Sandra K. McDonald Mountain West PEST West Pest NPDES detailed guidance.pdfSandra K. McDonald...
Transcript of Sandra K. McDonald Mountain West PEST West Pest NPDES detailed guidance.pdfSandra K. McDonald...
Sandra K. McDonald
Mountain West PEST
THANKS to CWMA!!! Especially:
Holly Postmus, Rio Blanco County
Jana Gregg, Fremont County
J.R. Phillips, Fremont County
Tina Booton, Weld County
Darrel Plane, Rio Grande County
Fred Raish, CWMA President
Talent Irrigation Case • Headwaters, Inc. & Oregon Natural Resources
Council Action filed a citizen lawsuit against the Talent Irrigation District for violations of CWA by applying the aquatic herbicide Magnacide H to its canals without obtaining a NPDES permit
Headwaters vs. Talent Irrigation
• FIFRA – nationally uniform labeling system, but no permitting system for individual application
• EPA approves pesticides with knowledge that
pesticides containing pollutants may be discharged from point sources only pursuant to obtaining NPDES permit
Background
Litigation Headwaters v. Talent (9th Circuit, 2001)
League of Wilderness Defenders v. Forsgren (9th Circuit, 2002)
Altman v. Town of Amherst (2nd Circuit, 2002)
Fairhurst v. Hagener (9th Circuit, 2005)
Background
Interim Statement issued August 2003
Clarified EPA’s Position
Interpretive Statement issued February 2005
Finalized Interim Statement
Background
Proposed Rule published February 2005
Proposed to Codify Substance of Interpretive Statement
Final Rule published November 27, 2006
EPA’s Final Rule on Aquatic Pesticides
• November 27, 2006
• EPA issued a final rule clarifying specific circumstances when a CWA permit is not required to apply pesticides to or around water
EPA’s Final Rule on Aquatic Pesticides
• Rule confirmed EPA's past operating approach that pesticides legally registered under FIFRA for application to or near aquatic environments, and legally applied to control pests at those sites, are not subject to NPDES permit requirements
Background – 6th Circuit In December 2006, petitions for review
were filed in all 11 Circuit Courts
Petitions were consolidated in the 6th Circuit Court of Appeals
Litigation on Final Rule Petitions for review were filed in 11 Circuit
Courts
Petitions were consolidated in the 6th Circuit Court of Appeals (National Cotton Council, et al. v. EPA)
April 29, 2008 the 6th Circuit heard oral arguments
January 7, 2009 the 6th Circuit Court issued a decision
Background – 6th Circuit January 2009 -- 6th Circuit vacated the
CWA pesticides rule, stating that the rule was not a reasonable interpretation of the CWA
2009 Ruling National Pollutant Discharge Elimination
System (NPDES) permits required for all biological and chemical pesticide applications that leave a residue in water when applications are made in, over, or near waters of the United States
6th Circuit’s Decision Court held that NPDES permits are required
for:
1. All biological pesticide applications that are made in or over, including near waters of the US
2. Chemical pesticide applications that leave a residue or excess pesticide in water when such applications are made in or over, including near waters of the US
CWA Trumps FIFRA • Residual pesticide left in water after
application is a “pollutant” • Irrigation canals are connected to natural
waters of US • CWA says discharge of pollutants into waters
of the US requires a permit, which allows a polluter to discharge a specified amount of the pollutant
Response to Court’s Decision
• April 9, 2009 -- US Government filed a Motion for Stay of the Mandate for a period of two years
Court Grants EPA 2-Year Stay • June 8, 2009 • US 6th Circuit Court of Appeals granted
EPA a two-year stay of the mandate in National Cotton Council et al. v. EPA until April 9, 2011
Stay until April 9, 2011 • Provide EPA time to develop, propose and
issue final NPDES general permits for unauthorized NPDES states, territories and tribes for pesticide applications covered under the decision
• EPA worked with NPDES authorized States to develop their general permits concurrent with the development of EPA’s general permits to expedite implementation
Background – 6th Circuit March 2011 -- 6th Circuit granted EPA’s
second request for extension resulting in a stay of the mandate from April 9, 2011 until October 31, 2011
EPA = October 31, 2011
CDPHE = November 4, 2011
CWA NPDES Statutory Framework 40 CFR 122.2 defines “point source” as:
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.
The court ruled that discharges from pesticide applications are point sources (e.g., from a hose or an airplane)
CWA NPDES Statutory Framework
40 CFR 122.2 defines “discharge of a pollutant” as:
(a) Any addition of any “pollutant” or combination of pollutants to “waters of the United States” from any “point source,”
The court ruled that “biological pesticides” and “chemical pesticides that leave a residue” are pollutants.
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] Appendix A: Definitions, Abbreviations, and Acronyms
CWA NPDES Statutory Framework
40 CFR 122.2 defines “Waters of the United States” as:
All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide;
All interstate waters, including interstate “wetlands;”
All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, “wetlands,” sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce;
More information about “waters of the U.S.” EPA Guidance: http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
CWA NPDES Statutory Framework
40 CFR 122.2 defines “Waters of the United States” as:
All impoundments of waters otherwise defined as waters of the United States under this definition;
Tributaries of waters identified in paragraphs (a) through (d) of this definition;
The territorial sea; and
“Wetlands” adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.
More information about “waters of the U.S.” EPA Guidance: http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm
EPA NPDES Permitting Authority All discharges, including from Federal facilities: States: AK, ID,
MA, NH, NM, OK
State: TX (for oil, gas, and geothermal related discharges only)
Territories/Other: All, except VI
Discharges from Federal facilities only: CO, DE, VT, WA
Discharges on Indian Country lands: All, except in ME
Note: OK DEQ authorized but not to regulate pesticide activities.
State-Issued NPDES Permits State-issued general permits must meet all
CWA requirements that the Federally-issued permit must meet but can be more stringent
EPA does maintain an oversight role
Citizens have a right to challenge EPA and state NPDES permits
Pesticides & NPDES Permits
• Failure to comply with the general NPDES permit requirements for all applications will be a violation of the CWA and subject to civil penalties of up to $37,500 per day
• CWA it allows for citizen suits against the applicator/entity
NPDES General Permit A general permit is designed to cover
permittees with similar operations and/or type of discharge
NPDES in Colorado Environmental Protection Agency is
responsible for administering Colorado's NPDES Permitting and Compliance Program on Federal and Tribal land
NPDES in Colorado Colorado Department of Public Health and
Environment Water Quality Control Division (WQCD) is responsible for administering Colorado's NPDES Permitting and Compliance Program on State and private land
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www.epa.gov/npdes/pubs/final_pgp.pdf
EPA General Permit Signed October 31, 2011
Effective October 31, 2011
Expires December 31, 2016 (midnight)
EPA PGP
Permit Conditions
EPA PGP 9.8
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. Appendix A: Definitions, Abbreviations, and Acronyms
Indian Country (a) all land within the limits of any Indian reservation under
the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. This definition includes all land held in trust for an Indian tribe. [18 U.S.C. 1151; 40 CFR 122.2]
Appendix A: Definitions, Abbreviations, and Acronyms
For more information on EPA’s PGP Pesticide permitting:
www.epa.gov/npdes/pesticides
Administrative Record for permit available at:
www.regulations.gov
(docket ID: EPA-HQ-OW-2010-0257)
Send any pesticide general permit related questions to:
Web Resources CDPS Permit COG860000 Pesticides General
Permit
www.cdphe.state.co.us/wq/permitsunit/ PERMITs/PESTICIDES/COG860000per.pdf
COLORADO GENERAL PERMIT Permit No. COG860000
CDPS GENERAL PERMIT FOR
DISCHARGES FROM APPLICATIOSN OF PESTICIDES
COLORADO DISCHARGE PERMIT SYSTEM
In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., CRS, 1973 as amended), facilities engaged in applications of pesticides are authorized to discharge from locations throughout the State of Colorado to surface waters of the state. Such discharges shall be in accordance with conditions of this general permit.
Colorado General Permit Signed November 4, 2011
Effective November 4, 2011
Expires December 31, 2013 (midnight)
CDPHE PGP
Colorado General Permit Modeled on EPA with very specific exceptions:
Notice of Intent (Application) -- entities are NOT required to submit a Notice of Intent, for any discharges associated with applications of pesticides authorized under the Colorado General Permit
CDPHE
CDPHE General Permit Modeled on EPA with very specific exceptions:
Termination – entities are NOT required to submit a Notice of Termination
CDPHE
CDPHE General Permit Modeled on EPA with very specific exceptions:
Certification of Compliance – entities that exceed the PGPs Thresholds must submit a Certification of Compliance and implement Pest Management Practices and document those practices in a Pesticide Discharge Management Plan
CDPHE
CDPHE General Permit Modeled on EPA with very specific exceptions:
Annual Report – entities are NOT required to submit an annual report
CDPHE
CDPHE General Permit Modeled on EPA with very specific exceptions:
Permit Term
CDPHE permit expires December 31, 2013
EPA permit expires December 31, 2016
CDPHE
Limitations of Colorado Permits Water Quality Impaired Waters
Waters Designated as Outstanding Waters
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
Water Currently or Previously Covered by another Permit
CDPHE PGP 1.1.2
Surface waters of the state- Surface waters of the state of Colorado means
any and all surface and subsurface waters which are contained in or flow in or through this State, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.
Impaired Waters
Impaired waters are those that have been identified by a State, Territory, Tribe, or EPA pursuant to Section 303(d) of the CWA as not meeting applicable water quality standards
Impaired waters include both waters with EPA-approved and EPA-established Total Maximum Daily Loads (TMDLs), and those for which EPA has not yet approved or established a TMDL
Permits divided into eight parts: 1. Coverage under the permit
2. Technology-based effluent limitations
3. Water quality-based effluent limitations
4. Monitoring
5. Pesticide discharge management plan
6. Corrective action
7. Reporting and recordkeeping
8. Contact information
PGP Overview Structured by pesticide use patterns Established different requirements for
different types of pesticide use patterns different types of operators and different sizes of areas treated and
managed for the control of pests 9t!Ωǎ bƻǘƛŎŜ ƻŦ LƴǘŜƴǘ ŀƴŘ /5tI9Ωǎ /ƻƳLJƭƛŀƴŎŜ
Certification requirements are based on the size of areas treated and the type of entity making the decision to perform pesticide applications.
EPA PGP Parts EPA’s PGP includes four appendices with
additional conditions and guidance for permittees:
a) definitions
b) standard permit conditions
c) notice of intent requirements
d) notice of termination requirements
The general permit is structured by pesticide use patterns
Operators should carefully read each part of the permit to assess whether or what portion of the requirements in each part may apply to their activities
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. Appendix A: Definitions, Abbreviations, and Acronyms
NPDES General Permit A general permit is designed to cover
permittees with similar operations and/or type of discharge
Locations where more stringent requirements are necessary require an individual permit
Alternative Permit If EPA or CDPHE requires an Operator to
apply for an individual permit, the Operator will be notified in writing that a permit application is required
EPA PGP 1.3.1 / CDPHE PGP 1.3
EPA NPDES Pesticide General Permit covers anyone in Colorado (Federal/Tribal) discharging a pesticide in, over, or near a water of the United States for:
Mosquito and Other Flying Insect Pest Control
Weed and Algae Pest Control (Aquatic)
Animal Pest Control (Aquatic)
Forest Canopy Pest Control
EPA PGP 1.1.1
CDPHE NPDES Pesticide General Permit covers anyone in Colorado (state/private) discharging a pesticide in, over, or near a water of the state:
Mosquito and Other Flying Insect Pest Control
Weed and Algae Pest Control (Aquatic)
Animal Pest Control (Aquatic)
Forest Canopy Pest Control
CDPHE PGP 1.1.1
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.
EPA PGP 1.1.1.a / CDPHE PGP 1.1.1.a
Mosquito and Other Flying Insect Pest Control From EPA PGP Factsheet
Mosquito and Other Flying Insect Pest Control “includes the application, by any means, of chemical and biological insecticides and larvicides into or over water to control insects that breed or live in, over, or near Waters of the United States.”
Note: EPA recognizes that mosquito adulticides
are applied to forest canopies, and this application is covered under the “Mosquito and Other Flying Insect Pest Control” use pattern
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.
EPA PGP 1.1.1.b / CDPHE PGP 1.1.1.b
Weed and Algae Pest Control From EPA PGP Factsheet
Weed and Algae Pest Control “includes the application, by any means, of contact or systemic herbicides to control vegetation and algae (and plant pathogens such as fungi) in Waters of the United States and at water’s edge, including ditches and/or canals.”
Animal Pest Control (Aquatic) to control animal pests in water and at
water's edge. Animal pests in this use category include fish, lampreys, insects, mollusks, and pathogens.
EPA PGP 1.1.1.c / CDPHE PGP 1.1.1.c
Animal Pest Control (Aquatic) From EPA PGP Factsheet
“includes the application, by any means, of pesticides into Waters of the United States to control a range of animal pests for purposes such as fisheries management, invasive species eradication or equipment operation and maintenance.”
EPA intends for the phrase “at water’s edge” to allow coverage of activities targeting pests that are not necessarily “in” the water but are near the water such that control of the pests may unavoidably involve a point-source discharge of pesticides to Waters of the U.S.
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.
EPA PGP 1.1.1.d / CDPHE PGP 1.1.1.d
Forest Canopy Pest Control
From EPA’s PGP Factsheet
“includes pest control projects in, over, or to forest canopies (aerially or from the ground) to control pests in the forest canopy where Waters of the U.S. exist below the canopy.”
Pests are not necessarily aquatic (e.g., airborne non-aquatic insects) but are detrimental to industry, the environment, and public health
Note:
EPA intends that Forest Canopy Pest Control can include both mature and immature forest canopies, including canopies that may not be continuously connected, where control of pests associated with the canopy (i.e., branches and leaves of the trees) may unavoidably involve point source discharges of pesticides to Waters of the U.S.
Irrigation Return Flows and Agricultural Runoff
Do not require NPDES permits because they are specifically exempted from the CWA
No Permit Required Pesticides applications for the purpose
of controlling pests on agricultural crops, forest floors, or range lands where there will be no point source discharge of pollutants from that pesticide application
Not Covered Pesticides labeled for terrestrial use are
prohibited by the label to have a direct discharge into a water are not covered by either permit
Not Covered Spray drift resulting from pesticide
applications with the exception of those use patterns that may include drift as an accepted method of application (e.g., mosquito fog)
Pesticides Permit Decision Tool EPA’s interactive tool for potential permittees:
Determine if an NPDES permit will be needed for the pesticide application
For those who determine they need a permit, determine if they are eligible for coverage under EPA's PGP
If they are eligible for coverage under EPA's PGP, understand the PGP requirements
Web Resources Interactive Decision-making tool:
http://cfpub.epa.gov/npdes/pesticides/prtool.cfm
Other Federal and State Laws Operators (Applicators and Decision-makers)
must comply with all other applicable federal and state laws and regulations that pertain to the application of pesticides
The 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 labeling
EPA PGP 1.5 / CDPHE PGP 1.5
FIFRA Compliance Permittee must comply with the pesticide
label requirements (FIFRA) and all of the conditions of this general permit
Permit does not supersede or preempt federal or state label requirements or any other applicable laws and regulations
FIFRA Labeling Pesticide use inconsistent with certain
FIFRA labeling requirements could result in the Operator being held liable for a CWA violation as well as a FIFRA violation
Operator Any entity associated with an
application of a pesticide which results in a discharge to waters of the U.S./state
1) Decision-maker
2) Applicator
EPA PGP 1.0 / CDPHE PGP 1.0
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. Appendix A: Definitions, Abbreviations, and Acronyms
Large Entity Decision-maker
any entity that is not a “small entity.” Appendix A: Definitions, Abbreviations, and Acronyms
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. Appendix A: Definitions, Abbreviations, and Acronyms
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.
Appendix A: Definitions, Abbreviations, and Acronyms
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). Appendix A: Definitions, Abbreviations, and Acronyms
Treatment Area Two options
May be comprised of many discontinuous individual locations where pesticides are being applied within a pest management area
May be one specific area
EPA does not expect Operators (Applicators and Decision-makers) to have to document each specific spot on a map where pesticide has been applied Rather, for any given pest control project, EPA generally expects Operators (Applicators and Decision-makers) to consolidate records within the bounds of that project
Thresholds for Decision-makers > 6,400 acres/calendar year
Mosquito and Other Flying Insect Pest Control
larvaciding activities not included in the total
Forest Canopy Pest Control
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Thresholds for Decision-makers Mosquito and Other Flying Insect Pest Control
Forest Canopy Pest Control
Count each pesticide application activity to a treatment area as a separate area treated
Thresholds for Decision-makers > 20 linear miles OR > 80 surface acres
Weed and Algae Pest Control
Animal Pest Control
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Thresholds for Decision-makers Weed & Algae Pest Control
Animal Control Pest Control
Count each treatment area only once, regardless of the number of pesticide application activities performed in a given year
Ditches -- CDPHE In accordance with the Colorado Water Quality
Control Act, a permit is not required for any flow or return flow of irrigation water into state waters except as may be required by the federal act or regulations
CDPHE recommends that Decision-makers include areas of application to ditches, even if they are dry at the time of application, in their calculations for determining if they meet thresholds for submittal of a Compliance Certification
CDPHE -- Flood Irrigation To the extent that waters in a field following flood
irrigation are not waters of the state (are waters withdrawn for use), permit coverage is not needed for application of pesticides to those waters because it is not considered a discharge to waters of the state
CDPHE would consider commingling of those waters with irrigation water to be irrigation return flow and/or surface runoff from an agricultural field, and therefore the discharge of the commingled water would be exempt from permit requirements
Technology-based effluent limitations in the PGP provide further protections beyond compliance with existing FIFRA requirements
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. Appendix A: Definitions, Abbreviations, and Acronyms
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. Appendix A: Definitions, Abbreviations, and Acronyms
“Minimize” Use only the amount of pesticide & frequency of
application necessary to control the target pest Perform equipment maintenance and
calibration Assess weather conditions prior to pesticide
application Accurately identifying the pest problem Efficiently and effectively managing the pest
problem Properly use pesticides
EPA PGP 2.1 / CDPHE PGP 2.1
Effluent Limits Water Quality-Based Effluent Limits
EPA expects that compliance with FIFRA in addition to compliance with the conditions in the permit will control discharges as necessary to meet applicable water quality standards
Water Quality-based Effluent Limitations
Operators must control its discharge as necessary to meet applicable water quality standards
EPA PGP 3.0 / CDPHE PGP 3.0
Certain Decision-makers who perform more significant pesticide applications will be required to submit:
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations.
Other types of entities with a specific responsibility to control pests (e.g., mosquito and weed control districts, irrigation districts)
Other entities that apply pesticides in excess of specified annual treatment area thresholds
Dischargers to Tier 3 waterbodies
Dischargers to Waters of the U.S. containing NMFS Listed Resources of Concern
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Entities Required to Submit NOI/ Compliance Certification
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Entities Required to Submit NOI/Compliance Certification
Other types of entities with a specific responsibility to control pests
mosquito, weed, and other pest control districts
irrigation districts
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Entities Required to Submit NOI/Compliance Certification Local government or other entities that apply
pesticides in excess of specified annual treatment area thresholds
Thresholds differ according to specific use pattern > 80 surface acres or 20 miles
Weed & Algae Control Animal Pest Control
> 6,400 acres Mosquito & Flying Insect Pest Control Forest Canopy Pest Control
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Entities Required to Submit NOI/Compliance Certification
Dischargers to Waters of the U.S. containing NMFS Listed Resources of Concern
EPA PGP Table 1-1 / CDPHE PGP Table 7-2
Decision-makers required to submit NOI as a result of discharges to Waters of the U.S. containing NMFS Listed Resources of Concern
Limited to: NMFS Species/Habitat – Salmon, Sturgeon, Eulachon
Locations – ID, WA, OR, CA, NH, MA & DC
Maps available at http://www.epa.gov/npdes/pesticides
EPA expects that less than 2% of the total number of Operators under this permit who will need to meet additional ESA requirements
Research & Demonstration Operators of pesticide research and
development activities are not required to submit a Notice of Intent/Compliance Certification
Operators are still required to comply with PGP requirements to the extent those requirements do not conflict with the research plan
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). Appendix A: Definitions, Abbreviations, and Acronyms
EPA NOI requirements are based on the size of areas treated and the entity making the decision to perform pesticide applications
EPA Notice of Intent
Identify the responsible entity and provide basic contact information
Description of entity: e.g., federal, state or local government agency, public utility, homeowner’s assn., commercial/business establishment
Type of discharges: pesticide use patterns)
Receiving water(s)
Web Resources Appendix D. Notice of Intent Form (PDF) (10
pp, 345K)
www.epa.gov/npdes/pubs/pgp_appd.pdf
Operator Type determines EPA NOI Submission Deadline Decision-maker with a discharge in
response to a Declared Pest Emergency for which that activity triggers the NOI requirement
At least 30 days after beginning discharge
EPA PGP Table 1-2
Operator Type determines EPA NOI Submission Deadline Decision-maker with any discharge to Waters
of the U.S. containing NMFS Listed Resources of Concern
At least 30 days before any discharge
Decision-maker with any discharge to Waters of the U.S. containing NMFS Listed Resources of Concern, in response to a Declared Pest Emergency Situation
Within 15 days after beginning to discharge EPA PGP Table 1-2
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. Appendix A: Definitions, Abbreviations, and Acronyms
Operator Type determines EPA NOI Submission Deadline Decision-maker that exceeds any annual
treatment area threshold
At least 10 days before exceeding an annual treatment area threshold
EPA PGP Table 1-2
Operator Type determines EPA NOI Submission Deadline Decision-maker otherwise required to
submit an NOI
At least 10 days before any discharge for which an NOI is required
EPA PGP Table 1-2
EPA – Notice of Termination
To terminate EPA PGP coverage, a Decision-maker who is required to submit Notice, must submit Notice of Termination
Decision-makers are responsible for complying with the terms of this permit until authorization is terminated
Decision-makers who are required to submit annual reports must do so for the portion of the year up through the date of termination
EPA PGP 1.2.5.1
EPA Notice of Termination Deadlines Submit within 30 days of the occurrence of one of triggering events:
1. A new Decision-maker has taken over responsibility for the pest control activity
2. Decision-maker has ceased aquatic pesticide application covered under the general permit
3. There is not and no longer will be pesticide discharge
4. Decision-maker has obtained coverage under an individual permit or an alternative general permit
EPA PGP 1.2.5.2
Web Resources Appendix E. Notice of Termination (PDF) (5 pp,
272K)
www.epa.gov/npdes/pubs/pgp_appe.pdf
CDPHE Compliance Certification Must at least include the following information:
a. Operator name
b. Operator Type
c. Operator Representatives and Contact Information
d. Applicator name, Applicator Representatives, and Contact Information
e. Pest Management Areas and related information
CDPHE PGP 7.6.1
Pest Management Measures Any Decision-makers who is or will be
required to submit a Notice of Intent/Compliance Certification
Prior to the first pesticide application covered under this permit that will result in a discharge to surface waters of the U.S./State
At least once each calendar year prior to the first pesticide application for that calendar year
Pest Management In developing the Pest Management Measures for each pest management area, the Decision-maker must evaluate the management options, including a combination of these management options, considering impact to water quality, impact to non-target organisms, feasibility, and cost effectiveness
EPA PGP 2.2 / CDPHE PGP 2.2
Pest Management Measures Identify the Problem
Pest Management
Pesticide Use
Site Monitoring
EPA PGP 2.2 / CDPHE PGP 2.2
Identify the Problem 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
5. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate
EPA PGP 2.2.2 a / CDPHE PGP 2.2.2.a
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. Appendix A: Definitions, Abbreviations, and Acronyms
Pest Management Management Options:
a. No action
b. Prevention
c. Mechanical or physical methods
d. Cultural methods
e. Biological control agents
f. Pesticides
EPA PGP 2.2.2.b / CDPHE PGP 2.2.2.b
No Action No action is to be taken, although pest
problem has been identified
Prevention Preventing introductions of possible pest
Identifying primary pathways of introduction and actions to cut off those pathways is essential to prevention
Mechanical or Physical Methods Mechanical control techniques will vary
depending on the pest
dewatering
pressure washing
abrasive scrubbing
weed removal by hand or machine
Cultural Method Include the use of pond dyes and water-level
drawdown
Biological Control Biological control may be achieved through
the introduction of diseases, predators, or parasites
Pesticide Use If a pesticide is selected to manage pests, any Decision-maker required to submit a Notice of Intent/Compliance Certification 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
EPA PGP 2.2.2 c / CDPHE PGP 2.2.2.c
Pesticide Use If a pesticide is selected to manage pests, any Decision-maker required to submit a Notice of Intent/Compliance Certification must:
2. Reduce the impact on the environment and non-target organisms by applying the pesticide only when the action threshold has been met
EPA PGP 2.2.2 c / CDPHE PGP 2.2.2.c
Pesticide Use Include a list of active ingredient(s) evaluated
Identify specific equipment or methods that will prevent or reduce the risks to non-target organisms and pesticide discharges to surface water
Recordkeeping Requirements for Different Types of Operators All Operators All Operators who are For-Hire Applicators Any Decision-maker required to submit a
NOI/Compliance Certification and who is a small entity
Any Decision-maker required to submit a NOI/Compliance Certification and who is a large entity
Retention of Records: All Operators
EPA PGP 7.0 / CDPHE PGP 7.0
Recordkeeping Requirements Document records within 14 days
Retain any records required under the Permits for at least 3 years from the date that coverage under the Permit expires or is terminated
All records kept under the PGP must be provided upon request
EPA PGP 7.0 / CDPHE PGP 7.0
Recordkeeping and Reporting All Operators:
Copy of any Adverse Incident Reporting
Copy of any corrective action documentation
Copy of any spill and leak or other unpermitted discharge documentation
EPA PGP 7.1 / CDPHE PGP 7.1
Web Resources Appendix G. Annual Report Template (PDF) (7
pp, 254K)
www.epa.gov/npdes/pubs/pgp_appg.pdf
EPA – Annual Report 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
EPA PGP 7.6
Pesticide application activities that do not result in discharges of pesticides to Waters of the U.S. should not be included in the annual report since those discharges do not require NPDES permit coverage.
CDPHE Recordkeeping
Decision-maker Required to Submit a Compliance Certification and also a Small Entity
Copy of the Compliance Certification and any correspondence exchanged between the Decision-maker and CDPHE specific to coverage under this permit
Documentation of equipment calibration (only if Decision-maker is also the Applicator)
CDPHE PGP 7.3
CDPHE Recordkeeping Decision-maker Required to Submit a Compliance Certification and also a Small Entity
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 surface waters of the State, either by name or by location, to which pesticide(s) are discharged
2. Pesticide use pattern(s)
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
CDPHE PGP 7.3
CDPHE Recordkeeping Decision-maker Required to Submit a Compliance Certification and also a Small Entity
Information on each treatment area to which pesticides are discharged, including:
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
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
CDPHE PGP 7.3
CDPHE Recordkeeping Recordkeeping for Any Decision-maker Required to Submit a Compliance Certification and also a Large Entity Copy of the Compliance Certification and any
correspondence exchanged between the Decision-maker and CDPHE specific to coverage under this permit
A copy of the PDMP, including any modifications made to the PDMP during the term of this permit
Documentation of equipment calibration (only if Decision-maker is also the Applicator)
CDPHE PGP 7.4
CDPHE Recordkeeping Recordkeeping for Any Decision-maker Required to Submit a Compliance Certification and also a Large Entity 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 surface waters of the State, 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
CDPHE PGP 7.4
CDPHE Recordkeeping Recordkeeping for Any Decision-maker Required to Submit a Compliance Certification and also a Large Entity Information on each treatment area to which pesticides are discharged,
including: 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) 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
CDPHE PGP 7.4
Pesticide Discharge Management Plan
Any large entity Decision-maker required to submit a Notice of Intent/Compliance Certification must prepare a PDMP
Except for applications made in response to a Declared Pest Emergency Situation
EPA PGP 5.0 / CDPHE PGP 5.0
Pesticide Discharge Management Plan Contents
PDMP Team Pest Management Area Description Control Measure Description Schedules and Procedures
Spill Response Procedures Adverse Incident Response Procedures
Pesticide Monitoring Schedules and Procedures Signature Requirements
EPA PGP 5.1 / CDPHE PGP 5.1
PDMP Constitutes a tool both to assist the large
entity Decision-maker in documenting what pest management measures it is implementing to meet the effluent limitations
Assist the permitting/compliance authority in determining whether the effluent limitations are being met
PDMP Developing a PDMP helps large entity Decision-makers ensure they have
1. taken steps to identify the pest problem
2. evaluated pest management options
3. selected appropriate pest management measures to control pesticide discharges
PDMP The PDMP must be kept up-to date and
modified whenever necessary to document any corrective actions as necessary to meet the effluent limitations in this permit
PDMP Decision-makers may choose to reference
other documents, such as a pre-existing pest management plan or spill prevention and response plan, in the PDMP rather than recreating the same text in the PDMP
Ensure that a copy of relevant portions of those referenced documents is attached to the PDMP and is located on-site and it is available for review
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 person(s):
responsible for managing pests in relation to the pest management area
responsible for developing and revising the PDMP
responsible for developing, revising, and implementing corrective actions and other effluent limitation requirements
EPA PGP 5.1.1 / CDPHE PGP 5.1.1
PDMP Availability PDMP and all supporting documents must be
readily available, upon request, and copies of any of these documents provided, upon request, to CDPHE, EPA, or another State, Tribal, or local agency governing discharges or pesticide applications within their respective jurisdictions
EPA PGP 5.3 / CDPHE PGP 5.3
PDMP Availability PDMPs may be provided to the public
Confidential Business Information will be withheld
EPA PGP 5.3 / CDPHE PGP 5.3
Signature Requirements The PDMP must be signed and certified in
accordance with the signatory requirements in the Standard Permit Conditions
The signature requirement includes an acknowledgment that there are significant penalties for submitting false information
EPA PGP 5.1.5 / CDPHE PGP 5.1.5
Signatory Requirements For a corporation:
By a responsible corporate officer: (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.
Appendix B, Subsection B.11
Signatory Requirements For a partnership or sole proprietorship:
By a general partner or the proprietor
Appendix B, Subsection B.11
Signatory Requirements For a municipality, state, federal, or other
public agency:
By either a principal executive officer or ranking elected official (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).
Appendix B, Subsection B.11
PDMP Modifications The PDMP must be updated Whenever any of the triggering conditions for
corrective action occur When a review following the triggering conditions
requires the Operator to revise his/her Pest Management Measures as necessary to meet the effluent limitations
All 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 or after an annual review
EPA PGP 5.2 / CDPHE PGP 5.2
Web Resources Pesticide Discharge Management Plan
Template
http://www.epa.gov/npdes/pubs/pgp_pdmp_template.doc
EPA Form – Pesticide Discharge Evaluation Worksheet Required for any Decision-maker required to submit an Notice of Intent and also a Small Entity Must retain at the address provided on the NOI
Worksheet includes: Decision-maker and applicator information NPDES permit tracking number(s) Contact person name, title, email address, and
phone number Locations and pesticide product use
information
Web Resources Appendix F. Pesticide Discharge Evaluation
Worksheet (PDF) (5 pp, 233K)
http://www.epa.gov/npdes/pubs/pgp_appf.pdf
Monitoring
Applicator Responsibility Must conduct “visual monitoring” to detect
observable adverse incidents that may be related to the pesticide discharge
All Operators If any post-application surveillance, must
conduct “visual monitoring” to detect observable adverse incidents that may be related to the pesticide discharge
EPA PGP 4.0 / CDPHE PGP 4.0
Adverse Incident Report Template 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
Web Resources Appendix H. Adverse Incident Template (PDF)
(8 pp, 253K)
http://www.epa.gov/npdes/pubs/pgp_apph.pdf
EPA Region 8 Adverse Incident Reporting Contacts Lisa Luebke
Enforcement Lead 1595 Wynkoop St. Denver, CO 80202-1129 Phone: (303) 312-6256 [email protected]
Colleen Gillespie 1595 Wynkoop St. Denver, CO 80202-1129 Phone: (303) 312-6133 [email protected]
David Rise Montana Operations Office, Federal Building 10 West 15th St., Suite 3200 Mail Code: 8MO Helena, MT 59626 Phone: (406) 457-5012 [email protected]
EPA PGP 8.2
Division Contact Information Oral Notifications, during normal business hours shall be to:
Compliance Assurance Section – Industrial Compliance Program
Water Quality Control Division
Telephone: 303-692-3500
CDPHE PGP 8.0
Division Contact Information Written notification shall be to:
Compliance Assurance Section – Industrial Compliance Program
Water Quality Control Division
Colorado Department of Public Health and Environment
WQCD-WQP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
CDPHE PGP 8.0
Corrective Action Corrective actions are follow-up actions an
Operator must take to assess and correct problems
Require review and revision of Pest Management Measures and pesticide application activities, as necessary, to ensure that these problems are eliminated and will not be repeated in the future
assess why a specific problem has occurred and document what steps were taken to eliminate the problem
EPA PGP 6.0 / CDPHE PGP 6.0
Corrective Action A situation triggering corrective action is not
necessarily a permit violation and, as such, may not necessarily trigger a modification of Pest Management Measures to meet effluent limitations
Failure to conduct (and document) corrective action reviews in such cases does constitute a permit violation
EPA PGP 6.0 / CDPHE PGP 6.0
Situations Requiring Revision of Pest Management Measures Operators (Applicators and Decision-makers) are required to review and, as necessary, revise the selection and implementation of their Pest Management Measures to eliminate any of the following situations: 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
Operators (Applicators and Decision-makers) become aware, or EPA/CDPHE concludes, that Pest Management Measures are not adequate/sufficient for the discharge to meet applicable water quality standards
EPA PGP 6.1 / CDPHE PGP 6.1
Situations Requiring Revision of Pest Management Measures Operators (Applicators and Decision-makers) are required to review and, as necessary, revise the selection and implementation of their Pest Management Measures to eliminate any of the following situations:
Any monitoring activities indicate failure to meet applicable technology-based effluent limitations
An inspection or evaluation by an EPA official, or local, state, or Tribal entity, determines that modifications are necessary to meet the non-numeric effluent limitations
An Operator observes or is otherwise made aware (e.g., a third party notification) of an adverse incident
EPA PGP 6.1 / CDPHE PGP 6.1
Corrective Action Deadlines • Changes to pest management measures must
be made before the next pesticide application that results in a discharge or as soon as practicable
• A schedule is included in the permit to ensure that any condition prompting the need for repair and improvement is not allowed to persist indefinitely
EPA PGP 6.2 / CDPHE PGP 6.2
Sandra K. McDonald 970-266-9573
[email protected] www.MountainWestPEST.com
Web Resources All URLs were valid February 29, 2012