Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider promulgating 2VAC5-317, Regulations for Enforcement of the Noxious Weed Law. The purpose of the proposed action is to (i) establish a list of plants deemed by the board to be noxious weeds, (ii) prohibit the movement of noxious weeds or articles capable of transporting noxious weeds into or within the Commonwealth, and (iii) provide guidelines for the eradication of noxious weeds.

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

Statutory Authority: § 3.2-802 of the Code of Virginia.

Public Comment Deadline: December 21, 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.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Agriculture and Consumer Services intends to consider promulgating 2VAC5-321, Regulation of the Harvest of Ginseng. The purpose of the proposed action is to establish regulations for the harvest and sale of American ginseng plants and parts.

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

Statutory Authority: § 3.2-1002 of the Code of Virginia.

Public Comment Deadline: December 21, 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.

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 9VAC25-91, Facility and Aboveground Storage Tank (AST) Regulation. These regulations are necessary to prevent pollution of state waters, lands, and storm drain systems from the discharge of oil from new and existing aboveground storage tanks. The regulations include (i) registration requirements for registration of facilities and individual petroleum aboveground storage tanks located within the Commonwealth; (ii) standards and procedures to prevent pollution from new and existing aboveground storage tanks; and (iii) requirements for the development of facility oil discharge contingency plans for facilities with an aggregate capacity of 25,000 gallons or greater of oil. The goals of this regulatory action are to improve the clarity of the regulation, make the requirements more easily understandable by the individuals and entities affected, and bring applicable portions of the regulation into conformity with related laws, federal regulations, and current industry standards. This regulatory action will include revisions that address performance standards for certain aboveground storage tanks that are required by Chapter 884 of the 2011 Acts of Assembly.

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

Statutory Authority: §§ 62.1-44.15, 62.1-44.34:15, 62.1-44.34:15.1, and 62.1-44.34:19.1 of the Code of Virginia.

Public Comment Deadline: January 23, 2012.

Agency Contact: Melissa Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email melissa.porterfield@deq.virginia.gov.

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 9VAC25-260, Water Quality Standards. The purpose of the proposed action is to amend the state's antidegradation policy (9VAC25-260-30), part of the Water Quality Standards, by designating as exceptional state waters (9VAC25-260-30 A 3 c) a segment of Bull Run from the confluence of Little Bull Run (locally known as Catharpin Run) downstream to the crossing of Interstate 66. The exceptional state waters category of the antidegradation policy allows the board to designate waters that display exceptional environmental settings and either exceptional aquatic communities or exceptional recreational opportunities for added protection. Once designated, the antidegradation policy provides that no water quality degradation would be allowed in the exceptional state waters (i.e., no new, additional, or increased point source discharge of sewage, industrial wastes, or other pollution, including storm water, would be allowed into waters designated exceptional state waters). The only exception would be temporary, limited impact activities. By ensuring that no water quality degradation is allowed to occur in waters with exceptional environmental settings and either exceptional recreational opportunities and/or exceptional aquatic communities, the board is protecting these special waters at their present quality for use and enjoyment by future generations of Virginians.

The agency does not intend 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; federal Clean Water Act (33 USC § 1251 et seq.); 40 CFR Part 131.

Public Comment Deadline: January 3, 2012.

Agency Contact: David C. Whitehurst, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804) 698-4116, or email david.whitehurst@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board has WITHDRAWN the Notice of Intended Regulatory Action for 9VAC25-720, Water Quality Management Planning Regulation, which was published in 25:8 VA.R. 1483 December 22, 2008. The need for regulatory action has been superseded by State Water Control Board action that revised the total nitrogen waste load allocation for Fauquier County Water and Sewer Authority - Vint Hill.

Agency Contact: John M. Kennedy, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, FAX (804) 698-4116, TTY (804) 698-4021, or email jmkennedy@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board has WITHDRAWN the Notice of Intended Regulatory Action for 9VAC25-720, Water Quality Management Planning Regulation, which was published in 25:23 VA.R. 4188 July 20, 2009. The need for regulatory action has been superseded by State Water Control Board action amending the regulation to conform the wasteload allocation for Fauquier County WSA's Vint Hill plant to that established in the EPA-issued Chesapeake Bay TMDL.

Agency Contact: Alan E. Pollock, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4002, FAX (804) 698-4116, or email alan.pollock@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Water Control Board has WITHDRAWN the Notice of Intended Regulatory Action for 9VAC25-720, Water Quality Management Planning Regulation, which was published in 25:26 VA.R. 4466 August 31, 2009. This rulemaking is being withdrawn due to the time that has elapsed since the rulemaking was initiated. If action is considered necessary in the future, a new rulemaking will be initiated.

Agency Contact: Arthur Butt, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4314, FAX (804) 698-4116, or email arthur.butt@deq.virginia.gov.

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Board of Pharmacy intends to amend 18VAC110-20, Regulations Governing the Practice of Pharmacy. The Board of Pharmacy received three petitions for rulemaking from hospital pharmacists requesting an amendment to subdivision 5 of 18VAC110-20-490, which provides requirements for automated devices for dispensing and administration of drugs. The petitioners requested less burdensome requirements for verification of storage, location, expiration dates, drug security, and validity of access codes. While the board agreed that the petition was reasonable and the specific requirements in subdivision 5 may need to be modified for consistency with current technology, it concluded that all of 18VAC110-20-490 should be examined for possible amendments that would ensure drug security and integrity but would make compliance less burdensome.

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

Statutory Authority: §§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Public Comment Deadline: December 21, 2011.

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.