AIR POLLUTION CONTROL BOARD

State Implementation 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) under the Act. If adopted, the Commonwealth intends to submit the regulation or a portion thereof to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulation affected by this action is 9VAC5-10, General Definitions, Rev. H07.

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP.

Public comment period: May 18, 2009, to June 17, 2009.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. 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 5 p.m. on 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 amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision will consist of amendments to existing regulation provisions concerning the definition of volatile organic compound (VOC). On January 18, 2007 (72 FR 2193), EPA revised the definition of VOC in 40 CFR 51.100 to exclude a compound known as (1)1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300). This exclusion is accomplished by adding the substance to a list of substances not considered to be a VOC. In order to maintain consistency with the federal requirements for reducing VOCs and therefore ozone, Virginia's definition of VOC must be consistent with EPA's definition.

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. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, 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 5 p.m. on the last day of the comment period. Due to problems with the quality of faxes, commenters are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits, and documents received are part of the public record.

To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/air/permitting/planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations: (i) Main Street Office, 629 E Main St., 8th Floor, Richmond, VA, (804) 698-4070, (ii) Southwest Regional Office, 355 Deadmore St., Abingdon, VA, (540) 676-4800, (iii) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Rd., Roanoke, VA, (540) 562-6700, (iv) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Rd., Lynchburg, VA, (804) 582-5120, (v) Valley Regional Office, 4411 Early Rd., Harrisonburg, VA, (540) 574-7800, (vi) Piedmont Regional Office, 4949-A Cox Rd., Glen Allen, VA, (804) 527-5020, (vii) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, (703) 583-3800, and (viii) Tidewater Regional Office, 5636 Southern Blvd, Virginia Beach, VA, (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Notice of Opportunity to Serve on a Regulatory Advisory Panel Concerning Permit Regulations for Renewable-Energy Facilities

Purpose of notice: The Department of Environmental Quality is announcing the establishment of a Regulatory Advisory Panel (panel) to assist the department in developing a regulation to implement Virginia Acts of Assembly Chapters 808 and 854 (2009 HB 2175/SB 1347). The department is seeking persons interested in serving on the panel.

Deadline for submittal of requests: June 29, 2009.

Background: During the 2009 legislative session, the Virginia General Assembly passed HB 2175/SB 1347 (Virginia Acts of Assembly Chapters 804 and 854), which require the department to develop regulations that establish one or more permits by rule necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth’s natural resources. The permit by rule for wind energy shall be effective as soon as practicable, but not later than January 1, 2011.

Purpose of panel: The department is establishing this panel to review the subject legislation and make recommendations to the department on how to implement the law’s provisions.  It is anticipated that discussion topics will include how the department might address potential environmental impacts, mitigation plans, facility site planning, public participation, permit fees, interagency consultations, enforcement and compliance, and other topics that may be brought up during the public comment period.  The department will publish a Notice of Intended Regulatory Action in the near future to begin the rulemaking process to implement this legislation. However, the panel established in response to this notice will be the panel used to assist the department in the development of one or more permits by rule regulations.

Contact for additional information or submittal of requests to serve on the committee: Carol C. Wampler, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, email carol.wampler@deq.virginia.gov, telephone (804) 698-4579.

Proposed Consent Order - Contractors Paving Company, Inc.

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a location in Norfolk, Virginia.

Public comment period: June 8, 2009, to July 8, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to Contractors Paving Company, Inc., to address alleged violations of Virginia State Water Control Law. The location where the alleged violations occurred is 3431 Trant Avenue, Norfolk. The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System General Permit VAR05.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Paul R. Smith, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA 23462, telephone (757) 518-2020, FAX (757) 518-2009, or email paul.smith@deq.virginia.gov.

Proposed Consent Order - O’Malley’s UAP & UC, Inc.

Purpose of notice: To seek public comment on a proposed consent order from the Department of Environmental Quality for a location in Suffolk, Virginia.

Public comment period: June 8, 2009, to July 8, 2009.

Consent order description: The State Water Control Board proposes to issue a consent order to O’Malley’s UAP & UC, Inc., to address alleged violations of Virginia State Water Control Law. The location where the alleged violations occurred is O’Malley’s Used Auto Parts, 1327 Portsmouth Boulevard, Suffolk. The consent order describes a settlement to resolve alleged violations of the facility Virginia Pollutant Discharge Elimination System General Permit VAR05.

How to comment: DEQ accepts comments from the public by email, fax or postal mail. All comments must include the name, address and telephone number of the person commenting and be received by DEQ within the comment period. The public may review the proposed consent order at the DEQ office named below or on the DEQ website at www.deq.virginia.gov.

Contact for public comments, document requests and additional information: Paul R. Smith, Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd, Virginia Beach, VA 23462, telephone (757) 518-2020, FAX (757) 518-2009, or email paul.smith@deq.virginia.gov.

Study to Restore Water Quality - Cod, Presley, Hull, Rogers, Bridgeman, Cubitt, and Hack Creeks, and Fountain Cove

Public meeting: June 24, 2009, at the Northumberland Public Library, 7204 Northumberland Highway, Heathsville, VA 22473. An afternoon public meeting will be held from 2 p.m. to 4 p.m. and the evening public meeting from 6 p.m. to 8 p.m.  The library asks that you please park at the side or in back of the building.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are announcing a study to restore water quality for a shellfish growing area, a public comment opportunity, and two public meetings.

Meeting description: First public meetings on a study to restore water quality for shellfish growing areas along Cod, Presley, Hull, Rogers, Bridgeman, Cubitt, and Hack Creeks, and Fountain Cove, which are impaired due to bacterial violations.

Description of study: Virginia agencies are working to identify sources of the bacterial contamination in the shellfish growing waters of these (tidal) creeks including their tributaries. These condemnations include a total area of approximately 1.18 square miles in Northumberland County. These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations. Cubitt Creek also has a recreational impairment (swimming) of approximately 0.227 square miles. The recreational water quality standard is less stringent than that of the shellfish standard; therefore, it is expected that clean-up efforts aimed at restoring the shellfish use will also result in attainment of the recreational use.

The study reports the current status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, shellfish area condemnations and the possible sources of bacterial contamination.  The study recommends total maximum daily loads (TMDLs) for the impaired waters. A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards. To restore water quality, bacterial levels have to be reduced to the TMDL amount.

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, which will expire on July 23, 2009. DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email mjsmigo@deq.virginia.gov.

Study to Restore Water Quality - Hunting Creek, Cameron Run, and Holmes Run

Announcement of a total maximum daily load (TMDL) study to restore water quality in the bacteria impaired waters of Hunting Creek, Cameron Run, and Holmes Run.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation announce the second technical advisory committee (TAC) meeting for the Hunting Creek, Cameron Run, and Holmes Run bacteria TMDL studies.

Technical advisory committee meeting: Tuesday, June 30, 2009, 10 a.m. - Noon, City of Alexandria, Charles E. Beatley Central Library, Main Community Room, 5005 Duke Street, Alexandria, VA 22304-2903.

Meeting description: This is the second meeting of the TAC. The purpose of the TAC will be to provide technical input and insight for the project, and to assist with stakeholder and public participation.

Description of study: Portions of Hunting Creek, Cameron Run, and Holmes Run have been identified as impaired on the Clean Water Act § 303(d) list for not supporting the primary contact recreation use due to elevated levels of E. coli bacteria. Virginia agencies are working to identify the sources of bacteria contamination in these stream segments.  The Hunting Creek, Cameron Run, and Holmes Run watersheds are located within Arlington County, the City of Alexandria, the City of Falls Church, and Fairfax County.  Below are descriptions of the impaired segments that will be addressed in this study:

During this study, DEQ will develop a total maximum daily load (TMDL) for each of the impaired stream segments. A TMDL is the total amount of a pollutant a water body can receive and still meet water quality standards. To restore water quality, pollutant levels have to be reduced to the TMDL allocated amount.

How to comment: The public comment period on the materials presented at the TAC meeting will extend from June 30, 2009, to July 30, 2009. 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. Please send all comments to the contact listed below.

Contact for additional information: Katie Conaway, Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, email mkconaway@deq.virginia.gov.

Total Maximum Daily Loads - Mossy Creek, Long Glade Run and Naked Creek

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 a total maximum daily load (TMDL) implementation plan for Mossy Creek, Long Glade Run, and Naked Creek in Augusta and Rockingham counties. Mossy Creek and Long Glade Run were originally listed on the 1996 § 303(d) TMDL Priority List and Report as impaired, with Naked Creek joining them in 1998, due to violations of the state’s water quality standard for bacteria. In 1998, Mossy Creek was also listed due to a benthic or aquatic life impairment. TMDLs for bacteria in all three creeks and one for sediment in Mossy Creek were developed to address the impairments in these streams. These TMDLs were approved by EPA on July 14, 2004, and May 21, 2002, respectively, and are available on DEQ’s website at http://gisweb.deq.virginia.gov/tmdlapp/tmdl_report_search.cfm.

Section 62.1-44.19:7 C of the Code of Virginia requires the development of an implementation plan (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.

DEQ and DCR will hold a final public meeting on Thursday, June 18, 2009, at 7 p.m. to inform the public of the IP development and to solicit comments on the draft document. The meeting will be held in the cafeteria of North River Elementary School in Mt. Solon.

The draft implementation plan will be available for review on the web no later than June 15, 2009, at http://www.deq.virginia.gov/tmdl/iprpts.html. The public comment period for this final public meeting will end on Wednesday, July 15, 2009. Questions or information requests should be addressed to Tara Sieber, DEQ, (540) 574-7870. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

Total Maximum Daily Loads - South River in Augusta and Rockingham Counties

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) for the South River in Augusta and Rockingham counties. The South River was listed on the 1996 § 303(d) TMDL Priority List and Report as impaired due to violations of the state’s water quality standard for bacteria and violations of the state’s general (benthic) standard for aquatic life. The benthic impairment extends for 5.44 miles from the Invista discharge downstream to Sawmill Run. The bacteria impairment extends for 24.71 miles from the Invista discharge to the confluence with the North River. In addition, the South River and South Fork Shenandoah River fail to support the fish consumption use due to mercury contamination.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia’s § 303(d) TMDL Priority List and Report. DEQ has developed a bacteria TMDL to address the recreational use impairment, sediment and phosphorus TMDLs to address the aquatic life impairment, and a mercury TMDL to address the fish consumption impairment. Draft reports of these TMDLs will be available for review and download from the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/
DraftReports.jspx beginning on or before June 11, 2009. DEQ is seeking comment on these draft reports.

The final public meeting on the development of these TMDLs will be held on Thursday, June 11, 2009, 7 p.m. at the Waynesboro City Council Chambers, Charles T. Yancey Municipal Building, 503 West Main Street, Room 104, Waynesboro, VA.

The public comment period for this meeting and the draft TMDL will end on July 13, 2009. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Robert Brent, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7848, FAX (540) 574-7878, or email rnbrent@deq.virginia.gov.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Notice of Periodic Review

Review Announcement: The Board of Long-Term Care Administrators within the Department of Health Professions is preparing to conduct a periodic review of its general regulations governing the practice of nursing home administrators:

18VAC95-20, Regulations Governing the Practice of Nursing Home Administrators

The board is receiving comment on whether there is a need for amendments for clarification or for consistency with changes in practice.

Comment Begins: May 25, 2009, and ends June 24, 2009.

If any member of the public would like to comment on these regulations, please send comments by the close of the comment period to: Elaine J. Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233.

Comments may also be emailed to elaine.yeatts@dhp.virginia.gov or FAX (804) 527-4434.

Regulations for the practice of nursing home administrators may be viewed online at www.townhall.virginia.gov or www.dhp.virginia.gov or copies will be sent upon request.

STATE WATER CONTROL BOARD

Approval of Water Quality Management Planning Actions

Notice of action: The State Water Control Board (board) is considering the approval of six total maximum daily load (TMDL) reports and four TMDL modifications, and granting authorization to include the TMDL reports and modifications in the appropriate Water Quality Management Plans (WQMPs).

Purpose of notice: The board is seeking comment on the proposed approvals and authorizations. The purpose of these actions is to approve six TMDL reports and four TMDL modifications as Virginia’s plans for the pollutant reductions necessary for attainment of water quality goals in several impaired waterbodies. These actions are taken in accordance with the Public Participation Procedures for Water Quality Management Planning.

Public comment period: June 8, 2009, to July 7, 2009.

Description of proposed action: DEQ staff intends to recommend (i) that the DEQ director approve the TMDL reports and TMDL modifications listed below as Virginia’s plans for the pollutant reductions necessary for attainment of water quality goals in the impaired segments, and (ii) that the DEQ director authorize inclusion of the TMDL reports and TMDL modifications in the appropriate WQMPs. No regulatory amendments are required for these TMDLs and their associated waste load allocations.

At previous meetings, the board voted unanimously to delegate to the DEQ director the authority to approve TMDLs that do not include waste load allocations requiring regulatory adoption by the board, provided that a summary report of the action the director plans to take is presented to the board prior to the director approving the TMDL reports. The TMDLs included in this public notice will be approved using this delegation of authority.

The TMDLs listed below were developed in accordance with federal regulations (40 CFR 130.7) and are exempt from the provisions of Article II (§ 2.2-4006 et seq. of the Code of Virginia) of the Virginia Administrative Process Act. The TMDLs have been through the TMDL public participation process contained in DEQ’s Public Participation Procedures for Water Quality Management Planning.  The public comment process provides the affected stakeholders an opportunity for public appeal of the TMDLs. EPA approved all TMDL reports presented under this public notice. The approved reports can be found at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx.

Affected Waterbodies and Localities:

Potomac River & Shenandoah River Basins:

1. "Monroe Bay, Monroe Creek Total Maximum Daily Load (TMDL) Report for Shellfish Condemnation Areas Listed Due to Bacteria Contamination"

• One bacteria TMDL, located in Westmoreland County, proposes bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations

2. "Total Maximum Daily Load Report for Shellfish Areas Listed Due to Bacteria Contamination in Upper Machodoc Creek"

• Three bacteria TMDL, located in King George County, propose bacteria reductions for portions of the watershed to address VDH Shellfish Area Condemnations

In the James River Basin:

3. "Bacteria Total Maximum Daily Load Development for Mill Creek and Powhatan Creek"

• Three bacteria TMDLs, located in James City County, propose bacteria reductions for portions of the watersheds to address a primary contact (swimming use) impairment

In the Roanoke River Basin:

4 & 5. "Bacteria TMDLs for the Dan River Water Shed" modifications (2)

• 15 bacteria TMDLs, located in Pittsylvania, Henry, Halifax and Mecklenburg, Franklin, Floyd, Carroll, and Patrick counties, propose bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments

In the Chesapeake Bay-Small Coastal-Eastern Shore Basin:

6. "Total Maximum Daily Load Report for Shellfish Areas Listed Due to Bacteria Contamination – Barlow and Jacobus Creeks"

• Three bacteria TMDLs, located in Northampton County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

7. "Total Maximum Daily Load Report for Shellfish Areas Listed Due to Bacteria Contamination – Indian, Tabbs, Dymer, and Antipoison Creeks"

• Six bacteria TMDLs, located in Northumberland and Lancaster counties, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

In the Rappahannock River Basin:

8. "Total Maximum Daily Load Report for Shellfish Areas Listed Due to Bacteria Contamination – Oyster Creek and Mosquito Creek"

• Two bacteria TMDLs, located in Lancaster County, propose bacteria reductions for portions of the watersheds to address VDH Shellfish Area Condemnations

9. "Bacteria TMDL for Robinson River and Dark Run" modification

• One bacteria TMDLs, located in Madison County, proposes bacteria reductions for portions of the watersheds to address primary contact (swimming use) impairments

10. "Bacteria TMDLs for Mountain Run and Mine Run, Orange County, Virginia" modification

• One bacteria TMDLs, located in Madison County, proposes bacteria reductions for portions of the watershed to address primary contact (swimming use) impairments

How to comment: The DEQ accepts written comments by email, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ by 5 p.m. on the last day of the comment period.

How a decision is made: After comments have been considered, the board will make the final decision.

To review documents: The TMDL reports and TMDL implementation plans are available on the DEQ website at https://www.deq.virginia.gov/TMDLDataSearch/ReportSearch.jspx and by contacting the DEQ representative named below.  The electronic copies are in PDF format and may be read online or downloaded.

Contact for public comments, document requests and additional information: David S. Lazarus, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4299, FAX (804) 698-4116, or email david.lazarus@deq.virginia.gov.

VIRGINIA CODE COMMISSION

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.

ERRATA

BOARD OF AGRICULTURE AND CONSUMER SERVICES

Title of Regulation: 2VAC5-585. Retail Food Establishment Regulations.

Publication: 25:18 VA.R. 3108-3148 May 11, 2009.

Correction to Proposed Regulation:

Page 3123, 2VAC5-585-80 D 2, line 3, change to "subdivisions 4 through 9"

Page 3124, 2VAC5-585-80 F 2, lines 3 and 4, change to "subdivisions 4 through 9"

Page, 3132, 2VAC5-585-570 D, line 1, change to: "D. Wet Dry wiping cloths ..."

Page 3140, 2VAC5-585-870, after subdivision D 2 e (4), insert:

f. Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily;

VA.R. Doc. No. R09-1653; Filed May 19, 2009; 16:46 p.m.