Edits in Response to OMB Comments U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

United States Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES)

PESTICIDE GENERAL PERMIT (PGP) FOR POINT SOURCE DISCHARGES

TO WATERS OF THE UNITED STATES FROM THE APPLICATION OF PESTICIDES (Draft)

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

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

U.S.C. 1251 et seq. ), any operator of a point source discharge of pollutants (i.e., discharge) associated with the application of pesticides who:

• Is eligible for permit coverage under Part 1.1, and

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

is authorized to discharge in accordance with the requirements of this permit.

This permit becomes effective on [April 9, 2011].

This permit and the authorization to discha rge expire at midnight, [April 8, 2016].

H. Curtis (Curt) Spalding, Regional Administrator, EPA, Region 1

Barbara A. Finazzo, Director, Division of Environmental Planning and Protection, EPA Region 2

Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division, EPA Region 2

Jon M. Capacasa, Director, Water Protection Division, EPA Region 3

James D. Giattina, Director, Water Management Division, EPA, Region 4

Bharat Mathur, Regional Administrator, EPA Region 5 Miguel Flores, Director, Water Quality Protection Division, EPA Region 6

William A. Spratlin, Director, Water, Wetlands and Pesticides Division, EPA Region 7

Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships and Regulatory Assistance, EPA Region 8

Alexis Strauss, Director, Water Division, EPA Region 9

Michael A. Bussell, Director, Office of Water and Watersheds, EPA Region 10U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit



### Table of Contents

1.0 Coverage under This Permit 2.0 Technology-Bas ed Effluent Limitations 3.0 Water Quality-Based Effluent Limitations 4.0 Site Monitoring

5.0 Pesticide Di scharge Management Plan

6.0 Corrective Action 7.0 Recordkeeping and Annual Reporting 8.0 EPA Contact Information and Mailing Addresses 9.0 State, Territorial, and Tribal Requirements

Appendix A - Definitions and Acronyms Appendix B - Standard Permit Conditions Appendix C - Areas Covered (and NPDES Permit Numbers) Appendix D - Notice of Intent Form Appendix E - Notice of Termination FormU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

1 1.0 Coverage under This Permit. This permit covers any operator that meets the eligibility requirements identified in Part 1.1 and if so required, submits a Notice of Intent (NOI) in accordance with Part 1.2. An operator, defined in Appendix A, generally includes both (1) the entity with control over the financing for, or the decision to perform pesticide applications, including the ability to modify those decisions, that results in a discharge to waters of the United States (U.S.) and (2) the entity with day-to-day operational control of

or who performs activities (e.g., the application of pesticides) that are necessary to ensure compliance with the permit (e.g., they are authorized to direct workers to carry out activities required by the permit or perform such activities themselves). As such, more than one operator may be responsible for compliance with this permit for any single discharge from the application of pesticides.

1.1 Eligibility

1.1.1 Activities Covered. This permit is available to operators who discharge to waters of the U.S. from the applicati on of (1) biological pesticides or (2) chemical pesticides that leave a residue (hereinafter collectively “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 but are not limited to mosquitoes and black flies.

b. Aquatic Weed and Algae Control

– to control invasive or other nuisance weeds and algae in water and at water's edge, including irrigation ditches and/or irrigation canals.

c. Aquatic Nuisance Animal Control –to control invasive or other nuisance animals in water and at water’s edge. Aquatic nuisance animals in this use category include, but are not limited to fish, lampreys, and mollusks.

d. Forest Canopy Pest Control - aerial application of a pesticide over 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.

1.1.2 Limitations on coverage

1.1.2.1 Discharges to Water Quality Impaired Waters. You are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the U.S. if the water is identified as impaired by that pesticide or its Deleted: over waterU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

2 degradates. For purposes of this permit, impaired waters are those that have been identified by a State, Territory, Tribe or EPA pursuant to Section 303(d) of the CWA as not meeting applicable State, Territorial, or Tribal water quality standards. Impaired waters for the purposes of this permit include both waters with EPA-approve d or EPA-established Total Maximum Daily Loads (TMDLs) and waters for which EPA has not yet approved or established a

TMDL. A list of these waters is available on the Internet at www.epa.gov/OWOW/tmdl/ . If your discharge would not be eligible under this permit because the water is listed as impaired for that specific pesticide, but you have evidence that shows the water is no longer impaired, you may submit this information to EPA and request that coverage be allowed under this permit.

1.1.2.2 Discharges to Waters Designated as Tier 3 for Antidegradation Purposes. You are not eligible for coverage under this permit for discharges from a pesticide application to waters designated by a State, Territory, or Tribe as Tier 3 (Outstanding National Resource Waters) for anti-degradation purposes under 40 CFR 131.12(a)(3) (see a list of Tier 3 waters in geographic areas covered under this permit on EPA’s website at www.epa.gov/npdes/ ...).

1.1.2.3 Discharges Currently or Previously Covered by another Permit. You are not eligible for coverage under this permit if any of the following circumstances apply:

a. The discharges are covered by another NPDES permit, or b. The discharges were included in a permit that within the last five years has been or is in the process of being denied, terminated, or revoked by EPA (this does not apply to the routine rei ssuance of permits every five years).

1.2 Authorization to Discharge under This Permit

1.2.1 How to Obtain Authorization. To obtain authorization under this permit, an

operator must:

a. Meet the eligibility requirements identified in Part 1.1, and b. If you are an operator identified in Part 1.2.2, submit a complete and accurate Notice of Intent (NOI). Operators meeting the eligibility provisions outlined in Part 1.1 and whose discharges are not subject to the requirement to submit an NOI, as identified in Part 1.2.2, are automatically authorized to discharg e after April 9, 2011, in compliance with the requirements of this permit without submission of an NOI.

An NOI provides notice of an operator s’ intent for discharges from its pesticide application activities to be covered under this permit. Coverage is for the operator who filed the NOI, including its employees, contractors, subcontractors, and other agents, for all activities identified on the NOI for theU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

3 duration of this permit unless coverage is terminated pursuant to Parts 1.2.5 or

1.3. If a submitted NOI is not timel y, accurate, or complete, then any employee, contractor, subcontractor or other entity that discharges without the required NOI is not covered by this permit.

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 to wa ters of the U.S. resulting from the application of pesticides:

a. If you are in control over the financing for, or over the decision to perform pest control activities that will result in a discharge and know or reasonably should have known that those activities will exceed one or more of the annual (i.e., calendar year) treatment area thresholds listed in Table 1 below for the “treatment area,” as defined in Appendix A, or

b. If you apply pesticides that result in a discharge and know or reasonably

should have known that those activities will exceed one or more of the pesticide application annual (i.e., calendar year) treatment area thresholds listed in Table 1 below for the “treatment area,” as defined in Appendix A. To determine whether an entity’s activities will exceed one or more of the annual treatment area thresholds, the entity should exclude from its calculation any pesticide applicati on activities conducted under another entity’s NOI required under (a) above.

Table 1. Annual Treatment Area Thresholds

PGP Part Pesticide Use Annual Threshold 2.2.1 Mosquitoes and Other Flying Insect Pests 640 acres of treatment area

Aquatic Weed and Algae Control:

- In Water 20 acres of treatment area 1 2.2.2

- At Water’s Edge: 20 linear miles of treatment area at water’s edge 2
Aquatic Nuisance Animal Control:

- In Water 20 acres of treatment area 1 2.2.3

- At Water’s Edge 20 linear miles of treatment area at water’s edge 2
2.2.4 Forest Canopy Pest Control 640 acres of treatment area

1 Calculations should include the area of the applications made to: (1) waters of the U.S. and (2) conveyances with a hydrologic surface connection to waters of the U.S. at the time of pesticide application. For calculating annual treatment area totals, count each pesticide application activity as a separate activity. For example, applying pesticides twice a year to a ten acre site should be counted as twenty acres of treatment area.

2 Calculations should include the linear extent of the application made at water’s edge adjacent to: (1) waters of the U.S. and (2) conveyances with a hydrologic surface connection to waters of the U.S. at the time of pesticide application. For calculating annual treatment totals, count each pesticide application activity and each side of a linear water body as a separate activity or area . For example, treating both sides of a ten mile ditch is equal to twenty miles of water treatment area. Deleted: areaU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

4 Information required to be included in an NOI is provided in Appendix D. Operators must submit an NOI to EPA us ing the electronic Notice of Intent (eNOI) system (accessible at www.epa.gov/npdes/ ...). EPA will immediately post on the Internet, at www.epa.gov/npdes/... , all NOIs received. Late NOIs will be accepted, but authorization to discharge will not be retroactive. NOI

submissions must be in accordance with the deadlines in Part 1.2.3.

1.2.3 Discharge Authorization Date. Beginning April 9, 2011, you must be covered under an NPDES permit for discharges to waters of the U.S. as a result of the application of a pesticide. Operators are authorized to discharge under this permit consistent with Table 2 below.

Table 2. Discharge Authorization Date

Category NOI Submittal

Deadline Discharge Authorization Date Operators not required to

submit an NOI. Not applicable. Immediately.

Operators who know or should have reasonably known, prior

to commencement of discharge, that they will

exceed an annual treatment

area threshold identified in Part 1.2.2 for that year. At least 10 days prior to

commencement of discharge. No earlier than 10 days after EPA posts on the Internet receipt of your complete and accurate NOI.

Operators who do not know or would reasonably not know

until after commencement of discharge, that they will

exceed an annual treatment

area threshold identified in Part 1.2.2 for that year. At least 10 days prior to exceeding

an annual treatment

area threshold. Original authorization terminates

when annual treatment area threshold is exceeded. Operator is reauthorized no earlier than 10 days after EPA posts on the Internet receipt of your complete and accurate NOI.

Operators commencing discharge in response to a declared pest emergency

situation as defined in Appendix A. No later than 30 days after

commencement of discharge. 1 Immediately, for activities conducted in response to declared pest emergency situation.

Timing for NOI submittal is based on when an operator is aware or reasonably should be aware through consideration of past experience, planned activities, planning, and other analyses, that it will exceed an annual treatment area threshold during the calendar year, not on the time when the threshold is actually exceeded. For example, many large operators have exceeded the threshold the last several years and have no reason to believe activities will change such that they will not exceed these thresholds in the future. For those operators, NOIs are due prior to comm encement of any discharge under this permit.

1 In the event that a discharge occurs prior to your submitting an NOI, you must comply with all other requirements of this permit immediately. Deleted: if a complete and accurate NOI has not been received by this timeU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

5 Based on a review of your NOI or ot her information, EPA may delay yourauthorization for further review, or may determine that additional technologybased and/or water qualit y-based effluent limitations are necessary, or may deny coverage under this permit and requi re submission of an application for an individual NPDES permit, as detailed in Part 1.3.

1.2.4 Continuation of this Permit. If this permit is not reissued or replaced prior to the expiration date, it will be administratively continued in accordance with

40 CFR 122.6 and remain in force and ef fect. If you were authorized to discharge under this permit prior to the expiration date, any discharges authorized under this permit will automatically remain covered by this permit

until the earliest of:

a. Your authorization for coverage un der a reissued permit or a replacement of this permit following your timely and appropriate submittal of a complete NOI requesting authorization to discharge under the new permit and compliance with the requirements of the NOI;

b. The processing and posting of your Notice of Termination consistent with Part 1.2.5.1;

c. The issuance or denial of an individual permit for a discharge resulting from application of a pesticide that would otherwise be covered under this permit;

d. A formal permit decision by EPA not to reissue this general permit, at which time EPA will identify a reasonable time period for covered dischargers to seek coverage under an alternative general permit or an individual permit. Coverage under this permit will cease when coverage under another permit is granted/authorized; or

e. EPA has informed you that you are no longer covered under this permit.

1.2.5 Terminating Coverage

1.2.5.1 Submitting a Notice of Termination. To terminate permit coverage, an operator 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. Operators required to submit a Notice of Termination should submit that information electronically at www.epa.gov/npdes/... . Your authorization to discharge under this permit terminates at midnight of the day that a complete Notice of Termination is processed and posted on EPA’s website ( www.epa.gov/npdes/... ). If you submit a Notice of Termination without meeting one or more of the conditions identified in Part 1.2.5.2, then your

Notice of Termination is not valid. Y ou are responsible for complying withU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

6 the terms of this permit until your authorization is terminated. If you met the annual treatment area threshold for having to submit annual reports pursuant to Part 7, you must file an annual report for the portion of the year up through the date of your termination. The annual report is due no later than 45 days after your termination date.

1.2.5.2 When to Submit a Notice of Termination. An operator 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 operator has taken over responsibility of your pest control activities covered under an existing NOI;

b. You have ceased all discharges fro m the application of pesticides for which you obtained permit coverage and you do 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. You have obtained coverage under an individual permit or an alternative general permit for all discharges required to be covered by an NPDES permit, unless you obtained coverage consistent with Part 1.3, in which case coverage under this permit will terminate automatically.

1.2.5.3 Operators covered under this permit th at are not required to submit an NOI are terminated from permit coverage when they no longer have a discharge from the application of pesticides or their discharges are covered under an NPDES individual permit or alternative NPDES general permit.

1.3 Alternative Permits

1.3.1 EPA Requiring Coverage under an Alternative Permit. EPA may require you to apply for and/or obtain authorization to discharge under either an individual NPDES permit or an alternative NPDES general permit in

accordance with 40 CFR 122.64 and 124. 5. If EPA requires you to apply for an individual NPDES permit, EPA will notify you in writing that a permit application is required. This notification will include a brief statement of the reasons for this decision and will provide application information. In addition, if you are an operator whose discharges are authorized under this permit, the notice will set a deadline to file the permit application, and will include a statement that on the effective date of the individual NPDES permit, or the alternative general permit as it applies to you, coverage under this general permit will terminate. EPA may grant additional time to submit the application if you submit a request setting forth reasonable grounds for additional time. If you are covered unde r this permit and fail to submit an individual NPDES permit applicatio n as required by EPA, then the applicability of this permit to you is term inated at the end of the day specified Deleted: under authority o f

Deleted: .1U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

7 by EPA as the deadline for application submittal. EPA may take enforcement action for any unpermitted discharge or vi olation of any permit requirement.

1.3.2 Operator Requesting Covera ge under an Alternative Permit. If you do not want to be covered by this general permit, but need permit coverage, you can apply for an individual permit. In such a case, you 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 individual pe rmit or authorization of coverage under an alternative general permit if your reasons are warranted.

When an individual NPDES permit is issued to you or you are authorized under an alternative NPDES general permit to discharge a pollutant to waters of the U.S. as a result of a pesticid e application, your authorization to discharge under this permit is terminated on the effective date of the individual permit or the date of authoriz ation of coverage under the alternative 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; in the event that 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. You must comply with all other applicable federal and state laws and regulations that pertain to your application of pesticides. For example, this permit do es not negate the requirements under FIFRA and its implementing re gulations to use registered pesticides consistent with the product's labeling. Additionally, there are other laws and regulations that may 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.

1.6.1 Additional Requirements to Protect Li sted Species and Critical Habitat.

[Procedures to assist in protecting listed species and critical habitat are currently being considered by EPA in consultation with the National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS)

under section 7 of the ESA. Additional discussion of the nature of permit conditions being discussed for incorporation into the final permit is provided in Part III.10.F of the permit fact sheet.]U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

8 1.6.2 Compliance with Any Pre-Existing ESA Actions. You must comply with all conditions and/or requirements that address discharges from activities also covered under this permit resulting from any pre-existing:

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

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

[EPA may include additional effluent limitations and/or recommendations specific to protection of federally listed threatened and endangered species and federally-designated critical habitat based on ongoing consultation with FWS and NMFS.]

2.0 Technology-Based Effluent Limitations

To meet the effluent limitations in Part 2, you must implement site-specific control measures that minimize discharges of pesticides to waters of the U.S. The terms “minimize” and “control measure” are defined in Appendix A.

2.1. Minimize Pesticide Discharges to Waters of the United States. All operators, regardless of whether you are required to submit an NOI, must minimize the discharge of pollutants resulting from the application of pesticides. All operators must also do the following:

2.1.1. Use the lowest effective amount of pesticide product per application and optimum frequency of pesticide applicat ions necessary to control the target pest, consistent with reducing the potent ial for development of pest resistance;

2.1.2. Perform regular maintenance activities to reduce leaks, spills, or other unintended discharges of pesticides associated with the application of pesticides covered under this permit; and

2.1.3. Maintain pesticide application equipment in proper operating condition by adhering to any manufacturer’s conditions and industry practices, and by calibrating, cleaning, and repairing such equipment on a regular basis to ensure effective pesticide application and pest control. You must ensure that the equipment’s rate of pesticide application is calibrated to deliver the precise quantity of pesticide needed to achieve greatest efficacy against the target

pest.

2.2. Integrated Pest Ma nagement (IPM) Practices

This Part applies to any entity that is required to submit an NOI, as required in Part 1.2.2, including any pesticide applicator hired by such entity or any other employee, contractor, subcontractor or other agent. Deleted:

,U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

9 If your discharge of pollutants results from the application of a pesticide that is being used solely for the purpose of “pesticide research and development,” as defined in Appendix A, you are not required to fully implement Part 2.2 for such discharge, but you still must implement Part 2.2 to the extent that its requirements do not compromise the research design.

Note: Part 5 of this permit requires an y operator that is required to submit an NOI and comply with the provisions of Part 2.2 to also develop a written Pesticide Discharge Management Plan (PDMP) to document measures taken

to meet the effluent limits.

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.

2.2.1.1. Identify the Problem . Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must do the following for each pest management area, as defined in Appendix A:

2.2.1.1.1 Establish densities for larval and adult mosquito or flying insect pest populations to serve as action threshold( s) for implementing pest management strategies;

2.2.1.1.2 Identify target mosquito or flying insect pest species to develop speciesspecific pest management strategies based on developmental and behavioral considerations for each species;

2.2.1.1.3 Identify known breeding sites for source reduction, larval control program, and habitat management;

2.2.1.1.4 Analyze existing surveillance data to id entify new or unide ntified sources of mosquito or flying insect pest problems as well as sites that have recurring pest problems; and

2.2.1.1.5 In the event there are no data for your pest management area in the past calendar year, see Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit

conditions in Part 2.2.1.1.

2.2.1.2 Pest Management . Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must sele ct and implement, for each pest management area, efficient and effective means of pest management that minimize discharges resulting from application of pesticides to control mosquitoes or other flying insect pests. In developing these pest management strategies, you must evaluate the following management options

, considering impact to water Deleted: consistent with the paragraph

above

Deleted: only

Deleted: those

Deleted: may

Deleted: any

Deleted: or record keeping

Deleted: of

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10 quality, impact to non-target organisms, pest resistance, feasibility, and cost

effectiveness:

a. No action

b. Prevention

c. Mechanical or physical methods

d. Cultural methods

e. Biological control agents

f. Pesticides

2.2.1.3 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 a waters of the U.S., you must:

2.2.1.3.1 Conduct larval and/or adult surveillance prior to each pesticide application to assess the pest management area and to determine when action threshold(s) are met that necessitate the need for pest management;

2.2.1.3.2 Assess environmental conditions (e.g. te mperature, precipitation, and wind speed) in the treatment area prior to each pesticide application to identify whether existing environmental conditions support development of pest populations and are suitabl e for control activities;

2.2.1.3.3 Reduce the impact on the environment and on non-target organisms by applying the pesticide only when the action threshold has been met;

2.2.1.3.4 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 larval action thresholds have been met; and

2.2.1.3.5 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 adult action thresholds have been met.

2.2.2 Aquatic Weed and Algae Control

This part applies to discharges from the application of pesticides for aquatic weed and algae control as defined in Part 1.1.1.

2.2.2.1 Identify the Problem. Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year you must do the following for each pest management area, as defined in Appendix A:

2.2.2.1.1 Identify areas with aquatic weed or algae problems and characterize the extent of the problems, including, for example, water use goals not attained (e.g. wildlife habitat, fisheries, vegetation, and recreation);

2.2.2.1.2 Identify target weed species;U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

11 2.2.2.1.3 Identify possible factors causing or cont ributing to the weed or algae problem (e.g., nutrients, invasive species, etc);

2.2.2.1.4 Establish past or present aquatic weed or algae densities to serve as action threshold(s) for implementing pest management strategies; and

2.2.2.1.5 In the event there are no data for your pest management area in the past calendar year, see Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit

conditions in Part 2.2.1.1.

2.2.2.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must sele ct and implement, for each pest management area, efficient and effective means of pest management that minimize discharges resulting from application of pesticides to control aquatic weeds or algae. In developing these pest management strategies, you must evaluate the following management options

, considering impact to water quality, impact to nontarget organisms, pest resistance, feasibility, and cost effectiveness:

a. No action

b. Prevention

c. Mechanical or physical methods

d. Cultural methods

e. Biological control agents

f. Pesticides

2.2.2.3 Pesticide Use. If a pesticide is selected to manage aquatic weeds or algae and application of the pesticide will result in a discharge to waters of the U.S., you

must:

2.2.2.3.1 Conduct surveillance prior to each pesticide application to assess the pest management area and to determine when the action threshold is met that necessitates the need for pest management; and

2.2.2.3.2 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 Aquatic Nuisance Animal Control

This part applies to discharges from the application of pesticides for aquatic

nuisance animal control as defined in Part 1.1.1.

2.2.3.1 Identify the Problem. Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must do the following for each pest management area, as defined in Appendix A: Deleted: any

Deleted: or record keeping

Deleted: of

Deleted: ;U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

12 2.2.3.1.1 Identify areas with aquatic nuisance animal problems and characterize the extent of the problems, including, for example, water use goals not attained (e.g. wildlife habitat, fisheries, vegetation, and recreation);

2.2.3.1.2 Identify target aquatic nuisance animal species;

2.2.3.1.3 Identify possible factors causing or contributing to the problem (e.g., nutrients, invasive species);

2.2.3.1.4 Establish past or present aquatic nuisance animal densities to serve as action threshold(s) for implementing pest management strategies; and

2.2.3.1.5 In the event there are no data for your pest management area in the past calendar year, see Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit

conditions in Part 2.2.1.1.

2.2.3.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each year thereafter prior to the first pesticide application during that calendar year, you must select and implement, for each pest management area, efficient and effective means of pest manageme nt that minimize discharges resulting from application of pesticides to c ontrol aquatic nuisance animals. In developing these pest management strategies, you must evaluate the following management options

, considering impact to water quality, impact to nontarget organisms, pest resistance, feasibility, and cost effectiveness:

a. No action.

b. Prevention

c. Mechanical or physical methods

d. Biological control agents

e. Pesticides

2.2.3.3 Pesticide Use. If a pesticide is selected to manage aquatic nuisance animals and application of the pesticide will result in a discharge to waters of the U.S.,

you must:

2.2.3.3.1 Conduct surveillance prior to each application to assess the pest management

area and to determine when the action threshold is met that necessitates the need for pest management; and

2.2.3.3.2 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 has been

met.

2.2.4 Forest Canopy Pest Control

This part applies to discharges from th e application of pesticides for forest canopy pest control as defined in Part 1.1.1. Deleted: any

Deleted: or record keeping

Deleted: of

Deleted: ;U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

13 2.2.4.1 Identify the Problem . Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application in that calendar year, you must do the following for each pest management area, as defined in Appendix A:

2.2.4.1.1 Establish target pest densities to serve as action threshold(s) for implementing pest management strategies;

2.2.4.1.2 Identify target species to develop a species-specific pest management strategy based on developmental and behavioral considerations for each species;

2.2.4.1.3 Identify current distribution of the target pest and assess potential distribution in the absence of control measures; and

2.2.4.1.4 In the event there are no data for your pest management area in the past calendar year, see Part 5 for documentation requirements regarding why current data are not available and the data you used to meet the permit

conditions in Part 2.2.1.1.

2.2.4.2 Pest Management. Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, you must sele ct and implement for each pest management area efficient and effective means of pest management that minimize discharges resulting from application of pesticides to control forestry pests. In developing these pest management strategies, you must evaluate the following management options

, considering impact to water quality, impact to nontarget organisms, pest resistance, feasibility, and cost effectiveness:

a. No action

b. Prevention

c. Mechanical/physical methods

d. Cultural methods

e. Biological control agents

f. Pesticides

2.2.4.3 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 U.S., you

must:

2.2.4.3.1 Conduct surveillance prior to each application to assess the pest management area and to determine when the pest action threshold is met that necessitates the need for pest management;

2.2.4.3.2 Assess environmental conditions (e.g. te mperature, precipitation, and wind speed) in the treatment area to identify conditions that support target pest development and are conducive for treatment activities; Deleted: any

Deleted: or record keeping

Deleted: of

Deleted: ;U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

14 2.2.4.3.3 Reduce the impact on the environment and non-target organisms by evaluating the restrictions, applicati on timing, and application methods in addition to applying the pesticide only when the action thresholds have been met; and

2.2.4.3.4 Evaluate using pesticides against the most susceptible developmental stage.

3.0 Water Quality-Based Effluent Limitations

Your discharge must be controlled as necessary to meet applicable numeric

and narrative state, territory, or tribal water quality standards

.

If at any time you become aware, or EPA determines, that your discharge causes or contributes to an excursion of applicable water quality standards, you must take corrective action as required in Part 6.

4.0 Site Monitoring

4.1 Monitoring Requirements for Pesticide Applicators. You must monitor the amount of pesticide applied to ensure that you are using the lowest amount to effectively control the pest, consistent with reducing the potential for development of pest resistance. You must also monitor your pesticide application activities to ensure you are performing regular maintenance activities and to ensure that your application equipment is in proper operating condition to reduce the potential for leaks, spills, or other unintended discharge of pesticides to waters of the U.S. Additionally, you must monitor your pesticide application activities to ensure that the application equipment is in proper operating condition by adhering to any manufacturer’s conditions

and industry practices, and by calibrating , cleaning, and repairing equipment on a regular basis.

4.2 Visual Monitoring Requirements for all Operators. All operators covered under this permit must conduct spot checks in 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 but not limited to the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use. Visual assessments of the application site must be performed:

a. During any post-application survei llance or efficacy check that you conduct, if surveillance or an efficacy check is conducted. b. During any pesticide application, when considerations for safety and feasibility allow. Deleted: Any

Deleted: that causes or contributes

Deleted: an excursion of any

Deleted: or

Deleted: EPA-approved

Deleted: or EPA- p romulgated

Deleted: standard is prohibited and is a violation of this permit

Deleted:

,U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

15 5.0. Pesticide Discharge Management Plan

This Part applies to any operator required to submit an NOI, as required in Part 1.2.2. Some sections of the Pesticide Discharge Management Plan (PDMP) will require input from the pesticide applicator.

If you are required to submit an NOI , you must prepare a PDMP for your pest

management area . You must keep the plan up-to-date thereafter for the duration of coverage under this general permit , even if your discharges subsequently fall below the applicable NOI threshold. You must develop a

PDMP consistent with the deadline outlined in Table 3 below.

Table 3. Pesticide Discharge Management Plan Deadline Category PDMP Deadline

Operators not required to submit an NOI. Not applicable

Operators who know or should have reasonably known, prior to commencement of discharge, that they

will exceed an annual treatment area threshold identified in Part 1.2.2 for that year. Prior to first pesticide application covered under this permit.

Operators who do not know or would reasonably not know until after commencement of discharge, that they

will exceed an annual treatment area threshold identified in Part 1.2.2 for that year. Prior to exceeding an annual

treatment area threshold.

Operators commencing discharge in response to a declared pest emergency situation as defined in Appendix A that will cause the operator to exceed an

annual treatment area threshold. No later than 90 days after responding to declared pest emergency situation.

The PDMP does not contain effluent limit ations; the limitations are contained in Parts 2 and 3 of the permit. The PDMP documents how you will implement the effluent limitations in Parts 2 and 3 of the permit, including your

evaluation and selection of control measures to meet those effluent limitations and minimize discharges. In your PDMP, you may incorporate by reference any procedures or plans in other documents that meet the requirements of this permit. If you rely upon other documents to describe how you will comply with the effluent limitations in this permit, such as a pre-existing integrated pest management (IPM) plan, you must attach to your PDMP a copy of any portions of any documents that you are using to document your implementation of the effluent limitations. All operators subject to the effluent limitations described above must implement control measures to satisfy the effluent limitations in Parts 2 and 3. This includes the operator who submitted the NOI as well as any em ployees, contractors, subcontractors, or other agents. The control measures implemented must be documented and the documentation must be kept up-to-date. Deleted: Within 90 days of when you know or reasonably should have known that you will exceed

Deleted: annual treatment area threshold during any calendar year, as

identified in Part 1.2.2

Deleted: activities. If you have met the

annual treatment

Deleted: threshold to develop a PDMP,

you

Deleted:

.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

16 5.1 Contents of Your Pesticide Discharge Management Plan

Your PDMP must include the following elements:

a. Pesticide Discharge Management Team

b. Pest Management Area Description

c. Control Measure Description

d. Schedules and Procedures

1. Pertaining to Control Measures Used to Comply with the Effluent

Limitations in Part 2 a. Application Rate and Frequency Procedures b. Spill Prevention Procedures c. Pesticide Application Equipment Procedures

d. Pest Surveillance Procedures e. Assessing Environmental Conditions Procedures

2. Pertaining to Other Actions Nece ssary to Minimize Discharges a. Spill Response Procedures b. Adverse Incident Response Procedures c. Pesticide Monitoring Schedules and Procedures

e. Documentation to Support Eligibility Considerations under Other Federal

Laws

f. Signature Requirements.

5.1.1 PDMP Team. You 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 develo ping and revising the PDMP;

c. Person(s) responsible for developi ng, revising, and implementing corrective actions and other effluent limitation requirements ; and

d. Person(s) responsible for pesticide applic ations. If the pesticide applicator is unknown at the time of plan developm ent, indicate whether or not a forhire applicator will be used and when you anticipate that you will identify the applicator.

Identification of team members must include any written agreement(s) between you and any other operator(s), su ch as a for-hire pesticide applicator, that specify the division of responsibilities between operators as necessary to comply with the provisions of this permit. Deleted: those activities that will be performed by

Deleted: other entitiesU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

17 5.1.2 Pest Management Area Description. You must document the following:

a. Pest problem description. Document a description of the pest problem at your pest management area, including identification of the target pest(s), source 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.

b. Action Threshold(s). Describe the action threshold(s) for your pest management area, including a description of how they were determined.

c. General location map. In the plan, include a general location map (e.g., USGS quadrangle map, a portion of a ci ty 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 U.S.; and

d. Water quality standards. Document th e water quality standards applicable to waters to which there may be a discharge, including the list of pesticide(s) or any degradates for which the water is impaired.

5.1.3 Control Measure Description. You must document your evaluation of control measures for your pest management area. You must document the control measures you will implement to co mply with the effluent limitations required in Parts 2 and 3. Include in the description the active ingredient(s)

evaluated.

5.1.4 Schedules and Procedures. You must document the following schedules and procedures in your PDMP:

5.1.4.1 Pertaining to Control Measures Used to Comply with the Effluent Limitations in Part 2. The following must be documented in your PDMP:

a. Application Rate and Frequency. (Par t 2.1.1) Procedures for determining the lowest effective amount of pest icide product per a pplication and the optimum frequency of pesticide applications necessary to control the target pest, consistent with reducing the potential for development of pest
resistance ; b. Spill Prevention. (Part 2.1.2) Procedures and schedule of maintenance activities for preventing spills and leaks of pesticides associated with the application of pesticides covered under this permit.

c. Pesticide Application Equipment. (Par t 2.1.3) Schedules and procedures for maintaining the pesticide application equipment in proper operating condition, including calibrating, clean ing, and repairing the equipment.

d. Pest Surveillance. (Parts 2.2.1.3, 2.2.2.3, 2.2.3.3, and 2.2.4.3) Procedures and methods for conducting pre- application pest surveillance.

e. Assessing Environmental Conditions. (Parts 2.2.1.3.2 and 2.2.4.3.3) Procedures and methods for assessing environmental conditions in the

treatment area. Deleted: minimize discharges from application

Deleted: p esticideU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

18 5.1.4.2 Pertaining to Other Actions Necessary to Minimize Discharges. The following must be documented in your PDMP:

a. Spill Response Procedures – At a minimum you must have:

1. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and other releases. 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 your PDMP team.

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

b. Adverse Incident Response Procedures – At a minimum you must have:

1. Procedures for responding to any incident resulting from pesticide applications;

2. Procedures for notification of the incident, both internal to your 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.

c. Pesticide Monitoring Schedules and Procedures – You must document procedures for monitoring consistent with the requirements in Part 4 including:

1. The process for determining the location of any monitoring; 2. A schedule for monitoring; 3. The person (or position) responsible for conducting monitoring; and 4. Procedures for documenting a ny observed impacts to non-target organisms resulting from your pesticide discharge.

5.1.5 Signature Requirements. You must sign, date and certify your PDMP in accordance with Appendix B, Subsection B.11.

5.2 Pesticide Discharge Management Plan Modifications. You must modify your 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 your PDMP must be made before the next pesticide application that results in a discharge, if practicable, or if not, as soon as possible thereafter. The revised PDMP must be signed and dated in accordance with Appendix B,

Subsection B.11.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

19 You must review your PDMP at a mi nimum once per calendar year and whenever necessary to update the pest problem identified and pest

management strategies evaluated for your pest management area.

5.3 Pesticide Discharge Management Plan Availability. You 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 av ailable, upon request, and copies of any of these documents provided, upon request, to EPA; a State, Territorial, Tribal, or local agency governing discharges or pesticide applications within their respective jurisdictions; and representatives of the U.S. Fish and Wildlife Service (USFWS) or the National Marine Fisheries Service (NMFS). EPA may provide copies of your 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 CF R Part 2, may be withheld from the public provided that a claim of confid entiality 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.

6.0 Corrective Action

6.1 Situations Requiring Revision of Control Measures. If any of the following situations occur, you must review and, as necessary, revise the evaluation and selection of your control me asures to ensure that the situation is eliminated and will not be repeated in the future:

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. You become aware, or EPA concludes, that your control measures are not adequate/sufficient for the discharge to meet applicable water quality standards; c. Any monitoring activities indicate that you failed to:

1. Use the lowest amount of pesticide produce per application and optimum frequency of pesticide applications necessary to control the target pest, consistent with reducing the potential for development of pest resistance; 2. Perform regular maintenance activities to reduce leaks, spills, or other unintended discharges of pesticides associated with the application of pesticides covered under this permit; or 3. Maintain pesticide application equipment in proper operating condition by adhering to any manufacturer’s conditions and industry practices, and by calibrating, cleaning, and repairing such equipment Deleted:

,U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

20 on a regular basis to ensure effec tive pesticide application and pest control. You must ensure that the equipment’s rate of pesticide application is calibrated to deliver the precise minimum quantity of pesticide needed to achieve greatest efficacy against the target pest.

d. An inspection or evaluation of your activities by an EPA official, or local, State, Territorial or Tribal entity, reveals that modifications to the control measures are necessary to meet the non-numeric effluent limits in this permit, or

e. You observe, for example, during visual monitoring that is required in Part 4.2, or are otherwise made aware of, an adverse incident, as defined in Appendix A.

6.2. Corrective Action Deadlines. If you determine that changes to your control measures are necessary to eliminate any situation identified in Part 6.1, such changes must be made before the next pesticide application that results in a discharge if practicable, or if not, as soon as possible thereafter.

6.3 Effect of Corrective Action. The occurrence of a situation identified in Part 6.1 may constitute a violation of the permit. Correcting the situation according to Part 6.1 does not absolve you of liability for any original violation. However, failure to comply with Part 6.1 constitutes an additional permit violation. EPA will consider the appropriateness and promptness of corrective action in determining enforcement respons es to permit violations.

EPA or a court may impose addition al 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 specif ied in this permit. Those requirements and schedules will supersede those of Part 6.1 if such requirements conflict.

6.4 Adverse Incident Documentation and Reporting

6.4.1 Twenty-Four (24) Hour Adverse Incident Notification

If you observe or are otherwise made aware of an adverse incident, as defined in Appendix A, that may have resulted from a discharge from your pesticide application, you must immediately notify your EPA Incident Reporting Contact, as identified at www.epa.gov/npdes/... . This notification must be made by telephone within 24 hours of you 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 tracking number;U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

21 d. The name and telephone number of a contact person, if different than the person providing the 24-hour notice; e. How and when you became aware of the adverse incident; f. Description of the locati on of the adverse incident; g. Description of the adverse incide nt identified and the EPA pesticide registration number for each product you applied in the area of the adverse incident; and h. Description of any steps you have ta ken or will take to correct, repair, remedy, cleanup, or otherwise address any adverse effects.

If you are unable to notify EPA within 24 hours, you must do so as soon as possible and also provide your rationale for why you were 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.

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

(1) You are aware of facts that clearly establish that the adverse incident was not related to toxic effects or expos ure from the pesticide application.

(2) You have been notified in writing by EPA that the reporting requirement has been waived for this incident or category of incidents.

(3) You receive information notifying you of an adverse incident but that information is clearly erroneous.

(4) An adverse incident occurs to pests that are similar in kind to pests

identified as potential targets on the FIFRA label.

6.4.2 Five (5) Day Adverse Incident Written Report. Within five (5) days of a reportable adverse incident pursuant to Part 6.4.1, you must provide a written report of the adverse incident to the a ppropriate 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 ). Your 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 you c ontacted EPA notifying the Agency of the adverse incident and who you spoke with at EPA and any instructions you received from EPA; Deleted: Adverse incidents

Deleted: ; excluding any event that

involves a toxic effect to an unrelated species (e.g., an herbicide kills fish, even if those fish are regarded as pests) unless that unrelated species is otherwise

identified on the FIFRA labelU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

22 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 effected area (e.g. aquatic square area or total stream distance affected); f. Pesticide application rate, intended use site (e.g., banks, above, or direct to water), method of a pplication, and name of pesticide product, description of pesticide ingredients, and EPA registration number; g. Description of the habitat and th e circumstances under which the adverse incident occurred (including any available ambient water data for pesticides applied); h. If laboratory tests were performed, indicate what test(s) were performed, and when, and provide a summary of th e test results within 5 days after they become available; i. If applicable, explain why you believe the adverse incident could not have been caused by exposure to the pesticide; j. Actions to be taken to prevent recurrence of adverse incidents; and k. Signed and dated in accordance with Appendix B, Subsection B.11.

You must report adverse incidents even for those instances when the pesticide labeling states that adverse effects may occur.

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 you become aware of an adverse incident to a federally-listed threatened or endangered species or its federally-designated critical habitat, that may have resulted from a discharge from your pesticide application, you must immediately notify the National Marine Fisheries Service (NMFS) at

XXX-XXX-XXXX in the case of an anadromous or marine species, or the

U.S. Fish and Wildlife Service (FWS) at XXX-XXX-XXXX in the case of a terrestrial or freshwater species. This notification must be made by telephone immediately upon you r becoming aware of the adverse incident and must include at least the following information:

• The caller’s name and telephone number;

• Operator name and mailing address;

• The name of the affected species;

• How and when you became aware of the adverse incident;

• Description of the location of the adverse incident;

• Description of the adverse incident, including the EPA pesticide registration number for each product you applied in the area of the adverse incident; and Deleted: observe or are otherwise made

Deleted: aU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

23 • Description of any steps you have take n 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.

6.5 Reportable Spills and Leaks

6.5.1 Spill, Leak, or Other Unpermitted Discharge Notification

Where a leak, spill, or other release cont aining 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, you must notify the National Response Center (NRC) 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 you have 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 Five-Day Spill, Leak, or Other Unpermitted Discharge Documentation

Within 5 days of you becoming aware of a spill, leak, or other unpermitted discharge triggering the notification in Part 6.5.1, you must document and retain the following information:

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; 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), you must document the situation triggering corrective action and your pl anned corrective action within five (5) days of you becoming aware of that situation and retain a copy of this

documentation. This documentation must include the following information:U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

24 a. Identification of the condition triggering the need for corrective action review, including any ambient water qua lity 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 and 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.

7.0 Recordkeeping and Annual Reporting

You must keep written records as required in this permit. These records must be accurate and complete and sufficient to demonstrate your compliance with the conditions of this permit. You can rely on records and documents developed for other obligations, such as requirements under FIFRA, and state or local pesticide programs, provided all requirements of this permit are

satisfied.

EPA recommends that all operators covered under this permit keep records of acres or linear miles treated for all appl icable use patterns covered under this general permit. The records should be kept up-to-date to help you determine if you will meet the annual treatment area threshold during any calendar year,

as identified in Part 1.2.2.

7.1 . All operators must keep the following records:

a. A copy of this permit (an electronic copy is also acceptable) b. A copy of any Adverse Incident Reports (See Part 6.4.2) c. Your rationale for any determination that reporting of an identified adverse incident is not required consistent with allowances identified in

Part 6.4.1. d. A copy of any corrective action documentation (See Part 6.6)

7.2 . This part applies to any entity required to submit an NOI and to any pesticide applicator hired by such entity to perform activities covered under this permit. Records listed below are required to be kept at the address provided on the NOI, as identified in Part 1.2.2. Records of equipment maintenance and calibration are to be maintained only by the entity performing the pest application activity (on behalf of self or client).U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

25 a. A copy of the NOI submitted to EPA, any correspondence exchanged between you and EPA specific to cove rage under this permit, and a copy of the EPA acknowledgment letter assigning your permit tracking number; b. The date on which you knew or reasonably should have known that you would exceed an annual treatment area threshold during any calendar year, as identified in Part 1.2.2; c. Surveillance method(s) used, date(s) of surveillance activities, and findings of surveillance; d. Target pest(s); e. Pest density prior to pesticide application; f. Company name and contact information for pesticide applicator g. Pesticide application date(s); h. Description of treatment area, includ ing location and size (acres or linear feet) of treatment area and identificati on of any waters, either by name or by location, to which you discharged any pesticide(s); i. Name of each pesticide product used including the EPA registration number; j. Quantity of pesticide applied (and specify if quantities are for the pesticide product as packaged or as formulated and applied) k. Concentration (%) of active ingredient in formulation; l. For pesticide applications directly to waters, the effective concentration of active ingredient required for control; m. Any unusual or unexpected effects identified to non-target organisms n. Documentation of any equipment clea ning, calibration, and repair (to be kept by pesticide application equipment operator); o. A copy of your PDMP, including any modifications made to the PDMP during the term of this permit.

7.3. All required records must be documented as soon as possible but no later than 14 days following completion of such ac tivity. You must retain any records required under this permit for at least 3 years from the date that your coverage under this permit expires or is terminat ed. You 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.

7.4. ANNUAL REPORTING: If you are required to submit an NOI, as required in Part 1.2.2, you must submit an annual report to EPA Once you meet the obligation to submit an annual report, you must submit an annual report each calendar year thereafter for the duration of coverage under this general permit, whether or not you have discharges from the application of pesticides in any subsequent calendar year. You must s ubmit the annual report electronically through EPA’s online data management system (eNOI). You must submit the annual report to EPA no later than February 15 of the following year (and retain a copy for your records) for all pesticide activities covered under this permit occurring during the previous calendar year.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

26 The annual report 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 effective date of the NOI. If the effective date is after December 1, you are not required to submit an annu al report for that first partial year but must submit annual reports thereafter, with the first annual report submitted also including information from the fi rst partial year. When you terminate permit coverage, as specified in Part 1.2.5, you must submit an annual report for the portion of the year up through the date of your termination. The annual report is due no later than 45 da ys after your termination date, or February 15 of the following year, whichever is earlier.

The annual report must contain the following information:

a. Operator’s name b. NPDES permit tracking number(s) c. Contact person name, title, e-ma il address (if any), and phone number d. For each pest treatment area, report the following information:

1. Identification of any waters or other treatment area, including size, either by name or by location, to which you discharged any pesticide(s);

2. Pesticide use pattern(s) (i.e., mosquito and other flying insects, aquatic weeds and algae, aquatic nuisance animals, or forest canopy) and target pest(s);

3. Company name(s) and contact information for pesticide applicator(s), if different from the NOI submitter;

4. Total amount of each pesticide pr oduct applied for the reporting year by the EPA registration number(s) and by application method (e.g., aerially by fixed-wing or rotary ai rcraft, broadcast spray, etc.); 5. Whether this pest control activity was addressed in your 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. A description of any corrective action(s), including spill responses, resulting from pesticide application activities and the rationale for such action(s).

8.0 EPA Contact Information and Mailing Addresses

Notices of Intent and Notices of Termination must be submitted using EPA’s eNOI system ( www.epa.gov/npdes/eNOI ).

All Incident Reports under Part 6.4 must be sent within five (5) days of you becoming aware of the adverse incident to the EPA Regional offices (see Part 8.2) and to the State Lead Agency for pesticide regulation (see http://npic.orst.edu/state1.htm ). Deleted: point at which you exceeded

Deleted: annual treatment area

threshold.

Deleted: you first exceed an annual

treatment area thresholdU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

27 All other written correspondence concerning discharges in any State, Territory, 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 dischargers (eit her 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 U.S. mail :

U.S. Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, D.C. 20460

Or Via Overnight/Express Delivery :

U.S. Environmental Protection Agency Office of Water, Water Permits Division Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, D.C. 20004

Phone number: 202-564-9545

8.2 EPA Regional Addresses

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

U.S. EPA Region 1 Office of Ecosystem Protection 5 Post Office Square - Suite 100

Mail code OEP 06-1 Boston, MA 02109-3912U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

28 8.2.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.

For Puerto Rico and the Virgin Islands U.S. 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: U.S. EPA Region 2

Division of Environmental Planning and Protection 290 Broadway New York, NY 10007-1866

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

U.S. EPA Region 3 Water Protection Division (3WP40)

1650 Arch Street Philadelphia, PA 19103

8.2.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

U.S. EPA Region 4 Water Management Division

Atlanta Federal Center 61 Forsyth Street SW Atlanta, GA 30303

8.2.5 Region 5: Illinois, Indiana, Mi chigan, Minnesota, Ohio, and Wisconsin.

U.S. EPA Region 5

Water Division NPDES Programs Branch

77 W. Jackson Blvd.

Mail Code WN16J Chicago, IL 60604U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

29 8.2.6 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).

U.S. EPA Region 6 NPDES Pesticides Permitting

P.O. Box 50625 Dallas, TX 75205

8.2.7 Region 7: Iowa, Kansas, Missouri, and Nebraska.

U.S. EPA - Region 7

901 N. 5th St. Kansas City, KS 66101

8.2.8 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.

U.S. EPA Region 8

8P-W-WW 1595 Wynkoop St. Denver, CO 80202- 1129

8.2.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah and Nevada, th e Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley Reservation in Idaho, and Fort McDermitt Reservation in Oregon.

U.S. EPA Region 9 Water Management Division, WTR-5

75 Hawthorne St. San Francisco, CA 94105

8.2.10 Region 10: Alaska, Idaho, Or egon (except see Region 9 for Fort McDermitt Reservation), and Washington.

U.S. EPA Region 10

Office of Water and Watersheds OWW-130

1200 6th Avenue Suite 900 Seattle, WA 98101U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

30 9. Permit Conditions Applicable to Specific States, Territories, and Indian Country Lands

(Specific permit conditions will be added to the final permit based on CWA §401 and CZMA certification information provided by states, territories, or tribes, for areas and activities covered under this permit.)U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

31 Appendix A Definitions, Abbreviations, and Acronyms

A.1. DEFINITIONS

Action Threshold – The point at which pest populati ons or environmental conditions can no longer be tolerated necess itating that pest control action be taken based on economic, human health, aesthetic, or other effects. Sighting a single pest does not always mean control is needed. Action thresholds help determine 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 incident that you have observed upon inspection or of which you otherwise become aware, in which :

(1) A person or non-target organism may have 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 effects” includes effects that occur within waters of the U.S. 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 directly or indirectly from aU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

32 discharge to waters of the U.S. that are tem porally and spatially related to exposure to a pesticide residue (e.g., vomiting, lethargy).

Best Management Practices (BMPs) – are examples of control measures that may be implemented to meet effluent limitations. These include schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to minimize the discharge of pollutants to waters of the U.S. BMPs also include treatment requirements, operating procedures, and practi ces to control spillage or leaks, waste disposal, or drainage from raw material storage. [40 CFR 122.2]

Biological Control Agents – These agents are organisms that can be introduced to your sites, such as herbivores, predators, parasi tes, and hyperparasites. [Source: US FWS IPM Guidance, 2004]

Biological Pesticides (also called biopesticides) - include microbial pesticides, biochemical pesticides and pl ant-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 li mited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) is a parasitically rep licating 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)] Plant-incorporated protectant 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 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.

Control Measure – refers to any BMP or other me thod used to meet the effluent limitations. Control measures must comply with manufacturer specifications, industry standards and recommended industry practices related to the application of pesticides, and relevant legal requirements. Additionally, control measures could include other actions that a prudent operator would implement to reduce and/or eliminate pesticide discharges to waters of the U.S. to comply with the effluent limitations in Parts 2 and 3 of this permit.

Cultural Methods - manipulation of the habitat to increase pest mortality by making the habitat less suitable to the pest.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

33 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, mean s 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 “p oint 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 U.S. 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.

Establishment – generally a single physical location where business is conducted or where services or industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, farm, airline terminal, sales office, warehouse, or central administrative office).

Facility or Activity – any NPDES “point source” (including land or appurtenances thereto) that is subject to regulati on under the NPDES program. [40 CFR 122.2]

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.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

34 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, Territory, Tribe or EPA pursuant to Se ction 303(d) of the Clean Water Act as not meeting applicable State, Territorial, 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 rights-of-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]

Integrated Pest Management – is an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM uses current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage by the most economical means, and with the least possible hazard to people, property, and the environment.

Mechanical/Physical Methods - mechanical tools or phys ical alterations of the environment, for pest prevention or removal.

Minimize - to reduce and/or eliminate pesticide di scharges to waters of the U.S. through

the use of “control measures” to the extent technologically ava ilable 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 andU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

35 animals, including vertebrates, living in or near the community that are not the target of the pesticide.

North American Industry Classification System (NAICS) – developed under the direction and guidance of the U.S. Office of Management and Budget (OMB) as the standard for use by Federal statistical agencies in classifying business establishments for the collection, tabulation, presentation, and anal ysis of statistical data describing the U.S. economy. NAICS is scheduled to be reviewed every 5 years for potential revisions with the most recent version being completed in 2007. Under NAICS, an establishment is generally a single physical location where business is conducted or where services or industrial operations are performed (e.g., fact ory, mill, store, hotel, movie theater, mine, farm, airline terminal, sales office, warehous e, or central administrative office). An enterprise, on the other hand, may consist of more than one location performing the same or different types of economic activities. Each establishment of that enterprise is assigned a NAICS code based on its own primary busine ss activity. Ideally, the primary business activity of an establishment is determined by relative share of production costs and/or capital investment. In practice, other variables, such as revenue, value of shipments, or employment, are used as proxies. For this permit, the U.S. Environmental Protection Agency uses revenue or value of shipment s to determine an establishment's primary business activity. Details of NAICS are available on the Internet at http://www.census.gov/eos/www/naics/index.html

.

Operator – any entity involved in the application of a pesticide that results in a discharge to waters of the U.S. that meets either or both of the following two criteria: (i) The entity has control over the financing for, or the decision to perform pesticide applications that result in discharges, including the ability to modify those decisions; or (ii) The entity has day-to-day control of or performs activities that are necessary to ensure compliance with the permit (e.g., they are authorized to direct workers to carry out activities required by the permit or perform such activities themselves).

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 or ganism 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,U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

36 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 you are conducting pest management activities covered by this permit

.

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, defo liant, 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 sect ion 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has be en determined by the Secretary of Health

and Human Services not to be a new animal drug by a regulation es tablishing 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 st erilant products (incl uding any sterilant or subordinate disinfectant claims on such produ cts) 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 th e body and the term ‘‘semi-critical device’’ includes any device that contacts intact mu cous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body. [FIFRA Section 2(u)]

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 and pets) are not considered pesticides; such drugs are regulated by the Food and Drug Administration. Fertilizers, nutrients, an d 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 ce rtain microorganisms, are exempted from regulation under FIFRA. (Biological control ag ents include beneficial predators such as birds or ladybugs that eat insect pe sts, 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 fo rm (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term Deleted: responsible forU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

37 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). These types of activities are generally categorized under the four-digit code of 5417 under the 2007 NAICS.

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 agri culture 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 “chemi cal waste.” [excerpted from 40 CFR 122.2]

Target Pest – the organism toward which pest control 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, Territories, or Tribes as having high quality waters constituting an Outstanding National Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuge s, and waters of exceptional recreational or ecological significance. That high water qual ity shall be maintained and protected.

Total Maximum Daily Loads (TMDLs) – A TMDL is a calculation of the maximum amount of a pollutant that a water body can re ceive and still meet wa ter 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 secti on 303(d) of the Clean Water Act and 40 CFR 130.2 and 130.7]

Treatment Area – The area of land including any waters, or the linear distance along water’s edge, to which pesticides are being applied. Multiple treatment areas may be located within a single “pest management area.” Deleted: Tier 2 Waters – For antidegradation purposes, pursuant to 40 CFR 131.12(a)(2), Tier 2 waters are characterized as having water quality that exceeds the levels necessary to support protection and propagation of fish, shellfish, and wildlife and recreation in and on the water, consistent with CWA 101(a)(2). That water quality shall be maintained and protected unless the State, Territory, or Tribe finds that allowing lower water quality is necessary to accommodate important economic or social development. ¶ ¶

Deleted:

,

Deleted: at a concentration that is adequate to cause the intended effect of controlling targeted pests within that areaU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

38 The “treatment area” includes the entire area, whether over land or water, where the pesticide application is intended to provide pesticidal benefits. 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 should be calculated by multiplying the width of the canal by the length over which the pesticide is

intended to control weeds. The treatment area for a lake or marine area is the water surface area where the application is intended to provide pesticidal benefits.

Treatment area calculations for pesticide applications that occur “at water’s edge”, where the discharge of pesticides directly to waters is unavoidable, are determined by the linear distance over which pesticides are applied. For example, treating both sides of a five mile long river, stream, or ditch is equal to ten miles of treatment area. Treating five miles of shoreline or coast would equal a five mile treatment area.

Waters of the United States – Waters of the United States or waters of the U.S. means:

(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 co mmerce 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 defi ned as waters of the United States under this definition;

(e) Tributaries of waters identified in pa ragraphs (a) through (d) of this definition;

(f) The territorial sea; and

(g) “Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

39 Waste treatment systems, including treatmen t 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 U.S. Waters of the U.S. do not include prior converted cropland. Notwith standing the determination of an area's status as prior converted cropland by any ot her 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.]

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 us es. Water quality standards also include an antidegradation policy and implementation pro cedures. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994). States, Territories, 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 s upport, and that under normal circumstances do support, a prevalence of vegeta tion typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2]

“You” and “Your” – as used in this permit are intended to refer to the operator as the context indicates and that party’s activities or responsibilities. Deleted: 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).U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

40 A.2. ABBREVIATIONS AND ACRONYMS

BAT – Best Available Techno logy Economically Achievable BMP – Best Management Practice BPJ – Best Professional Judgment

BPT – Best Practicable Contro l Technology Currently Available 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

NAICS – North American Industr y Classification System NEPA – National Environmental Policy Act

NHPA – National Historic Preservation 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 NRHP – National Register of Historic Places ONRW – Outstanding Na tional Resource Water PDMP – Pesticide Discharge Management Plan SARA – Superfund Amendments and Reauthorization Act

SHPO – State Historic Preservation Officer

THPO – Tribal Historic Preservation Officer TMDL – Total Maximum Daily Load WQS – Water Quality StandardU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

41 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 modi fied to reflect the nature of discharges covered under this general permit.

B.1 Duty to Comply.

You must comply with all conditions of this permit. Any permit noncompliance

constitutes a violation of the Clean Water Ac t and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or fo r denial of a permit renewal application.

A. You must comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act 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: The Director will adjust the civil and administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation Adjustment Rule (6 1 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 for inflation on a periodic basis. This rule allows EPA’s penalties to keep pace with inflation. The Agency is required to review its penalt ies 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 ad justed 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 shall 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 3U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

42 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be su bject to criminal penalties of not more than $100,000 per day of violat ion, 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 shall upon conviction be subject to a fine of not more than $250,000 or by imprisonment of not more than 15 years, or both. In the case of a second or subsequent co nviction for a knowing endangerment violation, a person shall 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, shall, 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 unde r this permit shall, 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, incl uding monitoring reports or reports of compliance or non-compliance shall, 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 th e 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 followsU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

43 3.1. Class I Penalty. Not to exceed the maximum amounts authorized by Section 309(g)(2)(A) of the Act and th e 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 Section 309(g)(2)(B) of the Act and th e 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 you wish to continue an activity regulated by this permit after the expi ration date of this permit, you must apply for and obtain authorization as required by the new permit once EPA issues it.

B.3 Need to Halt or Reduce Activity Not a Defense.

It shall not be a defense for you in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

B.4 Duty to Mitigate.

You 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.

You must at all times properly operate and maintain all facilities and systems of treatment and control (and relate d appurtenances) which are installed or used by you to achieve compliance with the conditions of this pe rmit. Proper operation and maintenance also includes adequate laboratory controls and ap propriate quality assurance procedures. This provision requires the operation of backup or au xiliary facilities or similar systems which are installed by you 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 reis sued, or terminated for cause. Your filing of a request for a permit modification, revocation and reissuance, or termination, or aU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

44 notification of planned changes or anticipat ed 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.

You must furnish to EPA or an authorized representative (including an authorized contractor acting as a representative of EPA), within a reasonable time, any information which EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. You

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.

You must allow EPA or an authorized representative (including an authorized contractor acting as a representative of EPA), upon pres entation of credentials and other documents as may be required by law, to:

A. Enter upon your premises where a regula ted 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;

C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operat ions regulated or required under this permit; and

D. Sample or monitor at reasonable tim es, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

B.10 Monitoring and Records.

A. You must retain records of all reports required by this permit, and records of all data used to complete the Notice of Intent for this permit, for a period of at least three 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.

[As written, this permit does not require most operators to perform the type of sample collection and monitoring described in the following sections of this appendix, B.10.BU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

45 through B.10.F. However, when required , the sample collection and monitoring requirements in B.10.B – 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. You must retain records of all moni toring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, for a period of at least three 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: 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 accordi ng to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in the permit.

F. The Clean Water Act provides that a ny person who falsifies, tampers with, or knowingly renders inaccurate any monitori ng device or method required to be maintained under this permit shall, 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 co mmitted 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:

1. For a corporation: By a responsi ble corporate officer. For the purpose of this subsection, a responsible corpor ate 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) theU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

46 manager of one or more manufacturing, production, or oper ating facilities, provided, the manager is authorized to make management decisions which 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 comprehe nsive 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 el ected 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. Your Pesticide Discharge Management Plan (PDMP), including changes to your 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:

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 aut horized 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 your 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 isU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

47 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.

E. Any person signing documents in accordance with Appendix B, Subsections

B.11.A or B.11.B above must includ e 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 fi ne and imprisonment for knowing

violations.”

F. The CWA provides that any person who knowingly makes any false statement, representation, or cer tification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non-compliance shall, upon conviction, be punished by a fine of not more than $10,000 per violati on, or by imprisonment for not more than 6 months per violation, or by both.

B.12 Reporting Requirements.

A. Anticipated noncompliance. You must gi ve 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 permittee (the first operator) must submit a Notice of Termination pursuant to Part 1.2.5. Th e new operator must submit a Notice of Intent 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 on a routine basis; howev er, EPA may, pursuant to Part 1.2.3, require certain operators to mon itor and report such results.

1. When required, monitoring data must be submitted to EPA using EPA’s online eNOI system ( www.epa.gov/npdes/eNOI ) or, if you cannot access eNOI, monitoring results should be reported on a Discharge MonitoringU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

48 Report (DMR) form, available at www.epa.gov/npdes , and submitted to EPA at the appropriate Regional a ddress identified in Part 9.2.

2. If you monitor 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 the calculation and reporting of the data submitted to EPA.

3. Calculations for all limitations which require averaging of measurements must use an arithmetic mean unless otherwise specified by EPA.

D. Compliance schedules. Reports of co mpliance 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, you must report any noncompliance which may endanger health or the environment. Any information must be provided orally within 24 hours from the time you become aware of the circumstances. A written submission must also be provided within five days of the time you become 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 planne d to reduce, eliminate, and prevent reoccurrence of the noncompliance.

2. For purposes of this permit, you 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. You 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 you beco me aware that you failed to submit any relevant facts in a permit application, or submitted incorrect information in aU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

49 permit application or in any report to th e Permitting Authority, you 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 technolog y based permit effluent limitations because of factors beyond your 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 technol ogy based permit effluent limitations if the requirements of Appendix B, S ubsection B.13.C are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is 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 of upset must demonstrate, through properly signed, contemporaneous operating logs, or other

relevant evidence that:

1. An upset occurred and that you can identify the cause(s) of the upset;

2. The permitted activity was at the time being properly operated; and

3. You submitted notice of the upset as required in Appendix B, Subsection B.12.E.2 (24 hour notice).

4. You complied with any remedial measures required under Appendix B,

Subsection B.4. D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the occurrence of an upset, have the burden of proof. See 40 CFR 122.41(n)(4).U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

50 Appendix C Areas Covered (and NPDES Permit Numbers)

1. EPA Region 1: CT, MA, ME, NH, RI, VT

Where EPA is Perm itting Authority MAG87#### Commonwealth of Massachusetts, except for Indian Country lands MAG87###I Indian Country lands within the State of Massachusetts CTG87###I Indian Country lands within the State of Connecticut NHG87#### State of New Hampshire RIG87###I Indian Country lands within the State of Rhode Island

VTG87###F Federal Facilities in the State of Vermont

2. EPA Region 2: NJ, NY, PR, VI

Where EPA is Perm itting Authority NYG87###I Indian Country lands within the State of New York

PRG87#### The Commonwealth of Puerto Rico

3. EPA Region 3: DE, DC, MD, PA, VA, WV

Where EPA is Perm itting Authority

DCG87#### The District of Columbia

DEG87###F Federal Facilities in the State of Delaware

4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN

Where EPA is Perm itting Authority ALG87###I Indian Country lands within the State of Alabama FLG87###I Indian Country lands within the State of Florida MSG87###I Indian Country lands wi thin the State of Mississippi NCG87###I Indian Country lands within the State of North Carolina

5. EPA Region 5: IL, IN, MI, MN, OH, WI

Where EPA is Perm itting Authority MIG87###I Indian Country lands within the State of Michigan MNG87###I Indian Country lands within the State of Minnesota WIG87###I Indian Country lands within the State of WisconsinU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

51 6. EPA Region 6: AR, LA, OK, TX, NM (e xcept see Region 9 fo r Navajo lands, and see Region 8 for Ute Mountain Reservation lands)

Where EPA is Perm itting Authority LAG87###I Indian Country lands within the State of Louisiana

NMG87#### The State of New Mexico except Indian Country lands NMG87###I Indian Country lands within the State of New Mexico, except Navajo Reservation Lands (see Region 9) and Ute Mountain Reservation Lands (see Region 8) OKG87#### The State of Oklahoma, ex cept Indian Country lands OKG87###I Indian Country lands within the State of Oklahoma TXG87#### Discharges in the State of 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 geotherm al resources, including transportation of crude oil or natural gas by pipeline, except Indian Country lands. TXG87###I Indian Country lands within the State of Texas

7. EPA Region 7: IA, KS, MO, NE (except see Region 8 for Pine Ridge Reservation Lands)

Where EPA is Perm itting Authority IAG87###I Indian Country lands within the State of Iowa KSG87###I Indian Country lands within the State of Kansas NEG87###I Indian Country lands within the State of Nebraska, except Pine Ridge Reservation lands (see Region 8)

8. EPA Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for Goshute Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in NM, and the Pine Ridge Reservation in NE.

Where EPA is Perm itting Authority

COG87###F Federal Facilities in the State of Colorado, except those located on Indian Country lands COG87###I Indian Country lands within the St ate of Colorado, as well as the portion

of the Ute Mountain Reservation located in New Mexico MTG87###I Indian Country lands within the State of Montana NDG87###I Indian Country lands with in the State of North Dakota SDG87###I Indian Country lands within th e State of South Dakota, as well as the portion of the Pine Ridge Reservation located in Nebraska (see Region 7) UTG87###I Indian Country lands within the State of Utah, except Goshute and Navajo Reservation lands (see Region 9) WYG87###I Indian Country lands wi thin the State of WyomingU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

52 9. EPA Region 9: CA, HI, NV, Guam, Amer ican Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, and the Fort McDermitt Reservation in OR.

Where EPA is Perm itting Authority

ASG87#### The Island of American Samoa AZG87###I Indian Country lands within the State of Arizona, as well as Navajo Reservation lands in New Mexico (see Region 6) and Utah (See Region 8) CAG87###I Indian Country lands wi thin the State of California

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 the State of 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: AK, WA, ID (except see Region 9 for Duck Valley Reservation Lands), and OR (except see Region 9 for Fort McDermitt Reservation).

Where EPA is Perm itting Authority AKG87#### The State of Alaska, except Indian Country lands AKG87###I Indian Country lands within the State of Alaska IDG87#### The State of Idaho, ex cept Indian Country lands IDG87###I Indian Country lands within th e State of Idaho, except Duck Valley Reservation lands (see Region 9) ORG87###I Indian Country lands within the State of Oregon, except Fort McDermitt Reservation lands (see Region 9)

WAG87###F Federal Facilities in the State of Washington, except those located on Indian Country lands WAG87###I Indian Country lands within the State of WashingtonU.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

53 Appendix D - Notice of Intent Form

Notice of Intent (NOI) to Comply with the Terms of General NPDES Permit for Discharges of Aquatic Pesticides to Waters of the United States

I. Notice of Intent Status:

Please mark whether this is the first time requesting coverage under this General Permit or if this is a change of information for a discharge already covered under this General Permit. If this is a change of information, please supply the NPDES permit number for the discharge.

(Mark only one item) 1.  New Operator

2.  Change of Information:

___________________ NPDES Permit Tracking # II. Operator Information:

Operator Name: _____________________________________________________ IRS Employer Identification Number (EIN): __ __ - __ __ __ __ __ __ __

Mailing address Street: ______________________________________________________ City: _______________________________ State: ______ Zip Code: ___________ Telephone: ____________________ E-mail ______________________________ Contact Name: _____________________________________________________U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

54 Please complete this page for each establishment for which coverage under EPA’s Pesticide General Permit is desired for your operation.

III. Operator Information:

Establishment # ___ of ## ___ 1. Establishment Name: ____________________________________________________ 2. Mailing address: a. Street: ______________________________________________________ b. City: _______________________________ c. State: ______ d. Zip Code: ___________ e. Contact Name: ________________________________________________ f. Telephone: ____________________ g. E-mail ______________________________ h. Check all that apply: □ Federal facility □ Indian country land i. 6-digit NAICS code for primary industry activity of this establishment: _______

3. Location of NPDES Records for this establishment (check one):

□ Same as operator address □ Same as Establishment address

□ Other: Street: _____________________________________________________ City: ___________________ State: ________ Zip Code: ____________

4. Pesticide Use Patterns for this establishment (check all that apply):

a. □ Mosquitoes and Other Flying Insect Pests

b. □ Aquatic Weeds and Algae

c. □ Aquatic Nuisance Animals

d. □ Forest Canopy Pests

5. For each use pattern checked above, provide th e following: (attach addi tional pages if necessary) [Use pattern # ____ of ## ______ for which coverage is requested for this establishment] a. Use pattern (check one): □ a □ b □ c □ d Location (check one):

□ Map provided of location of pesticide application for this use, or

□ Description of location of pesticide application for this use: __________________

__________________________________________________________________________

b. Receiving Waters (check one):

□ Coverage requested for all waters within location identified above

□ Coverage requested for all waters within location identified above except for:

__________________________________________________________________________

□ Coverage requested specifically for the following waters within location identified above:

__________________________________________________________________________

c. Federally-Listed Threatened or Endangered Species (i.e., “Species) and/or Federally-Designated Critical Habitat (i.e., “Habitat”) (check one):

□ 1. Pesticide application activities for which permit coverage is being requested will not overlap with the distribution map locations of any Species or Habitat.

□ 2. Pesticide application activities for which permit coverage is being requested will overlap with the distribution of any Species or Habitat but you have consulted with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service under ESA Section 7 already or already have an ESA Section 10 permit issued to you by FWS and/or NMFS) for all these activities for which you are requesting coverage under this permit.

□ 3. Pesticide application activities for which permit coverage is being requested will overlap with the distribution of any Species or Habitat.

If you checked item 5.c.3 above, please list all Species or Habitat identified within the area for which permit coverage is being requested:U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

55 IV. 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 gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted 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. I further certify that the applicant has sufficient title, right or interest in the property where the proposed activity occurs.

Signature/Responsible Official: __________________________________________ Date: ____________

Printed Name: _________________________________________________________________________ Title: ________________________________________________________________________________ E-Mail: _______________________________________________________________________________U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit

56 Appendix E - Notice of Termination Form

United States Environmental Protection Agency Notice of Termination (NOT) of Coverage under an NPDES General Permit for Pesticide Discharges to Waters of the U.S.

A. NPDES Permit Tracking Number: ______________________________________________

B. Operator Information:

Name: _____________________________________________________________________

Mailing address ______________________________________________________________________

Street Address

_____________________________________________________________________ City County State Zip

Contact Person: _________________________________________ Title ___________________________

Telephone: ________________________________________ E-mail ______________________________

C. Basis for Termination (check one only)

1

.  A new operator has taken over responsibility for the pest treatment.

2.  You have ceased aquatic pesticide application for which you obtained permit coverage or there is not or no longer will be a pesticide discharge.

3.  Permit coverage has been obtained under an individual or alternative general permit for all pesticide discharges requiring NPDES permit coverage either because EPA required you to obtain such coverage or you petitioned EPA requesting coverage under an alternative permit.

D. Certification:

I certify under penalty of law that I have met at least one of the reasons for terminating permit coverage listed in Section C above. I understand that by submitting this Notice of termination, I am no longer authorized to discharge pesticides to waters of the U.S. This document and all attachments were prepared under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. The information submitted 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 or imprisonment. Additionally, I understand that the submittal of this Notice of Termination does not release a pesticide applicator from liability for any

violations of the Clean Water Act.

Signature/Responsible Official _______________________________ Date: _____________

Title: ____________________________________________________________________

Printed Name: _____________________________________________________________