Vol. 25 Iss. 2 - September 29, 2008



2007 Annual Report, Agricultural Stewardship Act

The Commissioner of Agriculture and Consumer Services announces the availability of the annual report of the Agricultural Stewardship Act entitled "Virginia Agricultural Stewardship Act Annual Report, April 1, 2007 – March 31, 2008: A Positive Approach." Copies of this report can be obtained by contacting Joyce Knight at (804) 786-3538 or email A written request may be sent to the address below.  Copies of the annual report are available without charge.

Contact Information: Joyce Knight, Virginia Department of Agriculture and Consumer Services, Office of Policy, Planning, and Research, 102 Governor Street, Suite 219, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3538 or email


Proposed Consent Order - VSE Corporation

An enforcement action has been proposed for VSE Corporation for alleged violations in Caroline County at the VSE Ladysmith Blast and Paint Facility. The consent order describes a settlement to resolve hazardous waste violations. A description of the proposed action is available at the DEQ office named below or online at Stephanie Bellotti will accept comments at, FAX (703) 583-3821, or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from September 30, 2008, through October 30, 2008.

Restore Water Quality in Levisa Fork

Public meeting location: Appalachian School of Law, Grundy, Virginia, on October 9, 2008, from 6 p.m. to 8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality, a public comment opportunity, and a public meeting.

Meeting description: First public meeting on a study to restore water quality.

Description of study: DEQ is working to identify sources of pollutants affecting the aquatic organisms and sources of bacteria and PCB contamination in the waters of the Levisa Fork including Slate Creek.  The "impaired" stream segments are estimated to be approximately 41 miles of the Levisa Fork and Slate Creek.  The stream is impaired for failing to meet the aquatic life use (benthic impairment) based on violations of the general standard for aquatic organisms and failure to meet the recreational use because of fecal coliform bacteria violations. Levisa Fork was also found to have elevated levels of polychlorinated byphenyl (PCBs) in fish tissue. The bacteria impairment extends from the mainstem of the Levsia Fork headwaters downstream to the Slate Creek confluence and from the Bull Creek confluence downstream to the Kentucky state line.  The bacteria impairment also includes Slate Creek form the Upper Rockhouse Branch confluence downstream to the confluence with Levisa Fork. The benthic impairment extends from the mainstem of the Levisa Fork at the confluence with Garden Creek downstream to the confluence of Bull Creek and from the Rocklick Branch confluence downstream to the Kentucky state line.  The benthic impairment also includes Slate Creek the mainstem from the Upper Rockhouse Branch confluence downstream to the confluence with Levisa Fork. The PCB impairment begins at the headwaters and continues downstream to the Kentucky state line and includes Garden Creek from the confluence of Right Fork downstream to the confluence with Levisa Fork.

During the study, the pollutants impairing the aquatic community will be identified and total maximum daily loads, or TMDLs, developed for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. DEQ will also determine the sources of bacteria contamination and develop a TMDL for bacteria.  To restore water quality, contamination levels must be reduced to the TMDL amount.

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, October 9, 2008, to Novermber 10, 2008. 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 contacts below or on the DEQ website at

Contact for additional information: Shelley D. Williams, Regional TMDL Coordinator, Virginia Department of Environmental Quality, Southwest Regional Office, 355 Deadmore Street, P.O. Box 1688, Abingdon, VA 24212-1688, telephone (276) 676-4845, FAX (276) 676-4899, or email

Total Maximum Daily Loads - Cub Creek, Turnip Creek, Buffalo Creek, Little Cub Creek, Big Cub Creek

The Department of Conservation and Recreation and the Department of Environmental Quality (DEQ) seek written and oral comments from interested persons on the development of an implementation plan (IP) for bacteria total maximum daily loads (TMDLs) on the following impaired stream segments -  14.21 miles of Cub Creek, 2.7 miles of Turnip Creek, 2.34 miles of Buffalo Creek, 2.88 miles of Buffalo Creek (UT) and 8.53 miles of Little Cub Creek, Big Cub Creek, and Cub Creek segment from Big Cub to Roanoke River.  The impaired stream segments are all tributaries to the Staunton River, and are located in the Lower Roanoke River Basin in Appomattox and Charlotte Counties in Virginia.

TMDLs of these impaired segments were approved by EPA on June 22, 2006, a copy of which can be found on DEQ’s website at:

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 on the development of the IP for the above impaired segments will be held on Wednesday, October 15, 2008, at 7 p.m. in the Charlotte County Administration Office Building located at 250 LeGrande Ave., Suite A, Charlotte Courthouse, VA 23923. After a one-hour public meeting, stakeholders will break into working group sessions to discuss agricultural and residential sources of bacteria and begin the public participation input process for the implementation plan.

The public comment period will end on November 14, 2008.  A fact sheet on the development of an IP for the above impaired segments is available upon request.  Written comments and inquiries should include the name, address, and telephone number of the person submitting the comments and should be sent to Dr. Ram Gupta, Department of Conservation and Recreation, 101 North 14th Street, 11th Floor, James Monroe Building, Richmond, VA 23219, email, telephone (804) 371-0991.

Total Maximum Daily Load - Lower Piankatank River

Notice is hereby given that the Department of Environmental Quality (DEQ) seeks public comment from interested persons on the proposed minor modifications of this total maximum daily load (TMDL) developed for the Lower Piankatank River.

A total maximum daily load was developed to address the bacterial impairments in the waterways and counties mentioned above. This TMDL was approved by the Environmental Protection Agency on November 15, 2005. The report is available at:

The Virginia Department of Environmental Quality (DEQ) seeks written comments from interested persons on the modification of this TMDL.  DEQ staff transposed the BST source percentages for three sources in Condemnation Area 170, Cobbs Creek, which resulted in an incorrect BST Allocation Percentage for the "Total Load," "Current Load," "Load Allocation," and "Reduction Needed" percent for Cobbs Creek Condemnation Area 170.  Additional rounding errors occurred in "Current Loads" and "Load Allocations," resulting in "Reduction Needed" percent changes for Condemnation Areas 126, Wilton Creek, and 129, Healy Creek.  DEQ proposes to make these corrections to "BST Allocation Percentage of Total Load," "Current Load," "Allocation Load," and "Reduction Needed" for Condemnation Areas 126, 129, and 170 in Growing Area 34 in the Executive Summary Table entitled, "Reduction based upon 90TH PERCENTILE Standard Growing Area 34: Piankatank River, Lower Watershed" (page vi), Table 4.2 (page 19), and Table 5.3 (page 23) of the report."

The public comment period for these modifications will end on October 29, 2008. Please include the name, address, and telephone number of the person submitting comments. Send to Margaret Smigo, Department of Environmental Quality, Piedmont Regional Office, 4969-A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, or email


The Virginia Department of Labor and Industry (DOLI) and the Safety and Health Codes Board will hold an additional comment period for the revised proposed regulation entitled, Reverse Signal Operation SafetyRequirements for Motor Vehicles, Machinery and Equipment in General Industry and the Construction Industry, 16VAC25-97. Information concerning this proposed regulation was published in the Virginia Register on August 20, 2007.  A 60-day public comment period began on that publication date and extended to October 10, 2007.  A public hearing was held October 18, 2007. However, a number of written comments were received after the close of the comment period. For this reason, a second comment period was held to extend for 30 days, from April 14, 2008, to May 14, 2008.  Following the close of the second comment period, extensive changes were made in the text of the proposed regulation. Therefore, an additional 30-day comment period will be held for this revised proposed regulation in accordance with § 2.2-4007.03 B of the Code of Virginia, which provides that "If an agency wishes to change a proposed regulation before adopting it as a final regulation, it may choose to publish a revised proposed regulation, provided the latter is subject to a public comment period of at least 30 additional days and the agency complies in all other respects with this section."  This comment period will begin on September 29, 2008, and end on October 29, 2008.

The Department of Labor and Industry and the Safety and Health Codes Board seek public comment on the review of issues related to this revised proposed regulation.  Comments on the revision are welcome and will be accepted until October 29, 2008. Comments, questions, or requests for a copy of the revised regulation may be addressed to Jay Withrow, Virginia Department of Labor and Industry, Powers-Taylor Building, 13 South 13th Street, Richmond, VA 23219 or email  Please include full name and mailing address with any submitted comments.


Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on September 8, 2008. The orders may be viewed at the State Lottery Department, 900 E. Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, Virginia.

Final Rules for Game Operation:

Director's Order Number Forty (08)

Virginia's Instant Game Lottery 1071; "Colossal Cash" (effective 9/2/08)

Director's Order Number Forty-One (08)

Virginia's Instant Game Lottery 1073; "Triple 777" (effective 9/2/08)

Director's Order Number Forty-Two (08)

Virginia's Instant Game Lottery 1074; "Roll Em" (effective 9/2/08)

Director's Order Number Forty-Three (08)

Virginia's Instant Game Lottery 1075; "Blackjack" (effective 8/28/08)

Director's Order Number Forty-Five (08)

Virginia's Instant Game Lottery 1058; "10X The Money" (effective 9/2/08)

Director's Order Number Forty-Six (08)

Virginia's Instant Game Lottery 1069; "Monster Money" (effective 9/2/08)

Director's Order Number Forty-Seven (08)

Virginia's Sixteenth On-Line Lottery Game; "Pick Your Favorite TV Commercial" (effective 8/28/08)

Director's Order Number Forty-Eight (08)

Virginia's Fifteenth On-Line Lottery Game; "20th Birthday Raffle" (effective 8/28/08)

* * * * * * * *

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on September 10, 2008.

Director's Order Number Forty-Nine (08)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authority granted by §§ 2.2-4002 B 15 and 58.1-4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on September 12, 2008:

Game 298

Monthly Money

Game 335

Gold Bar Bingo

Game 630

Win For Life

Game 731

$1,000,000 Cash Spectacular

Game 734

Beginners Luck

Game 770

Green Thumb

Game 777

Super Ruby Red 7's

Game 786

One Word Cashword

Game 795


Game 796

Ruby Red 7's

Game 798

Blackjack Doubler

Game 799

Super Blackjack

Game 1006

Cool 7's

Game 1010

$100,000 Double Action 2

Game 1014

Diamond White 7's

Game 1020

Silver 7's

Game 1041


Game 1045

Sapphire Blue 7's

Game 1047

Junior Ruby Red 7's

Game 1048

Pink Panther

The last day for lottery retailers to return for credit unsold tickets from any of these games will be October 17, 2008. The last day to redeem winning tickets for any of these games will be March 11, 2009, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date.  Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of March 11, 2009, or earlier, will be deemed to have been received on time.  This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by writing to Director's Office, Virginia Lottery, 900 East Main Street, Richmond, Virginia 23219.

This Director's Order becomes effective on the date of its signing and shall remain in full force and effect unless amended or rescinded by further Director's Order.

/s/ Paula I. Otto

Executive Director

September 5, 2008


Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

Filing Material for Publication in the Virginia Register of Regulations

Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked 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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.



Title of Regulation: 18VAC135-40. Time-Share Regulations.

Publication: 18:23 VA.R. 3072 July 29, 2002

Correction to Proposed Regulation:

Page 3072, 18VAC135-40-420, subsection A, line 1, strike "Prior to or upon"

VA.R. Doc. No. R01-118

* Effective upon filing notice of U.S. EPA approval with Registrar of Regulations