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Created on December 3, 2009 1 

BAT WORKGROUP EDITS AS OF November 20, 2009 

2.0.Technology-Based Effluent Limitations: Minimize Pesticide Discharges into 

Waters of the United States. 

You must implement control measures to minimize the discharge of pesticides to waters 

of the United States. The term “minimize” means to reduce and/or eliminate pesticide 

discharges to waters of the United States to the extent achievable using control measures 

consistent with best management practices that are technologically available, compatible 

with the uses and functions as well as current conditions within the water body, and are 

economically practicable and achievable. To minimize unintended impacts associated 

with the discharge of pesticides into waters of the United States, permittees must do the 

following:

1. Use the effective amount of pesticide product per application and minimize, to the 

greatest degree practicable, the overall amount of pesticide necessary to control the 

target pest. 

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

unintended/accidental release of pesticides from both pesticide containers and application 

equipment to waters of the United States. 

3. Calibrate and maintain equipment to ensure effective pesticide application and pest 

control. 

2.1.Technology-Based Effluent Limitations: Integrated Pest Management Practices. 

[General Comment: Since we have lumped the uses together, we need to more explicitly 

explain who is covered. Consider adding a little more language in the permit and then 

even more in the fact sheet. I defer to OECA on how much they need to make the permit 

enforceable.] 

All permittees must evaluate, select, and implement control measures. Control measures 

are the specific actions taken to comply with the technology-based effluent limits. The 

evaluation, selection, and implementation of these control measures must be in 

accordance with best management practices. Best management practices are specific to 

each control event and must consider the uses and functions of target and receiving 

waters, available technologies, compatibility with current conditions, and economic 

feasibility. Note that environmental conditions change throughout the year and 

management plans must be flexible and adaptable in order to achieve the best pest 

management outcome If you are required to draft and maintain an IPM plan and you 

deviate from best management practices stated in that plan, you must provide justification 

for such deviation in your plan. [See Part 6 [IPM Plan]]. If you or EPA finds that your 

control measures are not minimizing pollutant discharges, you must modify these control 

measures as expeditiously as practicable. See Part 5, Corrective Action. In addition to 

Comment [j1]: Note: It would be 

helpful to define discharge – does it mean 

from the moment a pesticide leaves the 

application devise, or does it mean the 

point at which a pesticide is no longer 

performing its intended function at the 

application site? This is important for 

#2.0 - 1 below. 

Comment [j2]: Note: Is the Court 

ruling to minimize the use (discharge) of 

pesticides to waters of the United States 

or to minimize off target or unintended 

impacts associated with the discharge of 

pesticides to waters of the US in the 

course of mosquito control or aquatic 

plant management?

Deleted: all 

Comment [j3]: Note: Experience has 

shown in FL that when managing 

invasive aquatic plants, pesticide use is 

minimized through frequent small scale 

applications rather than waiting for 

problems to develop and controlling 

plants on a large scale a few times per 

year. 

Deleted: lowest number of application

Deleted: per season

Comment [j4]: This statement does 

not seem to make sense – if bmps are not 

technologically available or economically 

practicable, then they are not bmps. 

Suggest replacing with a statement that 

acknowledges that conditions change and 

plans must stay flexible with the ability to 

adapt on short notice. 

Deleted: the 

Deleted: Note that you may deviate 

from best management practices if the 

best management practices are not 

technologically available or economically 

practicable.
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Created on December 3, 2009 2 

the technology-based effluent limitations contained in Part 2, there are documentation 

and recordkeeping permit conditions in Parts 6 [IPM Plan] and 10 [Recordkeeping]. 

2.1.1.Mosquito Control (Larvicides and Adulticides) and Aquatic Nuisance 

Insect Control

2.1.1.1.Identify the Problem. The following permit conditions apply to you if 

you are a Public Entity, Quasi-Public Entity, or a For-Hired 

Applicator. Prior to the first pesticide application covered under this 

permit and prior to the first pesticide application, at a minimum, each 

year you must do the following for each treatment area: 

2.1.1.1.1.: Establish targeted densities for larval and adult mosquito or 

aquatic nuisance insect populations which serve as action 

threshold for implementing pest management strategies. 

2.1.1.1.2.Identify mosquito or aquatic nuisance insect species in order to 

develop a best control strategy based on developmental and 

behavioral considerations for each species.

2.1.1.1.3.Identify known and potential breeding sites for source 

reduction, larval control program, and habitat management. 

2.1.1.1.4.Analyze existing surveillance data to identify new/unidentified 

sources of mosquito or aquatic nuisance insect production as 

well as sites that have recurring pest problems. 

In the event site data are not available to identify the pest problem at your 

treatment area, you must document why it is not available and the assumptions 

you used to develop your management strategies and action threshold for the 

treatment area. (See Part 6, IPM Plan) 

2.1.1.2.Pest Management. The following permit conditions apply to you if you 

are a Public Entity, Quasi-Public Entity, or a For-Hired Applicator. 

Prior to the first application covered under this permit and prior to the 

first application, at a minimum, each year you must select and 

implement for each treatment area the most efficient and effective means 

of pest management options, including pesticides and non-pesticide 

methods. In developing your pest management strategies, you must 

evaluate the following management options considering human health 

and ecological impact, pest resistance, feasibility, and cost effectiveness: 

• No action. 

• Prevention [NOTE: includes source reduction ] 

• Mechanical/physical methods. 

• Cultural methods. 

• Biological control agents. 

• Pesticides. 

2.1.1.3.Pesticide Use The following permit conditions apply to you if you are a 

Public Entity, Quasi-Public Entity, or a For-Hired Applicator. If 

pesticide is selected for managing mosquitoes or aquatic nuisance 
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Created on December 3, 2009 3 

insects and pesticide will be discharged on or over, including near water 

of the United States, you must: 

2.1.1.3.1. Conduct larval and/or adult surveillance using best 

management practices prior to each pesticide application to 

assess the treatment area and to determine when preestablished conditions (pest action threshold) are met which 

necessitate the need for pest management. 

2.1.1.3.2. Assess environmental conditions prior to each pesticide 

application (e.g. temperature, precipitation, and wind speed in 

the treatment area from a weather station(s) as close to the 

treatment area(s) as possible to identify conditions which 

support development of pest populations and are suitable for 

control activities. 

2.1.1.3.3. Minimize the impact on the environment and non-target 

organisms by applying larvicides and adulticides for pest 

control only when the action thresholds have been met or 

disease is present.

2.1.1.3.4. Use larvicides as the primary pesticide for mosquito or aquatic 

nuisance insect control. 

2.1.1.3.5. Use adulticides only where the adult action threshold has been 

met and/or under emergency condition (e.g. flooding, disease 

outbreak). 

2.1.1.3.6. Do not apply adulticides over waters of the United States, 

except when necessary to target areas where adult mosquitoes 

or insect pests are present, and when weather conditions will 

facilitate movement of pesticide product away from the water 

to minimize incidental deposition into the water body. [NOTE: 

Fact sheet could include a discussion of unavoidable as 

incidental deposition.] 

2.1.2.Aquatic Weed Control in Lakes, Ponds, Rivers, Streams, Irrigation Canals 

and Drainage Systems

2.1.2.1.Identify the Problem. The following permit conditions apply to you if 

you are a Public Entity, Commercial, Regional Association, Farmer, 

or a For-Hired Applicator. Prior to the first application covered under 

this permit and prior to the first application, at a minimum, each year 

you must do the following for each treatment area: 

2.1.2.1.1. Identify problem weed areas and application areas, including 

water uses which may be impaired if weed management is not 

performed.(e.g. wildlife habitat, fisheries, vegetation, and 

recreation); 

2.1.2.1.2. Identity targeted weed species; 

2.1.2.1.3. Identify possible sources of the problem (e.g., , invasive 

species, stabilized water levels, etc); and 

Deleted: Quasi-Public Entity,

Comment [j5]: Note: need to clarify 

what is meant by this wording. With the 

exception of the weed areas, most of the 

information in 2.1.2.1.1.-4. is fairly 

consistent throughout the year and from 

year to year. The weed area and 

conditions may change throughout the 

year so the plan needs to remain flexible. 

Comment [j6]: Note: Weeds may 

interfere with the uses or functions of a 

water body regardless if there are 

resource management goals established 

for the water body. 

Deleted: goals

Deleted: not attained 

Comment [j7]: Note: In Florida, 

nutrient abatement rarely resolves an 

invasive or nuisance native plant 

problem. Submersed and emergent plants 

get their nutrients primarily from the 

sediments. While sequestering nutrients 

may reduce algae problems, it seldom has 

an impact on vascular plant growth. Also, 

while invasive plants, regardless of their 

location, may be the source of the 

problem, native plant “problems” are 

usually a case of their location – for 

example: interfering with navigation 

channels or riparian access... 

Deleted: nutrients
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Created on December 3, 2009 4 

2.1.2.1.4. Establish past or present conditions (e.g. weed densities, 

environmental conditions, use patterns (fish spawning, water 

fowl use, hunting, etc.) which serve as action thresholds for 

implementing pest management strategies. 

In the event site data are not available to identify the pest problem at your 

treatment area, you must document why it is not available and the assumptions 

you used to develop your management strategies and action thresholds for the 

treatment area. (See Part 6, IPM Plan) 

2.1.2.2.Pest Management. The following permit conditions apply to you if you 

are a Public Entity, Commercial, Regional Association, Farmer, or a 

For-Hired Applicator. Prior to the first pesticide application covered 

under this permit and prior to the first pesticide application, at a 

minimum, each year you must select and implement for each treatment 

the most cost-effective means of pest management including pesticides 

and non-pesticide methods that are compatible with current 

environmental conditions and water uses. In developing your pest 

management strategies, you must evaluate the following management 

options considering human and ecological impacts, pest resistance, and

program feasibility.

• No action 

• Prevention 

• Mechanical/physical methods 

• Cultural methods 

• Biological control agents 

• Pesticides 

2.1.2.3.Pesticide Use. The following permit conditions apply to you if you are 

a Public Entity, Commercial, Regional Association, Farmer, or a 

For-Hired Applicator. If pesticide is selected for managing weeds in 

lakes, ponds, rivers, streams, irrigation canals or drainage systems and 

pesticide will be discharged on or over, including near water of the 

United States, you must: 

2.1.2.3.1.Conduct surveillance using best management practices prior to 

each pesticide application to assess the treatment area and to 

determine when pre-established conditions (pest action 

threshold) are met which necessitate the need for pest 

management.

2.1.2.3.2.Conduct surveillance using best management practices after 

each pesticide application, if practicable or feasible, to 

determine effectiveness of the treatment. 

2.1.2.3.3.Minimize the impact on the environment and non-target 

organisms by selecting the pesticide and management

strategies for aquatic weed control (including formulation, 

dose, timing, application method, etc.) that will control the 

Deleted: pest 

Comment [j8]: Note: Weed densities 

are only one parameter that may trigger a 

weed control event. The weed density 

trigger may be overshadowed by other 

uses, functions, or conditions within the 

system, especially endangered species 

nesting or foraging. Weeds may not be 

controlled at the optimum time to control 

the weed, but at the most suitable time to 

achieve sufficient control while 

conserving or enhancing the uses and 

functions within the system – i.e. 

controlled at a time to minimize 

unintended consequences. 

Deleted: Quasi-Public Entity,

Comment [j9]: Note: The most 

efficient and effective control methods 

may not be the most appropriate if they 

are not compatible with the uses, 

functions or current conditions within the 

system. Also, plans must be flexible and 

adapt to current conditions – in many 

cases, there is a narrow window of 

opportunity to adjust to changing 

conditions and control aquatic plants in a 

cost-effective and environmentally 

compatible manner. 

Deleted: area 

Deleted: efficient and effective 

Deleted: options,

Deleted: health 

Deleted: , and cost effectiveness:

Deleted: .

Comment [j10]: Note: It seems 

inappropriate for applicants to address 

Prevention. In Florida, many requests to 

control aquatic plants are for riparian 

access through stands of native plants – 

there are no efforts that would prevent the 

need or request for management. In other 

cases, governments or riparian owners 

seek to control invasive plants that were 

introduced often because of inadequate 

federal prevention regulations. It seems 

Deleted: .

Deleted: .

Deleted: .

Deleted: .

Deleted: Quasi-Public Entity, 

Deleted: ;

Comment [j11]: In Florida, most 

water hyacinth management is carried out 

Comment [j12]: Note: It seems that 

there is a mindset that pesticides alone 

Deleted: minimizing the use of 

pesticides

... [1]

... [2]

... [3]
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Created on December 3, 2009 5 

target plant while conserving or enhancing non-target 

organisms. 

2.1.2.3.4. For managing weeds in rivers, streams, or irrigation canals, do 

not apply herbicides over waters of the United States, except 

when necessary to target areas where weeds are present, and 

when weather conditions will facilitate movement of pesticide 

product away from the water to minimize incidental deposition 

into the water body. 

2.1.3.Area Wide Pest Control (Insect, Weed, and Pathogen) and Forestry

2.1.3.1.Identify the Problem. The following permit conditions apply to you if 

you are a Public Entity, Quasi-Public Entity, or a For-Hired 

Applicator. Prior to the first application covered under this permit and 

prior to the first application, at a minimum, each year you must do the 

following for each treatment area: 

2.1.3.1.1. Establish target pest densities which serve as action threshold 

for implementing pest management strategies. 

2.1.3.1.2. Identify target species in order to develop a best control 

strategy based on developmental and behavioral considerations 

for each species. 

2.1.3.1.3.Identify current distribution of the target pest and assess 

potential distribution in absence of control measures. 

In the event site data are not available to identify the pest problem at your 

treatment area, you must document why it is not available and the assumptions 

you used to develop your management strategies and action threshold for the 

treatment area. (See Part 6, IPM Plan) 

2.1.3.2.Pest Management. The following permit conditions apply to you if you 

are a Public Entity, Quasi-Public Entity, or a For-Hired Applicator. 

Prior to the first pesticide application covered under this permit and prior 

to the first pesticide application, at a minimum, each year you must 

select and implement for each treatment area the most efficient and 

effective means of pest management options, including pesticides and 

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

you must evaluate the following management options considering 

human health and ecological impact, pest resistance, feasibility, and cost 

effectiveness: 

• No action. 

• Prevention 

• Mechanical/physical methods. 

• Cultural methods. 

• Biological control agents. 

• Pesticides. 

Deleted: when the action thresholds 

(see Part 2.1.2.1.2) have been met.

Comment [j13]: Note: This does not 

seem necessary - herbicides would not be 

applied over the water to control weeds 

unless weeds are present in the water 

below. Also, the wording is unclear - it 

seems to say “minimize incidental 

deposition into the water body” – the 

intent of aerial aquatic plant applications 

is to deposit all of the herbicide product 

into the water body to control the target 

plants. ?? 
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Created on December 3, 2009 6 

2.1.3.3.Pesticide Use. The following permit conditions apply to you if you are a 

Public Entity, Quasi-Public Entity, or a For-Hired Applicator. If 

Pesticide is selected to manage area wide pests and pesticide will be 

discharged on or over, including near waters of the United States, you 

must: 

2.1.3.3.1.Conduct surveillance using best management practices prior to 

each application to assess the treatment area and to determine 

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

which necessitate the need for pest management. 

2.1.3.3.2.Conduct surveillance using best management practices after 

each pesticide application to determine effectiveness of the 

treatment. 

2.1.3.3.3.Assess environmental conditions (e.g. temperature, 

precipitation, and wind speed) in the treatment area from a 

weather station(s) as close to the treatment area(s) as possible 

to identify conditions which support target pest development 

and are conducive for treatment activities. 

2.1.3.3.4.Minimize the impact on the environment and non-target 

organisms by minimizing the use of pesticides when the action 

thresholds have been met. 

2.1.3.3.5.Use pesticides against the most susceptible developmental 

stage. 

2.1.3.3.6.Use pesticides only where the action threshold has been met 

and/or under emergency condition (e.g. invasive species). 

2.1.3.3.7.Do not apply pesticide over waters of the United States, except 

when necessary to target areas where target pests are present, 

and when weather conditions will facilitate movement of 

pesticide product away from the water to minimize incidental 

deposition into the water body. 

2.1.4.Aquatic Nuisance Animals Control in Lakes, Ponds, Rivers, and Streams 

(Fish, Lamprey, and Mollusk)

2.1.4.1.Identify the Problem. The following permit conditions apply to you if 

you are a Public Entity, Quasi-Public Entity, or a For-Hired 

Applicator. Prior to the first application covered under this permit and 

prior to the first application, at a minimum, each year you must do the 

following for each treatment area: 

2.1.4.1.1.Identify problem aquatic nuisance animal areas and application 

areas, including water use goals not attained (e.g. wildlife 

habitat, fisheries, vegetation, and recreation); 

2.1.4.1.2.Identify targeted aquatic nuisance animal species; 

2.1.4.1.3.Identify possible sources of the problem (e.g., nutrients, 

invasive species, etc.); and 
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Created on December 3, 2009 7 

2.1.4.1.4.Establish past or present aquatic nuisance animal densities 

which serve as action threshold for implementing pest 

management strategies. 

In the event site data are not available to identify the pest problem at your 

treatment area, you must document why it is not available and the assumptions 

you used to develop your management strategies and action threshold for the 

treatment area. (See Part 6, IPM Plan) 

2.1.4.2.Pest Management. The following permit conditions apply to you if you 

are a Public Entity, Quasi-Public Entity, or a For-Hired Applicator. 

Prior to the first pesticide application covered under this permit and prior 

to the first pesticide application, at a minimum, each year you must 

select and implement for each treatment area the most efficient and 

effective means of pest management options, including pesticides and 

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

you must evaluate the following management options considering 

human health and ecological impact, pest resistance, feasibility, and cost 

effectiveness: 

• No action. 

• Prevention 

• Mechanical/physical methods. 

• Cultural methods. 

• Biological control agents. 

• Pesticides. 

2.1.4.3.Pesticide Use. The following permit conditions apply to you if you are 

a Public Entity, Quasi-Public Entity, or a For-Hired Applicator. If 

pesticide is used to control aquatic nuisance animals in lakes, ponds, 

rivers and streams and pesticide will be discharged on or over, including 

near waters of the United States you must: 

2.1.4.3.1.Conduct surveillance using best management practices prior to 

each application to assess the treatment area and to determine 

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

which necessitate the need for pest management; 

2.1.4.3.2.Conduct surveillance using best management practices after 

each pesticide application to determine effectiveness of the 

treatment. 

2.1.4.3.3.Minimize the impact on the environment and non-target 

organisms by minimizing the use of pesticides for aquatic 

nuisance animal control in lakes, ponds, rivers, and streams 

when the action thresholds have been met. 

6.0. Integrated Pest Management (IPM) Plan 

If you are required to submit an NOI, you must prepare an IPM plan for each treatment 

area or for several similar treatment areas within the same watershed before submitting 
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Created on December 3, 2009 8 

your NOI for permit coverage. The IPM plan does not contain effluent limitations; the 

limitations are contained in Parts 2.0 and 3.0 of the permit. The IPM plan is intended to 

document the evaluation and selection of control measures. The additional documentation 

requirements (see Part 10, Recordkeeping) are intended to document the implementation 

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

requirements. 

6.1 Contents of Your IPM Plan 

For coverage under this permit, you must document in your IPM Plan all of the following 

elements: 

1. IPM Team 

2. Problem Description 

3. Control Measures Description 

4. Pest Surveillance 

5. Spill Prevention and Response Procedures 

6. Adverse Incident Response Plan 

7. Pesticide Monitoring 

8. Documentation to Support Eligibility Considerations Under Other Federal 

Laws. 

9. Signature Requirements. 

Where your IPM plan refers to procedures in other documents, such as spill control plans, 

copies of the relevant portions of those documents must be kept with your IPM plan. 

6.1.1 IPM Team 

You must identify the staff members (by name or title) that comprise the team as 

well as their individual responsibilities, including: 

a. Staff member(s) responsible for managing pests in relation to the treatment 

area described below; 

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

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

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

6.1.2 Problem Description 

You must document the following:

a. Site Description;

b. Objective;

c. Pest biology;

d. Action threshold(s) [NOTE: may include disease status report as threshold.]

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 quadrangle map, a portion of a city or 

county map, or other map) with enough 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.

g. Source of the data and any assumptions used to meet conditions in Parts 

2.1.1.1, 2.1.2.1., 2.1.3.1., 2.1.4.1., and 2.1.5.1

Comment [j14]: Note: Keep in mind 

that many aquatic plant control operations 

are small and are not complex – the IPM 

Team may consist of only 1-2 people. 

Comment [j15]: This seems 

excessive, especially for one-time native 

plant control to gain riparian access and 

for maintenance programs to control 

widespread invasive plants. This 

information is available in the scientific 

literature and should not be required as 

part of an IPM plan. 
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Created on December 3, 2009 9 

6.1.3 Control Measures Description 

You must document the management tools evaluated and control measures selected 

to minimize pesticide discharges into waters of the United States. The evaluation 

must include the following management tools and considering human and 

ecological impacts, pest resistance, feasibility, and cost effectiveness:

a. No action 

b. Prevention 

c. Mechanical/physical methods

d. Cultural methods 

e. Biological control agents

f. Pesticides For mosquito control and aquatic nuisance insect control, you 

must document why larviciding is not the primary pesticide to manage 

mosquitoes [See Part 2.1.1.3.4.] 

6.1.4 Pest Surveillance 

You must document pre and post pest surveillance procedures. ’[NOTE: allow to 

reference surveillance work other groups have done in the area.] 

6.1.5 Schedules and Procedures 

You must document the following schedules and procedures in your IPM plan: 

6.1.5.1 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 that were developed for pesticide application, provided that 

you keep a copy of that other plan with your IPM plan and make it available 

for review consistent with Part 6.3. 

6.1.5.2 Adverse Incident Response Plan - Procedures for responding to adverse 

incident resulting from pesticide applications. You must identify and 

document the following:

• Course of action or responses to any incident resulting from pesticide 

applications; 

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

agency/organization and external; 

• Timelines of 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. 

6.1.5.3 Pesticide Monitoring – You must document the procedures for monitoring 

consistent with the requirements in Part 8.0 including:

 The process for determining the location of any monitoring; 

 A schedule and procedures for any monitoring; 

 The person (or position) responsible for conducting monitoring; 

and 

 Procedures for documenting any incidents of noncompliance 

observed. 

Comment [j16]: It seems that the goal 

should be to provide effective target plant 

control while at the same time conserving 

or enhancing non-target plants and 

animals – not impacts 

Comment [j17]: Note: This seems 

beyond the capabilities of most permit 

requestors – the EPA pesticide 

registration process should address 

human health issues. - if products are 

applied according to label directions,. 

Deleted: health

Deleted: 

Comment [j18]: Note – See earlier 

comments on control for riparian access 

and invasive species maintenance control. 

(2.1.2.2)

Comment [j19]: Remember, these 

methods can cause much more non-target 

impacts to plants and animals. Examples 

include: harvesters fragment and can 

spread invasive plants, especially 

submersed plants. Harvesters remove all 

plants and animal species that cannot 

escape their paths. Sterile grass carp can 

control all plant species in a water body 

for up to 10 or more years if overstocked. 

Drawdowns and benthic barriers can kill 

benthic animals in the control zone...etc. 

Comment [b20]: An IPM plan for 

most applicators/entities will include 

waterbodies throughout a large area of 

the State. In the Fish & Wildlife 

Commission’s case it will be the entire 

state. Without knowing where an 

incident might occur it would require a 

list of all possible emergency medical 

facilities, hazardous chemical responder, 

police and fire departments in the area 

you might work. It would be a huge 

undertaking to identify and list all of the 

possibilities. With access to the 911 

system for emergencies this doesn’t seem 

necessary.

Comment [j21]: Note: Need more 

information on proposed monitoring 

requirements. Is monitoring limited to 

observations or does it include sampling 

as well? Monitoring should be limited to 

value–added events – for example, new 

uses patterns for an herbicide active 

ingredient or formulation or first use of 

an herbicide compound in a specific type 

of water body (e.g. flowing water). There 

seems to be little value added by 

monitoring pesticide use in waters or 

situations where the pesticide has been 

used for years with no adverse impacts. 
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Created on December 3, 2009 10 

6.1.6 Documentation to Support Eligibility Considerations Under Other 

Federal Laws. [to be determined] 

6.1.7 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 necessary to address any of the triggering 

conditions for corrective action in Part 5.1 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 measures 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 at a minimum once per year or whenever necessary to 

address any new pest problem at your treatment area(s). 

6.3 IPM Plan Availability

You must retain a copy of the current IPM 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 Wildlife 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. 

10. Recordkeeping 

10.1.You are required to keep the following documentation. These records are to be 

complete and maintained at your facility, so as to demonstrate your full compliance with 

the conditions of this permit. 

1. A copy of this permit (an electronic copy easily available is also acceptable) 

2. A Pest Management log. Your log must be completed within 5 days of pest 

management activities. You must maintain records of the following information: 

1. The name(s) of the recordkeeper; 

2. Times and date(s) of pest management activities; 

3. The location(s) of the management area(s) (e.g., waterbody, or map 

coordinates); 

4. Target Pest; 

5. Pest management strategies used and what action threshold has been met 

6. Pesticide used: 

a. Kinds and amounts of pesticides used, including EPA registration 

number 

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

c. When the application equipment was calibrated; 

Comment [j22]: Note: Plans must 

either be broad to include multiple 

control strategies or procedures must be 

in place to expedite modification 

approvals. There is often a narrow 

window of opportunity to control aquatic 

plants especially in waters with multiple 

uses (e.g. flood control, irrigation, fish 

and wildlife management, endangered 

species nesting and foraging, etc.) 
EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup) 

Created on December 3, 2009 11 

d. For mosquito control and aquatic nuisance insect control, if 

applicable, why larviciding is impractical. 

10.2. If you are required to submit an NOI, as identified in Part 1.2.2, you are also 

required to keep the following documentation. These records are to be complete, up-todate, and maintained so as to demonstrate your full compliance with the conditions of this 

permit: 

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

between you and EPA specific to coverage under this permit; 

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

Center or eNOI system assigning your permit tracking numbers; 

• An IPM Plan as detailed in Part 6.0 

10.3.You must retain copies of documentation outlined in Part 10.1 and, if applicable, 

Part 10.2 (including any modifications made to the IPM plan during the term of this 

permit), annual reports, adverse incident reports, corrective action 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 permit expires or is terminated. 
Page 4: [1] Comment [j10] jeff.schardt 12/2/2009 9:55:00 AM 

Note: It seems inappropriate for applicants to address Prevention. In Florida, many requests to control 

aquatic plants are for riparian access through stands of native plants – there are no efforts that would 

prevent the need or request for management. In other cases, governments or riparian owners seek to control 

invasive plants that were introduced often because of inadequate federal prevention regulations. It seems 

inappropriate to place this burden on state, local or private entities. Following this logic, it also seems that 

NPDES regulations should include provisions to expedite permits for Early Detection Rapid Response. 

Eradicating or managing invasive plants early after introduction will reduce long term and perhaps largescale management, including pesticide use. 

Page 4: [2] Comment [j11] jeff.schardt 11/30/2009 3:19:00 PM 

In Florida, most water hyacinth management is carried out through many spot control applications. A crew 

may control 50 -100 sites in a day ranging in size from a few square feet to 0.1 acres. It is impossible to 

monitor each of these sites after each application. Therefore government field biologists monitor waters 

periodically to evaluate effectiveness and to plan future management efforts. 

Page 4: [3] Comment [j12] jeff.schardt 12/2/2009 10:07:00 AM 

Note: It seems that there is a mindset that pesticides alone have negative impacts on non-target organisms. 

In most cases in Florida, pesticides provide more selective aquatic plant control than harvesters that remove 

all non-target animals and plants that cannot escape their paths including, fish, reptiles, amphibians, 

invertebrates, and native plants. If overstocked, herbivorous fish can consume all aquatic vegetation 

altering plant and animal populations for a decade or more.