GENERAL NOTICES/ERRATAVol. 28 Iss. 23 - July 16, 2012
DEPARTMENT OF CONSERVATION AND RECREATION AND
DEPARTMENT OF ENVIRONMENTAL QUALITY
Total Maximum Daily Loads for Middle Fork Holston River
The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of an implementation plan (IP) for bacteria and aquatic life total maximum daily loads (TMDLs) for the Middle Fork Holston River beginning at the Wythe and Smyth County line downstream to Mock Mill and Neff in Washington County and Wolf Creek beginning south of Abingdon to the backwaters of South Holston Lake. Wolf Creek is impaired for bacteria and aquatic life. TMDLs were completed for these impaired watersheds in 2010 and 2009, respectively, and can be found on DEQ's website at: http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/TMDL/TMDLImplementation/TMDLImplementationPlans.aspx.
Section 62.1-44.19:7 C of the Code of Virginia requires the development of an IP for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts.
The first public meeting to initiate development of the IP for the bacteria and aquatic life TMDLs will be held on Tuesday, July 24, 2012, from 7 p.m. to 9 p.m. at the Virginia Department of Environmental Quality's Abingdon Office, 355 Deadmore Street, Abingdon, Virginia. At this meeting, the implementation plan process will be presented and the public will have the opportunity to ask questions. At the second hour of the public meeting attendees will be invited to participate in smaller group sessions to discuss the sources contributing to the local water quality impairments.
The 30-day public comment period for this meeting will end on August 23, 2012. A fact sheet on the development of the IP for the Middle Fork Holston River and Wolf Creek is available upon request. Questions or information requests should be addressed to Charlie Lunsford with the Virginia Department of Conservation and Recreation. Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Charlie Lunsford, Department of Conservation and Recreation, email charles.lunsford@dcr.virginia.gov, telephone (804) 786-3199.
Total Maximum Daily Loads for North Fork Holston River (Hiltons Volunteer Fire Department)
Announcement of an effort to restore water quality in the North Fork Holston River and the following tributaries: Lick Creek, Beaver Creek, Laurel Creek, Locust Cove Creek, Robertson Branch, Turkey Run Creek, Logan Creek, Toole Creek, Tumbling Creek, Wolf Creek, Burmley Creek, Cove Creek, Abrams Creek, Little Moccasin Creek, Nordyke Creek, Smith Creek, Blue Springs Branch, Dowell Branch, Hilton Creek, Possum Creek, and Big Moccasin Creek in Bland, Smyth, Tazewell, Washington, and Scott Counties, Virginia.
Public meeting location: Hiltons Volunteer Fire Department on Route 614 in Hiltons, Virginia on July 17, 2012, from 6 p.m. to 8 p.m.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) are announcing the final study report to restore water quality, a public comment opportunity, and public meeting.
Meeting description: Final public meeting on a study to restore water quality and first meeting to develop an implementation plan.
Description of study: DEQ has been working to identify sources of bacterial contamination and sources of pollutants affecting aquatic organisms. The mainstem of the North Fork Holston River in Bland, Smyth, Washington, and Scott Counties is impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Lick Creek, Beaver Creek, Locust Cove Creek, Robertson Branch, Turkey Run Creek, and Tumbling Creek in Smyth County, as well as Laurel Creek in Smyth, Bland, and Tazewell Counties are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Logan Creek, Toole Creek, Wolf Creek, Brumley Creek, Abrams Creek, Little Moccasin Creek, Nordyke Creek, and Smith Creek in Washington County, as well as Cove Creek and Big Moccasin Creek in Scott and Washington Counties, are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Blue Springs Branch, Dowell Branch, Hilton Creek, and Possum Creek in Scott County are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Lick Creek, Laurel Creek, and the North Fork Holston River from the Cove Creek confluence downstream to the Tennessee state line are impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms. Laurel Creek is also impaired for failure to meet the aquatic life use based on violations of the temperature water quality standard.
During the study, the sources of bacterial contamination and pollutants impairing the aquatic community have been identified and total maximum daily loads (TMDL) developed for the impaired waters. To restore water quality,
contamination levels must be reduced to the TMDL amount. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.
How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.
How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, July 17, 2011, to August 20, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.
To review fact sheets: Fact sheets are available on the impaired waters from the contact below or on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs.aspx.
Contact for additional information: Martha Chapman, TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.
Total Maximum Daily Loads for North Fork Holston River (Friends Community Church)
Announcement of an effort to restore water quality in the North Fork Holston River and the following tributaries: Lick Creek, Beaver Creek, Laurel Creek, Locust Cove Creek, Robertson Branch, Turkey Run Creek, Logan Creek, Toole Creek, Tumbling Creek, Wolf Creek, Burmley Creek, Cove Creek, Abrams Creek, Little Moccasin Creek, Nordyke Creek, Smith Creek, Blue Springs Branch, Dowell Branch, Hilton Creek, Possum Creek, and Big Moccasin Creek in Bland, Smyth, Tazewell, Washington, and Scott Counties, Virginia.
Public meeting location: Friends Community Church, 145 Palmer Avenue, Saltville, VA on July 19, 2012, from 6 p.m. to 8 p.m.
Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) are announcing the final study report to restore water quality, a public comment opportunity, and public meeting.
Meeting description: Final public meeting on a study to restore water quality and first meeting to develop an implementation plan.
Description of study: DEQ has been working to identify sources of bacterial contamination and sources of pollutants affecting aquatic organisms. The mainstem of the North Fork Holston River in Bland, Smyth, Washington, and Scott Counties is impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Lick Creek, Beaver Creek, Locust Cove Creek, Robertson Branch, Turkey Run Creek, and Tumbling Creek in Smyth County, as well as Laurel Creek in Smyth, Bland, and Tazewell Counties, are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Logan Creek, Toole Creek, Wolf Creek, Brumley Creek, Abrams Creek, Little Moccasin Creek, Nordyke Creek, and Smith Creek in Washington County, as well as Cove Creek and Big Moccasin Creek in Scott and Washington Counties, are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Blue Springs Branch, Dowell Branch, Hilton Creek, and Possum Creek in Scott County are impaired for failure to meet the recreational use because of fecal coliform bacteria violations and violations of the E. coli standard. Lick Creek, Laurel Creek, and the North Fork Holston River from the Cove Creek confluence downstream to the Tennessee state line are impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms. Laurel Creek is also impaired for failure to meet the aquatic life use based on violations of the temperature water quality standard.
During the study, the sources of bacterial contamination and pollutants impairing the aquatic community will be identified and total maximum daily loads (TMDL) developed for the impaired waters. To restore water quality, contamination levels must be reduced to the TMDL amount. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.
How a decision is made: The development of a TMDL includes public meetings and a public comment period once the study report is drafted. After public comments have been considered and addressed, DEQ will submit the TMDL report to the U.S. Environmental Protection Agency for approval.
How to comment: DEQ accepts written comments by email, fax, or postal mail. Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, July 19, 2012, to August 20, 2012. DEQ also accepts written and oral comments at the public meeting announced in this notice.
To review fact sheets: Fact sheets are available on the impaired waters from the contact below or on the DEQ website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs.aspx.
Contact for additional information: Martha Chapman, TMDL Coordinator, Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, telephone (276) 676-4800, FAX (276) 676-4899, or email martha.chapman@deq.virginia.gov.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
2012 Reimbursement Methodology Changes
Notice of Intent to Amend the Virginia State Plan for Medical Assistance (pursuant to § 1902(a)(13) of the Act (USC 1396a(a)(13)))
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-Inpatient Hospital Services (12VAC30-70); Methods and Standards for Establishing Payment Rates-Other Types of Care (12VAC30-80); and Methods and Standards for Establishing Payment Rates-Long Term Care (12VAC30-90). DMAS shall implement a number of changes in reimbursement methodology July 1, 2012, pursuant to Item 307 of the 2012 Appropriation Act.
Reimbursement Changes Affecting Hospitals (12VAC30-70)
Limit Inflation to 2.6% for Inpatient Hospitals (Including Long-Stay and Freestanding Psychiatric Hospitals)
12VAC30-70-50 is being amended to limit the inflation adjustment for long-stay hospitals to 2.6%. 12VAC30-70-351 is being amended to limit the inflation adjustment for inpatient hospital, including freestanding psychiatric hospital, operating rates to 2.6%. These changes are mandated by Item 307 LLL of the 2012 Appropriation Act, $14,721,558 GF; $11,767,125 NGF; $26,488,682 TF.
12VAC30-70-351 is also being amended to:
1) Limit the inflation adjustment for inpatient hospital disproportionate share hospital (DSH) payments to 2.6% for all hospitals. This change is mandated by Item 307 LLL of the 2012 Appropriation Act. $765,811 GF; $765,811 NGF; $1,531,622 TF.
2) Limit the inflation adjustment for graduate medical education (GME) payments to 2.6% for all hospitals. This change is mandated by Item 307 LLL of the 2012 Appropriation Act. $474,563 GF; $179,251 NGF; $653,814 TF.
12VAC30-80-96 is being amended to increase the reimbursement for early intervention targeted case management services by 10%. This change is mandated by Item 307 PPP of the 2012 Appropriation Act. $274,752 GF; $274,752 NGF; $549,504 TF.
12VAC30-80-180 is being amended to eliminate inflation adjustment for home health agencies for state fiscal year (SFY) 2013. This change is mandated by Item 307 GGG of the 2012 Appropriation Act. ($77,063) GF; ($77,063) NGF; ($154,126) TF.
12VAC30-80-200 is being amended to eliminate inflation adjustment for outpatient rehabilitation agencies for SFY 2013. This change is mandated by Item 307 GGG of the 2012 Appropriation Act. ($206,872) GF; ($206,872) NGF; ($413,744) TF.
Reimbursement Changes Affecting Nursing Facilities (12VAC30-90)
12VAC30-90-41 is being amended to eliminate rebasing in SFY 2013, limit the inflation adjustment for operating rates to 2.2%, and limit the inflation adjustment for ceilings to 3.2% for nursing facilities and specialized care facilities. This change is mandated by Item 307 MMM of the 2012 Appropriation Act. $11,529,215 GF; $11,529,215 NGF; $23,058,430 TF.
12VAC30-90-36 is being amended to reduce the nursing facility capital rental rate floor from 9.0 to 8.5%, which would have been restored to 9.0 from 8.5% effective July 1, 2012. This change is mandated by Item 307 UUU of the 2012 Appropriation Act. ($2,500,000) GF; ($2,500,000) NGF; ($5,000,000) TF.
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 William Lessard, Provider Reimbursement Division, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, and this notice is available for public review on the Regulatory Town Hall (http://www.townhall.virginia.gov). Comments or inquiries may be submitted, in writing, within 30 days of this notice publication to Mr. Lessard and such comments are available for review at the same address.
Contact Information: Brian McCormick, Regulatory Supervisor, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, TDD (800) 343-0634, or email brian.mccormick@dmas.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Order for Campbell County
An enforcement action has been proposed for Campbell County for violations at the Campbell County Landfill. A proposed consent order describes a settlement to resolve unpermitted discharge of fill material to a wetland. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Robert Steele will accept comments by email at robert.steele@deq.virginia.gov, FAX (540) 562-6725, or postal mail at Department of Environmental Quality, 3019 Peters Creek Road, Roanoke, VA 24019, from July 16, 2012, to August 15, 2012.
Proposed Consent Special Order for Town of Christiansburg
An enforcement action has been proposed for the Town of Christiansburg for violations at the Town of Christiansburg Wastewater Treatment Facility. The special order by consent will address and resolve violations of environmental law and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Jerry Ford, Jr. will accept comments by email at jerry.ford@deq.virginia.gov, or postal mail at Department of Environmental Quality, Blue Ridge Regional Office, 3019 Peters Creek Road, Roanoke, VA 24019, from July 16, 2012, to August 15, 2012.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, 201 N. 9th Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; 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 http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.
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/cumultab.htm.
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.
