Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Pesticide Control Board intends to consider promulgating the following regulations: 2VAC20-60, Regulations for Pesticide Containers and Containment Under Authority of the Virginia Pesticide Control Act. These new regulations will be equivalent to Part 165 of Title 40 of the Code of Federal Regulations, Pesticide Management and Disposal. The regulations will establish standards for (i) container design and residue removal in nonrefillable pesticide containers, (ii) container design in refillable pesticide containers, (iii) repackaging pesticide products into refillable containers, and (iv) pesticide containment structures. The promulgation of Virginia's own regulations will allow more flexibility and greater discretion in the enforcement of pesticide container and containment requirements based on Virginia's unique needs and conditions.

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

Statutory Authority: § 3.2-3906 of the Code of Virginia.

Public Comment Deadline: April 27, 2011.

Agency Contact: Erin Williams, Policy and Planning Coordinator, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1308, FAX (804) 371-7479, TTY (800) 828-1120, or email erin.williams@vdacs.virginia.gov.