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

Created on November 25, 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[Suggest 

adding the phrase – “resulting in excess pesticide or pesticide residues” to make this 

consistent with 6th Circuit Court ruling] 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 and economically practicable and achievable. 

To minimize the discharge of pesticides into waters of the United States, all permittees 

must do the following: 

1. Use the effective amount of pesticide product per application and lowest number of 

application per season [This phrase should be replaced with “optimum rate and frequency 

of applications”] necessary to [effectively ]control the target pest. 

Some applications are not seasonally based. Suggest deletion of “per season”.

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 [applicable]best management practices. Note that you may deviate from 

best management practices if the best management practices are not technologically 

available or economically practicable. 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 

Formatted: Underline

Formatted: Superscript

Formatted: Underline

Comment [SD1]: Some applications 

are not seasonally based. Suggest 

deletion of “per season”. 

Deleted: the 

Comment [mlk2]: Note: if they don’t 

provide a justification it is only a record 

keeping violation not an effluent 

violation. 

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Created on November 25, 2009 2 

Action. In addition to 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. [Are these categories independent of the NOI threshold?

“For Hired” should be “Commercial” these comments apply to 

subsequent sections where this language is used.] 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: [-What is the definition of a 

“treatment area”? – Recommend that it be geographically based – such 

as boundaries of the mosquito control district]

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 [target]insect species in 

order to develop a [species specific]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.[To 

what extent must this be done? Potential breeding sites could 

number in the tens of thousands. Recommend a narrative 

description of types of sites within the district that would be 

inspected and receive control measures.]

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 

Formatted: Indent: Before: 0.5"

Comment [SD3]: 2.1.1.1.What is the 

definition of a “treatment area”? – 

Recommend that it be geographically 

based – such as boundaries of the 

mosquito control district. 

Deleted: 

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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.Comment 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 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 [a means of] mosquito or aquatic nuisance 

insect control [where/when appropriate based on use of IPM 

principles. 

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

Formatted: Bullets and Numbering

Comment [SD4]: • Mosquito Control 

Districts can not provide control 

everywhere and decisions must be made 

up front as to what regions or areas will 

receive control activities and to what 

extent. 

Deleted: ¶

Deleted: the primary 

Deleted: pesticide for

Comment [SD5]: This is not a valid 

statement. Larvacides should not be 

identified as the "primary" pesticide for 

mosquito control. Larvacides should be 

used when/where appropriate when 

technically and economically feasible. 

They may be the "primary" method in 

some situations, or not used at all in 

others. Suggest changing this to read - 

Use larvacides when and where 

appropriate based on use of IPM 

principles. 

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

you are a Public Entity, Quasi-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 goals not attained (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., nutrients, 

invasive species, etc); and 

2.1.2.1.4. Establish past or present pest weed 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) 

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

are a Public Entity, Quasi-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 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. 

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

a Public Entity, Quasi-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 Deleted: November 25, 2009

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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 to determine effectiveness of the 

treatment. 

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

organisms by minimizing the use of pesticides for aquatic weed 

control when the action thresholds (see Part 2.1.2.1.2) have 

been met. 

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 [ This 

needs more definition – we assume you are referring to government 

programs to control invasive or pestiferous species that have a statewide 

or national impact, such as mediterranean fruit fly, gypsy moth, citrus 

canker, etc. In all of these cases the “permittee” will be a government 

agency that may use its own resources or hire commercial applicators 

operating under government supervision. Inclusion of “Forestry” in this 

category is confusing – does it mean all forestry operations or only “wide 

area” type operations?]

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. Deleted: November 25, 2009

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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. 

2.1.3.3.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.[as practical and economically viable – when pest 

populations “escape” early control efforts, other methods have 

to be used, such as adulticides against mosquitoes]

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 

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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 

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: Deleted: November 25, 2009

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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 

your NOI for permit coverage.[The “treatment area” covered by an IPM plan should be 

the operational or jurisdictional area of the permittee, e.g. the boundaries of a mosquito 

control district] 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; 

Comment [SD6]: How will these be 

defined? 

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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

6.1.3 Control Measures Description [All most all of these evaluations will be 

the same from year to year. The conditions that result in pest problems 

(weed pressure, mosquito populations) are not likely to substantially 

change over the course of a permit]

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 health 

[including pest transmitted diseases] and ecological impact, 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.] [Larvaciding is only appropriate and 

effective in specific situations and will not be the “primary” means except in 

specific circumstances. We object strongly to this wording. Selection of

larvaciding as a control measure should only be as a result of review of 

options and application of IPM principles. It is antithetical to IPM principles 

to a priori assign one control measure as the “primary” means of control of a 

pest.

The Agency should also be aware that larvaciding is orders of magnitude more expensive 

than adulticiding (up to $125/acre versus $1.00/acre or less for adulticiding) and, often 

much less efficacious than adulticiding due to timing and environmental factors. 

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.] 

Formatted: Font: Bold

Comment [SD7]: How specific does 

this need to be? There may be thousands 

of sites in a district. For the purposes of 

the IPM the plan for mosquito control 

districts, the "site" is the district. 

Comment [SD8]: The biology of the 

mosquito species of concern is available 

in published sources. Why does it need 

to be reiterated in a written IPM plan. It 

should be acceptable to reference a 

document for the species of concern, 

similar to the reference allowed in the 

Spill Control Section (6.1.5.1)

Comment [SD9]: Again – this is the 

MC district boundary 

Comment [SD10]: District boundary. 

Comment [mlk11]: Do we want the 

name, etc. we should specify what we 

want here instead of just saying 

pesticides. Maybe “Name of Pesticide 

Product used with its corresponding EPA 

Registration Number,” 

Comment [SD12R11]: EPA 

registration number is sufficient. “name 

of pesticide” is vague. 

Comment [SD13]: Once again, 

larvicides should not be cited as the 

“primary” means. Larvacides should 

only be used when application of IPM 

principles result in selection of larvacides 

as the best method. 

Comment [mlk14]: I think this is 

supposed to be for mosquitoes only? The 

sentence includes aquatic nuisance n the 

beginning but focuses on mosquito at the 

end. 

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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. 

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 

Comment [mlk15]: Shouldn’t we 

require, not the permittee determine when 

to respond to an incident in so many 

hours????

Comment [mlk16]: Consider 

breaking this up into a couple of 

sentences, slightly confusing as is. 

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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 [ This section should only apply to permittees that meet the NOI 

threshold. As written it appears to apply to everyone. This section also needs 

substanitial modifications to make it practical and economically possible for 

permittees to meet. It creates an entirely new recordkeeping burden that pesticide 

applicators do not currently have to meet. The proposed “Pest Management Log” is 

poorly defined and will impose a substantial record keeping burden on the public. 

The records that are included in this section are typically kept in separate locations 

– for example surveillance actvities records and results are kept by the surveillance 

section of mosquito control districts, while pesticide application records are kept 

separately. Records of other control activities, such as container breeding mosquito 

campaigns, will be kept in a different location. As described in this section, districts 

and other permittees will have to employ one or more full time staff just to compile 

this “log”. We suggest deletion of the requirement for a “pest management log” and 

replacement with requirements that the records be kept, with the understanding 

that they can be kept separately for review by the enforcement agency as needed. 

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 [mlk17]: Not sure what 

this means – application of pesticides or 

each time you complete a condition of the 

permit?

Comment [mlk18]: Technically – if 

they don’t use a pesticide they don’t need 

a permit. Made some edits. 

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Deleted: November 23, 2009
EPA Deliberative Draft - Do Not Distribute, Copy, or Cite (BAT Workgroup) 

Created on November 25, 2009 12 

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. 

Comment [SD19]: The Agency 

appears to be pushing larvaciding as the 

primary means of mosquito control. Why 

has the Agency taken this position? 

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Deleted: November 23, 2009