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regulation should be repealed, amended, or retained in its 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 applicable 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, VA 23218, telephone (804) 786-7157, FAX 

(804) 371-7679, or email 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 Diseases

Agency Contact: Dr. Charles Broaddus, Program Manager, 

Office of Veterinary Services, Department of Agriculture and 

Consumer Services, P.O. Box 1163, Richmond, VA 23218,

telephone (804) 786-4560, FAX (804) 371-2380, or email 

charles.broaddus@vdacs.virginia.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, VA 23218, telephone (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, VA 23218,

telephone (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, VA 23218,

telephone (804) 786-3523, FAX (804) 371-7479, or email 

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 published in the Virginia Register of 

Regulations.

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - General 

Definitions (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 ambient 

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, 9VAC5-10 (Revision E14).

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: 30-day comment forum August 10, 

2015, through September 9, 2015.

Public hearing: A public hearing may be conducted if a 

request is made in writing 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. 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.
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 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: 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 VOCs 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.

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 the last 

day of the comment period. All comments, exhibits and 

documents received are part 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 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: 

1) Main Street Office, 8th Floor, 629 East Main Street, 

Richmond, VA, telephone (804) 698-4070, 

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (276) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700, 

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (434) 582-

5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg,

VA, telephone (540) 574-7800, 

6) Piedmont Regional Office, 4949-A Cox Road, 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 Boulevard, 

Virginia Beach, VA, telephone (757) 518-2000.

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 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 Charitable Gaming 

Board is conducting a periodic review and small business 

impact review of 11VAC15-13, Public Participation 

Guidelines.

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 economic 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 online 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, VA 23218,

telephone (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