Suggested Revisions by Chuck Corell January 20, 2010

1 [Comments: “operator of pesticide discharge” should be defined as a public entity applying pesticides or the entity that has ope rational control of the area where pesticide discharges occur (i.e., landowner). This makes many issues easier to handle including who must submit a NOI, who must kept what records and where and who must develop and implement the PDMP. With this change in mind, I suggest the changes outlined below.] 1.2.2 Operators Required to Submit a Notice of Intent (NOI). The following operators are required to submit a Notice of Intent to obtain coverage under this general permit for discharges resulting from the application of pesticides: - Any public entity (e.g., as identified by category code 92 in the 2007 NAICS), and government establishments engaged in other sectors including but not limited to category codes 22 (Utilities) and 71 (Arts, Entertainment, and Recreation) in the 2007 NAICS, and

• - Any entity specifically tasked with managing property for the control of pests on lands not otherwise owned by said entity (e.g., homeowner’s association, lake association;

• Any other entity that has reason to believe it will exceed any one of the following annual (i.e., calendar year) thresholds for any of the four use patterns covered under this general permit: [I left the public entities in here even though we discussed taking them out. I can see our League of Cities insisting that we issue them some kind of acknowledgement that they have coverage.]

2.2. Integrated Pest Management (IPM) Practices. This Part applies to pesticide applications performed by:
- Any public entity (e.g., as identified by category code 92 in the 2007 NAICS), and government establishments engaged in other sectors including but not limited to category codes 22 (Utilities) and 71 (Arts, Entertainment, and Recreation) in the 2007 NAICS, and - Any operator who exceeds any pesticide use threshold established in Part 1.2.2. [Operators who are not public entities that exceed the thresholds are big enough and use enough pesticides to have the capacity to pr epare and implement a PDMP even if they have to hire someone else to do it for them. What you lose here is the permitting of the aggregate of many smaller applications. What you gain is a more clear application of who is responsible for developing and impl ementing the PDMP. An applicator hired only to properly apply the pesticide is no longer re sponsible for telling their customer they cannot do the job without completing the PDMP. In these cases, the hired applicator is not in a position to make decisions regarding IPM.] Deleted: Any federal, state, or local government agency,¶ <#>Any public utility, including privately-owned, for profit utilities (i.e., establishment engaged in providing any of the following utility services: electric power, natural gas, steam supply, water supply, and sewage and stormwater removal);¶
Deleted: <#>Any commercial/business establishment, including farms or ranches, which are not part of a small business enterprise, as defined by the U.S. Small Business Administration in 13 CFR 121.201, based on the enterprise’s average annual receipts or average employment of the enterprise for the fiscal year preceding coverage under thispermit. This includes commercial (“forhire”) pesticide applicators that exceed the small business threshold described above; and¶

Deleted: , including any pesticide applicator hired by such entity

Deleted: including any pesticide applicator hired by such operator, but excluding from the calculation any pesticide applications covered under an NOI when hired by a public entitySuggested Revisions by Chuck Corell January 20, 2010

2 [The tracked changes below got a little messy so there is a clean version afterward] 8.0 Recordkeeping

8.1 . All permittees are required to keep the following records :

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

• A copy of all Adverse Incident Reports (See Part 6.0)

8.2 . Permittees who are required to submit a NOI pursuant to Part 1.2.2 are required to keep the following records at the address provided on the NOI

. These records must be accurate and co mplete to demonstrate your compliance with the conditions of this permit : [on the permit] 8.2.1 Permit Information

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

• NPDES permit tracking number(s)
8.2.2 Pesticide Application Information

• A current copy of the Pesticide Discharge Management Plan (PDMP) as detailed in Part 5.0

• Times and date(s) of the pest management activities specified in the PDMP ; [included in PDMP] [included in PDMP] [included in PDMP] [included in PDMP] Locations and names of waters to which pesticides were applied (any 8-digit HUC identifiers or map coordinates, if known); Dates of surveillance conducted according to Part 4, Site Monitoring and the results of that monitoring;

•

• When the application equipment was calibrated;

• For mosquito control and aquatic nuisance insect control, if applicable, why larviciding is impractical; and [I will let others deal with this language]
8.2.3 Reports

• A copy of your annual reports;

• A copy of all Adverse Incident Reports (See Part 6.0)

• 8.2.4 NOI A copy of the NOI submitted to EPA along with any correspondence exchanged between you and EPA specific to coverage under this permit;

• A copy of the acknowledgment letter you received from the NOI Processing Center or eNOI system assigning your permit tracking number;

• For operators required to submit an NOI after the date on which you were authorized to discharge (i.e., after commencing discharge under this permit, you determined you were likely to exceed an annual threshold), Formatted: Tabs: 0.75", Left

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Deleted: any Deleted: These records must be accurate and complete to demonstrate your compliance with the conditions of this permit:
Deleted: implement IPM practices, Part 2.2, Deleted: <#>Pest Management Log for the pesticide applications you perform. The Pest Management Log must be completed and maintained to demonstrate your compliance with the conditions of this permit. You must retain a copy of the current Pesticide Management Log at the address provided on the NOI. You

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Deleted: Any observed impacts to nonDeleted: , cleaned, and repaired, if
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Deleted: <#> If you are required to
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... [13] ... [2] ... [1]Suggested Revisions by Chuck Corell January 20, 2010

3 the date on which you made the dete rmination that you had reason to believe you will exceed an annual threshold during any calendar year.

8. 3

. You must retain copies of records outlined in Part 8. 2 for a period of at least 3 years from the date that your covera ge under this permit expires or is terminated.

[Here is the clean version]

8.0 Recordkeeping

8.1 . All permittees are required to keep the following records:

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

• A copy of all Adverse Incident Reports (See Part 6.0)

8.2 . Permittees who are required to su bmit a NOI pursuant to Part 1.2.2 are required to keep the following records at the address provided on the NOI. These records must be accurate and co mplete to demonstrate your compliance with the conditions of this permit:

8.2.1 Permit Information

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

• NPDES permit tracking number(s)
8.2.2 Pesticide Application Information

• A current copy of the Pesticide Discharge Management Plan (PDMP) as detailed in Part 5.0

• Times and date(s) of the pest mana gement activities specified in the PDMP;

• Locations and names of waters to which pesticides were applied (any 8- digit HUC identifiers or map coordinates, if known);

• Dates of surveillance conducted accordi ng to Part 4, Site Monitoring and the results of that monitoring;

• When the application equipment was calibrated;

• For mosquito control and aquatic nuisance insect control, if applicable, why larviciding is impractical;
8.2.3 Reports

• A copy of your annual reports;

• A copy of all Adverse Incident Reports (See Part 6.0)

8.2.4 NOI

• A copy of the NOI submitted to EPA along with any correspondence exchanged between you and EPA specific to coverage under this permit;

• A copy of the acknowledgment letter you received from the NOI Processing Center or eNOI system assigning your permit tracking number; Deleted: 5 Deleted: documentation
Deleted: 1 Deleted: and, if applicable, Part 8.2, Part 8.3 (including any modifications made to the PDMP during the term of this p ermit), and Part 8.4Suggested Revisions by Chuck Corell January 20, 2010

4 • For operators required to submit an NOI after the date on which you were authorized to discharge (i.e., after commencing discharge under this permit, you determined you were likely to exceed an annual threshold), the date on which you made the dete rmination that you had reason to believe you will exceed an annual threshold during any calendar year.

8.3. You must retain copies of records outlined in Part 8.2 for a period of at least 3 years from the date that your coverage unde r this permit expires or is terminated.Page 2: [1] Deleted CCorell 1/20/2010 6:37:00 PM 

### Pest Management Log for the pesticide applications you perform. The Pest Management Log must be completed and maintained to demonstrate your compliance with the conditions of this permit. You must retain a copy of the current Pesticide Management Log at the address prov ided on the NOI. You must maintain records of th e following information: Permittee’s name

Page 2: [2] Deleted CCorell 1/20/2010 6:38:00 PM 

### The name(s) of the record keeper; Page 2: [3] Formatted CCorell 1/20/2010 7:04:00 PM 

### Indent: Before: 0.81", No bullets or numbering

Page 2: [4] Deleted CCorell 1/20/2010 6:41:00 PM 

### Pest management strategies used an d what action threshold has been met; Page 2: [5] Deleted CCorell 1/20/2010 6:41:00 PM


### Pesticide used: Page 2: [6] Deleted CCorell 1/20/2010 6:42:00 PM 

### Names and amounts of pesticides use d, including EPA registration numbers; Page 2: [7] Deleted CCorell 1/20/2010 6:49:00 PM 

### Any observed impacts to non-target organisms resulting from your pesticide discharge as required in Part 4, Site Monitoring; Page 2: [8] Deleted CCorell 1/20/2010 6:50:00 PM 

### , cleaned, and repaired, if applicable Page 2: [9] Deleted CCorell 1/20/2010 6:50:00 PM 

### Any monitoring information required in Part 4.0. Page 2: [10] Deleted CCorell 1/20/2010 6:51:00 PM 

### 8.3. Permittees who are required to de velop a Pesticide Discharge Management Plan and required to submit an annual report must keep the following records at the address provided on the NOI: Page 2: [11] Formatted CCorell 1/20/2010 7:06:00 PM 

### Indent: Before: 0.75", Tabs: Not at 0.5"

Page 2: [12] Deleted CCorell 1/20/2010 7:03:00 PM 

### A Pesticide Discharge Management Plan (PDMP) as detailed in Part 5.0 Page 2: [13] Deleted CCorell 1/20/2010 6:52:00 PM 

### If you are required to submit an NOI , as identified in Part 1.2.2, you are required to keep the following documen tation at the address provided on the NOI: