Vol. 38 Iss. 3 - September 27, 2021

Chapter 800
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 9VAC25-800, Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for Discharges Resulting from the Application of Pesticides to Surface Waters. The purpose of the proposed action is to reissue and amend as necessary the existing Virginia Pollutant Discharge Elimination System (VPDES) general permit regulation that addresses discharges resulting from the application of pesticides to surface waters. The general permit establishes limitations and monitoring requirements for point source discharges from specified pesticide applications. The effluent limits and the special conditions in the general permit will be reviewed to ensure that the permit is still protective of water quality. The primary issue that needs to be addressed is that the existing general permit expires on February 29, 2024, and must be reissued in order to continue making a general permit available after that date. Some issues that may need to be addressed include (i) reviewing effluent limitations and monitoring requirements; (ii) examining electronic reporting when this is made available for this industry; (iii) reviewing total maximum daily load requirements; (iv) reviewing special conditions to ensure the special conditions are updated and protective of water quality; and (v) making appropriate conforming changes based on the U.S. Environment Protection Agency's most recent Pesticide General Permit.

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; § 402 of the federal Clean Water Act.

Public Comment Deadline: October 27, 2021.

Agency Contact: Peter Sherman, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4044, FAX (804) 698-4032, or email

VA.R. Doc. No. R22-6928; Filed September 07, 2021