EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

United States Environmental Protection Agency (EPA) 

National Pollutant Discharge Elimination System (NPDES) 

DRAFT PESTICIDE GENERAL PERMIT (PGP) FOR POINT SOURCE 

DISCHARGES TO WATERS OF THE UNITED STATES 

FROM THE APPLICATION OF PESTICIDES 

AUTHORIZATION TO DISCHARGE UNDER THE 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 

U.S.C. 1251 et seq.), any operator of a point source discharge of pollutants associated 

with the application of pesticides who: 

• Is eligible for permit coverage under Part 1.1, 

• Is located in an area identified in Appendix C where this permit is available, and 

• Is an enterprise identified by any primary business activity in the 2007 North 

American Industry Classification System (NAICS)] 

is authorized to discharge in accordance with the requirements of this permit. 

This permit becomes effective on [April 9, 2011]. 

This permit and the authorization to discharge expire at midnight, [April 8, 2016]. 

, Director, Office of Ecosystem Protection 

EPA Region 1 

, Director, Division of Environmental Planning 

and Protection 

EPA Region 2 

, Division Director, Caribbean Environmental 

Protection Division 

EPA Region 2 

, Director, Water Protection Division 

EPA Region 3 

, Director 

EPA Region 4 

, Director, Water Division 

EPA Region 5 

, Director, Water Quality Protection Division 

EPA Region 6 

, Director 

EPA Region 7 

, Director 

EPA Region 8 

, Director, Water Division 

EPA Region 9 

, Director, Office of Water and Watersheds 

EPA Region 10 

Comment [jrf1]: This item is 

intended to exclude homeowners from 

being eligible for coverage under this 

permit.
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

Table of Contents

1.0 Coverage under This Permit 

2.0 Technology-Based Effluent Limitations 

3.0 Water Quality-Based Effluent Limitations 

4.0 Site Monitoring 

5.0 Pesticide Discharge Management Plan 

6.0 Corrective Action 

7.0 Annual Reporting 

8.0 Recordkeeping 

9.0 EPA Contact Information and Mailing Addresses 

10.0 State, Territorial, and Tribal Requirements 

Appendix A - Definitions and Acronyms 

Appendix B - Standard Permit Conditions 

Appendix C - Areas Covered 

Appendix D - Endangered Species Procedures 

Appendix E - Historic Properties Preservation Procedures 

Appendix F - Notice of Intent Form 

Appendix G - Notice of Termination Form 

 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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1 

1.0 Coverage under This Permit 

1.1 Eligibility. 

1.1.1 Activities Covered. This permit is available to operators of discharges to 

waters of the United States (U.S.) from the application of (1) biological 

pesticides and (2) chemical pesticides which leave a for the following 

pesticide use patterns: 

• Mosquito and Other Aquatic Nuisance Insect Control - management of 

all public health/nuisance pests which develop during a portion of their life 

cycle in standing or flowing water. Public health/nuisance pests in this use 

category include but not limited to mosquitoes and black flies. 

• Aquatic Weed and Algae Control - management of weeds and algae in 

water, including but not limited to lakes, ponds, rivers, streams, irrigation 

canals, and drainage systems (ditches, canals, etc). 

• Area-Wide Pest Control - management of a diverse pest spectrum 

(insects, weeds, and/or pathogens) in wide range of diverse habitats where a 

portion of the pesticides will unavoidably be deposited to water to target the 

pests effectively. Habitats in this use category include but are not limited to 

rangeland, forests, urban, and ditch banks. Area wide application means 

management of a pest (e.g., gypsy moths, Mormon crickets, grasshoppers, 

etc.) to contain an infestation and in area greater than 15 contiguous acres. 

• Aquatic Nuisance Animal Control - management of invasive or other 

nuisance species in water, including but not limited to lakes, ponds, rivers, and 

streams. Aquatic nuisance animals in this use category include, but are not 

limited to fish, lampreys, and mollusks. 

The scope of activities encompassed by these pesticide use patterns is 

described in greater detail in Parts 2.2.1, 2.2.2, 2.2.3, and 2.2.4. 

1.1.2 Limitations on coverage 

1.1.2.1 Discharges to Water Quality Impaired Waters. An operator is not eligible 

for coverage under this permit for discharges to waters of the U.S. identified 

as impaired for the pesticide or its degradates for which the water is impaired. 

Impaired waters are those which have been identified by a State, Territory, 

Tribe or EPA pursuant to Section 303(d) of the CWA as not meeting 

applicable State, Territorial, and Tribal water quality standards. Impaired 

waters include both waters with EPA-approved and EPA-established Total 

Maximum Daily Loads (TMDLs) and those for which EPA has not yet 

approved or established a TMDL. (http://www.epa.gov/OWOW/tmdl/). 

1.1.2.2 Discharges to Waters Designated as Tier 3 for Antidegradation Purposes. 

You are not eligible for coverage under this permit for discharges to waters 

designated by a State, Territory, or Tribe as Tier 3 (outstanding natural 

Comment [jrf2]: What if waterbody 

becomes impaired after coverage is 

obtained? Application would have to 

immediately stop. Can we add a 

provision that allows EPA to continue 

coverage under the permit until some 

time later when an individual permit can 

be issued? 
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2 

resource waters) for anti-degradation purposes under 40 CFR 131.13(a)(3) 

(see list of Tier 3 waters on EPA’s website at 

http://cfpub.epa.gov/npdes/stormwater/antideg.cfm). 

1.1.2.3 Discharges Currently or Previously Covered by another Permit. You are 

not eligible for coverage under this permit if any of the following 

circumstances apply:

• Discharges currently covered under another NPDES permit 

• Discharges covered within five years prior to the effective date of this 

permit by an individual permit or alternative general permit where that 

permit established site-specific numeric water quality-based limitations

• Discharges from activities where any NPDES permit has been or is in the 

process of being denied, terminated, or revoked by EPA (this does not 

apply to the routine reissuance of permits every five years).

1.1.2.4 Endangered and Threatened Species and Critical Habitat Protection. 

(Note to reviewer: This section is included merely as an example of the type of ESA 

requirements included in other general permits. EPA is continuing consultation with the 

Fish and Wildlife Service and National Marine Fisheries Service on specific ESA-related 

requirements.) 

Coverage under this permit is available only if your discharges and discharge-related 

activities will not adversely affect any species that are federally-listed as endangered or 

threatened (“listed”) under the Endangered Species Act (ESA) and will not result in the 

adverse modification or destruction of habitat that is federally-designated as “critical habitat” 

under the ESA. You must meet one of the criteria below, following the procedures in 

Appendix E: 

Criterion A. No federally-listed threatened or endangered species or their designated critical 

habitat are likely to occur in the “action area” as defined in Appendix A; or 

Criterion B. Consultation between a Federal agency and the U.S. Fish and Wildlife Service 

and/or the National Marine Fisheries Service (together, the “Services”) under section 7 of the 

ESA has been concluded. Consultations can be either formal or informal, and would have 

occurred only as a result of a separate federal action (e.g., during application for an individual 

wastewater discharge permit or the issuance of a wetlands dredge and fill permit). 

The consultation must have addressed the effects of your discharges and discharge-related 

activities on federally-listed threatened or endangered species and federally-designated 

critical habitat, and must have resulted in either: 

i. a biological opinion finding no jeopardy to federally-listed species or 

destruction/adverse modification of federally-designated critical habitat; or 

ii. written concurrence from the Service(s) with a finding that the discharges and 

discharge-related activities are not likely to adversely affect federally-listed species or 

federally-designated critical habitat; or 

Comment [jrf3]: Should we allow 

biological pesticides to be covered under 

this permit for Tier 3 waters given that 

biological pesticides, by definition, have 

a nontoxic mode of action. May further 

promote their use.

Comment [PC4]: yes

Comment [jrf5]: Should the permit 

state that pesticide drift, as defined in 

App A, is not eligible for coverage?

Comment [PC6]: The permit should 

not address unintentional drift, even just 

to say it isn’t covered. 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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3 

Criterion C. Your activities are authorized through the issuance of a permit under section 10 

of the ESA, and authorization addresses the effects of the discharges and discharge-related 

activities on federally-listed species and federally-designated critical habitat; or 

Criterion D. Coordination between you and the U.S. Fish and Wildlife Service and/or the 

National Marine Fisheries Service has been concluded. The coordination must have 

addressed the effects of the discharges and discharge-related activities on federally-listed 

threatened or endangered species and federally-designated critical habitat. The result of the 

coordination must be a written statement from the Service concluding that authorizing your 

discharges and discharge-related activities is consistent with the determination that the 

issuance of the PGP is not likely to adversely affect federally-listed threatened or endangered 

species and federally-designated critical habitat. Any conditions or prerequisites deemed 

necessary to achieve consistency with the “not likely to adversely effect” determination 

become eligibility conditions for PGP coverage, and permit requirements under Part 2.3; or 

Criterion E. Authorizing your discharges and discharge-related activities is consistent with 

the determination that the issuance of the PGP is not likely to adversely affect any federallylisted endangered and threatened (“listed”) species or designated critical habitat (“critical 

habitat”). To support your determination that you meet Criterion E, you must provide, with 

your NOI, the following supporting documentation for your determination: (1) a list of the 

federally-listed threatened or endangered species or their designated critical habitat that are 

likely to occur in the “action area”; (2) a list of the potential pollutants in your discharge; and 

(3) your rationale supporting your determination that you meet Criterion E, including 

appropriate measures to be undertaken to avoid or eliminate the likelihood of adverse effects; 

or 

Criterion F. The discharges and discharge-related activities were already addressed in 

another operator’s valid certification of eligibility that included these discharges and 

activities and there is no reason to believe that federally-listed species or federally-designated 

critical habitat not considered in the prior certification may be present or located in the 

“action area”. To certify eligibility under this criterion there must be no lapse of coverage in 

the other operator’s certification. By certifying eligibility under this criterion, you agree to 

comply with any measures or controls upon which the other operator's certification was 

based. You must comply with any applicable terms, conditions, or other requirements 

developed in the process of meeting the eligibility requirements of the criteria in this section 

to remain eligible for coverage under this permit. If your certification is based on another 

operator’s certification under Criterion E, that certification is valid only if you have 

documentation showing that the other operator had certified under Criterion E, and you 

provide EPA with the supporting information required of existing dischargers in Criterion E 

(above, under subparagraph (i)) in your NOI form.

1.2 Authorization to Discharge under This Permit 

1.2.1 How to Obtain Authorization. To obtain authorization under this permit an 

operator, must 

• Meet the eligibility requirements identified in Part 1.1, and 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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4 

• If you are an operator identified in Part 1.2.2, submit a complete and 

accurate Notice of Intent (NOI). 

Operators meeting the eligibility provisions outlined in Part 1.1 and who are 

not required to submit an NOI, as identified in Part 1.2.2, are authorized to 

discharge after April 9, 2011 in compliance with applicable requirements of 

this permit. 

The permit covers all employees, agents, and contractors of an operator who 

has filed an NOI. An NOI provides coverage for that permittee for all 

activities identified on the NOI for the duration of this permit unless coverage 

is otherwise terminated pursuant to Parts 1.2.5 or 1.3. 

1.2.2 Operators Required to Submit a Notice of Intent (NOI). The following 

operators are required to submit a Notice of Intent to obtain coverage under 

this general permit for discharges resulting from the application of pesticides: 

• Any federal, state, or local government agency, 

• Any public utility, including privately-owned, for profit utilities (i.e., 

establishment engaged in providing any of the following utility services: 

electric power, natural gas, steam supply, water supply, and sewage and 

stormwater removal); 

• Any entity specifically tasked with managing property for the control of 

pests on lands not otherwise owned by said entity (e.g., homeowner’s 

association, lake association; 

• Any commercial/business establishment, including farms or ranches, 

which are not part of a small business enterprise, as defined by the U.S. 

Small Business Administration in 13 CFR 121.201, based on the 

enterprise’s average annual receipts or average employment of the 

enterprise for the fiscal year preceding coverage under this permit. This 

includes commercial (“for-hire”) pesticide applicators that exceed the 

small business threshold described above; and 

• Any other entity that has reason to believe it will exceed any one of the 

following annual (i.e., calendar year) thresholds for any of the four use 

patterns covered under this general permit: 
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5 

Pesticide Use Pattern Treatment Area 

Annual Threshold

Water-Treatment Area

Annual Threshold

Mosquitoes and Other Aquatic Nuisance 

Insects 640 acres 160 acres 

Aquatic Weeds and Algae 

 - Waters of the U.S. 

 - Conveyances to Waters of the U.S.

NA 

NA 

160 acres or 10 linear miles1

50 linear miles1

Area-Wide Pests 

 - Ditch banks 

 - Forestry/Other area-wide applications

NA 

640 acres 

50 linear miles1

160 acres 

Aquatic Nuisance Animals NA 160 acres 1 Calculated based on area treated per side of waterbody or conveyance. For example, treating both sides of 

a ten mile ditch is equal to twenty miles of treatment area. 

Any operator required to submit an NOI may do so for each establishment 

separately or may include multiple establishments within the enterprise on one 

NOI form. 

An operator may submit an NOI to EPA using either the electronic Notice of 

Intent (eNOI) system (accessible at www.epa.gov/npdes/eNOI) or the paper 

form included in Appendix F of this permit to the address listed in Part 9.0. 

EPA strongly encourages operators to prepare and submit their NOI using 

eNOI. EPA will post on the Internet, at www.epa.gov/npdes/noisearch, all 

NOIs received. Late NOIs will be accepted, but authorization to discharge 

will not be retroactive. NOI submissions must be in accordance with the 

deadlines in Part 1.2.3. 

1.2.3 Discharge Authorization Date. On April 9, 2011 and thereafter, you must 

be covered under an NPDES permit to discharge a pollutant from a point 

source to waters of the U.S. as a result of the application of a pesticide. 

Operators required to submit an NOI, as identified in Part 1.2.2, are authorized 

to discharge under this permit as follows: 

Comment [jrf7]: Are these threshold 

numbers appropriate? Should the basis 

be annual or total for the permit term? 

Should they be based on treatment area or 

water treatment area or something else? 

Comment [PC8]: In part 1.1.1, 

ditches are included in the aquatic weeds 

and algae use category, which makes 

more sense than inclusion in the areawide category. This needs to be 

consistent. Regarding annual vs. permit 

term--perhaps you could allow both, 

based on the operators ability to project 

work—ditch bank applications are 

unlikely to change annually, while 

invasive spps/noxious weed control is 

very dynamic. 
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6 

Category NOI Deadline1 Discharge Authorization Date2

 

Operators making a 

determination, prior to 

commencement of discharge, 

that they will exceed an annual 

threshold identified in Part 1.2.2 

At least 10 days prior 

to commencement of 

discharge 

10 days after EPA receipt of 

complete and accurate NOI 

Operators making a 

determination, after 

commencement of discharge, 

that they will exceed an annual 

threshold identified in Part 

1.2.2. 

At least 10 days prior 

to exceeding an annual 

threshold during any 

12-month period 

Original authorization expires 

when threshold is exceeded if a 

complete and accurate NOI has not 

been received by this time. 

Permittee is reauthorized 10 days 

after EPA receipt of complete and 

accurate NOI. 

Other operators required to 

submit an NOI 

At least 10 days prior 

to commencement of 

discharge 

10 days after EPA receipt of 

complete and accurate NOI 

Operators commencing 

discharge in response to a 

declared emergency situation, as 

defined in Appendix A. 

No later than 30 days 

after commencement of 

discharge3

Immediately, for activities 

conducted in response to declared 

emergency situation 

1.2.4 Continuation of this Permit. If this permit is not reissued or replaced prior 

to the expiration date, it will be administratively continued in accordance with 

40 CFR 122.6 and remain in force and effect. If you were authorized to 

discharge under this permit prior to the expiration date, any discharges 

authorized under this permit will automatically remain covered by this permit 

until the earliest of: 

1. Your authorization for coverage under a reissued permit or a replacement 

of this permit following your timely and appropriate submittal of a 

complete NOI requesting authorization to discharge under the new permit 

and compliance with the requirements of the NOI; or 

2. The processing and posting of your Notice of Termination consistent with 

Part 1.2.5.1; or 

 

1

 Timing for NOI submittal is based on an operator determination that they will exceed a treatment area annual 

threshold during the calendar year, not on the time when the threshold is actually exceeded. For example, many large 

operators know today that they will exceed the threshold the first year. For those operators, NOIs are due prior to 

commencement of any discharge under this permit. 

2

 Based on a review of your NOI or other information, EPA may delay your authorization for further review, notify you 

that additional effluent limitations are necessary, or may deny coverage under this permit and require submission of an 

application for an individual NPDES permit, as detailed in Part 1.3. In these instances, EPA will notify you in writing 

of the delay, of the need for additional effluent limits, or of the request for submission of an individual NPDES permit 

application. 

3

 In the event that a discharge occurs prior to your submitting an NOI, you must comply with all other requirements of 

this permit immediately.
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7 

3. The issuance or denial of an individual permit for a discharge resulting 

from application of a pesticide that would otherwise be covered under this 

permit; 

4. A formal permit decision by EPA not to reissue this general permit, at 

which time EPA will identify a reasonable time period for covered 

dischargers to seek coverage under an alternative general permit or an 

individual permit. Coverage under this permit will cease when coverage 

under another permit is granted/authorized. 

1.2.5 Terminating Coverage 

1.2.5.1 Submitting a Notice of Termination. To terminate permit coverage, an 

operator who is required to submit an NOI as identified in Part 1.2.2, must 

submit a complete and accurate Notice of Termination either electronically 

(strongly encouraged) at www.epa.gov/npdes/eNOI or using the paper Notice 

of Termination form included in Appendix G of this permit, to the address 

listed in Part 9.0. Your authorization to discharge under this permit terminates 

at midnight of the day that a complete Notice of Termination is processed and 

posted on EPA’s website (www.epa.gov/npdes/noisearch). If you submit a 

Notice of Termination without meeting one or more of the conditions 

identified in Part 1.2.5.2, then your Notice of Termination is not valid. You 

are responsible for meeting the terms of this permit until your authorization is 

terminated. If you met the threshold for having to submit annual reports 

pursuant to Part 7.0, you must file an annual report for the portion of the year 

up through the date of your termination. The annual report is due no later than 

45 days after your termination date. 

1.2.5.2 When to Submit a Notice of Termination. You must submit a Notice of 

termination within 30 days after one or more of the following conditions have 

been met: 

1. A new operator has taken over responsibility of your pest control activities 

covered under an existing NOI, or 

2. You have ceased all discharges from the application of pesticides for 

which you obtained permit coverage and you do not expect to discharge 

during the remainder of the permit term for any of the use patterns as 

identified in Part 1.1.1; or 

3. You have obtained coverage under an individual permit or an alternative 

general permit for all discharges required to be covered by an NPDES 

permit, unless you obtained coverage under authority of Part 1.3.1, in 

which case coverage under this permit will terminate automatically. 

Comment [jrf9]: Does this make it 

clear when an NOT can be filed? 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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8 

1.2.5.3 Operators covered under this permit that are not required to submit an NOI are 

terminated from permit coverage when they no longer have a discharge from 

the application of pesticides. 

1.3 Alternative Permits 

 

1.3.1 EPA Requiring Coverage under an Alternative Permit. EPA may require 

you to apply for and/or obtain authorization to discharge under either an 

individual NPDES permit or an alternative NPDES general permit in 

accordance with 40 CFR 122.64 and 124.5. If EPA requires you to apply for 

an individual NPDES permit, EPA will notify you in writing that a permit 

application is required. This notification will include a brief statement of the 

reasons for this decision and will provide application information. In addition, 

if you are an operator whose discharges are authorized under this permit, the 

notice will set a deadline to file the permit application, and will include a 

statement that on the effective date of the individual NPDES permit, or the 

alternative general permit as it applies to you, coverage under this general 

permit will terminate. EPA may grant additional time to submit the 

application if you submit a request setting forth reasonable grounds for 

additional time. If you are covered under this permit and fail to submit an 

individual NPDES permit application as required by EPA, then the 

applicability of this permit to you is terminated at the end of the day specified 

by EPA as the deadline for application submittal. EPA may take appropriate 

enforcement action for any unpermitted discharge. 

1.3.2 Permittee Requesting Coverage under an Alternative Permit. You may 

request to be excluded from coverage under this general permit by applying 

for an individual permit. In such a case, you must submit an individual permit 

application in accordance with the requirements of 40 CFR 122.26(c)(1)(ii), 

with reasons supporting the request, to EPA at the applicable EPA Regional 

Office listed in Part 9 of this permit. The request may be granted by issuance 

of an individual permit or authorization of coverage under an alternative 

general permit if your reasons are warranted. 

When an individual NPDES permit is issued to you or you are authorized 

under an alternative NPDES general permit to discharge a pollutant to a water 

of the U.S. as a result of a pesticide application, your authorization to 

discharge under this permit is terminated on the effective date of the 

individual permit or the date of authorization of coverage under the alternative 

general permit. 

1.4 Severability. Invalidation of a portion of this permit does not necessarily 

render the whole permit invalid. EPA’s intent is that the permit is to remain in 

effect to the extent possible; in the event that any part of this permit is 

invalidated, EPA will advise the regulated community as to the effect of such 

invalidation. 
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9 

2.0 Technology-Based Effluent Limitations 

2.1. Minimize Pesticide Discharges into Waters of the United States. You 

must implement control measures to minimize the discharge resulting from 

application of pesticides. The term “minimize” means to reduce and/or 

eliminate discharges to waters of the U.S. to the extent achievable using 

control measures (e.g., best management practices) that are technologically 

available and economically practicable and achievable. To minimize 

discharges resulting from application of pesticides, all permittees must do the 

following:

2.1.1. Use the lowest effective amount of pesticide product per application and 

optimum frequency of pesticide applications necessary to control the target 

pest, consistent with minimization of the potential for development of pest 

resistance; 

2.1.2. Perform regular maintenance activities to minimize potential for leaks, spills, 

and unintended/accidental release of pesticides from pesticide containers to 

waters of the U.S.; and 

2.1.3. Maintain application equipment in proper operating condition by calibrating 

and cleaning/repairing such equipment on a regular basis to ensure effective 

pesticide application and pest control. 

2.2. Integrated Pest Management (IPM) Practices. 

This Part applies to pesticide applications performed by: 

- Any public entity (e.g., as identified by category code 92 in the 2007 

NAICS), and government establishments engaged in other sectors 

including but not limited to category codes 22 (Utilities) and 71 (Arts, 

Entertainment, and Recreation) in the 2007 NAICS, including any 

pesticide applicator hired by such entity, and 

- Any operator who exceeds any pesticide use threshold established in Part 

1.2.2 including any pesticide applicator hired by such operator, but 

excluding from the calculation any pesticide applications covered under an 

NOI when hired by a public entity. 

Operators that discharge pollutants as a result of the application of pesticides 

for the sole purpose of pesticide research and development, as defined in 

Appendix A, are not required to implement Part 2.2. for discharges resulting 

from those pesticide research and development activities but only to the extent 

those requirements may compromise the research design. 

Comment [jrf10]: Should the permit 

elaborate on maintenance activity 

expectations of 2.12 and 2.1.3? 

Comment [PC11]: No. There are too 

many types of application equipment and 

related hardware for the permit to get 

specific. These activities are already 

routine practice for government and 

commercial applicators, and in most 

cases they work one-on-one with the 

pesticide inspectors on questions related 

to improving storage, maintenance and 

calibration. 
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10 

You must implement control measures to minimize the discharge resulting 

from application of pesticides. EPA generally does not mandate the specific 

control measures you must implement to meet the technology-based effluent 

limits. To meet the effluent limits below, you are required to evaluate, select, 

and implement site-specific control measures that reduce and/or eliminate 

discharges of pesticides to waters of the United States to the extent 

technologically available and economically practicable and achievable. 

Note: Part 5 of this permit requires you to document your evaluation of 

control measures to meet the effluent limits. See Part 5, Pesticide Discharge 

Management Plan for specific documentation requirements. See fact sheet for 

examples of control measures and for further clarification. 

2.2.1. Mosquito and Other Aquatic Nuisance Insect Control 

This Part applies to discharges from the application of pesticides for mosquito 

and other aquatic nuisance insect control as defined in Part 1.1.1. 

2.2.1.1. Identify the Problem. Prior to the first pesticide application covered under 

this permit that will result in a discharge to waters of the U.S., and at least 

once each year thereafter during which you will have a discharge, you must do 

the following for each treatment area, as defined in Appendix A: 

2.2.1.1.1 Establish densities for larval and adult mosquito or aquatic nuisance insect 

populations which serve as action threshold for implementing pest 

management strategies; 

2.2.1.1.2 Identify target mosquito or aquatic nuisance insect species to develop a 

species-specific control strategy based on developmental and behavioral 

considerations for each species; 

2.2.1.1.3 Identify known and potential breeding sites for source reduction, larval 

control program, and habitat management; and 

2.2.1.1.4 Analyze existing surveillance data to identify new/unidentified sources of 

mosquito or aquatic nuisance insect production as well as sites that have 

recurring pest problems. 

In the event site data are not available within the past year, you must 

document why the site data are not available and the data you used to meet the 

permit conditions in 2.2.1.1. (See Part 5, Pesticide Discharge Management 

Plan) 

2.2.1.2 Pest Management. Prior to the first pesticide application covered under this 

permit that will result in a discharge to waters of the U.S., and at least once 

each year thereafter during which you will have a discharge, you must select 

and implement for each treatment area efficient and effective means of pest 

management that most successfully minimize discharges resulting from 

application of pesticides to control mosquitoes or other aquatic nuisance 
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11 

insects, including the use of pesticide and non-pesticide methods. In 

developing your pest management strategies, you must evaluate the following 

management options considering impact to water quality, non-target 

organisms, pest resistance, feasibility, and cost effectiveness: 

• No action 

• Prevention 

• Mechanical/physical methods 

• Cultural methods 

• Biological control agents 

• Pesticides 

2.2.1.3 Pesticide Use. If a pesticide is selected for managing mosquitoes or aquatic 

nuisance insects and application of the pesticide will result in a discharge to 

waters of the U.S., you must: 

2.2.1.3.1 Conduct larval and/or adult surveillance prior to each pesticide application to 

assess the treatment area and to determine when pre-established conditions 

(pest action threshold) are met which necessitate the need for pest 

management; 

2.2.1.3.2 Assess environmental conditions prior to each pesticide application (e.g. 

temperature, precipitation, and wind speed in the treatment area) to identify 

conditions which support development of pest populations and are suitable for 

control activities; 

2.2.1.3.3 Minimize the impact on the environment and non-target organisms by 

applying the pesticide only when the action thresholds have been met or 

disease is present; 

2.2.1.3.4 Use larvicides as the primary pesticide for mosquito or aquatic nuisance insect 

control; 

2.2.1.3.5 Use adulticides only where the adult action threshold has been met and/or 

under emergency condition (e.g. flooding, disease outbreak); and 

2.2.1.3.6 Do not apply adulticides over waters of the U.S., except when necessary to 

target areas where adult mosquitoes or insect pests are present, and when 

weather conditions will facilitate movement of pesticide product away from 

the water to minimize discharges into the water. 

2.2.2 Aquatic Weed and Algae Control

This Part applies to discharges from the application of pesticides for aquatic 

weed and algae control as defined in Part 1.1.1. 

2.2.2.1 Identify the Problem. Prior to the first application covered under this permit 

that will result in a discharge to waters of the U.S., and at least once each year 

thereafter during which you will have a discharge, you must do the following 

for each treatment area, as defined in Appendix A: 

Comment [jrf12]: Should the permit 

include more details for each of these 

options? 

Comment [c13]: Although this is the 

goal, not using larvicides should not 

constitute a permit violation. For 

instance, we have federally managed 

lands where the policy is no control until 

west nile virus is detected. Therefore the 

communities/mosquito districts directly 

adjacent to those federal lands cannot 

effectively use larvicides to protect 

themselves from west nile virus. They 

must use adulticides at that point. That is 

just one example of an instance where 

larvicides are not the primary pesticide, 

but there are others. It is important for 

the districts to be able to use an integrated 

approach and the best tools for each 

situation. 

Comment [c14]: There has been no 

consensus among mosquito districts 

regarding action thresholds. Some 

managers do not believe in the concept 

for mosquitos. For instance, if they set 

the level at 50 Cx tarsalis and 45 are 

collected in a trap, is there no control? 

What if west nile is confirmed in the area, 

but they only collect 20? These are the 

sort of on-the-ground questions the 

districts will have, and it is most 

important that the permit language does 

not bind applicators in such a way that 

they cannot do their work effectively 

without being in violation of the CWA.
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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12 

2.2.2.1.1 Identify areas with weed or algae problems and characterize the extent of the 

problem, including, for example, water use goals not attained (e.g. wildlife 

habitat, fisheries, vegetation, and recreation); 

2.2.2.1.2 Identity target weed species as necessary for pest control; 

2.2.2.1.3 Identify possible sources of the problem (e.g., nutrients, invasive species, etc); 

and 

2.2.2.1.4 Establish past or present pest weed densities which serve as action 

threshold(s) for implementing pest management strategies. 

In the event site data are not available within the past year, you must 

document why the site data are not available and the data you used to meet the 

permit conditions in 2.2.2.1. (See Part 5, Pesticide Discharge Management 

Plan) 

2.2.2.2 Pest Management. Prior to the first pesticide application covered under this 

permit that will result in a discharge to waters of the U.S., and at least once 

each year thereafter during which you will have a discharge, you must select 

and implement for each treatment area efficient and effective means of pest 

management that most successfully minimize discharges resulting from 

application of pesticides to control aquatic weeds or algae, including pesticide 

and non-pesticide methods. In developing your pest management strategies, 

you must evaluate the following management options considering impact to 

water quality, impact to non-target organisms, pest resistance, feasibility, and 

cost effectiveness: 

• No action 

• Prevention 

• Mechanical/physical methods 

• Cultural methods 

• Biological control agents 

• Pesticides 

2.2.2.3 Pesticide Use. If a pesticide is selected to manage weeds or algae and 

application of the pesticide will result in a discharge to waters of the U.S., you 

must: 

2.2.2.3.1 Conduct surveillance prior to each pesticide application to assess the treatment 

area and to determine when pre-established conditions (pest action threshold) 

are met which necessitate the need for pest management; 

2.2.2.3.2 Conduct surveillance after each pesticide application to determine 

effectiveness of the treatment; and 

2.2.2.3.3 Minimize the impact on the environment and non-target organisms by 

applying the pesticide only when the action threshold has been met and/or 

under an emergency condition (e.g. invasive species). 

2.2.3 Area-Wide and Ditch Bank Pest Control

Comment [PC15]: Does a noxious 

weed law that mandates control count? 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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13 

This Part applies to discharges from the application of pesticides for area-wide 

and ditch bank pest control as defined in Part 1.1.1. 

2.2.3.1 Identify the Problem. Prior to the first application covered under this permit 

that will result in a discharge to waters of the U.S., and at least once each year 

thereafter during which you will have a discharge, you must do the following 

for each treatment area, as defined in Appendix A: 

2.2.3.1.1 Establish target pest densities which serve as an action threshold for 

implementing pest management strategies; 

2.2.3.1.2 Identify target species to develop a species-specific control strategy based on 

developmental and behavioral considerations for each species; and 

2.2.3.1.3 Identify current distribution of the target pest and assess potential distribution 

in the absence of control measures. 

In the event site data are not available within the past year, you must 

document why the site data are not available and the data you used to meet the 

permit conditions in 2.2.3.1. (See Part 5, Pesticide Discharge Management 

Plan) 

2.2.3.2 Pest Management. Prior to the first pesticide application covered under this 

permit that will result in a discharge to waters of the U.S., and at least once 

each year thereafter during which you will have a discharge, you must select 

and implement for each treatment area efficient and effective means of pest 

management that most successfully minimize discharges resulting from 

application of pesticides to control area-wide pests, including pesticide and 

non-pesticide methods. In developing your pest management strategies, you 

must evaluate the following management options considering impact to water 

quality, impact to non-target organisms, pest resistance, feasibility, and cost 

effectiveness: 

• No action 

• Prevention 

• Mechanical/physical methods 

• Cultural methods 

• Biological control agents 

• Pesticides 

2.2.3.3 Pesticide Use. If a pesticide is selected to manage area wide pests and 

application of the pesticide will result in a discharge to waters of the U.S., you 

must: 

2.2.3.3.1 Conduct surveillance prior to each application to assess the treatment area and 

to determine when pre-established conditions (pest action threshold) are met 

which necessitate the need for pest management; 

2.2.3.3.2 Conduct surveillance after each pesticide application to determine 

effectiveness of the treatment; 

Comment [PC16]: 2.2.3.1.2 & 3 need 

to be clarified regarding ditch 

treatments—these don’t make sense in 

that context.
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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14 

2.2.3.3.3 Assess environmental conditions (e.g. temperature, precipitation, and wind 

speed in the treatment area) to identify conditions which support target pest 

development and are conducive for treatment activities; 

2.2.3.3.4 Minimize the impact on the environment and non-target organisms by 

considering the restrictions, application timing, and application method in 

addition to applying the pesticide only when the action thresholds have been 

met; 

2.2.3.3.5 Use pesticides against the most susceptible developmental stage; and 

2.2.3.3.6 Use pesticides only where the action threshold has been met and/or under 

emergency condition (e.g. invasive species). 

2.2.4 Aquatic Nuisance Animal Control

This Part applies to discharges from the application of pesticides for aquatic 

nuisance animal control as defined in Part 1.1.1. 

2.2.4.1 Identify the Problem. Prior to the first application covered under this permit 

that will result in a discharge to waters of the U.S., and at least once each year 

thereafter during which you will have a discharge, you must do the following 

for each treatment area, as defined in Appendix A: 

2.2.4.1.1 Identify areas with aquatic nuisance animal problems and characterize the 

extent of the problems, including, for example, water use goals not attained 

(e.g. wildlife habitat, fisheries, vegetation, and recreation); 

2.2.4.1.2 Identify target aquatic nuisance animal species as necessary for pest control; 

2.2.4.1.3 Identify possible sources of the problem (e.g., nutrients, invasive species); and 

2.2.4.1.4 Establish past or present aquatic nuisance animal densities which serve as an 

action threshold for implementing pest management strategies. 

In the event site data are not available with the past year, you must document 

why the site data are not available and the data you used to meet the permit 

conditions in 2.2.4.1. (See Part 5, Pesticide Discharge Management Plan) 

2.2.4.2 Pest Management. Prior to the first pesticide application covered under this 

permit that will result in a discharge to waters of the U.S., and at least once 

each year thereafter during which you will have a discharge, you must select 

and implement for each treatment area efficient and effective means of pest 

management that most successfully minimize discharges resulting from 

application of pesticides to control aquatic nuisance animals, including 

pesticide and non-pesticide methods. In developing your pest management 

strategies, you must evaluate the following management options considering 

impact to water quality, impact to non-target organisms, pest resistance, 

feasibility, and cost effectiveness: 

• No action. 

• Prevention 

• Mechanical/physical methods 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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15 

• Cultural methods 

• Biological control agents 

• Pesticides 

2.2.4.3 Pesticide Use. If a pesticide is selected for managing aquatic nuisance 

animals and application of the pesticide will result in a discharge to waters of 

the U.S., you must: 

2.2.4.3.1 Conduct surveillance prior to each application to assess the treatment area and 

to determine when pre-established conditions (pest action threshold) are met 

which necessitate the need for pest management; 

2.2.4.3.2 Conduct surveillance after each pesticide application to determine 

effectiveness of the treatment; and 

2.2.4.3.3 Minimize the impact on the environment and non-target organisms by 

considering site restrictions, application timing, and application method in 

addition to applying the pesticide only when the action threshold has been 

met. 

3.0 Water Quality-Based Effluent Limitations 

Your discharge must be controlled as necessary to meet applicable numeric 

and narrative state, territory, or tribal water quality standards. 

If at any time you become aware, or EPA determines, that your discharge 

causes or contributes to an exceedance of applicable water quality standards, 

you must take corrective action as required in Part 6.0. 

 EPA may impose additional water quality-based limitations or require you to 

obtain coverage under an individual permit if information in your NOI, 

required reports, or other sources indicates that your discharges are not 

controlled as necessary to meet applicable water quality standards. 

4.0 Site Monitoring 

4.1 Monitoring Requirements For All Permittees. You must monitor the 

amount of pesticide applied to ensure that you are using the lowest amount to 

effectively control the pest, consistent with minimization of the potential for 

development of pest resistance. You must also monitor your pesticide 

application activities to ensure you are performing regular maintenance 

activities and to ensure that your application equipment is in proper operating 

condition to minimize the potential for leaks, spills, and unintended/accidental 

release of pesticides to waters of the United States. Additionally, you must 

monitor your pesticide application activities to ensure that the application 

equipment is in proper operating condition by calibrating, cleaning, and 

repairing equipment on a regular basis. This will ensure effective pesticide 

application and pest control.
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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16 

4.2 Visual Monitoring Requirements. You must conduct a visual assessment: 

 During the treatment activity when you are making a pesticide application, 

other than by aircraft or road vehicle, during daylight hours 

 During any post-application surveillance or efficacy check that you choose 

to conduct. 

Visual assessments will consist of spot checks in the area to and around where 

pesticides are applied for possible and observable adverse impacts, as defined 

in Appendix A, caused by application of pesticides, including but not limited 

to the unanticipated death or distress of non-target organisms and disruption 

of wildlife habitat, recreational or municipal water use. 

4.3 Additional Monitoring 

EPA may notify you of additional discharge monitoring requirements. Any 

such notice will clearly state the reasons for the monitoring and the details of 

the monitoring and any associated reporting and recordkeeping requirements. 

For example, EPA may require additional monitoring when the Agency 

determines: 

 Your discharge likely contributed to a reported adverse incident 

 The product you are using contains a pesticide for which additional 

controls may be necessary 

 The product you are using raises environmental impact concerns 

 More information about your pesticide use is needed to modify or 

determine more appropriate effluent limitations 

 You are not in compliance with the conditions of this permit 

 A change has occurred in the availability of demonstrated technology or 

practices for the reduction of discharges from the application of pesticides 

 Additional requirements may be necessary in light of threatened or 

endangered species. 

Should EPA exercise its authority to require additional monitoring 

requirements, you will receive a written explanation of the additional 

requirements and the basis for them. The notice will include a reasonable 

timeframe in which to discuss these new requirements with EPA. Unless EPA 

establishes a new timeframe in writing, after that time period has passed, the 

written notice will state that the new requirements will become active and 

enforceable permit conditions. The written notice will explain that the 

discharger may either accept the new requirements or elect to apply for an 

alternative permit as described in 1.3.2. 

5.0. Pesticide Discharge Management Plan Comment [PC17]: For clarification—

you only have to develop/document a 

pdmp if you exceed the thresholds 

(therefore you can submit an NOI but not 

have to develop the pdmp)?
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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17 

If you exceed a treatment area annual threshold, as identified in Part 1.2.2, 

you must prepare a Pesticide Discharge Management Plan (PDMP) for 

discharges from all treatment areas covered under this permit. One PDMP 

may cover one or more treatment areas for each use pattern. This PDMP must 

be prepared within 90 days of your determination that you have reason to 

believe you will exceed any threshold identified in Part 1.2.2. The PDMP 

does not contain effluent limitations; the limitations are contained in Parts 2.0 

and 3.0 of the permit. The PDMP is intended to document the evaluation and 

selection of control measures. The additional documentation requirements 

(see Part 8, Recordkeeping) are intended to document the implementation 

(including inspection, maintenance, monitoring, and corrective action) of the 

permit requirements. In your PDMP, you may refer to procedures in other 

documents that meet the requirements of this permit. If you reference other 

documents, such as a pre-existing integrated pest management (IPM) plan that 

you already follow, you must keep a copy of relevant portions of those 

documents with your PDMP and make it available for review consistent with 

Part 5.3. 

5.1 Contents of Your Pesticide Discharge Management Plan 

Your PDMP must contain the following elements: 

1. Pesticide Discharge Management Team 

2. Problem Description 

3. Control Measures Description 

4. Pest Surveillance 

5. Schedules and Procedures 

• Spill Prevention and Response Procedures 

• Equipment Maintenance Procedures 

• Adverse Incident Response Plan 

• Pesticide Monitoring 

6. Documentation to Support Eligibility Considerations under Other Federal 

Laws. 

7. Signature Requirements. 

5.1.1 PDMP Team. You must identify the persons (by name or title) that comprise 

the team as well as their individual responsibilities, including: 

a. Person(s) responsible for managing pests in relation to the treatment area 

described below; 

b. Person (s) responsible for developing and revising the PDMP; 

c. Person (s) responsible for taking corrective actions where required; and 

d. Person (s) responsible for pesticide applications. If pesticide applicator is 

unknown at the time of plan development, indicate whether or not a forhire applicator will be used. 

Comment [PC18]: I think that the 

concept of area should be better defined 

before this draft goes out for public 

comment. 

Comment [PC19]: I think that 

pesticide monitoring should be better 

defined, since the other 3 bullets were 

described as monitoring in the previous 

section—the reference is to visual 

monitoring?

Comment [PC20]: Eligibility for 

what? 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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18 

5.1.2 Problem Description. You must document the following:

a. Treatment Area Description, including geographic boundaries and waters 

of the U.S. to which the plan applies, and a general location map (e.g., 

USGS quadrangle map, a portion of a city or county map, or other map) 

that identifies the geographic boundaries of the area to which the plan 

applies and location of the treatment area and waters of the U.S;

b. Pest Management Objective;

c. Target Pest;

d. Action threshold(s)

e. The water quality standards applicable to waters to which there will be a 

discharge; and 

f. Source of the data used to meet conditions in Parts 2.2.1.1, 2.2.2.1., 

2.2.3.1., and 2.2.4.1. 

5.1.3 Description of Control Measures. Control measures can be actions 

(including processes, procedures, schedules of activities, prohibitions on 

practices and other management practices), or structural or installed devices to 

minimize discharges of pesticides to waters of the United States . They can be 

just about anything that “does the job” of minimizing pesticides being 

discharged, and of meeting applicable limits. In the PDMP, you must 

document the pest management tools that you will evaluate and the criteria 

you will use to select control measures that minimize discharges resulting 

from the application of pesticides. The evaluation must include the following 

management tools and considering impact to water quality, impact to nontarget organisms, pest resistance, feasibility, and cost effectiveness:

a. No action 

b. Prevention 

c. Mechanical/physical methods

d. Cultural methods 

e. Biological control agents

f. Pesticides 

1. Name of pesticide product(s) evaluated and corresponding EPA 

Registration number(s); 

2. Procedures for determining the lowest effective amount of pesticide 

product per application and the optimum frequency of pesticide 

applications to effectively control the target pest; consistent with steps 

to minimize the development of pest resistance; and 

3. For mosquito control and aquatic nuisance insect control, you must 

document why larviciding is not the primary pesticide to effectively 

manage mosquitoes or insects [See Part 2.2.1.3.4.] 

 

5.1.4 Pest Surveillance. You must document your procedures for conducting preand post-application pest surveillance. 

Comment [PC21]: Allow pluralpest(s)

Comment [PC22]: Such as spot 

spraying? 

Comment [PC23]: I think the concept 

of control measures is going to be hard 

enough to communicate—does this line 

have to be in the permit? You could ask 

for a rationale, or description of the best 

professional judgement that resulted in 

the choice of the control measure. 

Comment [PC24]: In the webinar 

someone asked if this meant the labeled 

rate, and the answer given by EPA hq 

was no. If the answer is no, EPA hq 

should come up with a formula for 

applicators to use, and it should fall 

within the labeled rate. It is unacceptable 

to ask applicators to apply products 

below the labeled rate 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

19 

5.1.5 Schedules and Procedures. You must document the following schedules and 

procedures in your PDMP: 

5.1.5.1 Spill Prevention and Response Schedules and Procedures – Schedules and 

procedures for preventing and responding to spills and leaks. You must 

identify and document the following: 

• Maintenance activities and performance schedule to minimize 

potential for leaks, spills, and unintended/accidental release of 

pesticides from pesticide containers; 

• Course of action or responses to any spill; 

• Chain of command notification for spill, both internal to your 

agency/organization and external; 

• State/Federal contacts with phone number; 

• Name, location, and telephone of nearest emergency medical facility; 

• Name, location, and telephone of nearest hazardous chemical 

responder (including police and fire department); and 

• Name and telephone number for the National Pesticide 

Telecommunications Network at 800-858-7378. 

5.1.5.2 Equipment Maintenance Schedules and Procedures – Schedules and 

procedures for maintaining the application equipment in proper operating 

condition, including calibrating, cleaning, and repairing the equipment.

5.1.5.3 Adverse Incident Response Procedures - Procedures for responding to adverse 

incident resulting from pesticide applications. You must identify and 

document the following:

• Course of action and timing of responses to any incident resulting from 

pesticide applications; 

• Chain of command notification for the incident, both internal to your 

agency/organization and external; 

• State/Federal contacts with phone numbers; 

• Name, location, and telephone of nearest emergency medical facility; 

• Name, location, and telephone of nearest hazardous chemical responder 

(including police and fire department); and 

• How you will disseminate to those involved in making pesticide 

applications the name and a description of the National Pesticide 

Telecommunications Network, as well as the telephone number for NPTN 

(800-858-7378). 

5.1.5.4 Pesticide Monitoring Schedules and Procedures – You must document the 

procedures for monitoring consistent with the requirements in Part 4.0 

including:

 The process for determining the location of any monitoring; 

 A schedule and procedures for any monitoring; 

 The person (or position) responsible for conducting monitoring; and 

 Procedures for documenting any incidents of noncompliance observed. 

Comment [PC25]: I don’t really 

understand what is meant by ‘pesticide 

containers’ in the context of maintenance 

activities and performance schedules. 

Comment [PC26]: Adverse effects?
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

20 

5.1.6 Documentation to Support Eligibility Considerations Under Other 

Federal Laws. [will include any ESA-related documentation 

requirements] 

5.1.7 Signature Requirements. You must sign and date your PDMP in accordance 

with Appendix B, Subsection B.11. 

5.2 Pesticide Discharge Management Plan Modifications. You must modify 

your PDMP whenever necessary to address any of the triggering conditions 

for corrective action in Part 6.1. Keeping the PDMP up-to-date will help to 

ensure that any condition that triggered the corrective action does not reoccur. 

When a review following the triggering conditions in Part 6.1 indicates that 

changes to your control measures are necessary to meet the effluent limits (or 

other conditions) in this permit, you must modify the PDMP to reflect changes 

implemented. Changes to your PDMP must be made in accordance with the 

corrective action deadlines in Part 6.2, and must be signed and dated in 

accordance with Appendix B, Subsection B.11 

You must review your PDMP at a minimum once per year or whenever 

necessary to update the pest management strategies at your treatment area(s). 

5.3 Pesticide Discharge Management Plan Availability. You must retain a 

copy of the current PDMP, along with all supporting maps and documents, at 

the address provided on the NOI. The PDMP and all supporting documents 

must be immediately available to EPA; a State, Territorial, Tribal, or local 

agency governing pesticide applications; and representatives of the U.S. Fish 

and Wildlife Service (USFWS) or the National Marine Fisheries Service 

(NMFS) upon request. EPA may provide access to portions of your PDMP to 

a member of the public upon request. Confidential Business Information 

(CBI) may be withheld from the public, but may not be withheld from those 

staff cleared for CBI review within EPA, FWS, or NMFS. 

6.0 Corrective Action 

6.1 Situations Requiring Revision of Control Measures. If any of the 

following situations occur, you must review and, as necessary, revise the 

selection and implementation of your control measures to ensure that the 

situation is eliminated and will not be repeated in the future: 

• An unauthorized release or discharge (e.g., spill, leak, or discharge not 

authorized by this or another NPDES permit) occurs; 

• You become aware, or EPA determines, that your control measures are not 

adequate/sufficient for the discharge to meet applicable water quality 

standards; 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

21 

• Your monitoring activities, as required in part 4.1, determine that you 

failed to: 

- Use the lowest amount of pesticide to effectively control the pest, 

consistent with minimization of the potential for development of pest 

resistance; 

- Perform regular maintenance activities to ensure that your application 

equipment is in proper operating condition to minimize the potential 

for leaks, spills, and unintended/accidental release of pesticides to 

waters of the United States; and 

- Calibrate, clean, and repair equipment on a regular basis to ensure that 

the application equipment is in proper operating condition. 

• An inspection or evaluation of your activities by an EPA official, or local, 

State, Territorial or Tribal entity, determines that modifications to the 

control measures are necessary to meet the non-numeric effluent limits in 

this permit, or 

• You observe or are otherwise made aware of an adverse incident for which 

symptoms are unusual or unexpected during the normal course of 

treatment, as described in Part 4.2. 

6.2. Corrective Action Deadlines. If you determine that changes to your control 

measures are necessary to eliminate any situation identified in Part 6.1, such 

changes must be made before the next pesticide application that results in a 

discharge, or as soon as practicable. This time interval is not a grace period, 

but is a schedule considered reasonable for documenting your findings and for 

making repairs and improvements. The schedule is included in this permit to 

ensure that any condition prompting the need for repair and improvement is 

not allowed to persist indefinitely. 

6.3 Adverse Incident Documentation and Reporting 

6.3.1 Twenty-Four (24) Hour Adverse Incident Notification 

If you become aware or have been informed of an adverse incident, as defined 

in Appendix A, which may have resulted from a discharge from your pesticide 

application, you must immediately notify your EPA Incident Reporting 

Contact, as identified at www.epa.gov/npdes/aquaticpesticides. This 

notification must be made by telephone within 24 hours of you becoming 

aware of the adverse incident. 

When providing the 24-hour notice identified above, notification for any 

adverse incident must include at least the following information: 

• The caller’s name and telephone number; 

• Permittee name and mailing address; 

• If covered under an NOI, the NOI NPDES tracking number; 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

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22 

• The name and telephone number of a contact person, if different than the 

person providing the 24-hour notice; 

• How and when you became aware of the adverse incident; 

• Description of the location of the adverse incident; 

• Description of the adverse incident identified, including the EPA pesticide 

registration number for each product you applied in the area of the adverse 

incident; and 

• Description of any steps you have taken or will take to contain any 

adverse effects. 

6.3.2 Fourteen (14) Day Adverse Incident Written Report. Within 14 days of 

becoming aware of an adverse incident reported pursuant to Part 6.3.1, you 

must provide a written report of the adverse incident to the appropriate EPA 

Regional address listed in Part 9 and to the State Lead Agency for pesticide 

registration (see http://npic.orst.edu/state1.htm) Your adverse incident report 

must include at least the following information: 

• Name of permittee, mailing address, and telephone number 

• If the permittee submitted an NOI, the NOI NPDES tracking number 

• Name, address, email address (if any), and telephone number of contact 

person 

• Date and time permittee became aware of the incident 

• Date of incident (if appropriate, list start and end dates) 

• Date and time you contacted EPA notifying the Agency of the adverse 

incident. 

• Location of incident, including approximate range, area, and magnitude of 

impact 

• Names of any waters affected and appearance of affected waters (e.g., 

sheen, color, clarity, etc) 

• EPA Product Registration Number of the pesticide that allegedly caused 

the incident 

• Product use purpose 

• A brief description of the circumstances of the incident including species 

affected, number of individual and approximate size of dead or distressed 

organisms 

• Symptoms or adverse effects 

• Magnitude of the effect (e.g. aquatic square area or total stream distance 

affected) 

• Pesticide application rate, intended use site (e.g., banks, above, or direct to 

water), and method of application 

• Description of the habitat and the circumstances under which the incident 

occurred (including any available ambient water data for pesticides 

applied) 

• If plants were impacted, the type of plant life affected (i.e., crop, forest, 

orchard, home garden, ornamental foliage, etc) 
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23 

• If laboratory tests were performed, indicate what test(s) were performed 

and provide a summary of the test results. 

• Actions to be taken to prevent recurrence of incident. 

• All documentation listed in Part 6.3.1. 

6.4 Other Corrective Action Documentation. For situations identified in Part 

6.1, other than for adverse incidents, you must document the situation 

triggering corrective action within 24 hours of you becoming aware of that 

situation and retain a copy of this documentation on-site. This documentation 

must include the following information: 

• Identification of the condition triggering the need for corrective action 

review, including any ambient water quality monitoring that assisted in 

determining that discharges did not meet water quality standards; 

• A brief description of the circumstances of the situation; and 

• Date the problem was identified. 

Within 14 days of you becoming aware of any condition listed in Part 6.1, 

other than for adverse incidents, you must document and retain the following 

information: 

• Summary of corrective action taken or to be taken; 

• Notice of whether PDMP modifications are required as a result of the 

identified situation; 

• Date corrective action initiated; and 

• Date corrective action completed or expected to be completed. 

7.0 Annual Reporting 

If you exceed a treatment area annual threshold, as identified in Part 1.2.2, 

you must submit an annual report to EPA. This annual report must include 

information for the calendar year during which you were covered under this 

permit, with the first annual report required for the first calendar year, or 

portion of the calendar year, you exceeded the treatment area threshold under 

this permit. The annual report must contain the following information: 

• Permittee’s name 

• NPDES permit tracking number(s) 

• Permittee’s mailing address 

• Contact person name, title, e-mail address (if any), and phone number 

• For each use pattern (see Part 1.1.1): 

o EPA product registration number(s) for each product used, 

o Amount of each product used, 

o Locations and names of waters to which pesticides are discharged 

(including any 8-digit HUC identifiers, if known) 

o Pests controlled 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

24 

EPA strongly recommends that you submit this report electronically using the 

Annual Reporting Form provided as Appendix H. You must submit the 

annual report to EPA no later than February 15 of the following year for all 

pesticide activities covered under this permit occurring during the previous 

calendar year. If you did not have any discharges from pesticide applications 

during any year, you are not required to submit an annual report for that year. 

The appropriate address for the report are Identified in Part 11.0. Permittees 

exceeding a treatment area annual threshold within 30 days of the end of the 

calendar year are not required to submit an annual report for that first partial 

year but must submit annual reports thereafter, with the first annual report 

submitted also including information from the first partial year. Once a 

permittee meets the obligation to submit an annual report, it must submit an 

annual report each year thereafter for the duration of coverage under this 

general permit.

8.0 Recordkeeping 

8.1. All permittees are required to keep the following documentation: 

• A copy of this permit (an electronic copy is also acceptable) 

• A copy of any Adverse Incident Reports (See Part 6.0) 

These records must be accurate and complete to demonstrate your compliance 

with the conditions of this permit: 

8.2. Permittees who are required to implement IPM practices, Part 2.2, are 

required to keep the following records at the address provided on the NOI: 

• Pest Management Log for the pesticide applications you perform. The 

Pest Management Log must be completed and maintained to demonstrate 

your compliance with the conditions of this permit. You must retain a 

copy of the current Pesticide Management Log at the address provided on 

the NOI. You must maintain records of the following information: 

• Permittee’s name 

• NPDES permit tracking number(s) 

• The name(s) of the record keeper; 

• Times and date(s) of pest management activities; 

• Target Pest; 

• Pest management strategies used and what action threshold has been met; 

• Pesticide used: 

• Names and amounts of pesticides used, including EPA registration 

numbers; 

• Locations and names of waters to which pesticides are applied (any 8-

digit HUC identifiers or map coordinates, if known); 

• Surveillance method used; 

• Any observed impacts to non-target organisms resulting from your 

pesticide discharge as required in Part 4, Site Monitoring; 

Comment [c27]: Just so that you are 

aware—a lot of applicators keep their 

records in their vehicle with them during 

the use season. When we do inspections 

it is not uncommon for the applicator to 

have to retrieve the records from the 

vehicle. This is preferable to keeping it 

in an office, because it is always present 

for them to use in the field. 

Comment [c28]: (s) 

Comment [c29]: Should be more 

specific about amount—a.i. or formulated 

product? Many applicators record the 

rate and the area treated, and therefore the 

‘amount’ can be figured from those 

numbers. 
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25 

• When the application equipment was calibrated, cleaned, and 

repaired, if applicable; 

• For mosquito control and aquatic nuisance insect control, if 

applicable, why larviciding is impractical; and 

• Any monitoring information required in Part 4.0. 

8.3. Permittees who are required to develop a Pesticide Discharge Management 

Plan and required to submit an annual report must keep the following records 

at the address provided on the NOI: 

• A copy of your annual reports; 

• A Pesticide Discharge Management Plan (PDMP) as detailed in Part 5.0 

8.4 If you are required to submit an NOI, as identified in Part 1.2.2, you are 

required to keep the following documentation at the address provided on the 

NOI: 

• A copy of the NOI submitted to EPA along with any correspondence 

exchanged between you and EPA specific to coverage under this permit; 

• A copy of the acknowledgment letter you received from the NOI 

Processing Center or eNOI system assigning your permit tracking number; 

• For operators required to submit an NOI after the date on which you were 

authorized to discharge (i.e., after commencing discharge under this 

permit, you determined you were likely to exceed an annual threshold), 

the date on which you made the determination that you had reason to 

believe you will exceed an annual threshold during any calendar year. 

8.5. You must retain copies of documentation outlined in Part 8.1 and, if 

applicable, Part 8.2, Part 8.3 (including any modifications made to the PDMP 

during the term of this permit), and Part 8.4 for a period of at least 3 years 

from the date that your coverage under this permit expires or is terminated. 

9.0 EPA Contact Information and Mailing Addresses 

Notices of Intent and Notices of Termination should be submitted using 

EPA’s eNOI system (www.epa.gov/npdes/eNOI), if possible. Otherwise, a 

paper copy of these notices may be sent to EPA Headquarters at the address 

listed in Part 9.1. 

Paper copies of any reports required in Part 7 (Annual Report) must be sent to 

EPA Headquarters at the address listed in Part 9.1 

All Incident Reports under Part 6.3 must be sent within 14 days of you 

becoming aware of the adverse incident to the EPA Regional offices (see Part 

9.2) and to the State Lead Agency for pesticide regulation (see 

http://npic.orst.edu/state1.htm). 

Comment [c30]: May want to say 

something along the lines of ‘as required 

by state pesticide statute and rules’. In 

Montana we have aquatic herbicide rules 

which specify that an applicator must 

submit an incident report to us by the 

‘quickest means possible immediately 

following said herbicide misapplication 

or escape’. Some of the 

states/reservations where EPA will be 

managing the NPDES permits may have 

similar language regarding pesticide 

incidents.
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26 

All other written correspondence concerning discharges in any State, 

Territory, Indian Country land, or from any Federal facility covered under this 

permit and directed to the EPA, including individual permit applications, must 

be sent to the address of the appropriate EPA Regional Office listed below in 

Part 9.2. 

Note: If EPA notifies dischargers (either directly, by public notice, or by 

making information available on the Internet) of other reporting options that 

become available at a later date (e.g., electronic submission), operators may 

take advantage of those options to satisfy the reporting requirements of this 

permit. 

9.1 EPA Headquarters Addresses

Via U.S. mail: 

U.S. Environmental Protection Agency 

Office of Water, Water Permits Division 

Mail Code 4203M, ATTN: NPDES Pesticides 

1200 Pennsylvania Avenue, NW 

Washington, D.C. 20460 

Or Via Overnight/Express Delivery: 

U.S. Environmental Protection Agency 

Office of Water, Water Permits Division 

Room 7420, ATTN: NPDES Pesticides 

1201 Constitution Avenue, NW 

Washington, D.C. 20004 

Phone number: 202-564-9545 

9.2 EPA Regional Addresses 

9.2.1 Region 1: Connecticut, Massachusetts, New Hampshire, Rhode Island, 

Vermont, and Maine. 

U.S. EPA Region 1 

Office of Ecosystem Protection 

One Congress Street - CIP5 Post Office Square – Mail code OEP 06-1 

Boston, MA 02114 02109-3912 

9.2.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands. 

For Puerto Rico and the Virgin Islands 

U.S. EPA Region 2 
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27 

Caribbean Environmental Protection Division 

Environmental Management Branch 

Centro Europa Building 

1492 Ponce de Leon Avenue, Suite 417 

San Juan, PR 00907-4127 

For New Jersey and New York: 

U.S. EPA Region 2 

Division of Environmental Planning and Protection 

290 Broadway 

New York, NY 10007-1866 

9.2.3 Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, 

West Virginia. 

U.S. EPA Region 3 

Water Protection Division (3WP40) 

1650 Arch Street 

Philadelphia, PA 19103 

9.2.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, Tennessee. 

U.S. EPA Region 4 

Water Management Division 

Atlanta Federal Center 

61 Forsyth Street SW 

Atlanta, GA 30303 

9.2.5 Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. 

U.S. EPA Region 5 

Water Division 

NPDES Programs Branch 

77 W. Jackson Blvd. 

Mail Code WN16J 

Chicago, IL 60604 

9.2.6 Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see 

Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands). 

U.S. EPA Region 6 

P.O. Box 50625 

Dallas, TX 75205 

9.2.7 Region 7: Iowa, Kansas, Missouri, Nebraska. 
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28 

 

U.S. EPA - Region 7 

901 N. 5th St. 

Kansas City, KS 66101 

9.2.8 Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah 

(except see Region 9 for Goshute Reservation and Navajo Reservation lands), the 

Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation in 

Nebraska. 

U.S. EPA Region 8 

8P-W-WW 

1595 Wynkoop St. 

Denver, CO 80202- 1129 

9.2.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah 

and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck 

Valley Reservation in Idaho, Fort McDermitt Reservation in Oregon. 

U.S. EPA Region 9 

Water Management Division, WTR-5 

75 Hawthorne St. 

San Francisco, CA 94105 

9.2.10 Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt 

Reservation), Washington. 

U.S. EPA Region 10 

Office of Water and Watersheds OWW-130 

1200 6th Avenue Suite 900 

Seattle, WA 98101 

10. Permit Conditions Applicable to Specific States, Territories, and Indian 

Country Lands 

(Specific permit conditions will be added to the final permit based on CWA 

§401 and CZMA certification information provided by states, territories, or 

tribes, for areas and activities covered under this permit.) 
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29 

Appendix A. 

Definitions, Abbreviations, and Acronyms

A.1. DEFINITIONS 

Active ingredient – any substance (or group of structurally similar substances if 

specified by the Agency) that will prevent, destroy, repel or mitigate any pest, or that 

functions as a plant regulator, desiccant, or defoliant within the meaning of FIFRA sec. 

2(a),. [40 CFR 152.3] Active ingredient also means a pesticidal substance that is 

intended to be produced and used in a living plant, or in the produce thereof, and the 

genetic material necessary for the production of such a pesticidal substance. [40 CFR 

174.3] 

Adverse incident – means an incident, which you have observed upon inspection or of 

which you otherwise become aware, in which: 

(1) A person or non-target organism may have been exposed to a pesticide 

residue, and 

(2) The person or non-target organism suffered a toxic or adverse effect, or is 

reasonably likely to suffer a delayed or chronic adverse effect in the future. 

The phrase “toxic or adverse effects” includes effects on non-target plants, fish or 

wildlife that are unusual or unexpected as a result of exposure to a pesticide residue, and 

may include: 

 Distressed or dead juvenile and small fishes 

 Washed up or floating fish 

 Fish swimming abnormally or erratically 

 Fish lying lethargically at water surface or in shallow water 

 Fish that are listless or nonresponsive to disturbance 

 Stunting, wilting, or desiccation of non-target submerged or emergent aquatic 

plants 

 Other dead or visibly distressed non-target aquatic organisms (amphibians, 

turtles, invertebrates, etc.) 

The phrase, “toxic or adverse effects,” also includes any adverse effects to humans (e.g., 

skin rashes) or domesticated animals temporally and spatially related to exposure to a 

pesticide residue (e.g., vomiting, lethargy). 

However, reporting of adverse incidents is not required in the following situations: 

(1) the permittee is aware of facts that clearly establish that the reported toxic 

effect, or reported exposure, did not or will not occur. 
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30 

(2) The permittee has been notified in writing by EPA that the reporting 

requirement has been waived for this incident or category of incidents, and the permittee 

has not been notified in writing by the Agency that the waiver is rescinded. 

(3) The adverse incident involves only a toxic effect to non-target plants, which 

were at the use site at the time the pesticide was applied, and pesticide labeling provides 

adequate notice of such a risk. 

(4) It concerns an adverse effect to pests not specified on the label, provided that 

such pests are similar to pests specified on the label. 

Best Management Practices (BMPs) – schedules of activities, practices (and 

prohibitions of practices), structures, vegetation, maintenance procedures, and other 

management practices to prevent or reduce the discharge of pollutants to waters of the 

U.S. BMPs also include treatment requirements, operating procedures, and practices to 

control spillage or leaks, or drainage from raw material storage. [40 CFR 122.2] 

Biological pesticides (also called biopesticides) - include microbial pesticides, 

biochemical pesticides and plant-incorporated protectant (PIP). Microbial pesticide 

means a microbial agent intended for preventing, destroying, repelling, or mitigating any 

pest, or intended for use as a plant regulator, defoliant, or dessicant, that (1) is a 

eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi; (2) is 

a procaryotic microorganism, including, but not limited to, Eubacteria and 

Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not 

limited to, viruses. [40 CFR 174.43] Biochemical pesticide mean a pesticide that (1) is a 

naturally-occurring substance or structurally-similar and functionally identical to a 

naturally-occurring substance; (2) has a history of exposure to humans and the 

environment demonstrating minimal toxicity, or in the case of a synthetically-derived 

biochemical pesticides, is equivalent to a naturally-occurring substance that has such a 

history; and (3) Has a non-toxic mode of action to the target pest(s). [40 CFR 

158.2000(a)] Plant-incorporated protectant means a pesticidal substance that is intended 

to be produced and used in a living plant, or in the produce thereof, and the genetic 

material necessary for production of such a pesticidal substance. It also includes any 

inert ingredient contained in the plant, or produce thereof. [40 CFR 174.3]

Chemical pesticides – all pesticides not otherwise classified as biological pesticides. 

Control Measure – refers to any BMP or other method used to meet the effluent 

limitations to minimize the discharge of pollutants to waters of the U.S. 

Declared Emergency Situation – Any event defined by public declaration by a federal 

agency, state, or local government of a pest problem that is determined to require control 

by the application of a pesticide beginning less than ten days after identification of the 

need for pest control. This public declaration may be based on: 

(1) Significant risk to human health; 

(2) Significant economic loss; or 
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31 

(3) Significant risk to: 

(i) Endangered species, 

(ii) Threatened species, 

(iii) Beneficial organisms, or 

(iv) The environment. 

[40 CFR 166] 

Director – a Regional Administrator of the Environmental Protection Agency or an 

authorized representative. [excerpted from 40 CFR 122.2] 

Discharge – when used without qualification, means the "discharge of a pollutant.” [40 

CFR 122.2] 

Discharge of a pollutant – any addition of any “pollutant” or combination of pollutants 

to “waters of the United States” from any “point source,” or any addition of any pollutant 

or combination of pollutants to the waters of the “contiguous zone” or the ocean from any 

point source other than a vessel or other floating craft which is being used as a means of 

transportation. This includes additions of pollutants into waters of the United States from: 

surface runoff which is collected or channeled by man; discharges through pipes, sewers, 

or other conveyances, leading into privately owned treatment works. [excerpted from 40 

CFR 122.2] 

EPA Approved or Established Total Maximum Daily Loads (TMDLs) – “EPA 

Approved TMDLs” are those that are developed by a State and approved by EPA. “EPA 

Established TMDLs” are those that are issued by EPA. 

Enterprise – a business organization consisting of one or more establishments specified 

under common ownership or control. The enterprise and establishment are the same for 

single-establishment enterprises. Each establishment of an enterprise is assigned a 

NAICS code based on its own primary business activity. 

Establishment – generally a single physical location where business is conducted or 

where services or industrial operations are performed (e.g., factory, mill, store, hotel, 

movie theater, mine, farm, airline terminal, sales office, warehouse, or central 

administrative office). 

Facility or Activity – any NPDES “point source” (including land or appurtenances 

thereto) that is subject to regulation under the NPDES program. [40 CFR 122.2] 

Federal Facility – any buildings, installations, structures, land, public works, equipment, 

aircraft, vessels, and other vehicles and property, owned by, or constructed or 

manufactured for the purpose of leasing to, the federal government. 

For-Hire Applicator - Includes persons who make contractual pesticide applications for 

which they or their employer receives compensation (e.g., lawn care firms, pest control 

companies). 
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32 

Hydrologic Unit Code (or HUC) - The United States is divided and sub-divided into 

successively smaller hydrologic units which are classified into four levels: regions, subregions, accounting units, and cataloging units. The hydrologic units are arranged within 

each other, from the smallest (cataloging units) to the largest (regions). Each hydrologic 

unit is identified by a unique hydrologic unit code (HUC) consisting of two to eight digits 

based on the four levels of classification in the hydrologic unit system. 

(http://water.usgs.gov/GIS/huc.html) 

Impaired Water (or “Water Quality Impaired Water” or “Water Quality Limited 

Segment”) – A water is impaired for purposes of this permit if it has been identified by a 

State, Territory, Tribe or EPA pursuant to Section 303(d) of the Clean Water Act as not 

meeting applicable State, Territorial, or Tribal water quality standards (these waters are 

called “water quality limited segments” under 40 CFR 30.2(j)). Impaired waters include 

both waters with approved or established TMDLs, and those for which a TMDL has not 

yet been approved or established. 

Indian Country – (a) all land within the limits of any Indian reservation under the 

jurisdiction of the United States Government, notwithstanding the issuance of any patent, 

and including rights-of-way running through the reservation; (b) all dependent Indian 

communities within the borders of the United States, whether within the original or 

subsequently acquired territory thereof, and whether within or without the limits of a 

State, and (c) all Indian allotments, the Indian titles to which have not been extinguished, 

including rights-of-way running through the same. This definition includes all land held 

in trust for an Indian tribe. [18 U.S.C. 1151; 40 CFR 122.2] 

Inert Ingredient - any substance (or group of structurally similar substances if 

designated by the Agency), other than an active ingredient, which is intentionally 

included in a pesticide product,. [40 CFR 152.3] Inert ingredient also means any 

substance, such as a selectable marker, other than the active ingredient, where the 

substance is used to confirm or ensure the presence of the active ingredient, and includes, 

the genetic material necessary for the production of the substance, provided that genetic 

material is intentionally introduced into a living plant in addition to the active ingredient. 

[40 CFR 174.3] 

Integrated Pest Management – a holistic approach to managing pests by combining 

biological, cultural, physical, and chemical tools in a way that balances economic, health, 

and environmental risks and benefits. 

Minimize - to reduce and/or eliminate pesticide discharges to waters of the United States 

through the use of control measures and to the extent technologically available and 

economically practicable and achievable.

North American Industry Classification System (NAICS) – developed under the 

direction and guidance of the U.S. Office of Management and Budget (OMB) as the 

standard for use by Federal statistical agencies in classifying business establishments for 
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33 

the collection, tabulation, presentation, and analysis of statistical data describing the U.S. 

economy. NAICS is scheduled to be reviewed every 5 years for potential revisions with 

the most recent version being completed in 2007. Under NAICS, an establishment is 

generally a single physical location where business is conducted or where services or 

industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, 

farm, airline terminal, sales office, warehouse, or central administrative office). An 

enterprise, on the other hand, may consist of more than one location performing the same 

or different types of economic activities. Each establishment of that enterprise is assigned 

a NAICS code based on its own primary business activity. Ideally, the primary business 

activity of an establishment is determined by relative share of production costs and/or 

capital investment. In practice, other variables, such as revenue, value of shipments, or 

employment, are used as proxies. For this permit, the U.S. Environmental Protection 

Agency uses revenue or value of shipments to determine an establishment's primary 

business activity. Details of NAICS are available on the Internet at 

http://www.census.gov/eos/www/naics/index.html. 

Operator – any entity with a discharge resulting from a pesticide application that meets 

either of the following two criteria: 

(i) The entity has operational control over the decision to perform pesticide applications 

that result in discharges, including the ability to modify those decisions; and/or 

(ii) The entity has day-to-day operational control of activities which are necessary to 

ensure compliance with the permit (e.g., they are authorized to direct workers to carry out 

activities required by the permit). 

Person – an individual, association, partnership, corporation, municipality, State or 

Federal agency, or an agent or employee thereof. 

Pest – Consistent with 40 CFR 152.5, any organism under circumstances that make it 

deleterious to man or the environment, if it is: 

(a) Any vertebrate animal other than man; 

(b) Any invertebrate animal, including but not limited to, any insect, other arthropod, 

nematode, or mollusk such as a slug and snail, but excluding any internal parasite of 

living man or other living animals; 

(c) Any plant growing where not wanted, including any moss, alga, liverwort, or other 

plant of any higher order, and any plant part such as a root; or 

(d) Any fungus, bacterium, virus, or other microorganism, except for those on or in living 

man or other living animals and those on or in processed food or processed animal feed, 

beverages, drugs (as defined in FFDCA sec. 201(g)(1)) and cosmetics (as defined in 

FFDCA sec. 201(i)). 

5. Pesticide – means (1) any substance or mixture of substances intended for preventing, 

destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances 

intended for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen 
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34 

stabilizer, except that the term ‘‘pesticide’’ shall not include any article that is a ‘‘new 

animal drug’’ within the meaning of section 201(w) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health 

and Human Services not to be a new animal drug by a regulation establishing conditions 

of use for the article, or that is an animal feed within the meaning of section 201(x) of 

such Act (21 U.S.C. 321(x)) bearing or containing a new animal drug. The term 

‘‘pesticide’’ does not include liquid chemical sterilant products (including any sterilant or 

subordinate disinfectant claims on such products) for use on a critical or semi-critical 

device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

321). For purposes of the preceding sentence, the term ‘‘critical device’’ includes any 

device which is introduced directly into the human body, either into or in contact with the 

bloodstream or normally sterile areas of the body and the term ‘‘semi-critical device’’ 

includes any device which contacts intact mucous membranes but which does not 

ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the 

body. [FIFRA Section 2(u)] 

The term pesticide applies to insecticides, herbicides, fungicides, rodenticides, and 

various other substances used to control pests. The definition encompasses all uses of 

pesticides authorized under FIFRA including uses authorized under sections 3 

(registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special 

local needs registrations), and 25(b) (exemptions from FIFRA). 

Note: drugs used to control diseases of humans or animals (such as livestock and pets) 

are not considered pesticides; such drugs are regulated by the Food and Drug 

Administration. Fertilizers, nutrients, and other substances used to promote plant 

survival and health are not considered plant growth regulators and thus are not pesticides. 

Biological control agents, except for certain microorganisms, are exempted from 

regulation as pesticides under FIFRA. (Biological control agents include beneficial 

predators such as birds or ladybugs that eat insect pests, parasitic wasps, fish, etc).

This permit uses the term “pesticide” when referring to the “pesticide, as applied.” 

When referring to the chemical in the pesticide product with pesticidal qualities, the 

permit uses the term “active ingredient.” 

Pesticide drift - the physical movement of pesticide droplets or particles through the air 

from the target site to any non-target site. Pesticide spray and dust drift occurs during 

application or soon thereafter. [Under stable atmospheric conditions (such as nearground temperature inversion), drift can also occur after the application has been 

completed.] Pesticide drift does not include the movement of pesticide caused by other 

types of migration such as windblown soil particles or volatilization from the application 

site after application. 

Pesticide Product – a pesticide in the particular form (including composition, packaging, 

and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term 

includes any physical apparatus used to deliver or apply the pesticide if distributed or 

sold with the pesticide. 
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35 

Pesticide Research and Development – Activities undertaken on a systematic basis to 

gain new knowledge (research) and/or the application of research findings or other 

scientific knowledge for the creation of new or significantly improved products or 

processes (experimental development). These types of activities are generally 

categorized under the four-digit code of 5417 under the 2007 NAICS. 

Pesticide Residue – includes that portion of a pesticide application that is discharged 

from a point source to waters of the US and no longer provides pesticidal benefits. It may 

include the pesticide and its degradates of the pesticide. 

Point source – any discernible, confined, and discrete conveyance, including but not 

limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, 

rolling stock, concentrated animal feeding operation, landfill leachate collection system, 

vessel, or other floating craft from which pollutants are or may be discharged. This term 

does not include return flows from irrigated agriculture or agricultural stormwater runoff. 

[40 CFR 122.2] 

Pollutant – dredged spoil, solid waste, incinerator residue, filter backwash, sewage, 

garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked 

or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural 

waste discharged into water. For purposes of this definition, a “biological pesticide” is 

considered a “biological material,” and any “pesticide residue” resulting from use of a 

“chemical pesticide” is considered a “chemical waste.” [excerpted from 40 CFR 122.2] 

Public entity - A Federal, State, city, district, or other public body including a school 

district, university, public utility (e.g., electric, water, gas), a special district such as a 

mosquito control district, or a similar entity; an Indian tribe or authorized Indian tribal 

organization (e.g., as identified by category code 92 in the 2007 NAICS, and government 

establishments engaged in other sectors including but not limited to category codes 22 

(Utilities) and 71 (Arts, Entertainment, and Recreation) in the 2007 NAICS). 

Responsible entity – the person making the decision to control pests for which a 

discharge will occur that requires NPDES permit coverage under this permit.

Tier 2 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), Tier 2 

waters are characterized as having water quality that exceeds the levels necessary to 

support protection and propagation of fish, shellfish, and wildlife and recreation in and on 

the water, consistent with CWA 101(a)(2). That water quality shall be maintained and 

protected unless the State, Territory, or Tribe finds that allowing lower water quality is 

necessary to accommodate important economic or social development. 

Tier 3 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 

waters are identified by States, Territories, or Tribes as having high quality waters 

constituting an Outstanding Natural Resource Water (ONRW), such as waters of National 
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36 

Parks and State Parks, wildlife refuges, and waters of exceptional recreational or 

ecological significance. That high water quality shall be maintained and protected. 

Total Maximum Daily Loads (TMDLs) – A TMDL is a calculation of the maximum 

amount of a pollutant that a water body can receive and still meet water quality standards, 

and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload 

allocations (WLAs) for point source discharges; load allocations (LAs) for nonpoint 

sources and/or natural background, and must include a margin of safety (MOS) and 

account for seasonal variations. [See section 303(d) of the Clean Water Act and 40 CFR 

130.2 and 130.7] 

Treatment Area – The area of land, including any waters, to or over which pesticides 

are being applied at a concentration adequate to cause the intended effect of controlling 

targeted pests within that area. 

Water of the United States – is as defined is as defined at 40 CFR 122.2. 

Water Quality Impaired – See ‘Impaired Water’. 

Water Quality Standards – A water quality standard defines the water quality goals of a 

water body, or portion thereof, by designating the use or uses to be made of the water and 

by setting criteria necessary to protect the uses. Water quality standards also include an 

antidegradation policy and implementation procedures. See P.U.D. o. 1 of Jefferson 

County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994). States, Territories, 

Tribes and EPA adopt water quality standards to protect public health or welfare, enhance 

the quality of water and serve the purposes of the Clean Water Act (See CWA sections 

101(a)2 and 303(c)). Water quality standards also include an antidegradation policy and 

implementation procedures. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of 

Ecology et al, 511 US 701, 705 (1994). Where necessary, EPA has the authority to 

promulgate federal water quality standards. 

Water-Treatment area – The surface area of a water to or over which pesticides are 

being applied at a concentration adequate to cause the intended effect of controlling 

targeted pests within that area.

 “You” and “Your” – as used in this permit are intended to refer to the permittee, the 

operator, or the discharger as the context indicates and that party’s activities or 

responsibilities. 

A.2. ABBREVIATIONS AND ACRONYMS 

BAT – Best Available Technology Economically Achievable 

BMP – Best Management Practice 

BPJ – Best Professional Judgment 

BPT – Best Practicable Control Technology Currently Available 

CERCLA – Comprehensive Environmental Response, Compensation and Liability Act 
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37 

CWA – Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et 

seq) 

EPA – U. S. Environmental Protection Agency 

ESA – Endangered Species Act 

FIFRA – Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq. 

FWS – U. S. Fish and Wildlife Service 

HUC – Hydrologic Unit Code 

IPM – Integrated Pest Management 

NAICS – North American Industry Classification System 

NEPA – National Environmental Policy Act 

NHPA – National Historic Preservation Act 

NMFS – U. S. National Marine Fisheries Service 

NOI – Notice of Intent 

NOT – Notice of Termination 

NPDES – National Pollutant Discharge Elimination System 

NRC – National Response Center 

NRHP – National Register of Historic Places 

ORW – Outstanding Resource Water 

SARA – Superfund Amendments and Reauthorization Act 

SHPO – State Historic Preservation Officer 

THPO – Tribal Historic Preservation Officer 

TMDL – Total Maximum Daily Load 

WQS – Water Quality Standard 
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38 

Appendix B

Standard Permit Conditions 

Standard permit conditions in Appendix B are consistent with the general permit 

provisions required under 40 CFR 122.41. 

B.1 Duty To Comply. 

You must comply with all conditions of this permit. Any permit noncompliance 

constitutes a violation of the Clean Water Act and is grounds for enforcement action; for 

permit termination, revocation and reissuance, or modification; or for denial of a permit 

renewal application. 

A. You must comply with effluent standards or prohibitions established under 

section 307(a) of the Clean Water Act for toxic pollutants within the time 

provided in the regulations that establish these standards, even if the permit has 

not yet been modified to incorporate the requirement. 

B. Penalties for Violations of Permit Conditions: The Director will adjust the civil 

and administrative penalties listed below in accordance with the Civil Monetary 

Penalty Inflation Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359-

69366, as corrected in 62 FR 54, March 20, 1997, pp.13514-13517) as mandated 

by the Debt Collection Improvement Act of 1996 for inflation on a periodic basis. 

This rule allows EPA’s penalties to keep pace with inflation. The Agency is 

required to review its penalties at least once every 4 years thereafter and to adjust 

them as necessary for inflation according to a specified formula. The civil and 

administrative penalties following were adjusted for inflation starting in 1996. 

1. Criminal Penalties. 

1.1 Negligent Violations. The CWA provides that any person who negligently 

violates permit conditions implementing Sections 301, 302, 306, 307, 308, 

318, or 405 of the Act is subject to criminal penalties of not less than 

$2,500 nor more than $25,000 per day of violation, or imprisonment of not 

more than one year, or both. In the case of a second or subsequent 

conviction for a negligent violation, a person shall be subject to criminal 

penalties of not more than $50,000 per day of violation or by 

imprisonment of not more than two years, or both. 

1.2. Knowing Violations. The CWA provides that any person who knowingly 

violates permit conditions implementing Sections 301, 302, 306, 307, 308, 

318, or 405 of the Act is subject to a fine of not less than $5,000 nor more 

than $50,000 per day of violation, or by imprisonment for not more than 3 

years, or both. In the case of a second or subsequent conviction for a 
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39 

knowing violation, a person shall be subject to criminal penalties of not 

more than $100,000 per day of violation, or imprisonment of not more 

than 6 years, or both. 

1.3 Knowing Endangerment. The CWA provides that any person who 

knowingly violates permit conditions implementing Sections 301, 302, 

306, 307, 308, 318, or 405 of the Act and who knows at that time that he 

or she is placing another person in imminent danger of death or serious 

bodily injury shall upon conviction be subject to a fine of not more than 

$250,000 or by imprisonment of not more than 15 years, or both. In the 

case of a second or subsequent conviction for a knowing endangerment 

violation, a person shall be subject to a fine of not more than $500,000 or 

by imprisonment of not more than 30 years, or both. An organization, as 

defined in section 309(c)(3)(B)(iii) of the Act, shall, upon conviction of 

violating the imminent danger provision be subject to a fine of not more 

than $1,000,000 and can fined up to $2,000,000 for second or subsequent 

convictions. 

1.4. False Statement. The CWA provides that any person who falsifies, 

tampers with, or knowingly renders inaccurate any monitoring device or 

method required to be maintained under this permit shall, upon conviction, 

be punished by a fine of not more than $10,000, or by imprisonment for 

not more than 2 years, or both. If a conviction of a person is for a violation 

committed after a first conviction of such person under this paragraph, 

punishment is a fine of not more than $20,000 per day of violation, or by 

imprisonment of not more than 4 years, or both. The Act further provides 

that any person who knowingly makes any false statement, representation, 

or certification in any record or other document submitted or required to 

be maintained under this permit, including monitoring reports or reports of 

compliance or non-compliance shall, upon conviction, be punished by a 

fine of not more than $10,000 per violation, or by imprisonment for not 

more than 6 months per violation, or by both. 

2. Civil Penalties. The CWA provides that any person who violates a permit 

condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act 

is subject to a civil penalty not to exceed the maximum amounts authorized by 

Section 309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act 

(28 U.S.C. § 2461 note) as amended by the Debt Collection Improvement Act (31 

U.S.C. § 3701 note) (currently $37,500 per day for each violation). 

3. Administrative Penalties. The CWA provides that any person who violates a 

permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of 

the Act is subject to an administrative penalty, as follows 

3.1. Class I Penalty. Not to exceed the maximum amounts authorized by 

Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation 
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40 

Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt 

Collection Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 

per violation, with the maximum amount of any Class I penalty assessed 

not to exceed $37,500). 

3.2 Class II Penalty. Not to exceed the maximum amounts authorized by 

Section 309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation 

Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt 

Collection Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 

per day for each day during which the violation continues, with the 

maximum amount of any Class II penalty not to exceed $157,500). 

B.2 Duty to Reapply. 

If you wish to continue an activity regulated by this permit after the expiration date of 

this permit, you must apply for and obtain authorization as required by the new permit 

once EPA issues it. 

B.3 Need to Halt or Reduce Activity Not a Defense. 

It shall not be a defense for you in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the 

conditions of this permit. 

B.4 Duty to Mitigate. 

You must take all reasonable steps to minimize or prevent any discharge in violation of 

this permit which has a reasonable likelihood of adversely affecting human health or the 

environment. 

B.5 Proper Operation and Maintenance. 

You must at all times properly operate and maintain all facilities and systems of treatment 

and control (and related appurtenances) which are installed or used by you to achieve 

compliance with the conditions of this permit. Proper operation and maintenance also 

includes adequate laboratory controls and appropriate quality assurance procedures. This 

provision requires the operation of backup or auxiliary facilities or similar systems which 

are installed by you only when the operation is necessary to achieve compliance with the 

conditions of this permit. 

B.6 Permit Actions. 

This permit may be modified, revoked and reissued, or terminated for cause. Your filing 

of a request for a permit modification, revocation and reissuance, or termination, or a 

notification of planned changes or anticipated noncompliance does not stay any permit 

condition. 
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B.7 Property Rights. 

This permit does not convey any property rights of any sort, or any exclusive privileges. 

B.8 Duty to Provide Information. 

You must furnish to EPA or an authorized representative (including an authorized 

contractor acting as a representative of EPA), within a reasonable time, any information 

which EPA may request to determine whether cause exists for modifying, revoking and 

reissuing, or terminating this permit or to determine compliance with this permit. You 

must also furnish to EPA or an authorized representative upon request, copies of records 

required to be kept by this permit. 

B.9 Inspection and Entry. 

You must allow EPA or an authorized representative (including an authorized contractor 

acting as a representative of EPA), upon presentation of credentials and other documents 

as may be required by law, to: 

A. Enter upon your premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

B. Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of this permit; 

C. Inspect at reasonable times any facilities, equipment (including monitoring and 

control equipment), practices, or operations regulated or required under this 

permit; and 

D. Sample or monitor at reasonable times, for the purposes of assuring permit 

compliance or as otherwise authorized by the Clean Water Act, any substances or 

parameters at any location. 

B.10 Monitoring and Records. 

A. Samples and measurements taken for the purpose of monitoring must be 

representative of the volume and nature of the monitored activity. 

B. You must retain records of all monitoring information, including all calibration 

and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and 

records of all data used to complete the application for this permit, for a period of 

at least three years from the date the permit expires or the date the permittee’s 

authorization is terminated. This period may be extended by request of EPA at 

any time. 
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C. Records of monitoring information must include: 

1. The date, exact place, and time of sampling or measurements; 

2. The individual(s) who performed the sampling or measurements; 

3. The date(s) analyses were performed 

4. The individual(s) who performed the analyses; 

5. The analytical techniques or methods used; and 

6. The results of such analyses. 

D. Monitoring must be conducted according to test procedures approved under 40 

CFR Part 136, unless other test procedures have been specified in the permit. 

E. The Clean Water Act provides that any person who falsifies, tampers with, or 

knowingly renders inaccurate any monitoring device or method required to be 

maintained under this permit shall, upon conviction, be punished by a fine of not 

more than $10,000, or by imprisonment for not more than 2 years, or both. If a 

conviction of a person is for a violation committed after a first conviction of such 

person under this paragraph, punishment is a fine of not more than $20,000 per 

day of violation, or by imprisonment of not more than 4 years, or both. 

B.11 Signatory Requirements. 

A. All applications, including NOIs, must be signed as follows: 

1. For a corporation: By a responsible corporate officer. For the purpose of 

this subsection, a responsible corporate officer means: (i) a president, 

secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar 

policy- or decision-making functions for the corporation, or (ii) the 

manager of one or more manufacturing, production, or operating facilities, 

provided, the manager is authorized to make management decisions which 

govern the operation of the regulated facility including having the explicit 

or implicit duty of making major capital investment recommendations, and 

initiating and directing other comprehensive measures to assure long term 

environmental compliance with environmental laws and regulations; the 

manager can ensure that the necessary systems are established or actions 

taken to gather complete and accurate information for permit application 

requirements; and where authority to sign documents has been assigned or 

delegated to the manager in accordance with corporate procedures. 

2. For a partnership or sole proprietorship: By a general partner or the 

proprietor, respectively; or 
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43 

3. For a municipality, state, federal, or other public agency: By either a 

principal executive officer or ranking elected official. For purposes of this 

subsection, a principal executive officer of a federal agency includes (i) 

the chief executive officer of the agency, or (ii) a senior executive officer 

having responsibility for the overall operations of a principal geographic 

unit or the agency (e.g., 

Regional Administrator of EPA). 

B. Your Pesticide Discharge Management Plan (PDMP), including changes to your 

PDMP to document any corrective actions taken as required by Part 4.0, and all 

reports submitted to EPA, must be signed by a person described in Appendix B, 

Subsection 11.A above or by a duly authorized representative of that person. A 

person is a duly authorized representative only if: 

1. The authorization is made in writing by a person described in Appendix B, 

Subsection 11.A; 

2. The authorization specifies either an individual or a position having 

responsibility for the overall operation of the regulated facility or activity 

such as the position of superintendent, position of equivalent 

responsibility, or an individual or position having overall responsibility for 

environmental matters for the company. (A duly authorized representative 

may thus be either a named individual or any individual occupying a 

named position); and 

3. The signed and dated written authorization is included in the PDMP. A 

copy must be submitted to EPA, if requested. 

C. All other changes to your PDMP, and other compliance documentation required 

under this permit, must be signed and dated by the person preparing the change or 

documentation. 

D. Changes to Authorization. If an authorization under Appendix B, Subsection B.11 

11.B is no longer accurate because the application activities have been purchased 

by a different entity, a new NOI satisfying the requirements of Subsection B.11 

11.B must be submitted to EPA. However, if the only change that is occurring is a 

change in contact information or a change in the operator’s address, the operator 

need only make a modification to the existing NOI submitted for authorization. 

E. Any person signing documents in accordance with Appendix B, Subsections A.11 

11.A or B.11 11.B above must include the following certification: 

“I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system 

designed to assure that qualified personnel properly gathered and 

evaluated the information contained therein. Based on my inquiry of the 

person or persons who manage the system, or those persons directly 

responsible for gathering the information, the information contained is, to 
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44 

the best of my knowledge and belief, true, accurate, and complete. I am 

aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing 

violations.” 

F. The CWA provides that any person who knowingly makes any false statement, 

representation, or certification in any record or other document submitted or 

required to be maintained under this permit, including monitoring reports or 

reports of compliance or non-compliance shall, upon conviction, be punished by a 

fine of not more than $10,000 per violation, or by imprisonment for not more than 

6 months per violation, or by both. 

B.12 Reporting Requirements. 

A. Anticipated noncompliance. You must give advance notice to EPA of any planned 

changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

B. Transfers. This permit is not transferable to any person except after notice to 

EPA. Where a facility wants to change the name of the permittee, the original 

permittee (the first owner or operators) must submit a Notice of Termination 

pursuant to Part 1.3. The new owner or operator must submit a Notice of Intent in 

accordance with Part 1.2.3 and Table 1-2. See also requirements in Appendix B, 

Subsections 11.B and 11.D. 

C. Pesticide Monitoring Reports. This permit does not require permittees to report 

monitoring results on a routine basis; however, EPA may, pursuant to Part 4.5, 

require certain permittees to monitor and report such results. 

1. When required, monitoring data must be submitted to EPA using EPA’s 

online eNOI system (www.epa.gov/npdes/eNOI) or, if you cannot access 

eNOI, monitoring results should be reported on a Discharge Monitoring 

Report (DMR) form, available at www.epa.gov/npdes, and submitted to 

EPA at the address identified in Part 9.1. 

2. If you monitor any pollutant more frequently than required by the permit 

using test procedures approved under 40 CFR Part 136 or as specified in 

the permit, the results of this monitoring must be included in the 

calculation and reporting of the data submitted to EPA. 

3. Calculations for all limitations which require averaging of measurements 

must use an arithmetic mean unless otherwise specified by EPA in the 

permit. 

D. Compliance schedules. Reports of compliance or noncompliance with, or any 

progress reports on, interim and final requirements contained in any compliance 
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45 

schedule of this permit must be submitted no later than 14 days following each 

schedule date. 

E. Twenty-four hour reporting. 

1. You must report any noncompliance which may endanger health or the 

environment. Any information must be provided orally within 24 hours 

from the time you become aware of the circumstances. A written 

submission must also be provided within five days of the time you become 

aware of the circumstances. The written submission must contain a 

description of the noncompliance and its cause; the period of 

noncompliance, including exact dates and times, and if the noncompliance 

has not been corrected, the anticipated time it is expected to continue; and 

steps taken or planned to reduce, eliminate, and prevent reoccurrence of 

the noncompliance. 

2. The following shall be included as information which must be reported 

within 24 hours under this paragraph. 

a. Any upset which exceeds any effluent limitation in the permit 

b. Violation of a maximum daily discharge limit for any numeric effluent 

limitation. (See 40 CFR 122.44(g).) 

3. EPA may waive the written report on a case-by-case basis for reports 

under Appendix B, Subsection B.12.F.2 if the oral report has been 

received within 24 hours. 

F. Other noncompliance. You must report all instances of noncompliance not 

reported under Appendix B, Subsections 12.D, 12.E, and 12.F, at the time 

monitoring reports are submitted. The reports must contain the information listed 

in Appendix B, Subsection 12.F. 

G. Other information. Where you become aware that you failed to submit any 

relevant facts in a permit application, or submitted incorrect information in a 

permit application or in any report to the Permitting Authority, you must promptly 

submit such facts or information. 

B.13 Upset. 

A. Definition. Upset means an exceptional incident in which there is unintentional 

and temporary noncompliance with technology based permit effluent limitations 

because of factors beyond your reasonable control. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed 

treatment facilities, inadequate treatment facilities, lack of preventive 

maintenance, or careless or improper operation. See 40 CFR 122.41(n)(1). 
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46 

B. Effect of an upset. An upset constitutes an affirmative defense to an action 

brought for noncompliance with such technology based permit effluent limitations 

if the requirements of Appendix B, Subsection 14.C are met. No determination 

made during administrative review of claims that noncompliance was caused by 

upset, and before an action for noncompliance, is final administrative action 

subject to judicial review. See 40 CFR 122.41(n)(2). 

C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). A 

permittee who wishes to establish the affirmative defense of upset must 

demonstrate, through properly signed, contemporaneous operating logs, or other 

relevant evidence that: 

1. An upset occurred and that you can identify the cause(s) of the upset; 

2. The permitted facility was at the time being properly operated; and 

3. You submitted notice of the upset as required in Appendix B, Subsection 

12.F.2.b (24 hour notice). 

4. You complied with any remedial measures required under Appendix B, 

Subsection 4. 

D. Burden of proof. In any enforcement proceeding, you, as the one seeking to 

establish the occurrence of an upset, have the burden of proof. See 40 CFR 

122.41(n)(4). 
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47 

Appendix C

Areas Covered 

1. EPA Region 1: CT, MA, ME, NH, RI, VT 

Where EPA is Permitting Authority 

-Commonwealth of Massachusetts, including Indian country 

-Indian country within the State of Connecticut 

-State of New Hampshire 

-Indian country within the State of Rhode Island 

-Federal Facilities in the State of Vermont 

2. EPA Region 2: NJ, NY, PR, VI 

Where EPA is Permitting Authority 

-Indian country within the State of New York 

-The Commonwealth of Puerto Rico 

3. EPA Region 3: DE, DC, MD, PA, VA, WV 

Where EPA is Permitting Authority 

-The District of Columbia 

-Federal Facilities in the State of Delaware 

4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN 

Where EPA is Permitting Authority 

-Indian country within the State of Alabama. 

-Indian country within the State of Florida. 

-Indian country within the State of Mississippi. 

-Indian country within the State of North Carolina. 

5. EPA Region 5: IL, IN, MI, MN, OH, WI 

Where EPA is Permitting Authority 

-Indian country within the State of Michigan 

-Indian country within the State of Minnesota 

-Indian country within the State of Wisconsin 
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48 

6. EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and 

see Region 8 for Ute Mountain Reservation lands) 

Where EPA is Permitting Authority 

-Indian country within the State of Louisiana 

-The State of New Mexico, including Indian country within the State of New Mexico, 

except Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation Lands 

(see Region 8) 

-Indian country within the State of Oklahoma 

-Discharges in the State of Oklahoma that are not under the authority of the Oklahoma 

Department of Environmental Quality, including activities associated with oil and gas 

exploration, drilling, operations, and pipelines (includes SIC Groups 13 and 46, and SIC 

codes 492 and 5171), and point source discharges associated with agricultural production, 

services, and silviculture (includes SIC Groups 01, 02, 07, 08, 09). 

-Discharges in the State of Texas that are not under the authority of the Texas 

Commission on Environmental Quality (formerly TNRCC), including activities 

associated with the exploration, development, or production of oil or gas or geothermal 

resources, including transportation of crude oil or natural gas by pipeline. 

-Indian country within the State of Texas. 

7. EPA Region 7: IA, KS, MO, NE (except see Region 8 for Pine Ridge Reservation 

Lands) 

Where EPA is Permitting Authority 

-Indian country within the State of Iowa 

-Indian country within the State of Kansas 

-Indian country within the State of Nebraska, except Pine Ridge Reservation lands (see 

Region 8) 

8. EPA Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for Goshute 

Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in NM, 

and the Pine Ridge Reservation in NE. 

Where EPA is Permitting Authority 

-Federal Facilities in the State of Colorado, except those located on Indian country 

-Indian country within the State of Colorado, as well as the portion of the Ute Mountain 

Reservation located in New Mexico 

-Indian country within the State of Montana 

-Indian country within the State of North Dakota 

-Indian country within the State of South Dakota, as well as the portion of the Pine Ridge 

Reservation located in Nebraska (see Region 7) 

-Indian country within the State of Utah, except Goshute and Navajo Reservation lands 

(see Region 9) 

-Indian country within the State of Wyoming 
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49 

9. EPA Region 9: CA, HI, NV, Guam, American Samoa, the Commonwealth of the 

Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo 

Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, and the Fort 

McDermitt Reservation in OR. 

Where EPA is Permitting Authority 

-The Island of American Samoa 

-Indian country within the State of Arizona, as well as Navajo Reservation lands in New 

Mexico (see Region 6) and Utah (See Region 8) 

-Indian country within the State of California 

-The Island of Guam 

-Johnston Atoll 

-Midway Island and Wake Island 

-Commonwealth of the Northern Mariana Islands 

-Indian country within the State of Nevada, as well as the Duck Valley Reservation in 

Idaho, the Fort McDermitt Reservation in Oregon (see Region 10) and the Goshute 

Reservation in Utah (see Region 8) 

10. EPA Region 10: AK, WA, ID (except see Region 9 for Duck Valley Reservation 

Lands), and OR (except see Region 9 for Fort McDermitt Reservation). 

Where EPA is Permitting Authority 

-The State of Alaska, including Indian country 

-The State of Idaho, including Indian country within the State of Idaho, except Duck 

Valley Reservation lands (see Region 9) 

-Indian country within the State of Oregon, except Fort McDermitt Reservation lands 

(see Region 9) 

-Federal Facilities in the State of Washington, except those located on Indian country 

-Indian country within the State of Washington 
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Appendix D - Endangered Species Procedures 

[To be determined] 

Appendix E - Historic Properties Preservation Procedures 

[To be determined] 
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Appendix F - Notice of Intent Form 

Notice of Intent (NOI) to Comply with the Terms of General NPDES Permit for 

 Discharges of Aquatic Pesticides to Waters of the United States 

I. Notice of Intent Status: 

Please mark whether this is the first time requesting coverage under this General Permit or if this is a change of 

information for a discharge already covered under this General Permit. If this is a change of information, please 

supply the NPDES permit number for the discharge. 

(Mark only one item) 1.  New Operator 

2.  Change of Information: ___________________ 

 NPDES Permit Tracking # 

II. Operator Information:

Operator Name: _____________________________________________________ 

IRS Employer Identification Number (EIN): __ __ - __ __ __ __ __ __ __ 

Mailing address 

Street: ______________________________________________________ 

City: _______________________________ State: ______ Zip Code: ___________ 

Telephone: ____________________ E-mail ______________________________ 

Contact Name: _____________________________________________________ 

Keep a copy as a record of permit. You may submit an NOI either using EPA’s electronic NOI (eNOI) system 

(accessible at www.epa.gov/npdes/eNOI) or using this paper form and submitting it to: 

U.S. Environmental Protection Agency 

Water Permits Division (Mail Code 4203M) 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Comment [jrf31]: How best do we 

incorporate the “mulitiple location” 

concept into the NOI form to account for 

the fact that decisions may be made at a 

corporate office but pest control is 

performed by field offices. 
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52 

Please complete this page for each establishment for which coverage under EPA’s 

Pesticide General Permit is desired for your operation. 

III. Operator Information: 

 

Establishment # ___ of ## ___ 

1. Establishment Name: ____________________________________________________ 

2. Mailing address: 

a. Street: ______________________________________________________ 

b. City: _______________________________ c. State: ______ d. Zip Code: ___________ 

e. Contact Name: ________________________________________________ 

f. Telephone: ____________________ g. E-mail ______________________________ 

h. Check all that apply: 

 □ Federal facility 

 □ Indian country land 

i. 6-digit NAICS code for primary industry activity of this establishment: _______ 

3. Location of NPDES Records for this establishment (check one): 

 □ Same as operator address □ Same as Establishment address 

 □ Other: Street: _____________________________________________________ 

 City: ___________________ State: ________ Zip Code: ____________ 

4. Pesticide Use Patterns for this establishment (check all that apply): 

 □ Mosquitoes and Other Aquatic Nuisance Insects 

 □ Aquatic Weeds and Algae 

 □ Area Wide Pests 

 □ Aquatic Nuisance Animals 

5. For each use pattern checked above, provide the following: (attach additional pages if necessary) 

a. Use pattern (check one): □ a □ b □ c □ d [Use pattern # ____ of ## ______ in item 4 above] 

 Location (check one): 

 □ Map provided of location of pesticide application for this use, or 

 □ Description of location of pesticide application for this use: __________________ 

__________________________________________________________________________ 

 Receiving Waters (check one): 

 □ Coverage requested for all waters within location identified above 

 □ Coverage requested for all waters within location identified above except for: 

__________________________________________________________________________ 

 □ Coverage requested specifically for the following waters within location identified above: 

__________________________________________________________________________ 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

53 

IV. Certification: 

I certify under penalty of law that this document and all attachments were prepared under my direction or 

supervision in accordance with a system designed to assure that qualified personnel properly gather and 

evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, 

or those persons directly responsible for gathering the information, the information submitted is, to the best 

of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties 

for submitting false information, including the possibility of fine and imprisonment for knowing violations. 

I further certify that the applicant has sufficient title, right or interest in the property where the proposed 

activity occurs. 

Signature: __________________________________________________________ Date: _____________ 

Printed Name: _________________________________________________________________________ 

Title: ________________________________________________________________________________ 

E-Mail: _______________________________________________________________________________ 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

54 

Appendix G - Notice of Termination Form 

 United States Environmental Protection Agency 

Notice of Termination (NOT) of Coverage Under an NPDES General Permit 

for Pesticide Discharges to Waters of the U.S. 

A. NPDES Permit Tracking Number: ______________________________________________ 

B. Operator Information:

Name: _____________________________________________________________________ 

Mailing address ______________________________________________________________________ 

 Street Address 

 _____________________________________________________________________ 

 City County State Zip 

Contact Person: _________________________________________ Title ___________________________ 

Telephone: ________________________________________ E-mail ______________________________ 

C. Basis for Termination (check one only) 

1.  A new operator has taken over responsibility for the pest treatment. 

2.  You have ceased aquatic pesticide application for which you obtained permit coverage or there is not or 

no longer will be a pesticide discharge. 

3.  Permit coverage has been obtained under an individual or alternative general permit for all pesticide 

discharges requiring NPDES permit coverage either because EPA required you to obtain such coverage or you 

petitioned EPA requesting coverage under an alternative permit. 

D. Certification: 

I certify under penalty of law that I have met at least one of the reasons for terminating permit coverage listed in Section C 

above. I understand that by submitting this Notice of termination, I am no longer authorized to discharge pesticides to 

waters of the U.S. This document and all attachments were prepared under my direction and supervision in accordance 

with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. The 

information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are 

significant penalties for submitting false information, including the possibility of fine or imprisonment. Additionally, I 

understand that the submittal of this Notice of Termination does not release a pesticide applicator from liability for any 

violations of the Clean Water Act. 

Signature of Applicant ____________________________________ Date: _____________ 

Keep a copy as a record of permit. You may submit an NOT either using EPA’s electronic NOI (eNOI) system 

(accessible at www.epa.gov/npdes/eNOI) or using this paper form and submitting it to: 

U.S. Environmental Protection Agency 

Water Permits Division (Mail Code 4203M) 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 
EPA Deliberative Draft – Do Not Distribute, Copy, or Cite January 13, 2010 

Draft for discussion purposes only. 

55 

Title: ____________________________________________________________________ 

Printed Name: _____________________________________________________________