Vol. 39 Iss. 12 - January 30, 2023

Chapter 192
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board intends to consider amending 9VAC25-192, Virginia Pollution Abatement (VPA) Regulation and General Permit for Animal Feeding Operations and Animal Waste Management. The purpose of the proposed action is to reissue and amend, as necessary, the existing general permit associated with the regulation. This regulation governs the pollutant management activities of animal wastes at animal feeding operations not covered by a Virginia Pollutant Discharge Elimination System Permit and animal waste utilized or stored by animal waste end-users. These animal feeding operations may operate and maintain treatment works for waste storage, treatment, or recycling and may perform land application of manure, wastewater, compost, or sludges. The general permit is the primary permit mechanism used to cover animal feeding operations that confine livestock, such as swine and dairy and beef cattle. During this action, language will be amended to update the incorporation by reference date of Title 40 of the Code of Federal Regulations references in the regulation as necessitated by changes to the federal rules.

This action is primarily to reissue the existing general permit, and significant changes are not expected. The following items will be considered in the development of a regulatory proposal: (i) groundwater monitoring technology has greatly improved over the years. These improvements have led to more robust methods and techniques for determining if groundwater contamination is occurring while enabling improved methods for determining sources of contamination. The current regulation does not provide for the use of modern groundwater monitoring technology and techniques. This regulatory action will consider the addition of language that would provide options for groundwater monitoring to include modern technology; (ii) the continuation of permit coverage language will be amended to remove the dates and to make it consistent with language in the VPA regulation and General Permit for Poultry Waste Management; and (iii) other amendments may be considered by the board based on comments received in response to this notice and discussions of the technical advisory committee.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 62.1-44.15 of the Code of Virginia.

Public Comment Deadline: March 31, 2023.

Agency Contact: Betsy Bowles, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1913, FAX (804) 698-4178, or email

VA.R. Doc. No. R23-7432; Filed December 28, 2022