UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OCT 2 6 2015 

Re: Notification of Cons ultation and Coordination o n Proposed 

Renewal of the EP/\ ·s Pesticide Genera l Permit. 

Dea r I lonorabl c Leader, 

T he U.S. Environmental Protection Agency (EP/\) is initiating consultation 

and coordination with federally-recognized tribes on the renewal of the 

National Pollutant Discharge Elimination ystem (NPDES) Pesticide Genera l 

Permit (PGP) under the Clean Water 1\ct (CW /\). The EPA renews this 

permit every fi ve years. The EPA ·s PGP regul ates discharges of biological 

pestic ides and chemical pesticides that leave a residue into waters of the 

United States. The PGP covers pesticide discharges from the fo llowing 

pesticide use patterns: ( I) mosquito and other fly ing insect pest control: (2) 

weed and algae contro l; (3) animal pest contro l; and (4) forest canopy pest 

control. 

With limited exceptions. the EPA directly implements the PDES program in 

Indian Country where tri bes arc not approved to administer the IPDES program. 

Additional information about the PGP can be found at 

http://ww,,·.cpa.gm-/npueslpesticidcs.This consu ltation and coordination process 

will be conducted in accordance with the EPA Policy on Consultation and 

Coord ina/ ion (htlp :/ /\\'ww' .cpa. !!Ov/tri ba 1/l'orms!t:onsu lt ation-:mdcoordination-tribes!/ pol icv ). 

The EPA invites you and your designated consultation reprcscntativc(s) to 

participate in this process. The EPA speci (ically seeks your participa tion in a 

teleconference on rucsday. November 19. 20 15 at 2:30pm (easte rn day light 

time). The EP/\'s antic ipated time line for the consultation and coord ination 

period is from October 27. 2015 to December I 0, 20 15. 

Enc losed is a consult ation and coordination plan for this action that furthe r 

describes the PGP rencvval action under consultation . The p lan also lays out 

the EPA ·s process, inc luding a timelinc for the consultation a nd coordination 

period and information on how you can provide input on this action. This 

il?furmation is also ai'Ctiluhle online within the EPA's Tribal Consultation 

Opponunities Tracking System (TC07S) (htto:!/tc:uts.epu. go1'). The o ffici a l 

EPA contact pe rson for this consultation and coordination process is Mr. 

Prasad Chumble (202) 564-002 1. Office of Wastewater Manageme nt, 

Internet Address (UAL) • hllp://www.epa.gov 

OFFICE OF 

WATER 

Recycled/Recyclable • Pnnted with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlonne Free Recycled Paper 
chumble.prasad@epa.gov. Please do not hesitate to contact Mr. Chumbl e if 

you have any questions or would like to request a lternate arrangements to the 

process outlined in the consultation plan. 

I f you decide not to participate in this consultation process, you wi ll still have 

the opportunity to p rovide input on this ac tion during the public comment ' 

period following publi cation of the draft 20 16 POP in the Federal Registe r. 

The proposed p ermit renewal will be published in the Federal Register and 

accessible at http://ww\\'.rcgulations.gov. 

r look forward to hearing fi·om you on this important matter. 

cc: Tribal Environmenta l Directors 

Regional Indian Coordinators 

Enclosure 

Sincerely yours, 

Debor

J(}~J~ ah G . Nagle, Director 

Water Permits Division. Office o r Wate r 

\ 

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Consultation Plan -- Consultation and Coordination on 

Proposed Renewal ofthe EPA's National Pollutant 

Discharge Elimination System (NPDES) Pestic ide Gene ral 

Perm it CPGP) 

Background information on tlz e initiative 

Section 402 of the Clean Water Act (CWA) prohibits the discharge of pollutants by point sources 

into surface waters without an NPDES permit issued by the EPA or an authorized state or tribe. 

An NPDES permit can apply to an individual discharger, or cover multiple dischargers via a 

general permit ( 40 C.F.R. 122.28) for specific categories of discharges. 

As a result of a U.S. Sixth Circuit Court of Appeals decision in National Cotton Council, eta/. v. 

EPA, point source discharges of biological pesticides, and chemical pesticides that leave a 

residue, into waters of the U.S. are required to comply with NPDES requirements. The EPA 

issued its Pesticide General Permit (PGP) to offer coverage for pesticide operators on October 

31, 201 l. The EPA is the permitting authority for four states (Idaho, New Mexico, New 

Hampshire and Massachusetts), the District or Columbia, Puerto Rico and most other territories, 

certain discharges in some states, and Indian Country. 

The action for which the EPA is initiating tribal consultation is for the renewal of the NPDES 

PGP. The current PGP, issued in 2011, is expiring in October 20 16, at the end of its five-year 

term, which is the standard duration of al l NPDES permits. With very limited exceptions 

provided by a specific federal statute, the EPA directly implements the NPDES program in 

Indian Country where tribes do not have the EPA approval to administer the NPDES program. 

This includes developing and issuing individual permits and general permits for tribal and nontribal dischargers located on tribal lands. 

Operators in fndian Country have taken advantage of coverage under the 201 1 PGP to apply 

pesticides. Although most Operators are covered automatically, larger Operators must submit a 

Not ice of Intent (NO!) to obtain coverage. from the effective date of the current permit through 

September 20 IS, the EPA has received over 38 NO Is for coverage in Indian Country. 

The 2011 PGP requires all operators to minimize pesticide discharges by using the 

lowest effective amount of pesticide; perform regular equipment maintenance; 

calibrate, clean, and repair equipment; and monitor for and report any adverse 

incidents. Operators who exceed an annual treatment area threshold established ih the 

permit are required to implement additional measures such as to submit a NOI for 

coverage, implement integrated pest management practices, develop a Pesticide 

Discharge Management Plan, submit annual reports, and maintain records of pest 

control practices. The 20 II PGP also includes additional water quality-based 

requirements the EPA received from some tribes and states under the CWA 401 

certi tication process. 

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At this time. we plan to propose the permit with conditions and requirements that are 

similar to the current 20 I I PGP and request comments on all aspects or the draft 

20 16 PGP: ho,v.cver. \\'e will also specifically request comments on: 

• I low best to collect information in the NOI to better determine the location of pesticide 

discharges, including proximity to drinking water supply sources; 

• Whether less or .more information would provide a more accurate accounting of the amount type 

and location of pesticide discharges in the annual reports; 

• Whether to require the submission of all NOJs and annual reports electronically, unless a waiver 

is granted; and 

• Whether there are appropriate best management practices that would protect federall y 

endangered and threatened species, ancl/or critical habitat from adverse effects. 

For more information visit http://w\\'w.cpa.}!.ov/npdcslpcstic idcs. 

Potential impacts to tribes 

All tribes, especially those that could potentially be affected by the renewal 

of the PG P are invited to participate. This permit may be of high interest to 

tribes. and the EPA appreciates any and all tribal views on the existing 

permit or requests fo r comments on the proposal. 

As with the 20 11 PGP. the 2016 PGP will cover Indian Country in the EPA 

Regions I , 2, 4. 5, 6, 7, 8, 9, and 10. We are working ' ith Region 3 to 

determine if it is appropri ate to include the Virginia tribe within coverage. 

Opportunities for tribes to participate 

The EPA is seeking discussion with tribes regarding the renewal of the PGP. 

The agency will hold a tribes-only consultation teleconfe rence for tribal 

leaders and staff. The teleconference will consist of two parts. During the 

first part, tribes will have an opportunity to ask questions and learn more 

about the current PGP and the EPA's plan for reissuance of the 20 16 PGP. 

The last part of the teleconfe rence is reserved for consultation comments 

from tribal leaders or their consultation designees. 

Tri bes may also submit written consultation comments to: 

Mr. Prasad Chumble 

US EPA 

1200 Pennsylvania Ave, NW (MC 4203M) 

Washington, DC 20460 

chum ble. prasad@epa.gov 

The EPA will post consultation information in the Tribal Consultation Opportunities Tracking 

System (TCOTS) located on the EPA's tribal p011al (htlp://tw ts.cpa.!.!nY). 

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In addition to the tribal consultation process. tribes may participate in the public 

review and comment process \Vhen the proposed 2016 PG P is published in 

the Federal Register, which is currently scheduled for late 20 15. The EPA 

will provide information about the proposed permit on the EP/\ "s PGP 

website at http: "''" .~pa.l!O\ , npdcs p~sticidc~ . 

The combined goal for all these efforts is to ensure there is sufficient 

information fo r triba l leaders to make an informed decision about the 

desire to continue with consultation and to understand how to provide 

informed input. 

Tribal Consultation and Coordination Process ami Timeline 

Date/Time Event Contract Information 

October 26, Initiation of Mai ling to tribal leaders; e-mail to staff 

20 15 consul tat ion 

ov. 19. Tribal Leader EPA Contact: 

2015 Information and Prasad Chumble 

Consultation 202-564-0021 

2:30pm Teleconference: chumble.prasad@epa.gov (EDT) Proposed Renewal 

of the Pesticide Teleconference No. 1-866-299-3188 

General Permit Code: 202-564-0021 

Dec. 10, End date of 

20 15 consultation 

Dec. 2015 Publication of the htt p://vvww.epa.gov/npdes/pest icicles 

proposed renewal 

of the PGP in the 

Federal Register and 

beginning of public 

comment period. 

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