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Clean Water Act -

Permitting of Discharges 

from Pesticide Applications
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Purpose of today’s discussion

 Provide an overview of EPA’s CWA NPDES 

Pesticide General Permit (PGP) for Point Source 

Discharges to Waters of the United States from 

the Application of Pesticides

 Answer clarifying questions you may have on the 

PGP

 Discuss next steps

 CWA = Clean Water Act

 NPDES = National Pollutant Discharge Elimination System
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NPDES Pesticide Permitting

Topics to be Discussed

 Purpose 

 Background:

 NPDES Permitting 

 2006 EPA Rule 

 Schedule

 EPA Draft PGP 

 Scope 

 Notices of Intent 

 Effluent Limits

 Technology-Based

 Water Quality Based 

 Monitoring 

 Pesticide Discharge Management Plan

 Corrective Action

 Adverse Incident Documentation and Reporting

 Reportable Spills and Leaks

 Annual Reporting

 Recordkeeping 

 Summary and Next Steps
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Background: NPDES Permitting

NPDES CWA Statutory Framework

 All “point” 

sources

 “Discharging 

pollutants”

 Into “waters 

of the U.S.”

Must obtain NPDES 

permit coverage 

from EPA or an 

NPDES- authorized 

State
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Background

Nov. 27, 2006-Final CWA Pesticides Rule

“The application of a pesticide to waters of the United States 

consistent with all relevant requirements under FIFRA does not 

constitute the discharge of a pollutant that requires an NPDES 

permit in the following two circumstances:

1. The application of pesticides directly to waters of the US to 

control pests. Examples of such applications include applications 

to control mosquito larvae, aquatic weeds, or other pests that are 

present in waters of the US; and 

2. The application of pesticides to control pests that are present 

over waters of the US, including near such waters, where a 

portion of the pesticides will unavoidably be deposited to

waters of the US to target the pests effectively; for example 

when insecticides are aerially applied to a forest canopy where 

waters of the US may be present below the canopy or when 

pesticides are applied over or near water for control of adult 

mosquitoes or other pests.”
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Example: Direct Application to Water for 

Aquatic Pests (“To”) – Covered by 2006 Rule
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Example: Forest Canopy 

Control (“Over”) –

Covered by 2006 Rule
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Mosquito and Other Flying Insect Pest Control
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Example: Weed and Insect Control Near Water 

(“Near”) – Covered by 2006 Rule
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Background

Challenge to 2006 Rule

 In December, 2006 petitions for review were filed in all 11 Circuit 

Courts. Petitions were consolidated in the 6th Circuit Court of Appeals. 

 On 1/7/09 the 6th Circuit vacated the CWA pesticides rule, stating 

that the rule was not a reasonable interpretation of the CWA.

 Biological pesticides – Court considered “biological materials” a 

“pollutant” under the CWA stating all biological pesticides are 

pollutants because they “undeniably alter the physical integrity of 

the waters.”

 Chemicals pesticides – Court considered “chemical wastes” 

pollutants also stating that chemical pesticides are pollutants if 

they leave a residue (or “waste”).

 On 06/08/09, the 6th Circuit granted EPA’s request and ordered a twoyear stay of the mandate until 04/09/11.
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Background

Result of Court Actions

 Bottom Line: EPA’s rule stating that NPDES 

permits are not required for pesticide applications 

applied to or over, including near waters of the 

U.S., remains in effect until April 9, 2011. 

 As of April 9, 2011, discharges into a water of the 

U.S. from pesticide applications will require 

coverage under an NPDES permit.

Note: In November 2009, industry petitioned the 

Writ of Certiorari which was denied by the 

Supreme Court
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Background

Schedule for PGP

12 mos. 8 mo. 4 mo.

 12 mos.

45 

days
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Background: NPDES Permitting

Types of NPDES Permits – Individual

 Individual Permit

 1 application submitted 1 permit issued

 Application includes detailed information 

describing the specific discharges to be covered 

under the permit, including the nature and 

concentration of discharges
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Background: NPDES Permitting

Types of NPDES Permits - General

 General Permit (40 CFR 122.28)

 1 permit issued NOI submitted by each permittee

 Permit must identify:

 area of coverage

 sources covered

 other information

 NOI typically includes basic information on discharger, the 

type of discharges, and receiving water. 
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AK

U.S. Territories

American 

Samoa

Guam

Johnston Atoll

Midway/Wake 

Islands

N. Mariana 

Islands

Puerto Rico

Virgin Islands

State NPDES Program Status for Pesticides

Authorized (State permits)

Unauthorized (EPA permits)

Authorized but excludes federal facilities

State may not be authorized for pesticides

HI

CA

NV

AZ

OR

WA

ID

UT CO

WY

MT ND

SD

NE

KS

IA

MO

NM OK

TX

AR

LA

MN

WI

IL IN OH

MI

PA

WVVA

MS AL

TN

KY

NC

SC

GA

FL

ME VT

NH

MA

RI

CT

NY

NJ

DC

MD

DE

NPDES Program Authorizations (PGP)

Note: EPA also permits activities on all 

Indian Country Lands nationwide.
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Background: NPDES Permitting

State-Issued NPDES Permits

 State-issued general permits must meet all CWA requirements 

that the Federally-issued permit must meet but can be more 

stringent.

 Permits are written based on a permit writer’s best professional 

judgment.

 Judgments may differ, so how each permit satisfies the CWA 

requirement may differ in some respects.

 EPA does maintain an oversight role.

 If EPA determines that a specific state condition fails to satisfy a particular CWA 

requirement, EPA could object to that permit.

 Citizens have the right to challenge NPDES permits.

 NPDES authorized states will need to have permits issued and 

effective by April 9, 2011.
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NPDES Permittees

NPDES Program Growth

0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1/1/1980 1/1/1985 1/1/1990 1/1/1995 1/1/2000 1/1/2005 1/1/2010

Year # Permittees

Phase 1 Stormwater- 1990

Phase 2 Stormwater - 1999

Pesticides - 2011

CAFOs and Vessels -2008

Basic Program 

1990 1995 2000 2005 2010
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Draft Pesticide General Permit 

Permit Contents

 Scope

 Notice of Intent (NOI)

 Effluent Limits

 Technology-Based 

 Water Quality Based

 Monitoring 

 Pesticide Discharge Management Plan

 Corrective Action

 Adverse Incident Documentation and Reporting

 Reportable Spills and Leaks

 Annual Reporting

 Recordkeeping
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Draft Pesticide General Permit 

Scope

 Coverage under the permit generally includes 

pesticide applications covered by the 2006 

Rule

 Pesticide uses covered under permit:

 Mosquito and Other Flying Insect Control

 Aquatic Weed and Algae Control

 Aquatic Nuisance Animal Control

 Forest Canopy Pest Control
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Draft Pesticide General Permit 

Outside Scope

 Terrestrial applications to control pests on 

agricultural crops or forest floors

 Off target spray drift

 Activities exempt from permitting under 

the Clean Water Act:

 Irrigation Return Flow 

 Agricultural Stormwater Runoff
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Irrigation Return Flow; 

Generally Exempt by Statute
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Agricultural Stormwater; 

Generally Exempt by Statute
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Draft Pesticide General Permit

Discharges not Authorized under the PGP

 Discharges of pesticides to waterbodies 

that are impaired under CWA 303(d) for 

that pesticide or its degradates

 Discharges to Tier 3 waterbodies

 Discharges from other pesticide uses not 

specifically eligible for coverage.
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Draft Pesticide General Permit 

Who Has to File an NOI?

 NOIs will be required for entities that exceed a 

pesticide application threshold.

 The NOI filer, in most cases, would be the entity 

responsible for deciding to conduct the pesticide 

applications, as opposed to the person performing 

the applications, if different. 

 However, any applicator would need to file an NOI, 

if it exceeds the application threshold for 

applications not already covered under another NOI.
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Draft Pesticide General Permit

Annual Treatment Area Thresholds

PGP Part Pesticide Use Annual Threshold

Part 2.2.1 Mosquitoes and Other Flying Insect Pest Control 640 acres of treatment 

Part 2.2.2

Aquatic Weed and Algae Control

In Water 20 acres of water treatment area (1)

At Water’s Edge 20 linear miles at water’s edge (2)

Part 2.2.3

Aquatic Nuisance Animal Control

In Water 20 acres of water treatment area (1)

At Water’s Edge 20 linear miles at water’s edge (2)

Part 2.2.4 Forest Canopy Pest Control 640 acres of forest canopy

(1) Calculations should include the area of the applications made to: (1) waters of the U.S. and (2) 

conveyances with a hydrologic surface connection to waters of the U.S. at the time of pesticide 

application. For calculating annual treatment area totals, count each pesticide application activity as a 

separate activity. For example, applying pesticides twice a year to a ten acre site should be counted as

twenty acres of treatment area.

(2) Calculations should include the area of the application made at water’s edge adjacent to: (1) waters of 

the U.S. and (2) conveyances with a hydrologic surface connection to waters of the U.S. at the time of

pesticide application. For calculating annual treatment totals, count each pesticide application activity as 

a separate activity. For example, treating both sides of a ten mile ditch is equal to twenty miles of water 

treatment area. 
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Draft Pesticide General Permit

Overview of PGP Requirements

Yes No

PGP Requirements

Exceed NOI 

Threshold?

Submit NOI

*Minimize

*Meet Water Quality Limits

Implement IPM

Develop Plan

*Monitor/Report Adverse Incidents

Submit Annual Reports

Maintain Pesticide Application Records

Minimize

Meet Water Quality Limits

Monitor/Report Adverse Incidents
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Draft Pesticide General Permit 

Technology Based Effluent Limits

 FIFRA label not a requirement of permit, but it is clear 

in the Fact Sheet that a violation of any water-quality 

related aspect of the label is a CWA violation.

 Technology requirements are Best Management 

Practices (BMPs); not numeric limits

 All permittees will minimize discharges

 Use lowest effective amount of pesticide

 Perform regular maintenance

 Calibrate, clean, and repair equipment
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Draft Pesticide General Permit 

Technology Based Effluent Limits

 Operators submitting NOIs (and therefore 

over thresholds) also are required to do 

the following:

 Identify/assess pest problem

 Assess pest management alternatives

 Follow appropriate procedures for pesticide use
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Draft Pesticide General Permit 

Water-Quality Based Effluent Limits

 The draft PGP includes a narrative water-quality 

based effluent limitation applicable to all 

operators covered under the permit.

 “Your discharge must be controlled as necessary to meet 

applicable numeric and narrative state, territory, or 

tribal water quality standards.”

 EPA expects that compliance with FIFRA plus 

compliance with permit conditions will generally 

control discharges as necessary to meet 

applicable water quality standards.
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Draft Pesticide General Permit

Monitoring

 Permit will also include monitoring for all 

permittees. 

 Visual monitoring for adverse effects during 

application and during any post application 

surveillance

 Monitoring of management practices 
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Draft Pesticide General Permit 

Pesticide Discharge Management Plan

 Operators submitting NOIs would also be required to 

prepare a Pesticide Discharge Management Plan (PDMP) for 

their pest management areas. 

 Documents how discharges will be minimized and effluent 

limitations will be met

 Developed prior to first pesticide application covered under the 

permit

 Kept up-to-date for duration of permit coverage, even if 

discharges subsequently fall below the applicable NOI 

threshold.
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Draft Pesticide General Permit 

Reporting and Recordkeeping

 Annual Reporting 

 Permittees submitting NOIs would be required to submit 

annual reports documenting pesticide application activities..

 Adverse Incident Reporting

 All permittees would be required to report adverse incidents 

which would help EPA to identify possible permit violations and 

where permit may need modification to further protect water 

quality. 

 Records 

 PDMP: Permittees submitting NOIs would be required to 

develop a Pesticide Discharge Management Plan

 Permittees submitting NOIs would be required to keep 

pesticide management records for PDMP, adverse incident 

reports, corrective action documentation, and annual reports

 Kept on-site and accessed by public through requests to EPA
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Draft Pesticide General Permit

Public Comment Documents

 Federal Register Notice

 Published in FR on June 4

 Brief description of Permit

 Specific Questions for which is EPA soliciting 

comment

 NPDES Pesticide General Permit

 Contains actual permit requirements

 Referenced in FR notice

 Available on EPA website and regulations.gov
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Draft Pesticide General Permit

Public Comment Documents (cont.)

 Permit Fact Sheet

 Provides rationale for permit requirements

 Referenced in FR notice

 Available on EPA website and regulations.gov 

 Website (www.epa.gov/npdes/pesticides)

 All documents identified above

 Frequently asked questions

 Additional background information
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Draft Pesticide General Permit

Questions in Federal Register Notice

 The type, size, and number of entities that are applying 

pesticides to U.S. waters

 Other pesticide use patterns that should be covered under 

this permit

 The appropriateness of the annual treatment area 

thresholds

 The appropriateness of entities not submitting an NOI

 The best way to cover entities with shared responsibilities 

for meeting permit requirements
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Draft Pesticide General Permit

Questions in Federal Register Notice

 The type, size and number of entities that are already 

practicing IPM

 The appropriateness of ambient water quality sampling and 

who should be required to do this

 The appropriateness of a scope of operators required to 

submit annual reports and the type, level of detail, and 

practical utility of the information being requested
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Next Steps:

Key Milestones

 Public Notice of Draft Permit 

 June 4, 2010

 45 day Public Comment Period 

 June 4 – July 19, 2010

 Issuance of Final Permit – Dec 2010

 Outreach – Jan-April 2011

 Permits Required – April 10, 2011
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Public Meeting Schedule

Public Meeting -

Albuquerque

June 14, 2010

12:00 pm – 3:00 pm

CNM Workforce Training Center

Room 101

5600 Eagle Rock Av., NE

Albuquerque, New Mexico

Public Meeting -

Boise

June 16, 2010

9:00 am – 12:00 pm

U.S. Bureau of Reclamation

Rooms 206 & 219

11650 North Curtis Road

Boise, Idaho

Webcast June 17, 2010

1:00 pm – 3:00 pm (EST)

Public Meeting -

Boston

June 21, 2010

1:00 pm – 4:00 pm

U.S. EPA Region 1

Conference Room 1529

5 Post Office Square

Boston, Massachusetts

Public Hearing –

Washington, D.C.

June 23, 2010

10:00 am – 1:00 pm

U.S. EPA Headquarters

Room 1153

1301 Constitution Ave., NW

Washington, D.C. 
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For More Information

NPDES PGP Website

For more information:

www.epa.gov/npdes/pesticides