Clean Water Act Permitting of Discharges From Pesticide Applications For Oklahoma

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Clean Water Act Permitting of Discharges From Pesticide Applications. Pesticide General Permit (PGP)

Clean Water Act Permitting of Discharges From Pesticide Applications. Pesticide General Permit (PGP)

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  • 1. Jenelle HillPGP CoordinatorU.S. EPA, Region 6214-665-9737Hill.jenelle@epa.gov
  • 2. Posting of EPA’s Final PGP EPA’s final Pesticide General Permit (PGP) was posted online on October 31, 2011:  Has concluded interagency review by the Office of Management and Budget.  Does contain additional conditions from ongoing Endangered Species Act (ESA) consultation with NMFS & USFWS. 2
  • 3. Pesticide Use Patterns 3
  • 4. Part 1: NPDES Pesticide PermittingNPDES CWA Statutory Framework  Any “point” source” Must obtain NPDES  “discharge of permit coverage a pollutant” (provides legal authority  to “waters of for those discharges of the U.S.” pollutants to waters of the U.S.) 4
  • 5. CWA NPDES Statutory Framework (cont.)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 pesticideapplications are point sources (e.g., from a hose oran airplane). 5
  • 6. CWA NPDES Statutory Framework (cont.)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,” or  (b) Any addition of any pollutant or combination of pollutants to the waters of the “contiguous zone” or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation.  This definition includes additions of pollutants into waters of the U.S. from:  surface runoff which is collected or channeled by man;  discharges through pipes, sewers, or other conveyances owned by a State, municipality, or other person which do not lead to a treatment works; and,  discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works.  This term does not include an addition of pollutants by any “indirect discharger.”The court ruled that “biological pesticides” and “chemicalpesticides that leave a residue” are pollutants. 6
  • 7. CWA NPDES Statutory Framework (cont.)40 CFR 122.2 defines “Waters of the United States” or “waters of the U.S.” as:a) 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;b) All interstate waters, including interstate “wetlands;”c) 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;d) All impoundments of waters otherwise defined as waters of the United States under this definition;e) Tributaries of waters identified in paragraphs (a) through (d) of this definition;f) The territorial sea; andg) “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.” can be found in EPA Guidance: (http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm). 7
  • 8. Clean Water Act Exemptions from NPDES Permitting Irrigation Return Flow: Generally Exempt by Statute CWA §502(14)Agricultural Stormwater:Generally Exempt byStatute CWA §502(14) 8
  • 9. Scope The EPA PGP will cover pesticides authorized for use under FIFRA, and generally includes pesticide applications covered by the 2006 Rule. The EPA PGP will cover the following pesticide use patterns (with discharges to waters of the U.S.) for the control of:  Mosquitoes and Other Flying Insect Pests  Weed and Algae  Animal Pests  Forest Canopy Pest 9
  • 10. Who’s not Eligible for PGP? Discharge to impaired waters are not eligible for coverage from a pesticide application to WUS identified as impaired by the active ingredient in that pesticide or is a degradate of the active ingredient Discharge to tier 3 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 10
  • 11. Who’s not Eligible for PGP? Discharges currently or previously covered by another NPDES permit Applications that do not result in a point source discharge to Waters of the U.S., (i.e. terrestrial applications for controlling pests on agricultural crops, forest floors, or range lands) Agricultural runoff and irrigation return flows continue to be exempt from permitting under the CWA 11
  • 12. Who’s an Operator? The EPA PGP defines “operator” as any entity associated with an application of a pesticide which results in a discharge to Waters of the U.S. Operators are entities that meet either or both of the following two criteria: (1) Are a “decision-maker” who has control over the decision to perform pesticide applications. (2) Are an “applicator” who has day-to day control of or performs activities that are necessary to ensure compliance with the permit. 12
  • 13. Authorization Delays EPA may delay authorization to discharge to Waters of the US EPA may determine that additional TBEL &/or WQBEL effluent limits are needed EPA may deny coverage under the PGP & require submission of an application for an individual NPDES permit 13
  • 14. How will I know if my NOI is accepted?  Number of days after the NOI is shown accepted on the webpage www.epa.gov/npdes/pesticides/eNOI  10 days if discharging to Waters of the US with OUT NMFS Resources of Concern  15 days if discharging to Waters of the US with NMFS Resources of Concern 14
  • 15. Who Must Submit NOI Decision-makers who perform more significant pesticide applications:  State and Federal agencies  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  Discharges to Tier 3 waterbodies (ONRW)  Discharges to NMFS Resources of Concern 15
  • 16. Thresholds for Decision-makers Required to Submit NOI Annual Treatment Area ThresholdsPesticide Use Annual Threshold (NOI Required)Mosquitoes and Other Insect, Area-wide, 6,400 acres of pest management areaForest CanopyVegetation and Algae Control:-In Water 80 acres of treatment area 20 linear miles of treatment area at- At Water’s Edge: water’s edgeAnimal Control:-In Water 80 acres of treatment area 20 Linear miles of treatment area at- At Water’s Edge water’s edge 16
  • 17. Summary of NMFS’ BO on PGP Only includes additional permit conditions for:  NMFS Species/Habitat – Salmon, Sturgeon, Eulachon  Location – ID, WA, OR, CA, NH, MA & DC• NMFS offers Reasonable and Prudent Alternative with 3 elements to ensure PGP does not jeopardize continued existence of listed species and critical habitat. 17
  • 18. Summary of PGP Requirements All operators (Decision-makers and Applicators):  minimize discharges by using only the amount of pesticide and frequency of application necessary to control the target pest  visual monitoring and reporting any adverse incidents  control discharges to meet applicable numeric and narrative state, territory, or tribal water quality standards Applicators:  maintain and calibrate equipment to prevent leaks and spills  apply pesticides during favorable weather conditions  Do NOT submit NOIs if not also a Decision-maker 18
  • 19. Large & Small Entity Requirements Decision-makers that are required to file NOI: LARGE (public: serves >10,000; private: exceeds SBA standard):  implement IPM-type procedures  develop a Pesticide Discharge Management Plan (PDMP)  submit annual reports  maintain detailed records SMALL:  implement IPM-type procedures  complete a pesticide discharge evaluation worksheet for each application (in lieu of more comprehensive PDMP, annual report, and detailed recordkeeping) 19
  • 20. Who Needs to do Annual Reporting • ALL Decision-makers who are required to submit NOI • Any Decision-maker NOT required to submit an NOI, but that discharges to WUS containing Resources of Concern • Any Small Entity that discharges to WUS containing Resources of Concern 20
  • 21. NOI Form Operator Info  Operator Type − i.e. Local, State, Fed, etc • EIN Pest Management Area  Location Pesticide Use Pattern Receiving Waters  Tier 3 or Impaired Waters Endangered Species Protection 21
  • 22. Annual Report Form General Info Adverse Incident & Corrective Actions  Describe Adverse Incident  Date & Time EPA Notified Pest Management Area(s)  Pesticide Use Pattern  Treatment Area  Application Method & Quantity Applied Certification 22
  • 23. Adverse Incident Report 24HR Adverse Incident Notification  Location of Incident • Mitigation When EPA Notified of Adverse Incident  Date  Time Rationale Why Adverse Incident Notification Not Required  Why not Caused by Pesticide Exposure Certification 23
  • 24. NPDES Program Authorizations (PGP) New Mexico (NM) Oklahoma (OK) OK AR NM Arkansas (AR) LA TX Louisiana (LA) Texas (TX) State NPDES Program Status Note: EPA Region 6 for Pesticides also permits activities on Indian Authorized (State permits) Country lands Unauthorized (EPA permits) within NM, TX, OK, AR & LA. 24
  • 25. Part 1: NPDES Pesticide PermittingNPDES Program Authorizations (PGP) WA VT ND ME AK MT MN NH OR ID SD WI NY MA WY MI RI IA PA CT NE OH NJ NV IL IN DE CA UT CO WV VAU.S. Territories KS MO MD KY American TN NC DC Samoa AZ OK AR SC NM Guam MS AL GA Johnston Atoll TX LA Midway/Wake HI FL Islands N. Mariana Islands State NPDES Program Status for Pesticides Puerto Rico Authorized (State permits) Virgin Islands Unauthorized (EPA permits) EPA also permits activities on Indian Authorized but excludes federal facilities Country lands (excl. ME).In certain instances, EPA may authorize a state to administer a portion of theNPDES program but not the entire program. 25
  • 26. Additional OK Requirements In accordance with Oklahoma WQS PGP is denied for NEW discharges to any waterbody designated as Scenic River, ORW, HQW, or SWS in OK WQS PGP is denied for NEW discharges to all waters of the state located within their watersheds Contact for those seeking coverage – ODAFF A copy of ODAFF determination shall be sent with NOI to EPA 26
  • 27. Additional OK Requirements New discharges to Tier 2 Areas are allowed in those circumstances where the discharger documents their eligibility and demonstrate how their new discharge will maintain or improve water quality to ODAFF for determination of eligibility New discharges or increased pollutant loading from existing discharges to any waterbody are allowed only under such conditions that ensure that the recreational and ecological significance of these waters will be maintained 27
  • 28. Part 1: NPDES Pesticide PermittingNPDES Fact Sheet Components NPDES regulations require many permits, including all general permits, to include a “fact sheet” What type of information is contained in a general permit fact sheet?  Principal facts and significant factual, legal, methodological, and policy questions considered in preparing the permit.  Brief description of types of activities covered.  Types of discharges covered.  Rationale for permit requirements, including calculations and analysis.  Brief summary of the basis for permit conditions. Complete list of contents available at 40 CFR 124.8 and 124.56. 28
  • 29. Part 1: NPDES Pesticide PermittingNPDES Permitting AuthorityAny State that seeks to administer the NPDES program must demonstrateadequacy to EPA in the following areas: Scope, structure, coverage and processes of the State program. Organization and structure of the State agency or agencies which will have responsibility for administering the program: (1) State agency staff who will carry out the State program. (2) Estimated costs of establishing and administering the program. (3) Sources and amounts of funding. Applicable State procedures, including permitting procedures and any State administrative or judicial review procedures; Copies of the permit form(s), application form(s), and reporting form(s) the State intends to employ in its program. Description of the States compliance tracking and enforcement program. 29
  • 30. Part 1: NPDES Pesticide PermittingAreas Where EPA is the NPDES PermittingAuthority for Pesticides All discharges, including from Federal facilities:  States: AK, ID, MA, NH, NM, and OK  Territories/Other: All, except VI Discharges from Federal facilities only:  CO, DE, VT, WA Discharges on Indian Country lands:  All, except in ME• Notes: • AK DEC recently authorized but program to be phased in for pesticides. • OK DEQ authorized but not to regulate pesticide activities. 30
  • 31. Part 1: NPDES Pesticide Permitting 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. Permits are written based on a permit writer’s best professional judgment.  Judgments may differ, so how each permit satisfies the CWA requirement may differ in some respects. EPA does maintain an oversight role.  If EPA determines that a specific state condition fails to satisfy a particular CWA requirement, EPA could object to that permit. No pesticide state permit has been objected to by EPA to date. NPDES authorized states should have permits issued and effective by October 31, 2011. Citizens have a right to challenge EPA and state NPDES permits. 31
  • 32. For more information on NPDESPesticide permitting:www.epa.gov/npdes/pesticidesAdministrative Record for permit available at:www.regulations.gov (docket ID: EPA-HQ-OW-2010-0257)Send any pesticide general permit related questions to:pgp@epa.gov 32
  • 33. Part 2: EPA’s Final PGPSummary of ESA Consultation Under ESA § 7(a)(2), EPA is required to consult with the FWS & NMFS (together the Services) to ensure that any federal action is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat. EPA issued NPDES permits, such as EPA’s PGP, are federal actions that must undergo consultation. Consultation may be informal and/or formal o Informal consultation can be used if EPA believes the action is not likely to adversely affect any listed species/critical habitat. o Formal consultation must be used if EPA determines the action is likely to adversely affect any listed species/critical habitat. Where the Services determine the action is likely to jeopardize listed species or critical habitat, the Services must provide a biological opinion (BiOp) which must include reasonable and prudent alternatives (RPA), if any. 33
  • 34. Pesticides Permit Decision ToolEPA has developed an interactive tool forpotential permittees to guide them step-by-stepthrough questions to help them: Determine if an NPDES permit will be needed for their pesticide application when the requirement for a permit takes effect; For those who determine they need a permit, determine if they are eligible for coverage under EPAs PGP; and If they are eligible for coverage under EPAs PGP, understand what their requirements will be under the PGP. 34
  • 35. Part 2: EPA’s Final PGPESA Consultation with NMFS EPA Received NMFS’ Draft BiOp on June 17, 2011.  Draft BiOp concluded PGP likely to jeopardize continued existence of endangered & threatened species.  NMFS offered Reasonable and Prudent Alternative with 3 elements to ensure PGP does not jeopardize continued existence of listed species and critical habitat. EPA sought public comment for 30 days on the Reasonable and Prudent Alternative (RPA) in NMFS’ draft BiOp. On October 14, 2011 NMFS provided EPA with the Final BiOp. The final permit reflects the revisions to the April, 2011, draft final permit as a result of consultation and in order to ensure the protection of endangered & threatened species and their critical habitat. 35
  • 36. Part 2: EPA’s Final PGPESA Consultation with FWS EPA continues to be in consultation with FWS. EPA will modify this permit should the Agency find that the consultation demonstrates that different permit limits or additional conditions to protect listed resources are warranted. Any such modifications would require public notice and an opportunity for comment. 36
  • 37. Part 2: EPA’s Final PGPContents  Eligibility (Part 1)  Scope  Notice of Intent (NOI)  Effluent Limits  Technology-Based (Part 2)  Water Quality-Based (Part 3)  Monitoring (Part 4)  Pesticide Discharge Management Plan (Part 5)  Corrective Action (Part 6)  Recordkeeping and Reporting (Part 7)  CWA Section 401 Certifications (Part 9)  Forms (Appxs D-H) 37
  • 38. Part 2: EPA’s Final PGPScope The PGP covers pesticides authorized for use under FIFRA, and generally includes pesticide applications covered by the 2006 Rule. The PGP covers the following pesticide use patterns (with discharges to waters of the U.S.):  Mosquitoes and Other Flying Insect Pests  Weed and Algae  Animal Pests  Forest Canopy Pest 38
  • 39. Part 2: EPA’s Final PGPEligibility - Scope Who is an Operator?  The PGP defines “operator” as any entity associated with an application of a pesticide which results in a discharge to waters of the U.S.  Operators are entities that meet either or both of the following two criteria: (1) Are a “Decision-maker” who has control over the decision to perform pesticide applications. (2) Are an “Applicator” who has day-to day control of or performs activities that are necessary to ensure compliance with the permit. 39
  • 40. Part 2: EPA’s Final PGPEligibility – Notice of Intent (NOI) Who Has to File an NOI?  The vast majority of Operators covered under the permit will be covered automatically without having to notify EPA and will only be required to notify EPA in the event of an adverse incident resulting from the pesticide application. Certain Decision-makers who perform more significant pesticide applications will be required to submit an NOI to obtain authorization to discharge:  Any Agency for which pest management for land resource stewardship is an integral part of the organizations 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 developed an electronic NOI system (eNOI) to make it easy for permittees to request permit coverage. In general, Applicators will be covered under the permit automatically without the need to submit an NOI. Note: If an applicator is a decision-maker, they must submit NOIs. However, for-hire applicators who are not decision-makers do not need to submit NOIs. 40
  • 41. Part 2: EPA’s Final PGPThresholds for Decision-makers required to submit NOIMosquito and Other treat > 6,400 acres/calendar year*Flying Insect Pest Control,Forest Canopy Pest Control:Weed and Algae Pest Control, treat > 20 linear miles OR 80 acresAnimal Pest Control:• Note: For mosquito control, larvaciding activities not included in the total.• Refer to the definition of Annual Treatment Area Threshold in Appendix A of the permit to determine how to calculate annual treatment areas. 41
  • 42. Part 2: EPA’s Final PGPDecision-makers required to submit NOI as a result of discharges toWaters 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 less than 2% of the total number of Operators under this permit who will need to meet additional ESA requirements. Decision-makers must meet at least one of the criteria (B-F) in Part 1.1.2.4 of the Permit to be eligible.  B & C – existing Section 7 consultation or Section 10 permit  D – declared pest emergency situations  E – prior written correspondence from NMFS  F – demonstration that pesticide activities are not likely to adversely affect NMFS Listed Resources of Concern Note – Appendix I outlines procedures to determine under which criteria a Decision-maker may qualify. 42
  • 43. Part 2: EPA’s Final PGP Timing of NOI Filing All Operators with eligible discharges are authorized for permit coverage through Jan 12, 2012 without submission of an NOI. After Jan 12, 2012, All Operators with eligible discharges for which an NOI is not required are also automatically covered under this permit. After Jan 12, 2012, All Decision-makers with eligible discharges for which an NOI is required are required to submit an NOI consistent with the earliest due date identified in Table 1-2 of the permit. 43
  • 44. Part 2: EPA’s Final PGP Timing of NOI Filings Operator Type NOI Submission DeadlineAny Decision-maker with any discharge to Waters of At least 30 days before any dischargethe United States containing NMFS ListedResources of Concern, except for those dischargesin response to a Declared Pest EmergencySituation.Any Decision-maker with a discharge in response to At least 30 days after beginning discharge.a Declared Pest Emergency for which that activitytriggers the NOI requirement identified in Part 1.2.2,except for any discharges to Waters of the UnitedStates containing NMFS Listed Resources ofConcern.Any Decision-maker with any discharge to Waters of Within 15 days after beginning to dischargethe United States containing NMFS ListedResources of Concern, in response to a DeclaredPest Emergency Situation.Any Decision-maker that exceeds any annual At least 10 days before exceeding an annualtreatment area threshold. treatment area threshold.Any Decision-maker otherwise required to submit an At least 10 days before any discharge for which anNOI as identified in Table 1-1 (i.e, Tier 3 waters) NOI is required. 44
  • 45. Timing of NOI FilingsExample date of discharge Deadline to submit NOIOctober 31, 2011-January 12, 2012 None, no NOI required.January 13, 2012 January 3, 2012 (10 days prior to discharge) for most applications; or December 14, 2011 (30 days prior to discharge) for areas that overlap with NMFS Listed Resources of ConcernAny date from January - 10 days prior to discharge for most13, 2012 and after applications -30 days prior to discharge for areas that overlap with NMFS Listed Resources of Concern -Emergency Discharges – submit NOI on Feb 13, 2012 (after 30 days) or Jan 28, 2012 (after15 days if to waters containing NMFS Listed resources of Conern)From December 1-15, 2011, and None needed for discharge in December. Submit by March 2,then again from March 12-30, 2012 2012 (or Feb 12 to areas with NMFS Listed resources) for discharge that begins March 12. 45
  • 46. Part 2: EPA’s Final PGPElectronic NOI Submission (eNOI) Decision-makers must file an eNOI unless requesting a waiver because the use of eNOI would incur undue burden or expense (will need to provide reason in paper NOI). eNOI will be available by end of November 2011. Website will include guidance on how to use eNOI system. 46
  • 47. Part 2: EPA’s Final PGPEffluent Limits – Technology-Based Effluent Limits(TBELs) All Operators must minimize discharges by (part 2.0):  Using only the amount of pesticide and frequency of application necessary to control the target pest Applicators must (Part 2.1):  Maintain pesticide application equipment in proper operational condition  Asses weather conditions Certain Decision-makers (i.e., Federal and state agencies, other entities with responsibility to control pests, and other entities that apply pesticides in excess of specified annual treatment area thresholds) must implement pest management measures based on IPM principles (Part 2.2.1 – 2.2.4):  Identify/assess pest problem  Assess pest management alternatives  Follow appropriate procedures for pesticide use 47
  • 48. Part 2: EPA’s Final PGPEffluent Limits – Water Quality-Based EffluentLimits (WQBELs) The permit includes a narrative WQBEL, “Your discharge must be controlled as necessary to meet applicable numeric and narrative state, territorial, or tribal water quality standards (WQS).” 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. EPA permits require 401 certification from states, where some states added requirements to ensure consistency with State WQS. During the life of the permit, EPA may determine, after reviewing new information, that additional control measures are warranted. 48
  • 49. Part 2: EPA’s Final PGPMonitoring Applicator Responsibility (part 4.1):  Must conduct “visual monitoring” to detect observable adverse incidents that may be related to the pesticide discharge. All Operators (Part 4.2)  If any post-application surveillance, must conduct “visual monitoring” to detect observable adverse incidents that may be related to the pesticide discharge. 49
  • 50. Part 2: EPA’s Final PGPPesticide Discharge Management Plan (PDMP) Any Decision-maker who is required to develop an NOI and is a Large Entity (public: serves >10,000; private: exceeds SBA standard) is required to develop a PDMP (Part 5.0). Not required if Decision-maker is submitting an NOI solely for;  Discharges in response to a Declared Pest Emergency Situation; or  Discharges to Waters of the US containing NMFS Listed Resources of Concern PDMP documents how discharges will be minimized and effluent limitations will be met Decision-makers must develop the PDMP by the time the NOI is filed. Permittee may choose to reference other documents, such as a pre- existing IPM plan or spill prevention and response plan, in the PDMP rather than recreating the same text in the PDMP. 50
  • 51. Part 2: EPA’s Final PGPPesticide Discharge Management Plan (PDMP) Content of the PDMP includes  pesticide discharge management team information,  problem identification,  Pest management options evaluation,  Response Procedures:  Spill Response Procedures  Adverse Incident Response Procedures  Documentation to support eligibility considerations under other federal laws Decision-makers must keep a copy of the current PDMP at the address provided on the NOI. PDMP must be kept up-to-date for duration of permit coverage. 51
  • 52. Part 2: EPA’s Final PGPCorrective Action The permit specifies situations that require Operators to review and revise their pest management measures. For example:  An unauthorized release or discharge occurs  Existing pest management measures don’t meet applicable WQS 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. 52
  • 53. Part 2: EPA’s Final PGPCorrective Action Adverse Incident Documentation and Reporting  If an operator becomes aware of an adverse incident which may have resulted from your discharge, this triggers: notification and reporting, and as necessary, corrective action.  Notify EPA Regional contact by telephone within 24 hours or as soon as possible of your discovery of the incident.  Provide a more detailed written report within 30 days of your discovery. 53
  • 54. Part 2: EPA’s Final PGPRecordkeeping 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 For- Hire Applicators:  Documentation of equipment calibration  Information of each treatment area Decision-maker who are required to submit an NOI and who is a Small Entity:  Submit and retain a copy of the NOI  Pesticide Discharge Evaluation Worksheet  Documentation of equipment calibration if also an Applicator 54
  • 55. Part 2: EPA’s Final PGPRecordkeeping and Reporting Decision-maker who are required to submit an NOI and who is a Large Entity;  Submit and retain copy of the NOI  Copy of PDMP  Submit and retain copies of Annual Reports  Documentation of equipment calibration if also an Applicator Any Decision-maker who submits an NOI solely for discharges to WOUS containing NMFS Listed Resources of Concern  Submit and retain copy of the NOI  Submit and retain copies of Annual Reports 55
  • 56. Part 2: EPA’s Final PGPCWA §401 Certification CWA 401 Certification, requires all states, territories, and tribes (with TAS designation) to certify permit is consistent with applicable water quality requirements. Part 9.0 of the Final PGP includes additional requirements resulting from the 401 certification process with those states, territories, and tribes. States are not required to perform similar 401 certification process to issue their permits. 56
  • 57. Part 2: EPA’s Final PGPCWA §401 Certification STATES:  OK  TRIBES:  No Indian Country lands within the State of Oklahoma require additional restrictions 57
  • 58. Part 2: EPA’s Final PGPForms Notice of Intent Notice of Termination Pesticide Discharge Evaluation Worksheet Annual Reporting Template Adverse Incident Reporting Template 58
  • 59. Part 2: EPA’s Final PGPForms – Notice of Intent The NOI should identify the responsible entity and provide the following basic information:  Contact information: address, phone, email  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) The decision-maker would be required to submit updated information to perform operations different than those identified in the NOI. 59
  • 60. Part 2: EPA’s Final PGPForms – Notice of Termination  To terminate coverage, a Decision-maker who is required to submit an NOI, must submit an NOT.  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. 60
  • 61. Part 2: EPA’s Final PGPForms – Pesticide Discharge Evaluation Worksheet Required for any Decision- maker required to submit an NOI and who is a small entity. Must retain at the address provided on the NOI. Report includes:  Decision-maker and applicator information  NPDES permit tracking number(s)  Operator’s mailing address  Contact person name, title, email address, and phone number  For each use pattern:  EPA registration number(s) and use pattern(s) for each product used,  All counties where applied  Quantity applied to waters of the United States  Locations and names of waters to which pesticides are applied. 61
  • 62. Part 2: EPA’s Final PGPForms – Annual Report Template Required for:  1) Any Decision-maker required to submit an NOI and who is a large entity  2) Any Decision-maker with discharges to WOUS containing NMFS Listed Resources of Concern and who is a small entity. Report includes:  Decision-maker and applicator information  NPDES permit tracking number(s)  Operator’s mailing address  Contact person name, title, email address, and phone number  For each use pattern:  EPA registration number(s) and use pattern(s) for each product used,  All counties where applied  Quantity applied to waters of the United States  Locations and names of waters to which pesticides are applied. Annual Report to be submitted to EPA no later than February 15 of the following year 62
  • 63. Part 2: EPA’s Final PGPForms – Adverse Incident Template 30-day Adverse Incident Report Includes Operator name/telephone number/mailing address; date/location of adverse incident; description of the adverse incident identified including EPA registration number of product used and description of steps taken or will take to contain any adverse effects. 63
  • 64. Part 2: EPA’s Final PGPPesticides Permit Decision ToolEPA has developed aninteractive tool for potentialpermittees to guide them step-by-step through questions tohelp them: Determine if an NPDES permit will be needed for their pesticide application when the requirement for a permit takes effect; For those who determine they need a permit, determine if they are eligible for coverage under EPAs PGP; and If they are eligible for coverage under EPAs PGP, understand what their requirements will be under the PGP. 64
  • 65. For more information on NPDESPesticide permitting:www.epa.gov/npdes/pesticidesAdministrative Record for permit available at:www.regulations.gov (docket ID: EPA-HQ-OW-2010-0257) 65
  • 66. Questions 66
  • 67. For more information: www.epa.gov/npdes/pesticides Contacts: Jenelle Hill (hill.jenelle@epa.gov) 214-665-9737 Scott Stine (stine.scott@epa.gov) 214-665-7182 Jack Faulk (faulk.jack@epa.gov) Allison Wiedeman (wiedeman.allison@epa.gov) 67