EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 practi ces 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 fr om both pesticide containers and application equipment to waters of the United States.

3. Calibrate and maintain equipment to ensu re 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 pr actices 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
p lant 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
p racticable.EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

Created on December 3, 2009 2 the technology-based effluent limitations cont ained 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 nuis ance 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 availabl e 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 covere d 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 Enti ty, or a For-Hired Applicator. If pesticide is selected for managing mosquitoes or aquatic nuisanceEPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

Created on December 3, 2009 3 insects and pesticide will be discharg ed 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 toassess 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, pr ecipitation, 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, Po nds, 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 use s 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: nutrientsEPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 threshold s for implementing pest management strategies.

In the event site data are not availabl e 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 s 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 impact s , 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, irriga tion 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 pestic ide 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
p esticides ... [1]

... [2]

... [3]EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 availabl e 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, pe st 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
p lants. ??EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 Enti ty, 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 nuisanc e animal areas and application areas, including water use goals not attained (e.g. wildlife h a bitat, 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.); andEPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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, pe st 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 tr eatment areas within the same watershed before submittingEPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 c ontrol measures. The additional documentation requirements (see Part 10, Recordkeeping) are intended to document the implementation (including inspection, maintenance, monitori ng, and corrective action) of the permit requirements.

6.1 Contents of Your IPM Plan For coverage under this permit, you must docum ent 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 de veloping 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 fo r 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 quadr angle 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.EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 impact s , 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 ne arest emergency medical facility;

• Name, location, and telephone of ne arest 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 an y 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.EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup)

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 n ecessary to address any of the triggering conditions for corrective action in Part 5.1 to en sure 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 mu st 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 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 ma y 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 mu st 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 alsorequired 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.