EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

PROTOTYPE PESTICIDES GENERAL PERMIT

United States Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES)

PESTICIDE GENERAL PERMIT (PGP) FOR POINT SOURCE DISCHARGES

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

• Is eligible for permit coverage under Part 1.1, and

• If required by Part 1.2.2, submits a complete and accurate Notice of Intent (NOI)

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

### Table of Contents
1.0 Coverage under This Permit .................................................................................. 1 1.1 Eligibility .............................................................................................................. 1

1.1.1 Activities Covered ........................................................................................ 1 1.1.2 Limitations on coverage .............................................................................. 1

1.2 Authorization to Discharge under This Permit ................................................ 2

1.2.1 How to Obtain Authorization ..................................................................... 2 1.2.2 Operators Required to Submit Notices of Intent (NOIs) ......................... 2

1.2.3 Discharge Authorization Date .................................................................... 3

1.2.4 Continuation of this Permit ........................................................................ 4 1.2.5 Terminating Coverage ................................................................................. 4

1.3 Alternative Permits ............................................................................................. 5 1.3.1 EPA Requiring Cover age under an Alternative Permit .......................... 5

1.3.2 Permittee Requesting Coverage under an Alternative Permit ................ 5 1.4 Severability .......................................................................................................... 6 2.0 Technology-Base d Effluent Limitations ............................................................... 6

2.1 Mosquito Control (Adulticides and Larvicides) ............................................... 6

2.1.1 Minimize Pesticide Discharges in to Waters of the United States ............ 6

2.1.2 Identify the Problem .................................................................................... 7

2.1.3 Source Reduction and Habitat Modification ............................................. 7

2.1.4 Pest Surveillance .......................................................................................... 7

2.1.5 Pesticide Use ................................................................................................. 8

2.1.6 Education and Prevention ........................................................................... 8

2.2 Aquatic Weed Control in Lakes and Ponds ..................................................... 9

2.2.1 Minimize Pesticide Discharges in to Waters of the United States ............ 9

2.2.2 Identify the Problem .................................................................................... 9

2.2.3 Mechanical Control, Biological Co ntrol, and Habitat Modification ....... 9

2.2.4 Pest Surveillance ........................................................................................ 10

2.2.5 Pesticide Use. .............................................................................................. 10

2.2.6 Education and Prevention ......................................................................... 10

3.0 Water Quality-Based Effluent Limitations ........................................................ 11

4.0 (merged with Section 2) ........................................................................................ 11

5.0 Corrective Action .................................................................................................. 11

5.1 Situations Requiring Revision of Control Measures ..................................... 11

5.2 Corrective Action Deadlines ............................................................................ 12

5.3 Corrective Action Reporting and Documentation ......................................... 12

5.3.1 Reporting and Documentation for Adverse Incidents ............................ 12

5.3.2 Documentation for Other Situations ........................................................ 12

6.0 Integrated Pest Management (IPM) Plan ........................................................... 13

6.1 Contents of Your IPM Plan ............................................................................. 13

6.1.1 Mosquito Control (Adulticide and Larvicide) ......................................... 13

6.1.2 Aquatic Weed Control in Lakes and Ponds ............................................ 14

6.1.3 Schedules and Procedures ......................................................................... 16

6.1.4 Documentation to Support Eligibi lity Considerations Under Other

Federal Laws ........................................................................................................... 17

6.1.5 Signature Requirements ............................................................................ 176.2 IPM Plan Modifications ................................................................................... 17

6.3 IPM Plan Availability ....................................................................................... 17

7.0 Documentation ...................................................................................................... 17

8.0 Site Monitoring ...................................................................................................... 17

8.1 Routine Visual Monitoring .............................................................................. 17

8.1.1 Visual Monitoring Requirements ............................................................. 17

8.1.2 Frequency ................................................................................................... 18

8.1.3 Observable Impacts ................................................................................... 18

8.1.4 Report of Findings ..................................................................................... 18

8.2 Enhanced Monitoring ....................................................................................... 19

8.2.1 Pesticides Requiring Enhanced Monitoring ............................................ 19

8.2.3 Frequency of Enhanced Monitoring ........................................................ 19

8.3 Additional EPA Monitoring ............................................................................. 19

9.0 Reporting ............................................................................................................... 20

9.1 Annual Report ................................................................................................... 20

9.2 Adverse Incident Reporting ............................................................................. 20

10.0 Recordkeeping ..................................................................................................... 21

11.0 EPA Addresses .................................................................................................... 23

11.1 Regional Addresses ......................................................................................... 23

11.2 State and Tribal Addresses ............................................................................ 25

12.0 State, Indian, Territory Requirements ............................................................. 25 Appendix A - Definitions and Acronyms ...................................................................... 26 Appendix B - Standard Permit Conditions .................................................................. 27 Appendix C - Areas Covered ......................................................................................... 37 Appendix D - Endangered Species Procedures ............................................................ 40 Appendix E - Historic Propert ies Preservation Procedures ....................................... 41 Appendix F - Notice of Intent Form .............................................................................. 42 Appendix G - Notice of Termination Form .................................................................. 43 Appendix H - Annual Report Form .............................................................................. 44EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

1 1.0 Coverage under This Permit

1.1 Eligibility.

1.1.1 Activities Covered. This permit is applicable to discharges from the application of pesticides , including the following pesticide use patterns:

• Mosquito Control (Larvicide and Adulticide)

• Aquatic Weed Control in Lakes and Ponds

• [Additional use patterns to be identified in draft permit.]

1.1.1.1 Biological Pesticides. An operator may be eligible for coverage under this permit if , through an application of biological pesticides, you disc harge the pesticide to, over, including near, waters of the United States.

1.1.1.2 Chemical Pesticides. An operator may be eligible for coverage under this permit, if through an application of chemical pesticides that after the pesticide has performed its intended purpose has a residual of the pesticide that is discharged to, over, including near, waters of the United

States. [NOTE: need language to address FIFRA exempted chemical pesticides under 25(b)]

1.1.2 Limitations on coverage

1.1.2.1 Discharges to Water Qu ality Impaired Waters. An operator is not eligible for coverage under this permit for discharges to waters identified as impaired for the pesticide or its degradatants for which the waterbody is impair ed. Impaired waters are those which have been identified by a St ate or EPA pursuant to Section 303(d) of the CWA as not meeting applicable State water qualitystandards. Impaired waters may include both waters with EPAapproved 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 designate d by a State or Tribe as Tier 3 (outstanding natura l resource waters) for anti-degradation purposes under 40 CFR 131.13(a)(3) (s ee list of Tier 3 waters on

EPA’s website at http://www.epa.gov/npdes/agriculture ).

1.1.2.3 Discharges of Equipmen t Rinsate or Washwaters. You are not eligible for coverage under th is permit for discharges of equipment rinsate or washwaters except where that rinsate orEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

2 washwater is used in a subsequent batch of pesticide product that is to be applied in compliance with all applicable Federal, State, and local requirements.

1.1.2.4 Discharges Currently or Previously Covered by another

Permit. You are not eligible for coverage under this permit for any of the following:

• Discharges currently covere d under another NPDES permit

• Discharges covered within five years prior to the effective date of this permit by an indi vidual 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 appl y to the routine reissuance of permits every five years).

1.1.2.5 Endangered and Threatened Sp ecies and Critical Habitat

Protection [in development]

1.1.2.6 Historic Properties Preservation. [in development]

1.2 Authorization to Discharge under This Permit

1.2.1 How to Obtain Authorization

To obtain authorization under th is permit an operator, must

• Meet the eligibility requirem ents identified in Part 1.1,

• If you are an operator id entified in Part 1.2.2,

o Submit a complete and accurate Notice of Intent (NOI), and

o Develop an Integrated Pest Manage ment (IPM) plan according to the requirements in Part 6.0 of this permit.

1.2.2 Operators Required to Submit Notices of Intent (NOIs)

The following operators are required to submit a Notice of Intent to obtain coverage under this general permit:

• A “responsible entity” conducting or author izing the application of pesticides on or over, including near waters of the United States resulting in more than X total water-acre treatments during cove rage under this permit cycle – e.g., 5

years.

• Any applicator conducting the application of pesticides resulting in more than Y total water-acre treatments during coverage under this permit cycle for persons who themselves did not need to file an NOI.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

3 The “responsible entity,” w ould be the organization responsible for deciding to conduct the pesticide applications, as opposed to the person performing the applications.

Operators who meet the eligibility provisi ons outlined in Part 1.1 of this permit

and will meet the X total water-acre trea tments threshold to file an NOI must develop an IPM Plan and file an NOI pr ior to the pesticide application which results in exceeding the threshold.

An operator may submit an NOI to EPA us ing 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 11.0. EPA strongly encourages you to prepare and submit your 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, operators mu st have a permit to apply chemical or biological pesticides on, over, including near waters of the U.S. Operators meeting the eligibility provisions outlined in Part 1.1 who are not requ ired to submit an NOI are authorized to discharge immedi ately consistent with the re quirements of this permit. Operators required to submit an NOI, as id entified in Part 1.2.2, are authorized to discharge under this permit as follows:

Category NOI Deadline Discharge Authorization Date 1
Operators commencing operation on April 9, 2011 No later than March 30, 2011 April 9, 2011.

Operators commencing operation after April 9,

2011 At least 10 days prior

to commencement of discharge 10 days after complete NOI received and posted by EPA.

Operators commencing operation to respond to a

state or local declared public health emergency Within 30 days of the discharge 2

1 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 submissi on 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.

2 In the event that a discharge occurs prior to your submitting an NOI, you must comply with all other requirements of this permit.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

4 All other operators meeting th e eligibility requir ements in Part 1.1 are authorized to discharge immediately consistent in compliance with the requ irements of this permit.

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 timel y and appropriate submittal of a complete NOI requesting authorizati on to discharge under the new permit and compliance with the requirements of the NOI; or

2. Your submittal of a Notice of Termination; or

3. The issuance or denial of an individu al permit for a discha rge of pesticides that would not 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 at the end of this time period.

1.2.5 Terminating Coverage

1.2.5.1 Submitting a Notice of Termination

To terminate permit coverage, the 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 Appendi x G of this permit, to the address listed in Part 11.0. Your authorization to discharge under this permit terminates at midnight of the day that a complete Notice of Terminati on 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 respons ible for meeting the terms of this permit until your

authorization is terminated.

1.2.5.2 When to Submit a Notice of TerminationEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

5 You must submit a Notice of termination with in 30 days after one or more of the following conditions have been met:

1. A new operator has taken over responsi bility for the pest treatment; or

2. You have ceased aquatic pesticid e application for which you obtained permit coverage or there are not or no longer will be pesticide discharge;

or

3. You have obtained coverage under an i ndividual permit or an alternative general permit for all discharges re quired 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.

1.3 Alternative Permits

1.3.1 EPA Requiring Coverage under an Alternative Permit

EPA may require you to apply for and/or obtai n authorization to discharge under either an individual NPDES permit or an alternativ e NPDES general permit in accordance with 40 CFR 122.64 and 124.5. Any interested person may petition EPA to take action under this paragraph. If EPA requires you to appl y 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 deci sion and will provide application information. In addition, if you are an existing discharger authorized to discharge under this permit, the notice will set a deadline to file the pe rmit 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 th is general permit will terminate. EPA may grant additional time to submit the applica tion if you request it. If you are covered under this permit and fail to submit an individua l 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 covera ge under this general permit by applying for an individual permit. In such a case, you mu st submit an individual permit application in accordance with the requirements of 40 CFR 12 2.26(c)(1)(ii), with reasons supporting the request, to EPA at the applicable EPA Regional Office listed in Part 11 of this permit. The request may be granted by issuance of an individual permit or authorization of coverage under an alternativ e general permit if your reason s are adequate to support the

request.

When an individual NPDES permit is issued to you or you are authorized to discharge under an alternative NPDES general permit, your authorization to discharge under thisEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

6 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 doe s not necessarily render the whole permit invalid. EPA’s intent is that the permit is to re main 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.

2.0 Technology-Based Effluent Limitations

You must implement control measures (inclu ding best management practices). Control measures are the specific actions taken to comply with the technology-based effluent limits in Part 2.0. Implementation of these cont rol measures must be in accordance with the best industry practices, the equipmen t manufacturer’s specifications, and IPM principles. If you find that your control measures are not minimizing pollutant discharges, you must modify these control meas ures as expeditiously as practicable. In addition to the technology-based effluent limitations contained in Part 2, there are documentation and record keeping permit conditions in Part 10.

2.1. Mosquito Control (Adulticides and Larvicides)

2.1.1. Minimize Pesticide Discharges in to Waters of the United States. To minimize the discharge of pollutants in to waters of the United States, you must do the following in connection w ith application of pesticides for mosquito control: [NOTE: clarify in fact sheet that the permittee must comply with all applicable la ws, including FIFRA.]

2.1.1.1. Reduce discharges from pesticide app lications to the extent achievable using control measures (including be st management practices) that are technologically available and economical ly practicable and achievable in light of best industry prac tice. [NOTE: discuss in the fact sheet – control

measures include considerations of Biological, physical, cultural, mechanical, behavioral and chemical controls in appropriate combinations ]

2.1.1.2. Use the lowest amount of pesticide product per application and lowest number of application per season ne cessary to effectively control the target pest. [NOTE: define season]

2.1.1.3. Do not apply adulticides over waters of the United States, except when necessary to target areas where adul t mosquitoes are present, and when

weather conditions will facilitate m ovement of pesticide product away from the water to minimize incidental deposition into the water body. [NOTE: Fact sheet could include a discussion of unavoidable as incidental deposition. Just an idea]EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

7 2.1.2. Identify the Problem . If you are required to submit an NOI, prior to the first application covered under th is permit and prior to the first application each season for each treatment area, you must:

2.1.2.1. Establish mosquito densities, both larv al and adult, which serve as action threshold for pesticide application.

2.1.2.2. Identify mosquito species in order to develop a best control strategy based on developmental and behavioral considerations for each species.

2.1.2.3. Identify known and potential breeding sites for source reduction utilizing

habitat modification

2.1.2.4. Identify known and potential breeding s ites which are suitable for source reduction utilizing a la rval control program.

In the event that any of the permit c onditions in 2.1.2.2 – 2.1.2.4 is not feasible, you must document why you are unable to comply with the condition. (See Part 6)

2.1.3. Source Reduction and Habitat Modification . If you are required to submit an NOI, you must do the following pr ior to pesticide application:

2.1.3.1. Remove, drain, and/or prevent mosqu ito entry to substrates used for oviposition and larval development (e.g., containers, tires, etc.).

2.1.3.2. Use water management practices (e.g., improving drainage, periodic draining, ditching, impounding, freque ncy and duration of flooding, water circulation, water depth manage ment (predator habitat), etc.). [NOTE: Clarify in the fact sheet water management practices do not include filling in wetlands.]

2.1.3.3. Use vegetation management practices to eliminate or reduce mosquito habitat (e.g. mowing, grazing, aquatic herbicides, and biological control).

2.1.3.4. Maintain and promote biological co ntrol by encouraging site-specific predator populations (e.g. larvivor ous fish), growth regulators (e.g. methoprene), and bacteria (e.g. Bti). [NOTE: discuss enhance biological control in the fact sheet]

2.1.3.5. Manage mosquitoes breeding sites in waters such as puddles, farm ponds, or roadside ditches, etc., that are not waters of the United States to reduce migration to near areas.

In the event that any of the permit c onditions in 2.1.3.1 – 2.1.3.5 is not feasible, you must document why you are unable to comply with the condition. (See Part 6)

2.1.4. Pest Surveillance. If you are required to submit an NOI, you must conduct surveillance prior to each pesticide applic ation to assess the treatment area and to determine when pre-established cond itions (pest action threshold) are met which necessitate the need for pest control measures and conduct surveillance after each pesticide application to determ ine effectiveness of the treatment. You must do the following:EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

8 2.1.4.1. Conduct larval surveillance using be st industry practices to quantify mosquito densities (e.g. mosquitoes per dip, per unit volume, or per unit surface area).

2.1.4.2. Conduct adult survei llance using best industry pr actices (e.g. light traps, resting site traps, vehicle traps, e gg collection traps, or landing count rates) to determine species composition, distribution, and abundance.

2.1.4.3. Monitor environmental conditions (e. g. temperature, precipitation, and wind speed impacting the treatment area) in the treatment area from a weather station(s) as close to the tr eatment area(s) as possible to identify conditions which support developmen t of mosquito populations.

2.1.4.4. Conduct disease surveillance, or us e available disease surveillance reports to identify disease presence as an indicator of the need to initiate an adult control program.

2.1.4.5. Conduct resistance surveill ance to ensure most effective pesticide use.

2.1.4.6. Analyze surveillance data to iden tify new/unidentified sources of mosquito production as well as site s that have recurring mosquito problems.

In the event that any of the permit c onditions in 2.1.4.4 – 2.1.4.6 is not feasible, you must document why you are unable to comply with the condition. (See Part 6)

2.1.5. Pesticide Use . If you are required to submit an NOI, and pesticides are used to control mosquitoes in waters of the United States, you must:

2.1.5.1. Minimize the impact on the environment and non-target organisms by minimizing the use of both larvicid es and adulticides for mosquito

control when the action thresholds have been met.

2.1.5.2. Use larvicides as the primary pesticide for mosquito control. If larviciding is inadequate, document [see Part 10, Recordkeeping] why it

is unsuccessful.

2.1.5.3. Use adulticides only where the adu lt action threshold has been met and/or under emergency condition (e .g. flooding, disease outbreak).

2.1.5.4. Ensure that pesticide applicators ar e trained in proper applications of pesticides and in proper response to adverse incidents. [NOTE: same training requirements as restricted used applicator??]

2.1.5.5. Perform regular maintenance activities to minimize potential for leaks, spills, and unintended/accidental re lease of pesticides from both pesticide containers and application equipment to waters of the United States. [NOTE: consider language to address “to WOUS” for the entire section]

2.1.5.6. Calibrate and maintain equipment to ensure effective application and control. [NOTE: clarify in the fact sh eet this includes droplet testing for adulticide equipment, pesticide la bel specifications, and equipment specifications.]

2.1.6. Education and Prevention. If you are required to submit an NOI, once a year, within thirty days of the first application, you must provide mosquitoEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

9 control information to residents in the treatment area through at least one of the following methods: community news paper, community newsletter, web site, television and/or radio. Information must include:

2.1.6.1. Mosquito avoidance (e.g. avoidance of peak mosquito activity periods, wearing protective clothing, applying insect repellents, and window screening.

2.1.6.2. Source reduction: Provide information on eliminating artificially created mosquito breeding sites (e.g. open cont ainers, flower pots, bird baths, etc.).

2.1.6.3. Your name and contact informati on for residents to obtain more

information.

2.2 Aquatic Weed Control in Lakes and Ponds.

2.2.1 Minimize Pesticide Discharges in to Waters of the United States. To minimize the discharge of pollutants in to waters of the United States, you must do the following in connection with application of aqua tic herbicide to lakes and ponds: [NOTE: clarify in fact sheet that the permittee must comply with all applicable la ws, including FIFRA.]

2.2.1.1 Reduce discharges from pesticide app lications to the extent achievable using control measures (including be st management practices) that are technologically available and economical ly practicable and achievable in light of best industry practice.

2.2.1.2 Use the lowest amount of pesticide product per application, lowest total amount of pesticide product per season and lowest number of applications per season necessary to effectively control the target pest. [NOTE: define season]

2.2.2 Identify the Problem. If you are required to submit an NOI, prior to the first application covered under th is permit and prior to the first application each

season for each treatment ar ea, you must do the following:

2.2.2.1 Identify problem weed areas and app lication areas, including water use goals not attained (e.g. wildlife habi tat, fisheries, vegetation, and recreation);

2.2.2.2 Identify targeted weed species;

2.2.2.3 Identify possible sources of the problem (e.g., nutrients, invasive species, etc.); and [NOTE: Clarif y in fact sheet – area by area for aquatic weed control? Permittee not responsible for the source of the problem]

2.2.2.4 Establish past or present pest w eed densities which serve as action threshold for pesticide application.

2.2.3 Mechanical Control, Biological Control, and Habitat Modification . If you

are required to submit an NOI, you must do the following prior to each pesticide application:EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

10 2.2.3.1 Conduct control measures in a manner that minimizes impacts to nontarget species.

2.2.3.2 Implement mechanical control (e.g. weed removal by hand or machine,);

2.2.3.3 Maintain, enhance, and promot e biological control(s); and

2.2.3.4 Use habitat modification practices (e.g. light attenuation);

In the event that any of the permit c onditions in 2.2.3.2 – 2.2.3.4 is not feasible, you must document why you are unable to comply with the condition. (See Part 6)

2.2.4 Pest Surveillance. If you are required to submit an NOI, you must do the following:

2.2.4.1 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 nece ssitate the need for pest control

measures; 2.2.4.2 Conduct surveillance after pestic ide application to determine

effectiveness of the treatment.

2.2.4.3 [NOTE: Is there resistance surveillance for aquatic weeds? Sample language - Conduct resistance surveilla nce to ensure most effective pesticide use. In the event that permit condition in 2.2.4.3 is not feasible, you must document why y ou are unable to comply with the condition. (See Part 6)]

2.2.5 Pesticide Use. If you are required to submit an NOI and pesticides are used to control weeds in lakes and ponds, you must:

2.2.5.1 Minimize the impact on the environment and non-target organisms by minimizing the use of pesticides for aquatic weed control in lakes and ponds when the action thresholds (see Part 2.2.2.4) have been met.

2.2.5.2 Ensure that pesticide applicators ar e trained in proper applications of pesticides and in proper res ponse to adverse incidents.

2.2.5.3 Perform regular maintenance activities to minimize potential for leaks, spills, and unintended/accidental releases of pesticides from both pesticide containers and application equipment to waters of the United States. [NOTE: consider language to address “to WOUS” for the entire section]

2.2.5.4 Calibrate and maintain equipment to ensure effective application and control. [NOTE: clarify in the fact sheet this includes pesticide label specifications and equipment specifications.]

2.2.6 Education and Prevention. If you are required to submit an NOI, you must do the following:

2.2.6.1 Once a year, within thirty days of the first application you must provide the following information to us ers surrounding the treatment area through at least one of the following: community newspaper, community newsletter, web site, pamphlet, tele vision and/or radio. InformationEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

11 must include: [NOTE: for writte n materials – letter/pamphlet, how

should it be distributed. Mailing? Posting?]

2.2.6.1.1 Accidental weed introduction avoidance; [NOTE: explain in the fact sheet public’s role in weed management.]

2.2.6.1.2 The nutrient availability in weed occurrence and abundance; and

2.2.6.1.3 Your name and contact information for users to obtain

more information.

2.2.6.2 Prior to each pesticide application, you must post, near a public access point, the following information to users surrounding the treatment area: [NOTE: specify here or in the f act sheet sign size and letter size]

2.2.6.2.1 Pesticide application dates;

2.2.6.2.2 The pesticide product(s) (i ncluding product name, EPA registration numbers, label human hazard warnings) being used for aquatic weed control;

2.2.6.2.3 Targeted weed species;

2.2.6.2.4 Water-use restrictions; and

2.2.6.2.5 Time-frame for the water-use restrictions.

3.0 Water Quality-Based Effluent Limitations

Your discharge must be controlled as necessary to meet applicable numeric and narrative state water quality standards.

If at any time you become aware, or EPA de termines, that your discharge causes or contributes to an exceedance of applicable water quality standards, you must take corrective action as required in Part XX.

EPA may impose additional water quality-bas ed limitations or require you to obtain coverage under an individual permit, if in formation in your NOI, required reports, or from other sources indicates that your discharg es are not controlled as necessary to meet applicable water quality standards.

4.0 (merged with Section 2)

5.0 Corrective Action

5.1 Situations Requiring Revision of Control Measures

If any of the following situations occur, you must review and revise the selection and implementation of your control measures to en sure 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 stringent enough for the discharge to meet applicable water quality standards;EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

12 - an inspection or evaluation of your activities by an EPA official, or local, State, or Tribal entity, determines that modifications to the control measures are necessary to meet the non-numeric effluent limits in this permit;

- you find in any inspection that your control measures are not being properly operated and maintained; or

- you become aware of an adverse incident (e.g. fish kill) in the receiving water resulting from your discharge.

5.2. Corrective Action Deadlines

You must document your discovery of any of the conditions listed in Parts 5.1 within 24 hours of making such discovery. Subsequently, within 14 days of such discovery, you must document any corrective action(s) to be taken to eliminate or further investigate the deficiency. Specific documentation and other procedures required within 24 hours and 14 days is detailed in Part 5.3. If you determine that changes are necessary they must be made before the next pesticide application that results in a discharge, or as soon as practicable. These time intervals are not grace periods, but are schedules considered reasonable for documenting your findings and for making repairs and improvements. They are included in this permit to ensure that the conditions prompting the need for these repairs and improvements are not allowed to persist indefinitely.

5.3 Corrective Action Reporting and Documentation

5.3.1 Reporting and Documentation for Adverse Incidents

For any adverse incident, you must immediately notify EPA and the appropriate state wildlife or natural resources ag ency and submit an incident report if you become aware or

have been informed that as a result of a di scharge from your pesticide application that a non-target organism suffered a toxic or adverse effect or ma y suffer a delayed or chronic adverse effect in the future. You must repo rt the incident by tele phone to the appropriate EPA Incident Reporting Contact as identif ied at www.epa.gov/npdes/ agriculture within 24 hours of your discovery of th e adverse event. You must pr ovide a written report of the

incident to the address listed in Part 11 within 14 days. See Part 9.2 Adverse Incident Reporting.

5.3.2 Documentation for Other Situations

For situations other than adverse incidents you must document the situation and retain a copy of this documentation on site. Within 24 hours of discovery of any condition listed in Part 5.1 other than an adverse incident, you must document the following information:

- Identification of the condition triggering the need for corrective action review;

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

- Date the problem was identified.

Within 14 days of discovery of any condition listed in Part 5.1 other than an adverse incident, you must document the following information:EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

13 - Summary of corrective action taken or to be taken;

- Notice of whether IPM plan modifications are required as a result of this discovery or corrective action;

- Date corrective action initiated; and

- Date corrective action completed or expected to be completed.

6.0 Integrated Pest Management (IPM) Plan

If you are required to submit an NOI, you must prepare an IPM plan before submitting your NOI for permit coverage. [NOTE: one IPM plan for each treatment area? One plan to cover severa l treatment areas?] The IPM pl an does not contain effluent limitations; the limitations are contained in Pa rts 2.0 and 3.0 of the permit. The IPM plan is intended to document the selection, desi gn, and installation of control measures. The additional documentation requirements (see Part 10) are intended to document the implementation (including inspection, maintena nce, monitoring, and corrective action) of the permit requirements.

6.1 Contents of Your IPM Plan

Where your IPM plan refers to procedures in other documents, such as spill control plans, copies of the relevant portions of those doc uments must be kept with your IPM plan.

6.1.1 Mosquito Control (Adulticide and Larvicide) For coverage under this permit for any mo squito control activities, your IPM plan must contain all of the following elements:

6.1.1.1 Pesticide Team The IPM plan must identify the staff memb ers (by name or title) that comprise the

team as well as their individua l responsibilities, including:

a. Staff member(s) responsible for managi ng pests in relation to the treatment area described below;

b. Staff member(s) responsible for de veloping and revising the IPM plan;

c. Staff member(s) responsibl e for taking corrective acti ons where required; and

d. Staff member(s) or for-hire applicator responsible fo r pesticide applications.

6.1.1.2 Problem Description

The IPM must document the targeted pest, including:

a. Description of the targeted mosquito species, if feasib le (see Part 2.1.2.2);

b. Description of the known and potential breeding sites for source reduction utilizing habitat modification, if feasible (see Part 2.1.2.3.);

c. Description of the known and potential breeding sites which are suitable for source reduction utilizing a larval control program; if feasible (see Part 2.1.2.4);

d. Description of both larval and adult ac tion threshold for pesticide application (see Part 2.1.2.1.);

e. Description of the geographic boundaries and waterbodies to which the plan applies, including the applicable water quality standards; andEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

14 f. A general location map (e.g., USGS quadr angle map, a portion of a city or county map, or other map) with enou gh detail to identify the geographic boundaries of the area to which the plan applies and location of the treatment

area and waters of the United States.

6.1.1.3 Control Measures Description The IPM plan must document the control measures used/evaluated to minimize pesticide discharges into waters of the United States, including:

a. Any source reduction and habitat modifi cation efforts implemented pursuant to Part 2.1.3, if feasible;

b. Pest control measure options. Descrip tion of the pesticid e and non-pesticide

treatment methods of controlling pests that ma y be used, the rationale for selecting treatment methods, the benefits and limitations of each treatment method, and a description of how a decision to use treatment methods will be

made.

c. Any alternative control measures that could reduce water quality impacts.

This should include an evaluation of a ny non-toxic or less toxic pest control methods that could reduce water quality impacts and provide a practicable and cost-effective substitute for pesticid e application. This evaluation shall

include an estimate of each alternative’ s costs, a review of any known barriers to implementing the alternative, a nd any solutions to overcoming those barriers; and

d. Any additional best management practices (BMPs) implemented for discharging pesticides for mosquito control to mitigate effects to water quality.

6.1.1.4 Pest Surveillance The IPM plan must document pre and post pe st surveillance procedures, including:

a. Larval surveillan ce (see Part 2.1.4.1.);

b. Adult surveillance (see Part 2.1.4.2.);

c. Disease surveillance, if feasible (see Part 2.1.4.4);

d. Resistance surveillance, if feasible (see Part 2.1.4.5)’

e. Procedures to monitor environmental c onditions to identify conditions which support development of mosquito po pulations (see Part 2.1.4.3.); and

f. Procedures to analyze surveillance data to identify new/unidentified sources of mosquito production as well as sites th at have recurring mosquito problems (see Part 2.1.4.6).

6.1.1.5 Education and Prevention Efforts

The IPM must document the education and prevention efforts as required in Part

2.1.6.

6.1.2 Aquatic Weed Control in Lakes and Ponds For coverage under this permit for any aqua tic weed control in lakes and ponds, your IPM plan must contain all of the following elements:EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

15 6.1.2.1 Pesticide Team The IPM plan must identify the staff memb ers (by name or title) that comprise the

team as well as their individua l responsibilities, including:

a. Staff member(s) responsible for managi ng pests in relation to the treatment area described below;

b. Staff member(s) responsible for de veloping and revising the IPM plan;

c. Staff member(s) responsibl e for taking corrective acti ons where required; and

d. Staff member(s) or for-hire applicator responsible fo r pesticide applications.

6.1.2.2 Problem Description

The IPM must document the targeted pest, including:

a. Description of the targeted weed species (see Part 2.2.2.2.);

b. Description of the problem weed ar eas and application areas (see Part 2.2.2.1.);

c. Description of the possible source s of the problem (see Part 2.2.2.3.);

d. Description of weed action threshold for pesticide application (see Part 2.2.2.4.);

e. Description of the geographic boundaries and waterbodies to which the plan applies, including the applicable water quality standards; and

f. A general location map (e.g., USGS quadr angle map, a portion of a city or county map, or other map) with enou gh detail to identify the geographic boundaries of the area to which the plan applies and location of the treatment

area and waters of the United States.

6.1.2.3 Control Measures Description The IPM plan must document the control measures used/evaluated to minimize pesticide discharging into waters of the United States, including:

a. Any mechanical control, biological cont rol, and habitat modification efforts implemented pursuant to Part 2.2.3, if feasible;

b. Pest control measure options. Description of the pesticide and non-pesticide

treatment methods of controlling pests that may be used, the rationale for selecting treatment methods, the benefits and limitations of each treatment method, and a description of how a decision to use treatment methods will be made.

c. Any alternative control measures that could reduce water quality impacts.

This should include an evaluation of a ny non-toxic or less toxic pest control methods that could reduce water quality impacts and provide a practicable and cost-effective substitute for pesticid e application. This evaluation shall

include an estimate of each alternative’ s costs, a review of any known barriers to implementing the alternative, a nd any solutions to overcoming those barriers; and

d. Any additional best management practices (BMPs) implemented for discharging pesticides for aquatic weed control to mitigate effects to water quality.

6.1.2.4 Pest Surveillance The IPM plan must document pre and post pe st surveillance procedures as required

in Part 2.2.4.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

16 6.1.2.5 Education and Prevention Efforts The IPM must document education and preven tion efforts and procedures for posting as required by Part 2.2.6.

6.1.3 Schedules and Procedures The following schedules and procedures must be documented in your IPM plan:

6.1.3.1 Spill Prevention and Response Procedures – Procedures for preventing and responding to spills and leaks. In lieu of drafting your own spill prevention and response procedures, you may reference the existence of other plans for spill prevention th at were developed for pesticide application, provided that you keep a copy of that other plan with your IPM plan and make it ava ilable for review consiste nt with Part 6.2. Your

documentation must include:

 Description and dates of any incide nces of significan t spills, leaks,

or other releases that resulted in discharges of pollutants to a water of the United States;

 Description of the circumstances leading to the release;

 Actions taken in response to the release; and

 Measures taken to prevent the recurrence of such releases.

6.1.3.2 Employee Training – Schedule for all traini ng required by this permit.

6.1.3.3 Adverse Incident Response Plan - Procedures for responding to incident resulting from pesticide applications . Your documentation must identify the following:

 Course of action or responses to any incident resulting from pesticide applications;

 Chain of command notification for th e incident, both internal to your agency/organization and external;

 Timelines of responses for the response;

 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

 Name and telephone number for the National Pesticide

Telecommunications Network at 800-858-7378.

6.1.3.4 Pesticide Monitoring – Procedures for monitoring consistent with the requirements in Part 8.0 including:

 The process for determining th e location of any monitoring;

 A schedule and procedures for any monitoring;

 The person (or position) respons ible for conducting monitoring;

andEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

17  Procedures for documenting any incidents of noncompliance

observed.

6.1.4 Documentation to Support Eligibilit y Considerations Under Other Federal Laws. [to be determined]

6.1.5 Signature Requirements. You must sign and date your IPM plan in accordance with Appendix B, Subsection

B.11.

6.2 IPM Plan Modifications You must modify your IPM plan whenever ne cessary to address a ny of the triggering

conditions for corrective action in Part 5.1 and to ensure that they do not reoccur, or to reflect changes implemented when a review following the triggering conditions in Part 5.1 indicates that changes to your control meas ures are necessary to meet the effluent limits in this permit. Changes to your IPM plan must be made in accordance with the

corrective action deadlines in Parts 5.2 and 5.3, and must be signed and dated in accordance with Appendix B, Subsection B.11

You must review your IPM plan each season or whenever necessary to address any changes to the treatment area(s).

6.3 IPM Plan Availability You must retain a copy of the current IP M plan, along with all supporting maps and documents, at the address provided on the NOI and it must be immediately available to EPA; a State, Tribal, or local agency governing pesticide applications; and representatives of the U.S. Fish and Wild life Service (USFWS) or the National Marine Fisheries Service (NMFS) upon request. EPA may provide access to portions of your IPM plan 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, USFWS, or NMFS.

7.0 Documentation (merged with Section 10)

8.0 Site Monitoring

8.1 Routine Visual Monitoring

You must conduct visual assessments of each a pplication site to determine the efficacy of the BMPs employed and to identify any po ssible water quality (adverse) impacts resulting from the application.

8.1.1 Visual Monitoring Requirements. Visual assessments will consist of spot checks for possible and observable adverse imp acts caused by application of pesticides,EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

18 including but not limited to the death or di stress of non-target or ganisms and disruption of wildlife habitat, recreati onal or municipal use.

8.1.2 Frequency. A visual assessment must be conducted:

 For non-aerial treatments of wetland and aquatic areas:

o During any pre-applic ation surveillance

o Immediately following treatment with contact pesticides

o Within one week of completion of treatment with systemic pesticides

o During the act of treatment for applications spanning multiple days

o At one representative site per X water feet of flowing water in which

treatment is intended to act

 For aerially treated wetla nds and aquatic areas:

o During all surveillance and e fficacy inspection activities

o At two representative sites in the application area when the application area for a single treatment exceeds X water acres and one additional site per additional Y water acres treate d. A representative site is any accessible wetland or aquatic area in which pesticides were applied or may have been deposited.

 For treatments of ephemeral or tidal areas:

o During all surveillance and efficacy in spection activities conducted after treatment is expected to have been effective

8.1.3 Observable Impacts. You must note any of the following symptoms observed upon inspection:

 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 distre ssed non-target aquatic organisms (amphibians, turtles, invertebrates, etc.)

Additionally, you must note if you become or are made aware of any discomfort to

humans or domesticated animal s in the wake of treatment

8.1.4 Report of Findings. If you observe any of the sympto ms or situations described in 8.1.3 or any other indication of possibl e adverse impact, you must note to the extent possible the conditi ons under which the observ ation occurred including:

 The date and time of site visit and discovery

 The location of discovery including waterbody name if applicable.

 The discharger will inspect the area around the adverse finding to approximate and note the magnitude of the impact.

 Species affected, number of individuals, and approximate size of dead or distressed organismsEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

19  State of decomposition of dead organi sms (to determine approximate time of death)

 Conditions of algae and vege tation in the immediate area

 Appearance of waterway (sheen, color, clarity, etc.)

 Characteristics of waterway including estimated flow rate, level, or other appropriate measure

 Weather conditions

You must prepare and submit a written report of this information, as required in Part XX

.

8.2 Enhanced Monitoring

Enhanced monitoring is required for the use of pesticides for which hi storical incident or other applicable data suggests warrant additional application vi gilance in order to ensure the greatest degree of ecologi cal safety. The use of produc ts containing the following active ingredients will require enhanced monitoring.

8.2.1 Pesticides Requiring Enhanced Monitoring

-?????

-?????

-?????

8.2.3 Frequency of Enhanced Monitoring Enhanced [visual] monitoring must be conducted:

 Under all circumstances described in 8.1.2

 Prior to all applications and prior to each treatment for applications spanning multiple days

 Immediately following and within one week of treatment completion

8.3. Additional EPA Monitoring

EPA may notify you of additional discharg e monitoring requirements. Any such notice will clearly state the reasons for the monitoring and the details of the monitoring and any associated reporting a nd recordkeeping requirements.

Situations in which EPA may require additional monitoring (non-exhaustive):

• It has been determined that your discharg e likely contributed to a reported adverse

incident

• EPA has determined that the product you are using contains a pesticide of concern

• EPA requires additional information concer ning the persistence or environmental impact of the product you are using

• EPA determines that more information a bout your pesticide use is needed to modify or determine more appropriate effluent limitations

• You are not in compliance with the c onditions of the general NPDES permitEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

20 • A change has occurred in the availability of demonstrated technology or practices for the reduction of pesticide use to contro l pests in or over, including near Waters

of the United States.

Should EPA exercise its authority to require additional monitoring requirements, you will be notified in writing explai ning your additional requirement s and the basis for them.

The written notice will include a reasonable timeframe in which to discuss these new requirements with EPA. Unless EPA establis hes a new timeframe in writing, after that time period has passed, the written notice wi ll 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 requireme nts or elect to apply for an individual permit as described in 1.3.2.

9.0 Reporting

9.1 Annual Report

If you are required to submit an NOI as identified in Part 1.2.2, you must submit an annual report to EPA that incl udes the following information:

- Operator name

- NPDES permit tracking number(s)

- Operator mailing address

- Contact person name, title, and phone number

- For the calendar year:

o Name(s) of products used and associated EPA registration number(s) of those products For each product,

 Jurisdictions where applied

 Quantity applied directly to waters

 Quantity applied over or near waters

 Pests targeted

o Description(s) of locations trea ted, including identification of any waterbodies to which pesticid es were applied directly

EPA strongly recommends that you submit this report using the Annual Reporting Form provided as Appendix H. You must s ubmit the annual report to EPA no later than February 15 of the following year for all pe sticide activities occurring January through December 31. The appropriate address fo r the report are Identified in Part 11.0. Operators obtaining permit coverage within 30 days of the end of the calendar year are not required to submit an annual report for th at first partial year but must submit annual reports thereafter.

9.2 Adverse Incident Reporting

You must immediately notif y EPA and the appropriate state wildlife or natural resources agency and submit an incident re port if you become aware or have beenEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

21 informed that an adverse incident has occurr ed in connection with a discharge from your pesticide application. See Pa rt 5.3.1. You must provide a wr itten report of the adverse incident to the appropriate EPA address listed in Part 11 and to the State Lead Agency for pesticide registration (see http://npic.orst.edu/state1.htm ) within 14 days. Contents of the written incident report must include:

• Name of operator, mailing a ddress, and telephone number

• Name, address, and telephone number of contact person

• Date operator became aware of the incident

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

• Location of incident (city, c ounty, state, waterbody name)

• Product Name and EPA Registration Number

• Formulation, if known

• Evidence the label directions were not followed (e.g., yes, no, unknown)

• A brief description of the ci rcumstances of the incident

• 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 ci rcumstances under which the incident

occurred

• If plants were impacted, the type of plant life affected (i.e., crop, forest, orchard, home garden, ornamental foliage, etc)

• If laboratory tests were performed, indi cate what test(s) were performed and provide a summary of the test results.

• Actions to be taken to prevent recurrence of incident.

• All requirements listed in 8.1.4

10.0 Recordkeeping

10.1 Operators required to submit an NOI, as identified in Part 1.2.2, are required to keep the following documentation. These reco rds are to be complete and up-to-date, so as to demonstrate your full compliance with the conditions of this permit:

• A copy of the NOI submitted to EPA al ong 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 assigni ng your permit tracking numbers;

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

• An IPM Plan as detailed in Part 6.0

• Records of employee training as required in Part 2.0, includ ing date training received; [NOTE: clarify in the fact sheet training pertain to BAT requirements which includes worker protection trai ning, certified application training for restricted pesticide, and training appr opriate to employees’ specified duties.]EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

22 • Pesticide Application Logs: Pesticide applicator must maintain records of the following information. For-hire applicator s must provide a copy of the log to

those customers who have submitted an NOI.

1. The name(s) of the applicator or employer’s name and if applicable customer’s name;

2. Times and date(s) of application;

3. The location(s) of the treatment area(s) (e.g., address, crossroads, waterbody, or map coordinates);

4. Application details including:

a. Target pest; b.Name(s) of the pesticide product used and active

ingredient(s);

c. EPA registration number(s); [NOTE: need to add “if

available” if permit covers exempt pesticide.] d. Equipment used;

e. Pesticide product concentration, as applied;

f. Pesticide product application rate; g. Total pesticide product qua ntity used per treatment;

h..Names of all waterbodies into or onto which applications are

made or fall; and

i. Total size of treatment area

5. Weather conditions at the time and site of application (including temperature and wind speed/direc tion); [NOTE: clarify in the fact sheet, using the nearest me terological station or local weather forecast is acceptable. B eaufort scale may be used. The Beaufort scale was developed to allow the recording of wind speed without instrument.]

6. Results of required Pre- and Po st-treatment monitoring of the application area as deta iled in Part 8.0;

7. Any observed non-target impacts resulting from your discharge;

8. For mosquito control, record of pest surveillance performed (see Part 2.1.4);

9. For mosquito control, if adulti ciding, document why larviciding is not feasible (see Part 2.1.5.2.)

• Pesticide Application Equipment Maintenance – Preventative maintenance procedures, including regul ar inspections, testing, maintenance, calibration (including droplet testing of mos quito adulticide equipment), and repair/replacement of all pesticide app lication equipment and systems to avoid situations that may result in leaks, spills , and other releases. Pesticide applicator must maintain records of the following information:

 Maintenance/repair schedules

 Date and time of regular maintenance and repairs;

 The name(s) and signature(s) of the equipment inspector(s);EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

23 10.2 You must retain copies of documenta tion outlined in Part 10.1 (including any modifications made to the IPM plan and employee training during the term of this permit), annual reports, adverse incident reports, corrective ac tion reports, and any monitoring information required in Part 8 for a period of at least 3 years from the date that your coverage under this pe rmit expires or is terminated.

11.0 EPA Addresses

Paper copies of any reports required in Parts 8 and 9, not otherwise submitted electronically via EPA’s eNOI system ( www.epa.gov/npdes/eNOI ) must be sent to one of the following addresses:

Via U.S. mail : U.S. Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: MSGP Reports 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: MSGP Reports 1201 Constitution Avenue, NW Washington, D.C. 20004

Phone number: 202-564-9545 Notices of Intent and Notices of Termination should be submitted using EPA’s eNOI system ( www.epa.gov/npdes/eNOI ) or sent to EPA’s NOI Center (see Appendix G for the address).

All Incident Reports under Part 9.3 must be also forwarded within 15 days to the State Lead Agency for pesticide regulation (see http://npic.orst.edu/state1.htm )

All other written correspondence concerning di scharges in any State, Indian Country land, Territory, 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:

11.1 Regional Addresses

11.1.1 Region 1 : Connecticut, Massachusetts, and New Hampshire, Rhode Island,

Vermont. U.S. EPA Region 1 Office of Ecosystem ProtectionEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

24 One Congress Street - CIP Boston, MA 02114

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

For Puerto Rico and the Virgin Islands U.S. EPA Region 2

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

11.1.3 Region 3: Delaware, District of Co lumbia, Maryland, Pennsylvania, Virginia, West Virginia.

U.S. EPA Region 3 Water Protection Division (3WP40)

1650 Arch Street Philadelphia, PA 19103

11.1.4 Region 4: Alabama, Florida, Georgi a, Kentucky, Mississi ppi, North Carolina, South Carolina, Tennessee.

U.S. EPA Region 4 Water Management Division

Atlanta Federal Center 61 Forsyth Street SW Atlanta, GA 30303

11.1.5 Region 5: Illinois, Indiana, Mich igan, Minnesota, Ohio, Wisconsin.

U.S. EPA Region 5

Water Division NPDES Programs Branch

77 W. Jackson Blvd.

Mail Code WN16J Chicago, IL 60604EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

25 11.1.6 Region 6: Arkansas, Louisiana, Ok lahoma, 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

11.1.7 Region 7: Iowa, Kansas, Missouri, Nebraska.

U.S. EPA - Region 7

901 N. 5th Street Kansas City, KS 66101

11.1.8 Region 8: Colorado, Montana, Nort h Dakota, South Dakota, Wyoming, Utah (except see Region 9 for Goshute Reser vation and Navajo Reservation lands), the Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation in

Nebraska.

U.S. EPA Region 8 999 18th Street, Suite 300 Denver, CO 80202-2466

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

Commonwealth of the Northern Mariana Isl ands, 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 Street San Francisco, CA 94105

11.1.10 Region 10: Alaska, Idaho, Oregon (ex cept 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

11.2 State and Tribal Addresses

12.0 State, Indian, Territory RequirementsEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

26 Appendix A Definitions and AcronymsEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

27 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 Ac t 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 st andards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations th at establish these standards, even if the permit has not yet been modified to in corporate the requirement.

B. Penalties for Violations of Permit C onditions: The Director will adjust the civil and administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation Adjustment Ru le (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 k eep 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 ad justed 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 cr iminal 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 th an 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 knowing violation, a person shall be subj ect to criminal penalties of notEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

28 more than $100,000 per day of violat ion, 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 s ubject 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 c onviction 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 da nger 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 in accurate any monitoring device or method required to be maintained unde r 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 co nviction 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 year s, or both. The Act further provides that any person who knowingly makes a ny false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, incl uding monitoring reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more than $10,000 per vi olation, 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 ex ceed 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 th e Debt Collection Improvement Act (31 U.S.C. § 3701 note) (currently $32,500 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 admi nistrative 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 th e Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) as amended by the DebtEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

29 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 $32,500).

3.2 Class II Penalty. Not to exceed the maximum amounts authorized by Section 309(g)(2)(B) of the Act and th e 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 th e 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 ac tivity 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 en forcement 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 an y 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 main tain all facilities and systems of treatment and control (and related appurtenances) whic h are installed or used by you to achieve compliance with the conditions of this pe rmit. Proper operation and maintenance also includes adequate laboratory controls and appr opriate quality assura nce procedures. This provision requires the operation of backup or auxiliary facili ties 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 reissu ed, or terminated for cause. Your filing of a request for a permit modification, revoc ation and reissuance, or termination, or a notification of planned change s or anticipated noncomplia nce does not stay any permit

condition.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

30 B.7 Property Rights.

This permit does not convey any property right s 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 represen tative of EPA), within a reas onable time, any information which EPA may request to determine whethe r cause exists for modifying, revoking and reissuing, or terminating this permit or to determine comp liance 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 repres entative (including an au thorized 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 regulat ed 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 facili ties, equipment (including monitoring and control equipment), practices, or opera tions regulated or required under this permit; and

D. Sample or monitor at reasonable tim es, 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 na ture of the monitored activity.

B. You must retain record s of all monitoring informa tion, including all calibration and maintenance records and all original strip chart recordi ngs for continuous monitoring instrumentation, copies of a ll 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 peri od may be extended by request of EPA at any time.

C. Records of monitoring information must include:EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

31 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 accord ing 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 a ny person who falsifies, tampers with, or knowingly renders inaccurate any monito ring device or method required to be maintained under this permit shall, upon c onviction, 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 NOI s, must be signed as follows:

1. For a corporation: By a responsible corporate officer. For the purpose of this subsection, a responsi ble corporate officer m eans: (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 manufactur ing, production, or ope rating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated f acility including having the explicit or implicit duty of making major capit al investment recommendations, and initiating and directing other comprehe nsive 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 proprieto rship: By a general partner or the proprietor, respectively; orEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

32 3. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking el ected 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 Integrated Pest Management (IPM) plan, including changes to your IPM plan to document any corrective actions taken as required by Part 5.0, and all reports submitted to EPA, must be signed by a person described in Appendix B, Subsection 11.A above or by a duly authori zed representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in wri ting 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 regulate d facility or activity such as the position of superint endent, 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 indi vidual or any individual occupying a named position); and 3. The signed and dated written authoriz ation is included in the IPM plan. A copy must be submitted to EPA, if requested.

C. All other changes to your IPM pl an, 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 auth orization under Appendix B, Subsection B.11 11.B is no longer accurate because the appl ication activities have been purchased by a different entity, a new NOI satisfyi ng 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 a ddress, the operator need only make a modification to the ex isting NOI submitted for authorization.

E. Any person signing documents in acco rdance 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 supe rvision in accordance with a system designed to assure that qualifie d personnel properly gathered and

evaluated the information contained therein. Based on my inquiry of the person or persons who manage the sy stem, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I amEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

33 aware that there are significant penalties for submitting false information, including the possibili ty of fine and imprisonment for knowing

violations.”

F. The CWA provides that any person w ho knowingly makes any false statement, representation, or certifica tion in any record or other document submitted or required to be maintained under this pe rmit, including monitoring reports or reports of compliance or non-compliance shall, upon convictio n, be punished by a fine of not more than $10,000 per violati on, or by imprisonment for not more than 6 months per violation, or by both.

B.12 Reporting Requirements.

A. Planned changes. You must give notice to EPA as soon as possible of any planned physical alterations or additions to the perm itted facility. Notice is required only when:

1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or

2. The alteration or addition could sign ificantly change the nature or increase the quantity of pollutants discharg ed. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requireme nts under 40 CFR 122.42(a)(1).

B. Anticipated noncompliance. You must gi ve advance notice to EPA of any planned changes in the permitted facility or ac tivity which may result in noncompliance with permit requirements.

C. 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 opera tor 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.

D. Pesticide Monitoring reports. Monitoring re sults must be reported at the intervals specified elsewhere in this permit.

1. All monitoring data must be submitted to EPA using EPA’s online eNOI system ( www.epa.gov/npdes/eNOI ). Alternatively, 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 11.0.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

34 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 wh ich require averaging of measurements

must use an arithmetic mean unle ss otherwise specified by EPA in the permit.

E. Compliance schedules. Reports of co mpliance or noncompliance with, or any progress reports on, interim and final requi rements contained in any compliance schedule of this permit must be submitted no later than 14 days following each

schedule date.

F. 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, th e anticipated time it is expected to continue; and steps taken or planned to reduce, el iminate, 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 unanticipated bypass which ex ceeds any effluent limitation in the permit. (See 40 CFR 122.41(m)(3)(ii))

b. Any upset which exceeds any effluent limitation in the permit c. Violation of a maximum daily disc harge limit for any numeric effluent limitation. (See 40 CFR 122.44(g).)

3. EPA may waive the writ ten report on a case-by-case basis for reports under Appendix B, Subsection B.12.F.2 12.F.2 if the oral report has been

received within 24 hours.

G. Other noncompliance. You must repo rt all instances of noncompliance not reported under Appendix B, Subsecti ons 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.EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

35 H. 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 Pesticide Bypass.

A. Definitions.

1. Bypass means the intentional divers ion of waste streams from any portion of a treatment facility See 40 CFR 122.41(m)(1)(i).

2. Severe property damage means s ubstantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and perman ent loss of natura l resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. See 40 CFR 122.41(m)(1)(ii).

B. Bypass not exceeding limitations. You may allow any bypass to occur which does

not cause effluent limitations to be exceed ed, but only if it also is for essential maintenance to assure efficient operati on. These bypasses are not subject to the provisions of Appendix B, Subsections 13.C and 13.D. See 40 CFR 122.41(m)(2).

C. Notice.

1. Anticipated bypass. If you know in a dvance of the need for a bypass, you must submit prior notice, if possible at least ten days before the date of the bypass. See 40 CFR 122.41(m)(3)(i). 2. Unanticipated bypass. You must submit notice of an unanticipated bypass as required in Appendix B, Subsectio n 12.F (24-hour notice). See 40 CFR 122.41(m)(3)(ii).

D. Prohibition of bypass. See 40 CFR 122.41(m)(4).

1. Bypass is prohibited, and EPA may take enforcement action against you for bypass, unless: a. Bypass was unavoidable to preven t loss of life, pe rsonal injury, or s evere property damage;

b. There were no feasible alternativ es to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This

condition is not satisfied if ad equate back-up equipment should

have been installed in the exer cise of reasonable engineeringEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

36 judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and

c. You submitted notices as re quired under Appendix B, Subsection

13.C.

2. EPA may approve an anticipated byp ass, after considering its adverse effects, if EPA determines that it will meet the three conditions listed above in Appendix B, Subsection 13.D.1.

B.14 Upset.

A. Definition. Upset means an exceptional in cident in which ther e 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 imprope r operation. See 40 CFR 122.41(n)(1).

B. Effect of an upset. An upset consti tutes an affirmative defense to an action brought for noncompliance with such tec hnology based permit effluent limitations if the requirements of Appendix B, Subsection 14.C are met. No determination made during administrative review of cl aims that noncompliance was caused by upset, and before an action for noncomp liance, is final administrative action subject to judicial review. See 40 CFR 122.41(n)(2).

C. Conditions necessary for a demonstr ation 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, cont emporaneous 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 enforcem ent 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).EPA Deliberative Draft – Do No t Distribute, Copy, or Cite

37 Appendix C

Areas Covered

1. EPA Region 1: CT, MA, ME, NH, RI, VT

Where EPA is Permitting Authority

-Commonwealth of Massachuset ts, including Indian country -Indian country within th e State of Connecticut -State of New Hampshire -Indian country within th e 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 th e 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 th e State of Mississippi. -Indian country w ithin the State of North Carolina.

5. EPA Region 5: IL, IN, MI, MN, OH, WI

Where EPA is Permitting Authority -Indian country within th e State of Michigan -Indian country within the State of Minnesota -Indian country within th e State of WisconsinEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

38 6. EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and see Region 8 for Ute Mount ain Reservation lands)

Where EPA is Permitting Authority -Indian country within th e State of Louisiana -The State of New Mexico, including Indian country within the State of New Mexico, except Navajo Reservation Lands (see Regi on 9) and Ute Mountai n 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, includ ing 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 (inc ludes SIC Groups 01, 02, 07, 08, 09). -Discharges in the State of Texas that are not under the aut hority 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 cr ude 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 Pi ne 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 t hose 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 th e 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 Goshut e and Navajo Reservation lands (see Region 9) -Indian country within the State of WyomingEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

39 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) a nd Utah (See Region 8) -Indian country within th e 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 Ore gon, except Fort McDermitt Reservation lands (see Region 9)

-Federal Facilities in the State of Washington, except t hose located on Indian country -Indian country within the State of WashingtonEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

40 Appendix D Endangered Species ProceduresEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

41 Appendix E Historic Properties Preservation ProceduresEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

42 Appendix F

Notice of Intent FormEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

43 Appendix G

Notice of Termination FormEPA Deliberative Draft – Do No t Distribute, Copy, or Cite

44 Appendix H Annual Report Form