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 Governing Pesticide Containers and Containment Under Authority of the Virginia Pesticide Control Act. The purpose of the proposed action is to create new Virginia regulations that will be equivalent to 40 CFR Part 165 regarding pesticide management and disposal. The regulations will establish standards for container design and residue removal in nonrefillable pesticide containers, container design in refillable pesticide containers, repackaging pesticide products into refillable containers, and 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; 40 CFR Part 165.

Public Comment Deadline: Public comments may be submitted until January 6, 2010.

Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 372-6371 ext: 559, FAX (804) 786-9149, or email liza.fleeson@vdacs.virginia.gov.