DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Notices of Periodic Review

Pursuant to Executive Order 14 (2010), the Virginia Department of Agriculture and Consumer Services, on behalf of the Board of Agriculture and Consumer Services, is currently reviewing the regulations listed below to determine whether they should be terminated, amended, or retained in their current form. Each regulation will be reviewed to determine whether (i) the regulation protects public health, safety, and welfare with the least possible intrusion in the lives of citizens; (ii) alternatives in lieu of regulation may achieve the goals of the regulation; (iii) the regulation is based on the best reasonably available scientific, economic, and other information; (iv) the regulation is designed to achieve its intended objective in the most efficient, cost-effective manner; (v) the regulation is clearly written and easily understandable by the individuals and entities affected; and (vi) the regulation has been developed in accordance with laws relating to the impact of regulations on small businesses.

2VAC5-80, Requirements Governing the Branding of Cattle in Virginia

2VAC5-160, Rules and Regulations Governing the Transportation of Horses

2VAC5-240, Rules and Regulations for Enforcement of the Grain Handlers Law

2VAC5-340, Rules and Regulations for the Enforcement of the Virginia Weights and Measures Law

2VAC5-460, Rules and Regulations for the Enforcement of the Virginia Petroleum Products Franchise Act

2VAC 5-470, Rules and Regulations Pertaining to the Registration and Certification of Grape Nursery Stock

2VAC5-480, Regulation Governing the Oxygenation of Gasoline

2VAC5-560, Rules and Regulations Pertaining to Labeling and Sale of Infant Formula

Comment period begins on January 17, 2011, and ends on February 7, 2011.

Agency Contact: Roy E. Seward, Department of Agriculture and Consumer Services, Washington Building, 1100 Bank Street, Room 211, Richmond, VA 23219, telephone (804) 786-3535 or email roy.seward@vdacs.virginia.gov.

DEPARTMENT OF CRIMINAL JUSTICE SERVICES

2010 Changes to Entry-level Law Enforcement Training Standards

The Committee on Training of the Criminal Justice Services Board has approved changes to the training objectives, criteria, and lesson plan guides of the Compulsory Minimum Training Standards for Entry Level Law Enforcement Officers as part of its annual review under 6VAC20-20-25. Copies of the changes may be obtained by contacting Judith Kirkendall at the Department of Criminal Justice Services, 1100 Bank Street, Richmond, VA 23219, or judith.kirkendall@dcjs.virginia.gov. A copy may be downloaded from the Internet by going to http://www.dcjs.virginia.gov/standardstraining/compulsoryminimumtraining/officers.cfm, and click on 2010 Changes to Entry-level Law Enforcement Training Standards at the top of the table of contents.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Announcement of Public Meetings for Initiation of a Water Quality Restoration Study for the James River and Selected Tributaries in the Cities of Richmond, Hopewell, Petersburg, Colonial Heights, and the Counties of Chesterfield, Henrico, Dinwiddie, Prince George, Charles City, and Surry in Virginia

Public meetings: Two public meetings will be held on Tuesday, January 11, 2011. An afternoon meeting will be held at 2 p.m. at the East End Library located at 2414 R Street Richmond, VA 23223. An evening meeting will be held at 6 p.m. at the Department of Environmental Quality (DEQ), Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060. In case of inclement weather, check the DEQ website for the rescheduled date (www.deq.virginia.gov).

Purpose of notice: DEQ is announcing the initiation of a water quality restoration study for the James River and selected tributaries which are impaired due to Polychlorinated Biphenyls (PCBs). A public comment period will follow the January 11, 2011, meetings and will expire on February 14, 2011.

Meeting description: First public "kick-off" meetings on this study to share ongoing efforts to-date with the public. The meeting will include information regarding PCBs, DEQ monitoring data, how the pollutant will be modeled in the waterways, and ongoing voluntary sampling efforts throughout the watershed by facilities.

Description of study: The following streams are found to exceed the water quality standard for PCBs and are in violation of the fishing designated use in the jurisdictions mentioned in the title above: Appomattox River (to Lake Chesdin Dam), Bailey Creek (to Rt. 360), Bailey Bay, Chickahominy River (to Walkers Dam). Additionally, the James River is impaired from the fall line to the Hampton Roads Bridge Tunnel. For the purposes of these meetings, the James River from the fall line to the Charles City County and Surry County extents will be discussed. Information regarding the impairments is available on the DEQ website (http://www.deq.virginia.gov/wqa/pdf/2010ir/appendices/ir10_AppendixA_Category5_Factsheets_James.pdf; search factsheet using term "PCB"). Two studies are being developed concurrently due to the size of the impaired watershed. This set of public meetings will focus on the upper tidal portion of the James River and selected tributaries. A second study is being developed for the lower tidal James River and selected tributaries (1st public meetings were held on Dec. 1st). If you would like information on the lower tidal James River PCB study, please contact Jennifer Howell at jennifer.howell@deq.virginia.gov.

The study will report on the sources of PCB contamination and will recommend 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, pollutant levels have to be reduced to the TMDL amount.

How a decision is made: The development of a TMDL includes a public comment period, including public meetings. Public comments will be incorporated into the TMDL development. Following the public notice and review of the final TMDL draft report (to be available at some point in the future), DEQ will submit the TMDL report to the U.S. Environmental Protection Agency (EPA) for approval. The final TMDL report is due to EPA in 2014. Given the extent of the impairments and complexities of the pollutant, DEQ is initiating the TMDL study now, in order to allow the time necessary for study development.

How to comment: DEQ accepts written comments by email, fax, or postal mail. Comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will end on February 14, 2011.

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

Notice of Public Meetings and an Opportunity for Public Comment on Initiation of Water Quality Study for Nomini and Rosier Creeks in Westmoreland and King George Counties

Public meetings: Two public meetings will be held on Thursday, January 20, 2011. An afternoon public meeting will be held at 2 p.m. at the Newton Memorial Branch Library located at 22 Coles Point Road, Hague, VA 22469. An evening meeting will be held at the Cooper Memorial Branch Library located at 20 Washington Ave., Colonial Beach, VA 22443.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation are announcing a study to restore water quality for a shellfish growing area, two public meetings, and a public comment opportunity following the meeting (expiring on February 22, 2011).

Meeting description: Meeting will provide the public with information gathered to date for the study to include information on the pollutant, monitoring data from Virginia Department of Health, Division of Shellfish Sanitation, and possible bacteria sources in the watershed (non-point and point sources).

Description of study: Virginia agencies are working to identify sources of bacteria contamination in the shellfish growing waters of the following waterways: Rosier Creek, Currioman Creek, Nomini Creek, Pierce Creek, Poor Jack Creek, Davis Creek, Jules Creek, Matthews Cove, and North Prong of Buckner Creek. These streams are impaired for failure to meet the designated use of shellfish consumption because of bacteria water quality standard violations.

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. 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 February 22, 2011.

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 margaret.smigo@deq.virginia.gov.

Total Maximum Daily Loads for the North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek watersheds in Nelson County

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 total maximum daily loads (TMDLs) for the North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek watersheds in Nelson County. The tributaries of the Rockfish were listed on the 2004 and 2006 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria; in addition, Taylor Creek was listed in 2008 as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The bacteria impairment on the North Fork Rockfish begins in the headwaters and extends 7.2 miles to its confluence with the Rockfish River. The South Fork Rockfish bacterial impairment extends 11.6 miles from its headwaters to its confluence with the mainstem Rockfish River. The bacteria impairment on the Rockfish River extends from the confluence of its North and South Forks to its confluence with Davis Creek, which is a total of 6.5 miles. The benthic impairment on Taylor's Creek extends 5 miles from its headwaters to the confluence with North Fork Perry Creek.

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.

The first public meeting on the development of these TMDLs will be held on Wednesday, January 19, 2011, 7 p.m., at Rockfish River Elementary School, 200 Chapel Hollow Road, Afton, VA 22920.

The public comment period for the first public meeting will end on February 18, 2011. 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, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Order

The following Director's Order of the State Lottery Department was filed with the Virginia Registrar of Regulations on December 15, 2010. The order may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Ninety-Five (10)

Virginia's Instant Game Lottery 1233; "Green Stuff" Final Rules for Game Operation (effective December 15, 2010)

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol 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 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

STATE BOARD OF ELECTIONS

Titles of Regulations: 1VAC20-40. Voter Registration (adding 1VAC20-40-70).

1VAC20-70. Absentee Voting (adding 1VAC20-70-10, 1VAC20-70-40, 1VAC20-70-50).

1VAC20-70. Absentee Voting (adding 1VAC20-70-30).

Publication: 27:8 VA.R. 732-735 December 20, 2010.

Correction to Proposed Regulation:

Public Hearing Information: Change "No public hearings are scheduled" to "January 12, 2011 - 10 a.m. - General Assembly Building, 910 Capitol Street, 4th Floor, 4-West Conference Room, Richmond, VA"

VA.R. Doc. No. R11-2626, 2685, 2686 Filed December 16, 2010