatts alternating current, include approximately 116 battery modules, and have a disturbance area of approximately 13.7 acres.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 7448474, or email amber.foster@deq.virginia.gov.
Hera Solar LLC Notice of Intent for a Small Renewable Energy Project (Solar) - Tazewell County
Hera 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 Tazewell County, Virginia, pursuant to 9VAC15-60. The project owner is Hera Solar LLC and the project developer is Energix Renewables. The DEQ project number is RE0000328.
The project will encompass two parcels of approximately 720 acres north of Lake Witten Road with a geographic information system (GIS) centroid of Longitude 37.170322, Latitude -81.504903. As proposed, the project will have a maximum rated capacity of 20 megawatts alternating current and use approximately 48,000 photovoltaic panels.
Contact Information: Amber Foster, Small Renewable Energy Permit by Rule Coordinator, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 774-8474, or email amber.foster@deq.virginia.gov.
Public Meeting and Opportunity for Public Comment - 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 because 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 for a cleanup plan to address the pollutants contained in the study.
DEQ has developed a cleanup plan 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 public 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 Cabin Branch and continues downstream until the confluence with the Rapidan River (2.26 mi.);
Cedar Run, which begins at the confluence with Buck Run and continues downstream until the confluence with Cabin Branch (3.54 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 confluence with Mill Run, approximately 0.25 rivermiles downstream of Route 617, and continues downstream until the confluence with Mine Run (10.11 mi.);
Mountain Run, which begins at the headwaters of Mountain Run and continues downstream until the confluence with Mill Run (7.46 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 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 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 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 November 18, 2024, at 6:00 p.m. In the event of inclement weather, the meeting will be held on November 21, 2024, at the same time and location. This meeting was initially scheduled for October 3, 2024. The October 3, 2024, meeting has been canceled, and the meeting will now occur on November 18, 2024.
Public Comment Period: November 18, 2024, to December 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 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.
MARINE RESOURCES COMMISSION
Notice of Oyster Planting Grounds Application
H. M. Terry Company Inc. has applied for approximately 194.64 acres of oyster planting ground in Outlet Bay situated in Northampton City and Northampton County with Latitude N37-21.399, Longitude W75-50.982. View a map of the application or provide public comments at https://webapps.mrc.virginia.gov/public/oystergrounds/search_applications.php using the application number 2024037 or contact the Marine Resources Commission Shellfish Management Division at (757) 247-2262.
Send written comments to the contact listed.
Contact Information: Savannah Longest, Shellfish Aquaculture Specialist, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2262, FAX (757) 247-2002, or email savannah.longest@mrc.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Public Comment Opportunity on Intent to Amend State Plan - Supplemental Payments for Acute Care Hospital Chain with Level One Trauma Center
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; In-Patient Hospital Care (12VAC30-70).
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 impacts of the proposed changes discussed in this notice. Comments or inquiries may be submitted in writing by November 20, 2024, and such comments are available for review at https://townhall.virginia.gov/L/generalnotice.cfm.
In accordance with Item 288 OO 10 of the 2024 Appropriations Act, DMAS will make the following changes:
Methods and Standards for Establishing Payment Rates; In-Patient Hospital Care (12VAC30-70)
DMAS is revising the state plan to make supplemental payments through an adjustment to the formula for indirect medical education reimbursement using managed care discharge days for an acute care hospital chain with a level one trauma center in the Tidewater Metropolitan Statistical Area in 2020, upon the execution of affiliation agreements with public entities that are capable of transferring funds to DMAS for purposes of covering the nonfederal share of the authorized payments. Such public entities would enter into an interagency agreement with DMAS for this purpose. Public entities are authorized to use general fund dollars to accomplish this transfer. The funds to be transferred must comply with 42 CFR §§ 433.51 and 433.54. As part of the interagency agreements, DMAS shall require the public entities to attest to compliance with applicable Centers for Medicare and Medicaid Services (CMS) criteria. DMAS shall also require any private hospital and related health systems receiving payments under this item to attest to compliance with applicable CMS criteria.
The expected increase in annual aggregate fee-for-service expenditures is $17,200,000 in state general funds and $25,800,000 in federal funds in federal fiscal year 2025. The expected increase in annual aggregate fee-for-service expenditures is $17,531,100 in state general funds and $25,468,900 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.
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.