Disclaimer 

This version of the EPA’s NPDES 

Pesticide General Permit is a draft version 

of the final permit. Neither this draft 

version nor any related document is a 

final agency action. EPA will be 

submitting a final version of this permit for 

publication in the Federal Register in the 

future. The language contained herein, as 

well as the language within related 

documents, is subject to change. Upon 

publication, an official copy of the final 

permit will be available at 

www.epa.gov/npdes/pesticides and 

noticed on the Federal Register Web site 

at www.regulations.gov. 
 

United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

United States Environmental Protection Agency (EPA)
 

National Pollutant Discharge Elimination System (NPDES)
 

PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES 

FROM THE APPLICATION OF PESTICIDES
 

AUTHORIZATION TO DISCHARGE UNDER THE
 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
 

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 United States 

Code [U.S.C.] 1251 et seq.), any Operator of a point source discharge of pollutants (i.e., 

discharge) resulting from the application of pesticides is authorized to discharge to Waters of the 

United States in accordance with the requirements of this permit provided that Operator: 

• Is eligible for permit coverage under Part 1.1, and 

• Is located in an area identified in Appendix C where this permit is available. 

This permit becomes effective on [Date]. 

This permit and the authorization to discharge expire at midnight, [five years after Date]. 

EPA Region 6 EPA Region 1 

EPA Region 7 EPA Region 2 

EPA Region 8 EPA Region 3 

EPA Region 9 EPA Region 4 

EPA Region 10 EPA Region 5 
 

 

United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Contents 

1.0 Coverage under This Permit......................................................................................1-1
 

1.1 Eligibility ..................................................................................................................... 1-1
 

1.2 Authorization to Discharge under This Permit ............................................................ 1-3
 

1.3 Alternative Permits ...................................................................................................... 1-8
 

1.4	 Severability .................................................................................................................. 1-8
 

1.5	 Other Federal and State Laws...................................................................................... 1-8
 

1.6	 Federally Listed Endangered and Threatened Species and Designated Critical
 

Habitat ......................................................................................................................... 1-9
 

2.0 Technology-Based Effluent Limitations ...................................................................2-1
 

2.1 Applicators’ Responsibilities....................................................................................... 2-1
 

2.2 Decision-makers’ Responsibilities: For All Decision-makers..................................... 2-1
 

3.0 Water Quality-Based Effluent Limitations.................................................................3-1
 

4.0 Monitoring...................................................................................................................4-1
 

4.1 Visual Monitoring Requirements for Pesticide Applicators........................................ 4-1
 

4.2 Visual Monitoring Requirements for all Operators ..................................................... 4-1
 

5.0 Pesticide Discharge Management Plan ....................................................................5-1
 

5.1 Contents of the Pesticide Discharge Management Plan .............................................. 5-1
 

5.2 Pesticide Discharge Management Plan Modifications ................................................ 5-3
 

5.3 Pesticide Discharge Management Plan Availability.................................................... 5-3
 

6.0 Corrective Action........................................................................................................6-1
 

6.1 Situations Requiring Revision of Pest Management Measures ................................... 6-1
 

6.2 Corrective Action Deadlines........................................................................................ 6-1
 

6.3 Effect of Corrective Action.......................................................................................... 6-1
 

6.4 Adverse Incident Documentation and Reporting ......................................................... 6-2
 

6.5 Reportable Spills and Leaks......................................................................................... 6-4
 

6.6 Other Corrective Action Documentation..................................................................... 6-5
 

7.0 Recordkeeping and Annual Reporting......................................................................7-1
 

7.1	 Recordkeeping For All Operators................................................................................ 7-1
 

7.2	 Recordkeeping for All Operators who are For-Hire Applicators ................................ 7-2
 

7.3	 Recordkeeping for Any Decision-maker Required to Submit an NOI and Who is
 

a Small Entity .............................................................................................................. 7-2
 

7.4	 Recordkeeping for Any Decision-maker Required to Submit an NOI and Who is
 

a Large Entity .............................................................................................................. 7-3
 

7.5	 Additional Recordkeeping Requirements for All Operators ....................................... 7-4
 

7.6	 Annual Reporting for Any Decision-maker Required to Submit an NOI and Who 

is a Large Entity .......................................................................................................... 7-4
 

8.0 EPA Contact Information and Mailing Addresses....................................................8-1
 

8.1 EPA Headquarters Addresses ...................................................................................... 8-1
 

8.2 EPA Regional Addresses ............................................................................................. 8-2
 

9.0	 Permit Conditions Applicable to Specific States (including Territories) and
 

Indian Country Lands.................................................................................................9-1
 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Appendices 

Appendix A. Definitions, Abbreviations, and Acronyms....................................................A-1
 

Appendix B. Standard Permit Conditions ...........................................................................B-1
 

Appendix C. Areas Covered (and NPDES Permit Numbers)..............................................C-1
 

Appendix D. Notice of Intent Form ......................................................................................D-1
 

Appendix E. Notice of Termination Form............................................................................E-1
 

Appendix F. Pesticide Discharge Evaluation Worksheet................................................... F-1
 

Appendix G. Annual Report Template.................................................................................G-1
 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1.0 Coverage under This Permit 

This permit covers any Operator who meets the eligibility requirements identified in Part 

1.1 and if so required, has submitted a Notice of Intent (NOI) in accordance with Part 1.2. 

For the purpose of this permit, “Operator” is defined in Appendix A to mean any entity 

associated with the application of pesticides which results in a discharge to Waters of the 

United States that meets either of the following two criteria: (1) any entity who performs 

the application of a pesticide or who has day-to-day control of the application (i.e., they 

are authorized to direct workers to carry out those activities); or (2) any entity with 

control over the decision to perform pesticide applications including the ability to modify 

those decisions. Operators identified in (1) above are referred to in this permit as 

Applicators while Operators identified in (2) are referred to in this permit as Decisionmakers. As defined, more than one Operator may be responsible for complying with this 

permit for any single discharge from the application of pesticides. 

For purposes of this permit, all Operators are defined as either an Applicator or a 

Decision-maker or both an Applicator and a Decision-maker. 

When an Operator is both an Applicator and a Decision-maker, the Operator must 

comply with all applicable requirements imposed on both Applicators and Decisionmakers. When the permit references all “Operators,” both Applicators and Decisionmakers must comply. 

1.1 Eligibility 

1.1.1 Activities Covered 

This permit is available to Operators who discharge to Waters of the United States from 

the application of (1) biological pesticides or (2) chemical pesticides that leave a residue 

(collectively called pesticides), when the pesticide application is for one of the following 

pesticide use patterns: 

a. Mosquito and Other Flying Insect Pest Control—to control public health/nuisance 

and other flying insect pests that develop or are present during a portion of their life 

cycle in or above standing or flowing water. Public health/nuisance and other flying 

insect pests in this use category include mosquitoes and black flies. 

b.	 Weed and Algae Pest Control—to control weeds, algae, and pathogens that are 

pests in water and at water’s edge, including ditches and/or canals. 

c.	 Animal Pest Control—to control animal pests in water and at water’s edge. Animal 

pests in this use category include fish, lampreys, insects, mollusks, and pathogens. 

d.	 Forest Canopy Pest Control—application of a pesticide to a forest canopy to control 

the population of a pest species (e.g., insect or pathogen) where, to target the pests 

effectively, a portion of the pesticide unavoidably will be applied over and deposited 

to water. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1.1.2 Limitations on Coverage 

1.1.2.1 Dischar ges to W ater Quality I mpair ed W ater s 

Operators are not eligible for coverage under this permit for any discharges from a 

pesticide application to Waters of the United States if the water is identified as impaired 

by a substance which either is an active ingredient in that pesticide or is a degradate of 

such an active ingredient. For purposes of this permit, impaired waters are those that 

have been identified by a state, tribe, or EPA pursuant to section 303(d) of the CWA as 

not meeting applicable state or tribal water quality standards. Impaired waters, for the 

purposes of this permit, consist of both waters with EPA-approved or EPA-established 

total maximum daily loads (TMDLs) and waters for which EPA has not yet approved or 

established a TMDL. A list of those waters is available at www.epa.gov/OWOW/tmdl/ . 

If a discharge from a pesticide application would not be eligible under this permit 

because the water is listed as impaired for that specific pesticide, but there is evidence 

that shows the water is no longer impaired, Operators may submit this information to 

EPA consistent with Table 1-2 in Part 1.2.3, and request that coverage be allowed under 

this permit. 

1.1.2.2 Dischar ges to W ater s Designated as T ier 3 for A ntidegr adation Pur poses 

Except for discharges from pesticide applications made to restore or maintain water 

quality or to protect public health or the environment that either do not degrade water 

quality or only degrade water quality on a short-term or temporary basis, Operators are 

not eligible for coverage under this permit for discharges to waters of the United States if 

the water is designated by a state or tribe as Tier 3 (Outstanding National Resource 

Waters) for antidegradation purposes under Title 40 of the Code of Federal Regulations 

(CFR) 131.12(a)(3). A list of Tier 3 waters in geographic areas covered under this permit 

is available on EPA’s website at www.epa.gov/npdes/pesticides. 

1.1.2.3 Dischar ges C ur r ently or Pr eviously C over ed by another Per mit 

Discharges are not eligible for coverage under this permit if any of the following 

circumstances apply: 

a.	 The discharge is covered by another NPDES permit, or 

b. The discharge was included in a permit that in the past 5 years has been or is in the 

process of being denied, terminated, or revoked by EPA (this does not apply to the 

routine reissuance of permits every 5 years). 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1.2 Authorization to Discharge under This Permit 

1.2.1 How to Obtain Authorization 

The following discharges, consistent with the permit eligibility provisions in Part 1.1, are 

automatically authorized by this permit beginning [Date]: 

- Eligible discharges made prior to the Notice of Intent submission deadline. 

See Table 1-2 in Part 1.2.3; 

- Eligible discharges that result from the application of a pesticide as part of 

pesticide research and development, as defined in Appendix A; 

- Eligible discharges for which submission of an NOI is not required. See Parts 

1.2.2 and 1.2.3. 

To obtain authorization under this permit for all other eligible discharges, a Decisionmaker must submit a timely, complete, and accurate NOI consistent with the 

requirements of Parts 1.2.2 and 1.2.3. 

1.2.2 Decision-makers Required to Submit NOIs 

Decision-makers required to submit NOIs are identified in Table 1-1. 

For calculating annual treatment area totals for purposes of determining if an NOI must 

be submitted, see Appendix A, Definitions, “annual treatment area threshold.” 

An NOI provides notice to EPA that a Decision-maker intends to discharge to Waters of 

the United States from pesticide application activities eligible for coverage under this 

permit. Information required to be included in an NOI is provided in Appendix D. The 

NOI must identify the pest management area where the Decision-maker will conduct 

activities resulting in discharges to waters of the United States to be covered under this 

permit. If the activities will result in discharges to any Tier 3 water, eligible under Part 

1.1.2.2, the NOI must specifically identify the Tier 3 water by the name listed at 

www.epa.gov/npdes/pesticides. 

If required to submit an NOI, a Decision-maker must submit the NOI once, in accordance 

with the deadlines in Part 1.2.3, Table 1-2. The Decision-maker must submit an updated 

NOI if the criteria in Part 1.2.3, Table 1-4 are met. The Decision-maker must prepare and 

submit the NOI using EPA’s electronic Notice of Intent system (eNOI) available on 

EPA’s website (www.epa.gov/npdes/pesticides/eNOI) unless eNOI is otherwise 

unavailable or the Decision-maker has obtained a waiver from the requirement to use 

eNOI for submission of the NOI. Decision-makers waived from the requirement to use 

eNOI for NOI submission must certify on the paper NOI submitted to EPA that use of 

eNOI will incur undue burden or expense over the use of the paper Notice of Intent form 

and then provide a basis for this determination. EPA will immediately post on that 

website all NOIs received. Late NOIs will be accepted, but authorization to discharge 

will not be retroactive. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Coverage will be available for the duration of the permit for Decision-makers who file an 

NOI, including the Decision-makers’ employees, contractors, subcontractors, and other 

agents, for all activities identified on the NOI unless coverage is terminated pursuant to 

Parts 1.2.5 or 1.3. If a submitted NOI is not timely, accurate, or complete, any employee, 

contractor, subcontractor or other entity that discharges without the required NOI is not 

covered by this permit. 

Applicators who are not also Decision-makers do not need to submit an NOI. 

1.2.3 Discharge Authorization Date 

Beginning [Date], discharges to Waters of the United States as a result of pesticide 

applications must be authorized under an NPDES permit. Except as provided in Table 

1-3 (for discharges to Tier 3 waters or in response to a declared pest emergency 

situation), operators that are eligible for coverage under Part 1.1 are authorized to 

discharge under this permit consistent with the NOI submission and discharge 

authorization dates identified in Table 1-2. Decision-makers eligible for coverage under 

Part 1.1 that discharge either to Tier 3 waters or as the result of a declared pest 

emergency situation, are authorized to discharge under this permit consistent with the 

NOI submission and discharge authorization dates identified in Table 1-3. To remain 

authorized, all Decision-makers must submit NOI changes, as necessary, consistent with 

Table 1-4. 

EPA’s electronic reporting system, eNOI, will be available online beginning October 9, 

2011. Although Decision-makers may submit NOIs at any time after October 9, 2011, no 

Decision-maker is required to submit an NOI before January 9, 2012, to obtain 

authorization under this permit unless discharging into Tier 3 waters. The NOI for any 

discharge to a Tier 3 water is required at least ten days before beginning to discharge any 

time after [Date]. Until the eNOI system is available, Operators may submit NOIs for 

discharges to Tier 3 waters in paper form without prior EPA approval. 

On the basis of a review of an NOI or other information, EPA may delay authorization to 

discharge, determine that additional technology-based and/or water quality-based effluent 

limitations are necessary, or deny coverage under this permit and require submission of 

an application for an individual NPDES permit, as detailed in Part 1.3. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Table 1-1. Decision-makers Required to Submit NOIs 

PGP Part/ 

Pesticide Use Which Decision-makers Must Submit NOIs? For Which Pesticide Application Activities? 

All four use 

patterns identified 

in Part 1.1.1 

Any Decision-maker with an eligible discharge to a 

Tier 3 water (Outstanding National Resource Water) 

consistent with Part 1.1.2.2 

All 

1.1.1(a) -

Mosquito and Other 

Flying Insect Pest 

Control 

Federal and State agencies with a responsibility to 

control mosquitoes for public health, nuisance 

control, and animal welfare 

All 

Mosquito control districts, or similar pest control 

districts 

All 

Other entities that exceed the annual treatment area 

threshold identified here 

Decision to treat with adulticide 

during a calendar year more than 

6,400 acres 

1.1.1(b) -

Weed and Algae 

Pest Control 

Federal and State agencies with a responsibility to 

control weeds and algae 

All 

Irrigation and weed control districts, or similar pest 

control districts 

All 

Other entities that exceed the annual treatment area 

threshold identified here 

Decision to treat during a calendar 

year more than either: 

20 linear miles 

OR 

80 acres of water (i.e., surface area) 

1.1.1(c) -

Animal Pest Control Federal and State agencies with a responsibility to 

control animals for public health, nuisance, or 

resource management 

All 

Other entities that exceed the annual treatment area 

threshold identified here 

Decision to treat during a calendar 

year more than either: 

20 linear miles 

OR 

80 acres of water (i.e., surface area) 

1.1.1.(d) -

Forest Canopy Pest 

Control 

Federal and State agencies with a responsibility to 

control forest canopy pests 

All 

Other entities that exceed the annual treatment area 

threshold identified here 

Decision to treat during a calendar 

year more than 6,400 acres 

Table 1-2. Original NOI Submittal Deadlines and Discharge Authorization Dates 

Operator Type NOI Submission 

Deadline Discharge Authorization Date 

Any Operator not required to submit an 

NOI. 

Not applicable. Immediately upon beginning to discharge. 

Decision-makers whose discharges 

begin before October 9, 2011 and that 

meet the criteria in Part 1.2.2 requiring 

submission of an NOI. 

Due between 

October 9, 2011 

and January 9, 

2012. 

Immediately upon beginning to discharge. 

Authorization granted until January 9, 2012. If EPA 

receives an NOI on or before January 9, 2012, 

uninterrupted coverage continues. 

Decision-makers whose discharges 

begin after October 9, 2011 and that 

meet the criteria in Part 1.2.2 requiring 

submission of an NOI. 

Due at least 10 

days before 

exceeding an 

annual treatment 

area threshold. 

Immediately upon beginning to discharge, until the 

discharge exceeds an annual treatment area 

threshold. If a Decision-maker submits an NOI after 

January 9, 2012, they are reauthorized no earlier 

than 10 days after EPA posts on the Internet the 

receipt of a complete and accurate NOI. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Table 1-3. Emergency Discharges and Discharges to Tier 3 Waters 

Operator Type NOI Submission Deadline [Date], or Discharge Authorization Date, 

whichever comes later 

All Decision-makers 

discharging to a Tier 3 water. 

At least 10 days before 

beginning discharge unless 

discharges are in response 

to a declared pest 

emergency, in which case 

not later than 30 days after 

beginning discharge. 

No earlier than 10 days after EPA posts on the 

Internet a receipt of a complete and accurate NOI 

unless discharges are in response to a declared pest 

emergency in which case coverage is available 

immediately upon beginning to discharge from 

activities conducted in response to declared pest 

emergency. 

Decision-maker discharging 

in response to a declared 

pest emergency situation as 

defined in Appendix A for 

which that activity triggers 

the NOI requirement 

identified in Part 1.2.2. 

No later than 30 days after 

beginning discharge but no 

earlier than January 9, 2012. 

Immediately upon beginning to discharge for activities 

conducted in response to declared pest emergency 

situation. 

Table 1-4. NOI Change of Information Submittal Deadlines and Discharge Authorization Dates 

Operator Type NOI Submission Deadline Discharge Authorization Date 

Any Decision-makers discharging to At least 10 days before No earlier than 10 days after EPA posts on 

a Tier 3 water, for Tier 3 waters not beginning to discharge in that the Internet receipt of a complete and 

specifically identified by name on newly identified treatment area accurate NOI unless discharges are in 

their most recently submitted NOI. unless discharges are in 

response to a declared pest 

emergency in which case not 

later than 30 days after 

beginning discharge. 

response to a declared pest emergency in 

which case coverage is available 

immediately upon beginning to discharge 

from activities conducted in response to 

declared pest emergency. 

Any Decision-makers requiring 

permit coverage for a treatment 

area not within the pest 

management area identified on a 

previously submitted NOI. 

At least 10 days before 

beginning to discharge in that 

newly identified area unless 

discharges are in response to 

a declared pest emergency in 

which case not later than 30 

days after beginning discharge. 

No earlier than 10 days after EPA posts on 

the Internet the receipt of a complete and 

accurate NOI unless discharges are in 

response to a declared pest emergency in 

which case coverage is available 

immediately upon beginning to discharge 

from activities conducted in response to 

declared pest emergency. 

1.2.4 Continuation of This Permit 

If this permit is not reissued or replaced before the expiration date, it will be 

administratively continued in accordance with 40 CFR 122.6 and remain in force and 

effect. If an Operator was authorized to discharge under this permit before the expiration 

date, any discharges authorized under this permit will automatically remain covered by 

this permit until the earliest of the following: 

a.	 A Decision-maker is authorized for coverage under a reissued permit or a 

replacement of this permit, following the timely and appropriate submittal of a 

complete NOI requesting authorization to discharge under the new permit and in 

compliance with the requirements of the NOI; 

b. A Decision-maker submits a Notice of Termination and that notice is processed and 

posted on the Internet consistent with Part 1.2.5.1; 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

c.	 An NPDES individual permit for a discharge resulting from application of a pesticide 

that would otherwise be covered under this permit is issued or denied; 

d. EPA issues a formal permit decision not to reissue this general permit, at which time 

EPA will identify a reasonable period for covered dischargers to seek coverage under 

an alternative NPDES general permit or an NPDES individual permit. Coverage 

under this permit will cease when coverage under another permit is 

granted/authorized; or 

e.	 EPA has informed the Operator that its discharge is no longer covered under this 

permit. 

1.2.5	 Terminating Coverage 

1.2.5.1 Submitting a Notice of Termination. To terminate permit coverage, a Decision-maker 

who is required to submit an NOI as identified in Part 1.2.2, must submit a complete and 

accurate Notice of Termination. Information required to be included in a Notice of 

Termination is provided in Appendix E. Decision-makers required to submit a Notice of 

Termination must prepare and submit that information using EPA’s electronic eNOI 

system (www.epa.gov/npdes/eNOI) unless eNOI is otherwise unavailable or EPA waives 

the electronic submission requirement for an Operator consistent with the requirements 

identified on the Notice of Termination form in Appendix E. The authorization to 

discharge under this permit terminates at 11:59 p.m. of the day that a complete Notice of 

Termination is processed and posted on EPA’s website (www.epa.gov/npdes). If a 

Decision-maker submits a Notice of Termination without meeting one or more of the 

conditions identified in Part 1.2.5.2, the Notice of Termination is not valid. Decisionmakers are responsible for complying with the terms of this permit until authorization is 

terminated. If required to submit annual reports pursuant to Part 7 prior to the termination 

of authorization under this permit, Decision-makers must file an annual report for the 

portion of the year up through the date of termination. The annual report is due no later 

than February 15 of the following year. 

1.2.5.2 W hen to Submit a Notice of T er mination. A Decision-maker who is required to submit 

an NOI as identified in Part 1.2.2 must submit a Notice of Termination within 30 days 

after one or more of the following conditions have been met: 

a.	 A new Decision-maker has taken over responsibility of the pest control activities 

covered under an existing NOI; 

b. The Decision-maker has ceased all discharges from the application of pesticides for 

which permit coverage was obtained and does not expect to discharge during the 

remainder of the permit term for any of the use patterns as identified in Part 1.1.1; or 

c.	 The Decision-maker has obtained coverage under an NPDES individual permit or an 

alternative NPDES general permit for all discharges required to be covered by an 

NPDES permit, unless coverage was obtained consistent with Part 1.3, in which case 

coverage under this permit will terminate automatically. 

1.2.5.3 T er mination for Oper ator s not R equir ed to Submit an NOI .	 Operators covered under 

this permit, who are not required to submit an NOI, are terminated from permit coverage 

when there is no longer a discharge from the application of pesticides or the discharges 

are covered under an NPDES individual permit or alternative NPDES general permit. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1.3 Alternative Permits 

1.3.1 Requirements for Coverage under an Alternative Permit 

In accordance with 40 CFR 122.64 and 124.5, EPA may require Operators to apply for 

and/or obtain authorization to discharge under either an NPDES individual permit or an 

alternative NPDES general permit. 

If EPA requires an Operator to apply for an NPDES individual permit, EPA will notify 

the Operator in writing that a permit application is required. Such a notification will 

include a brief statement of the reasons for the decision and will provide application 

information. In addition, for Operators whose discharges are authorized under this 

permit, any notice will set a deadline to file the permit application and will include a 

statement that on the effective date of the NPDES individual permit, coverage under this 

general permit will terminate. EPA may grant additional time to submit the application if 

an Operator submits a request setting forth reasonable grounds for additional time. If 

covered under this permit and the Operator fails to submit an NPDES individual permit 

application as required by EPA, the applicability of this permit to such Operator is 

terminated at the end of the day specified by EPA as the deadline for application 

submittal. EPA may take enforcement action for any unpermitted discharge or violation 

of any permit requirement. 

1.3.2 Operator Requesting Coverage under an Alternative Permit 

If an Operator does not want to be covered by this general permit but needs permit 

coverage, the Operator can apply for an NPDES individual permit. In such a case, the 

Operator must submit an individual permit application in accordance with the 

requirements of 40 CFR 122.26(c)(1)(ii), with reasons supporting the request, to EPA at 

the applicable EPA Regional Office listed in Part 8 of this permit. The request may be 

granted by issuance of an NPDES individual permit or authorization of coverage under 

an alternative NPDES general permit. 

When an individual NPDES permit is issued, or the Operator is authorized under an 

alternative NPDES general permit to discharge a pollutant to Waters of the United States 

as a result of a pesticide application, authorization to discharge under this permit is 

terminated on the effective date of the NPDES individual permit or the date of 

authorization of coverage under the alternative NPDES general permit. 

1.4 Severability 

Invalidation of a portion of this permit does not render the whole permit invalid. EPA’s 

intent is that the permit will remain in effect to the extent possible; if any part of this 

permit is invalidated, the remaining parts of the permit will remain in effect unless EPA 

issues a written statement otherwise. 

1.5 Other Federal and State Laws 

Operators must comply with all other applicable federal and state laws and regulations 

that pertain to the application of pesticides. For example, this permit does not negate the 

requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

its implementing regulations to use registered pesticides consistent with the product’s 

labeling. In fact, applications in violation of certain FIFRA requirements could also be a 

violation of the permit and therefore a violation of the CWA (e.g. exceeding label 

application rates). Additionally, other laws and regulations might apply to certain 

activities that are also covered under this permit (e.g., United States Coast Guard 

regulations). 

1.6	 Federally Listed Endangered and Threatened Species and 

Designated Critical Habitat

 Operators must comply with all conditions and/or requirements that address discharges 

from activities also covered under this permit resulting from any of the following preexisting situations: 

a.	 ESA Section 7 consultation that Operators have completed with FWS and/or NMFS, 

and/or 

b. ESA Section 10 permit issued to the Operator by FWS and/or NMFS. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

2.0 Technology-Based Effluent Limitations 

This Part includes technology-based effluent limitations applicable to all Operators, as 

defined in Appendix A, for any discharges authorized under this permit, with compliance 

required upon beginning such discharge. All Operators are classified as either 

“Applicators” or “Decision-makers,” as defined in Appendix A, or both. Applicators 

must perform the tasks identified in Part 2.1 – Applicators’ Responsibilities. Decisionmakers must perform the tasks identified in Part 2.2 – Decision-makers’ Responsibilities. 

There may be instances when a single entity acts as both an Applicator and a Decisionmaker. 

If an Operator’s discharge of pollutants results from the application of pesticide that is 

being used solely for the purpose of “pesticide research and development,” as defined in 

Appendix A, the Operator must use such pesticide consistent with any applicable 

research plan and experimental use permit. 

As stated in Part 1.5, this permit requires all Operators to comply with all other 

applicable federal or state laws and regulations that pertain to application of pesticides by 

the Operator. 

2.1	 Applicators’ Responsibilities – To meet the effluent limitations of this permit, 

all Applicators must implement Part 2.1 to minimize the discharge of pesticides to Waters 

of the United States from the application of pesticides, through the use of Pest 

Management Measures, as defined in Appendix A. 

2.1.1 To the extent not determined by the Decision-maker, use only the amount of pesticide 

and frequency of pesticide application necessary to control the target pest, using 

equipment and application procedures appropriate for this task. 

2.1.2 Maintain pesticide application equipment in proper operating condition, including 

requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or 

other unintended discharges. 

2.1.3	 Assess weather conditions (e.g. temperature, precipitation and wind speed) in the 

treatment area to ensure application is consistent with all applicable federal requirements. 

2.2	 Decision-makers’ Responsibilities: For All Decision-makers 

To meet the effluent limitations in Part 2.2, all Decision-makers must minimize the 

discharge of pesticides to Waters of the United States from the application of pesticides, 

through the use of Pest Management Measures, as defined in Appendix A. 

To the extent the Decision-maker determines the amount of pesticide or frequency of 

pesticide application, the Decision-maker must use only the amount of pesticide and 

frequency of pesticide application necessary to control the target pest. 

Decision-Maker’s Responsibilities: For Decision-makers 

Required to Submit NOIs 

To meet the effluent limitations of this permit, prior to pesticide application, all Decisionmakers who are required to submit an NOI as required in Part 1.2.2 must also implement 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Parts 2.2.1 - 2.2.4 to minimize the discharge of pesticides to Waters of the United States 

from the application of pesticides, through the use of Pesticide Management Measures, as 

defined in Appendix A. 

2.2.1 Mosquito and Other Flying Insect Pest Control 

This part applies to discharges from the application of pesticides for mosquito and other 

flying insect pest control as defined in Part 1.1.1. 

a. Identify the Problem. Prior to the first pesticide application covered under this 

permit that will result in a discharge to Waters of the United States, and at least once 

each calendar year thereafter prior to the first pesticide application for that calendar 

year, Decision-makers required to submit NOIs must do the following for each pest 

management area, as defined in Appendix A: 

1. Establish densities for larval and adult mosquito or flying insect pest populations 

or identify environmental condition(s), either current or based on historical data, 

to serve as action threshold(s) for implementing Pest Management Measures; 

2. Identify target pest(s) to develop Pest Management Measures based on 

developmental and behavioral considerations for each pest; 

3. Identify known breeding sites for source reduction, larval control program, and 

habitat management; 

4. Analyze existing surveillance data to identify new or unidentified sources of 

mosquito or flying insect pest problems as well as sites that have recurring pest 

problems; and 

5. In the event there are no data for the pest management area in the past calendar 

year, use other available data as appropriate to meet the permit conditions in Part 

2.2.1.a. 

b.	 Pest Management Options. Prior to the first pesticide application covered under 

this permit that will result in a discharge to Waters of the United States and at least 

once each calendar year thereafter prior to the first pesticide application for that 

calendar year, Decision-makers required to submit NOIs must select and implement 

efficient and effective means of Pest Management Measures that minimize discharges 

resulting from the application of pesticides to control mosquitoes or other flying 

insect pests. In developing the Pest Management Measures for each pest 

management area, the Decision-maker must evaluate the following management 

options, including a combination of these management options, considering impact to 

water quality, impact to non-target organisms, feasibility, and cost effectiveness: 

1. No action 

2. Prevention 

3. Mechanical or physical methods 

4. Cultural methods 

5. Biological control agents 

6. Pesticides 

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c.	 Pesticide Use. If a pesticide is selected to manage mosquitoes or flying insect pests, 

and application of the pesticide will result in a discharge to Waters of the United 

States, Decision-makers that are required to submit NOIs must: 

1. Conduct larval and/or adult surveillance in an area that is representative of the 

pest problem or evaluate existing larval surveillance data, environmental 

conditions, or data from adjacent area prior to each pesticide application to assess 

the pest management area and to determine when the action threshold(s) is met; 

2. Reduce the impact on the environment and on non-target organisms by applying 

the pesticide only when the action threshold(s) has been met; 

3. In situations or locations where practicable and feasible for efficacious control, 

use larvicides as a preferred pesticide for mosquito or flying insect pest control 

when the larval action threshold(s) has been met; and 

4. In situations or locations where larvicide use is not practicable or feasible for 

efficacious control, use adulticides for mosquito or flying insect pest control when 

the adult action threshold(s) has been met. 

2.2.2 Weed and Algae Pest Control 

This part applies to discharges from the application of pesticides for control of weeds, 

algae, and pathogens as defined in Part 1.1.1. 

a. Identify the Problem. Prior to the first pesticide application covered under this 

permit that will result in a discharge to Waters of the United States, and at least once 

each calendar year thereafter prior to the first pesticide application for that calendar 

year, Decision-makers required to submit NOIs must do the following for each pest 

management area, as defined in Appendix A: 

1. Identify areas with pest problems and characterize the extent of the problems, 

including, for example, water use goals not attained (e.g. wildlife habitat, 

fisheries, vegetation, and recreation); 

2. Identify target pest(s); 

3. Identify possible factors causing or contributing to the pest problem (e.g., 

nutrients, invasive species, etc); 

4. Establish any pest- and site-specific action threshold, as defined in Appendix A, 

for implementing Part 2.2.2.b; and 

5. In the event there are no data for the pest management area in the past calendar 

year, use other available data as appropriate to meet the permit conditions in Part 

2.2.2.a. 

b.	 Pest Management Options. Prior to the first pesticide application covered under 

this permit that will result in a discharge to Waters of the United States, and at least 

once each calendar year thereafter prior to the first pesticide application for that 

calendar year, Decision-makers required to submit NOIs must select and implement 

efficient and effective means of Pest Management Measures that minimize discharges 

resulting from the application of pesticides to control pests. In developing the Pest 

Management Measures for each pest management area, the Decision-maker must 

evaluate the following management options, including a combination of these 

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management options, considering impact to water quality, impact to non-target 

organisms, feasibility, and cost effectiveness: 

1. No action 

2. Prevention 

3. Mechanical or physical methods 

4. Cultural methods 

5. Biological control agents 

6. Pesticides 

c.	 Pesticide Use. If a pesticide is selected to manage pests, and application of the 

pesticide will result in a discharge to Waters of the United States, Decision-makers 

that are required to submit NOIs must: 

1. Conduct surveillance in an area that is representative of the pest problem prior to 

each pesticide application to assess the pest management area and to determine 

when the action threshold(s) is met; and 

2. Reduce the impact on the environment and non-target organisms by applying the 

pesticide only when the action threshold has been met. 

2.2.3 Animal Pest Control 

This part applies to discharges from the application of pesticides for control of animal 

pests as defined in Part 1.1.1. 

a. Identify the Problem. Prior to the first pesticide application covered under this 

permit that will result in a discharge to Waters of the United States, and at least once 

each calendar year thereafter prior to the first pesticide application for that calendar 

year, Decision-makers required to submit NOIs must do the following for each pest 

management area, as defined in Appendix A: 

1. Identify areas with pest problems and characterize the extent of the problems, 

including, for example, water use goals not attained (e.g. wildlife habitat, 

fisheries, vegetation, and recreation); 

2. Identify target pest(s); 

3. Identify possible factors causing or contributing to the problem (e.g., nutrients, 

invasive species); 

4. Establish any pest- and site-specific action threshold, as defined in Appendix A, 

for implementing Part 2.2.3.b; and 

5. In the event there are no data for the pest management area in the past calendar 

year, use other available data as appropriate to meet the permit conditions in Part 

2.2.3.a. 

b.	 Pest Management Options Prior to the first pesticide application covered under 

this permit that will result in a discharge to Waters of the United States, and at least 

once each year thereafter prior to the first pesticide application during that calendar 

year, Decision-makers required to submit NOIs must select and implement efficient 

and effective means of Pest Management Measures that minimize discharges 

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resulting from the application of pesticides to control pests. In developing the Pest 

Management Measures for each pest management area, the Decision-maker must 

evaluate the following management options, including a combination of these 

management options, considering impact to water quality, impact to non-target 

organisms, feasibility, and cost effectiveness: 

1. No action. 

2. Prevention 

3. Mechanical or physical methods 

4. Biological control agents 

5. Pesticides 

c.	 Pesticide Use. If a pesticide is selected to manage pests and application of the 

pesticide will result in a discharge to Waters of the United States, Decision-makers 

that are required to submit NOIs must: 

1. Conduct surveillance in an area that is representative of the pest problem prior to 

each application to assess the pest management area and to determine when the 

action threshold(s) is met; and 

2. Reduce the impact on the environment and non-target organisms by evaluating 

site restrictions, application timing, and application method in addition to 

applying the pesticide only when the action threshold(s) has been met. 

2.2.4 Forest Canopy Pest Control 

This part applies to discharges from the application of pesticides for forest canopy pest 

control as defined in Part 1.1.1. 

a. Identify the Problem. Prior to the first pesticide application covered under this 

permit that will result in a discharge to Waters of the United States, and at least once 

each calendar year thereafter prior to the first pesticide application in that calendar 

year, Decision-makers required to submit NOIs must do the following for each pest 

management area, as defined in Appendix A: 

1. Establish any pest- and site-specific action threshold, as defined in Appendix A, 

for implementing Part 2.2.4.b; 

2. Identify target pest(s) to develop Pest Management Measures based on 

developmental and behavioral considerations for each pest; 

3. Identify current distribution of the target pest and assess potential distribution in 

the absence of Pest Management Measures; and 

4. In the event there are no data for the pest management area in the past calendar 

year, use other available data as appropriate to meet the permit conditions in Part 

2.2.4.a. 

b.	 Pest Management Options Prior to the first pesticide application covered under 

this permit that will result in a discharge to Waters of the United States, and at least 

once each calendar year thereafter prior to the first pesticide application for that 

calendar year, Decision-makers required to submit NOIs must select and implement 

efficient and effective means of Pest Management Measures that minimize discharges 

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resulting from the application of pesticides to control pests. In developing the Pest 

Management Measures for each pest management area, the Decision-maker must 

evaluate the following management options, including a combination of these 

management options, considering impact to water quality, impact to non-target 

organisms, feasibility, and cost effectiveness: 

1. No action 

2. Prevention 

3. Mechanical/physical methods 

4. Cultural methods 

5. Biological control agents 

6. Pesticides 

c.	 Pesticide Use. If a pesticide is selected to manage forestry pests, and application of 

the pesticide will result in a discharge to Waters of the United States Decision-makers 

that are required to submit NOIs must: 

1. Conduct surveillance in an area that is representative of the pest problem prior to 

each application to assess the pest management area and to determine when the 

pest action threshold is met; 

2. Reduce the impact on the environment and non-target organisms by evaluating the 

restrictions, application timing, and application methods in addition to applying 

the pesticide only when the action threshold(s) has been met; and 

3. Evaluate using pesticides against the most susceptible developmental stage. 

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3.0 Water Quality-Based Effluent Limitations 

All Operators must control discharges as necessary to meet applicable numeric and 

narrative state or tribal water quality standards, for any discharges authorized under this 

permit, with compliance required upon beginning such discharge. 

If at any time an Operator becomes aware (e.g., through self-monitoring or by 

notification from the state or tribe), or EPA determines, that the Operator’s discharge 

causes or contributes to an excursion of any applicable water quality standard, the 

Operator must take corrective action as required in Part 6 and Appendix B, Section B.3, 

up to and including the ceasing of the discharge, if necessary. 

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4.0 Monitoring 

4.1 Visual Monitoring Requirements for Pesticide Applicators 

During any pesticide application with discharges authorized under this permit, all 

Applicators must, when considerations for safety and feasibility allow, visually assess the 

area to and around where pesticides are applied for possible and observable adverse 

incidents, as defined in Appendix A, caused by application of pesticides, including the 

unanticipated death or distress of non-target organisms and disruption of wildlife habitat, 

recreational or municipal water use. 

4.2 Visual Monitoring Requirements for all Operators 

During any Operator post-application surveillance of any pesticide application with 

discharges authorized under this permit, all Operators must visually assess the area to and 

around where pesticides were applied for possible and observable adverse incidents, as 

defined in Appendix A, caused by application of pesticides, including the unanticipated 

death or distress of non-target organisms and disruption of wildlife habitat, recreational 

or municipal water use. 

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5.0 Pesticide Discharge Management Plan 

Except for any application made in response to a declared pest emergency situation, as 

defined in Appendix A, any Decision-maker who is required to submit an NOI, as 

required in Part 1.2.2, and is a large entity, as defined in Appendix A, must prepare a 

Pesticide Discharge Management Plan (PDMP) by the time the NOI is filed. The PDMP 

does not contain effluent limitations; the effluent limitations are specified in Parts 2 and 3 

of the permit. The PDMP documents how Decision-makers will implement the effluent 

limitations in Parts 2 and 3 of the permit, including the evaluation and selection of Pest 

Management Measures to meet those effluent limitations in order to minimize discharges. 

In the PDMP, Decision-makers may incorporate by reference any procedures or plans in 

other documents that meet the requirements of this permit. If Decision-makers rely upon 

other documents to comply with the effluent limitations in this permit, such as a preexisting pest management plan, the Decision-maker must attach to the PDMP a copy of 

any portions of any documents that are used to document the implementation of the 

effluent limitations. 

5.1	 Contents of the Pesticide Discharge Management Plan. The PDMP 

must include the following elements: 

a.	 Pesticide Discharge Management Team 

b. Problem Identification 

c.	 Pest Management Options Evaluation 

d. Response Procedures 

1. Spill Response Procedures 

2. Adverse Incident Response Procedures 

e.	 Documentation to support eligibility considerations under other federal laws 

f.	 Signature Requirements. 

5.1.1 PDMP Team. Decision-makers must identify all the persons (by name and contact 

information) that compose the team as well as each person’s individual responsibilities, 

including: 

a.	 Person(s) responsible for managing pests in relation to the pest management area 

b. Person(s) responsible for developing and revising the PDMP; and 

c.	 Person(s) responsible for developing, revising, and implementing corrective actions 

and other effluent limitation requirements; 

5.1.2 Problem Identification. Decision-makers must document the following: 

a.	 Pest problem description. Document a description of the pest problem at the pest 

management area, including identification of the target pest(s), source(s) of the pest 

problem, and source of data used to identify the problem in Parts 2.2.1, 2.2.2, 2.2.3, 

and 2.2.4. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

b. Action Threshold(s). Describe the action threshold(s) for the pest management area, 

including data used in developing the action threshold(s) and method(s) to determine 

when the action threshold(s) has been met. 

c.	 General location map. In the plan, include a general location map (e.g., USGS 

quadrangle map, a portion of a city or county map, or other map) that identifies the 

geographic boundaries of the area to which the plan applies and location of the 

Waters of the United States and 

d. Water quality standards. Document any Tier 3 (Outstanding National Resource 

Waters) and any water(s) identified as impaired by a substance which either is an 

active ingredient or a degradate of such an active ingredient. 

5.1.3 Pest Management Options Evaluation 

Decision-makers must document the evaluation of the pest management options, 

including combination of the pest management options, to control the target pest(s). 

Pest management options include the following: No action, prevention, 

mechanical/physical methods, cultural methods, biological control agents, and 

pesticides. In the evaluation, Decision-makers must consider the impact to water 

quality, impact to non-target organisms, feasibility, cost effectiveness, and any 

relevant previous Pest Management Measures. 

5.1.4 Response Procedures. Decision-makers must document the following procedures in the 

PDMP: 

a.	 Spill Response Procedures – At a minimum, Decision-makers must have: 

1. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, 

and other releases to Waters of the United States. Employees who may cause, 

detect, or respond to a spill or leak must be trained in these procedures and have 

necessary spill response equipment available. If possible, one of these individuals 

should be a member of the PDMP team. 

2. Procedures for notification of appropriate facility personnel, emergency response 

agencies, and regulatory agencies. 

b. Adverse Incident Response Procedures – At a minimum, Decision-makers must have: 

1. Procedures for responding to any adverse incident resulting from pesticide 

applications; 

2. Procedures for notification of the adverse incident, both internal to the Decisionmaker’s agency/organization and external. Contact information for state/federal 

permitting agency, nearest emergency medical facility, and nearest hazardous 

chemical responder must be in locations that are readily accessible and available. 

5.1.5 Documentation to Support Eligibility Considerations under Other Federal Laws 

[reserved] 

5.1.6 Signature Requirements. Decision-makers must sign, date and certify the PDMP in 

accordance with Appendix B, Subsection B.11. 

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5.2	 Pesticide Discharge Management Plan Modifications. Decisionmakers must modify the PDMP whenever necessary to address any of the triggering 

conditions for corrective action in Part 6.1, or when a change in pest control activities 

significantly changes the type or quantity of pollutants discharged. Changes to the 

PDMP must be made before the next pesticide application that results in a discharge, if 

practicable, or if not, no later than 90 days after any change in pesticide application 

activities. The revised PDMP must be signed and dated in accordance with Appendix B, 

Subsection B.11. 

5.3	 Pesticide Discharge Management Plan Availability. Decision-makers 

must retain a copy of the current PDMP, along with all supporting maps and documents, 

at the address provided in Section III.3 of the NOI. The PDMP and all supporting 

documents must be readily available, upon request, and copies of any of these documents 

provided, upon request, to EPA; a State, Tribal, or local agency governing discharges or 

pesticide applications within their respective jurisdictions; and representatives of the 

United States Fish and Wildlife Service (USFWS) or the National Marine Fisheries 

Service (NMFS). EPA may provide copies of the PDMP or other information related to 

this permit that is in its possession to members of the public. Any Confidential Business 

Information (CBI), as defined in 40 CFR Part 2, may be withheld from the public 

provided that a claim of confidentiality is properly asserted and documented in 

accordance with 40 CFR Part 2; however, CBI must be submitted to EPA, if requested, 

and may not be withheld from those staff within EPA, FWS, and NMFS cleared for CBI 

review. 

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6.0 Corrective Action 

All Operators must comply with the provisions of Part 6 for any discharges authorized under this 

permit, with compliance required upon beginning such discharge. 

6.1 Situations Requiring Revision of Pest Management Measures 

Operators must review and, as necessary, revise the evaluation and selection of Pest 

Management Measures consistent with Part 2.1 and 2.2 for the following situations: 

a.	 An unauthorized release or discharge associated with the application of pesticides 

(e.g., spill, leak, or discharge not authorized by this or another NPDES permit) 

occurs. 

b. Operators become aware, or EPA concludes, that Pest Management Measures are not 

adequate/sufficient for the discharge to meet applicable water quality standards. 

c.	 Any monitoring activities indicate failure to meet applicable technology-based 

effluent limitations in Part 2. 

d. An inspection or evaluation of activities by an EPA official, or local, state, or tribal 

entity, reveals that modifications to the Pest Management Measures are necessary to 

meet the effluent limitations in this permit. 

e.	 Any Operator observes or is otherwise made aware of an adverse incident as defined 

in Appendix A. 

6.2 Corrective Action Deadlines 

If an Operator determines that changes to Pest Management Measures are necessary to 

eliminate any situation identified in Part 6.1, such changes must be made before or, if not 

practicable, as soon as possible after the next pesticide application that results in a 

discharge. 

6.3 Effect of Corrective Action 

The occurrence of a situation identified in Part 6.1 may constitute a violation of the 

permit. Correcting any situation identified in Part 6.1 does not absolve Operators of 

liability for any original violation. However, failure to comply with Part 6.2 constitutes 

an additional permit violation. EPA will consider the appropriateness and promptness of 

corrective action in determining enforcement responses to permit violations. 

EPA may impose additional requirements and schedules of compliance, including 

requirements to submit additional information concerning the condition(s) triggering 

corrective action or schedules and requirements more stringent than specified in this 

permit. Those requirements and schedules will supersede those of Part 6.1 and 6.2 if 

such requirements conflict. 

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6.4 Adverse Incident Documentation and Reporting 

6.4.1 Twenty-Four (24)-Hour Adverse Incident Notification 

6.4.1.1 A dver se I ncident Notification R equir ed 

Except as provided for in Part 6.4.4, if an Operator observes or is otherwise made aware 

of an adverse incident, as defined in Appendix A, which may have resulted from a 

discharge from a pesticide application, the Operator must immediately notify the 

appropriate EPA Incident Reporting Contact, as identified at 

www.epa.gov/npdes/pesticides. This notification must be made by telephone within 24 

hours of the Operator becoming aware of the adverse incident and must include at least 

the following information: 

a.	 The caller’s name and telephone number; 

b. Operator name and mailing address; 

c.	 If covered under an NOI, the NOI NPDES permit tracking number assigned by EPA; 

d. The name and telephone number of a contact person, if different than the person 

providing the 24-hour notice; 

e.	 How and when the Operator became aware of the adverse incident; 

f.	 Description of the location of the adverse incident; 

g.	 Description of the adverse incident identified and the pesticide product, including 

EPA pesticide registration number, for each product applied in the area of the adverse 

incident; 

h. Description of any steps the Operator has taken or will take to correct, repair, remedy, 

clean up, or otherwise address any adverse effects; and 

i.	 If known, the identity of any other Operators authorized for coverage under this 

permit for discharges from the pesticide application activities that resulted in the 

adverse incident. 

If an Operator is unable to notify EPA within 24 hours, the Operator must do so as soon 

as possible and also provide an appropriate rationale for why the Operator was unable to 

provide such notification within 24 hours. 

The adverse incident notification and reporting requirements are in addition to what the 

registrant is required to submit under FIFRA section 6(a)(2) and its implementing 

regulations at 40 CFR Part 159. 

6.4.1.2 A dver se I ncident Notification Not R equir ed 

Reporting of adverse incidents is not required under this permit in the following 

situations: 

a.	 An Operator is aware of facts that indicate that the adverse incident was not related to 

toxic effects or exposure from the pesticide application; 

b.	 An Operator has been notified by EPA, and retains such notification, that the 

reporting requirement has been waived for this incident or category of incidents; 

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c.	 An Operator receives information of an adverse incident, but that information is 

clearly erroneous; or 

d.	 An adverse incident occurs to pests that are similar in kind to potential target pests 

identified on the FIFRA label. 

6.4.2 Thirty (30)-Day Adverse Incident Written Report 

Except as provided for in Part 6.4.4, within 30 days of a reportable adverse incident 

pursuant to Part 6.4.1, Operators must provide a written report of the adverse incident to 

the appropriate EPA Regional office at the address listed in Part 8 and to the state lead 

agency for pesticide regulation (see http://npic.orst.edu/state1.htm). The adverse incident 

report must include at least the following information: 

a.	 Information required to be provided in Part 6.4.1; 

b. Date and time the Operator contacted EPA notifying the Agency of the adverse 

incident, who the Operator spoke with at EPA, and any instructions received from 

EPA; 

c.	 Location of incident, including the names of any waters affected and appearance of 

those waters (sheen, color, clarity, etc); 

d. A description of the circumstances of the adverse incident including species affected, 

estimated number of individual and approximate size of dead or distressed organisms; 

e.	 Magnitude and scope of the affected area (e.g., aquatic square area or total stream 

distance affected); 

f.	 Pesticide application rate; intended use site (e.g., on the bank, above waters, or 

directly to water); method of application; and the name of pesticide product and EPA 

registration number; 

g.	 Description of the habitat and the circumstances under which the adverse incident 

occurred (including any available ambient water data for pesticides applied); 

h. If laboratory tests were performed, an indication of which test(s) were performed, and 

when; additionally, a summary of the test results must be provided within 5 days after 

they become available if not available at the time of submission of the 30-day report; 

i. Description of actions to be taken to prevent recurrence of adverse incidents; and 

j. Signature, date, and certification in accordance with Appendix B, Subsection B.11. 

6.4.3 Adverse Incident to Threatened or Endangered Species or Critical Habitat 

Notwithstanding any of the other adverse incident notification requirements of this 

section, if an Operator becomes aware of an adverse incident affecting a federally listed 

threatened or endangered species or its federally designated critical habitat which may 

have resulted from a discharge from the Operator’s pesticide application, the Operator 

must immediately notify the National Marine Fisheries Service (NMFS) in the case of an 

anadromous or marine species, or the United States Fish and Wildlife Service (FWS) in 

the case of a terrestrial or freshwater species. This notification must be made by 

telephone, to the contacts listed on EPA’s website at www.epa.gov/npdes/pesticides, 

immediately upon the Operator becoming aware of the adverse incident, and must 

include at least the following information: 

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a.	 The caller’s name and telephone number; 

b.	 Operator name and mailing address; 

c.	 The name of the affected species; 

d.	 How and when the Operator became aware of the adverse incident; 

e.	 Description of the location of the adverse incident; 

f.	 Description of the adverse incident and the pesticide product, including the EPA 

pesticide registration number, for each product applied in the area of the adverse 

incident; and 

g.	 Description of any steps the Operator has taken or will take to alleviate the adverse 

impact to the species. 

Additional information on federally-listed threatened or endangered species and 

federally-designated critical habitat is available from NMFS (www.nmfs.noaa.gov) for 

anadromous or marine species or FWS (www.fws.gov) for terrestrial or freshwater 

species. 

6.4.4	 Notification and Reporting for Adverse Incidents Involving Multiple 

Operators 

Where multiple Operators are authorized for a discharge that results in an adverse 

incident, notification and reporting by any one of the Operators constitutes compliance 

for all of the Operators, provided a copy of the written report required in Part 6.4.2 is also 

provided to all of the other authorized Operators within 30 days of the reportable adverse 

incident. 

6.5	 Reportable Spills and Leaks 

6.5.1	 Spill, Leak, or Other Unpermitted Discharge Notification 

Where a leak, spill, or other release into Waters of the United States containing a 

hazardous substance or oil in an amount equal to or in excess of a reportable quantity 

established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs in 

any 24-hour period, an Operator must notify the National Response Center immediately 

at (800) 424-8802 or, in the Washington, DC, metropolitan area, call (202) 267-2675 in 

accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 

302 as soon as the Operator has knowledge of the release. Contact information must be 

in locations that are readily accessible and available in the area where the spill, leak, or 

other unpermitted discharge may occur. 

State or local requirements may necessitate also reporting spills or leaks to local 

emergency response, public health, or drinking water supply agencies. 

6.5.2	 Thirty-Day Spill, Leak, or Other Unpermitted Discharge Documentation 

If an Operator becomes aware of a spill, leak, or other unpermitted discharge which 

triggers the notification in Part 6.5.1 and results in an adverse incident, then the Operator 

must report the incident per the guidelines in Part 6.4.1 and 6.4.2. If the spill, leak, or 

other unpermitted discharge triggers the notification in Part 6.5.1, but does not result in 

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an adverse incident, then the Operator must document and retain the following 

information within 30 days of becoming aware of the situation: 

a.	 Information required to be provided in Part 6.5.1; 

b. Summary of corrective action taken or to be taken including date initiated and date 

completed or expected to be completed; and 

c.	 Any measures to prevent recurrence of such a spill or leak or other discharge, 

including notice of whether PDMP modifications are required as a result of the spill 

or leak. 

6.6 Other Corrective Action Documentation 

For situations identified in Part 6.1, other than for adverse incidents (addressed in Part 

6.4), or reportable spills or leaks (addressed in Part 6.5), Operators must document the 

situation triggering corrective action and planned corrective action within 30 days of 

becoming aware of that situation, and retain a copy of this documentation. This 

documentation must include the following information: 

a.	 Identification of the condition triggering the need for corrective action review, 

including any ambient water quality monitoring that assisted in determining that 

discharges did not meet water quality standards; 

b. Brief description of the situation; 

c.	 Date the problem was identified; 

d. Brief description of how the problem was identified, how the Operator learned of the 

situation, and date the Operator learned of the situation; 

e.	 Summary of corrective action taken or to be taken, including date initiated and date 

completed or expected to be completed; and 

f.	 Any measures to prevent reoccurrence of such an incident, including notice of 

whether PDMP modifications are required as a result of the incident. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

7.0 Recordkeeping and Annual Reporting 

The recordkeeping and annual reporting requirements vary depending on the type of 

Operator and whether a Decision-maker is a small or large entity. Table 7-1 references 

applicable requirements for the range of Operators covered under this permit. 

Table 7-1: Applicable Recordkeeping and Annual Reporting Requirements for Different 

Types of Operators. 

PGP Part Applicable Type of Operator 

7.1 All Operators 

7.2 All Operators who are For-Hire Applicators, as defined in Appendix A 

7.3 Any Decision-maker required to submit an NOI and who is a small entity1 

7.4 Any Decision-maker required to submit an NOI and who is a large entity

2 

7.5 All Operators 

7.6 Any Decision-maker required to submit an NOI and who is a large entity

2 

1

Small Entity – As defined in Appendix A, is any (1) public entity that serves a population of 10,000 or less or (2) 

private enterprise that does not exceed the Small Business Administration size standard as identified at: 

www.sba.gov/contractingopportunities/officials/size/table/index.html. 2

Large Entity - As defined in Appendix A, is any (1) public entity that serves a population greater than 10,000 or (2) 

private enterprise that exceeds the Small Business Administration size standard as identified at: 

www.sba.gov/contractingopportunities/officials/size/table/index.html. 

Operators must keep written records as required in this permit for all discharges covered 

under this permit. These records must be accurate and complete to demonstrate the 

Operator’s compliance with the conditions of this permit. Operators may rely on records 

and documents developed for other obligations, such as requirements under FIFRA, and 

state or local pesticide programs, provided that all requirements of this permit are 

satisfied. 

EPA recommends that all decision-makers, who are or may be required to submit an NOI 

based on their annual treatment area, keep records of acres or linear miles treated for all 

applicable use patterns covered under this general permit. The records should be kept upto-date to help Decision-makers determine if the annual treatment area threshold, as 

identified in Part 1.2.2, is met during any calendar year. 

7.1	 Recordkeeping For All Operators - All Operators must keep the following 

records: 

a.	 A copy of any Adverse Incident Reports (See Part 6.4.2); 

b. Rationale for any determination that reporting of an identified adverse incident is not 

required, consistent with allowances identified in Part 6.4.1.2; 

c.	 A copy of any corrective action documentation (See Part 6.6); and, 

d. A copy of any spill and leak or other unpermitted discharge documentation (See Part. 

6.5.2) 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

7.2	 Recordkeeping for All Operators who are For-Hire Applicators – Any Operator who is a For-Hire Applicator, as defined in Appendix A, must retain the 

following records: 

a.	 Documentation of equipment calibration; and 

b. Information on each treatment area to which pesticides are discharged, including: 

1. Description of each treatment area, including location and size (acres or linear 

feet) of treatment area and identification of any waters, either by name or by 

location, to which pesticide(s) are discharged; 

2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, weed and algae, 

animal pest, or forest canopy); 

3. Target pest(s); 

4. Name of each pesticide product used including the EPA registration number; 

5. Quantity of each pesticide product applied to each treatment area; 

6. Pesticide application date(s); and 

7. Whether or not visual monitoring was conducted during pesticide application 

and/or post-application and if not, why not and whether monitoring identified any 

possible or observable adverse incidents caused by application of pesticides. 

7.3	 Recordkeeping for Any Decision-maker Required to Submit an 

NOI and Who is a Small Entity – Any Decision-maker required to submit an 

NOI that is defined as a small entity, must retain the following records at the address 

provided on the NOI: 

a.	 Copy of the NOI submitted to EPA, any correspondence exchanged between the 

Decision-maker and EPA specific to coverage under this permit, and a copy of the 

EPA acknowledgment letter with the assigned permit tracking number; 

b. Documentation of equipment calibration (only if Decision-maker is also the 

Applicator); 

c.	 Information on each treatment area to which pesticides are discharged, including: 

1. Description of treatment area, including location and size (acres or linear feet) of 

treatment area and identification of any Waters of the United States, either by 

name or by location, to which pesticide(s) are discharged; 

2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, weed and algae, 

animal pest, or forest canopy); 

3. Target pest(s) and explanation of need for pest control; 

4. Description of pest management measure(s) implemented prior to the first 

pesticide application; 

5. Company name and contact information for pesticide applicator; 

6. Name of each pesticide product used including the EPA registration number; 

7. Quantity of each pesticide product applied to each treatment area; 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

8. Pesticide Application Start Date; 

9. Pesticide Application End Date; and 

10. Whether or not visual monitoring was conducted during pesticide application 

and/or post-application and if not, why not and whether monitoring identified any 

possible or observable adverse incidents caused by application of pesticides. 

A worksheet for documenting this information on each treatment area is provided in 

Appendix F, Pesticide Discharge Evaluation Worksheet. 

7.4	 Recordkeeping for Any Decision-maker Required to Submit an 

NOI and Who is a Large Entity – Any Decision-maker required to submit an 

NOI that is defined as a large entity must retain the following records at the address 

provided on the NOI: 

a.	 Copy of the NOI submitted to EPA, any correspondence exchanged between the 

Decision-maker and EPA specific to coverage under this permit, and a copy of the 

EPA acknowledgment letter with the assigned permit tracking number; 

b. A copy of the PDMP, including any modifications made to the PDMP during the term 

of this permit; 

c.	 Copy of annual reports submitted to EPA; 

d. Documentation of equipment calibration (only if Decision-maker is also the 

Applicator); 

e.	 Information on each treatment area to which pesticides are discharged, including: 

1. Description of each treatment area, including location and size (acres or linear 

feet) of treatment area and identification of any Waters of the United States, either 

by name or by location, to which pesticide(s) are discharged; 

2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, weed and algae, 

animal pest, or forest canopy); 

3. Target pest(s) and explanation of need for pest control; 

4. Action Thresholds; 

5. Method and/or data used to determine that action threshold(s) has been met; 

6. Description of pest management measure(s) implemented prior to the first 

pesticide application; 

7. Company name and contact information for pesticide applicator; 

8. Name of each pesticide product used including the EPA registration number; 

9. Quantity of each pesticide product applied to each treatment area; 

10. Pesticide application date(s); and 

11. Whether or not visual monitoring was conducted during pesticide application 

and/or post-application and if not, why not and whether monitoring identified any 

possible or observable adverse incidents caused by application of pesticides. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

7.5	 Additional Recordkeeping Requirements for All Operators – All 

required records must be documented as soon as possible but no later than 14 days 

following completion of each pesticide application. Operators must retain any records 

required under this permit for at least 3 years from the date that the Operator’s coverage 

under this permit expires or is terminated. Operators must make available to EPA, 

including an authorized representative of EPA, all records kept under this permit upon 

request and provide copies of such records, upon request. 

7.6	 Annual Reporting for Any Decision-maker Required to Submit an 

NOI and Who is a Large Entity – Decision-makers who are required to submit 

an NOI and are defined as a large entity in Appendix A, must submit an annual report to 

EPA. Once a Decision-maker meets the obligation to submit an annual report, the 

Decision-maker must submit the annual report each calendar year thereafter for the 

duration of coverage under this general permit, whether or not the Decision-maker has 

discharges from the application of pesticides in any subsequent calendar year. Decisionmakers must submit the annual report electronically through EPA’s notice processing 

system (eNOI), available at www.epa.gov/npdes/pesticides, unless eNOI is otherwise 

unavailable or the Decision-maker meets the waiver requirements for submitting a paper 

annual report. Decision-makers waived from the requirement to use eNOI for annual 

report submission must certify on the paper annual report submitted to EPA the rationale 

for eligibility to use the waiver. The annual report must be submitted to EPA 

Headquarters (either through eNOI or if eNOI is otherwise unavailable or the Decisionmaker meets the eNOI waiver requirement, to the EPA Headquarters address identified in 

Part 8.1) no later than February 15 of the following year for all pesticide activities 

covered under this permit occurring during the previous calendar year. Annual reporting 

requirements begin with those discharges occurring during calendar year 2012. 

Decision-makers who are required to submit an NOI based on an annual treatment area 

threshold must include information for the calendar year, with the first annual report 

required to include activities for the portion of the calendar year after the point at which 

Decision-makers exceeded the annual treatment area threshold. If the Decision-maker 

first exceeds an annual treatment area threshold after December 1, an annual report is not 

required for that first partial year but an annual report is required thereafter, with the first 

annual report submitted also including information from the first partial year. 

When Decision-makers terminate permit coverage, as specified in Part 1.2.5, an annual 

report must be submitted for the portion of the year up through the date of termination. 

The annual report is due no later than February 15 of the next year. 

The annual report must contain the following information: 

a. Decision-maker’s name and contact information; 

b. NPDES permit tracking number(s); 

c. Contact person name, title, e-mail address (if any), and phone number; and 

d. For each treatment area, report the following information: 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1. Description of treatment area, including location and size (acres or linear feet) of 

treatment area and identification of any Waters of the United States, either by 

name or by location, to which pesticide(s) are discharged; 

2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, weed and algae, 

animal pest, or forest canopy) and target pest(s); 

3. Company name(s) and contact information for pesticide applicator(s), if different 

from the Decision-maker; 

4. Total amount of each pesticide product applied for the reporting year by the EPA 

registration number(s) and by application method (e.g., aerially by fixed-wing or 

rotary aircraft, broadcast spray, etc.); 

5. Whether this pest control activity was addressed in the PDMP prior to pesticide 

application; 

6. If applicable, an annual report of any adverse incidents as a result of these 

treatment(s), for incidents, as described in Part 6.4.1; and 

7. If applicable, description of any corrective action(s), including spill responses, 

resulting from pesticide application activities and the rationale for such action(s). 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

8.0 EPA Contact Information and Mailing Addresses 

Decision-makers must submit any Notice of Intent, Notice of Termination, and annual 

report, as appropriate, using EPA’s electronic eNOI system (www.epa.gov/npdes/eNOI) 

unless eNOI is otherwise unavailable or EPA waives the electronic submission 

requirement for an Operator consistent with the requirements identified on the Notice of 

Intent form in Appendix D, the Notice of Termination form in Appendix E, or the annual 

report form in Appendix G. If eNOI is unavailable or the Decision-maker is otherwise 

waived from electronic submission, Operators must submit these notices to EPA 

Headquarters at the address specified in Part 8.1. 

Within 30 days of becoming aware of an adverse incident, Operators must send all 

incident reports under Part 6.4 to the appropriate EPA Regional offices (see Part 8.2) for 

the jurisdiction within which the incident occurred and to the appropriate state or tribal 

lead agency for pesticide regulation in that jurisdiction (see 

http://npic.orst.edu/state1.htm). 

All other written correspondence concerning discharges in any state, Indian Country land, 

or from any federal facility covered under this permit and directed to the EPA, including 

individual permit applications, must be sent to the address of the appropriate EPA 

Regional Office listed below in Part 8.2. 

Note: If EPA notifies Operators (either directly, by public notice, or by making 

information available on the Internet) of other reporting options that become available at 

a later date (e.g., electronic submission), Operators may take advantage of those options, 

in accordance with the instructions provided by EPA, to satisfy the reporting 

requirements of this permit. 

8.1 EPA Headquarters Addresses 

Via United States Mail: 

United States Environmental Protection Agency
 

Office of Water, Water Permits Division
 

Mail Code 4203M, ATTN: NPDES Pesticides
 

1200 Pennsylvania Avenue, NW
 

Washington, DC 20460 

Via overnight/express delivery: 

United States Environmental Protection Agency
 

Office of Water, Water Permits Division
 

Room 7420, ATTN: NPDES Pesticides
 

1201 Constitution Avenue, NW
 

Washington, DC 20004 

Phone: 202-564-9545 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

8.2 EPA Regional Addresses 

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

Maine 

United States EPA Region 1
 

Office of Ecosystem Protection
 

5 Post Office Square, Suite 100 

Mail code OEP 06-1
 

Boston, MA 02109-3912
 

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

For Puerto Rico and the Virgin Islands:
 

United States EPA Region 2
 

Caribbean Environmental Protection Division
 

Environmental Management Branch
 

Centro Europa Building 

1492 Ponce de Leon Avenue, Suite 417 

San Juan, PR 00907-4127 

For New Jersey and New York:
 

United States EPA Region 2
 

Division of Environmental Planning and Protection 

290 Broadway
 

New York, NY 10007-1866 

Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West 

Virginia 

United States EPA Region 3
 

Water Protection Division (3WP40)
 

1650 Arch Street
 

Philadelphia, PA 19103 

Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South 

Carolina, and Tennessee 

United States EPA Region 4
 

Water Management Division
 

Atlanta Federal Center
 

61 Forsyth Street SW
 

Atlanta, GA 30303
 

Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin 

United States EPA Region 5
 

Water Division
 

NPDES Programs Branch
 

77 W. Jackson Boulevard 

Mail Code WN16J
 

Chicago, IL 60604
 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region 

9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands) 

United States EPA Region 6
 

NPDES Pesticides Permitting
 

P.O. Box 50625 

Dallas, TX 75205
 

Region 7: Iowa, Kansas, Missouri, and Nebraska 

United States EPA, Region 7 

901 N. 5th Street
 

Kansas City, KS 66101
 

Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except 

see Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute 

Mountain Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska 

United States EPA Region 8
 

8P-W-WW
 

1595 Wynkoop Street
 

Denver, CO 80202-1129
 

Region 9: Arizona; California; Hawaii; Nevada; Guam; American Samoa; the 

Commonwealth of the Northern Mariana Islands; the Goshute Reservation in Utah 

and Nevada; the Navajo Reservation in Utah, New Mexico, and Arizona; the Duck 

Valley Reservation in Idaho; and Fort McDermitt Reservation in Oregon 

United States EPA Region 9
 

Water Management Division, WTR-5
 

75 Hawthorne Street
 

San Francisco, CA 94105 

Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt
 

Reservation), and Washington
 

United States EPA Region 10
 

Office of Water and Watersheds OWW-130 

1200 6th Avenue, Suite 900 

Seattle, WA 98101 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

9.0 Permit Conditions Applicable to Specific States 

(including Territories) and Indian Country Lands 

The provisions of this Part provide modifications or additions to the applicable conditions 

of this permit to reflect specific additional conditions required as part of the state or tribal 

CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) 

certification process, or as otherwise established by the permitting authority. The specific 

additional revisions and requirements only apply to activities in those specific states, 

Indian country, and federal facilities. States, Indian country and federal facilities not 

included in this Part do not have any modifications or additions to the applicable 

conditions of this permit. 

[Reserved. Additional conditions to be included in final permit] 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Appendix A.
 

Definitions, Abbreviations, and Acronyms
 

A.1. Definitions 

Action Threshold – the point at which pest populations or environmental conditions cannot be 

tolerated necessitating that pest control action be taken based on economic, human health, 

aesthetic, or other effects. An action threshold may be based on current and/or past 

environmental factors that are or have been demonstrated to be conducive to pest emergence 

and/or growth, as well as past and/or current pest presence. Action thresholds are those 

conditions that indicate both the need for control actions and the proper timing of such actions. 

Active Ingredient – any substance (or group of structurally similar substances if specified by the 

Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant 

regulator, desiccant, or defoliant within the meaning of FIFRA sec. 2(a). [40 CFR 152.3] 

Active ingredient also means a pesticidal substance that is intended to be produced and used in a 

living plant, or in the produce thereof, and the genetic material necessary for the production of 

such a pesticidal substance. [40 CFR 174.3] 

Adverse Incident – means an unusual or unexpected incident that an Operator has observed 

upon inspection or of which the Operator otherwise become aware, in which: 

(1) There is evidence that a person or non-target organism has likely been exposed to a
 

pesticide residue, and
 

(2) The person or non-target organism suffered a toxic or adverse effect . 

The phrase toxic or adverse effectsincludes effects that occur within Waters of the United States 

on non-target plants, fish or wildlife that are unusual or unexpected (e.g., effects are to organisms 

not otherwise described on the pesticide product label or otherwise not expected to be present) as 

a result of exposure to a pesticide residue, and may include: 

•	 Distressed or dead juvenile and small fishes

•	 Washed up or floating fish 

•	 Fish swimming abnormally or erratically 

•	 Fish lying lethargically at water surface or in shallow water 

•	 Fish that are listless or nonresponsive to disturbance 

•	 Stunting, wilting, or desiccation of non-target submerged or emergent aquatic 

plants 

•	 Other dead or visibly distressed non-target aquatic organisms (amphibians, turtles, 

invertebrates, etc.) 

The phrase, toxic or adverse effects, also includes any adverse effects to humans (e.g., skin 

rashes) or domesticated animals that occur either from direct contact with or as a secondary 

effect from a discharge (e.g., sickness from consumption of plants or animals containing 

pesticides) to Waters of the United States that are temporally and spatially related to exposure to 

a pesticide residue (e.g., vomiting, lethargy). 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Annual Treatment Area Threshold – an area (in acres) or linear distance (in miles) in a 

calendar year to which a Decision-maker is authorizing and/or performing pesticide applications 

in that area for activities covered under this permit. 

For calculating annual treatment areas for Mosquitoes and Other Flying Insect Pest Control and 

Forest Canopy Pest for comparing with any threshold in Table 1-1, count each pesticide 

application activity to a treatment area (i.e., that area where a pesticide application is intended to 

provide pesticidal benefits within the pest management area) as a separate area treated. For 

example, applying pesticides three times a year to the same 3,000 acre site should be counted as 

9,000 acres of treatment area for purposes of determining if such an application exceeds an 

annual treatment area threshold. The treatment area for these two pesticide use patterns is 

additive over the calendar year. 

For calculating annual treatment areas for Weed and Algae Control and Animal Pest Control for 

comparing with any threshold in Table 1-1, calculations should include either the linear extent of 

or the surface area of waters for applications made to Waters of the United States or at water’s 

edge adjacent to Waters of the United States. For calculating the annual treatment area, count 

each treatment area only once, regardless of the number of pesticide application activities 

performed on that area in a given year. Also, for linear features (e.g., a canal or ditch), use the 

length of the linear feature whether treating in or adjacent to the feature, regardless of the 

number of applications made to that feature during the calendar year. For example, whether 

treating the bank on one side of a ten-mile long ditch, banks on both sides of the ditch, and/or 

water in that ditch, the total treatment area is ten miles for purposes of determining if an NOI is 

required to be submitted. Additionally, if the same 10 miles area is treated more than once in a 

calendar year, the total area treated is still 10 miles for purposes of comparing with any threshold 

in Table 1-1. The treatment area for these two pesticide use patterns is not additive over the 

calendar year. 

Applicator – any entity who performs the application of a pesticide or who has day-to-day 

control of the application (i.e., they are authorized to direct workers to carry out those activities) 

that results in a discharge to Waters of the United States. 

Biological Control Agents – these agents are organisms that can be introduced to Operator sites, 

such as herbivores, predators, parasites, and hyperparasites. [Source: US FWS IPM Guidance, 

2004] 

Biological Pesticides (also called biopesticides) – include microbial pesticides, biochemical 

pesticides and plant-incorporated protectants (PIP). Microbial pesticide means a microbial agent 

intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a 

plant regulator, defoliant, or dessicant, that (1) is a eucaryotic microorganism including, but not 

limited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not 

limited to, Eubacteria and Archaebacteria; or (3) is a parasitically replicating microscopic 

element, including but not limited to, viruses. [40 CFR 158.2100(b)] Biochemical pesticide 

mean a pesticide that (1) is a naturally-occurring substance or structurally-similar and 

functionally identical to a naturally-occurring substance; (2) has a history of exposure to humans 

and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived 

biochemical pesticides, is equivalent to a naturally-occurring substance that has such a history; 

and (3) Has a non-toxic mode of action to the target pest(s). [40 CFR 158.2000(a)(1)] Plantincorporated protectant means a pesticidal substance that is intended to be produced and used in 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

a living plant, or in the produce thereof, and the genetic material necessary for production of 

such a pesticidal substance. It also includes any inert ingredient contained in the plant, or 

produce thereof. [40 CFR 174.3] 

Chemical Pesticides – all pesticides not otherwise classified as biological pesticides. 

Cultural Methods – manipulation of the habitat to increase pest mortality by making the habitat 

less suitable to the pest. 

Decision-maker – any entity with control over the decision to perform pesticide applications 

including the ability to modify those decisions that result in a discharge to Waters of the United 

States. 

Declared Pest Emergency Situation – an event defined by a public declaration by a federal 

agency, state, or local government of a pest problem determined to require control through 

application of a pesticide beginning less than ten days after identification of the need for pest 

control. This public declaration may be based on: 

(1) Significant risk to human health; 

(2) Significant economic loss; or 

(3) Significant risk to: 

(i) Endangered species, 

(ii) Threatened species, 

(iii) Beneficial organisms, or 

(iv) The environment. 

[40 CFR 166] 

Director – a Regional Administrator of the Environmental Protection Agency or an authorized 

representative. [Excerpted from 40 CFR 122.2] 

Discharge – when used without qualification, means the "discharge of a pollutant.” [40 CFR 

122.2] 

Discharge of a pollutant – any addition of any “pollutant” or combination of pollutants to 

“Waters of the United States” from any “point source,” or any addition of any pollutant or 

combination of pollutants to the water of the “contiguous zone” or the ocean from any point 

source other than a vessel or other floating craft that is being used as a means of transportation. 

This includes additions of pollutants into Waters of the United States from: surface runoff that is 

collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading 

into privately owned treatment works. [Excerpted from 40 CFR 122.2] 

EPA Approved or Established Total Maximum Daily Loads (TMDLs) – “EPA Approved 

TMDLs” are those that are developed by a State and approved by EPA. “EPA Established 

TMDLs” are those that are issued by EPA. 

Facility or Activity – any NPDES “point source” (including land or appurtenances thereto) that 

is subject to regulation under the NPDES program. [40 CFR 122.2] 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Federal Facility – any buildings, installations, structures, land, public works, equipment, 

aircraft, vessels, and other vehicles and property, owned, operated, or leased by, or constructed 

or manufactured for the purpose of leasing to, the federal government. 

For-Hire Applicator – includes persons who make contractual pesticide applications for which 

they or their employer receives compensation (e.g., lawn care firms, pest control companies). 

Impaired Water (or “Water Quality Impaired Water” or “Water Quality Limited Segment”) – a 

water is impaired for purposes of this permit if it has been identified by a State, Tribe or EPA 

pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State or Tribal 

water quality standards (these waters are called “water quality limited segments” under 40 CFR 

130.2(j)). Impaired waters include both waters with approved or established TMDLs, and those 

for which a TMDL has not yet been approved or established. 

Indian Country – (a) all land within the limits of any Indian reservation under the jurisdiction of 

the United States Government, notwithstanding the issuance of any patent, and including rightsof-way running through the reservation; (b) all dependent Indian communities within the borders 

of the United States, whether within the original or subsequently acquired territory thereof, and 

whether within or without the limits of a State, and (c) all Indian allotments, the Indian titles to 

which have not been extinguished, including rights-of-way running through the same. This 

definition includes all land held in trust for an Indian tribe. [18 U.S.C. 1151; 40 CFR 122.2] 

Inert Ingredient – any substance (or group of structurally similar substances if designated by 

the Agency), other than an active ingredient, that is intentionally included in a pesticide product,. 

[40 CFR 152.3] Inert ingredient also means any substance, such as a selectable marker, other 

than the active ingredient, where the substance is used to confirm or ensure the presence of the 

active ingredient, and includes the genetic material necessary for the production of the substance, 

provided that genetic material is intentionally introduced into a living plant in addition to the 

active ingredient. [40 CFR 174.3] 

Large Entity - any (1) public entity that serves a population greater than 10,000 or (2) private 

enterprise that exceeds the Small Business Administration size standard as identified at 13 CFR 

121.201. 

Mechanical/Physical Methods - mechanical tools or physical alterations of the environment, for 

pest prevention or removal. 

Minimize – to reduce and/or eliminate pesticide discharges to waters of the United States 

through the use of Pest Management Measures to the extent technologically available and 

economically practicable and achievable. 

Non-target Organisms – includes the plant and animal hosts of the target species, the natural 

enemies of the target species living in the community, and other plants and animals, including 

vertebrates, living in or near the community that are not the target of the pesticide. 

Operator – for the purpose of this permit, means any entity associated with the application of 

pesticides which results in a discharge to Waters of the United States that meets either of the 

following two criteria: 

(i) any entity who performs the application of a pesticide or who has day-to-day control of 

the application (i.e., they are authorized to direct workers to carry out those activities); or 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

(ii) any entity with control over the decision to perform pesticide applications including the 

ability to modify those decisions. 

Person – an individual, association, partnership, corporation, municipality, State or Federal 

agency, or an agent or employee thereof. 

Pest – Consistent with 40 CFR 152.5, any organism under circumstances that make it deleterious 

to man or the environment, if it is: 

(a) Any vertebrate animal other than man; 

(b) Any invertebrate animal, including but not limited to, any insect, other arthropod, 

nematode, or mollusk such as a slug and snail, but excluding any internal parasite of living 

man or other living animals; 

(c) Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of 

any higher order, and any plant part such as a root; or 

(d) Any fungus, bacterium, virus, or other microorganism, except for those on or in living man 

or other living animals and those on or in processed food or processed animal feed, 

beverages, drugs (as defined in FFDCA sec. 201(g)(1)) and cosmetics (as defined in 

FFDCA sec. 201(i)). 

Pest Management Area – The area of land, including any water, for which an Operator has 

responsibility for and is authorized to conduct pest management activities as covered by this 

permit (e.g., for an Operator who is a mosquito control district, the pest management area is the 

total area of the district). 

Pest Management Measure – any practice used to meet the effluent limitations that comply 

with manufacturer specifications, industry standards and recommended industry practices related 

to the application of pesticides, relevant legal requirements and other provisions that a prudent 

Operator would implement to reduce and/or eliminate pesticide discharges to waters of the 

United States. 

Pesticide – means (1) any substance or mixture of substances intended for preventing, 

destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended 

for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the 

term ‘‘pesticide’’ shall not include any article that is a “new animal drug” within the meaning of 

section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been 

determined by the Secretary of Health and Human Services not to be a new animal drug by a 

regulation establishing conditions of use for the article, or that is an animal feed within the 

meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or containing a new animal 

drug. The term “pesticide” does not include liquid chemical sterilant products (including any 

sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical 

device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). 

For purposes of the preceding sentence, the term “critical device” includes any device that 

introduced directly into the human body, either into or in contact with the bloodstream or 

normally sterile areas of the body and the term ‘‘semi-critical device’’ includes any device that 

contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or 

otherwise enter normally sterile areas of the body [FIFRA Section 2(u)]. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

The term “pesticide” applies to insecticides, herbicides, fungicides, rodenticides, and various 

other substances used to control pests. The definition encompasses all uses of pesticides 

authorized under FIFRA including uses authorized under sections 3 (registration), 5 

(experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), 

and 25(b) (exemptions from FIFRA). 

Note: drugs used to control diseases of humans or animals (such as livestock, fishstock and pets) 

are not considered pesticides; such drugs are regulated by the Food and Drug Administration. 

Fertilizers, nutrients, and other substances used to promote plant survival and health are not 

considered plant growth regulators and thus are not pesticides. Biological control agents, except 

for certain microorganisms, are exempted from regulation under FIFRA. (Biological control 

agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic 

wasps, fish, etc). 

This permit uses the term “pesticide” when referring to the “pesticide, as applied.” When 

referring to the chemical in the pesticide product with pesticidal qualities, the permit uses the 

term “active ingredient.” 

Pesticide Product – a pesticide in the particular form (including composition, packaging, and 

labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any 

physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide. 

Pesticide Research and Development – Activities undertaken on a systematic basis to gain new 

knowledge (research) and/or the application of research findings or other scientific knowledge 

for the creation of new or significantly improved products or processes (experimental 

development). 

Pesticide Residue – includes that portion of a pesticide application that is discharged from a 

point source to Waters of the US and no longer provides pesticidal benefits. It also includes any 

degradates of the pesticide. 

Point source – any discernible, confined, and discrete conveyance, including but not limited to 

any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, 

concentrated animal feeding operation, landfill leachate collection system, vessel, or other 

floating craft from which pollutants are or may be discharged. This term does not include return 

flows from irrigated agriculture or agricultural stormwater runoff. [40 CFR 122.2] 

Pollutant – dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, 

sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded 

equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged 

into water. For purposes of this definition, a “biological pesticide” is considered a “biological 

material,” and any “pesticide residue” resulting from use of a “chemical pesticide” is considered 

a “chemical waste.” [Excerpted from 40 CFR 122.2] 

Small Entity - any (1) public entity that serves a population of 10,000 or less or (2) private 

enterprise that does not exceed the Small Business Administration size standard as identified at 

13 CFR 121.201. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

State - means any of the 50 States, the District of Columbia, Guam, the Commonwealth of 

Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana 

Islands, the Trust Territory of the Pacific Islands. 

Target Pest – the organism(s) toward which pest management measures are being directed. 

Tier 3 Waters – for antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters 

are identified by States or Tribes as having high quality waters constituting an Outstanding 

National Resource Water (ONRW), which may include waters of National Parks and State Parks, 

wildlife refuges, and waters of exceptional recreational or ecological significance. 

Total Maximum Daily Loads (TMDLs) – a TMDL is a calculation of the maximum amount of 

a pollutant that a water body can receive and still meet water quality standards, and an allocation 

of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for 

point source discharges; load allocations (LAs) for nonpoint sources and/or natural background, 

and must include a margin of safety (MOS) and account for seasonal variations. [See section 

303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7] 

Treatment Area – the entire area, whether over land or water, where a pesticide application is 

intended to provide pesticidal benefits within the pest management area. In some instances, the 

treatment area will be larger than the area where pesticides are actually applied. For example, 

the treatment area for a stationary drip treatment into a canal includes the entire width and length 

of the canal over which the pesticide is intended to control weeds. Similarly, the treatment area 

for a lake or marine area is the water surface area where the application is intended to provide 

pesticidal benefits. 

Waters of the United States – EPA regulations at 40 CFR 122.2 define Waters of the United 

States as follows: 

(a) All waters which are currently used, were used in the past, or may be susceptible to use in 

interstate or foreign commerce, including all waters which are subject to the ebb and flow 

of the tide; 

(b) All interstate waters, including interstate “wetlands;” 

(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), 

mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or 

natural ponds the use, degradation, or destruction of which would affect or could affect 

interstate or foreign commerce including any such waters: 

(1) Which are or could be used by interstate or foreign travelers for recreational or other 

purposes; 

(2) From which fish or shellfish are or could be taken and sold in interstate or foreign 

commerce; or 

(3) Which are used or could be used for industrial purposes by industries in interstate 

commerce; 

(d) All impoundments of waters otherwise defined as Waters of the United States under this 

definition; 

(e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; 

(f) The territorial sea; and 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

(g) “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in 

paragraphs (a) through (f) of this definition. [40 CFR 230.3 (s)] 

Waste treatment systems, including treatment ponds or lagoons designed to meet the 

requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also 

meet the criteria of this definition) are not Waters of the United States. Waters of the United 

States do not include prior converted cropland. Notwithstanding the determination of an area's 

status as prior converted cropland by any other federal agency, for the purposes of the Clean 

Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. [40 

CFR 122.2] 

Delineated Waters of the United States may or may not be wet at the time of discharge; however, 

discharges to such are still considered discharges to Waters of the United States. Also, this 

permit refers to the term “Waters of the United States’ to identify those point source discharges 

required to obtain NPDES permit coverage. Any modification to the regulatory definition of 

“Waters of the United States” at 40 CFR 122.2 during the effective term of this permit becomes 

the legal standard for identifying those point source discharges required to obtain NPDES permit 

coverage consistent with the effective date of such regulations. See EPA’s website for up-todate guidance on identifying Waters of the United States. 

Water Quality Impaired – See ‘Impaired Water’. 

Water Quality Standards – A water quality standard defines the water quality goals of a water 

body, or portion thereof, by designating the use or uses to be made of the water and by setting 

criteria necessary to protect the uses. Water quality standards also include an antidegradation 

policy and implementation procedures. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of 

Ecology et al, 511 US 701, 705 (1994). States, Tribes and EPA adopt water quality standards to 

protect public health or welfare, enhance the quality of water and serve the purposes of the Clean 

Water Act (See CWA sections 101(a)2 and 303(c)). Where necessary, EPA has the authority to 

promulgate federal water quality standards. 

Wetlands – means those areas that are inundated or saturated by surface or groundwater at a 

frequency and duration sufficient to support, and that under normal circumstances do support, a 

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 

generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2] 

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A.2. Abbreviations and Acronyms 

CERCLA Comprehensive Environmental Response, Compensation and Liability Act 

CWA Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 

et seq) 

eNOI electronic NOI system 

EPA U. S. Environmental Protection Agency 

ESA Endangered Species Act 

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq. 

FWS U. S. Fish and Wildlife Service 

IPM Integrated Pest Management 

NEPA National Environmental Policy Act 

NMFS U. S. National Marine Fisheries Service 

NOI Notice of Intent 

NOT Notice of Termination 

NPDES National Pollutant Discharge Elimination System 

NRC National Response Center 

ONRW Outstanding National Resource Water 

PDMP Pesticide Discharge Management Plan 

SARA Superfund Amendments and Reauthorization Act 

TMDL Total Maximum Daily Load 

U.S.C. United States Code 

WQS Water Quality Standard 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Appendix B.
 

Standard Permit Conditions
 

Standard permit conditions in Appendix B generally are consistent with the permit provisions 

required in 40 CFR 122.41 but are modified to reflect the nature of discharges covered under this 

general permit. 

B.1 Duty to Comply 

Operators must comply with all conditions of this permit. Any permit noncompliance constitutes 

a violation of the CWA and is grounds for enforcement action; for permit termination, revocation 

and reissuance, or modification; or for denial of a permit renewal application. 

A. Operators must comply with effluent standards or prohibitions established under CWA 

section 307(a) for toxic pollutants within the time provided in the regulations that establish 

these standards, even if the permit has not yet been modified to incorporate the 

requirement. 

B. Penalties for Violations of Permit Conditions: EPA will periodically adjust for inflation the 

civil and administrative penalties listed below in accordance with the Civil Monetary 

Penalty Inflation Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359–69366, as 

corrected in 62 FR 54, March 20, 1997, pp.13514–13517) as mandated by the Debt 

Collection Improvement Act of 1996. This rule allows EPA’s penalties to keep pace with 

inflation. The Agency is required to review its penalties at least once every 4 years 

thereafter and to adjust them as necessary for inflation according to a specified formula. 

The civil and administrative penalties following were adjusted for inflation starting in 

1996. 

1. Criminal Penalties 

1.1 Negligent Violations. The CWA provides that any person who negligently 

violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 

405 of the Act is subject to criminal penalties of not less than $2,500 nor more 

than $25,000 per day of violation, or imprisonment of not more than one year, or 

both. In the case of a second or subsequent conviction for a negligent violation, a 

person will be subject to criminal penalties of not more than $50,000 per day of 

violation or by imprisonment of not more than two years, or both. 

1.2 Knowing Violations. The CWA provides that any person who knowingly violates 

permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 of 

the Act is subject to a fine of not less than $5,000 nor more than $50,000 per day 

of violation, or by imprisonment for not more than 3 years, or both. In the case of 

a second or subsequent conviction for a knowing violation, a person will be 

subject to criminal penalties of not more than $100,000 per day of violation, or 

imprisonment of not more than 6 years, or both. 

1.3	 Knowing Endangerment. The CWA provides that any person who knowingly 

violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 

405 of the Act and who knows at that time that he or she is placing another person 

in imminent danger of death or serious bodily injury will upon conviction be 

subject to a fine of not more than $250,000 or by imprisonment of not more than 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

15 years, or both. In the case of a second or subsequent conviction for a knowing 

endangerment violation, a person will be subject to a fine of not more than 

$500,000 or by imprisonment of not more than 30 years, or both. An organization, 

as defined in section 309(c)(3)(B)(iii) of the Act, will, upon conviction of 

violating the imminent danger provision, be subject to a fine of not more than 

$1,000,000 and can fined up to $2,000,000 for second or subsequent convictions. 

1.4. False Statement. The CWA provides that any person who falsifies, tampers with, 

or knowingly renders inaccurate any monitoring device or method required to be 

maintained under this permit will, upon conviction, be punished by a fine of not 

more than $10,000, or by imprisonment for not more than 2 years, or both. If a 

conviction of a person is for a violation committed after a first conviction of such 

person under this paragraph, punishment is a fine of not more than $20,000 per 

day of violation, or by imprisonment of not more than 4 years, or both. The Act 

further provides that any person who knowingly makes any false statement, 

representation, or certification in any record or other document submitted or 

required to be maintained under this permit, including monitoring reports or 

reports of compliance or noncompliance will, upon conviction, be punished by a 

fine of not more than $10,000 per violation, or by imprisonment for not more than 

6 months per violation, or by both. 

2. Civil Penalties. The CWA provides that any person who violates a permit condition 

implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a 

civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the 

Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note) as 

amended by the Debt Collection Improvement Act (31 U.S.C. 3701 note) (currently 

$37,500 per day for each violation). 

3. Administrative Penalties. The CWA provides that any person who violates a permit 

condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is 

subject to an administrative penalty, as follows 

3.1 Class I Penalty. Not to exceed the maximum amounts authorized by CWA section 

309(g)(2)(A) and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 

2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. 3701 

note) (currently $11,000 per violation, with the maximum amount of any Class I 

penalty assessed not to exceed $37,500). 

3.2	 Class II Penalty. Not to exceed the maximum amounts authorized by CWA 

section 309(g)(2)(B) and the Federal Civil Penalties Inflation Adjustment Act 

(28 U.S.C. 2461 note) as amended by the Debt Collection Improvement Act 

(31 U.S.C. 3701 note) (currently $11,000 per day for each day during which the 

violation continues, with the maximum amount of any Class II penalty not to 

exceed $157,500). 

B.2 Duty to Reapply 

Except as otherwise provided for in Part 1.2.4 of the permit, if an Operator wishes to continue an 

activity regulated by this permit after the expiration date of this permit, the Operator must apply 

for and obtain authorization as required by the new permit once EPA issues it. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

B.3 Need to Halt or Reduce Activity Not a Defense 

It will not be a defense for an Operator in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity to maintain compliance with the conditions of 

this permit. 

B.4 Duty to Mitigate 

Operators must take all reasonable steps to minimize or prevent any discharge in violation of this 

permit, which has a reasonable likelihood of adversely affecting human health or the 

environment. 

B.5 Proper Operation and Maintenance 

Operators must at all times properly operate and maintain all facilities and systems of treatment 

and control (and related appurtenances) which the Operators installs or uses to achieve 

compliance with the conditions of this permit. Proper operation and maintenance also includes 

adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of backup or auxiliary facilities or similar systems which the Operator 

installs only when the operation is necessary to achieve compliance with the conditions of this 

permit. 

B.6 Permit Actions 

This permit may be modified, revoked and reissued, or terminated for cause. An Operator’s 

filing of a request for a permit modification, revocation and reissuance, or termination, or a 

notification of planned changes or anticipated noncompliance does not stay any permit condition. 

B.7 Property Rights 

This permit does not convey any property rights of any sort, or any exclusive privileges. 

B.8 Duty to Provide Information 

Operators must furnish to EPA or an authorized representative (including an authorized 

contractor acting as a representative of EPA), within a reasonable time, any information that 

EPA may request to determine whether cause exists for modifying, revoking and reissuing, or 

terminating this permit or to determine compliance with this permit. Operators must also furnish 

to EPA or an authorized representative upon request, copies of records required to be kept by this 

permit. 

B.9 Inspection and Entry 

Operators must allow EPA, or an authorized representative (including an authorized contractor 

acting as a representative of EPA), upon presentation of credentials and other documents as may 

be required by law, to do the following: 

A. Enter upon an Operator’s premises where a regulated activity is located or conducted, or 

where records must be kept under the conditions of this permit; 

B. Have access to and copy, at reasonable times, any records that must be kept under the
 

conditions of this permit;
 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

C. Inspect at reasonable times any facilities, equipment (including monitoring and control
 

equipment), practices, or operations regulated or required under this permit; and 

D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or 

as otherwise authorized by the CWA, any substances or parameters at any location. 

B.10 Monitoring and Records 

A. Operators must retain records of all reports required by this permit, and records of all data 

used to complete the NOI for this permit, for a period of at least 3 years from the date the 

permit expires or the date the Operator’s authorization is terminated. That period may be 

extended by request of EPA at any time. 

[As written, this permit does not require Operators to perform the type of sample collection 

and monitoring described in the following sections of this appendix, B.10.B through 

B.10.F. However, where EPA requires any monitoring, consistent with Part 1.2.3 of the 

Permit, the sample collection and monitoring requirements in B.10.B through B.10.F of 

this appendix apply to those Operators that collect samples.] 

B. Samples and measurements taken for the purpose of monitoring must be representative of 

the volume and nature of the monitored activity. 

C. Operators must retain records of all monitoring information, including all calibration and 

maintenance records and all original strip chart recordings for continuous monitoring 

instrumentation, for a period of at least 3 years from the date the permit expires or the date 

the Operator’s authorization is terminated. This period may be extended by request of EPA 

at any time. 

D. Records of monitoring information must include the following: 

1. The date, exact place, and time of sampling or measurements; 

2. The individual(s) who performed the sampling or measurements; 

3. The date(s) analyses were performed 

4. The individual(s) who performed the analyses; 

5. The analytical techniques or methods used; and 

6. The results of such analyses 

E. Monitoring must be conducted according to test procedures approved under 40 CFR Part 

136, unless other test procedures have been specified in the permit. 

F. The CWA provides that any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit 

will, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment 

for not more than 2 years, or both. If a conviction of a person is for a violation committed 

after a first conviction of such person under this paragraph, punishment is a fine of not 

more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or 

both. 

B.11 Signatory Requirements 

A. All applications, including NOIs, must be signed as follows: 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

1. For a corporation: By a responsible corporate officer. For the purpose of this 

subsection, a responsible corporate officer means: (i) a president, secretary, treasurer, 

or vice-president of the corporation in charge of a principal business function, or any 

other person who performs similar policy- or decision-making functions for the 

corporation, or (ii) the manager of one or more manufacturing, production, or operating 

facilities, provided, the manager is authorized to make management decisions that 

govern the operation of the regulated activity including having the explicit or implicit 

duty of making major capital investment recommendations, and initiating and directing 

other comprehensive measures to assure long-term environmental compliance with 

environmental laws and regulations; the manager can ensure that the necessary systems 

are established or actions taken to gather complete and accurate information for permit 

application requirements; and where authority to sign documents has been assigned or 

delegated to the manager in accordance with corporate procedures. 

2. For a partnership or sole proprietorship: By a general partner or the proprietor, 

respectively; or
 

3. For a municipality, state, federal, or other public agency: By either a principal 

executive officer or ranking elected official. For purposes of this subsection, a principal 

executive officer of a federal agency includes (i) the chief executive officer of the 

agency, or (ii) a senior executive officer having responsibility for the overall operations 

of a principal geographic unit or the agency (e.g., Regional Administrator of EPA). 

B. Any Pesticide Discharge Management Plan (PDMP), including changes to the PDMP to 

document any corrective actions taken as required by Part 6, and all reports submitted to 

EPA, must be signed by a person described in Appendix B, Subsection B.11.A above or by 

a duly authorized representative of that person. A person is a duly authorized representative 

only if the following are true: 

1. The authorization is made in writing by a person described in Appendix B, Subsection 

B.11.A; 

2. The authorization specifies either an individual or a position having responsibility for 

the overall operation of the regulated activity such as the position of superintendent, 

position of equivalent responsibility, or an individual or position having overall 

responsibility for environmental matters for the company. (A duly authorized 

representative may thus be either a named individual or any individual occupying a 

named position); and 

3. The signed and dated written authorization is included in the PDMP. A copy must be 

submitted to EPA, if requested. 

C. All other changes to the PDMP, and other compliance documentation required under this 

permit, must be signed and dated by the person preparing the change or documentation. 

D. Changes to Authorization. If an authorization under Appendix B, Subsection B.11.A is no 

longer accurate because the application activities have been purchased by a different entity, 

a new NOI satisfying the requirements of Subsection B.11.A must be submitted to EPA. 

However, if the only change that is occurring is a change in contact information or a 

change in the Operator’s address, the Operator need only make a modification to the 

existing NOI submitted for authorization. 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

E. Any person signing documents in accordance with Appendix B, Subsections B.11.A or 

B.11.B above must include the following certification: 

“I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that 

qualified personnel properly gathered and evaluated the information contained therein. 

Based on my inquiry of the person or persons who manage the system, or those persons 

directly responsible for gathering the information, the information contained is, to the 

best of my knowledge and belief, true, accurate, and complete. I am aware that there 

are significant penalties for submitting false information, including the possibility of 

fine and imprisonment for knowing violations.” 

F. The CWA provides that any person who knowingly makes any false statement, 

representation, or certification in any record or other document submitted or required to be 

maintained under this permit, including monitoring reports or reports of compliance or 

noncompliance will, upon conviction, be punished by a fine of not more than $10,000 per 

violation, or by imprisonment for not more than 6 months per violation, or by both. 

B.12 Reporting Requirements 

A. Anticipated noncompliance. Operators must give advance notice to EPA of any planned 

changes in the permitted activity which may result in noncompliance with permit 

requirements. 

B. Transfers. This permit is not transferable to any person except after notice to EPA. Where 

an Operator wants to transfer coverage under the permit to a new Operator, the original 

Operator (i.e., the first Operator) must submit a Notice of Termination pursuant to Part 

1.2.5. The new Operator must submit a NOI in accordance with Part 1.2. See also 

requirements in Appendix B, Subsections B.11.B and B.11.D. 

C. Pesticide Monitoring Reports. This permit does not require Operators to report monitoring 

results routinely; however, EPA may, pursuant to Part 1.2.3, require certain Operators to 

monitor and report such results. In such instances, provisions of B.12.C apply. 

1. Monitoring data must be submitted to EPA at the appropriate Regional address 

identified in Part 9.2. 

2. If an Operator monitors any pollutant more frequently than required using test 

procedures approved under 40 CFR Part 136 or as otherwise specified by EPA, the 

results of this monitoring must be included in reporting of monitoring data submitted to 

EPA. 

3. Calculations for all limitations that require averaging of measurements must use an 

arithmetic mean unless otherwise specified by EPA. 

D. Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit must be submitted no later than 14 days following each schedule date. 

E. Twenty-four hour reporting. 

1. In addition to adverse incident and spill reporting requirements in Parts 6.4 and 6.5, 

respectively, Operators must report any noncompliance which may endanger health or 

the environment. Any information must be provided orally within 24 hours from the 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

time the Operator becomes aware of the circumstances. A written submission must also 

be provided within 5 days of the time the Operator becomes aware of the 

circumstances. The written submission must contain a description of the 

noncompliance and its cause; the period of noncompliance, including exact dates and 

times, and if the noncompliance has not been corrected, the anticipated time it is 

expected to continue; and steps taken or planned to reduce, eliminate, and prevent 

reoccurrence of the noncompliance. 

2. For purposes of this permit, Operators must submit a 24-hour report under this section 

for any upset, as defined in Appendix B, Subsection B.13, which exceeds any effluent 

limitation in the permit. 

3. EPA may waive the written report on a case-by-case basis for reports under Appendix 

B, Subsection B.12.E.2 if the oral report has been received within 24 hours. 

F. Other noncompliance. Operators must report all instances of noncompliance not reported 

under Appendix B, Subsections 12.A, 12.D, and 12.E, at the time any applicable annual or 

monitoring reports are submitted. The reports must contain the information listed in 

Appendix B, Subsection 12.E.1. 

G. Other information. Where an Operator becomes aware of its failure to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or 

in any report to the Permitting Authority, the Operator must promptly submit such facts or 

information. 

B.13 Upset 

A. Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations because of 

factors beyond the Operator’s reasonable control. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. See 40 CFR 122.41(n)(1). 

B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology-based permit effluent limitations if the requirements 

of Appendix B, Subsection B.13.C are met. Any determination made during administrative 

review of claims that noncompliance was caused by an upset, and before an action for 

noncompliance, is not final administrative action subject to judicial review. See 40 CFR 

122.41(n)(2). 

C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). An Operator 

who wishes to establish the affirmative defense for an upset must demonstrate, through 

properly signed, contemporaneous operating logs, or other relevant evidence that 

1. An upset occurred and that the Operator can identify the cause(s) of the upset; 

2. The permitted activity was at the time being properly operated; and 

3. The Operator submitted notice of the upset as required in Appendix B, Subsection 

B.12.E.2 (24 hour notice). 

4. The Operator complied with any remedial measures required under Appendix B, 

Subsection B.4. 

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D. Burden of proof. In any enforcement proceeding, the Operator, as the one seeking to 

establish the occurrence of an upset, has the burden of proof. See 40 CFR 122.41(n)(4). 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

Appendix C.
 

Areas Covered (and NPDES Permit Numbers)
 

1. EPA Region 1: Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, 

Vermont 

Where EPA is Permitting Authority 

MAG87#### Massachusetts, except for Indian Country lands 

MAG87###I Indian Country lands within Massachusetts 

CTG87###I Indian Country lands within Connecticut 

NHG87#### New Hampshire 

RIG87###I Indian Country lands within Rhode Island 

VTG87###F Federal facilities within Vermont 

2. EPA Region 2: New Jersey, New York, Puerto Rico, United States Virgin Islands 

Where EPA is Permitting Authority 

NYG87###I Indian Country lands within New York State 

PRG87#### The Commonwealth of Puerto Rico 

3. EPA Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West 

Virginia 

Where EPA is Permitting Authority 

DCG87#### The District of Columbia 

DEG87###F Federal facilities within Delaware 

4. EPA Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, Tennessee 

Where EPA is Permitting Authority 

ALG87###I Indian Country lands within Alabama 

FLG87###I Indian Country lands within Florida 

MSG87###I Indian Country lands within Mississippi 

NCG87###I Indian Country lands within North Carolina 

5. EPA Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin 

Where EPA is Permitting Authority 

MIG87###I	 Indian Country lands within Michigan 

MNG87###I	 Indian Country lands within Minnesota, excluding Sokaogon Chippewa 

Community 

WIG87###I	 Indian Country lands within Wisconsin, excluding Lac du Flambeau Band of 

Lake Superior Chippewa Indians and Fond du Lac Reservation 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

6. EPA Region 6: Arkansas, Louisiana, Oklahoma, Texas, New Mexico (except see Region 9 

for Navajo lands, and see Region 8 for Ute Mountain Reservation lands) 

Where EPA is Permitting Authority 

LAG87###I	 Indian Country lands within Louisiana 

NMG87#### New Mexico except Indian Country lands 

NMG87###I	 Indian Country lands within New Mexico, except Navajo Reservation Lands (see 

Region 9) and Ute Mountain Reservation Lands (see Region 8) 

OKG87####	 Oklahoma, except Indian Country lands 

OKG87###I	 Indian Country lands within Oklahoma 

TXG87####	 Discharges in Texas that are not under the authority of the Texas Commission on 

Environmental Quality (formerly TNRCC), including activities associated with 

the exploration, development, or production of oil or gas or geothermal resources, 

including transportation of crude oil or natural gas by pipeline, except Indian 

Country lands. 

TXG87###I	 Indian Country lands within Texas 

7. EPA Region 7: Iowa, Kansas, Missouri, Nebraska (except see Region 8 for Pine Ridge 

Reservation Lands) 

Where EPA is Permitting Authority 

IAG87###I	 Indian Country lands within Iowa 

KSG87###I	 Indian Country lands within Kansas 

NEG87###I	 Indian Country lands within Nebraska, except Pine Ridge Reservation lands (see 

Region 8) 

8. EPA Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah 

(except see Region 9 for Goshute Reservation and Navajo Reservation 

Lands), the Ute Mountain Reservation in NM, and the Pine Ridge 

Reservation in Nebraska 

Where EPA is Permitting Authority 

COG87###F	 Federal facilities within Colorado, except those on Indian Country lands 

COG87###I	 Indian Country lands within Colorado as well as the portion of the Ute Mountain 

Reservation located in New Mexico 

MTG87###I	 Indian Country lands within Montana 

NDG87###I	 Indian Country lands within North Dakota 

SDG87###I	 Indian Country lands within South Dakota as well as the portion of the Pine Ridge 

Reservation located in Nebraska (see Region 7) 

UTG87###I	 Indian Country lands within Utah, except Goshute and Navajo Reservation lands 

(see Region 9) 

WYG87###I	 Indian Country lands within Wyoming 

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United States Environmental Protection Agency 2011 Pre-publication Draft Final NPDES Pesticide General Permit 

9. EPA Region 9: California, Hawaii, Nevada, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Goshute Reservation 

in Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and 

Arizona, the Duck Valley Reservation in Idaho, and the Fort McDermitt 

Reservation in Oregon 

Where EPA is Permitting Authority 

ASG87#### The Island of American Samoa 

AZG87###I Indian Country lands within Arizona, as well as Navajo Reservation lands in New 

Mexico (see Region 6) and Utah (See Region 8), excluding Hualapai Reservation 

CAG87###I Indian Country lands within California, excluding Hoopa Valley Reservation 

GUG87#### The Island of Guam 

JAG87#### Johnston Atoll 

MWG87#### Midway Island and Wake Island 

NIG87#### Commonwealth of the Northern Mariana Islands 

NVG87###I Indian Country lands within Nevada, as well as the Duck Valley Reservation in 

Idaho, the Fort McDermitt Reservation in Oregon (see Region 10) and the 

Goshute Reservation in Utah (see Region 8) 

10. EPA Region 10: Alaska, Washington, Idaho (except see Region 9 for Duck Valley 

Reservation Lands), and Oregon (except see Region 9 for Fort McDermitt 

Reservation) 

Where EPA is Permitting Authority 

AKG87####	 Alaska, except Indian Country lands 

AKG87###I	 Indian Country lands within Alaska 

IDG87####	 Idaho, except Indian Country lands 

IDG87###I	 Indian Country lands within Idaho, except Duck Valley Reservation lands (see 

Region 9), excluding Puyallup Tribe Reservation 

ORG87###I	 Indian Country lands within Oregon, except Fort McDermitt Reservation lands 

(see Region 9) 

WAG87###F Federal Facilities in Washington, except those on Indian Country lands 

WAG87###I	 Indian Country lands within Washington, excluding Puyallup Tribe Reservation 

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Appendix D. Notice of Intent Form 

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Appendix E. Notice of Termination Form 

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Appendix F. Pesticide Discharge Evaluation Worksheet 

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Appendix G. Annual Report Template 

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