Vol. 25 Iss. 7 - December 08, 2008



Periodic Review of Regulations

Pursuant to Executive Order ("EO") 36 (2006), the Virginia Department of Agriculture and Consumer Services, on behalf of the Board of Agriculture and Consumer Services, will review certain of its existing regulations to determine whether the regulations should be terminated, amended or retained in their current form. The review of the regulations will be guided by the principles set out in EO 36.  EO 36 encourages consideration of whether (i) the regulations protect 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 regulations are based on the best reasonably available scientific, economic and other information; (iv) the regulations are designed to achieve their intended objective in the most efficient, cost-effective manner; (v) the regulations are clearly written and easily understandable by the individuals and entities affected; and (vi) the regulations have been developed in accordance with laws relating to the impact of regulations on small businesses.  Comments should be addressed to the person identified below as the contact person for the regulation.  The deadline for receipt of comments is December 29, 2008.

2VAC5-40, Rules and Regulations Governing the Prevention, Control and Eradication of Bovine Tuberculosis in Virginia.  Contact: Colleen Calderwood, DVM

2VAC5-170, Rules and Regulations for the Registration of Poultry Dealers.  Contact: Colleen Calderwood, DVM

2VAC5-190, Rules and Regulations Establishing a Monitoring Program for Avian Influenza and Other Poultry Diseases.  Contact: Colleen Calderwood, DVM

2VAC5-260, Regulations Establishing the Virginia Quality Label. Contact: Charles Green

2VAC5-310, Rules and Regulations - Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law.  Contact: Thomas H. Smith

2VAC5-540, Rules and Regulations Pertaining to Carbonated and Still Water Bottling Plants and Beverages.  Contact: James A. Morano

Agency contacts:

Colleen Calderwood, DVM, Program Manager, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-2483, FAX (804) 371-2380, TTY (800) 828-1120, email

Charles Green, Director, Division of Marketing, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-5447, FAX (804) 225-4539, TTY (800) 828-1120, email

Thomas H. Smith, Agriculture and Consumer Services Supervisor, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3548, FAX (804) 371-7785, TTY (800) 828-1120, email

James A. Morano, Review and Compliance Officer, Virginia Department of Agriculture and Consumer Services, 102 Governor Street, Richmond, VA 23219, telephone (804) 786-3520, FAX (804) 371-7792, TTY (800) 828-1120, email


Total Maximum Daily Load - Accotink Creek

Announcement of a total maximum daily load (TMDL) study to restore water quality in a portion of Accotink Creek that has an aquatic life use impairment.

Purpose of notice: The Virginia Department of Environmental Quality (DEQ) and the Virginia Department of Conservation and Recreation announce the first technical advisory committee (TAC) meeting to introduce the Accotink Creek Benthic TMDL study.

Technical advisory committee meeting: Monday, December 15, 2008, 1 p.m. - 3 p.m., Fairfax County Government Center, 12000 Government Center Parkway, Conference Rooms 2 and 3, Fairfax, VA 22035.

Meeting description: This is the first meeting to introduce this project to 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: A portion of Accotink Creek has been identified as impaired on the Clean Water Act § 303(d) list for not supporting the aquatic life use due to poor health in the benthic biological community.  Virginia agencies are working to identify the benthic stressors causing the aquatic life use impairment on Accotink Creek.  The Accotink Creek watershed covers both the City of Fairfax and Fairfax County.  Below is a description of the impaired portion of Accotink Creek that will be addressed in this study:

Stream Name

Watershed Location


Area (miles)

Upstream Limit

Downstream Limit

Accotink Creek

Fairfax County

Fairfax City

Aquatic Life Use Benthic Macroinvertebrates


Confluence of Accotink Creek with Calamo Branch

Start of the tidal waters of Accotink Bay

During the study, DEQ will develop a total maximum daily load, or a TMDL, for the impaired watershed.  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 December 15, 2008, to January 20, 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, Virginia Department of Environmental Quality, 13901 Crown Court, Woodbridge, VA 22193, telephone (703) 583-3804, or email


Periodic Review of Regulations

Pursuant to Executive Order Number 36 (2006), the Department of Social Services is currently reviewing 22VAC40-100, Minimum Standards For Licensed Child Caring Institutions, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 36 (2006) and in the department’s Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation’s interference in private enterprise and life, essential need of the regulations, less burdensome and intrusive alternatives to the regulations, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until December 29, 2008, in care of Joni Baldwin, Program Development Consultant, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, by facsimile to (804) 726-7132, or email


Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on November 12, 2008. The orders may be viewed at the State Lottery Department, 900 East 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 Fifty-Eight (08)

Virginia's Instant Game Lottery 1068; "Win It All" (effective 11/6/08)

Director's Order Number Fifty-Nine (08)

Virginia's Instant Game Lottery 1086; "Lucky 8's" (effective 11/6/08)

Director's Order Number Sixty (08)

Virginia's Instant Game Lottery 1087; "$250K High Roller" (effective 11/6/08)

Director's Order Number Sixty-One (08)

Virginia's Instant Game Lottery 1088; "Blazin' Red Hot Cash" (effective 11/6/08)

Director's Order Number Sixty-Two (08)

Virginia's Instant Game Lottery 1092; "Hit $500!" (effective 11/6/08)

Director's Order Number Seventy (08)

Virginia's Instant Game Lottery 1095; "Money Mania" (effective 11/6/08)

Director's Order Number Seventy-One (08)

Virginia's Instant Game Lottery 1096; "Tax Free $100,000" (effective 11/6/08)

Director's Order Number Seventy-Two (08)

Virginia's Instant Game Lottery 1099; "Find The 9's" (effective 11/6/08)

Director's Order Number Seventy-Three (08)

Virginia's Instant Game Lottery 1100; "Spicy Hot Doubler" (effective 11/6/08)

Director's Order Number Seventy-Four (08)

Virginia's Instant Game Lottery 1090; "Stacks of Cash" (effective 11/6/08)

Director's Order Number Seventy-Five (08)

Virginia's Instant Game Lottery 1093; "Sizzlin 7's" (effective 11/6/08)

Director's Order Number Seventy-Six (08)

Virginia's Instant Game Lottery 1098; "Double It" (effective 11/6/08)

Director's Order Number Eighty-One (07)

Virginia's Eighteenth On-Line Game; "Virginia's New Year Millionaire Raffle" (effective 11/12/08)


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.



Final Regulation

Title of Regulation: 18VAC10-20. Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects Regulations.

Publication: 25:3 VA.R. 397-407 October 13, 2008.

Correction to Final Regulation:

Page 401, in 18VAC10-20-310 C 4, line 3, change "§ 54.1-1700" to "§ 55-287"

VA.R. Doc. No. R06-86; Filed November 2008


** Suspension of Regulatory Process 25:3

* Errata 24:6