ORDEQ COMMENTS ON PGP

Page 1 of 3 (page 1) 1.1.1 Activities Covered

First and Third Bullet Aquatic Weed and Algae control and Area

‐ Wide Pest Control

If a pesticide is applied to a wet land for weeds for example would it come under ‘Aquatic Weed and

Algae control use pattern or ‘Area

‐ Wide Pest Control.’

Third Bullet under Area

‐ Wide Pest Control

Comment: Rename the third bullet to keep it the same as in section 2.2.3. Area

‐ Wide and Ditch Bank

Pest Control.

Please Clarify what the area

‐ wide application in an area greater than 15 contiguous acres applies to. It

does not fit for ditch banks. By including forestry and rangeland without clarification, it appears that all

applications in these sites would qualify for the permit requirements. This needs to be clarified so it is

clear that these sites are included only when water is impacted (general aerial applications for pest

control e.g. gypsy moth, tussock moth, Mediterranean fruit fly, etc). It is important that this

misunderstanding does not occur.

Please provide examples of applications of pesticides that are unavoidable. Also clarify that the permit

does not include area wide applications that do not impact water.

Please define ditch bank and that it may include roadside ditch banks, irrigation canal banks, or other

conveyances of water when water is present. Realize that the inclusion of irrigation canal banks would

make irrigation districts come under two different use patterns under this permit.

(Page 1)1.1.2 Limitations on coverage

Please add that irrigation return flows and agricultural runoff are not included for coverage under this

permit because these are exemptions under the Clean Water Act.

(Page 2) 1.1.2.3 Discharges Currently or Previously Covered by another Permit.

Please include language to show that a facility that was covered under an individual permit for the same

activity can be eligible for coverage under this general permit.

Page (5) 1.2.2 Operators Required to Submit a Notice of Intent

It would be helpful if the threshold table had a reference number.

Threshold table should indicate that it is “either/or” that may apply.

Whether the acres are wet or dry when it is not possible to calculate the exact amount of area treated

that impacts water. Perhaps mention that in the determining the “Treatment Area annual threshold”

that the acres are total acres that are wet or dry when it is not possible to calculate the exact amount of

the treatment area impacting water.

Pesticide Use Pattern Treatment Area

Annual Threshold Water-Treatment Area

Annual Threshold

Mosquitoes and Other Aquatic

Nuisance Insects 640 acres OR 160 acres Formatted: Font color: AutoORDEQ COMMENTS ON PGP

Page 2 of 3 Aquatic Weeds and Algae

- Waters of the U.S.

- Conveyances to Waters of the U.S. NA

NA 160 acres or 10 linear

miles 1

50 linear miles 1

Area-Wide Pests

- Ditch banks

- Forestry/Other area-wide

applications NA

640 acres OR 50 linear miles 1

160 acres

Aquatic Nuisance Animals NA 160 acres

For simplicity, suggest limiting those required to submit the NOI to the operators who meet the

thresholds.

For determining thresholds it is important to mention how to consider cumulative, aggregate, and

repeated applications especially for a for

‐ hire applicator. For determining thresholds it is important to

know how to count portions of a treated area: for example, how to count when 25 acres of a 100 acre

lake is treated.

In considering pesticides, the permit should not be limited to restricted use pesticides (RUP) because

RUPs are limited in number, are available for purchase and use only by pesticide licensees (Private

applicators and commercial). The majority of pesticides used for vector control, aquatic weed control,

and invasive insect control are GENERAL use pesticides that do NOT require a licensed applicator to

apply (other than for commercial applicators AKA “for

‐ hire” applicators).

(Page 9) Section 2.2 Integrated Pest Management (IPM) Practices:

The sentence that tries to explain how to handle double counting should be reworded...perhaps this

would work....” If you are a pesticide applicator hired for a public entity, do not count treatment areas

covered by the NOI made by that public entity in the determination of your own threshold limits.

References to the primary use of larvicides in Sections 2.2.1.3.4, 5.1.f.3 and 8.2 does not allow a

professional to make the decision as to the course of action to control the pest as the other use patterns

allow. The American Mosquito Control Association put together a Best Management Plan for Mosquito

management which states in 6.b. that adulticides often form the primary treatment method for basic

programs. {http://www.mosquito.org/secure/upload/a rticles/BMPsforMosquitoManagement.pdf}

2.2.2.3.3 Please give examples of Emergency Condition or define it and explain who is authorized to

declare an emergency condition for the purpose of this permit.

4.1 Monitoring Requirements For All Permittees. You must monitor the amount of pesticide applied to

ensure that you are using the lowest amount to effectively control the pest, consistent with

minimization of the potential for development of pest resistance and consistent with the pesticide

product label directions.

If the proposed general permit does not include language for following the product label directions

would you please include the rational.

4.2 Visual Monitoring Requirements First Bullet

Remove the reference to the type of vehicles and reword as follows: Formatted: Font: Not BoldORDEQ COMMENTS ON PGP

Page 3 of 3 • When making a pesticide application as feasibility and safety allows, during daylight hours.

4.3 Additional Monitoring Third Bullet

Change wording to include the terms “unanticipated or unexpected environmental impact” as follows:

• The product you are using raises unanticipated or unexpected environmental impact concerns.

5.0 Pesticide Discharge Management Plan.

There is flexibility for either the operator or the applicator to be responsible for documenting the PDP.

Who is solely responsible for documenting the PDP in the NOI? Can the NOI delegate portions of writing

the PDP to someone like the land manager or land owner as long as the NOI references this delegation

and the PDP is kept in its full form in the required location?

5.1. Contents of Your Pesticide Discharge Management Plan

The term “team" may not be appropriate for a 1 or 2 person operation. The term to describe this

section could also be Assigned Responsibilities under the discharge management plan.

#6. Documentation to Support Eligibility Considerations under Other Federal Laws. This topic needs

clarification of what is the expectations are in this section.

Page 29 Appendix A

Change the definition of adverse incident to be consistent with the time in EPA’s response to the first

biological option from NMFS as follows: Adverse incident

‐ means an incident that has occurred within 4

days, which you have observed upon inspection or which you otherwise become aware, In which:....

Adverse incident (2) Remove “or is reasonably likely to suffer a delay or chronic adverse effect in the

future from last part of the sentence. Leave it to read

(2) The person or non

‐ target organism suffered a toxic or adverse effect.