Primer for PGP Compliance

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The following PowerPoint presentation provides a good overview of the permit requirements, as well as background on the issue. It is not intended to be comprehensive or definitive. Every landowner should read the permit. Links to the permit and other pertinent information are included at the end of the presentation. Here are several points you should know:
• All forest landowners that apply pesticides as part of a business operation are covered and affected by the Arkansas PGP
• All forest landowners should keep good records of all forest pesticide applications. Smaller landowners will not exceed the threshold limits that require filing a Notice of Intent (NOI), but good recordkeeping is a must
• Pesticide management areas are based on treatment areas within one county
• There are four Pesticide Use Patterns in the permit. Two are forestry categories and they have specific and different thresholds to trip the requirement to file an NOI:
o Weed and Algae Control cover all ground applications
o Forest Canopy Pest Control cover all aerial applications

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  • Presentation is a primer, an overview Still questions on both sides forest industry ADEQ ADEQ has been open to suggestions and have remained flexible Worked well with us
  • What is covered in today’s presentation Key topics for foresters and landowners Not all inclusive. Please read and understand PGP.
  • Will touch on all landowners and operators responsibilities. Focus of today’s presentation is on the operator who will not have to file for an NOI
  • ** This is a key point to comprehend Two basic distinctions: Over threshold = filing an NOI Under threshold = no NOI AFA work so far has been to minimize landowner exposure to filing NOIs.
  • The “county” designation is an important one – unique to Arkansas. This limits exposure to NOI filing. You’ll see why…
  • The other two PUPs Mosquito and other flying insect pests Aquatic Nuisance Animal Control
  • AFA worked close with ADEQ so they understood forestry BMPs, SMZs, mapping, application technology and monitoring. We can, because of standard practices and technologies we utilize, avoid any application to water.
  • Let’s take the PUPs one at a time First: W&AC – threshold is strictly based on applications to water Or, application to open water that make its way into WOTUS. Use a common sense, real world example. 1. Ground crew, summer time, ephemerals are dry – acres do not count against threshold 2. Ground crew, recent hurricane, drains are flowing, small streams are out of banks – operator would need to count “wet” acres against threshold Food for thought – what if: e.g., should applications cease when there is running water in the drains and ditches? If applicator cannot avoid application to the hydrological connection…
  • Discuss how SMZs are critical to avoid calculating annual thresholds. Q for DEQ: If applicator does apply to waters with direct hydrological connection (e.g., a flowing ditch or drain, a flooded stream), then are those acres included in the calculation of annual threshold?
  • Discuss how SMZ is not counted towards threshold – only to acres actually treated. Discuss how dry ephemeral drain is treated but not included in the threshold calculation.
  • CHANGE TO FOREST CANOPY PEST CONTROL PMA is usually going to be a county WOTS – puddles, ditches, drains, above or underground, natural or man-made 100 acres of HWC in May 100 acres of CSP in October = 200 acres towards threshold
  • Doubtful that forest landowners will have to apply for an NOI Why do we not want to apply for an NOI? Just a lot of regulation that we have not been subjected to in the past NOI is a public document Let’s outsiders know operator is applying 6400 acres+ of pesticide in a county NOI is subject to FIA inquiry Added level of oversight and scrutiny by media and environmental organizations
  • Noncompliance with the AR PGP could (at ADEQ’s discretion) require you to apply for and obtain an Individual National Pollutant Discharge Elimination System Permit (NPDES Permit) **Key points to drive home.
  • Greyed out bullets are either minor significance or are not additional burdens from past regulation. Semi-annual visual assessments – one at time of application, other at operator’s discretion… Question for ADEQ - Can the entity covered by the permit (e.g., Plum Creek) turn one or more of these visual assessments over to our contractor?
  • Semi-annual monitoring Probably most convenient At application After effects are evident Non-target organisms Organisms that are not targeted for control by the pesticide being applied E.g., A herbicide that kills or harms vertebrates or non-vertebrates NOT, for example, an overspray that affects an neighbor’s trees
  • Details – encourage listener to go through PGP and understand responsibilities focus on: 3 years of record retention 3 days to produce records
  • Lesson learned: don’t take “I don’t know” and “maybe,” “likely” and “probably” as answers…
  • Until then, suggest that operators develop a system to comply with the PGP. Avoid exceeding thresholds Review your site monitoring programs and adjust as necessary Systemize your record keeping Maps Spray reports Site inspections Permit by Rule: possible relief to operators and landowners
  • Primer for PGP Compliance

    1. 1. Primer for Compliance
    2. 2.  Eligibility Notification  Pesticide Use Patterns  Annual Thresholds  Notification Deadlines Automatic Coverage Monitoring Record Keeping *Today’s review is neither extensive nor complete – you should read through PGP
    3. 3.  Operator – the person or company with the primary management or ultimate decision- making responsibility.  Can be the landowner, the turn-key forestry consultant or the applicator.
    4. 4.  Eligibility  If you apply pesticides as part of a business (i.e., not just a homeowner), you are now covered and affected by the AR PGP  Level of PGP compliance is affected by:  Pest Management Area  Pesticide Use Pattern  Annual Threshold  If annual threshold is exceeded – must file a “Notice of Intent” (aka, NOI)
    5. 5.  “A contiguous area of land…where permittee is responsible for pest management.” PMA’s are based on treatment areas within the same county Two or more treatment areas are one PMA if they are in the same county and within 15 miles of each other
    6. 6.  12 Treatment Areas in 1 county, all within 15 miles = 1 PMA If acres treated multiple times in one year, counted each time
    7. 7.  Based on pests being controlled, location and/or method Four PUP categories in PGP Two forestry categories  Weed & algae control (ground applications)  Forest canopy pest control (aerial applications)
    8. 8.  Weed & Algae Control  Ground applications  Threshold acres - in water and at water’s edge  From PGP: “…understood to include… forest lands…” Forest Canopy Pest Control  Aerial applications over forest canopy  Threshold acres – all treated acres  From PGP: “…a portion…unavoidably …deposited to water.”
    9. 9.  Weed and Algae Control  “Applications to water and at the water’s edge”  Based upon “Waters of the United States”  Includes “…conveyances with a hydrologic surface connection to WOTUS at time of application.”  A hydrologic connection to WOTUS  E.g., a live/flowing ephemeral drain or other connection  NOT a puddle, dry ephemeral or dry jurisdictional wetland  Requires applicator to monitor surface water conditions
    10. 10.  Weed and Algae Control  Ground applications  100 acres of waters treated  200 linear miles of “water’s edge”  SMZs provide critical protection
    11. 11.  Ground Application  PUP = Weed Control Ephemeral Drain  Total acres treated = 198  Acres of WOTUS or water’s edge treated = 0  Acres toward threshold = 0
    12. 12.  Forest Canopy Pest Control  Aerial applications  Based on total acres in treatment areas within a Pest Management Area  Based on “waters of the state” which is any water  Threshold = 6,400 acres per PMA (usually a county)  Count all acres treated – not just wet acres  Count multiple treatments to single stand individually
    13. 13.  Aerial application  PUP = Canopy Pest Control  Acres of “waters of the state” are not determined  Total acres treated = 204  Acres toward threshold = 204  Acres within SMZ are not included
    14. 14.  Should I file for an NOI? Thresholds are high  Forest Canopy = 6,400 acres in a county  Weed Control = 100 acres applied to WOTUS in a county Operators who know or should have reasonably known (will exceed the threshold), prior to commencement must apply for NOI at least 10 days prior to first application Or, at least 10 days before you know you will exceed the annual threshold
    15. 15.  If you apply pesticides as part of a business (e.g., not homeowners), you are now covered and affected by the AR PGP There are specific requirements in the AR PGP that you are now responsible for Risks of noncompliance
    16. 16.  FIFRA Meet water quality standards Registered pesticides Follow state laws Lowest effective amounts to achieve objectives Visual assessments Corrective actions Assess weather conditions
    17. 17.  Semi-annual monitoring  PGP does not detail when  Physical surroundings of the site  Inspect for “adverse incidents” Adverse incident – A person or non-target organism is exposed and has experienced a toxic or adverse effect documented by ADEQ or other agency  What is a non-target organism?
    18. 18.  Certain records must be kept for 3 years following application  Upon request from DEQ:  Available to DEQ within 3 days  Operator name and contact info  Applicator name and contact info  Product information  Application date, crop, type of application  Application location, acres, size of PMA  Rates  Control measures, monitoring/inspection reports  Records of any spills, leaks and corrective actions
    19. 19.  We are now a regulated industry  And we got off ok (my opinion)  We learned to pay attention to details and ask better questions (silvicultural exemption) Lesson learned is that all of us must stay in the game This has given us a glimpse of things to come, and how to address them  Forest roads
    20. 20.  Arkansas Department of Environmental Quality  www.adeq.state.ar.us Pesticide General Permit - ARG870000  (Searching “General Permits” will get you close) http://www.adeq.state.ar.us/water/branch_per mits/general_permits/pdfs/arg870000.pdf

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