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 promulgating the following regulations: 9VAC25-800, General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Pesticide Discharges. The purpose of the proposed action is to develop and issue a VPDES general permit for discharges from pesticides applied (i) directly to surface waters to control pests or (ii) to control pests that are present in or over, including near, surface waters. This general permit regulation is necessary to comply with court ordered requirements for the federal Environmental Protection Agency and states to issue National Pollutant Discharge Elimination System permits for both chemical pesticide applications that leave a residue or excess in water and all biological pesticide applications that are made in or over, including near, waters of the United States.

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

Statutory Authority: § 62.1-44.1 of the Code of Virginia; § 402 of the federal Clean Water Act.

Public Comment Deadline: June 18, 2010.

Agency Contact: William K. Norris, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4022, FAX (804) 698-4347, or email william.norris@deq.virginia.gov.