GA NPDES Permit Information

EPA NPDES Pesticides EPA NPDES Pesticides General Permit (PGP) – General Permit (PGP) –

Georgia UpdateGeorgia Update

Rosmarie KellyRosmarie KellyPublic Health EntomologistPublic Health EntomologistGeorgia Division of Public HealthGeorgia Division of Public Health

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October 31, 2011October 31, 2011

NPDES permits under the Clean Water Act NPDES permits under the Clean Water Act will be required to make pesticide will be required to make pesticide applications legally allowed under FIFRA for applications legally allowed under FIFRA for pesticide applications made to pesticide applications made to waters of the waters of the U.S.U.S.

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BackgroundBackground EPA has never issued permits for pesticide applications made EPA has never issued permits for pesticide applications made

under FIFRA (1947; Amended 1972, 1976) under FIFRA (1947; Amended 1972, 1976)

FIFRA regulates registration, labeling, mixing, loading, and FIFRA regulates registration, labeling, mixing, loading, and application.application.

Environmental groups were concerned that labels do not Environmental groups were concerned that labels do not require:require:

- IPM methodsIPM methods- Records for non-restricted pesticidesRecords for non-restricted pesticides- MonitoringMonitoring- Minimal finesMinimal fines

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What Does It Mean To Work Under the What Does It Mean To Work Under the Clean Water ActClean Water Act

FIFRAFIFRA vs vs CWACWA

Cost/BenefitCost/Benefit No Cost/BenefitNo Cost/BenefitRisk-BasedRisk-Based Hazard-BasedHazard-Based$7,000/Incident$7,000/Incident $37,500/Day$37,500/DayNo Citizen SuitsNo Citizen Suits Citizen SuitsCitizen Suits

Citizens can challenge NPDES permits.Citizens can challenge NPDES permits.

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What Does It Mean To Work Under the What Does It Mean To Work Under the Clean Water ActClean Water Act

Georgia EPD Working Draft, Permit No. GAG820000Georgia EPD Working Draft, Permit No. GAG820000

5. CIVIL AND CRIMINAL LIABILITY5. CIVIL AND CRIMINAL LIABILITY

The The operatoroperator is liable for is liable for civil or criminal penalties civil or criminal penalties for for noncompliance with this permit and must comply with noncompliance with this permit and must comply with applicable State and Federal laws including promulgated applicable State and Federal laws including promulgated water quality standards. The permit cannot be interpreted water quality standards. The permit cannot be interpreted to relieve the operator of this liability even if it has not to relieve the operator of this liability even if it has not been modified to incorporate new requirements.been modified to incorporate new requirements.

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Yes, it is Yes, it is STILLSTILL only a draft!only a draft!

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Apply for permit through GA EPD online (hopefully)Apply for permit through GA EPD online (hopefully) Depending on the amount of pesticide discharge a Depending on the amount of pesticide discharge a NOI NOI

(Notice of Intent) (Notice of Intent) may have to be filed may have to be filed (right now (right now EVERYONE must file an NOI)EVERYONE must file an NOI)

The NOI must include information about: The NOI must include information about: What you are doing, What you are doing, Equipment, Equipment, Pesticide usage, Pesticide usage, Number of applications, Number of applications, Area of coverage, Area of coverage, Receiving waters, Receiving waters, EtcEtc

Impaired Waters - www.gaepd.org/Documents/305bImpaired Waters - www.gaepd.org/Documents/305b

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PGP PGP FlowchartFlowchart

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We have asked for an increase in acreage for the annual threshold.We have asked for an increase in acreage for the annual threshold.

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EPA’s Current RequirementsEPA’s Current RequirementsFor Filing an NOIFor Filing an NOI

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Right now larviciding acres are counted as part of Right now larviciding acres are counted as part of the 6400 acres threshold (the 6400 acres threshold (get out your calculatorsget out your calculators).).

EPD hopes to only use adulticiding acres to EPD hopes to only use adulticiding acres to determine thresholdsdetermine thresholds

• Larvicide only programs – automatically Larvicide only programs – automatically covered by permitcovered by permit

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Site MonitoringSite Monitoring•Corrective action – use best professional judgmentCorrective action – use best professional judgment•Adverse incident report – must be in or near state waters - Adverse incident report – must be in or near state waters - includes:includes:

• Fish killFish kill• Other non-target effectsOther non-target effects• Citizen complaintsCitizen complaints

•Report to District EPD officeReport to District EPD office(Already report spills of any significance to GA Dept of Agriculture)(Already report spills of any significance to GA Dept of Agriculture)

KEEP GOOD RECORDSKEEP GOOD RECORDS• Copy of all paperworkCopy of all paperwork• Copy of permitCopy of permit• Equipment maintenance recordsEquipment maintenance records• Calibration informationCalibration information• Adverse incidence reportsAdverse incidence reports

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Programs exceeding the annual threshold are also Programs exceeding the annual threshold are also required to have a Pesticide Discharge Management Plan.required to have a Pesticide Discharge Management Plan.

MUST INCLUDE:MUST INCLUDE:•Pesticide Discharge Management Team.Pesticide Discharge Management Team.•Pest Management Area Description.Pest Management Area Description.•Control Measure Description.Control Measure Description.•Schedules and Procedures.Schedules and Procedures.

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Beside filing a NOI there are other requirements that Beside filing a NOI there are other requirements that are mandatory.are mandatory.-I. Use of IMM methods in mosquito control is stressed.I. Use of IMM methods in mosquito control is stressed.

- 1. ID or access the pest problem using an action threshold1. ID or access the pest problem using an action threshold- 2. Source reduction of standing water, use biological 2. Source reduction of standing water, use biological

control, eliminate vegetation harboring mosquitoescontrol, eliminate vegetation harboring mosquitoes- 3. Follow appropriate procedures (calibration, 3. Follow appropriate procedures (calibration,

maintenance)maintenance)- 4. Education4. Education

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II.II. Reporting.Reporting. An biennial report will be required An biennial report will be required

We have asked that reporting be removed as a We have asked that reporting be removed as a requirement.requirement.

ConclusionsConclusions

19http://www.GAmosquito.orghttp://www.GAmosquito.org

GA EPD has shown a willingness to work with mosquito GA EPD has shown a willingness to work with mosquito control in Georgia and with the GMCAcontrol in Georgia and with the GMCA

GA EPD is very ignorant about mosquito control practices GA EPD is very ignorant about mosquito control practices and they are quite comfortable with their ignoranceand they are quite comfortable with their ignorance

A whole lot of programs in Georgia are totally clueless that A whole lot of programs in Georgia are totally clueless that there is an upcoming permit requirement there is an upcoming permit requirement

There is an extension until October, so no permit is There is an extension until October, so no permit is needed this year…needed this year…

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Legislative FixLegislative Fix

On March 31, 2011, HR 872 was passed in the house. The On March 31, 2011, HR 872 was passed in the house. The Reducing Regulatory Burdens Act of 2011 would eliminate the Reducing Regulatory Burdens Act of 2011 would eliminate the need to file an NOI and work under an NPDES permit.need to file an NOI and work under an NPDES permit. The AMCA, as well as other organizations, are working on a The AMCA, as well as other organizations, are working on a companion bill to be passed in the Senate, to bring about a companion bill to be passed in the Senate, to bring about a “regulatory fix” so that the requirement to work under an NPDES “regulatory fix” so that the requirement to work under an NPDES permit would be eliminated.permit would be eliminated.

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Senator Pat Roberts (Kansas) has introduced Senate Bill, Senator Pat Roberts (Kansas) has introduced Senate Bill, S 718. This is NOT exactly a companion bill to HR 872, S 718. This is NOT exactly a companion bill to HR 872, but a partial fix, and a means to begin seriously debating but a partial fix, and a means to begin seriously debating this issue.this issue.

AMCA Washington Day – May 9-11, 2011AMCA Washington Day – May 9-11, 2011

Legislative FixLegislative Fix

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ANY QUESTIONS?ANY QUESTIONS?

NPDES Update E-List

Dr Rosmarie KellyGeorgia Division of Public [email protected]

EPD

Jill [email protected]

EPD

Gigi [email protected]

GA NPDES Permit Information

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