### RE: Working Draft EPA's NPDES Pesticides General Permit Alan Tinney to: Jack Faulk 01/25/2010 03:01 PM

Cc: Tom Porta, Jon Palm, Alex Lanza , Jeryl Gardner, Charles Moses

Jack,

As per your request below, please consider the following comments to the "Working Draft EPA's NPDES Pesticides General Permit" from the Nevada Division of Environmental Protection (NDEP):

1- NDEP reserves the right to comment on the proposed "Working Draft EPA's NPDES Pesticides General Permit" at a future date based on the following information:

a- The Environmental Protection Agency (EPA) did not provide all the pertinent documents associated with this NPDES permit in order for NDEP for proper revision and comments. For example, a Factsheet, which is an essential document to the permit, was not made available.

b- The Environmental Protection Agency (EPA) did not provide NDEP with proper turn around time in order for the Division to make meaningful comments.

2- After reading the proposed document, NDEP is not clear about how "drift" situations will be addressed or if will be included in the permit.

a- NDEP would like to know more about EPA's reasoning on the "drift" issue and how it will be addressed in or excluded from the permit.

b- "Drift" seems to be against recommended use in all pesticide labels prohibit drift or request that applicators "avoid' drift, yet we know that some unintentional drift does occur.

c- In some instances we can prevent drift, utilizing best management practices - BMPs.

3- The short turn-around time for comments does not allow NDEP enough time to determine if treatment area thresholds established are reasonable and workable.

4- The short turn-around time for comments does not allow NDEP enough time to determine if other criteria might be more suitable for those entities required to file NOI's.

5- The short turn-around time for comments does not allow NDEP enough time to research the validity of scientific claims and rational on which this permit is based.

6- NDEP believes that "Tier - 3" prohibitions included in this permit are too restrictive and EPA should make provisions for reasonable alternatives to working in such areas. The same reasoning applies to working in or near "303d listed" waters.7- NDEP believes that establishing uniform monitoring, reporting and record keeping formats will be challenging.

8- NDEP believes that all different regulated industry groups - manufacturers, local regulatory agencies, department of agriculture, NRCS and applicators - should also be involved and fully considered when developing this program.

9- NDEP believes that "Aquatic Nuisance Animal Control" activities as defined in part 1.1.1 of the proposed "Working Draft EPA's NPDES Pesticides General Permit" should be left out of the permit.

Thanks

Alan Tinney, P.E. Nevada Division of Environmental Protection Bureau of Water Pollution Control 901 South Stewart Street Carson City, NV 89701 Phone: 775-687-9414 email: atinney@ndep.nv.gov

-----Original Message----- From: Faulk.Jack@epamail.epa.gov [mailto:Faulk.Jack@epamail.epa.gov] Sent: Wednesday, January 13, 2010 3:48 PM To: susan.sylvester@wisconsin.gov; tom.mugan@wisconsin.gov; wendy.turri@state.mn.us; ambrose.charles@tda.state.tx.us; antonio.rojas@tda.state.tx.us; bgarcia@tceq.state.tx.us; bill.taylor@oda.state.ok.us; brabe@nmda .nmsu.edu; brady_p@ldaf.state.la.us; burgess.cook@tda.state.tx.us; butch_s@ldaf.state.la.us; Carl.Parrott@deq.ok.gov; chamilton@nmda. nmsu.edu; cowen@nmda.nmsu.edu; cvaldez@nmda.nmsu.edu; dana.henderson@aspb.ar.gov; darryl.little@aspb.ar.gov; david.gipson@tda.state.tx.us; david.villarreal@tda.state.tx.us; david_f@ldaf.state.la.us; debbie.cunningham@oda.state.ok.us; deden@tceq.state.tx.us; don.molnar@oda.state .ok.us; ed.gage@tda.state.tx.us; "gerald.fulbright."@ar.gov; glenn.saums@state.nm.us; hschexnayder@ldaf.state.la.us; jason.baker@oda.state.ok.us; jason.robertson@aspb.ar.gov; jdykehouse@yahoo. com; jim.muse@tda.state.tx.us; jimmy.bush@tda.state.tx.us; jpeters@tceq.state.tx.us; kmills@tceq.state.tx.us; krila@tceq.state.tx.us; larry_l@ldaf.state.la.us; leslie.smith@tda.state.tx.us; lisa_g@ldaf.state.la.us; lsoward@tceq.state.tx.us; marty_p@ldaf.state.la.us; mike.mcmurry@tda.state.tx.us; mike.vandeventer@oda.state.ok.us; mlewis@nmda.nmsu.edu; mvickery@tceq.state.tx.us; randy.rivera@tda.state.tx.us; sancho.dickinson@oda.state.ok.us; scott.bray@aspb.ar.gov; SHAFII@adeq.state.ar.us; susie.nichols@aspb.ar.gov; tbagwell@nmda.nmsu.edu; tchenowe@tceq.state.tx.us; terry.peach@oda.state.ok.us; terry.walker@aspb.ar.gov; tim.knight@l a.gov; todd_p@ldaf.state.la.us; twitte@nmda.nmsu.edu; tyrone_d@ldaf.state.la.us; Chuck.Eckermann@Iowaagriculture.gov; Curt.Gateley@dnr.mo.gov; donna.garden@ndeq.state.ne.us; Gary.Meyer@kda.ks.gov; John.Brunnert@mda.mo.gov; kmuelden@kdhe.state.ks.us; mtate@kdhe.state.ks.us; pat.rice@ndeq.state.ne.us; refaat.mefrakis@dnr.mo.gov; rob.morrison@dnr.mo.gov; tom.atkinson@dnr.iowa.gov; bdirie@wyo.gov; brad.berven@state.sd.us; CBURGESS@utah.gov; games@mt.gov; gbracht@nd.gov; huhden@wy.gov; janet.kieler@state.co.us; jkennington@utah.gov; john.scott@ag.state.co.us; jwhitehead@utah.gov; kelli.buscher@state.sd.us; kjunkert@state.nd.us; mherkimer@utah.gov; alec.wong@doh.hawaii.gov; Alan Tinney; Christina.Y.Zimmerman@hawaii.gov; cmoses@agri.st.nv.us;conchita.taitano@epa.guam.gov ; c ph@ a zdeq

. g ov ; d aniel

. d ebra @ a zdeq.gov; davidrosario@deq.gov.mp; elena.vaouli@ gmail.com; francastro@deq.gov.mp; frankrabauliman@deq.gov.mp; ivan.quinata@epa.guam.gov; joanna.seto@doh.hawaii.gov; kgoh@cdpr .ca.gov; reinacamacho@deq.gov.mp; vojik.matt@gmail.com; willsili@hotmail.com; BARRINGTON@AGR.WA.GOV; ckirby@oda.state.or.us; Franci.Havemeister@alaska.gov; grobinso@agri.state.id.us; joje461@ecy .wa.gov; szylvian.andrea@epa.gov; tham.kan@epa.gov; janson.roger@epa .gov; kstang@gw.dec.state.ny.us; lee.corte-real@state.ma.us; elleanore.daub@deq.virginia.gov; robert.kubit@state.ma.us Subject: Working Draft EPA's NPDES Pesticides General Permit

All,

Attached is a copy of EPA's current working draft NPDES Pesticides General Permit (PGP) for your review and comment. First, we ask that you not share this draft, either electronically or in paper form, with others. This permit, by nature of the discharge, is not a typical NPDES permit and, as you know, we are working through some challenging issues. Until we feel comfortable with our approach, we'd prefer not to have to discuss the details of our working drafts with entities outside of our co-regulator family. We hope to receive that input from you directly! We will be public noticing the draft permit around the end of April 2010 at which point anybody and everybody, including states, will have an opportunity to review and comment on that version of the permit. We do not have a copy of the permit fact sheet to share with you. The permit writing has been quite a dynamic process and trying to keep up with a fact sheet has not been so successful. We hope, although cannot guarantee, to be able to share a copy of a draft fact sheet with you at some point before issuance of the permit. Thanks for your understanding.

Tomorrow, January 14, from 1-3 pm eastern time, we will be discussing this permit on a free webcast, to prepare folks for reviewing the permit and for participating in our two-day face-to-face meeting in Dallas On January 20-21. If you have not yet done so, you can register to participate in the webcast (must be done in advance) at http://event.on24.com/r.htm?e=183080&s=1&k= 17604CA8BF94523AA10DE0009E2B2EFF . You can register for the meeting in Dallas at http://www.tetratech-ffx.com/npdes_pesticides/.

We would like your comments on this working draft but ask that you submit those comments electronically no later than close of business Monday, January 25, 2010. Please send those comments to me at faulk.jack@epa.gov. We plan to read and consider all comments we receive from you by that time. We will also be documenting the discussion in Dallas and considering those comments as well.

One additional item to consider. This permit includes several comments asking for your specific input on certain permit language. If you have limited time for which to review the permit, we would ask that you at least take a look at those few comments and provide your thoughts on those.

Thanks for your patience and understanding and enjoy your reading.

(See attached file: PGP working draft 011310 pm.doc)

JackWater Permits Division US Environmental Protection Agency EPA East (4203M) 1200 Pennsylvania Avenue, NW Washington, DC 20460

Telephone (202) 564-0768 Fax (202) 564-6431