NOTICES OF INTENDED REGULATORY ACTION
Vol. 28 Iss. 15 - March 26, 2012

TITLE 4. CONSERVATION AND NATURAL RESOURCES
Stormwater Management Regulations
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Soil and Water Conservation Board intends to consider amending 4VAC50-60, Stormwater Management Regulations. The purpose of the proposed action is to consider amendments to the applicable portions of the Virginia Soil and Water Conservation Board’s Virginia Stormwater Management Program (VSMP) Permit Regulations in order to reauthorize and amend the general permit for stormwater discharges from small municipal separate storm sewer systems (small MS4s). The existing five-year general permit became effective on July 9, 2008; thus, a new general permit must be adopted before the July 8, 2013, expiration date.

The changes may include, but are not limited to, (i) incorporation of water quality requirements for impaired waters and total maximum daily loads (TMDLs) including monitoring requirements, consistency requirements with other regulations such as erosion and sediment control, chemical application, and handling requirements; and (ii) minimum prescriptive measures regarding public notification and reporting. The permit will also consider implementation of new stormwater management technical criteria for post development (including compliance with water quality and quantity standards set out in Part II (4VAC50-60-40 et seq.) and compliance with Part III (4VAC50-60-100 et seq.)) and permit requirements for compliance with the Chesapeake Bay TMDL.

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

Statutory Authority: §§ 10.1-603.2:1 and 10.1-603.4 of the Code of Virginia.

Public Comment Deadline: April 25, 2012.

Agency Contact: David C. Dowling, Policy and Planning Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786-2291, FAX (804) 786-6141, or email david.dowling@dcr.virginia.gov.

VA.R. Doc. No. R12-3136; Filed March 6, 2012, 1:25 p.m.
TITLE 9. ENVIRONMENT
General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants
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 9VAC25-860, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Potable Water Treatment Plants. The purpose of the proposed action is to establish appropriate and necessary permitting requirements for discharges of wastewater from potable water treatment plants. The existing general permit expires on December 23, 2013, and must be reissued to be available after that date. The proposed regulation will contain standard language for effluent limitations and monitoring requirements necessary to regulate this category of dischargers.

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: April 25, 2012.

Agency Contact: Elleanore M. Daub, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4111, FAX (804) 698-4032, or email elleanore.daub@deq.virginia.gov.

VA.R. Doc. No. R12-3134; Filed March 6, 2012, 1:23 p.m.
TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Regulations Governing the Practice of Pharmacy
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to consider amending 18VAC110-20, Regulations Governing the Practice of Pharmacy. The purpose of the proposed action is to modify or eliminate the current requirement that bulk bins in an automated counting device be "run dry" every 60 days. The requirement to allow the bins to "run dry" every 60 days to prevent expired drugs from dispensed is probably not necessary to protect public health and safety. In modifying the regulation, the board will consider safeguards that would ensure expired or recalled drugs are not being dispensed to patients. If the technology of the device can ensure drugs in a particular lot have been cleared out of the machine, it might not be necessary to dispose of all drugs in a bin to which a recalled lot has been added. If not, and if multiple lots are in a bin, the drugs may have to be removed and not used for patient care if there is a recall on any of the lots. Additionally, the regulation may require regular emptying and cleaning of the device to avoid an accumulation of drug residue that might affect the efficacy of the drugs or the accuracy of the dispensing. In considering modification to or elimination of the "run-dry" regulation, the board will include requirements in the best interest of public health and safety in prescription medications.

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

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Comment Deadline: April 25, 2012.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4416, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

VA.R. Doc. No. R12-3083; Filed February 23, 2012, 2:06 p.m.