PETITIONS FOR RULEMAKINGVol. 26 Iss. 5 - November 09, 2009
TITLE 2. AGRICULTURE
PESTICIDE CONTROL BOARD
Initial Agency Notice
Title of Regulation: 2VAC20-51. Regulations Governing Pesticide Applicator Certification Under Authority of Virginia Pesticide Control Act.
Statutory Authority: § 3.2-3931 of the Code of Virginia.
Name of Petitioner: Cecil R. Harris, Jr., County Administrator, Hanover County; Kimberly A. Hynes, Executive Director, Central Virginia Waste Management Authority.
Nature of Petitioner's Request: Requesting that certain government employees who utilize FIFRA 25(b) minimum-risk pesticide products be exempt from the applicator certification requirements of the Virginia Pesticide Control Act when the only intended use of those products is to prevent immediate personal harm from stinging or biting insects.
Agency's Plan for Disposition of the Request: Agency will consider this request at its next quarterly meeting following the comment period.
Public comments may be submitted until December 1, 2009.
Agency Contact: Liza Fleeson, Program Manager, Office of Pesticide Services, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 371-6559, FAX (804) 786-9149, or email liza.fleeson.vdacs.virginia.gov.
VA.R. Doc. No. R10-20; Filed October 20, 2009, 11:55 a.m.
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TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Initial Agency Notice
Title of Regulation: 9VAC25-260. Water Quality Management Planning Regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Name of Petitioner: Town of Urbanna.
Nature of Petitioner's Request: To amend the State Water Quality Standards Regulation (9VAC25-260) to designate Urbanna Creek from its mouth to its headwaters and all tributaries as Exceptional State Waters (Tier 3).
Agency's Plan for Disposition of the Request: Public comment will be accepted until November 30, 2009. The State Water Control Board will consider whether or not to move forward with the rulemaking at their first regular meeting of 2010.
Public comments may be submitted until November 30, 2009.
Agency Contact: David C. Whitehurst, Environmental Specialist I, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4121, FAX (804) 592-5482, or email david.whitehurst@deq.virginia.gov.
VA.R. Doc. No. R10-25; Filed October 19, 2009, 3:22 p.m.
Initial Agency Notice
Title of Regulation: 9VAC25-720. Water Quality Management Planning Regulation.
Statutory Authority: § 62.1-44.15 of the Code of Virginia.
Name of Petitioner: L. Waverly Smith, Environmental Engineer.
Nature of Petitioner's Request: By letter dated October 9, 2009 - Amend the Water Quality Management Planning Regulation (9VAC25-720-60 C, James River Basin), regarding the total nitrogen (TN) and total phosphorus (TP) waste load allocations (WLAs) for the DuPont-Spruance facility (VPDES Permit #VA0004669; General Permit #VAN040079). Current nutrient WLAs are TN = 201,080 lb/yr; TP = 7,816 lb/yr, based on a discharge flow of 23.33 million gallons per day (MGD). DuPont-Spruance presents two amendment options: (i) allow determination of compliance with the existing WLAs at Outfall 001 based on just the loads attributable to manufacturing processes on the site, "netting" out nutrient content of the raw intake water pumped from the James; (ii) amend the WLAs to TN = 197,390 lbs/yr (a 3,690 lb/yr decrease) and TP = 11,840 lbs/yr (a 4,025 lb/yr increase), based on: (a) relocating the compliance monitoring point from combined Outfall 001 to internal process Outfall 101, thereby eliminating contributions of noncontact cooling water and storm water from the regulated discharge flow; (b) achieving nutrient reduction treatment (NRT) equivalent to POTW enhanced NRT (70-75% removal); (c) setting design flow of the process wastewater system at 12.96 MGD, based on maximum effluent pumping capacity out of the treatment lagoons.
Agency's Plan for Disposition of the Request: Public-notice receipt of the petition and provide for a 21-day public comment period. Upon close of the public comment period, review any comments received and then make a decision to either initiate a rulemaking or place the petition on the board's next meeting agenda for their consideration.
Public comments may be submitted until November 30, 2009.
Agency Contact: John M. Kennedy, Chesapeake Bay Program Manager, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4312, toll free (800) 592-5482, or email john.kennedy@deq.virginia.gov.
VA.R. Doc. No. R10-19; Filed October 19, 2009, 3:22 p.m.
