GENERAL NOTICES/ERRATA
Vol. 31 Iss. 10 - January 12, 2015

GENERAL NOTICES/ERRATA

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Notice of Periodic and Small Business Impact Review

Pursuant to Executive Order 17 (2014) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Agriculture and Consumer Services is currently reviewing each of the regulations listed below to determine whether it should be repealed, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014) and § 2.2-4007.1 of the Code of Virginia. Each regulation will be reviewed to determine whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers

2VAC5-180, Rules and Regulations Governing Pseudorabies in Virginia

2VAC5-200, Rules and Regulations Pertaining to the Disposal of Entire Flocks of Dead Poultry

2VAC5-206, Regulation for Scrapie Eradication

Agency Contact: Dr. Charles Broaddus, Program Manager, Veterinary Services; P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-4560, FAX (804) 371-2380, or email charles.broaddus@vdacs.virginia.gov.

2VAC5-315, Virginia Imported Fire Ant Quarantine for Enforcement of the Virginia Pest Law

Agency Contact: Andres Alvarez, Director, Division of Consumer Protection; P.O. Box 1163, Richmond, VA 23218, telephone (804) 225-3821, FAX (804) 371-7479, or email andres.alvarez@vdacs.virginia.gov.

2VAC5-620, Rules and Regulations Pertaining to the Establishment of the Dangerous Dog Registry

Agency Contact: Dr. Carolynn Bissett, Acting Program Manager, Office of Animal Care and Emergency Response, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-2483, FAX (804) 371-2380, or email carolynn.bissett@vdacs.virginia.gov.

The comment period begins January 12, 2015, and ends February 2, 2015.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to the agency contacts listed above.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Public Meetings for the Development of a TMDL Implementation Plan for Upper Rapidan River Watersheds: Rippin Run, Blue Run, Marsh Run, Beautiful Run, Poplar Run, Unnamed Tributaries to the Rapidan River, and the Rapidan River; Madison, Green, Orange, Albemarle Counties, VA

The Virginia Department of Environmental Quality (DEQ) will host public meetings on a water quality improvement process for Rippin Run, Blue Run, Marsh Run, Beautiful Run, Poplar Run, unnamed tributaries to the Rapidan River, and the Rapidan River on January 28, 2015, and January 29, 2015.

The meetings will start at 6 p.m. The meeting on January 28, 2015, will be held at the Town of Orange Public Works Department located at 235 Warren Street, Orange, VA 22960. In case of inclement weather, the meeting will be moved to February 11, 2015, at the same location. The meeting on January 29, 2015, will be held at the Piedmont Virginia Community College, Eugene Giuseppe Center (Greene County Library Building, 2nd floor) located at 222 South Main Street, Stanardsville, VA 22973. In case of inclement weather, the meeting will be moved to February 12, 2015, at the same location.

The waters listed above were identified in Virginia's water quality assessment integrated reports as impaired for not supporting the bacteria criteria for recreational uses. The impairments are based on water quality monitoring data indicating exceedances of the bacteria standard.

At this meeting, TMDL findings and the development of the implementation plan will be discussed and citizens will learn how they can be part of the public participation process. DEQ seeks information and involvement of local citizens in developing this plan. After a one-hour public meeting, stakeholders will break into working group sessions to discuss and provide input for the implementation plan.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop total maximum daily loads for pollutants responsible for each impaired water contained in Virginia's 303(d) TMDL Priority List and Report and subsequent water quality assessment reports. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL amount. The TMDL report for the Rapidan River, which was approved by EPA on December 5, 2007, and by the State Water Control Board on July 31, 2008, can be found at:

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/rapprvr/rapidanec.pdf.

The public comment period on materials presented at this meeting will extend from January 29, 2015, to February 27, 2015. For additional information or to submit comments, contact May Sligh, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, by telephone (804) 450-3802, or email may.sligh@deq.virginia.gov.

*Additional information is also available on the DEQ website at www.deq.virginia.gov/tmdl.

Citizen Nomination of State Surface Waters for Inclusion in Annual Water Quality Monitoring Plan

Purpose: This document provides detailed guidance on implementation of § 62.1-44.19:5 F of the Code of Virginia, the section of the Water Quality Monitoring, Information and Restoration Act that provides for requests from the public regarding specific segments that should be included in the Virginia Department of Environmental Quality's (DEQ) annual Water Quality Monitoring Plan.

Background: During the 1997 legislative session, the General Assembly enacted the Water Quality Monitoring, Information and Restoration Act (the Act). The Act directs DEQ to provide a procedure for citizens of the Commonwealth to nominate portions of lakes, streams, and rivers of Virginia for water quality monitoring by DEQ. Citizens can send their nominations to DEQ via the procedures described below. Nominations received by April 30, 2015, will be considered for inclusion in DEQ's annual monitoring plan for the 2016 calendar year. The monitoring plan will be finalized after considering the citizen's nominations for inclusion. DEQ will respond to each request in writing, stating the reasons for accepting or denying each nomination. DEQ's response is due by August 31 for nominations received between January 1, 2015, and April 30, 2015.

Process to Request Additional Monitoring: Any person may request that a specific body of water be included in DEQ's annual water quality monitoring plan. Each request received between January 1, 2015, and April 30, 2015, shall be reviewed when DEQ develops or updates the annual water quality monitoring plan. Such requests shall include, at a minimum (i) a geographical description of the water body recommended for monitoring, (ii) the reason the monitoring is requested, and (iii) any water quality data that the petitioner may have collected or compiled.

Note that the monitoring program covered by this process is directed at the surface waters of the state. Private ponds, privately owned lakes, and any other body of water not deemed to be "State Waters" are ineligible.

Nominations can be submitted by mail, fax, email, or hand delivered to the contact person listed below.

Timeline: Nominations received between January 1, 2015, and April 30, 2015, will be considered for inclusion in DEQ's water quality monitoring plan for the following calendar year (2016). DEQ will respond in writing on its approval or denial of each nomination by August 31, 2015. The DEQ 2015 monitoring plan will be made available for public inspection. A notice of availability of the annual monitoring plan will be placed in the Virginia Register and on DEQ's website at http://www.deq.virginia.gov/Programs/Water/WaterQualityInformationTMDLs/WaterQualityMonitoring/CitizenMonitoring/FollowupMonitoring.aspx.

Contact Information: Stuart Torbeck, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email charles.torbeck@deq.virginia.gov.

VIRGINIA LOTTERY

Director's Orders

The following Director's Orders of the Virginia Lottery were filed with the Virginia Registrar of Regulations on December 22, 2014. The orders may be viewed at the Virginia Lottery, 900 East Main Street, Richmond, Virginia, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Richmond, Virginia.

Director's Order Number One Hundred Sixty-Nine (14)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's Fastplay Bow Wow Bucks (152 14) (This Director's Order is effective nunc pro tunc to December 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy (14)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's FastPlay Smokin' Hot Crossword (79 14) (This Director's Order is effective nunc pro tunc to December 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-One (14)

Certain Virginia Fastplay Game; End of Game - Virginia Lottery's FastPlay Fast 50's Slots of Fun (80 14) (This Director's Order is effective nunc pro tunc to December 8, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-Three (14)

Virginia Lottery's "Premium Registration Coupon" Final Rules for Operation (This Director's Order becomes effective on Thursday, December 18, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

Director's Order Number One Hundred Seventy-Four (14)

Virginia Lottery's "Collegiate VIP Seat Upgrade Promotion" Final Rules for Operation (This Director's Order becomes effective nunc pro tunc to Sunday, December 14, 2014, and shall remain in full force and effect unless amended or rescinded by further Director's Order)

STATE WATER CONTROL BOARD

Proposed Enforcement Action: Del Monte Fresh Production, Inc.

An enforcement action has been proposed for Del Monte Fresh Production, Inc., for alleged violations of the Virginia Ground Water Management Act of 1992 at the Ames Farm, Duer Home Farm, and Dennis Road MLC water systems located in Accomack County. Corrective action is pending and the consent order requires payment of a civil charge. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov/Programs/Enforcement/PublicNotices.aspx. Previn Smith will accept comments by email at previn.smith@deq.virginia.gov, or postal mail at Department of Environmental Quality, Central Office, 629 East Main Street, Richmond, VA 23219, from January 13, 2015, to February 12, 2015.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, General Assembly Building, 201 North 9th Street, 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/connect/commonwealth-calendar.

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.

ERRATA

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Title of Regulation: 12VAC35-225. Requirements for Virginia Early Intervention System.

Publication: 31:9 VA.R. 666-692 December 29, 2014.

Corrections to Emergency Regulation:

Page 691, column 1, 12VAC35-225-490 C 2 a: Replace "12VAC35-225-450 B 2" with "12VAC35-225-460 C 2"

Page 692, column 2, after 12VAC35-225-540 B insert:

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (12VAC35-225)

Infant & Toddler Connection of Virginia Eligibility Determination Form (eff. 6/12)

Early Intervention Certification Application (undated)

VA.R. Doc. No. R15-3889; Filed December 22, 2014, 9:32 a.m.