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 discharge 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 10
 U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

Table of Contents

1.0 Coverage under This Permit 

2.0 Technology-Based Effluent Limitations 

3.0 Water Quality-Based Effluent Limitations 

4.0 Site Monitoring 

5.0 Pesticide Discharge 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 Form 

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

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

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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-approved or EPA-established Total Maximum Daily Loads 

(TMDLs) and waters for which EPA has not yet approved or established a 

TMDL. A list of 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 reissuance 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 discharge after April 9, 2011, in compliance 

with the requirements of this permit without submission of an NOI. 

An NOI provides notice of an operators’ 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 the 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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

1.3. If a submitted NOI is not timely, 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 waters 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 application 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 area1

2.2.2 

- At Water’s Edge: 20 linear miles of treatment area 

at water’s edge2

Aquatic Nuisance Animal Control: 

- In Water 20 acres of treatment area1

2.2.3 

- At Water’s Edge 20 linear miles of treatment area 

at water’s edge2

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

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

Operators must submit an NOI to EPA using 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 commencement 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 time
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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Based on a review of your NOI or other information, EPA may delay your 

authorization for further review, or may determine that additional technologybased and/or water quality-based effluent limitations are necessary, or may 

deny coverage under this permit and require 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 effect. 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 under 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. You are responsible for complying with 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 from 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 that 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 under this permit and fail to submit an 

individual NPDES permit application as required by EPA, then the 

applicability of this permit to you is terminated at the end of the day specified 

Deleted: under authority of

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

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by EPA as the deadline for application submittal. EPA may take enforcement 

action for any unpermitted discharge or violation of any permit requirement. 

1.3.2 Operator Requesting Coverage under an Alternative Permit. If 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 permit 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 pesticide application, your authorization to 

discharge under this permit is terminated on the effective date of the 

individual permit or the date of authorization 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 does not negate the requirements under 

FIFRA and its implementing regulations 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 Listed 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 

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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 applications necessary to control the target 

pest, consistent with reducing the potential 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 Management (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: ,
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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 any 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 identify new or unidentified 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 select 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

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

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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. temperature, 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 suitable 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 

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2.2.2.1.3 Identify possible factors causing or contributing 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 select 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 

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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 management that minimize discharges resulting 

from application of pesticides to control 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 the 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 

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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 select 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. temperature, 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 

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2.2.4.3.3 Reduce the impact on the environment and non-target organisms by 

evaluating the restrictions, application timing, and application methods in 

addition to applying the pesticide only when the action 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 surveillance 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-promulgated 

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 limitations; 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 employees, 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 Necessary 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 developing and revising the PDMP; 

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

corrective actions and other effluent limitation requirements ; and 

d. Person(s) responsible for pesticide applications. If the pesticide applicator 

is unknown at the time of plan development, 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), such 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 entities
U.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 city or county map, or other map) 

that identifies the geographic boundaries of the area to which the plan 

applies and location of the waters of the U.S.; and

d. Water quality standards. Document the 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 comply 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. (Part 2.1.1) Procedures for determining 

the lowest effective amount of pesticide product per application 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. (Part 2.1.3) Schedules and procedures 

for maintaining the pesticide application equipment in proper operating 

condition, including calibrating, cleaning, 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: pesticide
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 any 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 minimum 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 available, 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 CFR Part 2, may be withheld from the 

public provided that a claim of confidentiality is properly asserted and 

documented in accordance with 40 CFR Part 2; however, CBI must be 

submitted to EPA, if requested, and may not be withheld from those staff 

within EPA, FWS, and NMFS cleared for CBI review. 

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 measures 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 effective 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 responses to permit violations. 

EPA or a court may impose additional requirements and schedules of 

compliance, including requirements to submit additional information 

concerning the condition(s) triggering corrective action or schedules and 

requirements more stringent than specified in this permit. Those requirements 

and schedules will supersede those of Part 6.1 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 location of the adverse incident; 

g. Description of the adverse incident 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 taken 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 exposure 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 appropriate EPA Regional office at the 

address listed in Part 8 and to the State Lead Agency for pesticide regulation 

(see http://npic.orst.edu/state1.htm). 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 contacted 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 label
U.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 application, and name of pesticide product, description 

of pesticide ingredients, and EPA registration number; 

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

incident occurred (including any available ambient water data for 

pesticides applied); 

h. If laboratory tests were performed, indicate what test(s) were performed, 

and when, and provide a summary of the 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 your 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: a 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

23

• Description of any steps you have taken or will take to alleviate the 

adverse impact to the species. 

Additional information on federally-listed threatened or endangered species 

and federally-designated critical habitat is available from NMFS 

(www.nmfs.noaa.gov) for anadromous or marine species or FWS 

(www.fws.gov) for terrestrial or freshwater species. 

6.5 Reportable Spills and Leaks 

6.5.1 Spill, Leak, or Other Unpermitted Discharge Notification 

Where a leak, spill, or other release containing a hazardous substance or oil in an 

amount equal to or in excess of a reportable quantity established under either 40 

CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs in any 24-hour 

period, 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 planned 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 quality monitoring that assisted in 

determining that discharges did not meet water quality standards; 

b. Brief description of the situation; 

c. Date the problem was identified. 

d. Brief description of how the problem was identified 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 applicable 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 coverage 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, including location and size (acres or linear 

feet) of treatment area and identification 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 cleaning, 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 activity. 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 terminated. 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 submit 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 

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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 annual report for that first partial year but 

must submit annual reports thereafter, with the first annual report submitted 

also including information from the first 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 days 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-mail 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 product applied for the reporting year 

by the EPA registration number(s) and by application method (e.g., 

aerially by fixed-wing or rotary aircraft, broadcast spray, etc.); 

5. Whether this pest control activity was addressed in 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 threshold
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 (either directly, by public notice, or by 

making information available on the Internet) of other reporting options that 

become available at a later date (e.g., electronic submission), operators may 

take advantage of those options, in accordance with the instructions provided 

by EPA, to satisfy the reporting requirements of this permit. 

8.1 EPA Headquarters Addresses

Via 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 02109-3912 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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, Michigan, Minnesota, Ohio, and Wisconsin. 

U.S. EPA Region 5 

Water Division 

NPDES Programs Branch 

77 W. Jackson Blvd. 

Mail Code WN16J 

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

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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, the 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, Oregon (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 98101 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 

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Appendix A 

Definitions, Abbreviations, and Acronyms

A.1. DEFINITIONS 

Action Threshold – The point at which pest populations or environmental conditions can 

no longer be tolerated necessitating 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 a 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

32

discharge to waters of the U.S. that are temporally 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 practices 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, parasites, and hyperparasites. [Source: US FWS IPM 

Guidance, 2004] 

Biological Pesticides (also called biopesticides) - include microbial pesticides, 

biochemical pesticides and plant-incorporated protectants (PIP). Microbial pesticide 

means a microbial agent intended for preventing, destroying, repelling, or mitigating any 

pest, or intended for use as a plant regulator, defoliant, or dessicant, that (1) is a 

eucaryotic microorganism including, but not limited to, protozoa, algae, and fungi; (2) is 

a procaryotic microorganism, including, but not limited to, Eubacteria and 

Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not 

limited to, viruses. [40 CFR 158.2100(b)] Biochemical pesticide mean a pesticide that 

(1) is a naturally-occurring substance or structurally-similar and functionally identical to 

a naturally-occurring substance; (2) has a history of exposure to humans and the 

environment demonstrating minimal toxicity, or in the case of a synthetically-derived 

biochemical pesticides, is equivalent to a naturally-occurring substance that has such a 

history; and (3) Has a non-toxic mode of action to the target pest(s). [40 CFR 

158.2000(a)(1)] 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 method 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 

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Declared Pest Emergency Situation – An event defined by a public declaration by a 

federal agency, state, or local government of a pest problem determined to require control 

through application of a pesticide beginning less than ten days after identification of the 

need for pest control. This public declaration may be based on: 

(1) Significant risk to human health; 

(2) Significant economic loss; or 

(3) Significant risk to: 

(i) Endangered species, 

(ii) Threatened species, 

(iii) Beneficial organisms, or 

(iv) The environment. 

[40 CFR 166] 

Director – a Regional Administrator of the Environmental Protection Agency or an 

authorized representative. [excerpted from 40 CFR 122.2] 

Discharge – when used without qualification, means the "discharge of a pollutant.” [40 

CFR 122.2] 

Discharge of a pollutant – any addition of any “pollutant” or combination of pollutants 

to “waters of the United States” from any “point source,” or any addition of any pollutant 

or combination of pollutants to the water of the “contiguous zone” or the ocean from any 

point source other than a vessel or other floating craft that is being used as a means of 

transportation. This includes additions of pollutants into waters of the 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 regulation 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 

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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 Section 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 physical alterations of the 

environment, for pest prevention or removal. 

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

the use of “control measures” to the extent technologically available and economically 

practicable and achievable. 

Non-target Organisms – includes the plant and animal hosts of the target species, the 

natural enemies of the target species living in the community, and other plants and
U.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 analysis 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., factory, mill, store, hotel, movie theater, mine, 

farm, airline terminal, sales office, warehouse, 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 business 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 shipments 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 organism under circumstances that make it 

deleterious to man or the environment, if it is: 

(a) Any vertebrate animal other than man; 

(b) Any invertebrate animal, including but not limited to, any insect, other arthropod, 

nematode, or mollusk such as a slug and snail, but excluding any internal parasite of 

living man or other living animals; 

(c) Any plant growing where not wanted, including any moss, alga, liverwort, or other 

plant of any higher order, and any plant part such as a root; or 

(d) Any fungus, bacterium, virus, or other microorganism, except for those on or in living 

man or other living animals and those on or in processed food or processed animal feed, 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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, defoliant, or desiccant, and (3) any nitrogen 

stabilizer, except that the term ‘‘pesticide’’ shall not include any article that is a “new 

animal drug” within the meaning of section 201(w) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health 

and Human Services not to be a new animal drug by a regulation establishing conditions 

of use for the article, or that is an animal feed within the meaning of section 201(x) of 

such Act (21 U.S.C. 321(x)) bearing or containing a new animal drug. The term 

“pesticide” does not include liquid chemical sterilant products (including any sterilant or 

subordinate disinfectant claims on such products) for use on a critical or semi-critical 

device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

321). For purposes of the preceding sentence, the term “critical device” includes any 

device that introduced directly into the human body, either into or in contact with the 

bloodstream or normally sterile areas of the body and the term ‘‘semi-critical device’’ 

includes any device that contacts intact mucous membranes but which does not ordinarily 

penetrate the blood barrier or otherwise enter normally sterile areas of the body. [FIFRA 

Section 2(u)] 

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, and other substances used to promote plant 

survival and health are not considered plant growth regulators and thus are not pesticides. 

Biological control agents, except for certain microorganisms, are exempted from 

regulation under FIFRA. (Biological control agents include beneficial predators such as 

birds or ladybugs that eat insect pests, parasitic wasps, fish, etc).

This permit uses the term “pesticide” when referring to the “pesticide, as applied.” 

When referring to the chemical in the pesticide product with pesticidal qualities, the 

permit uses the term “active ingredient.” 

Pesticide Product – a pesticide in the particular form (including composition, packaging, 

and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term 

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

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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 agriculture or agricultural stormwater runoff. 

[40 CFR 122.2] 

Pollutant – dredged spoil, solid waste, incinerator residue, filter backwash, sewage, 

garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked 

or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural 

waste discharged into water. For purposes of this definition, a “biological pesticide” is 

considered a “biological material,” and any “pesticide residue” resulting from use of a 

“chemical pesticide” is considered a “chemical waste.” [excerpted from 40 CFR 122.2] 

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 refuges, and waters of exceptional recreational or 

ecological significance. That high water quality 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 receive and still meet water quality standards, 

and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload 

allocations (WLAs) for point source discharges; load allocations (LAs) for nonpoint 

sources and/or natural background, and must include a margin of safety (MOS) and 

account for seasonal variations. [See section 303(d) of the Clean Water Act and 40 CFR 

130.2 and 130.7] 

Treatment Area – The 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 area
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 commerce including any such waters: 

(1) Which are or could be used by interstate or foreign travelers for recreational or other 

purposes; 

(2) From which fish or shellfish are or could be taken and sold in interstate or foreign 

commerce; or 

(3) Which are used or could be used for industrial purposes by industries in interstate 

commerce; 

(d) All impoundments of waters otherwise defined as waters of the United States under 

this definition; 

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

(f) The territorial sea; and 

(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 

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Waste treatment systems, including treatment ponds or lagoons designed to meet the 

requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which 

also meet the criteria of this definition) are not waters of the U.S. Waters of the U.S. do 

not include prior converted cropland. Notwithstanding the determination of an area's 

status as prior converted cropland by any other federal agency, for the purposes of the 

Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with 

EPA. [40 CFR 122.2.] 

Water Quality Impaired – See ‘Impaired Water’. 

Water Quality Standards – A water quality standard defines the water quality goals of a 

water body, or portion thereof, by designating the use or uses to be made of the water and 

by setting criteria necessary to protect the uses. Water quality standards also include an 

antidegradation policy and implementation procedures. See P.U.D. o. 1 of Jefferson 

County et al v. Wash Dept of Ecology et al, 511 US 701, 705 (1994). States, 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 support, and that under normal circumstances do 

support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 

Wetlands generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2] 

 “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 Technology Economically Achievable 

BMP – Best Management Practice 

BPJ – Best Professional Judgment 

BPT – Best Practicable Control 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 Industry 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 National 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 Standard 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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Appendix B

Standard Permit Conditions 

Standard permit conditions in Appendix B generally are consistent with the permit 

provisions required in 40 CFR 122.41 but are modified to reflect the nature of discharges 

covered under this general permit. 

B.1 Duty to Comply. 

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

constitutes a violation of the Clean Water Act and is grounds for enforcement action; for 

permit termination, revocation and reissuance, or modification; or for 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 (61 FR 252, December 31, 1996, pp. 69359-

69366, as corrected in 62 FR 54, March 20, 1997, pp.13514-13517) as mandated 

by the Debt Collection Improvement Act of 1996 for inflation on a periodic basis. 

This rule allows EPA’s penalties to keep pace with inflation. The Agency is 

required to review its penalties at least once every 4 years thereafter and to adjust 

them as necessary for inflation according to a specified formula. The civil and 

administrative penalties following were adjusted for inflation starting in 1996. 

1. Criminal Penalties. 

1.1 Negligent Violations. The CWA provides that any person who negligently 

violates permit conditions implementing Sections 301, 302, 306, 307, 308, 

318, or 405 of the Act is subject to criminal penalties of not less than 

$2,500 nor more than $25,000 per day of violation, or imprisonment of not 

more than one year, or both. In the case of a second or subsequent 

conviction for a negligent violation, a person 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 3 
U.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 subject to criminal penalties of not 

more than $100,000 per day of violation, or imprisonment of not more 

than 6 years, or both. 

1.3 Knowing Endangerment. The CWA provides that any person who 

knowingly violates permit conditions implementing Sections 301, 302, 

306, 307, 308, 318, or 405 of the Act and who knows at that time that he 

or she is placing another person in imminent danger of death or serious 

bodily injury 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 conviction 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 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 

committed after a first conviction of such person under this paragraph, 

punishment is a fine of not more than $20,000 per day of violation, or by 

imprisonment of not more than 4 years, or both. The Act further provides 

that any person who knowingly makes any false statement, representation, 

or certification in any record or other document submitted or required to 

be maintained under this permit, including monitoring reports or reports of 

compliance or 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 the Debt Collection Improvement Act (31 

U.S.C. § 3701 note) (currently $37,500 per day for each violation). 

3. Administrative Penalties. The CWA provides that any person who violates a 

permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of 

the Act is subject to an administrative penalty, as follows 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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3.1. Class I Penalty. Not to exceed the maximum amounts authorized by 

Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation 

Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt 

Collection Improvement Act (31 U.S.C. § 3701 note) (currently $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 the Federal Civil Penalties Inflation 

Adjustment Act (28 U.S.C. § 2461 note) as amended by the Debt 

Collection Improvement Act (31 U.S.C. § 3701 note) (currently $11,000 

per day for each day during which the violation continues, with the 

maximum amount of any Class II penalty not to exceed $157,500). 

B.2 Duty to Reapply. 

Except as otherwise provided for in Part 1.2.4 of the permit, if you wish to continue an 

activity regulated by this permit after the expiration 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 related appurtenances) which are installed or used by you to achieve 

compliance with the conditions of this permit. Proper operation and maintenance also 

includes adequate laboratory controls and appropriate quality assurance procedures. This 

provision requires the operation of backup or auxiliary facilities or similar systems which 

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 reissued, or terminated for cause. Your filing 

of a request for a permit modification, revocation and reissuance, or termination, or a 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

44

notification of planned changes or anticipated noncompliance does not stay any permit 

condition. 

B.7 Property Rights. 

This permit does not convey any property rights of any sort, or any exclusive privileges. 

B.8 Duty to Provide Information. 

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 presentation of credentials and other documents 

as may be required by law, to: 

A. Enter upon your premises where a regulated activity is located or conducted, or 

where records must be kept under the conditions of this permit; 

B. Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of this permit; 

C. Inspect at reasonable times any facilities, equipment (including monitoring and 

control equipment), practices, or operations regulated or required under this 

permit; and 

D. Sample or monitor at reasonable times, for the purposes of assuring permit 

compliance or as otherwise authorized by the 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.B 
U.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 monitoring 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 according 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 any person who falsifies, tampers with, or 

knowingly renders inaccurate any monitoring 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 committed after a first conviction of such 

person under this paragraph, punishment is a fine of not more than $20,000 per 

day of violation, or by imprisonment of not more than 4 years, or both. 

B.11 Signatory Requirements. 

A. All applications, including NOIs, must be signed as follows: 

1. For a corporation: By a responsible corporate officer. For the purpose of 

this subsection, a responsible corporate officer means: (i) a president, 

secretary, treasurer, or vice-president of the corporation in charge of a 

principal business function, or any other person who performs similar 

policy- or decision-making functions for the corporation, or (ii) the 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

46

manager of one or more manufacturing, production, or operating 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 comprehensive measures to assure long term 

environmental compliance with environmental laws and regulations; the 

manager can ensure that the necessary systems are established or actions 

taken to gather complete and accurate information for permit application 

requirements; and where authority to sign documents has been assigned or 

delegated to the manager in accordance with corporate procedures. 

2. For a partnership or sole proprietorship: By a general partner or the 

proprietor, respectively; or 

3. For a municipality, state, federal, or other public agency: By either a 

principal executive officer or ranking elected official. For purposes of this 

subsection, a principal executive officer of a federal agency includes (i) 

the chief executive officer of the agency, or (ii) a senior executive officer 

having responsibility for the overall operations of a principal geographic 

unit or the agency (e.g., Regional Administrator of EPA). 

B. 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 authorized representative may thus be 

either a named individual or any individual occupying a named position); 

and 

3. The signed and dated written authorization is included in the PDMP. A 

copy must be submitted to EPA, if requested. 

C. All other changes to 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 is 
U.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 include the following certification: 

“I certify under penalty of law that this document and all attachments were 

prepared under my direction or supervision in accordance with a system 

designed to assure that qualified personnel properly gathered and 

evaluated the information contained therein. Based on my inquiry of the 

person or persons who manage the system, or those persons directly 

responsible for gathering the information, the information contained is, to 

the best of my knowledge and belief, true, accurate, and complete. I am 

aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing 

violations.” 

F. The CWA provides that any person who knowingly makes any false statement, 

representation, or certification in any record or other document submitted or 

required to be maintained under this permit, including monitoring reports or 

reports of compliance or 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. 

B.12 Reporting Requirements. 

A. Anticipated noncompliance. You must give advance notice to EPA of any planned 

changes in the permitted activity which may result in noncompliance with permit 

requirements. 

B. Transfers. This permit is not transferable to any person except after notice to 

EPA. Where an operator wants to transfer coverage under the permit to a new 

operator, the original permittee (the first operator) must submit a Notice of 

Termination pursuant to Part 1.2.5. The 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; however, EPA may, pursuant to Part 1.2.3, 

require certain operators to monitor 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 Monitoring 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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Report (DMR) form, available at www.epa.gov/npdes, and submitted to 

EPA at the appropriate Regional address 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 compliance or noncompliance with, or any 

progress reports on, interim and final requirements contained in any compliance 

schedule of this permit must be submitted no later than 14 days following each 

schedule date. 

E. Twenty-four hour reporting. 

1. In addition to adverse incident and spill reporting requirements in Parts 6.4 

and 6.5, respectively, 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 planned 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 become aware that you failed to submit any 

relevant facts in a permit application, or submitted incorrect information in a 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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permit application or in any report to the 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 technology 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 technology based permit effluent limitations 

if the requirements of Appendix B, Subsection 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 

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Appendix C

Areas Covered (and NPDES Permit Numbers) 

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

Where EPA is Permitting 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 Permitting 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 Permitting 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 Permitting 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 within 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 Permitting 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 Wisconsin 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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6. EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and 

see Region 8 for Ute Mountain Reservation lands) 

Where EPA is Permitting Authority 

LAG87###I Indian Country lands within 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, except 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 geothermal 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 Permitting 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 Permitting Authority 

COG87###F Federal Facilities in the State of Colorado, except those located on Indian 

Country lands 

COG87###I Indian Country lands within the State 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 within the State of North Dakota 

SDG87###I Indian Country lands within the 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 within the State of Wyoming 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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9. EPA Region 9: CA, HI, NV, Guam, American 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 Permitting 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 within 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 Permitting 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, except Indian Country lands 

IDG87###I Indian Country lands within the 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 Washington 
U.S. Environmental Protection Agency 2010 NPDES Draft Pesticides General Permit 

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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 

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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 the following: (attach additional 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: _____________________________________________________________