Agencies | Governor
Virginia Regulatory Town Hall
Agency
Virginia Department of Health
Board
State Board of Health
chapter
Recreational Water Advisories [Under Development] [12 VAC 5 ‑ 135]
Action:
Establish Regulations for Recreational Water
 
General Information
Action Summary Regulations will be promulgated within the Virginia Administrative Code to establish the Virginia Department of Health’s (VDH) role in issuing and lifting recreational water advisories based on the Beach Action Value (BAV). The BAV is the concentration of an indicator organism equal to or above which beach advisories shall be issued and below which beach advisories shall be lifted. The regulation will include procedures for issuing and lifting beach advisories. Currently, beach advisories are issued by VDH, however, the authority lies within the Department of Environmental Quality’s (DEQ) regulation 9VAC25-260-170. DEQ is promulgating a revision of this regulation which would remove 9VAC25-260-170(A)(5) which reads: “For beach advisories or closures, a single sample maximum of 235 E. coli CFU/100 ml in freshwater and a single sample maximum of 104 enterococci CFU/100 ml in saltwater and transition zones shall apply.” In order for VDH to continue to manage beach advisories in recreational water, promulgation of the proposed regulation is necessary in the VDH section of the Virginia Administrative Code. The proposed regulation will be promulgated in 12VAC5-135. Substantive changes include the removal of individual reference values for the single sample maximum (235 E. coli CFU/100 ml in freshwater and 104 enterococci CFU/100 ml in saltwater and transition zones) and establishing in the new regulation reference to a BAV. The BAV will be maintained in the VDH Beach Monitoring and Notification Protocol. The BAV threshold is set at 104 enterococci CFU/100 ml in salt water and transition zones. There is no established VDH monitoring protocol for E. coli in recreational fresh water for the issuance of advisories.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [005588]
Note This action is not intended to satisfy the requirement that an entire regulation be reviewed every 4 years.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
8505 Fast-Track Governor's office review in progress.
 
Contact Information
Name / Title: Joseph Hilbert  / Deputy Commissioner, Govt & Reg Affairs
Address: Virginia Department of Health
109 Governor Street
Richmond, VA 23219
Email Address: joe.hilbert@vdh.virginia.gov
Phone: (804)864-7001    FAX: (804)864-7022    TDD: ()-

This person is the primary contact for this board.