Agencies | Governor
Virginia Regulatory Town Hall
Natural Resources
Department of Environmental Quality
Air Pollution Control Board
Petition 3
Petition Information
Petition Title Permits for Stationary Sources - Major NSR (E03)
Date Filed 2/3/2003   
Petitioner Virginia Manufacturers Association 
Petitioner's Request

"Pursuant to Section 2.2-4007(A) of the Code of Virginia, the undersigned, at the request of the Virginia State Dairy Goat Association, Inc., hereby petitions this agency to amend 2 VAC 5-140-100(B) and (C) under Chapter 140, Health Requirements Governing the Admission of Livestock, Poultry, Companion Animals, and Other Animals or Birds into Virginia, for the following reasons:

Under Section 3.1-726(A), Code of Virginia, the Board has the authority to adopt regulations as may be necessary to eradicate and prevent the spread of contagious and infectious diseases such as tuberculosis and Bangs abortion disease (brucellosis). Cattle for dairy or breeding purposes, under 2 VAC 5-140-50(A)(1) and (B)(3)(a), may enter the Commonwealth without tuberculosis and brucellosis testing if they originate from a certified tuberculosis-free area and a brucellosis-free state. However, 2 VAC 5-140-100(B) and (C) states that goats for dairy or breeding purposes may enter the Commonwealth only if they are individually tested for tuberculosis and brucellosis within 30 days of entry or originate from a herd in which all animals tested negative for tuberculosis and brucellosis within 12 months prior to entry.

Yet goats are not nearly as susceptile to tuberculosis and brucellosis as are cattle. In fact, many states no longer require the testing of goats for these two diseases before entry. Certainly the testing of goats entering Virginia from areas and states free of tuberculosis and brucellosis is not necessary as it has been determined already that it is not necessary even for cattle. Such nonessential testing creates an unreasonable economic burden which adversely impacts the dairy goat industry here in Virginia, especially with respect to exhibition animals which enter the state for a day or two and then return home.

Petitioner therefore asks the agency to amend 2 VAC 5-140-100(B) and (C) so that the regulations pertaining to goats conform to the same requirements as cattle entering the state from an area or state free of tuberculosis and brucellosis."

Agency's Plan

At the first available meeting of the State Air Pollution Control Board following the end of the comment period, the Board will make a decision on whether to grant the petition request or deny the petition request.

NOTE: All comments must be in writing and reference the specific petition number to which they are responding. This petition number is "E03."

Comments may be submitted by mail, facsimile transmission, or email, and must be submitted to the agency contact identified below. Comments by facsimile transmission will be accepted only if followed by receipt of the signed original within one week. Comments by email will be accepted only if the name, address, and phone number of the commenter are included. All testimony, exhibits and documents received are matters of public record.

Comment Period Ended 6/9/2003
Agency Decision Initiate a regulatory change    
Response Date Petition result not yet submitted for Publication.       Submit to Registrar
Agency Decision Summary

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Associated regulatory action Major New Source Review Reform (Rev. E03) - NEW FINAL
Latest Stage: Final