# GENERAL NOTICES/ERRATA

Volume 31, Issue 25 Virginia Register of Regulations August 10, 2015

2441 GENERAL NOTICES/ERRATA DEPARTMENT OF AGRICULTURE AND CONSUMER

SERVICES
Notice of Periodic Review 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 Department of Agriculture and Consumer Services is currently reviewing each of the regulations listed below to determine whether the regulation should be repe aled, amended, or retained in its current form. The review of each regulation will be guided by the principles in Executive Order 17 (2014). Public comment is sought on the review of any issue relating to each regulation, including 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 appl icable law; and (iii) is clearly written and easily understandable.

2VAC5

- 11, Public Participation Guidelines Agency Contact: Erin Williams, Senior Policy Analyst

, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, V A 23218 , t elephon e ( 804 ) 786

- 7157

, FAX ( 804 ) 371

- 7679 , or e mail erin.williams@vdacs.virginia.gov.

2VAC5

- 80, Requirements Governing the Branding of Cattle in Virginia

2VAC5

- 190, Rules and Regulations Establishing a Monitoring Program for Avian Influenza and Other Poultry Di seases Agency Contact: Dr. Charles Broaddus, Program Manager, Office of Veterinary Services , Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, V A 23218

, t elephone ( 804 ) 786

- 4560, FAX ( 804 ) 371

- 2380, or email charles.broaddus@vdacs.v irginia.gov.

2VAC5

- 240, Rules and Regulations for Enforcement of the Grain Handlers Law Agency Contact: Randy Sanford, Grain Law Supervisor

, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, V A 23218

, t elephone ( 804 ) 786

- 3939, FAX ( 804 ) 371

- 7785, or email randy.sanford@vdacs.virginia.gov.

2VAC5

- 270, Virginia Grade Standards for Breeder Swine Agency Contact: Michael Carpenter, Program Manager, Livestock Marketing Services

, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, V A 23218

, t elephone ( 804 ) 786

- 0577

, FAX ( 804 ) 371

- 0247 , or email mike.carpenter@vdacs.virginia.gov.

2VAC5

- 316 , Rules and Regulations for Enforcement of the Virginia Pest Law

- Beach Vitex Quarantine 2VAC5

- 350 , Rules and Regulations for the Enforcement of the Virginia Commission Merchant Law

2VAC5

- 360 , Regulations for the Enforcement of the Virginia Commercial Feed Act Agency Contact: Larry Nichols, Director, Division of Consumer Protection

, Department of Agriculture and Consumer Services, P .O. Box 1163, Richmond, V A 23218

, t elephone ( 804 ) 786

- 3523

, FAX ( 804 ) 371

- 7479 , or e mail larry.nichols@vdacs.virginia.gov. The comment period begins August 10 , 2015, and ends August 31 , 2015.

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 publi shed in the Virginia Register of Regulations.

AIR POLLUTION CONTROL BOARD State Implementation Plan Revision

- General Definitio ns (9VAC5

- 10, Revision E14) 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 ambie nt air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation 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 of the board affected by this action is General Definitions, 9VAC5

- 1 0 (Revision E14). Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revisi on to the SIP. Public comment period: 30

- day comment forum August 10

, 2015, t hrough September 9, 2015. Public hearing: A public hearing may be conducted if a request is made in wri ting to the contact listed at the end of this notice . 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 the last day of the comment period. No tice 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.

# General Notices/Errata

Volume 31, Issue 25 Virginia Register of Regulations August 10, 2015

2442 Public comment stage: The regulation amendments are exempt from the state administrative proce dures 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 d iffer 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: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning the definition of volatile organic compound (VOC). The list of substances not considered to be VOC s in Virginia has been revised to include 2

- amino

- 2

- methyl

- 1

- propanol, which EPA removed from the definition of VOC on March 27, 2014

, (79 FR 17037) based on a demonstration that the substance is less reactive and does not affect the formation of ozone.

Fe deral 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 Commonwealt h 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 the last day of the comment period. All comments, exhibits and documents received are pa rt of the public record. To review regulation documents: The proposal and supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla nsandprograms.aspx. The documents ma y 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:
1) Main Street Offic e, 8th Floor, 629 E ast Main St reet , Richmond

, VA, telephone ( 804 ) 698

- 4070, 2) Southwest Regional Office, 355 Deadmore St reet , Abingdon

, VA, telephone (276) 676

- 4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek R oa d, Roanoke

, VA, t elephone ( 540 ) 562

- 6700, 4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake R oa d, Lynchburg

, VA, telephone (434) 582

- 5120, 5) Valley Regional Office, 4411 Early R oa d, Harrisonburg

, VA, telephone ( 540 ) 574

- 7800, 6) Piedmont Regional Office, 4949

- A Cox R oa d, Glen Allen

, VA, telephone ( 804 ) 527

- 5020, 7) Northern Regional Office, 13901 Crown Court, Woodbridge

, VA, telephone ( 703 ) 583

- 3800, and 8) Tidewater Regional Office, 5636 Southern B ou l e v ar d, Virginia Beach

, VA, telephone ( 757 ) 51 8

- 2000.

Contact Information: Karen G. Sabasteanski, 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

.

CHARITABLE GAMING BOARD
Notice of Periodic Review and S mall Business

Impact Review
Pursuant to Executive Order 17 (2014) and §§ 2.2

- 4007.1 and 2.2

- 4017 of the Code of Virginia, the Charitable Gaming Board is conducting a periodic review and small business impact review of 11VAC15

- 13, Public Participation Guide lines

. The review of this regulation will be guided by the principles in Executive Order 17 (2014). The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including 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 econo mic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable. The comment period begins August 10, 2015, and ends August 31, 2015. Comments may be submitted onlin e to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Michael Menefee, Program Manager, Office of Charitable and Regulatory Programs

, Charitable Gaming Board, P.O. Box 1163, Richmond, V A 23218

, t elephone ( 804 ) 786

- 3983

, FAX ( 804 ) 371

- 7479

, or email michael.menefee@vdacs.virginia.gov.

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