United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

United States Environmental Protection Agency (EPA)

National Pollutant Discharge Elimination System (NPDES)

PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES 

FROM THE APPLICATION OF PESTICIDES

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

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

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

discharge) resulting from the application of pesticides and eligible for permit coverage under 

Part 1.1 and located in an area identified in Appendix C where this permit is available is 

authorized to discharge to waters of the United States in accordance with the requirements of this 

permit. This permit is structured as follows:

 General permit conditions for all Operators are found in Parts 1 through 8;

 State- and tribal-specific permit conditions that apply to all Operators in those specific 

State or Indian Country Lands are found in Part 9;

 Definitions of terms used in the permit and standard permit conditions that apply to all 

Operators are found in Appendices A and B, respectively; and

 Permit forms, worksheets, and templates are found in Appendices D through I.

This permit becomes effective on November 1, 2016.

This permit and the authorization to discharge expire at midnight, November 1, 2021.

Provide the signature and date below:

H. Curtis Spalding, Regional Administrator

EPA Region 1

Joan Leary Matthews, Director, Clean Water Division

EPA Region 2

Jose C. Font, Division Director, Caribbean Environmental 

Protection Division

EPA Region 2

Jon M. Capacasa, Director, Water Protection Division

EPA Region 3

James D. Giattina, Director, Water Protection Division

EPA Region 4

Tinka G. Hyde, Director, Water Division

EPA Region 5

William K. Honker, Director, Water Division

EPA Region 6

Karen A. Flournoy, Director, Water, Wetlands and 

Pesticides Division

EPA Region 7

Darcy O’ Connor, Acting Assistant Regional 

Administrator, Office of Partnerships and Regulatory 

Assistance

EPA Region 8

Tomas Torres, Director, Water Division

EPA Region 9

Daniel D. Opalski, Director, Office of Water and 

Watersheds

EPA Region 10
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Contents

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

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

1.2 Authorization to Discharge under This Permit ............................................................ 1-4

1.3 Alternative Permits .................................................................................................... 1-10

1.4 Severability ................................................................................................................ 1-10

1.5 Other Federal and State Laws .................................................................................... 1-10

1.6 Federally Listed Endangered and Threatened Species and Designated Critical 

Habitat ....................................................................................................................... 1-11

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.5 Retention of Records for All Operators ....................................................................... 7-4

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

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

7.7 Annual Reporting for Any Decision-maker with Discharges to waters of the 

United States containing NMFS Listed Resources of Concern, as defined in 

Appendix A, and Who is a Small Entity ..................................................................... 7-5

7.8 Electronic Reporting Requirement .............................................................................. 7-6

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

8.1 EPA Headquarters Addresses ...................................................................................... 8-1
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8.2 EPA Regional Addresses ............................................................................................. 8-2

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

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

Appendices

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

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

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

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

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

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

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

Appendix H. Adverse Incident Template............................................................................. H-1 

Appendix I. Endangered Species Procedures ..................................................................... I-1 
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1.0 Coverage under This Permit 

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

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

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

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

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

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

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

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

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

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

permit for any single discharge from the application of pesticides.

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

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

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

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

1.1 Eligibility

1.1.1 Activities Covered

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

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

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

pesticide use patterns:

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

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

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

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

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

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

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

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

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

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

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

to water.
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1.1.2 Limitations on Coverage

1.1.2.1 Discharges to Water Quality Impaired Waters 

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

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

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

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

been identified by a state, tribe, or EPA pursuant to section 303(d) of the CWA as not 

meeting applicable state or tribal water quality standards. Impaired waters, for the 

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

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

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

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

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

the water is no longer impaired, Operators may submit this information to EPA consistent 

with Table 1-2 in Part 1.2.3, and request that coverage be allowed under this permit. 

1.1.2.2 Discharges to Waters Designated as Tier 3 for Antidegradation Purposes 

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

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

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

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

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

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

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

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

1.1.2.3 Discharges Currently or Previously Covered by another Permit

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

circumstances apply:

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

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

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

routine reissuance of permits every 5 years). 

1.1.2.4 Endangered and Threatened Species and Critical Habitat Protection

[This permit specifies procedures to assist in protecting federally-listed endangered and 

threatened species and federally designated critical habitats. Below are procedures 

included in EPA’s 2011 final PGP. EPA is currently conducting consultation under the 

Endangered Species Act (ESA) with the United States Fish and Wildlife Service (FWS) 

and the National Marine Fisheries Service (NMFS) (together, the “Services”) for the 

reissuance of the PGP. Based on the results of consultation with the Services, EPA may 

include additional or altered conditions to the final permit.] 

Coverage under this permit is available only for discharges and discharge-related 

activities that are not likely to adversely affect species that are federally-listed as 

endangered or threatened (“listed”) under the ESA or habitat that is federally-designated 
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as critical under the ESA (“critical habitat”), except as provided in Criterion B, C, and, 

for 60 days, D, below. As one of the provisions in this permit that help limit adverse

effects to these resources, the six criteria (A-F) below relate to the impacts a prospective 

discharger’s activities may have on a subset of these listed species and critical habitat. 

Specifically, the conditions below relate to potential impacts on NMFS Listed Resources 

of Concern, as defined in Appendix A. These are resources that have been identified 

through consultation with NMFS as having potential vulnerability that warrants the 

additional protections entailed in compliance with A-F. Other provisions that protect 

listed species more broadly include Section 1.6, which requires compliance with any 

conditions resulting from an ESA Section 7 consultation or ESA Section 10 permit, and 

the waiting period between NOI submittal and authorization to discharge, which provides 

an opportunity for the Services, EPA, and members of the public to identify any potential 

impacts on listed species and for EPA to notify the permittee if further conditions or an 

individual permit are necessary.

A step-by-step guide for determining eligibility with these conditions relating to the 

protection of NMFS Listed Resources of Concern, as defined in Appendix A, is provided 

in Appendix I of the permit. To demonstrate eligibility, Decision-makers must meet one 

or more of the following six criteria (A-F) for the entire term of coverage under the 

permit:

Criterion A. Pesticide application activities will not result in a point source discharge to 

one or more waters of the United States containing NMFS Listed Resources of Concern, 

as defined in Appendix A, for this permit.

Criterion B. Pesticide application activities for which permit coverage is being 

requested will discharge to one or more receiving waters of the United States containing 

NMFS Listed Resources of Concern, as defined in Appendix A, but consultation with 

NMFS under section 7 of the ESA has been concluded for pesticide application activities 

covered under this permit. Consultations can be either formal or informal, and would 

have occurred only as a result of a separate federal action. The consultation addressed the 

effects of pesticide discharges and discharge-related activities on federally-listed 

threatened or endangered species and federally-designated critical habitat, and must have 

resulted in either:

i. A biological opinion from NMFS finding no jeopardy to federally-listed species and no 

destruction/adverse modification of federally-designated critical habitat; or

ii. Written concurrence from NMFS with a finding that the pesticide discharges and 

discharge-related activities are not likely to adversely affect federally-listed species or 

federally-designated critical habitat.

Criterion C. Pesticide application activities for which permit coverage is being 

requested will discharge to one or more waters of the United States containing NMFS 

Listed Resources of Concern, as defined in Appendix A, but all “take” of these resources

associated with such pesticide application activities has been authorized through NMFS’ 

issuance of a permit under section 10 of the ESA, and such authorization addresses the 

effects of the pesticide discharges and discharge-related activities on federally-listed 

species and federally-designated critical habitat. (The term “take” means to harass, harm, 
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pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any 

such conduct. See Section 3 of the Endangered Species Act, 16 U.S.C. § 1532(19).) 

Criterion D. Pesticide application activities were, or will be, discharged to one or more 

waters of the United States containing NMFS Listed Resources of Concern, as defined in 

Appendix A, but only in response to a Declared Pest Emergency Situation. Decisionmakers must provide EPA with their rationale supporting the determination whether the 

discharge is likely to adversely affect NMFS Listed Resources of Concern, including the 

description of appropriate measures to be undertaken to avoid or eliminate the likelihood 

of adverse effects. 

Criterion E. Pesticide application activities for which permit coverage is being 

requested in the NOI will discharge to one or more waters of the United States containing 

NMFS Listed Resources of Concern, as defined in Appendix A. Eligible discharges 

include those where the Decision-maker includes in the NOI written correspondence 

from NMFS that pesticide application activities performed consistent with appropriate 

measures will avoid or eliminate the likelihood of adverse effects to NMFS Listed 

Resources of Concern. Eligibility under this criterion is contingent upon the Decisionmaker following the measures described in correspondence from NMFS designed to 

avoid or eliminate the likelihood of adverse effects. 

Criterion F. Pesticide application activities for which permit coverage is being 

requested in the NOI will discharge to one or more waters of the United States containing 

NMFS Listed Resources of Concern, as defined in Appendix A. Eligible discharges 

include those from pesticide application activities that are demonstrated by the Decisionmaker as not likely to adversely affect NMFS Listed Resources of Concern or that the 

pest poses a greater threat to the NMFS Listed Resources of Concern than does the 

discharge of the pesticide. Decision-makers must provide EPA with their documentation 

demonstrating the basis for their finding. 

1.2 Authorization to Discharge under This Permit

1.2.1 How to Obtain Authorization

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

automatically authorized by this permit beginning November 1, 2016. 

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

pesticide research and development, as defined in Appendix A; 

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

1.2.2 and 1.2.3. 

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

requirements of Parts 1.2.2 and 1.2.3. 

1.2.2 Decision-makers Required to Submit an NOI

Any “Decision-maker who is or will be required to submit an NOI” as defined in 

Appendix A, is identified in Table 1-1. 
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For calculating annual treatment area totals for purposes of determining if an NOI must 

be submitted, see the definition for “annual treatment area threshold” in Appendix A of 

the permit.

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

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

permit. The NOI form included in Appendix D delineates the information required. The 

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

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

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

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

www.epa.gov/npdes/pesticides. 

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

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

NOI if the criteria in Part 1.2.3, Table 1-3 are met. The Decision-maker must prepare and 

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

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

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

eNOI for submission of the NOI. See Part 7.8 of the permit for detailed electronic 

reporting requirements. EPA will immediately post on the eNOI website all NOIs 

received. Late NOIs will be accepted, but authorization to discharge will not be 

retroactive.

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

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

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

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

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

covered by this permit. 

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

1.2.3 Discharge Authorization Date

Except for discharges identified in Tables 1-1 through 1-3, any Operator with eligible 

discharges is automatically authorized to discharge under this permit without submission 

of an NOI. Decision-makers with eligible discharges identified in Tables 1-1 through 1-3 

are authorized under this permit consistent with the requirements in those tables. 

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

discharge beyond any timeframe identified in Table 1-2, determine that additional 

technology-based and/or water quality-based effluent limitations or other conditions are 

necessary, or deny coverage under this permit and require submission of an application 

for an individual NPDES permit, as detailed in Part 1.3. 
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Table 1-1. Decision-makers Required to Submit NOIs

PGP Part/

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

All four use 

patterns identified 

in Part 1.1.1

Any Decision-maker with an eligible discharge to a 

Tier 3 water (Outstanding National Resource Water) 

consistent with Part 1.1.2.2

Activities resulting in a discharge to a 

Tier 3 water

All four use 

patterns identified 

in Part 1.1.1

Any Decision-maker with an eligible discharge to 

waters of the United States containing NMFS Listed 

Resources of Concern, as defined in Appendix A

Activities resulting in a discharge to 

waters of the United States 

containing NMFS Listed Resources 

of Concern, as defined in Appendix A

1.1.1(a) -

Mosquito and Other 

Flying Insect Pest

Control

Any Agency for which pest management for land 

resource stewardship is an integral part of the 

organization’s operations.

All mosquito and other flying insect 

pest control activities resulting in a 

discharge to waters of the United 

States.

Mosquito control districts, or similar pest control 

districts

All mosquito and other flying insect 

pest control activities resulting in a 

discharge to waters of the United 

States.

Local governments or other entities that exceed the 

annual treatment area threshold identified here

Adulticide treatment if more than 

6,400 acres during a calendar year

1.1.1(b) -

Weed and Algae 

Pest Control

Any Agency for which pest management for land 

resource stewardship is an integral part of the 

organization’s operations.

All weed and algae pest control 

activities resulting in a discharge to 

waters of the United States.

Irrigation and weed control districts, or similar pest 

control districts

All weed and algae pest control 

activities resulting in a discharge to 

waters of the United States.

Local governments or other entities that exceed the 

annual treatment area threshold identified here

Treatment during a calendar year if 

more than either:

20 linear miles

OR

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

1.1.1(c) -

Animal Pest Control

Any Agency for which pest management for land 

resource stewardship is an integral part of the 

organization’s operations.

All animal pest control activities 

resulting in a discharge to waters of 

the United States.

Local governments or other entities that exceed the 

annual treatment area threshold identified here

Treatment during a calendar year if 

more than either:

20 linear miles

OR

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

1.1.1.(d) -

Forest Canopy Pest 

Control

Any Agency for which pest management for land 

resource stewardship is an integral part of the 

organization’s operations.

All forest canopy pest control 

activities resulting in a discharge to 

waters of the United States.

Local governments or other entities that exceed the 

annual treatment area threshold identified here

Treatment if more than 6,400 acres

during a calendar year
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Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the 

Application of Pesticides1 

Operator Type NOI Submission Deadline Discharge Authorization Date 2

Any Decision-maker with any 

discharge to waters of the United 

States containing NMFS Listed 

Resources of Concern, except for 

those discharges in response to a 

Declared Pest Emergency Situation, 

as defined in Appendix A. 

At least 30 days before any 

discharge to waters of the United 

States containing NMFS Listed 

Resources of Concern, as defined in 

Appendix A.

5

No earlier than 30 days after EPA 

posts on the Internet a receipt of a 

complete and accurate NOI. 3,5

Any Decision-maker with a discharge 

in response to a Declared Pest 

Emergency for which that activity 

triggers the NOI requirement 

identified in Part 1.2.2, except for any 

discharges to waters of the United 

States containing NMFS Listed 

Resources of Concern.

No later than 30 days after 

beginning discharge.

Immediately upon beginning to 

discharge for activities conducted in 

response to a Declared Pest 

Emergency Situation. 

Any Decision-maker with any

discharge to waters of the United 

States containing NMFS Listed 

Resources of Concern, in response 

to a Declared Pest Emergency 

Situation, as defined in Appendix A.

No later than 15 days after 

beginning to discharge in response 

to a Declared Pest Emergency

Situation. 

Immediately upon beginning to 

discharge for activities conducted in 

response to a Declared Pest 

Emergency Situation for a period of 

at least 60 days. 4

Any Decision-maker who exceeds 

any annual treatment area threshold. 

At least 10 days before exceeding 

an annual treatment area threshold. 

No earlier than 10 days after EPA 

posts on the Internet receipt of a 

complete and accurate NOI. 

Any Decision-maker otherwise 

required to submit an NOI as 

identified in Table 1-1. 

At least 10 days before any 

discharge for which an NOI is 

required. 

No earlier than 10 days after EPA 

posts on the Internet receipt of a 

complete and accurate NOI.

1 State, territory, and tribal specific requirements in addition to the requirements in this table are provided in Part 9.0.

2 On the basis of a review of an NOI or other information, EPA may delay authorization to discharge beyond any timeframe 

identified in Table 1-2, determine that additional technology-based and/or water quality-based effluent limitations or other 

conditions are necessary, or deny coverage under this permit and require submission of an application for an individual NPDES 

permit, as detailed in Part 1.3.

3 Within 30 days after EPA posts on the Internet receipt of a complete and accurate NOI, for those areas with NMFS Listed 

Resources of Concern, as defined in Appendix A, NMFS will provide EPA with a determination as to whether it believes the 

eligibility criterion of “not likely to adversely affect listed species or designated critical habitat” has been met, could be met with 

conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’s determination in deciding whether to 

withhold authorization. If NMFS does not provide EPA with this information within 30 days of EPA posting on the Internet receipt of 

a complete and accurate NOI, the discharges will be authorized 30 days after EPA posts on the Internet receipt of a complete 

NOI. 

4 In any Declared Pest Emergency Situation in areas with waters of the United States containing NMFS Listed Resources of 

Concern, NMFS will have 30 days after submission of an NOI to provide EPA with a determination as to whether it believes the 

eligibility criteria of “not likely to adversely affect listed species or designated critical habitat” has been met, could be met with 

conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’s determination in deciding whether to 

disallow continued permit coverage or if additional conditions are necessary. If NMFS does not provide EPA with a 

recommendation within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, authorization for these 

discharges will continue. If EPA identifies additional permit conditions or prohibitions, or includes additional permit conditions or 

prohibitions recommended by NMFS, as necessary to qualify discharges for particular Operators as eligible for coverage beyond 

60 days under the PGP, those conditions remain in effect for the life of the permit.

5 EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under 

Criterion B, C, or E of Part 1.1.2.4 (for which NMFS has already evaluated the effects of these discharges).
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Table 1-3. NOI Change of Information Submittal Deadlines and Discharge Authorization Dates

Operator Type NOI Submission Deadline Discharge Authorization Date

Any Decision-maker requiring permit 

coverage for a pest management 

area not identified on a previously 

submitted NOI for this permit, except 

for discharges to any; 

(1) Tier 3 water

or

(2) Waters of the United States 

containing NMFS Listed Resources 

of Concern. 

Except for such waters, changes 

other than identification of a new

pest management area or a new 

pesticide use pattern do not require 

a revised NOI submittal.

At least 10 days before beginning to 

discharge in that newly identified 

area unless discharges are in 

response to a Declared Pest 

Emergency Situation in which case 

not later than 30 days after 

beginning discharge.

No earlier than 10 days after EPA 

posts on the Internet the receipt of a 

complete and accurate NOI unless 

discharges are in response to a 

Declared Pest Emergency Situation 

in which case coverage is available 

immediately upon beginning to 

discharge from activities conducted 

in response to Declared Pest 

Emergency Situation. 

Any Decision-maker discharging to a 

Tier3 water not identified by name 

on a previously submitted NOI for 

this permit, except for Tier 3 waters 

containing NMFS Listed Resources 

of Concern

At least 10 days before beginning to 

discharge in that newly identified

Tier-3 water unless discharges are 

in response to a Declared Pest 

Emergency Situation in which case 

not later than 30 days after 

beginning discharge.

No earlier than 10 days after EPA 

posts on the Internet receipt of a 

complete and accurate NOI unless 

discharges are in response to a 

Declared Pest Emergency Situation 

in which case coverage is available 

immediately upon beginning to 

discharge from activities conducted 

in response to Declared Pest 

Emergency Situation.

Any Decision-maker with any 

discharge to waters of the United 

States containing NMFS Listed 

Resources of Concern, as defined in 

Appendix A, not identified on a 

previously submitted NOI for this 

permit. This includes changes in any 

treatment area, pesticide product, 

method or rate of application, or 

approximate dates of applications.

At least 30 days before beginning to 

discharge in that newly identified

water containing NMFS Listed 

Resources of Concern unless 

discharges are in response to a 

Declared Pest Emergency Situation 

in which case not later than 15 days 

after beginning discharge.

No earlier than 30 days after EPA 

posts on the Internet receipt of a 

complete and accurate NOI unless 

discharges are in response to a 

Declared Pest Emergency Situation 

in which case coverage is available 

immediately upon beginning to 

discharge from activities conducted 

in response to Declared Pest 

Emergency Situation. 

1.2.4 Continuation of This Permit

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

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

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

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

this permit until the earliest of the following:

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

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

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

compliance with the requirements of the NOI;

b. A Decision-maker submits a Notice of Termination (NOT) and that notice is 

processed and posted on the Internet consistent with Part 1.2.5.1; 
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c. An NPDES individual permit for a discharge resulting from application of a pesticide 

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

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

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

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

under this permit will cease when coverage under another permit is 

granted/authorized; or 

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

permit.

1.2.5 Terminating Coverage

1.2.5.1 Submitting an NOT. To terminate permit coverage, a Decision-maker who is required to 

submit an NOI as identified in Part 1.2.2, must submit a complete and accurate NOT. 

Information required to be included in an NOT is provided in Appendix E. Decisionmakers required to submit an NOT must prepare and submit that information using 

EPA’s electronic eNOI system (www.epa.gov/npdes/eNOI) unless EPA waives the 

electronic submission requirement for an Operator consistent with the requirements in 

Part 7.8 of the permit. The authorization to discharge under this permit terminates at 

11:59 p.m. of the day that a complete NOT is processed and posted on EPA’s website 

(www.epa.gov/npdes). If a Decision-maker submits an NOT without meeting one or 

more of the conditions identified in Part 1.2.5.2, the NOT is not valid. Decision-makers 

are responsible for complying with the terms of this permit until authorization is 

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

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

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

than February 15 of the following year. 

1.2.5.2 When to Submit an NOT. A Decision-maker who is required to submit an NOI as 

identified in Part 1.2.2 must submit the NOT within 30 days after one or more of the 

following conditions have been met: 

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

covered under an existing NOI;

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

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

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

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

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

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

coverage under this permit will terminate automatically.

1.2.5.3 Termination for Operators not Required to Submit an NOI. Operators covered under 

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

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

are covered under an NPDES individual permit or alternative NPDES general permit.
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1.3 Alternative Permits

1.3.1 Requirements for Coverage under an Alternative Permit

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

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

alternative NPDES general permit.

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

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

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

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

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

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

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

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

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

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

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

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

of any permit requirement.

1.3.2 Operator Requesting Coverage under an Alternative Permit

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

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

Operator must submit an individual permit application in accordance with the 

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

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

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

an alternative NPDES general permit.

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

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

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

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

authorization of coverage under the alternative NPDES general permit.

1.4 Severability

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

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

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

issues a written statement otherwise.

1.5 Other Federal and State Laws

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

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

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

its implementing regulations to use registered pesticides consistent with the product’s 
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labeling. In fact, applications in violation of certain FIFRA requirements could also be a 

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

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

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

regulations). 

1.6 Federally Listed Endangered and Threatened Species and Designated 

Critical Habitat

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

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

pre-existing situations:

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

and/or 

b. ESA Section 10 permit issued to the Operator by FWS and/or NMFS. 
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2.0 Technology-Based Effluent Limitations

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

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

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

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

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

must perform the tasks identified in Part 2.2 – Decision-makers’ Responsibilities. There 

may be instances when a single entity acts as both an Applicator and a Decision-maker.

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

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

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

research plan and experimental use permit.

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

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

the Operator.

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

Applicators must implement Part 2.1 to minimize the discharge of pesticides to waters of 

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

Measures, as defined in Appendix A.

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

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

equipment and application procedures appropriate for this task. 

2.1.2 Maintain pesticide application equipment in proper operating condition, including 

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

other unintended discharges. 

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

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

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

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

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

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

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

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

frequency of pesticide application necessary to control the target pest.

Decision-Maker’s Responsibilities: For Any Decision-maker Who is or Will 

be Required to Submit an NOI

To meet the effluent limitations of this permit, prior to pesticide application, any

Decision-maker is or will be required to submit an NOI as required in Part 1.2.2, except 

those Decision-makers that will need to submit an NOI only because they discharge to 
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waters of the United States containing NMFS Listed Resources of Concern and that also 

comply with provisions in Part 1.6, must also implement Parts 2.2.1 - 2.2.4 to minimize 

the discharge of pesticides to waters of the United States from the application of 

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

2.2.1 Mosquito and Other Flying Insect Pest Control

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

flying insect pest control as defined in Part 1.1.1.

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

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

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

year, Decision-maker who is or will be required to submit an NOI must do the 

following for each pest management area, as defined in Appendix A: 

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

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

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

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

developmental and behavioral considerations for each pest; 

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

habitat management;

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

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

problems; and 

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

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

2.2.1.a. 

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

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

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

year, any Decision-maker who is or will be required to submit an NOI must select and 

implement efficient and effective means of Pest Management Measures that minimize 

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

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

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

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

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

1. No action

2. Prevention 

3. Mechanical or physical methods

4. Cultural methods 

5. Biological control agents 

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

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

States, any Decision-maker who is or will be required to submit an NOI must:

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

pest problem or evaluate existing larval surveillance data, environmental 

conditions, or data from adjacent areas prior to each pesticide application to 

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

met;

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

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

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

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

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

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

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

the adult action threshold(s) has been met.

2.2.2 Weed and Algae Pest Control

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

algae, and pathogens as defined in Part 1.1.1. 

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

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

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

year, any Decision-makers who is or will be required to submit an NOI must do the 

following for each pest management area, as defined in Appendix A: 

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

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

fisheries, vegetation, and recreation); 

2. Identify target pest(s);

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

nutrients, invasive species, etc.);

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

for implementing Part 2.2.2.b; and 

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

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

2.2.2.a. 

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

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

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

year, any Decision-maker who is or will be required to submit an NOI must select and 

implement efficient and effective means of Pest Management Measures that minimize 

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

the Pest Management Measures for each pest management area, the Decision-maker
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must evaluate the following management options, including a combination of these 

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

organisms, feasibility, and cost effectiveness:

1. No action

2. Prevention 

3. Mechanical or physical methods

4. Cultural methods 

5. Biological control agents 

6. Pesticides

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

pesticide will result in a discharge to waters of the United States, any Decision-maker 

who is or will be required to submit an NOI must:

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

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

when the action threshold(s) is met; and 

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

pesticide only when the action threshold has been met. 

2.2.3 Animal Pest Control

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

pests as defined in Part 1.1.1. 

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

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

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

year, any Decision-maker who is or will be required to submit an NOI must do the 

following for each pest management area, as defined in Appendix A: 

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

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

fisheries, vegetation, and recreation); 

2. Identify target pest(s);

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

invasive species);

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

for implementing Part 2.2.3.b; and 

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

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

2.2.3.a. 

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

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

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

any Decision-maker who is or will be required to submit an NOI must select and 
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implement efficient and effective means of Pest Management Measures that minimize 

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

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

must evaluate the following management options, including a combination of these 

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

organisms, feasibility, and cost effectiveness: 

1. No action. 

2. Prevention 

3. Mechanical or physical methods

4. Biological control agents 

5. Pesticides

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

pesticide will result in a discharge to waters of the United States, any Decision-maker 

who is or will be required to submit an NOI must:

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

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

action threshold(s) is met; and 

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

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

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

2.2.4 Forest Canopy Pest Control

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

control as defined in Part 1.1.1. 

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

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

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

year, any Decision-maker who is or will be required to submit an NOI must do the 

following for each pest management area, as defined in Appendix A: 

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

for implementing Part 2.2.4.b; 

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

developmental and behavioral considerations for each pest; 

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

the absence of Pest Management Measures; and

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

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

2.2.4.a. 

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

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

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

year, any Decision-maker who is or will be required to submit an NOI must select and 
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implement efficient and effective means of Pest Management Measures that minimize 

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

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

must evaluate the following management options, including a combination of these 

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

organisms, feasibility, and cost effectiveness: 

1. No action

2. Prevention 

3. Mechanical/physical methods

4. Cultural methods 

5. Biological control agents 

6. Pesticides

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

the pesticide will result in a discharge to waters of the United States, any Decisionmaker who is or will be required to submit an NOI must:

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

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

pest action threshold is met;

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

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

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

3. Evaluate using pesticides against the most susceptible developmental stage. 
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3.0 Water Quality-Based Effluent Limitations

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

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

permit, with compliance required upon beginning such discharge. 

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

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

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

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

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

4.1 Visual Monitoring Requirements for Applicators

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

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

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

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

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

recreational or municipal water use.

4.2 Visual Monitoring Requirements for all Operators

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

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

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

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

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

or municipal water use.
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5.0 Pesticide Discharge Management Plan 

Any Decision-maker who is or will be required to submit an NOI, as required in Part 

1.2.2, and is a large entity, as defined in Appendix A, must prepare a Pesticide Discharge 

Management Plan (PDMP) by the time the NOI is filed, with two exceptions (for which a 

PDMP is not required to be developed): 

− Any application is made in response to a Declared Pest Emergency Situation, as 

defined in Appendix A; or 

− Any Decision-maker who is required to submit an NOI solely because their 

application results in a point source discharge to waters of the United States 

containing NMFS Listed Resources of Concern, as defined in Appendix A. 

The PDMP does not contain effluent limitations; the effluent limitations are specified in 

Parts 2 and 3 of the permit. The PDMP documents how Decision-makers will implement 

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

selection of Pest Management Measures to meet those effluent limitations in order to 

minimize discharges. In the PDMP, Decision-makers may incorporate by reference any 

procedures or plans in other documents that meet the requirements of this permit. If 

Decision-makers rely upon other documents to comply with the effluent limitations in 

this permit, such as a pre-existing pest management plan, the Decision-maker must attach 

to the PDMP a copy of any portions of any documents that are used to document the 

implementation of the effluent limitations.

5.1 Contents of the Pesticide Discharge Management Plan. The PDMP must 

include the following elements:

a. Pesticide Discharge Management Team

b. Problem Identification

c. Pest Management Options Evaluation 

d. Response Procedures 

1. Spill Response Procedures 

2. Adverse Incident Response Procedures 

e. Documentation to support eligibility considerations under other federal laws 

f. Signature Requirements.

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

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

including: 

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

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

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

and other effluent limitation requirements;
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5.1.2 Problem Identification. Decision-makers must document the following: 

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

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

problem, and source of data used to identify the problem in accordance with Parts 

2.2.1, 2.2.2, 2.2.3, and 2.2.4.

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

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

when the action threshold(s) has been met.

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

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

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

waters of the United States and

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

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

active ingredient or a degradate of such an active ingredient.

5.1.3 Pest Management Options Evaluation

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

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

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

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

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

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

relevant previous Pest Management Measures.

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

the PDMP:

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

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

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

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

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

should be a member of the PDMP team.

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

agencies, and regulatory agencies.

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

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

applications; 

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

permitting agency, nearest emergency medical facility, and nearest hazardous 

chemical responder must be in locations that are readily accessible and available.
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5.1.5 Documentation to Support Eligibility Considerations under Other Federal 

Laws. Decision-makers must keep, with the PDMP, documentation supporting their

determination with regard to Part 1.1.2.4 (Endangered and Threatened Species and 

Critical Habitat Protection).

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

accordance with Appendix B, Subsection B.11. 

5.2 Pesticide Discharge Management Plan Modifications. Decision-makers must 

modify the PDMP whenever necessary to address any of the triggering conditions for 

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

changes the type or quantity of pollutants discharged. Changes to the PDMP must be 

made before the next pesticide application that results in a discharge, if practicable, or if 

not, no later than 90 days after any change in pesticide application activities. The revised 

PDMP must be signed and dated in accordance with Appendix B, Subsection B.11. 

5.3 Pesticide Discharge Management Plan Availability. Decision-makers must retain 

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

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

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

upon request, to EPA; a state, tribal, or local agency governing discharges or pesticide 

applications within their respective jurisdictions; and representatives of the Services. 

EPA may provide copies of the PDMP or other information related to this permit that is 

in its possession to members of the public. Any Confidential Business Information (CBI), 

as defined in 40 CFR Part 2, may be withheld from the public provided that a claim of 

confidentiality is properly asserted and documented in accordance with 40 CFR Part 2; 

however, CBI must be submitted to EPA, if requested, and may not be withheld from 

those staff within EPA, FWS, and NMFS cleared for CBI review.
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6.0 Corrective Action

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

permit, with compliance required upon beginning such discharge. 

6.1 Situations Requiring Revision of Pest Management Measures

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

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

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

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

occurs.

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

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

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

effluent limitations in Part 2.

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

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

meet the effluent limitations in this permit.

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

in Appendix A. 

6.2 Corrective Action Deadlines

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

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

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

discharge.

6.3 Effect of Corrective Action

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

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

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

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

corrective action in determining enforcement responses to permit violations. 

EPA may impose additional requirements and schedules of compliance, including 

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

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

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

requirements conflict.
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6.4 Adverse Incident Documentation and Reporting

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

6.4.1.1 Adverse Incident Notification Required

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

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

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

appropriate EPA Incident Reporting Contact, as identified at 

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

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

the following information: 

a. The caller’s name and telephone number; 

b. Operator name and mailing address;

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

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

providing the 24-hour notice; 

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

f. Description of the location of the adverse incident; 

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

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

incident; 

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

clean up, or otherwise address any adverse effects; and

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

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

adverse incident.

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

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

provide such notification within 24 hours. 

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

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

regulations at 40 CFR Part 159. 

6.4.1.2 Adverse Incident Notification Not Required

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

situations:

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

toxic effects or exposure from the pesticide application; 

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

reporting requirement has been waived for this incident or category of incidents; 
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c. An Operator receives information of an adverse incident, but that information is 

clearly erroneous; or 

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

identified on the FIFRA label. 

6.4.2 Thirty (30)-Day Adverse Incident Written Report

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

pursuant to Part 6.4.1.1, Operators must provide a written report of the adverse incident 

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

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

report must include at least the following information:

a. Information required to be provided in Part 6.4.1.1; 

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

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

EPA;

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

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

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

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

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

distance affected);

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

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

registration number; 

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

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

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

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

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

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

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

6.4.3 Adverse Incident to Threatened or Endangered Species or Critical Habitat

Notwithstanding any of the other adverse incident notification requirements of this 

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

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

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

must immediately notify NMFS in the case of an anadromous or marine species, or FWS 

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

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

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

include at least the following information:

a. The caller’s name and telephone number; 
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b. Operator name and mailing address;

c. The name of the affected species;

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

e. Description of the location of the adverse incident; 

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

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

incident; and 

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

impact to the species.

Additional information on federally-listed threatened or endangered species and 

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

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

species.

6.4.4 Notification and Reporting for Adverse Incidents Involving Multiple 

Operators

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

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

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

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

incident. 

6.5 Reportable Spills and Leaks

6.5.1 Spill, Leak, or Other Unpermitted Discharge Notification

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

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

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

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

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

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

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

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

other unpermitted discharge may occur. 

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

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

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

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

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

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

unpermitted discharge triggers the notification in Part 6.5.1, but does not result in an 
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adverse incident, the Operator must document and retain the following information 

within 30 days of becoming aware of the situation: 

a. Information required to be provided in Part 6.5.1; 

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

completed or expected to be completed; and

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

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

or leak.

6.6 Other Corrective Action Documentation

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

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

situation triggering corrective action and document planned corrective action within 30 

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

documentation must include the following information: 

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

including any ambient water quality monitoring that assisted in determining that 

discharges did not meet water quality standards;

b. Brief description of the situation; 

c. Date the problem was identified;

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

situation, and date the Operator learned of the situation; 

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

completed or expected to be completed; and

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

whether PDMP modifications are required as a result of the incident. 
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7.0 Recordkeeping and Annual Reporting 

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

Operator, whether a Decision-maker is a small or large entity, or whether a Decisionmaker is required to submit an NOI solely because the discharge overlaps with NMFS 

Listed Resources of Concern, as defined in Appendix A. Table 7-1 references applicable 

requirements for the range of Operators covered under this permit. 

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

Types of Operators. 

PGP Part Applicable Type of Operator

7.1 Recordkeeping: All Operators

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

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

7.4 Recordkeeping: Any Decision-maker required to submit an NOI and who is a large entity2

7.5 Retention of Records: All Operators

7.6 Annual Reporting: Any Decision-maker required to submit an NOI and who is a large 

entity2

7.7 Annual Reporting: Any Decision-maker with discharges to waters of the United States 

containing NMFS Listed Resources of Concern, as defined in Appendix A, and who is a 

small entity1

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

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

https://www.sba.gov/category/navigation-structure/contracting/contracting-officials/small-business-size-standards. 

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

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

https://www.sba.gov/category/navigation-structure/contracting/contracting-officials/small-business-size-standards. 

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

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

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

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

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

satisfied.

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

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

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

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

7.1 Recordkeeping For All Operators – All Operators must keep the following records: 

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

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

required, consistent with allowances identified in Part 6.4.1.2; 

c. A copy of any corrective action documentation (See Part 6.6); and, 
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d. A copy of any spill and leak or other unpermitted discharge documentation (See Part. 

6.5.2) 

7.2 Recordkeeping for All Operators who are For-Hire Applicators – Any Operator

who is a For-Hire Applicator, as defined in Appendix A, must retain the following 

records:

a. Documentation of equipment calibration; and 

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

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

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

location, to which pesticide(s) are discharged; 

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

animal pest, or forest canopy);

3. Target pest(s);

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

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

6. Pesticide application date(s); and

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

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

possible or observable adverse incidents caused by application of pesticides.

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

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

defined as a small entity, must retain the following records at the address provided on the 

NOI:

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

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

EPA acknowledgment letter with the assigned permit tracking number; 

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

Applicator); 

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

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

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

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

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

animal pest, or forest canopy); 

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

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

pesticide application; 

5. Company name and contact information for pesticide applicator; 
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6. Name of each pesticide product used including the EPA registration number; 

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

8. Pesticide Application Start Date;

9. Pesticide Application End Date; and

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

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

possible or observable adverse incidents caused by application of pesticides. 

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

Appendix F, Pesticide Discharge Evaluation Worksheet. 

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

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

defined as a large entity must retain the following records at the address provided on the 

NOI:

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

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

EPA acknowledgment letter with the assigned permit tracking number;

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

of this permit;

c. Copy of annual reports submitted to EPA; 

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

Applicator); 

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

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

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

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

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

animal pest, or forest canopy);

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

4. Action Thresholds; 

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

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

pesticide application; 

7. Company name and contact information for pesticide applicator;

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

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

10. Pesticide application date(s); and

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

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

any possible or observable adverse incidents caused by application of pesticides. 
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7.5 Retention of Records for All Operators – All required records must be documented 

as soon as possible but no later than 14 days following completion of each pesticide 

application. Operators must retain any records required under this permit for at least 3 

years after the Operator’s coverage under this permit expires or is terminated. Operators 

must make available to EPA, including an authorized representative of EPA, all records 

kept under this permit, upon request, and provide copies of such records, upon request. 

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

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

defined as a large entity in Appendix A, must submit an annual report to EPA. Once a 

Decision-maker meets the obligation to submit an annual report, the Decision-maker 

must submit the annual report each calendar year thereafter for the duration of coverage 

under this general permit, whether or not the Decision-maker has discharges from the 

application of pesticides in any subsequent calendar year. Decision-makers must submit 

the annual report electronically through EPA’s notice processing system (eNOI), 

available at www.epa.gov/npdes/pesticides, unless the Decision-maker meets the waiver 

requirements for submitting a paper annual report. See Part 7.8 of the permit. The annual 

report must be submitted no later than February 15 of the following year for all pesticide 

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

reporting requirements begin with those activities occurring during calendar year 2017. 

Any Decision-maker required to submit an NOI based on an annual treatment area 

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

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

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

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

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

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

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

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

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

The annual report must contain the following information: 

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

b. NPDES permit tracking number(s); 

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

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

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

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

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

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

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

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

from the Decision-maker;
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4. Total amount of each pesticide product applied for the reporting year by the EPA 

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

rotary aircraft, broadcast spray, etc.);

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

application; 

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

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

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

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

7.7 Annual Reporting for Any Decision-maker with Discharges to waters of the 

United States containing NMFS Listed Resources of Concern, as defined in 

Appendix A, and Who is a Small Entity – Any Decision-maker required to submit 

an NOI for discharges to waters of the United States containing NMFS Listed Resources 

of Concern, as defined in Appendix A, and is a small entity, as defined in Appendix A, 

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

submit an annual report, the Decision-maker must submit the annual report each calendar 

year thereafter for the duration of coverage under this general permit, whether or not the 

Decision-maker has discharges from the application of pesticides in any subsequent 

calendar year. Decision-makers must submit the annual report electronically through 

EPA’s notice processing system (eNOI), available at www.epa.gov/npdes/pesticides, 

unless the Decision-maker meets the waiver requirements for submitting a paper annual 

report. See Part 7.8 of the permit. The annual report must be submitted no later than 

February 15 of the following year for all pesticide activities covered under this permit 

occurring during the previous calendar year. Annual reporting requirements begin with 

those activities occurring during calendar year 2017. 

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

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

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

The annual report must contain the following information for any discharges to waters of 

the United States containing NMFS Listed Resources of Concern: 

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

b. NPDES permit tracking number(s); 

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

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

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

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

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

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

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

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

from the Decision-maker;
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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. The approximate date(s) of any discharge; 

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

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

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

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

7.8 Electronic Reporting Requirement

Decision-makers must submit all NOIs, NOTs, and annual reports electronically, unless 

the Decision-maker has received a waiver from the appropriate EPA Regional Office

based on one of the following conditions: 

• EPA has not yet implemented such electronic reporting; 

• If the Decision-maker is physically located in a geographic area (i.e., zip code or 

census tract) that is identified as under-served for broadband Internet access in the 

most recent report from the Federal Communications Commission; or

• If Decision-makers have limitations regarding available computer access or 

computer capability.

Decision-makers may check www.epa.gov/npdes/pesticides to determine whether 

electronic reporting for the relevant document has been implemented. If that website 

indicates that electronic reporting for the document to be submitted is not yet available, 

Decision-makers do not need to seek a waiver for a paper submission. 

If a Decision-maker wishes to obtain a waiver from submitting a report electronically, the 

Decision-maker must submit a request to the appropriate EPA Regional Office. EPA 

Regional Office contact information can be found in Part 8.2 of this permit. In that 

request the Decision-maker must document which exemption they meet, provide 

evidence supporting any claims, and a copy of the completed NOI form. A waiver may 

only be considered granted once the Decision-maker receives written confirmation from 

EPA or its authorized representative. 
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8.0 EPA Contact Information and Mailing Addresses 

Decision-makers must submit any NOI, NOT, and annual report, as appropriate, using 

EPA’s electronic eNOI system (www.epa.gov/npdes/eNOI) unless eNOI is otherwise 

unavailable or EPA waives the electronic submission requirement for an Operator 

consistent with the requirements identified on the NOI form in Appendix D, the NOT

form in Appendix E, or the annual report form in Appendix G. If eNOI is unavailable or 

the Decision-maker has received a waiver from electronic submission, Operators must 

submit these notices to EPA Headquarters at the address specified in Part 8.1. 

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

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

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

lead agency for pesticide regulation in that jurisdiction (see 

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

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

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

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

Regional Office listed below in Part 8.2.

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

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

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

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

requirements of this permit.

8.1 EPA Headquarters Addresses

Via United States Mail:

United States Environmental Protection Agency 

Office of Water, Water Permits Division

Mail Code 4203M, ATTN: NPDES Pesticides 

1200 Pennsylvania Avenue, NW 

Washington, DC 20460 

Via overnight/express delivery:

United States Environmental Protection Agency 

Office of Water, Water Permits Division

Room 7420, ATTN: NPDES Pesticides 

1201 Constitution Avenue, NW 

Washington, DC 20004 

Phone: 202-564-9545 
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8.2 EPA Regional Addresses

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

Maine

United States EPA Region 1

Office of Ecosystem Protection

5 Post Office Square, Suite 100 

Mail code OEP 06-1 

Boston, MA 02109-3912

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

For Puerto Rico and the Virgin Islands: 

United States EPA Region 2

Caribbean Environmental Protection Division 

Environmental Management Branch 

Centro Europa Building 

1492 Ponce de Leon Avenue, Suite 417 

San Juan, PR 00907-4127 

For New Jersey and New York: 

United States EPA Region 2

Clean Water Division

290 Broadway 

New York, NY 10007-1866 

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

Virginia

United States EPA Region 3

Water Protection Division (3WP40) 

1650 Arch Street 

Philadelphia, PA 19103 

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

Carolina, and Tennessee 

United States EPA Region 4

Water Protection Division

Atlanta Federal Center

61 Forsyth Street SW

Atlanta, GA 30303 

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

United States EPA Region 5

Water Division

NPDES Programs Branch

77 W. Jackson Boulevard 

Mail Code WN16J 

Chicago, IL 60604 
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Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region 

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

United States EPA Region 6

NPDES Permits and TMDL Branch

6WQ-P 

1445 Ross Avenue 

Dallas, TX 75205 

Region 7: Iowa, Kansas, Missouri, and Nebraska

United States EPA, Region 7 

11201 Renner Blvd. 

Lenexa, KS 66219 

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

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

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

United States EPA Region 8

8P-W-WW

1595 Wynkoop Street 

Denver, CO 80202-1129 

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

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

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

Valley Reservation in Idaho; and Fort McDermitt Reservation in Oregon 

United States EPA Region 9

Water Management Division, WTR-5 

75 Hawthorne Street 

San Francisco, CA 94105 

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

Reservation), and Washington 

United States EPA Region 10

Office of Water and Watersheds OWW-130 

1200 6th Avenue, Suite 900 

Seattle, WA 98101 
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9.0 Permit Conditions Applicable to Specific States 

(including Territories) and Indian Country Lands

[Specific permit conditions will be added to the final permit based on CWA Section 401 

and Coastal Zone Management Act (CZMA) certification information provided by states, 

territories, or tribes, for areas and activities covered under this 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 necessitate 

that pest control action be taken based on economic, human health, aesthetic, or other effects. An 

action threshold may be based on current and/or past environmental factors that are or have been 

demonstrated to be conducive to pest emergence and/or growth, as well as past and/or current 

pest presence. Action thresholds are those conditions that indicate both the need for control 

actions and the proper timing of such actions. 

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

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

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

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

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

pesticidal substance. [40 CFR 174.3] 

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

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

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

pesticide residue, and 

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

The phrase toxic or adverse effect includes effects that occur within waters of the United States 

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

organisms not otherwise described on the pesticide product label or otherwise not expected to be 

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

• Distressed or dead juvenile and small fishes

• Washed up or floating fish 

• Fish swimming abnormally or erratically

• Fish lying lethargically at water surface or in shallow water

• Fish that are listless or nonresponsive to disturbance

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

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

invertebrates, etc.) 

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

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

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

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

a pesticide residue (e.g., vomiting, lethargy). 
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Annual Treatment Area Threshold – an area (in acres) or linear distance (in miles) in a 

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

in that area for activities covered under this permit. 

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

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

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

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

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

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

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

additive over the calendar year. 

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

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

or the surface area of waters for applications made to waters of the United States or at water’s 

edge adjacent to waters of the United States. For calculating the annual treatment area, count 

each treatment area only once, regardless of the number of pesticide application activities 

performed on that area in a given year. Also, for linear features (e.g., a canal or ditch), use the 

length of the linear feature whether treating in or adjacent to the feature, regardless of the 

number of applications made to that feature during the calendar year. For example, whether 

treating the bank on one side of a ten-mile long ditch, banks on both sides of the ditch, and/or 

water in that ditch, the total treatment area is ten miles for purposes of determining if an NOI is 

required to be submitted. Additionally, if the same 10 miles area is treated more than once in a 

calendar year, the total area treated is still 10 miles for purposes of comparing with any threshold 

in Table 1-1. The treatment area for these two pesticide use patterns is not additive over the 

calendar year.

Applicator – any entity who performs the application of a pesticide or who has day-to-day 

control of the application (i.e., they are authorized to direct workers to carry out those activities) 

that results in a discharge to waters of the United States.

Biological Control Agents – these agents are organisms that can be introduced to Operator sites, 

such as herbivores, predators, parasites, and hyperparasites. [Source: US FWS IPM Guidance, 

2004] 

Biological Pesticides (also called biopesticides) – include microbial pesticides, biochemical 

pesticides and plant-incorporated protectants (PIP). Microbial pesticide means a microbial agent 

intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a 

plant regulator, defoliant, or dessicant, that (1) is a eucaryotic microorganism including, but not 

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

limited to, Eubacteria and Archaebacteria; or (3) is a parasitically replicating microscopic 

element, including but not limited to, viruses. [40 CFR 158.2100(b)] Biochemical pesticide mean 

a pesticide that (1) is a naturally-occurring substance or structurally-similar and functionally 

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

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

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

and (3) Has a non-toxic mode of action to the target pest(s). [40 CFR 158.2000(a)(1)] Plantincorporated protectant means a pesticidal substance that is intended to be produced and used in 
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a living plant, or in the produce thereof, and the genetic material necessary for production of 

such a pesticidal substance. It also includes any inert ingredient contained in the plant, or 

produce thereof. [40 CFR 174.3]

Chemical Pesticides – all pesticides not otherwise classified as biological pesticides.

Cultural Methods – manipulation of the habitat to increase pest mortality by making the habitat 

less suitable to the pest.

Decision-maker – any entity with control over the decision to perform pesticide applications 

including the ability to modify those decisions that result in a discharge to waters of the United 

States.

Decision-maker Who is or Will be Required to Submit an NOI – any Decision-maker 

covered under the PGP who knows or should have known that an NOI will be required for those 

discharges beginning November 1, 2016. Excluded from this definition are those activities for 

which an NOI is required based solely on that Decision-Maker exceeding an annual treatment 

area threshold. 

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.

Director – a Regional Administrator of the EPA or an authorized representative. [Excerpted 

from 40 CFR 122.2] 

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

122.2] 

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

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

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

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

This includes additions of pollutants into waters of the United States from: surface runoff that is 

collected or channeled by man; discharges through pipes, sewers, or other conveyances, leading 

into privately owned treatment works. [Excerpted from 40 CFR 122.2] 

EPA Approved or Established Total Maximum Daily Loads (TMDLs) – “EPA Approved 

TMDLs” are those that are developed by a state and approved by EPA. “EPA Established 

TMDLs” are those that are issued by EPA.
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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. 

For-Hire Applicator – includes persons who make contractual pesticide applications for which 

they or their employer receives compensation (e.g., lawn care firms, pest control companies).

Impaired Water (or “Water Quality Impaired Water” or “Water Quality Limited Segment”) – a 

water is impaired for purposes of this permit if it has been identified by a state, tribe or EPA 

pursuant to Section 303(d) of the CWA as not meeting applicable state or tribal water quality 

standards (these waters are called “water quality limited segments” under 40 CFR 130.2(j)). 

Impaired waters include both waters with approved or established TMDLs, and those for which a 

TMDL has not yet been approved or established. 

Indian Country – (a) all land within the limits of any Indian reservation under the jurisdiction of 

the United States Government, notwithstanding the issuance of any patent, and including rightsof-way running through the reservation; (b) all dependent Indian communities within the borders 

of the United States, whether within the original or subsequently acquired territory thereof, and 

whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to 

which have not been extinguished, including rights-of-way running through the same. This 

definition includes all land held in trust for an Indian tribe. [18 U.S.C. 1151; 40 CFR 122.2] 

Inert Ingredient – any substance (or group of structurally similar substances if designated by 

the Agency), other than an active ingredient, that is intentionally included in a pesticide product,. 

[40 CFR 152.3] Inert ingredient also means any substance, such as a selectable marker, other 

than the active ingredient, where the substance is used to confirm or ensure the presence of the 

active ingredient, and includes the genetic material necessary for the production of the substance, 

provided that genetic material is intentionally introduced into a living plant in addition to the 

active ingredient. [40 CFR 174.3] 

Large Entity – any entity that is not a “small entity.”

Mechanical/Physical Methods – mechanical tools or physical alterations of the environment, 

for pest prevention or removal. 

Minimize – to reduce and/or eliminate pesticide discharges to waters of the United States 

through the use of Pest Management Measures to the extent technologically available and 

economically practicable and achievable.

NMFS Listed Resources of Concern – federally-listed endangered and threatened species and 

federally-listed critical habitat for which NMFS’ 2011 Endangered Species Act Section 7 

Consultation Biological Opinion on the U.S. Environmental Protection Agency’s Proposed 

Pesticides General Permit concluded the draft 2011 PGP, absent any additional mitigating 

measures, would either jeopardize the continued existence of such species or destroy or 

adversely modify such critical habitat. The Biological Opinion included a Reasonable and 

Prudent Alternative, implemented through this permit, to avoid likely jeopardy to listed species 

or adverse modification of critical habitat. Additional information, including maps noting where 
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these resources overlap with PGP areas of coverage is available at 

www.epa.gov/npdes/pesticides. 

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

enemies of the target species living in the community, and other plants and animals, including 

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

Operator – for the purpose of this permit, means any entity associated with the application of 

pesticides which results in a discharge to waters of the United States that meets either of the 

following two criteria:

(i) any entity who performs the application of a pesticide or who has day-to-day control of 

the application (i.e., they are authorized to direct workers to carry out those activities); or

(ii) any entity with control over the decision to perform pesticide applications including the 

ability to modify those decisions. 

Person – an individual, association, partnership, corporation, municipality, state or federal 

agency, or an agent or employee thereof. 

Pest – Consistent with 40 CFR 152.5, any organism under circumstances that make it deleterious 

to man or the environment, if it is: 

(a) Any vertebrate animal other than man; 

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

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

man or other living animals; 

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

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

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

or other living animals and those on or in processed food or processed animal feed, 

beverages, drugs (as defined in FFDCA sec. 201(g)(1)) and cosmetics (as defined in 

FFDCA sec. 201(i)). 

Pest Management Area – The area of land, including any water, for which an Operator has 

responsibility and is authorized to conduct pest management activities as covered by this permit 

(e.g., for an Operator who is a mosquito control district, the pest management area is the total 

area of the district).

Pest Management Measure – any practice used to meet the effluent limitations that comply with 

manufacturer specifications, industry standards and recommended industry practices related to the 

application of pesticides, relevant legal requirements and other provisions that a prudent Operator 

would implement to reduce and/or eliminate pesticide discharges to waters of the United States.

Pesticide – means (1) any substance or mixture of substances intended for preventing, 

destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended 

for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the 

term ‘‘pesticide’’ shall not include any article that is a “new animal drug” within the meaning of 

section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been 

determined by the Secretary of Health and Human Services not to be a new animal drug by a 
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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, fishstock and pets) 

are not considered pesticides; such drugs are regulated by the Food and Drug Administration. 

Fertilizers, nutrients, and other substances used to promote plant survival and health are not 

considered plant growth regulators and thus are not pesticides. Biological control agents, except 

for certain microorganisms, are exempted from regulation under FIFRA. (Biological control 

agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic 

wasps, fish, etc).

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

referring to the chemical in the pesticide product with pesticidal qualities, the permit uses the 

term “active ingredient.” 

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

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

physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.

Pesticide Research and Development – Activities undertaken on a systematic basis to gain new 

knowledge (research) and/or the application of research findings or other scientific knowledge 

for the creation of new or significantly improved products or processes (experimental 

development). 

Pesticide Residue – includes that portion of a pesticide application that is discharged from a 

point source to waters of the United States 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 
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equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged 

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

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

a “chemical waste.” [Excerpted from 40 CFR 122.2] 

Small Entity – any (1) private enterprise that does not exceed the Small Business Administration 

size standard as identified at 13 CFR 121.201, or (2) local government that serves a population of 

10,000 or less. 

State – means any of the 50 States, the District of Columbia, Guam, the Commonwealth of 

Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana 

Islands, the Trust Territory of the Pacific Islands. 

Target Pest – the organism(s) toward which pest management measures are being directed.

Tier 3 Waters – for antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters 

are identified by states or tribes as having high quality waters constituting an Outstanding 

National Resource Water (ONRW), which may include waters of National Parks and State Parks, 

wildlife refuges, and waters of exceptional recreational or ecological significance.

Total Maximum Daily Loads (TMDLs) – a TMDL is a calculation of the maximum amount of 

a pollutant that a water body can receive and still meet water quality standards, and an allocation 

of that amount to the pollutant’s sources. A TMDL includes wasteload allocations (WLAs) for 

point source discharges; load allocations (LAs) for nonpoint sources and/or natural background, 

and must include a margin of safety (MOS) and account for seasonal variations. [See section 

303(d) of the CWA and 40 CFR 130.2 and 130.7] 

Treatment Area – the entire area, whether over land or water, where a pesticide application is 

intended to provide pesticidal benefits within the pest management area. In some instances, the 

treatment area will be larger than the area where pesticides are actually applied. For example, the 

treatment area for a stationary drip treatment into a canal includes the entire width and length of 

the canal over which the pesticide is intended to control weeds. Similarly, the treatment area for 

a lake or marine area is the water surface area where the application is intended to provide 

pesticidal benefits.

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. No. 1 of Jefferson County v. Wash. Dept. of 

Ecology, 511 U.S. 700, 705 (1994). States, tribes and EPA adopt water quality standards to 

protect public health or welfare, enhance the quality of water and serve the purposes of the CWA

(See CWA sections 101(a)2 and 303(c)). Where necessary, EPA has the authority to promulgate 

federal water quality standards. 

Wetlands – means those areas that are inundated or saturated by surface or groundwater at a 

frequency and duration sufficient to support, and that under normal circumstances do support, a 

prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands 

generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2]
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A.2. Abbreviations and Acronyms

CERCLA Comprehensive Environmental Response, Compensation and Liability Act 

CWA Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 

et seq) 

eNOI electronic NOI system

EPA U. S. Environmental Protection Agency 

ESA Endangered Species Act

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 et seq. 

FWS U. S. Fish and Wildlife Service

IPM Integrated Pest Management

NEPA National Environmental Policy Act

NMFS U. S. National Marine Fisheries Service

NOI Notice of Intent 

NOT Notice of Termination

NPDES National Pollutant Discharge Elimination System

NRC National Response Center

ONRW Outstanding National Resource Water

PDMP Pesticide Discharge Management Plan

SARA Superfund Amendments and Reauthorization Act 

TMDL Total Maximum Daily Load

U.S.C. United States Code 

WQS Water Quality Standard
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Appendix B. 

Standard Permit Conditions

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

required in 40 CFR 122.41 but are modified to reflect the nature of discharges covered under this 

general permit.

B.1 Duty to Comply

Operators must comply with all conditions of this permit. Any permit noncompliance constitutes 

a violation of the CWA and is grounds for enforcement action; for permit termination, revocation 

and reissuance, or modification; or for denial of a permit renewal application. 

A. Operators must comply with effluent standards or prohibitions established under CWA 

section 307(a) for toxic pollutants within the time provided in the regulations that establish 

these standards, even if the permit has not yet been modified to incorporate the 

requirement. 

B. Penalties for Violations of Permit Conditions: EPA will periodically adjust for inflation the 

civil and administrative penalties listed below in accordance with the Civil Monetary 

Penalty Inflation Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359–69366, as 

corrected in 62 FR 54, March 20, 1997, pp.13514–13517) as mandated by the Debt 

Collection Improvement Act of 1996. This rule allows EPA’s penalties to keep pace with 

inflation. The Agency is required to review its penalties at least once every 4 years 

thereafter and to adjust them as necessary for inflation according to a specified formula. 

The civil and administrative penalties following were adjusted for inflation starting in 

1996. 

1. Criminal Penalties

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

violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 

405 of the Act is subject to criminal penalties of not less than $2,500 nor more 

than $25,000 per day of violation, or imprisonment of not more than one year, or 

both. In the case of a second or subsequent conviction for a negligent violation, a 

person will be subject to criminal penalties of not more than $50,000 per day of 

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

1.2 Knowing Violations. The CWA provides that any person who knowingly violates 

permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 405 of 

the Act is subject to a fine of not less than $5,000 nor more than $50,000 per day 

of violation, or by imprisonment for not more than 3 years, or both. In the case of 

a second or subsequent conviction for a knowing violation, a person will be 

subject to criminal penalties of not more than $100,000 per day of violation, or 

imprisonment of not more than 6 years, or both. 

1.3 Knowing Endangerment. The CWA provides that any person who knowingly 

violates permit conditions implementing sections 301, 302, 306, 307, 308, 318, or 

405 of the Act and who knows at that time that he or she is placing another person 

in imminent danger of death or serious bodily injury will upon conviction be 

subject to a fine of not more than $250,000 or by imprisonment of not more than 

15 years, or both. In the case of a second or subsequent conviction for a knowing 
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endangerment violation, a person will be subject to a fine of not more than 

$500,000 or by imprisonment of not more than 30 years, or both. An organization, 

as defined in section 309(c)(3)(B)(iii) of the Act, will, upon conviction of 

violating the imminent danger provision, be subject to a fine of not more than 

$1,000,000 and can fined up to $2,000,000 for second or subsequent convictions. 

1.4. False Statement. The CWA provides that any person who falsifies, tampers with, 

or knowingly renders inaccurate any monitoring device or method required to be 

maintained under this permit will, upon conviction, be punished by a fine of not 

more than $10,000, or by imprisonment for not more than 2 years, or both. If a 

conviction of a person is for a violation committed after a first conviction of such 

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

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

further provides that any person who knowingly makes any false statement, 

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

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

reports of compliance or noncompliance will, upon conviction, be punished by a 

fine of not more than $10,000 per violation, or by imprisonment for not more than 

6 months per violation, or by both. 

2. Civil Penalties. The CWA provides that any person who violates a permit condition 

implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a 

civil penalty not to exceed the maximum amounts authorized by Section 309(d) of the 

Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 2461 note) as 

amended by the Debt Collection Improvement Act (31 U.S.C. 3701 note) (currently 

$37,500 per day for each violation). 

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

condition implementing sections 301, 302, 306, 307, 308, 318, or 405 of the Act is 

subject to an administrative penalty, as follows 

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

309(g)(2)(A) and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. 

2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. 3701 

note) (currently $11,000 per violation, with the maximum amount of any Class I 

penalty assessed not to exceed $37,500). 

3.2 Class II Penalty. Not to exceed the maximum amounts authorized by CWA 

section 309(g)(2)(B) and the Federal Civil Penalties Inflation Adjustment Act 

(28 U.S.C. 2461 note) as amended by the Debt Collection Improvement Act 

(31 U.S.C. 3701 note) (currently $11,000 per day for each day during which the 

violation continues, with the maximum amount of any Class II penalty not to 

exceed $157,500). 

B.2 Duty to Reapply

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

activity regulated by this permit after the expiration date of this permit, the Operator must apply 

for and obtain authorization as required by the new permit once EPA issues it. 
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B.3 Need to Halt or Reduce Activity Not a Defense

It will not be a defense for an Operator in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity to maintain compliance with the conditions of 

this permit.

B.4 Duty to Mitigate

Operators must take all reasonable steps to minimize or prevent any discharge in violation of this 

permit, which has a reasonable likelihood of adversely affecting human health or the 

environment. 

B.5 Proper Operation and Maintenance

Operators must at all times properly operate and maintain all facilities and systems of treatment 

and control (and related appurtenances) which the Operators installs or uses to achieve 

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

adequate laboratory controls and appropriate quality assurance procedures. This provision 

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

installs only when the operation is necessary to achieve compliance with the conditions of this 

permit.

B.6 Permit Actions

This permit may be modified, revoked and reissued, or terminated for cause. An Operator’s 

filing of a request for a permit modification, revocation and reissuance, or termination, or a 

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

B.7 Property Rights

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

B.8 Duty to Provide Information

Operators must furnish to EPA or an authorized representative (including an authorized 

contractor acting as a representative of EPA), within a reasonable time, any information that 

EPA may request to determine whether cause exists for modifying, revoking and reissuing, or 

terminating this permit or to determine compliance with this permit. Operators must also furnish 

to EPA or an authorized representative upon request, copies of records required to be kept by this 

permit.

B.9 Inspection and Entry

Operators must allow EPA, or an authorized representative (including an authorized contractor 

acting as a representative of EPA), upon presentation of credentials and other documents as may 

be required by law, to do the following: 

A. Enter upon an Operator’s premises where a regulated activity is located or conducted, or 

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

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

conditions of this permit; 
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C. Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

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

as otherwise authorized by the CWA, any substances or parameters at any location.

B.10 Monitoring and Records

A. Operators must retain records of all reports required by this permit, and records of all data 

used to complete the NOI for this permit, for a period of at least 3 years from the date the 

permit expires or the date the Operator’s authorization is terminated. That period may be 

extended by request of EPA at any time. 

[As written, this permit does not require Operators to perform the type of sample collection 

and monitoring described in the following sections of this appendix, B.10.B through 

B.10.F. However, where EPA requires any monitoring, consistent with Part 1.2.3 of the 

Permit, the sample collection and monitoring requirements in B.10.B through B.10.F of 

this appendix apply to those Operators that collect samples.]

B. Samples and measurements taken for the purpose of monitoring must be representative of 

the volume and nature of the monitored activity. 

C. Operators must retain records of all monitoring information, including all calibration and 

maintenance records and all original strip chart recordings for continuous monitoring 

instrumentation, for a period of at least 3 years from the date the permit expires or the date 

the Operator’s authorization is terminated. This period may be extended by request of EPA 

at any time.

D. Records of monitoring information must include the following: 

1. The date, exact place, and time of sampling or measurements;

2. The individual(s) who performed the sampling or measurements; 

3. The date(s) analyses were performed

4. The individual(s) who performed the analyses; 

5. The analytical techniques or methods used; and 

6. The results of such analyses

E. Monitoring must be conducted according to test procedures approved under 40 CFR Part 

136, unless other test procedures have been specified in the permit.

F. The CWA provides that any person who falsifies, tampers with, or knowingly renders 

inaccurate any monitoring device or method required to be maintained under this permit 

will, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment 

for not more than 2 years, or both. If a conviction of a person is for a violation committed 

after a first conviction of such person under this paragraph, punishment is a fine of not 

more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or 

both. 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

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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 manager of one or more manufacturing, production, or operating 

facilities, provided, the manager is authorized to make management decisions that 

govern the operation of the regulated activity including having the explicit or implicit 

duty of making major capital investment recommendations, and initiating and directing 

other comprehensive measures to assure long-term environmental compliance with 

environmental laws and regulations; the manager can ensure that the necessary systems 

are established or actions taken to gather complete and accurate information for permit 

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

delegated to the manager in accordance with corporate procedures.

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

respectively; or 

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

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

executive officer of a federal agency includes (i) the chief executive officer of the 

agency, or (ii) a senior executive officer having responsibility for the overall operations 

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

B. Any Pesticide Discharge Management Plan (PDMP), including changes to the PDMP to 

document any corrective actions taken as required by Part 6, and all reports submitted to 

EPA, must be signed by a person described in Appendix B, Subsection B.11.A above or by 

a duly authorized representative of that person. A person is a duly authorized representative 

only if the following are true: 

1. The authorization is made in writing by a person described in Appendix B, Subsection 

B.11.A; 

2. The authorization specifies either an individual or a position having responsibility for 

the overall operation of the regulated activity such as the position of superintendent, 

position of equivalent responsibility, or an individual or position having overall 

responsibility for environmental matters for the company. (A duly authorized 

representative may thus be either a named individual or any individual occupying a 

named position); and

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

submitted to EPA, if requested. 

C. All other changes to the PDMP, and other compliance documentation required under this 

permit, must be signed and dated by the person preparing the change or documentation. 

D. Changes to Authorization. If an authorization under Appendix B, Subsection B.11.A is no 

longer accurate because the application activities have been purchased by a different entity, 

a new NOI satisfying the requirements of Subsection B.11.A must be submitted to EPA. 

However, if the only change that is occurring is a change in contact information or a 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

B-6 

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 

noncompliance will, upon conviction, be punished by a fine of not more than $10,000 per 

violation, or by imprisonment for not more than 6 months per violation, or by both. 

B.12 Reporting Requirements

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

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

requirements.

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

an Operator wants to transfer coverage under the permit to a new Operator, the original 

Operator (i.e., the first Operator) must submit an NOT pursuant to Part 1.2.5. The new 

Operator must submit an NOI in accordance with Part 1.2. See also requirements in 

Appendix B, Subsections B.11.B and B.11.D. 

C. Pesticide Monitoring Reports. This permit does not require Operators to report monitoring 

results routinely; however, EPA may, pursuant to Part 1.2.3, require certain Operators to 

monitor and report such results. In such instances, provisions of B.12.C apply. 

1. Monitoring data must be submitted to EPA at the appropriate Regional address 

identified in Part 9.2. 

2. If an Operator monitors any pollutant more frequently than required using test 

procedures approved under 40 CFR Part 136 or as otherwise specified by EPA, the 

results of this monitoring must be included in reporting of monitoring data submitted to 

EPA.

3. Calculations for all limitations that require averaging of measurements must use an 

arithmetic mean unless otherwise specified by EPA.

D. Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit must be submitted no later than 14 days following each schedule date. 
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E. Twenty-four hour reporting. 

1. In addition to adverse incident and spill reporting requirements in Parts 6.4 and 6.5, 

respectively, Operators must report any noncompliance which may endanger health or 

the environment. Any information must be provided orally within 24 hours from the 

time the Operator becomes aware of the circumstances. A written submission must also 

be provided within 5 days of the time the Operator becomes aware of the 

circumstances. The written submission must contain a description of the 

noncompliance and its cause; the period of noncompliance, including exact dates and 

times, and if the noncompliance has not been corrected, the anticipated time it is 

expected to continue; and steps taken or planned to reduce, eliminate, and prevent 

reoccurrence of the noncompliance. 

2. For purposes of this permit, Operators must submit a 24-hour report under this section 

for any upset, as defined in Appendix B, Subsection B.13, which exceeds any effluent 

limitation in the permit.

3. EPA may waive the written report on a case-by-case basis for reports under Appendix 

B, Subsection B.12.E.2 if the oral report has been received within 24 hours. 

F. Other noncompliance. Operators must report all instances of noncompliance not reported 

under Appendix B, Subsections 12.A, 12.D, and 12.E, at the time any applicable annual or 

monitoring reports are submitted. The reports must contain the information listed in 

Appendix B, Subsection 12.E.1. 

G. Other information. Where an Operator becomes aware of its failure to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or 

in any report to the Permitting Authority, the Operator must promptly submit such facts or 

information. 

B.13 Upset

A. Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology-based permit effluent limitations because of 

factors beyond the Operator’s reasonable control. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. See 40 CFR 122.41(n)(1). 

B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology-based permit effluent limitations if the requirements 

of Appendix B, Subsection B.13.C are met. Any determination made during administrative 

review of claims that noncompliance was caused by an upset, and before an action for 

noncompliance, is not final administrative action subject to judicial review. See 40 CFR 

122.41(n)(2). 

C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). An Operator 

who wishes to establish the affirmative defense for an upset must demonstrate, through 

properly signed, contemporaneous operating logs, or other relevant evidence that 

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

2. The permitted activity was at the time being properly operated; and 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

B-8 

3. The Operator submitted notice of the upset as required in Appendix B, Subsection 

B.12.E.2 (24 hour notice). 

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

Subsection B.4.

D. Burden of proof. In any enforcement proceeding, the Operator, as the one seeking to 

establish the occurrence of an upset, has the burden of proof. See 40 CFR 122.41(n)(4). 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

C-1 

Appendix C. 

Areas Covered (and NPDES Permit Numbers)

1. EPA Region 1: Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, 

Vermont

Where EPA is Permitting Authority

MAG87#### Massachusetts, including Indian Country lands within Massachusetts

CTG87###E Indian Country lands within Connecticut 

NHG87#### New Hampshire

RIG87###E Indian Country lands within Rhode Island 

VTG87###E Federal facilities within Vermont

2. EPA Region 2: New Jersey, New York, Puerto Rico, United States Virgin Islands 

Where EPA is Permitting Authority

NYG87###E Indian Country lands within New York State 

PRG87#### Puerto Rico

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

Virginia

Where EPA is Permitting Authority

DCG87#### The District of Columbia

DEG87###E Federal facilities within Delaware

4. EPA Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, Tennessee

Where EPA is Permitting Authority

ALG87###E Indian Country lands within Alabama 

FLG87###E Indian Country lands within Florida 

MSG87###E Indian Country lands within Mississippi 

NCG87###E Indian Country lands within North Carolina 

5. EPA Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin 

Where EPA is Permitting Authority

MIG87###E Indian Country lands within Michigan 

MNG87###E Indian Country lands within Minnesota 

WIG87###E Indian Country lands within Wisconsin
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

C-2 

6. EPA Region 6: Arkansas, Louisiana, Oklahoma, Texas, New Mexico (except see Region 9 

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

Where EPA is Permitting Authority

LAG87###E Indian Country lands within Louisiana 

NMG87#### New Mexico, including Indian Country lands within New Mexico, except Navajo 

Reservation Lands (see Region 9) and Ute Mountain Reservation Lands (see 

Region 8) 

OKG87###E Indian Country lands within Oklahoma 

TXG87###E Discharges in Texas that are not under the authority of the Texas Commission on 

Environmental Quality (formerly TNRCC), including activities associated with 

the exploration, development, or production of oil or gas or geothermal resources, 

including transportation of crude oil or natural gas by pipeline, including Indian 

Country lands. 

7. EPA Region 7: Iowa, Kansas, Missouri, Nebraska (except see Region 8 for Pine Ridge 

Reservation Lands)

Where EPA is Permitting Authority

IAG87###E Indian Country lands within Iowa 

KSG87###E Indian Country lands within Kansas 

NEG87###E Indian Country lands within Nebraska, except Pine Ridge Reservation lands (see 

Region 8) 

8. EPA Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah 

(except see Region 9 for Goshute Reservation and Navajo Reservation 

Lands), the Ute Mountain Reservation in NM, and the Pine Ridge 

Reservation in Nebraska

Where EPA is Permitting Authority

COG87###E Federal facilities within Colorado, including those on Indian Country lands within 

Colorado as well as the portion of the Ute Mountain Reservation located in New 

Mexico

MTG87###E Indian Country lands within Montana 

NDG87###E Indian Country lands within North Dakota 

SDG87###E Indian Country lands within South Dakota as well as the portion of the Pine Ridge 

Reservation located within Nebraska (see Region 7)

UTG87###E Indian Country lands within Utah, except Goshute and Navajo Reservation lands 

(see Region 9)

WYG87###E Indian Country lands within Wyoming 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

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9. EPA Region 9: California, Hawaii, Nevada, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Goshute Reservation 

in Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and 

Arizona, the Duck Valley Reservation in Idaho, and the Fort McDermitt 

Reservation in Oregon

Where EPA is Permitting Authority

ASG87#### The Island of American Samoa

AZG87###E Indian Country lands within Arizona, as well as Navajo Reservation lands within 

New Mexico (see Region 6) and Utah (See Region 8), excluding for Hualapai 

Reservation

CAG87###E Indian Country lands within California 

GUG87#### The Island of Guam 

JAG87#### Johnston Atoll 

MWG87#### Midway Island, Wake Island, and other unincorporated U.S. possessions 

NIG87#### Commonwealth of the Northern Mariana Islands 

NVG87###E Indian Country lands within Nevada, as well as the Duck Valley Reservation 

within Idaho, the Fort McDermitt Reservation within Oregon (see Region 10) and 

the Goshute Reservation within Utah (see Region 8)

10. EPA Region 10: Alaska, Washington, Idaho (except see Region 9 for Duck Valley 

Reservation Lands), and Oregon (except see Region 9 for Fort McDermitt 

Reservation)

Where EPA is Permitting Authority

AKG87###E Indian Country lands within Alaska 

IDG87#### Idaho, including Indian Country lands within Idaho, except Duck Valley 

Reservation lands (see Region 9), excluding Puyallup Tribe Reservation 

ORG87###E Indian Country lands within Oregon, except Fort McDermitt Reservation lands 

(see Region 9)

WAG87###E Federal Facilities in Washington, including those on Indian Country lands within 

Washington 
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

D-1 

Appendix D. Notice of Intent Form

Part 7.8 requires you to use the NPDES eNOI System to prepare and submit your NOI unless the 

electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use a 

paper NOI form, and you elect to use it, you must complete and submit the following form. 
EPA FORM 6100-22 (Revised Date) Page 1 of 7 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

NOTICE OF INTENT (NOI) OF COVERAGE UNDER THE PESTICIDE 

GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE APPLICATION 

OF PESTICIDES

Form Approved 

OMB No.

2040-0284

Submission of this completed Notice of Intent (NOI) constitutes notice that the Operator identified in Section B intends to be authorized to discharge pollutants 

to waters of the United States within the pest management area identified in Section C under EPA’s Pesticide General Permit. Submission of this NOI 

constitutes notice that the party identified in Section B of this form has read, understands, and meets the eligibility conditions of Part 1 of the permit; agrees to 

comply with all applicable terms and conditions of the permit; and understands that continued authorization under the permit is contingent on maintaining 

eligibility for coverage. To be granted coverage, all information required on this form must be completed. Please read and make sure you comply with all permit 

requirements, including the requirement for large entities to prepare a Pesticide Discharge Management Plan (PDMP) prior to NOI submittal. Refer to the 

instructions at the end of this form to complete your NOI.

Approval to Use Paper NOI Form (Electronic Submission Waiver)

Has the EPA Regional Office granted you a waiver from electronic reporting*? YES NO

If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the 

date of approval:

Waiver granted: The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as 

under-served for broadband Internet access in the most recent report from the Federal Communications 

Commission. 

The Decision-maker has limitations regarding available computer access or computer capability.

Name of EPA staff person 

who granted the waiver: 

Date approval obtained: / / 

*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOI form. If you

have not obtained a waiver, you must file this form electronically using the NPDES eNOI system at 

http://www.epa.gov/npdes/electronic-notice-intent-enoi.

A. Notice of Intent Status

1. Mark whether this is the first time you are requesting coverage under the Pesticide General Permit or if this is a change of information 

for a discharge already covered under the Pesticide General Permit. If this is a change of information, supply the NPDES permit tracking 

number for the discharge.

a. Original NOI Submission

b. NOI Change of Information: (NPDES Permit Tracking Number)

Please note: When selecting A.1.b please fill out Section B (Operator Name and Mailing Address) and the fields of the NOI that need to be modified.

B. Operator Information

1. Operator Name: 

2. Operator Type (check one):

a. Federal government b. State government c. Local government

d. Mosquito control district (or similar) e. Irrigation control district (or similar) f. Weed control district (or similar)

g. Other: If other, provide brief description of 

type of Operator: 

 

3. Are you a large entity as defined in Appendix A of the permit? (check one):

Yes No

Please note: If you answer “Yes” to question 3 you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit an Annual 

Report reflecting all pesticide uses for which you are requesting permit coverage under this NOI. 

4. In which state are your pest management areas located? Please specify only one state per NOI:

5. Mailing Address:

a. Street: 

b. City: c. State: d. ZIP Code: – 

e. Telephone: – – Ext f. Fax: – – 

g. Contact Name: 

h. E-mail: 
EPA FORM 6100-22 (Revised Date) Page 2 of 7 

C. Pest Management Areas: Complete Section C for each Pest Management Area for which coverage under EPA’s Pesticide 

General Permit is desired. Copy this section for additional Pest Management Areas. 

Pest Management Area #___ of ##___ 

1. Pest Management Area Name: ________________________________________________________________________________________________

Provide a map of the location of the Pest Management Area (attach map) or describe the location of the Pest Management Area in detail. 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

2. Are any of your activities for which you are requesting coverage under this NOI occurring on Indian Country Lands? Yes No

 If yes, identify the reservation or otherwise describe those areas:

_______________________________________________________________________________________________________________________ 

_______________________________________________________________________________________________________________________ 

3. Are any of your activities (in this pest management area) for which you are requesting coverage under this NOI occurring on areas considered “federal 

facilities” as defined by the permit? Yes No

4. Mailing address and contact information of the pesticide Applicator (or check here if same as provided in Section B):

a. Street: 

b. City: c. State: d. ZIP Code: –

e. Telephone: – – Ext f. Fax: – – 

g. Contact Name: 

h. E-mail: 

5. Pesticide Use Patterns to be included in this Pest Management Area (check all that apply): 

a. Mosquito and Other Flying Insect Pest Control

b. Weed and Algae Pest Control

c. Animal Pest Control

d. Forest Canopy Pest Control

6. Receiving Waters (check one):

a. Coverage requested for all waters of the United States within the Pest Management Area identified above.

b. Coverage requested specifically for the following waters of the United States within the Pest Management Area identified above.

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

c. Coverage requested for all waters of the United States within the Pest Management Area identified above except for: 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

7. Tier 3 Waters

Is coverage requested for discharge to a Tier 3 water (Outstanding National Resource Water) of the United States? Yes No 

If yes, answer a and b: 

a. Name of Tier 3 water(s):________________________________________________________________________________________________ 

b. Provide rationale for determination that pesticide discharge is necessary to protect water quality, the environment, and/or public health and that 

any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis: 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

8. Water Quality, Impaired Waters

Operators are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the United States if the waters are

identified as impaired by a substance which is either an active ingredient of the pesticide designated for use or is a degradate of such an active 

ingredient. See Part 1.1.2.1 of the permit. Check one:

a. Waters are NOT impaired by any substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active 

ingredient

b. Waters are on a current state list as being impaired by a substance which is either an active ingredient of a pesticide to be discharged or a 

degradate of such an active ingredient; however, evidence is attached documenting that the waters are no longer impaired. 
EPA FORM 6100-22 (Revised Date) Page 3 of 7 

D. Endangered Species Protection: Complete Section D for each Pest Management Area for which coverage under EPA’s 

Pesticide General Permit is desired. Copy this section for additional Pest Management Areas. 

Pest Management Area #___ of ##___ 

1. Identify the criterion for which you are eligible for permit coverage as it applies to Federally Listed Threatened or Endangered Species (i.e., Species) 

and/or Federally Designated Critical Habitat (i.e., Habitat). Check one: 

a. Pesticide application activities will not result in a point source discharge to one or more waters of the United States containing National Marine 

Fisheries Service (NMFS) Listed Resources of Concern, as defined in Appendix A, of the PGP. 

b. Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States containing 

NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but consultation with NMFS under Section 7 of the Endangered Species 

Act (ESA) has been concluded for pesticide application activities covered under the PGP. Consultations can be either formal or informal, and would 

have occurred only as a result of a separate federal action. The consultation addressed the effects of pesticide discharges and discharge-related 

activities on federally-listed threatened or endangered species and federally-designated critical habitat, and must have resulted in either: 

i. A biological opinion from NMFS finding no jeopardy to federally-listed species and no destruction/adverse modification of federally-designated 

critical habitat; or 

ii. Written concurrence from NMFS with a finding that the pesticide discharges and discharge-related activities are not likely to adversely affect 

federally-listed species or federally-designated critical habitat. 

c. Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States containing 

NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but all “take” of these resources associated with such pesticide 

application activities has been authorized through NMFS’ issuance of a permit under section 10 of the ESA, and such authorization addresses the 

effects of the pesticide discharges and discharge-related activities on federally-listed species and federally-designated critical habitat. (The term 

“take” means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. See Section 3 of the 

Endangered Species Act, 16 U.S.C. § 1532 (19).)

d. Pesticide application activities were, or will be, discharged to one or more waters of the United States containing NMFS Listed Resources of 

Concern, as defined in Appendix A of the PGP, but only in response to a Declared Pest Emergency Situation. 

e. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States

containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those where the Decision-maker 

includes in the NOI written correspondence from NMFS that pesticide application activities performed consistent with appropriate measures will 

avoid or eliminate the likelihood of adverse effects to NMFS Listed Resources of Concern. 

f. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States 

containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those from pesticide application 

activities that are demonstrated by the Decision-maker as not likely to adversely affect NMFS Listed Resources of Concern or that the pest poses a 

greater threat to the NMFS Listed Resources of Concern than does the discharge of the pesticide. 

2. If you checked criterion d or criterion f above, provide the following information for all discharges to waters of the United States containing NMFS Listed 

Resources of Concern identified within the pest management area for which permit coverage is being requested. For discharges pursuant to criterion d, 

Declared Pest Emergency Situations, information for items a through g should also include any discharges that have already occurred prior to NOI 

submission as well as the activities you performed in the 15 day period before submission of this NOI was required. In some cases, implementation of 

pest management measures as specified in the permit involves a degree of “adaptive management” such that exact timing and quantities of applications 

cannot be determined in advance for the duration of the permit. In such cases, the permittee must provide the required information to the extent feasible 

and consistent with the implementation of the selected pest management measures.

a. Describe the location of the pest management area in detail or provide a map of the location: 

 ____________________________________________________________________________________________________________________ 

b. Pest(s) to be controlled:

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

c. Pesticide product(s) to be discharged and method of application: ________________________________________________________________ 

d. Planned quantity and rate of discharge(s) for each method of application: _________________________________________________________ 

e. Number of planned discharges: ____________

f. Approximate date(s) of planned discharge(s): _______________________________________________________________________________ 

g. Your rationale supporting your determination that you meet the criterion for which you are submitting this NOI, including appropriate measures to be 

undertaken to avoid or eliminate the likelihood of adverse effects. For certifications pursuant to Criterion D, indicate whether the discharge is likely to 

adversely affect NMFS Listed Resources of Concern and, if so, any feasible measures to avoid or eliminate such adverse effects (attach additional 

pages as necessary): 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 

____________________________________________________________________________________________________________________ 
EPA FORM 6100-22 (Revised Date) Page 4 of 7 

E. 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. On the basis of 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. 

Printed Name: 

Title: 

E-Mail: 

 Signature/Responsible Official: Date: / / 

NOI Preparer (Complete if NOI was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext Date: / / 

E-Mail:
EPA FORM 6100-22 (Revised Date) Page 5 of 7 

Instructions for Completing the Notice of Intent (NOI) for Coverage Under the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides

Who Must File a NOI with EPA? 

Any Operator, as described in Part 1.2.2 of the permit and meeting the eligibility 

requirements identified in Part 1.1 of the permit and Table 1-1 below must submit a 

complete and accurate NOI. As required in the permit, only certain Operators who are 

also Decision-makers must submit NOIs.

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

PGP Part/

Pesticide Use

Which Decision-Makers Must 

Submit NOIs?

For Which Pesticide 

Application Activities?

All four use 

patterns 

identified in 

Part 1.1.1

Any Decision-maker with an 

eligible discharge to a Tier 3 water 

(Outstanding National Resource 

Water) consistent with Part 1.1.2.2

Activities resulting in a 

discharge to a Tier 3 water

All four use 

patterns 

identified in 

Part 1.1.1

Any Decision-maker with an 

eligible discharge to waters of the 

United States containing NMFS

Listed Resources of Concern, as 

defined in Appendix A

Activities resulting in a 

discharge to waters of the 

United States containing 

NMFS Listed Resources of 

Concern, as defined in 

Appendix A

1.1.1(a) -

Mosquito and 

Other Flying 

Insect Pest 

Control

Any Agency for which pest 

management for land resource 

stewardship is an integral part of 

the organization’s operations.

All activities resulting in a 

discharge for which the 

Federal or State agency is 

responsible for pest control

Mosquito control districts, or 

similar pest control districts

All activities resulting in a 

discharge for which the 

Decision-maker is 

responsible for pest control

Local governments or other 

entities who exceed the annual 

treatment area threshold identified 

here

Adulticide treatment if more 

than 6,400 acres during a

calendar year

1.1.1(b) -

Weed and Algae 

Pest Control

Any Agency for which pest 

management for land resource 

stewardship is an integral part of 

the organization’s operations.

All activities resulting in a 

discharge for which the 

Federal or State agency is 

responsible for pest control

Irrigation and weed control 

districts, or similar pest control 

districts

All activities resulting in a 

discharge for which the 

Decision-maker is 

responsible for pest control

Local governments or other 

entities who exceed the annual 

treatment area threshold identified 

here

Treatment during a calendar 

year if more than either:

20 linear miles

OR

80 acres of water (i.e., 

surface area)

1.1.1(c) -

Animal Pest 

Control

Any Agency for which pest 

management for land resource 

stewardship is an integral part of 

the organization’s operations.

All activities resulting in a 

discharge for which the 

Federal or State agency is 

responsible for pest control

Local governments or other 

entities who exceed the annual 

treatment area threshold identified 

here

Treatment during a calendar 

year if more than either:

20 linear miles

OR

80 acres of water (i.e., 

surface area)

1.1.1.(d) -

Forest Canopy 

Pest Control

Any Agency for which pest 

management for land resource 

stewardship is an integral part of 

the organization’s operations.

All activities resulting in a 

discharge for which the 

Federal or State agency is 

responsible for pest control

Local governments or other 

entities who exceed the annual 

treatment area threshold identified 

here

Treatment if more than 6,400 

acres during a calendar year

If you have questions about whether you need to file an NOI or questions about 

completing the form, see www.epa.gov/npdes/pesticides or contact the NOI Center toll 

free at 866-352-7755.

One NOI can be submitted for multiple pest management areas in a state for which 

you are seeking permit coverage; however, no more than one state can be included on 

any single NOI form. 

When to File the NOI? 

Do not file your NOI until you have obtained and thoroughly read a copy of the permit. 

A copy of the permit is on EPA’s website (www.epa.gov/npdes/pesticides).The permit

describes procedures to ensure your eligibility, prepare your Pesticide Discharge 

Management Plan (PDMP), and complete the NOI form questions—all of which must 

be done before you sign the NOI certification statement attesting to the accuracy and 

completeness of your NOI. You will also need a copy of the permit once you have 

obtained coverage so that you can comply with the implementation requirements of 

the permit. Note: PDMP is not required for 1) any application made in response to a 

Declared Pest Emergency Situation, as defined in Appendix A of the permit; and 2) 

any Decision-maker who is required to submit an NOI solely because their application 

results in a point source discharge to waters of the United States containing NMFS 

Listed Resources of Concern, as defined in Appendix A of the permit.

Approval to Use Paper NOI Form: Note that you are not authorized to use this paper 

NOI form unless the EPA Regional Office has approved its use. Where you have 

obtained approval to use this form, indicate the waiver that you have been granted, the 

name of the EPA staff person who granted the waiver, and the date that approval was 

provided. 

For any discharges after October 31, 2016, Decision-makers meeting the eligibility 

requirements identified in the Part 1.1 of the permit and Table 1-1 must submit a 

complete and accurate NOI according to Table 1-2 and Table 1-3 and consistent with 

the requirements of Part 1.2 of the permit. 

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

Discharges from the Application of Pesticides 1

Operator Type

NOI Submission 

Deadline

Discharge Authorization 

Date2

Any Decision-maker with 

any discharge to waters of 

the United States containing 

NMFS Listed Resources of 

Concern, except for those 

discharges in response to a 

Declared Pest Emergency 

Situation, as defined in 

Appendix A.

At least 30 days 

before any discharge 

to waters of the 

United States 

containing NMFS 

Listed Resources of 

Concern, as defined 

in Appendix A. 5

No earlier than 30 days after 

EPA posts on the Internet a 

receipt of a complete and 

accurate NOI.3, 5

Any Decision-maker with a 

discharge in response to a 

Declared Pest Emergency 

for which that activity 

triggers the NOI requirement 

identified in Part 1.2.2, 

except for any discharges to 

waters of the United States 

containing NMFS Listed 

Resources of Concern.

No later than 30 days 

after beginning 

discharge.

Immediately upon beginning to 

discharge for activities 

conducted in response to a 

Declared Pest Emergency 

Situation.

Any Decision-maker with 

any discharge to waters of 

the United States containing 

NMFS Listed Resources of 

Concern, in response to a 

Declared Pest Emergency 

Situation, as defined in 

Appendix A.

No later than 15 days 

after beginning to 

discharge in 

response to a 

Declared Pest 

Emergency Situation.

Immediately upon beginning to 

discharge for activities 

conducted in response to a 

Declared Pest Emergency 

Situation for a period of at least 

60 days. 4

Any Decision-maker who

exceeds any annual 

treatment area threshold.

At least 10 days 

before exceeding an 

annual treatment 

area threshold.

No earlier than 10 days after 

EPA posts on the Internet 

receipt of a complete and 

accurate NOI.

Any Decision-maker 

otherwise required to submit 

an NOI as identified in Table 

1-1 

At least 10 days 

before any discharge 

for which an NOI is 

required

No earlier than 10 days after 

EPA posts on the Internet 

receipt of a complete and 

accurate NOI.

1 State, territory and tribal specific requirements in addition to the requirements in this 

table are provided in Part 9 of the permit. 2 On the basis of a review of an NOI or other information, EPA may delay 

authorization to discharge beyond any timeframe identified in Table 1-2, determine 
EPA FORM 6100-22 (Revised Date) Page 6 of 7 

that additional technology-based and/or water quality-based effluent limitations or 

other conditions are necessary, or deny coverage under this permit and require 

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

of the permit. 3 Within 30 days after EPA posts on the Internet receipt of a complete and accurate 

NOI, for those areas with NMFS Listed Resources of Concern, as defined in 

Appendix A of the permit, NMFS will provide EPA with a determination as to 

whether it believes the eligibility criterion of “not likely to adversely affect listed 

species or designated critical habitat” has been met, could be met with conditions 

that NMFS identifies, or has not been met. EPA expects to rely on NMFS’ 

determination in deciding whether to withhold authorization. If NMFS does not 

provide EPA with this information within 30 days of EPA posting on the Internet 

receipt of a complete and accurate NOI, the discharges will be authorized 30 days 

after EPA posts on the Internet receipt of a complete NOI. 4 In any Declared Pest Emergency Situation in areas with waters of the United States 

containing NMFS Listed Resources of Concern, NMFS will have 30 days after 

submission of an NOI to provide EPA with a determination as to whether the 

eligibility criteria of “not likely to adversely affect listed species or designated critical 

habitat” has been met, could be met with conditions that NMFS identifies, or has 

not been met. EPA expects to rely on NMFS’ determination in deciding whether to 

allow continued permit coverage and if additional conditions are necessary. If 

NMFS does not provide EPA with a recommendation within 30 days of EPA posting 

on the Internet receipt of a complete and accurate NOI, authorization for these 

discharges will continue. If EPA identifies additional permit conditions, or includes 

additional permit conditions recommended by NMFS, as necessary to qualify 

discharges as eligible for coverage beyond 60 days under the PGP, those 

conditions remain in effect for the life of the permit. 5 EPA may authorize certain discharges in less than 30 days, but no fewer than 10 

days, for any discharges authorized under Criterion B, C, or E of Part 1.1.2.4 (for 

which NMFS has already evaluated the effects of these discharges).

Table 1-3. NOI Change of Information Submittal Deadlines and Discharge 

Authorization Dates

Operator Type

NOI Submission 

Deadline

Discharge Authorization 

Date

Any Decision-maker 

requiring permit coverage 

for a pest management 

area not identified on a 

previously submitted NOI 

for this permit, except for 

discharges to any; (1) Tier 

3 water, or 

(2) waters of the United 

States containing NMFS 

Listed Resources of 

Concern. Except for such 

waters, changes other than

identification of a new pest 

management area or a new 

pesticide use pattern do not 

require a revised NOI 

submittal.

At least 10 days before 

beginning to discharge 

in that newly identified 

area unless discharges

are in response to a 

Declared Pest 

Emergency Situation in 

which case not later 

than 30 days after 

beginning discharge.

No earlier than 10 days after 

EPA posts on the Internet 

the receipt of a complete and 

accurate NOI unless 

discharges are in response 

to a Declared Pest 

Emergency Situation in 

which case coverage is 

available immediately upon 

beginning to discharge from 

activities conducted in 

response to Declared Pest 

Emergency Situation.

Any Decision-maker 

discharging to a Tier 3 

water not identified by 

name on a previously 

submitted NOI for this 

permit, except for Tier 3 

waters containing NMFS 

Listed Resources of 

Concern

At least 10 days before 

beginning to discharge 

in that newly identified 

area unless discharges 

are in response to a 

Declared Pest 

Emergency Situation in 

which case not later 

than 30 days after 

beginning discharge.

No earlier than 10 days after 

EPA posts on the Internet 

the receipt of a complete and 

accurate NOI unless 

discharges are in response 

to a Declared Pest 

Emergency Situation in 

which case coverage is 

available immediately upon 

beginning to discharge from 

activities conducted in 

response to Declared Pest 

Emergency Situation.

Operator Type

NOI Submission 

Deadline

Discharge Authorization 

Date

Any Decision-maker with 

any discharge to waters of 

the United States 

containing NMFS Listed 

Resources of Concern, as 

defined in Appendix A, not 

identified on a previously 

submitted NOI for this 

permit. This includes 

changes in any treatment 

area, pesticide product, 

method or rate of 

application, or approximate 

dates of applications.

At least 30 days before 

beginning to discharge 

in that newly identified 

treatment area unless 

discharges are in 

response to a Declared 

Pest Emergency 

Situation in which case 

not later than 15 days 

after beginning 

discharge.

No earlier than 30 days after 

EPA posts on the Internet 

receipt of a complete and 

accurate NOI unless 

discharges are in response 

to a Declared Pest 

Emergency Situation in 

which case coverage is 

available immediately upon 

beginning to discharge from 

activities conducted in 

response to Declared Pest 

Emergency Situation.

Where to File the NOI 

The Decision-maker must prepare and submit the NOI using EPA’s electronic Notice 

of Intent system (eNOI) available on EPA’s website 

(http://www.epa.gov/npdes/electronic-notice-intent-enoi) unless the Decision-maker is 

granted a waiver from the requirement to use eNOI for submission of the NOI. See 

Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at 

the top of this form. 

EPA will immediately post on the pesticides eNOI Website all NOIs received. Late 

NOIs will be accepted, but authorization to discharge will not be retroactive.

If you are granted a waiver from using eNOI; you must send the NOI form to one of the 

addresses listed below.

Via United States Mail:

United States Environmental Protection Agency

Office of Water, Water Permits Division

Mail Code 4203M, ATTN: NPDES Pesticides

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Via overnight/express delivery:

United States Environmental Protection Agency

Office of Water, Water Permits Division

EPA East Building - Room 7420, ATTN: NPDES Pesticides

1201 Constitution Avenue, NW

Washington, DC 20004

Phone: 202-564-9545

If you have questions, contact EPA’s Pesticides Notice Processing Center toll free at 

866-352-7755. 

• If you file a paper NOI, submit the original with a signature in ink. Do not send 

copies. Also, faxed copies will not be accepted.

• If you are required to develop a PDMP, that document does not need to be 

submitted for review unless specifically requested by EPA. You must keep a 

copy of your PDMP on-site or otherwise make it available to facility personnel 

responsible for implementing provisions of the permit.

Completing the NOI Form 

To complete this form, type or print in uppercase letters in the appropriate areas only. 

Please make sure you complete all questions. Make sure you make a photocopy for 

your records before you send the completed original form to the address above. You 

may also use this paper form as a checklist for the information you will need when 

filing an NOI electronically via EPA’s Pesticides eNOI System. 

Section A. NOI Status

1. Indicate if this is the first time you are requesting coverage under the permit or if 

this is a change of information. 

a. Check this box if this is the first time you are requesting coverage under the permit 

for these discharges. If this is the first time you are requesting coverage, refer to 

Table 1-2 for NOI submittal deadlines and discharge authorization dates. 

b. Check this box if this is a change of information for a discharge already covered 

under the permit. If this is a change of information, supply the NPDES permit 

tracking number that you received in your confirmation letter or e-mail from EPA’s 

Pesticide Notice Processing Center. You can find the tracking number assigned to 

your previous NOI using EPA’s eNOI System (http://www.epa.gov/npdes/electronicnotice-intent-enoi). For additional details regarding a change of information, see 

Table 1-3. Also fill out Section B of this form (Operator Name and Mailing Address)

and the associated fields of information that need to be modified on the NOI.
EPA FORM 6100-22 (Revised Date) Page 7 of 7 

Section B. Operator Information

1. Provide the legal name of the person, firm, public organization or any other public 

entity who is the Decision-maker for the pesticides applications described in this 

notice. A Decision-maker is an Operator who has control over the decision to 

perform pesticide applications including the ability to modify those decisions that 

result in a discharge to waters of the United States.

2. Indicate the type of Operator: federal government, state government, local 

government, mosquito control district (or similar), irrigation control district (or 

similar), weed control district (or similar), or other. If other, provide brief description 

of type of Operator in the space provided. 

3. Indicate whether or not you are a “large entity” as defined in Appendix A of the 

permit. Note that if you are a large entity, you are required to develop a Pesticide 

Discharge Management Plan (PDMP) and submit future Annual Reports reflecting 

all pesticide uses for which you are requesting permit coverage under this NOI.

4. Indicate which state your pest management areas are located. Specify only one 

state per NOI. If there is more than one state, additional NOIs must be submitted. 

5. Provide the Decision-maker’s mailing address, telephone number, fax number 

(optional), name, and e-mail address. Correspondence will be sent to this address.

Section C. Pest Management Area: Information for each Pest Management Area 

for which coverage under EPA’s Pesticide General Permit is desired. 

1. Indicate whether you are submitting an NOI for multiple pest management areas. A 

pest management area is the area of land, including any water, for which you have 

responsibility and are authorized to conduct pest management activities as covered 

by this permit (e.g., if you are a mosquito control district, your pest management 

area is the total area of the district). You must complete a Section C for each pest 

management area. If you are submitting an NOI for only one area, enter “1” of “1.” If 

you are submitting NOIs for multiple pest management areas, enter the number for 

the NOI for which you are requesting coverage followed by the total number of pest 

management areas for which you are requesting coverage. Enter the name of the 

pest management area. Attach a map of the pest management area or describe the 

location of the pest management area in the space provided.

2. Indicate whether pesticide application will occur on Indian County Lands, and if so, 

provide the name of the reservation, if applicable. 

3. Indicate whether pesticide application will occur on a Federal Facility, as defined in

Appendix A of the permit. 

4. Enter the mailing address of the contact person for the pest management area. If 

this address is the same as the Decision-maker’s mailing address, indicate that by 

checking the box. If it is a different address, enter the mailing address, telephone 

number, fax number (optional), contact name, and e-mail address.

5. Indicate the pesticide use patterns for the pest management area for which the NOI 

is required. For additional information regarding pesticide use patterns, see Part 

1.1.1 of the permit. Check all the use patterns that apply to the pest management

area. 

6. Indicate if permit coverage is being requested for all waters of the United States

within the pest management area or if permit coverage is being requested to 

specific waters of the United States within the pest management area. If specific 

waters are being requested, write the names of the waterbodies. If permit coverage 

is being requested for all waters of the United States within the pest management 

area except for specific waterbodies, name those specific waterbodies in the space 

provided. EPA’s Water Locator Tool can help you identify the closest receiving 

water to your facility (http://www.epa.gov/waterdata/waters-tools).

7. Indicate if permit coverage is being requested to discharge to a Tier 3 (Outstanding 

National Resource Water) water of the United States. If yes, write the name(s) of 

the Tier 3 water(s) in the space provided. Describe and demonstrate why it is 

necessary to apply the pesticide discharge to protect the water quality, 

environment, and/or public health and that any such discharge will not degrade 

water quality or will degrade water quality only on a short-term or temporary basis.

8. Verify that waters within the pest management area are either not impaired by 

substances which are either active ingredients in the pesticide planned for use or

degradates of such active ingredients, OR that evidence shows that the target 

waters in question are no longer impaired. See Part 1.1.2.1 of the permit for more 

information on discharges to Water Quality Impaired Waters. 

Section D. Endangered Species Protection. Complete Section D for each Pest 

Management Area for which coverage under EPA’s PGP is desired.

Identify the Pest Management Areas, corresponding to those in Part C.

1. Coverage under the permit is available only for discharges and discharge-related 

activities, as defined in Appendix A of the permit, that are not likely to jeopardize the 

continued existence of any species that are federally- listed as endangered or 

threatened (“listed”) under the Endangered Species Act (ESA) and not likely to result 

in the adverse modification or destruction of habitat that is federally-designated as 

critical under the ESA (“critical habitat”) except as provided in criterion b, c, and for at 

least 60 days, d, below. For a subset of listed species and critical habitat, identified as 

NMFS Listed Resources of Concern and defined in Appendix A of the permit, there are 

specific criteria for determining eligibility. To demonstrate eligibility, you must meet one 

or more of the six criteria (a-f) for the entire term of coverage under the permit.

2. If you checked criterion d or criterion f, you are required to provide a description of 

the location of the pest management area or a map of the location, the pest(s) to be 

controlled, pesticide product(s) to be discharged and method of application, planned

quantity and rate of discharge(s) for each application method, number of planned 

discharges, approximate date(s) of planned discharge(s), and the rational supporting 

your determination that you meet the criterion for which the Decision-maker is 

submitting this NOI and documentation demonstrating the finding of “not likely to 

adversely affect.” If you certify under criteria f and do not hear from EPA within 30 

days, you may assume your discharge is authorized. For certifications pursuant to 

criterion d, indicate whether the discharge is likely to adversely affect NMFS Listed 

Resources of Concern and, if so, any feasible measures to avoid or eliminate such 

adverse effects. If you are certifying under criterion d (which allows you to discharge 

15 days before you even submit your NOI), your NOI should describe both the pest 

emergency activities you plan to do after you submit your NOI as well as the activities 

you performed in that 15 day period before you had to submit the NOI. See Part

1.1.2.4 of the permit for more information regarding Endangered and Threatened 

Species and Critical Habitat Protection. If you certify under criterion d and do not hear 

from EPA, you may assume that permit authorization continues unless notified 

otherwise. EPA may authorize certain discharges in less than 30 days, but no fewer 

than 10 days, for any discharges authorized under criterion b, c, or e (for which NMFS 

has already evaluated the effects of these discharges). If you certify under one of 

these criteria and do not hear from EPA within 30 days, you may assume your 

discharge is authorized. 

Section E. Certification

Enter the certifier’s printed name and title. Sign and date the form. For more 

information about the certification statement and signature, see Appendix B of the 

permit. (CAUTION: An unsigned or undated form will not be accepted.) Federal 

statutes provide for severe penalties for submitting false information. Federal 

regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, means:

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

principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions that govern the 

operation of the regulated activity including having the explicit or implicit duty of 

making major capital investment recommendations, and initiating and directing 

other comprehensive measures to assure long-term environmental compliance with 

environmental laws and regulations; the manager can ensure that the necessary 

systems are established or actions taken to gather complete and accurate 

information for permit application requirements; and where authority to sign 

documents has been assigned or delegated to the manager in accordance with 

corporate procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipal, state, federal, or other public facility: by either a principal executive or 

ranking elected official.

If the NOI was prepared by someone other than the certifier (for example, if the NOI 

was prepared by the PDMP contact or a consultant for the certifier’s signature), include 

the name, organization, phone number and e-mail address of the NOI preparer.

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is 

estimated to average 2.5 hours or 150 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the Director, 

Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 

Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in 

any correspondence. Do not send the completed NOI form to that address.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

E-1 

Appendix E. Notice of Termination Form

Part 7.8 requires you to use the NPDES eNOI System to prepare and submit your NOT unless 

the electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use 

a paper NOT form, and you elect to use it, you must complete and submit the following form. 
EPA FORM 6100-0023 (Revised Date) Page 1 of 3 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460 

NOTICE OF TERMINATION (NOT) OF COVERAGE UNDER THE PESTICIDE GENERAL PERMIT 

(PGP) FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES

Form Approved 

OMB No.

2040-0284

Approval to Use Paper NOT Form (Electronic Submission Waiver)

Has the EPA Regional Office granted you a waiver from electronic reporting*? YES NO

If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of 

approval:

Waiver granted: The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as underserved for broadband Internet access in the most recent report from the Federal Communications Commission. 

The Decision-maker has limitations regarding available computer access or computer capability.

Name of EPA staff person 

who granted the waiver: 

Date approval obtained: / / 

*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOT form. If you have not 

obtained a waiver, you must file this form electronically using the NPDES eNOI system at http://www.epa.gov/npdes/electronic-noticeintent-enoi.

A. Permit Information

1. NPDES Permit Tracking Number: 

2. Reason for termination (check one only):

a. 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.

b. You have obtained permit coverage under an NPDES individual permit or alternative NPDES general permit for all pesticide 

discharges requiring NPDES permit coverage.

c. A new Operator has taken over decision-making responsibility for the pest 

control activities covered under an existing NOI. Provide the transfer date and 

the new Operator information.

Date of transfer: / / 

New Operator Name: 

Street: 

City: State: ZIP Code: – 

Telephone: – – Ext. 

E-mail: 

B. Operator Information

1. Operator Name: 

2. Mailing Address:

Street: 

City: State: ZIP Code: – 

Telephone: – – Ext. 

3. Contact Name: 

E-mail: 
EPA FORM 6100-0023 (Revised Date) Page 2 of 3 

C. Certification

I certify under penalty of law that I have met at least one of the reasons for terminating permit coverage listed in Section A above. I understand that by 

submitting this Notice of Termination, I am no longer authorized to discharge pesticides to waters of the United States. 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. On the basis of 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 or imprisonment. Additionally, I understand 

that the submittal of this Notice of Termination does not release a pesticide Operator from liability for any violations of the Clean Water Act.

Printed Name: 

Title: 

E-Mail: 

Signature/Responsible Official: Date: / / 

NOT Preparer (Complete if NOT was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext. Date: / / 

E-Mail: 
EPA FORM 6100-0023 (Revised Date) Page 3 of 3 

INSTRUCTIONS FOR COMPLETING THE NOTICE OF TERMINATION (NOT) OF COVERAGE UNDER THE PESTICIDE GENERAL PERMIT (PGP) FOR

DISCHARGES FROM THE APPLICATION OF PESTICIDES

Who Must File an NOT with EPA? 

Any Operator required to submit a Notice of Intent (NOI) is required to submit a 

Notice of Termination (NOT) to end coverage under this permit. However, if EPA 

notifies the Operator to apply for an NPDES individual permit or alternative general 

permit, coverage under this permit terminates automatically. Dischargers 

automatically covered under this permit as identified in Part 1.2.3 of the permit are 

likewise automatically terminated upon permanent cessation of discharge consistent 

with any of the criteria identified in Part 1.2.5.3 of the permit. As required in the 

permit, only certain Operators who are also Decision-makers must submit NOIs.

If you have questions about whether you need to file an NOT or questions about 

completing the form, see www.epa.gov/npdes/pesticides or contact the NOI Center 

toll free at 866-352-7755.

When to File the NOT? 

Approval to Use Paper NOT Form: Note that you are not authorized to use this 

paper NOT form unless the EPA Regional Office has approved its use. Where you 

have obtained approval to use this form, indicate the waiver that you have been 

granted, the name of the EPA staff person who granted the waiver, and the date 

that approval was provided. 

Operators must file the NOT form within 30 days after one or more of the conditions 

in Part 1.2.5.2 of the permit have been met.

Where to File the NOT? 

Consistent with Part 1.2.5.1 of the permit, the Operator must submit the NOT using 

EPA’s electronic Notice of Intent (eNOI) System available on EPA’s website 

(http://www.epa.gov/npdes/electronic-notice-intent-enoi) unless the Operator is 

granted a waiver from the requirement to use eNOI for submission of the NOT. See 

Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is 

at the top of this NOT form. 

Filing electronically is the fastest way to terminate permit coverage and help ensure 

that your NOT is complete. 

If you are granted a waiver from using eNOI; you must send the NOT form to one of 

the addresses listed below.

Via United States Mail:

United States Environmental Protection Agency

Office of Water, Water Permits Division

Mail Code 4203M, ATTN: NPDES Pesticides

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Via overnight/express delivery:

United States Environmental Protection Agency

Office of Water, Water Permits Division

EPA East Building - Room 7420, ATTN: NPDES Pesticides

1201 Constitution Avenue, NW

Washington, DC 20004

Phone: 202-564-9545

If you file a paper NOT, submit the original form with a signature in ink. Do not send 

copies. Also, faxed copies will not be accepted.

Completing the NOT Form

To complete this form, type or print in uppercase letters in the appropriate areas 

only. Make sure you complete all questions. Make sure you make a photocopy for 

your records before you send the completed original form to the address above. You 

can also use this paper form as a checklist for the information you will need when 

filing an NOT electronically via EPA’s Pesticides eNOI system.

Section A. Permit Information

1. Enter the existing NPDES Permit Tracking Number assigned by eNOI or the EPA’s 

Pesticides Processing Center. You can find the tracking number assigned to your 

previous NOI using EPA’s eNOI System (http://www.epa.gov/npdes/electronicnotice-intent-enoi). 

2. Select the appropriate box to indicate why you are submitting an NOT to end 

permit coverage. Select one of the three termination options: 

a. Select this box if 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. 

b. Select this box if you have obtained NPDES individual permit coverage or 

alternative NPDES permit coverage.

c. Select this box if a new Operator has taken over decision-making 

responsibility of pest control activities covered under an existing NOI and you 

are no longer the Operator. Provide the date of transfer and the name and 

contact information of the new Operator. 

Section B. Operator Information

1. Provide the full legal name of the person, firm, public organization, or other entity 

that is the Operator who is the Decision-maker for the pesticide application 

described in this application.

2. Provide the Operator’s mailing address and telephone number. Correspondence 

will be sent to this address.

3. Provide a contact person’s full legal name and e-mail address. This person will 

be contacted regarding any NOT communication. 

Section C. Certification

Carefully read the certification statement. By completing and submitting the NOT, 

the Operator certifies that every applicable general permit requirement will be met. 

Provide the printed full legal name, title and email address of the certifier. Sign and 

date the form. (CAUTION: An unsigned or undated NOT form will prevent the 

termination of permit coverage.) Federal statutes provide for severe penalties for 

submitting false information on this application form. Federal regulations require this 

application to be signed as follows: 

For a corporation: by a responsible corporate officer, which means:

(i) president, secretary, treasurer, or vice president of the corporation in charge 

of a principal business function, or any other person who performs similar policy 

or decision-making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions that govern 

the operation of the regulated activity including having the explicit or implicit duty 

of making major capital investment recommendations, and initiating and directing

other comprehensive measures to assure long-term environmental compliance 

with environmental laws and regulations; the manager can ensure that the 

necessary systems are established or actions taken to gather complete and 

accurate information for permit application requirements; and where authority to 

sign documents has been assigned or delegated to the manager in accordance 

with corporate procedures; 

For a partnership or sole proprietorship: by a general partner or the proprietor; or 

For a municipal, state, federal, or other public facility: by either a principal executive 

or ranking elected official.

If the NOT was prepared by someone other than the certifier (for example, if the 

NOT was prepared by the PDMP contact or a consultant for the certifier’s 

signature), include the name, organization, phone number and e-mail address of the 

NOT preparer.

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is 

estimated to average 0.5 hours or 30 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the 

Director, Collection Strategies Division, U.S. Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB 

control number in any correspondence. Do not send the completed NOT form to that

address.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

F-1 

Appendix F. Pesticide Discharge Evaluation Worksheet
EPA FORM 6100-0026 (REVISED DATE) Page 1 of 3 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460 

PESTICIDE DISCHARGE EVALUATION WORKSHEET FOR THE 

PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE 

APPLICATION OF PESTICIDES

Form Approved 

OMB No.

2040-0284

This worksheet is for any Operator who is also a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity, as defined in Appendix 

A of the Pesticide General Permit (PGP). The information on this worksheet must be retained for each pesticide application activity. 

A. General Information

1. Operator Name: 

2. Worksheet Preparer Name: 

3. Pest Management Area: # __ of ## ____ 

4. Pest Management Area Name: ________________________________________________________________________________________ 

5. Indicate the pesticide use pattern for the Pest Management Area: 

a. Mosquito and Other Flying Insect Pests b. Weed and Algae Pests c. Animal Pests d. Forest Canopy Pests 

6. For each treatment area (use additional pages for each treatment area): 

a. Provide a description of the treatment area within this Pest Management Area, including location description: 

 ______________________________________________________________________________________________________________ 

 ______________________________________________________________________________________________________________ 

b. Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet. 

c. Name or location of any waters of the United States to which discharges occurred: 

 ______________________________________________________________________________________________________________ 

 ______________________________________________________________________________________________________________ 

B. Pest Evaluation

1. Identify the target pest(s) and explain why pest control is needed: 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

2. Describe Pest Management Measure(s) implemented before the first pesticide application:

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

C. Pesticide Application 

1. Name and contact information for pesticide Applicator(s):

Company Name: 

Street: 

City: State: Zip Code: - 

Contact Name: 

Phone: – – Ext. 

E-mail: 
EPA FORM 6100-0026 (REVISED DATE) Page 2 of 3 

2. Pesticide application start date: / / Pesticide application end date: / / 

3. Name of each pesticide product used, EPA registration number, and quantity of pesticide applied (as packaged or as formulated): Circle lbs or gallons.

Product Name Product Name Product Name 

EPA Reg. No. EPA Reg. No. EPA Reg. No. 

Quantity

(lbs or gallons) Quantity(lbs or gallons) Quantity(lbs or gallons) 

Application 

method: ____________________________

Application 

method: ____________________________

Application 

method: ___________________________

4. Was visual monitoring conducted during pesticide application and/or post-application? Yes. No. If no, describe why not? 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

5. Were any adverse effects identified during visual monitoring? Yes. No. If yes, describe.

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

D. 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. On the basis of 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 recording false information, including the possibility of fine 

and imprisonment for knowing violations. 

Printed Name: 

Title: 

E-Mail: 

Signature/Responsible Official: Date: / / 

Pesticide Discharge Evaluation Worksheet Preparer (Complete if worksheet was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext. Date: / / 

E-Mail:
EPA FORM 6100-0026 (REVISED DATE) Page 3 of 3 

Instructions for Completing the Pesticide Discharge Evaluation Worksheet (PDEW) for the PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE 

APPLICATION OF PESTICIDES

Who Must Complete a PDEW?

Any Operator, who is a Decision-maker required to submit a Notice of Intent (NOI) 

and is a small entity as defined in Appendix A of the permit may complete this 

Pesticide Discharge Evaluation Worksheet (PDEW) to meet the requirements of 

Part 7.4 of the PGP. 

Pest management area, as defined in Appendix A of the permit, can be a large 

area (e.g., an entire town) or a very specific well-defined management area (e.g., a 

lake). Thus, a pest management area can have one or more treatment areas. 

Operators required to retain the information contained on this worksheet must do 

so for each treatment area. For treatment areas with the same or similar pests, the 

Operator can use one worksheet to document pest management activities for 

those multiple treatment areas.

When to Complete a PDEW? 

Before any pesticide application, any Operator using this form to meet its 

obligations under the PGP must complete Section B of this worksheet. Section C, 

except for the pesticide application end date and total quantity of pesticide applied, 

must be completed as soon as possible but no later than 14 days after the first 

pesticide application. The total quantity of pesticide applied and the pesticide 

application end date must be completed as soon as possible but no later than 14 

days after completion of pesticide application for this project.

Any Operator using this form to meet its obligations under the PGP must retain this 

worksheet for at least 3 years from the date that coverage is granted under the 

PGP or when the permit expires or is terminated. These Operators must make this 

worksheet available to EPA, including an authorized representative of EPA, upon 

request.

Completing the PDEW

To complete this form, type or print in uppercase letters in the approriate areas 

only. Make sure you complete all questions.

Section A. General Information

1. Enter the Operator’s full legal name.

2. Enter the full legal name of the person completing the form.

3. Section A should be completed for each Pest Management Area. Indicate which 

Pest Management Area out of the total number of Pest Management Areas for 

which the section is being completed (i.e., Pest Management Area 1 of 10 total 

Pest Management Areas).

4. Enter the name of the Pest Management Area.

5. Identify the pesticide use pattern(s) for the Pest Management Area.

6. For each treatment area, provide a brief description and location description of 

the treatment area within the Pest Management Area; size of the treatment 

area in acres or linear feet, and name or location of any waters of the United 

States to which discharges occur.

Section B. Pest Evaluation

1. Identify the target pest(s) and provide a brief description of why pest control is 

needed.

2. Provide a brief description of any Pest Management Measure(s) implemented 

before pesticide application. For example, identify if you have performed 

physical control techniques such as pulling weeds, removing breeding habitat, 

or trapping animals. 

Section C. Pesticide Application

1. Provide the company name and contact information of the pesticide Applicator.

2. Enter the date that the pesticide application began and ended.

3. Enter the name of each pesticide product used including the EPA Pesticide 

Registraion Number, the quanity of pesticide applied, and the method used to 

apply the pesticide (e.g., fixed wing aircraft, backpack sprayer). 

4. Indicate if visual monitoring was conducted during the pesticide application 

and/or post-application. If visual monitoring was not performed, provide a brief 

description of why visual monitoring was not conducted.

5. Indicate if there were any adverse effects identifed during visual monitoring. 

Provide a brief decription of any adverse effects that were identified.

Section D. Certification

Enter the certifier’s printed name and title. Sign and date the form. For more 

information about the certification statement and signature, see Appendix B of the 

permit. (CAUTION: An unsigned or undated form will not be accepted.) Federal 

statutes provide for severe penalties for submitting false information. Federal 

regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, means:

(i) president, secretary, treasurer, or vice-president of the corporation in charge of 

a principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions that govern 

the operation of the regulated activity including having the explicit or implicit 

duty of making major capital investment recommendations, and initiating and 

directing other comprehensive measures to assure long-term environmental 

compliance with environmental laws and regulations; the manager can ensure 

that the necessary systems are established or actions taken to gather complete 

and accurate information for permit application requirements; and where 

authority to sign documents has been assigned or delegated to the manager in 

accordance with corporate procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipal, state, federal, or other public facility: by either a principal 

executive or ranking elected official.

If the PDEW was prepared by someone other than the certifier (for example, if the 

PDEW was prepared by a consultant for the certifier’s signature), include the 

name, organization, phone number and e-mail address of the PDEW preparer.

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is

estimated to average 1 hour or 60 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the 

Director, Collection Strategies Division, U.S. Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB 

control number in any correspondence. Do not send the completed Pesticide 

Discharge Evaluation Worksheet to this address.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

G-1 

Appendix G. Annual Report Template

Part 7.8 requires you to use the NPDES eNOI System to prepare and submit your Annual Report 

unless the electronic system is unavailable. If you are given a waiver by the EPA Regional 

Office to use a paper Annual Report form, and you elect to use it, you must complete and submit 

the following form. 
EPA FORM 6100-25 (Revised Date) NOTE: Copy this page and attach additional pages as necessary Page 1 of 5 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

ANNUAL REPORT FORM FOR THE PESTICIDE GENERAL PERMIT (PGP) FOR 

DISCHARGES FROM THE APPLICATION OF PESTICIDES

Form Approved

OMB No.

2040-0284

This form is for any Operator who is a Decision-maker required to submit an NOI. The annual report must be submitted no later than February 15 of the following year for all 

pesticide activities covered under the permit occurring during the previous calendar year as detailed in Part 7 of the permit.

Approval to Use Paper Annual Report Form (Electronic Submission Waiver)

Has the EPA Regional Office granted you a waiver from electronic reporting*? YES NO

If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:

Waiver granted: The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband 

Internet access in the most recent report from the Federal Communications Commission.

The Decision-maker has limitations regarding available computer access or computer capability.

Name of EPA staff person who granted 

the waiver: 

Date approval obtained: / / 

*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper annual report form. If you have not obtained a 

waiver, you must file this form electronically using the NPDES eNOI system at http://www.epa.gov/npdes/electronic-notice-intent-enoi.

A. General Information - For pesticides activities in calendar year: 

1. NPDES Permit Tracking Number: 

2. Operator Name: 

3. Operator Contact Information:

a. Street: 

b. City: c. State: d. ZIP Code: – 

e. Telephone: – – Ext f. Fax: – – 

4. Contact Information:

a. Contact Name: 

b. Title:

c. E-mail: 

B. Adverse Incidents and Corrective Actions

1. Was an adverse incident observed and/or corrective actions taken for any Pest Management Area for which you have coverage under the permit? 

a. No adverse incidents were observed or no corrective action was taken. (Proceed to Section C) 

b. Yes, an adverse incident was observed and/or a corrective action was taken. (Complete questions 2-6 for each Pest Management Area in which adverse 

incidents were observed or corrective actions were taken. Copy this section for additional Pest Management Areas).

Pest Management Area #____ of ##____

2. Pest Management Area Name: __________________________________________________________________________________________________ 

3. If applicable, provide the date for any adverse incidents as a result of those treatment(s), as described in Part 6.4 of the permit (use additional pages, if needed):

Date of adverse incident observation: 

4. Date and time the Operator contacted EPA to notify the Agency of the adverse incident, who the Operator spoke with at EPA, and any instructions received from EPA.

 / / 

a. Date: / / c. Who the Operator spoke with at EPA: ________________________________________ 

b. Time: ___________________________________________ d. Instructions received from EPA: 

 _______________________________________________________________________ 

 _______________________________________________________________________ 

5. Date of submission of Thirty (30)-Day Adverse Incident Written Report: / / 

6. Describe any corrective action(s), including spill responses, resulting from pesticide application activities and the rationale for such action(s), subsequent to those steps 

described in the Thirty (30)-Day Adverse Incident Written Report: 

__________________________________________________________________________________________________________________________________ 

__________________________________________________________________________________________________________________________________ 
EPA FORM 6100-0026 (REVISED DATE) Page 1 of 3 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460 

PESTICIDE DISCHARGE EVALUATION WORKSHEET FOR THE 

PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE 

APPLICATION OF PESTICIDES

Form Approved 

OMB No.

2040-0284

This worksheet is for any Operator who is also a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity, as defined in Appendix 

A of the Pesticide General Permit (PGP). The information on this worksheet must be retained for each pesticide application activity. 

A. General Information

1. Operator Name: 

2. Worksheet Preparer Name: 

3. Pest Management Area: # __ of ## ____ 

4. Pest Management Area Name: ________________________________________________________________________________________ 

5. Indicate the pesticide use pattern for the Pest Management Area: 

a. Mosquito and Other Flying Insect Pests b. Weed and Algae Pests c. Animal Pests d. Forest Canopy Pests 

6. For each treatment area (use additional pages for each treatment area): 

a. Provide a description of the treatment area within this Pest Management Area, including location description: 

 ______________________________________________________________________________________________________________ 

 ______________________________________________________________________________________________________________ 

b. Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet. 

c. Name or location of any waters of the United States to which discharges occurred: 

 ______________________________________________________________________________________________________________ 

 ______________________________________________________________________________________________________________ 

B. Pest Evaluation

1. Identify the target pest(s) and explain why pest control is needed: 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

2. Describe Pest Management Measure(s) implemented before the first pesticide application:

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

C. Pesticide Application 

1. Name and contact information for pesticide Applicator(s):

Company Name: 

Street: 

City: State: Zip Code: - 

Contact Name: 

Phone: – – Ext. 

E-mail: 
EPA FORM 6100-0026 (REVISED DATE) Page 2 of 3 

2. Pesticide application start date: / / Pesticide application end date: / / 

3. Name of each pesticide product used, EPA registration number, and quantity of pesticide applied (as packaged or as formulated): Circle lbs or gallons.

Product Name Product Name Product Name 

EPA Reg. No. EPA Reg. No. EPA Reg. No. 

Quantity

(lbs or gallons) Quantity(lbs or gallons) Quantity(lbs or gallons) 

Application 

method: ____________________________

Application 

method: ____________________________

Application 

method: ___________________________

4. Was visual monitoring conducted during pesticide application and/or post-application? Yes. No. If no, describe why not? 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

5. Were any adverse effects identified during visual monitoring? Yes. No. If yes, describe.

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

 __________________________________________________________________________________________________________________ 

D. 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. On the basis of 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 recording false information, including the possibility of fine 

and imprisonment for knowing violations. 

Printed Name: 

Title: 

E-Mail: 

Signature/Responsible Official: Date: / / 

Pesticide Discharge Evaluation Worksheet Preparer (Complete if worksheet was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext. Date: / / 

E-Mail:
EPA FORM 6100-0026 (REVISED DATE) Page 3 of 3 

Instructions for Completing the Pesticide Discharge Evaluation Worksheet (PDEW) for the PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE 

APPLICATION OF PESTICIDES

Who Must Complete a PDEW?

Any Operator, who is a Decision-maker required to submit a Notice of Intent (NOI) 

and is a small entity as defined in Appendix A of the permit may complete this 

Pesticide Discharge Evaluation Worksheet (PDEW) to meet the requirements of 

Part 7.4 of the PGP. 

Pest management area, as defined in Appendix A of the permit, can be a large 

area (e.g., an entire town) or a very specific well-defined management area (e.g., a 

lake). Thus, a pest management area can have one or more treatment areas. 

Operators required to retain the information contained on this worksheet must do 

so for each treatment area. For treatment areas with the same or similar pests, the 

Operator can use one worksheet to document pest management activities for 

those multiple treatment areas.

When to Complete a PDEW? 

Before any pesticide application, any Operator using this form to meet its 

obligations under the PGP must complete Section B of this worksheet. Section C, 

except for the pesticide application end date and total quantity of pesticide applied, 

must be completed as soon as possible but no later than 14 days after the first 

pesticide application. The total quantity of pesticide applied and the pesticide 

application end date must be completed as soon as possible but no later than 14 

days after completion of pesticide application for this project.

Any Operator using this form to meet its obligations under the PGP must retain this 

worksheet for at least 3 years from the date that coverage is granted under the 

PGP or when the permit expires or is terminated. These Operators must make this 

worksheet available to EPA, including an authorized representative of EPA, upon 

request.

Completing the PDEW

To complete this form, type or print in uppercase letters in the approriate areas 

only. Make sure you complete all questions.

Section A. General Information

1. Enter the Operator’s full legal name.

2. Enter the full legal name of the person completing the form.

3. Section A should be completed for each Pest Management Area. Indicate which 

Pest Management Area out of the total number of Pest Management Areas for 

which the section is being completed (i.e., Pest Management Area 1 of 10 total 

Pest Management Areas).

4. Enter the name of the Pest Management Area.

5. Identify the pesticide use pattern(s) for the Pest Management Area.

6. For each treatment area, provide a brief description and location description of 

the treatment area within the Pest Management Area; size of the treatment 

area in acres or linear feet, and name or location of any waters of the United 

States to which discharges occur.

Section B. Pest Evaluation

1. Identify the target pest(s) and provide a brief description of why pest control is 

needed.

2. Provide a brief description of any Pest Management Measure(s) implemented 

before pesticide application. For example, identify if you have performed 

physical control techniques such as pulling weeds, removing breeding habitat, 

or trapping animals. 

Section C. Pesticide Application

1. Provide the company name and contact information of the pesticide Applicator.

2. Enter the date that the pesticide application began and ended.

3. Enter the name of each pesticide product used including the EPA Pesticide 

Registraion Number, the quanity of pesticide applied, and the method used to 

apply the pesticide (e.g., fixed wing aircraft, backpack sprayer). 

4. Indicate if visual monitoring was conducted during the pesticide application 

and/or post-application. If visual monitoring was not performed, provide a brief 

description of why visual monitoring was not conducted.

5. Indicate if there were any adverse effects identifed during visual monitoring. 

Provide a brief decription of any adverse effects that were identified.

Section D. Certification

Enter the certifier’s printed name and title. Sign and date the form. For more 

information about the certification statement and signature, see Appendix B of the 

permit. (CAUTION: An unsigned or undated form will not be accepted.) Federal 

statutes provide for severe penalties for submitting false information. Federal 

regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, means:

(i) president, secretary, treasurer, or vice-president of the corporation in charge of 

a principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions that govern 

the operation of the regulated activity including having the explicit or implicit 

duty of making major capital investment recommendations, and initiating and 

directing other comprehensive measures to assure long-term environmental 

compliance with environmental laws and regulations; the manager can ensure 

that the necessary systems are established or actions taken to gather complete 

and accurate information for permit application requirements; and where 

authority to sign documents has been assigned or delegated to the manager in 

accordance with corporate procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipal, state, federal, or other public facility: by either a principal 

executive or ranking elected official.

If the PDEW was prepared by someone other than the certifier (for example, if the 

PDEW was prepared by a consultant for the certifier’s signature), include the 

name, organization, phone number and e-mail address of the PDEW preparer.

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is

estimated to average 1 hour or 60 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the 

Director, Collection Strategies Division, U.S. Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB 

control number in any correspondence. Do not send the completed Pesticide 

Discharge Evaluation Worksheet to this address.
EPA FORM 6100-25 (Revised Date) NOTE: Copy this page and attach additional pages as necessary Page 2 of 5 

C. Pest Management Area(s) (use additional pages for each Pest Management Area)

Pest Management Area # of ##

1. Have any discharges from pest control activities occurred in this calendar year?

a. No discharge from pest control activities this calendar year. Note: Checking this box completes Section C if you had no discharge from pest control activities this 

year. Proceed to section D.

b. Yes. Proceed to question 2. 

For each treatment area (use additional pages for each treatment area):

2. Indicate the pesticide use pattern for the treatment area: 

a. Mosquito and Other Flying Insect Pest Control b. Weed and Algae Pest Control c. Animal Pest Control d. Forest Canopy Pest Control

3. Description of treatment area:

a. Provide a description of the treatment area within this Pest Management Area, including location description: 

______________________________________________________________________________________________________________________________ 

______________________________________________________________________________________________________________________________ 

b. Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet.

c. Name or location of any waters of the United States to which discharges occurred: 

______________________________________________________________________________________________________________________________ 

______________________________________________________________________________________________________________________________ 

d. Target Pest(s): __________________________________________________________________________________________________________________ 

e. Did any pesticide application activities result in a discharge to waters of the United States containing NMFS Listed Resources of Concern as defined in 

Appendix A of the permit? 

Yes No If yes, approximate date(s) of any discharges: __________________________________________________________________________ 

4. Name and contact information of pesticide Applicator(s) (or check here if same as provided in Section A):

Company Name: 

Street: 

City: State: Zip Code: - 

Contact Name: Title: 

Phone: – – Ext 

E-mail: 

5. Was this pest control activity addressed in your Pesticide Discharge Monitoring Plan (PDMP) before pesticide application:

Yes No Not Applicable

6. Enter the total amount of each pesticide product applied for the reporting year by the product name, EPA Pesticide Registration Number(s) and by application method. 

Circle if quantity indicated is in lbs or gallons. Use additional pages if necessary. 

Product Name __________________________ 

 – Quantity Applied (lbs or gallons

of product):

Product Name __________________________ 

 – Quantity Applied (lbs or gallons

of product):

Application method:

a. Aerially by fixed-wing

b. Aerially by rotary aircraft

c. Land-based sprayer (includes backpack, land 

vehicle mounted sprayers, high pressure 

canopy sprayer)

d. Aquatic vehicle mounted sprayer

e. Direct mixture (includes metering, subsurface 

applications)

f. Chemigation

g. Other (specify): ______________________ 

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

Application method:

a. Aerially by fixed-wing

b. Aerially by rotary aircraft

c. Land-based sprayer (includes backpack, land 

vehicle mounted sprayers, high pressure 

canopy sprayer)

d. Aquatic vehicle mounted sprayer

e. Direct mixture (includes metering, subsurface 

applications)

f. Chemigation

g. Other (specify): ___________________ 

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons

______ lbs or gallons
EPA FORM 6100-25 (Revised Date) NOTE: Copy this page and attach additional pages as necessary Page 3 of 5 

D. 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 submitted. On the basis of 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.

Printed Name: 

Title: 

E-Mail: 

Signature/Responsible Official: Date: / / 

Annual Report Preparer (Complete if the Annual Report was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext Date: / / 

E-Mail:
EPA FORM 6100-25 (Revised Date) Page 4 of 5 

Instructions for Completing the Annual Report Form for the Pesticide General Permit (PGP) for 

Discharges from the Application of Pesticides 

Who Must File an Annual Report with EPA? 

Any Operator who is a Decision-maker required to submit a Notice of Intent (NOI) 

and is a large entity as defined in Appendix A of the permit and any Decision-maker 

required to submit an NOI solely because of their application results in a discharge 

to waters of the United States containing NMFS Listed Resources of Concern, must 

submit an annual report to EPA each calendar year. Once required to submit an 

annual report for one year, an annual report must be filed each subsequent year of 

this permit whether or not you have discharges from the application of pesticides in 

accordance with Section 7.6 of the permit. 

When to File an Annual Report? 

Any Operator required to file an annual report must submit the annual report no later 

than February 15 of the following year for all pesticide activities covered under this 

permit occurring during the previous calendar year. If the Operator is required to 

submit an NOI based on an annual treatment area threshold, 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 point at which the 

Operator exceeded the annual treatment area threshold. If the Operator first 

exceeds an annual treatment area threshold after December 1 in a calendar year, 

an annual report is not required for that first partial year but annual reports are 

required thereafter, with the first annual report submitted also including information 

from the first partial year. 

When Operator terminates permit coverage, as specified in Part 1.2.5 of the permit, 

an annual report must be submitted for the portion of the year up through the date of 

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

Where to File the Annual Report? 

The Operator must prepare and submit the Annual Report using EPA’s electronic 

Notice of Intent (eNOI) system available on EPA’s website 

(http://www.epa.gov/npdes/electronic-notice-intent-enoi) unless the Operator is 

granted a waiver from the requirement to use eNOI for submitting the Annual 

Report. See Part 8 of the PGP for EPA Regional contacts. The Electronic 

Submission Waiver is at the top of this form. 

If you are granted a waiver from using eNOI; you must send the Annual Report to 

one of the addresses listed below.

Via United States Mail:

United States Environmental Protection Agency

Office of Water, Water Permits Division

Mail Code 4203M, ATTN: NPDES Pesticides

1200 Pennsylvania Avenue, NW

Washington, DC 20460

Via overnight/express delivery:

United States Environmental Protection Agency

Office of Water, Water Permits Division

EPA East Building - Room 7420, ATTN: NPDES Pesticides

1201 Constitution Avenue, NW

Washington, DC 20004

Phone: 202-564-9545

If you have questions, contact EPA’s Pesticides Notice Processing Center toll free 

at (866) 352-7755.

If you file a paper Annual Report, please submit the original with a signature in ink. 

Do not send copies. Also, faxed copies will not be accepted.

Completing the Annual Report Form 

To complete this form, type or print in uppercase letters in the appropriate areas 

only. Make sure you complete all questions. Make sure you make a photocopy for 

your records before you send the completed original form to the address above. You 

may also use this paper form as a checklist for the information you will need when 

filing an Annual Report electronically via EPA’s Pesticides eNOI system.

Approval to Use Paper Annual Report Form: You must indicate whether you have 

been granted a waiver from electronic reporting from the EPA Regional Office. Note 

that you are not authorized to use this paper Annual Report form unless the EPA 

Regional Office has approved its use. Where you have obtained approval to use this 

form, indicate the waiver that you have been granted, the name of the EPA staff 

person who granted the waiver, and the date that approval was provided.

Section A. General Information

1. Enter your permit tracking number that you received in your NOI confirmation 

letter or e-mail from EPA’s Pesticide Notice Processing Center. You can find the 

tracking number assigned to your NOI by using EPA’s eNOI System

(http://www.epa.gov/npdes/electronic-notice-intent-enoi). 

2. Provide the legal name of the person, firm, public organization or any other 

public entity who is the Decision-maker for the pesticides applications described 

in this report. A Decision-maker is an Operator who has control over the decision 

to perform pesticide applications including the ability to modify those decisions 

that result in a discharge to waters of the United States.

3. Enter the address, telephone number, and fax number of the Operator. 

4. Provide the full legal name, title and e-mail address of a contact person for the 

Annual Report. 

Section B. Adverse Incidents and Corrective Actions

1. Identify if an adverse incident was observed and corrective actions were taken 

for any Pest Management Area for which you have coverage under the permit. If 

no, proceed to Section C. If yes, complete Section B for each Pest Management 

Area for which an adverse incident was observed or corrective action was taken. 

2. Enter the name of the Pest Management Area. 

3. If applicable, enter the date of any adverse incidents resulting from the

treatments, as described in Part 6.4 of the permit. Use additional pages if there 

are multiple dates to be described.

4. Enter the date and time the Operator contacted EPA to notify the Agency of the 

adverse incident, pursuant to Part 6.4.1.1 of the permit. 

a. Indicate the date of the contact. 

b. Indicate the time of the contact. 

c. Indicate who the Operator spoke with at EPA. 

d. Indicate any instructions received from EPA. 

5. Enter the date that the Thirty (30)-Day Adverse Incident Written Report was 

submitted, pursuant to Part 6.4.2 of the permit. 

6. Provide a description of any corrective action(s) resulting from pesticide 

application activities and the rationale for the action(s), performed subsequently 

to or in addition to any actions described in the Thirty (30)-Day Adverse Incident 

Written Report.

Section C. Pest Management Area(s) 

Section C should be completed for each Pest Management Area. Indicate which 

Pest Management Area out of the total number of Pest Management Areas for 

which the section is being completed (i.e., Pest Management Area 1 of 10 total Pest 

Management Areas). 

1. Identify if you had a discharge from pest control activities this calendar year.

Check yes if you had discharge from pest control activities this calendar year. 

Check no if you had no discharge from pest control activities this calendar year. 

Note: Checking the no box completes Section C 

2. Select the box for the type of pesticide use pattern for the treatment area (use 

additional pages for each treatment area).

3. Provide a description of the treatment area. 

a. Provide a description of the treatment area, including a description of the 

location.

b. Provide the size of the treatment area in acres or linear feet.

c. Provide the name or location of any waters of the United States to which 

discharges occur.

d. Provide a description of the target pest(s).

e. Indicate whether any pesticide application activities resulted in a discharge to 

waters of the United States containing NMFS Listed Resources of Concern, 

as defined in Appendix A of the permit. If yes, provide approximate date(s) of 

the discharge. Additional information on NMFS Listed Resources of Concern 

is available on EPA’s website at www.epa.gov/npdes/pesticides. 
EPA FORM 6100-25 (Revised Date) Page 5 of 5 

4. Provide the company name(s), mailing address, a contact person, contact 

person’s title, telephone number and e-mail address of the pesticide 

Applicator(s). If the information is the same as Section A, check the appropriate 

box and proceed to the next question. 

5. Indicate if the pest control activity was addressed in your PDMP before pesticide 

application.

6. Enter the total amount of each pesticide product applied for the reporting year by 

the product name, EPA Pesticide Registration Number(s) and by application 

method. Circle whether the quantity applied is in pounds or gallons. Copy and 

attach additional pages, as necessary.

Section D. Certification

Enter the certifier’s printed name and title. Sign and date the form. For more 

information about the certification statement and signature, see Appendix B of the 

permit. (CAUTION: An unsigned or undated form will not be accepted.) Federal 

statutes provide for severe penalties for submitting false information. Federal 

regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, means:

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

principal business function, or any other person who performs similar policy or 

decision making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions 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;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipal, state, Federal, or other public facility: by either a principal executive 

or ranking elected official.

If the Annual Report was prepared by someone other than the certifier (for example, 

if the Annual Report was prepared by the PDMP contact or a consultant for the 

certifier’s signature), include the name, organization, phone number and e-mail 

address of the Annual Report preparer.

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is 

estimated to average 8 hours or 480 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the 

Director, Collection Strategies Division, U.S. Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB 

control number in any correspondence. Do not send the completed Annual Report 

Form to this address.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

H-1 

Appendix H. Adverse Incident Report Template
EPA FORM 6100-0024 (REVISED DATE) Page 1 of 6 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, DC 20460

THIRTY (30)-DAY ADVERSE INCIDENT WRITTEN REPORT FOR 

THE PESTICIDE GENERAL PERMIT (PGP) 

FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES

Form Approved

OMB No.

2040-0284

This form is for Operators required to submit a written report of any reportable adverse incidents to the appropriate EPA Regional office and to the state 

lead agency for pesticide regulation. Where multiple Operators are authorized for a discharge that results in an adverse incident, reporting by any one of 

the Operators constitutes compliance for all of the Operators, provided a copy of this report is also provided to all of the other authorized Operators 

within 30 days of the reportable adverse incident.

A. Reportable Adverse Incident 

Is the adverse incident reportable? Reporting of adverse incidents is not required under the PGP in the following situations: (a) An Operator is aware 

of facts that indicate that the adverse incident was not related to toxic effects or exposure from the pesticide application; (b) An Operator has been 

notified by EPA, and retains such notification, that the reporting requirement has been waived for this incident or category of incidents; (c) An Operator 

receives information of an adverse incident, but that information is clearly erroneous; or (d) An adverse incident occurs to pests that are similar in kind to 

potential target pests identified on the FIFRA label. 

 Yes. You must complete this report and submit it to the appropriate EPA Regional office and to the state lead agency for pesticide regulation. 

 No. STOP. You are not required to complete this report. However, you may consider using this form to document the incident and your rationale 

for why reporting of the adverse incident is not required. This information may be useful to support your rationale should you be questioned on 

such.

B. Information from the 24-Hour Adverse Incident Notification

When an Operator observes or is otherwise made aware of an adverse incident, which may have resulted from a discharge from a pesticide application, 

the Operator must immediately notify the appropriate EPA Incident Reporting Contact, as identified at www.epa.gov/npdes/pesticides. This notification 

must be made by telephone within 24 hours of the Operator becoming aware of the adverse incident. Operators must include in the written report the 

information provided to EPA in the 24-hour adverse incident notification (PGP Part 6.4.1.1). Attach additional information if necessary. 

1. Caller’s Contact Information: 

a. Name: 

b. Telephone Number: – – Ext 

2. Operator Information: 

a. Operator Name: 

b. Mailing Address: 

Street: 

City: State: ZIP Code: – 

3. NOI NPDES Permit Tracking Number: (Enter “NA” if not applicable) 

4. Contact person, if different than the person providing the 24-hour notice under item 1 above: 

a. Name: 

b. Telephone Number: – – Ext 

5. Describe how and when the Operator became aware of the adverse incident: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

6. Describe the location of the adverse incident: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 
EPA FORM 6100-0024 (REVISED DATE) Page 2 of 6 

7. Describe the adverse incident identified and the pesticide product, including EPA pesticide registration number in item 7a below, for each product 

applied in the area of the adverse incident: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

a. EPA Pesticide Registration Number: EPA Pesticide Registration Number: 

 

8. Describe any steps the Operator has taken or will take to correct, repair, remedy, clean up, or otherwise address any adverse effects: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

9. Identify any other Operators authorized for coverage under this permit for discharges from the pesticide application activities that resulted in the 

adverse incident and if so, provide details of your notification of those other Operator(s): 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

C. Date and Time the Operator Notified EPA of the Adverse Incident

1. Date EPA was contacted: / / 2. Time EPA was contacted: ______________________________

3. Name and/or title of the person the Operator spoke with at EPA: 

a. Name: b. Title: 

4. Instructions received from EPA: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 
EPA FORM 6100-0024 (REVISED DATE) Page 3 of 6 

D. Other Information Required in the Thirty (30) Day Adverse Incident Report

Please attach additional information if necessary.

1. Location of incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc.):

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

2. Describe the circumstances of the adverse incident including species affected, estimated number of affected individuals, and approximate size of 

dead or distressed organisms: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

3. Describe the magnitude and scope of the affected area (e.g. aquatic square area or total stream distance affected): 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

4. Provide the pesticide application rate, intended use site (e.g., on the bank, above waters, or directly to water), method of application, and the name 

of pesticide product and EPA pesticide registration number (EPA Reg. No.). 

Pesticide 

application rate: Pesticide application rate: 

Intended use site: Intended use site: 

Method of application: Method of application: 

Pesticide Product: Pesticide Product: 

EPA Reg. No.: EPA Reg. No.: 

5. Describe the habitat and the circumstances under which the adverse incident occurred (including any available ambient water data for 

pesticides applied): 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

6. Provide an indication of which laboratory test(s), if any, were performed, and when. (Note: A summary of the test results must be provided within 

5 days after they become available, if not available at the time of submission of this report.): 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

7. Describe the actions to be taken to prevent recurrence of adverse incidents: 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 

 ____________________________________________________________________________________________________________________ 
EPA FORM 6100-0024 (REVISED DATE) Page 4 of 6 

E. 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 submitted. On the basis of 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. 

Printed Name: 

Title: 

E-Mail: 

 Signature/Responsible Official: Date: / / 

Adverse Incident Report Preparer (Complete if Adverse Incident Report was prepared by someone other than the certifier)

Preparer Name: 

Organization: 

Phone: – – Ext Date: / / 

E-Mail: 
EPA FORM 6100-0024 (REVISED DATE) Page 5 of 6 

Instructions for Completing and Submitting the Thirty (30) Day Adverse Incident Written Report for the Pesticide 

General Permit (PGP) for Discharges from the Application of Pesticides

Who Must Submit a 30-day Adverse Incident Report?

All Operators who observe or are otherwise made aware of a reportable adverse 

incident pursuant to Part 6.4 of the permit must submit on adverse incident report. 

However, even for those identified adverse incidents for which the Operator is not 

required to report, EPA recommends that Operators consider using this form to 

document the incident and the rationale for why reporting of the adverse incident is 

not required. This information may be useful to support a rationale should this 

determination be questioned.

An adverse incident, as defined in the Appendix A of the permit, is an unusual or 

unexpected incident that an Operator has observed upon inspection or of which the 

Operator otherwise became aware, in which: (1) there is evidence that a person or 

non-target organism has likely been exposed to a pesticide residue, and (2) the 

person or non-target organism suffered a toxic or adverse effect. See Appendix A of 

the permit, for the complete definition of adverse incident.

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

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

compliance for all of the Operators, provided a copy of the written report required in 

Part 6.4.2 of the permit is also provided to all of the other authorized Operators 

within 30 days of the reportable adverse incident.

When to File the Adverse Incident Report

Operators must provide a written report of any reportable adverse incidents to the 

appropriate EPA Regional office and to the state lead agency for pesticide 

regulation within 30 days of the adverse incident pursuant to Part 6.4.1.1 of the 

permit. 

Where to File the 30-day Adverse Incident Report

The Operator must immediately notify the appropriate EPA Incident Reporting 

Contact, as identified at www.epa.gov/npdes/pesticides, of the adverse incident

within 24 hours. The Operator(s) must provide a written report of the adverse 

incident to the appropriate EPA Regional office at the address listed in Part 8 of the 

permit and to the state lead agency for pesticide regulation (see 

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

If an Operator becomes aware of an adverse incident affecting a federally listed 

threatened or endangered species or federally designated critical habitats which 

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

Operator must immediately notify the National Marine Fisheries Service (NMFS) in 

the case of an anadromous or marine species, (see

http://www.nmfs.noaa.gov/pr/contact.htm) or the United States Fish and Wildlife 

Service (FWS) in the case of a terrestrial or freshwater species (see 

http://www.fws.gov). 

Completing the 30-day Adverse Incident Report

To complete this form, type or print in uppercase letters in the appropriate areas 

only. Please make sure you complete all questions. Make sure you make a 

photocopy for your records before you send the completed original form to the 

appropriate EPA Regional office.

Section A. Reportable Adverse Incident

The Operator is required to submit this Adverse Incident Report if the adverse 

incident is reportable. Check yes if the adverse incident is reportable. If an Adverse 

Incident Report is not required, check no. No further action is needed on this form.

Reporting of adverse incidents is not required under the PGP in the following 

situations:

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

related to toxic effects or exposure from the pesticide application;

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

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

c. An Operator receives information notifying the Operator of an adverse incident, 

but that information is clearly erroneous; or

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

pests identified on the FIFRA label.

Section B. Information from the 24-hour Adverse Incident Notification

1. Provide contact information for the person who called EPA to report the adverse 

incident. 

a. Enter the legal name of the caller.

b. Enter the phone number of the caller.

2. Provide the Operator’s contact information.

a. Enter the legal name of the Operator.

b. Enter the mailing address of the Operator.

3. If an NOI was filed as required in Part 1.2 of the permit, enter the NPDES Permit 

Tracking Number assigned by eNOI or the EPA’s Pesticides Processing Center. 

You can find the tracking number assigned to your NOI using EPA’s eNOI 

System (http://www.epa.gov/npdes/electronic-notice-intent-enoi). If no NOI 

submitted, enter “NA” for not applicable.

4. Provide information for a contact person, if different than the person who called 

EPA to report the adverse incident.

a. Enter the legal name of the contact person.

b. Enter the phone number of the contact person.

5. Provide a description of how and when the Operator became aware of the 

adverse incident.

6. Provide a description of the location of the adverse incident.

7. Provide a description of the adverse incident and the pesticide product used in 

the adverse incident. Include the EPA pesticide registration number for each 

product applied in the area of the adverse incident. Attach additional pages if 

necessary. 

8. Provide a description of any steps the Operator has taken to correct, repair, 

remedy, clean up or otherwise address the adverse effects of the incident.

9. Identify any other Operators authorized for coverage under the permit for 

discharges from the pesticide application activities that resulted in the adverse 

incident. If other Operators are authorized under this permit, provide details of 

your notification of those other Operator(s). 

Section C. Date and Time the Operator Notified EPA of the Adverse Incident

1. Enter the date that EPA was contacted to report the adverse incident.

2. Enter the time EPA was contacted to report the adverse incident.

3. Provide the legal name and title of the person contacted at EPA.

4. Provide a description of the instructions received by EPA.

Section D. Other Information Required in the Thirty (30) Day Adverse Incident 

Report

1. Enter the location of the adverse incident and include the names of any waters 

affected. Please include the appearance of those waters (sheen, color, clarity, 

etc.).

2. Provide a description of the circumstances of the adverse incident including 

species affected, estimated number of affected individuals and approximate size 

of dead or distressed organisms.

3. Provide a description of the magnitude and scope of the affected area. Include 

aquatic square area or total stream distance affected, if possible.

4. Provide the pesticide application rate, intended use site (e.g., on the bank, above 

waters, or directly to water), method of application, and the name of pesticide 

product and EPA pesticide registration number. 

5. Provide a description of the habitat and the circumstances under which the 

adverse incident occurred (including any available ambient water data for 

pesticides applied).

6. Indicate which laboratory test(s) were performed and when, if laboratory tests 

were performed. The summary of the test results must be provided within 5 days 

after they become available, if not available at the time of submission of this 

report. 

7. Provide a description of the actions to be taken to prevent recurrence of adverse 

incidents. 
EPA FORM 6100-0024 (REVISED DATE) Page 6 of 6 

Section E. Certification

Enter the certifier’s printed name and title. Sign and date the form. For more 

information about the certification statement and signature, see Appendix B of the 

permit. (CAUTION: An unsigned or undated form will not be accepted.) Federal 

statutes provide for severe penalties for submitting false information. Federal 

regulations require this application to be signed as follows:

For a corporation: by a responsible corporate officer, which means:

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

principal business function, or any other person who performs similar policy or 

decision-making functions for the corporation, or

(ii) the manager of one or more manufacturing, production, or operating facilities, 

provided the manager is authorized to make management decisions that govern 

the operation of the regulated activity including having the explicit or implicit duty 

of making major capital investment recommendations, and initiating and directing 

other comprehensive measures to assure long-term environmental compliance 

with environmental laws and regulations; the manager can ensure that the 

necessary systems are established or actions taken to gather complete and 

accurate information for permit application requirements; and where authority to 

sign documents has been assigned or delegated to the manager in accordance 

with corporate procedures;

For a partnership or sole proprietorship: by a general partner or the proprietor; or

For a municipal, state, federal, or other public facility: by either a principal executive 

or ranking elected official.

If the report was prepared by someone other than the certifier (for example, if the 

report was prepared by a consultant for the certifier’s signature), include the name, 

organization, phone number and e-mail address of the report preparer and the date 

that the report was prepared. 

Paperwork Reduction Act Notice

The public reporting and recordkeeping burden for this collection of information is 

estimated to average 4 hours or 240 minutes per response.

Send comments on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including through the use of automated collection techniques to the 

Director, Collection Strategies Division, U.S. Environmental Protection Agency 

(2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB 

control number in any correspondence. Do not send the completed Adverse Incident 

Report to this address.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

I-1 

Appendix I. Endangered Species Procedures

[This permit specifies procedures to assist in protecting federally-listed endangered and 

threatened species and its designated critical habitat. Below are procedures that were included in 

the EPA’s 2011 final PGP. EPA is currently conducting consultation under the Endangered 

Species Act (ESA) with the United States Fish and Wildlife Service (FWS) and the National 

Marine Fisheries Service (NMFS) (together, the “Services”) for the reissuance of the PGP. Based 

on the results of consultation with the Services, EPA may include additional or altered conditions 

to the final permit.] 

Assessing the Effects of Your Discharge and Discharge-Related Activities

You must meet at least one of the criteria in Part 1.1.2.4 of the permit to be eligible for 

coverage under this permit. You must follow the procedures in this appendix to certify eligibility 

to discharge to waters of the United States containing NMFS Listed Resources of Concern, as 

defined in Appendix A of the permit, and determine under which of the eligibility criteria, if any, 

you qualify. NMFS Listed Resources of Concern for the PGP are provided at 

www.epa.gov/npdes/pesticides. When evaluating the potential effects of your activities, you 

must consider effects to NMFS Listed Resources of Concern within each treatment area 

identified in your NOI that contains such Resources. Discharges not meeting at least one of these 

criteria are not eligible for coverage under this permit. No discharges to waters of the United 

States containing NMFS Listed Resources of Concern are eligible for coverage under the PGP 

unless those discharges are specifically identified and certified on a complete and accurate NOI 

form submitted to EPA. These discharges will be authorized 30 days after EPA posts the NOI on 

the Internet at www.epa.gov/npdes/pesticides, unless EPA notifies you otherwise within the 30-

day period, or unless the discharges are in response to a Declared Pest Emergency Situation in 

which case the discharges are authorized immediately for a period of at least 60 days from the 

date this discharge began. 

Step One: Determine if NMFS Listed Resources of Concern are Present in the Treatment Area

First, you should determine whether any discharges from your pesticide application 

activities in any treatment areas included under your NOI are likely to overlap directly with any 

NMFS Listed Resources of Concern, as identified at www.epa.gov/npdes/pesticides. The website 

provides maps and lists of waters of the United States where the NMFS Listed Resources of 

Concern are present and contact information for regional NMFS offices in those areas. If you 

determine that any of your discharges are to waters of the United States containing NMFS Listed 

Resources of Concern, you should proceed to Step Two. If you determine that no discharges 

from your pesticide application activities are to waters of the United States containing NMFS 

Listed Resources of Concern, you can certify that the activity meets Criterion A (check box A on 

the NOI corresponding to Criterion A). In this case, you do not have to further consider any 

requirements related to Criteria B-F. Note that if you are not otherwise required to submit an 

NOI, you do not need to submit an NOI merely to document that you meet Criterion A. 

However, if you are required to submit an NOI anyway, you should document on the NOI that 

you meet Criterion A.
United States Environmental Protection Agency 2016 NPDES Draft Pesticide General Permit

I-2 

Step Two: Determine if a Previous ESA-Related Action has Already been Completed for your 

Activities

For each discharge to waters of the United States containing NMFS Listed Resources of 

Concern, Decision-makers should determine whether they are eligible under either Criterion B or 

C because of a previously completed ESA Section 7 consultation, or a previously issued ESA 

Section 10 permit, respectively as follows:

− The effects of your activities have been addressed in a consultation under ESA 

Section 7 on a separate Federal action and the consultation resulted in a concurrence 

by NMFS that the discharge was not likely to adversely affect listed species or critical 

habitat or NMFS concluded in a biological opinion that the discharge or discharges 

were not likely to jeopardize listed species or destroy or adversely modify critical 

habitat, either as part of your activities as planned or as modified with a reasonable 

and prudent alternative (check box B corresponding to Criterion B). For example, 

most federal agencies that apply pesticides have already consulted with NMFS, as 

required under 50 C.F.R. § 402.01(a), and can therefore certify under this criterion.

− The effects of your activities have been addressed through approval of a Habitat 

Conservation Plan under Section 10 of the ESA (check box C corresponding to 

Criterion C). Your pesticide discharges may be authorized by this PGP if some 

activity is authorized through the issuance of a permit under section 10 of the ESA 

and that authorization addressed the effects of your pesticide discharges on federallylisted species and designated critical habitat. You must follow NMFS procedures 

when applying for an ESA Section 10 permit (see 50 CFR 222.22). Application 

instructions for section 10 permits for NMFS can be obtained by accessing the NMFS 

website (www.nmfs.noaa.gov) or by contacting the appropriate NMFS regional 

office.

If you believe an existing ESA-related action may have already been completed for your 

planned pesticide application activities but you are uncertain of the details, you should contact 

your regional NMFS office (contact information available at www.epa.gov/npdes/pesticides). If 

an existing ESA-related action has not already been completed for your activities, proceed to 

Step Three.

Step Three: Determine if the Pesticide Application is in Response to a Declared Pest Emergency 

Situation 

Determine if all the discharges to waters of the United States containing NMFS Listed 

Resources of Concern and that are to be included in the NOI are being performed in response to 

a Declared Pest Emergency Situation, as defined in Appendix A of the permit (check box D 

corresponding to Criterion D). In such a case, an NOI must be filed no later than 15 days after 

beginning to discharge with that NOI identifying: 

1. The location of the pest management area in detail or include a map of the location;

2. Pest(s) to be controlled;

3. Pesticide product(s) to be discharged and method of application; 

4. Planned quantity and rate of discharge(s) for each method of application; 

5. Number of planned discharges;

6. Approximate date(s) of planned discharge(s); and 
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7. The rational supporting the determination whether the discharge is likely to adversely 

affect NMFS Listed Resources of Concern, including the description of appropriate 

measures to be undertaken to avoid or eliminate the likelihood of adverse effects.

Information provided for items 1 through 6 above must also include any discharges that have 

already occurred in the days (up to 15) prior to NOI submission. The discharge or discharges to 

address these Declared Pest Emergency Situations are authorized under the general permit for at 

least 60 days after beginning to discharge. You may continue to discharge after 60 days unless 

EPA advises the Operator that additional conditions or an individual permit are necessary. 

NMFS will, within 30 days of submission of the NOI, advise EPA whether the past and planned 

future discharges meet the eligibility criterion of not likely to adversely affect NMFS Listed 

Resources of Concern; whether the eligibility criterion could be met with additional conditions; 

or whether the eligibility criterion is not met. EPA will advise the Decision-maker within 15 days 

after receiving notification from NMFS whether the discharge or discharges qualify for coverage 

beyond the 60-day authorization provided under the permit. If EPA identifies additional 

conditions to qualify discharges as eligible for coverage beyond 60 days under the permit, those 

conditions remain in effect for the life of the permit. EPA expects to rely on NMFS’ 

determination in identifying eligibility for continuing authorization, either with or without 

additional conditions. If you do not hear from EPA within 45 days of submitting your NOI, you 

may assume that your authorization to discharge continues unless and until notified otherwise by 

EPA.

If your pesticide application is not in response to a Declared Pest Emergency Situation, 

proceed to Step Four. 

Step Four: Determine if the Pesticide Application is not likely to adversely affect NMFS Listed 

Resources of Concern.

The PGP provides two options for Decision-makers to demonstrate that discharges from 

pesticide applications to waters of the United States containing NMFS Listed Resources of 

Concern are not likely to adversely affect those resources for the activities for which the 

Decision-maker is seeking permit coverage. These options include: (1) obtaining confirmation 

from a NMFS Regional Office prior to NOI submission that discharges are not likely to 

adversely affect NMFS Listed Resources of Concern, or (2) self-certifying in the NOI that based 

on your analysis, you have concluded that discharges are not likely to adversely affect NMFS 

Listed Resources of Concern. Descriptions of procedures that are to be followed for these two 

options are described below. 

− Option 1 (Criterion E): For each treatment area that will include discharges to waters of 

the United States containing NMFS Listed Resources of Concern, you may contact your 

Regional NMFS Office and request input regarding your planned discharges. If NMFS 

determines that your planned discharges are found to meet eligibility criteria for use (i.e., 

not likely to adversely affect NMFS Listed Resources of Concern), you have satisfied 

your eligibility obligations under Criterion E and you may submit your NOI for coverage 

under the PGP (check box E corresponding to Criterion E). As part of certifying your 

compliance with Criterion E, you must submit information received from NMFS 

acknowledging the discharges that they have determined are not likely to adversely affect 

NMFS Listed Resources of Concern and establishing any additional requirements for 

your permit eligibility. To maintain eligibility under the permit for those discharges, you 
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must abide by those additional requirements for the duration of your coverage under the 

PGP.

− Option 2 (Criterion F): You must self-certify in your NOI that your discharge is not likely 

to adversely affect NMFS Listed Resources of Concern. To do so, you will have to take 

appropriate measures to avoid or eliminate the likelihood of adverse effects prior to 

applying for PGP coverage. These measures may be relatively simple, such as applying 

pesticides to waters at concentrations below those found to cause adverse effects, or 

during seasons when species of concern are not present Provided you are able to 

implement appropriate measures, you may proceed with submitting your NOI for 

coverage under the PGP (check box F corresponding to Criterion F). As part of certifying 

your compliance with Criterion F, you must submit information to support your findings, 

including: 

1. The location of the pest management area in detail or include a map of the location;

2. Pest(s) to be controlled;

3. Pesticide product(s) to be discharged and method of application; 

4. Planned quantity and rate of discharge(s) for each method of application;

5. Number of planned discharges;

6. Approximate date(s) of planned discharge(s); and 

7. The rational supporting the determination that the criterion for which the NOI is 

submitted is being met, including the description of appropriate measures to be 

undertaken to avoid or eliminate the likelihood of adverse effects. 

This information will be posted online and also will be sent to NMFS for their review. 

NMFS will, within 30 days of submission of the NOI, advise EPA whether it believes the 

planned discharges meet the eligibility criteria of not likely to adversely affect NMFS Listed 

Resources of Concern, whether the eligibility criterion could be met with additional conditions; 

or whether the eligibility criterion is not met. EPA will advise the Decision-maker as to whether 

the intended discharges qualify to proceed under the General Permit or whether an individual 

permit will be required. EPA expects to rely on NMFS’ determination in identifying eligibility 

for authorization, either with or without additional conditions. If you do not hear from EPA 

within 30 days, you may assume that your discharge is authorized without further conditions. 

You must comply with any terms and conditions imposed under the eligibility 

requirements to ensure that your pesticide discharges and discharge-related activities are 

protective of listed species and/or critical habitat. If the eligibility requirements cannot be met 

and maintained, then you are not eligible for coverage under this PGP. In these instances, you 

may consider applying to EPA for an individual permit, or revising your pesticide application 

activities so as to comply with these eligibility conditions and resubmitting an NOI to EPA that 

documents this revised eligibility.