Attachment_3-Final_PGP_Idaho_Jan_2013.pdf

United States Environmental Protection Agency 2011 NPDES Pesticides General Permit

United States Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES)

PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES

FROM THE APPLICATION OF PESTICIDES

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 United States Code [U.S.C.] 1251 et seq.), any Operator of a point source discharge of pollutants (i.e., discharge) resulting from the application of pesticides and eligible for permit coverage under Part 1.1 and located in an area identified in Appendix C where this permit is available is authorized to discharge to Waters of the United States in accordance with the requirements of this permit. This permit is structured as follows:

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

− State- and tribal-specific permit conditions that apply to all Operators in those specific State or Indian Country Lands are found in Part 9;

− Definitions of terms used in the permit and standard permit conditions that apply to all Operators are found in Appendices A and B, respectively; and

− Permit forms, worksheets, and templates are found in Appendices D through G.

This permit becomes effective on October 31, 2011.

This permit and the authorization to discharge expire at midnight, October 31, 2016.

Provide the signature and date below:

Curt Spalding, Regional Administrator EPA Region 1

Ariel Iglesias, Deputy Director, Division of Environmental Planning and Protection EPA Region 2

Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division EPA Region 2

Jon M. Capacasa, Director, Water Division EPA Region 3

Gail Mitchell, Acting Division Director, Water Protection Division EPA Region 4

Tinka G. Hyde, Director, Water Division EPA Region 5

William K. Honker, Acting Director, Water Quality Protection Division EPA Region 6

Karen A. Flournoy, Acting Director, Water, Wetlands and Pesticides Division EPA Region 7

Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships and Regulatory Assistance EPA Region 8

Alexis Strauss, Director, Water Division EPA Region 9

Michael A. Bussell, Director, Office of Water and Watersheds EPA Region 10

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Contents

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

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

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

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

1.4 Severability ................................................................................................................ 1-11

1.5 Other Federal and State Laws .................................................................................... 1-11

1.6 Federally Listed Endangered and Threatened Species and Designated Critical

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7.3 Recordkeeping for Any Decision-maker Who is or Will be Required to Submit an NOI and Who is a Small Entity .............................................................................. 7-2

7.4 Recordkeeping for Any Decision-maker Who is or Will be Required to Submit an NOI and Who is a Large Entity .............................................................................. 7-3

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

7.6 Annual Reporting for Any Decision-maker Who is or Will be Required to Submit an NOI and Who is a Large Entity .............................................................................. 7-4

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

United States containing NMFS Listed Resources of Concern, as defined in Appendix A, and Who is a Small Entity ..................................................................... 7-5

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

8.1 EPA Headquarters Addresses ...................................................................................... 8-1

8.2 EPA Regional Addresses ............................................................................................. 8-2

9.0 Permit Conditions Applicable to Specific States (including Territories) and Indian Country Lands .................................................................................................9-1

Attachment 3 iii

Appendices

Appendix A. Definitions, Abbreviations, and Acronyms .................................................... A-1 Appendix B. Standard Permit Conditions ........................................................................... B-1 Appendix C. Areas Covered (and NPDES Permit Numbers) .............................................. C-1 Appendix D. Notice of Intent Form ...................................................................................... D-1 Appendix E. Notice of Termination Form ............................................................................ E-1 Appendix F. Pesticide Discharge Evaluation Worksheet .................................................. F-1 Appendix G. Annual Report Template ................................................................................. G-1 Appendix H. Adverse Incident Template ............................................................................. H-1 Appendix I. Endangered Species Procedures .................................................................... I-1 iv

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1.0 Coverage under This Permit

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

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

For the purpose of this permit, “Operator” is defined in Appendix A to mean any entity associated with the application of pesticides which results in a discharge to Waters of the United States that meets either of the following two criteria: (1) any entity who performs the application of a pesticide or who has day-to-day control of the application (i.e., they are authorized to direct workers to carry out those activities); or (2) any entity with control over the decision to perform pesticide applications including the ability to modify those decisions. Operators identified in (1) above are referred to in this permit as Applicators while Operators identified in (2) are referred to in this permit as Decision-makers. As defined, more than one Operator may be responsible for complying with this permit for any single discharge from the application of pesticides.

For purposes of this permit, all Operators are defined as either an Applicator or a Decision-maker or both an Applicator and a Decision-maker.

When an Operator is both an Applicator and a Decision-maker, the Operator must comply with all applicable requirements imposed on both Applicators and Decision-makers. When the permit references all “Operators,” both Applicators and Decision-makers must comply.

1.1 Eligibility

1.1.1 Activities Covered

This permit is available to Operators who discharge to Waters of the United States from the application of (1) biological pesticides or (2) chemical pesticides that leave a residue (collectively called pesticides), when the pesticide application is for one of the following pesticide use patterns:

a. Mosquito and Other Flying Insect Pest Control—to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes and black flies.

b. Weed and Algae Pest Control—to control weeds, algae, and pathogens that are pests in water and at water’s edge, including ditches and/or canals.

c. Animal Pest Control—to control animal pests in water and at water’s edge. Animal pests in this use category include fish, lampreys, insects, mollusks, and pathogens.

d. Forest Canopy Pest Control—application of a pesticide to a forest canopy to control the population of a pest species (e.g., insect or pathogen) where, to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water.

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1.1.2 Limitations on Coverage

1.1.2.1 Discharges to Water Quality Impaired Waters

Operators are not eligible for coverage under this permit for any discharges from a pesticide application to Waters of the United States if the water is identified as impaired by a substance which either is an active ingredient in that pesticide or is a degradate of such an active ingredient. For purposes of this permit, impaired waters are those that have been identified by a state, tribe, or EPA pursuant to section 303(d) of the CWA as not meeting applicable state or tribal water quality standards. Impaired waters, for the purposes of this permit, consist of both waters with EPA-approved or EPA-established total maximum daily loads (TMDLs) and waters for which EPA has not yet approved or established a TMDL. A list of those waters is available at www.epa.gov/OWOW/tmdl/.

If a discharge from a pesticide application would not be eligible under this permit because the water is listed as impaired for that specific pesticide, but there is evidence that shows the water is no longer impaired, Operators may submit this information to EPA consistent with Table 1-2 in Part 1.2.3, and request that coverage be allowed under this permit.

1.1.2.2 Discharges to Waters Designated as Tier 3 for Antidegradation Purposes Except for discharges from pesticide applications made to restore or maintain water quality or to protect public health or the environment that either do not degrade water quality or only degrade water quality on a short-term or temporary basis, Operators are not eligible for coverage under this permit for discharges to Waters of the United States if the water is designated by a state or tribe as Tier 3 (Outstanding National Resource Waters) for antidegradation purposes under Title 40 of the Code of Federal Regulations (CFR) 131.12(a)(3). A list of Tier 3 waters in geographic areas covered under this permit is available on EPA’s website at www.epa.gov/npdes/pesticides.

1.1.2.3 Discharges Currently or Previously Covered by another Permit Discharges are not eligible for coverage under this permit if any of the following circumstances apply:

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

b. The discharge was included in a permit that in the past 5 years has been or is in the process of being denied, terminated, or revoked by EPA (this does not apply to the routine reissuance of permits every 5 years).

1.1.2.4 Endangered and Threatened Species and Critical Habitat Protection

Coverage under this permit is available only for discharges and discharge-related activities that are not likely to adversely affect species that are federally-listed as endangered or threatened ("listed") under the Endangered Species Act (ESA) or habitat that is federally-designated as critical under the ESA ("critical habitat"), except as provided in Criterion B, C, and, for 60 days, D, below. As one of the provision in this permit that help limit adverse effects to these resources, the six criteria (A-F) below relate to the impacts a prospective discharger's activities may have on a subset of these listed species and critical habitat.

Specifically, the conditions below relate to potential impacts on NMFS Listed Resource of Concern, as defined in Appendix A. These are resources that have been identified through

Attachment 3 Solicitation No.: AG-0261-S-16-0064 http://www.epa.gov/OWOW/tmdl/ http://www.epa.gov/npdes/pesticides

1-3 consultation with NMFS as having potential vulnerability that warrants the additional protections entailed in compliance with A-F. Other provisions that protect listed species more broadly include Section 1.6, which requires compliance with any conditions resulting from an ESA Section 7 consultation or ESA Section 10 permit, and the waiting period between NOI submittal and authorization to discharge, which provides an opportunity for NMFS and the U.S. Fish and Wildlife Service, EPA, and members of the public to identify any potential impacts on listed species and for EPA to notify the permittee if further conditions or an individual permit are necessary.

A step-by-step guide for determining eligibility with these conditions relating to the protection of NMFS Listed Resources of Concern, as defined in Appendix A, is provided in Appendix I of the permit. To demonstrate eligibility, Decision-makers must meet one or more of the following six criteria (A-F) for the entire term of coverage under the permit:

Criterion A. Pesticide application activities will not result in a point source discharge to one or more Waters of the United States containing National Marine Fisheries Service (NMFS) Listed Resources of Concern, as defined in Appendix A, for this permit.

Criterion B. Pesticide application activities for which permit coverage is being requested will discharge to one or more receiving Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, but consultation with NMFS under section 7 of the ESA has been concluded for pesticide application activities covered under this permit. Consultations can be either formal or informal, and would have occurred only as a result of a separate federal action. The consultation addressed the effects of pesticide discharges and discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and must have resulted in either:

i. A biological opinion from NMFS finding no jeopardy to federally-listed species and no destruction/adverse modification of federally-designated critical habitat; or

ii. Written concurrence from NMFS with a finding that the pesticide discharges and discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat.

Criterion C. Pesticide application activities for which permit coverage is being requested will discharge to one or more Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, but all “take” of these resources associated with such pesticide application activities has been authorized through NMFS’ issuance of a permit under section 10 of the ESA, and such authorization addresses the effects of the pesticide discharges and discharge-related activities on federally-listed species and federally-designated critical habitat. (The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. See Section 3 of the Endangered Species Act, 16 U.S.C. § 1532(19).)

Criterion D. Pesticide application activities were, or will be, discharged to one or more Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, but only in response to a Declared Pest Emergency Situation. Decision-makers must provide EPA with their rationale supporting the determination whether the discharge is likely to adversely affect NMFS Listed Resources of Concern, including the description of appropriate measures to be undertaken to avoid or eliminate the likelihood of adverse effects.

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Criterion E. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A. Eligible discharges include those where the Decision-maker includes in the NOI written correspondence from NMFS that pesticide application activities performed consistent with appropriate measures will avoid or eliminate the likelihood of adverse effects to Listed Resources of Concern. Eligibility under this criterion is contingent upon the Decision-maker following the measures described in correspondence from NMFS designed to avoid or eliminate the likelihood of adverse effects.

Criterion F. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A. Eligible discharges include those from pesticide application activities that are demonstrated by the Decision-maker as not likely to adversely affect NMFS Listed Resources of Concern or that the pest poses a greater threat to the NMFS Listed Resources of Concern than does the discharge of the pesticide.

Decision-makers must provide EPA with their documentation demonstrating the basis for their finding.

1.2 Authorization to Discharge under This Permit

1.2.1 How to Obtain Authorization

The following discharges, consistent with the permit eligibility provisions in Part 1.1, are automatically authorized by this permit beginning October 31, 2011.

- Eligible discharges made prior to the NOI submission deadline. See Table 1-2 in Part 1.2.3;

- Eligible discharges that result from the application of a pesticide as part of pesticide research and development, as defined in Appendix A;

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

1.2.2 and 1.2.3.

To obtain authorization under this permit for all other eligible discharges, a Decision-maker must submit a timely, complete, and accurate NOI consistent with the requirements of Parts 1.2.2 and 1.2.3.

1.2.2 Decision-makers Required to Submit an NOI

Any “Decision-maker who is or will be required to submit an NOI” as defined in Appendix A, is identified in Table 1-1.

For calculating annual treatment area totals for purposes of determining if an NOI must be submitted, see the definition for “annual treatment area threshold” in Appendix A of the permit.

An NOI provides notice to EPA that a Decision-maker intends to discharge to Waters of the United States from pesticide application activities eligible for coverage under this permit. Information required is provided on the NOI form included in Appendix D. The

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NOI must identify the pest management area where the Decision-maker will conduct activities resulting in discharges to Waters of the United States to be covered under this permit. If the activities will result in discharges to any Tier 3 water, eligible under Part 1.1.2.2, the NOI must specifically identify the Tier 3 water by the name listed at www.epa.gov/npdes/pesticides.

If required to submit an NOI, a Decision-maker must submit the NOI once, in accordance with the deadlines in Part 1.2.3, Table 1-2. The Decision-maker must submit an updated NOI if the criteria in Part 1.2.3, Table 1-3 are met. The Decision-maker must prepare and submit the NOI using EPA’s electronic Notice of Intent system (eNOI) available on EPA’s website (www.epa.gov/npdes/pesticides/eNOI) unless eNOI is otherwise unavailable or the Decision-maker has obtained a waiver from the requirement to use eNOI for submission of the NOI. Decision-makers waived from the requirement to use eNOI for NOI submission must certify on the paper NOI submitted to EPA that use of eNOI will incur undue burden or expense compared to using the paper Notice of Intent form and then provide a basis for this determination. EPA will immediately post on that website all NOIs received. Late NOIs will be accepted, but authorization to discharge will not be retroactive.

Coverage will be available for the duration of the permit for Decision-makers who file an NOI, including the Decision-makers’ employees, contractors, subcontractors, and other agents, for all activities identified on the NOI unless coverage is terminated pursuant to Parts 1.2.5 or 1.3. If a submitted NOI is not timely, accurate, or complete, any employee, contractor, subcontractor or other entity that discharges without the required NOI is not covered by this permit.

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

1.2.3 Discharge Authorization Date

Except for discharges identified in Tables 1-1 through 1-3, any Operator with eligible discharges is automatically authorized to discharge under this permit without submission of an NOI. Decision-makers with eligible discharges identified in Tables 1-1 through 1-3 are authorized under this permit consistent with the requirements in those tables.

On the basis of a review of an NOI or other information, EPA may delay authorization to discharge beyond any timeframe identified in Table 1-2, determine that additional technology-based and/or water quality-based effluent limitations or other conditions are necessary, or deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.3.

All Operators with eligible discharges are authorized for permit coverage through January 12, 2012 without submission of an NOI. After January 12, 2012, all Operators with eligible discharges for which an NOI is not required also are automatically covered under this permit. After January 12, 2012, all Decision-makers with eligible discharges for which an NOI is required are required to submit an NOI consistent with the earliest applicable due date identified in Table 1-2. Decision-makers may submit multiple NOIs with different activities on each of those NOIs such that discharges from different activities are authorized at different times.

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Decision-makers who are required to submit an NOI, but are discharging between October 31, 2011 and January 12, 2012, must begin complying with Part 2.2 requirements as of October 31. 2011.

Table 1-1. Decision-makers Required to Submit NOIs PGP Part/ Pesticide Use Which Decision-makers Must Submit NOIs? For Which Pesticide Application

Activities?

All four use patterns identified in Part 1.1.1

Any Decision-maker with an eligible discharge to a Tier 3 water (Outstanding National Resource Water) consistent with Part 1.1.2.2

Activities resulting in a discharge to a Tier 3 water

All four use patterns identified in Part 1.1.1

Any Decision-maker with an eligible discharge to Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A

Activities resulting in a discharge to Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A

1.1.1(a) - Mosquito and Other Flying Insect Pest Control

Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations.

All mosquito and other flying insect pest control activities resulting in a discharge to Waters of the United States.

Mosquito control districts, or similar pest control districts

All mosquito and other flying insect pest control activities resulting in a discharge Waters of the United States.

Local governments or other entities that exceed the annual treatment area threshold identified here

Adulticide treatment if more than 6,400 acres during a calendar year

1.1.1(b) - Weed and Algae Pest Control

Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations.

All weed and algae pest control activities resulting in a discharge to Waters of the United States.

Irrigation and weed control districts, or similar pest control districts

All weed and algae pest control activities resulting in a discharge to Waters of the United States.

Local governments or other entities that exceed the annual treatment area threshold identified here

Treatment during a calendar year if more than either:

20 linear miles

OR

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

1.1.1(c) - Animal Pest Control

Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations.

All animal pest control activities resulting in a discharge to Waters of the United States.

Local governments or other entities that exceed the annual treatment area threshold identified here

Treatment during a calendar year if more than either:

20 linear miles

OR

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

1.1.1.(d) - Forest Canopy Pest Control

Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations.

All forest canopy pest control activities resulting in a discharge to Waters of the United States.

Local governments or other entities that exceed the annual treatment area threshold identified here

Treatment if more than 6,400 acres during a calendar year

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Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the Application of Pesticides1

After January 12, 2012, any eligible discharge for which an NOI is required must submit an NOI consistent with the earliest due date identified below. If EPA receives an NOI on or before January 2, 2012 (or on or before December 12, 2011, for discharges to Waters of the United States containing NMFS Listed Resources of Concern), uninterrupted coverage continues2. NOI due dates for any discharges occurring on or after January 12, 2012 are as follows:

Operator Type NOI Submission Deadline Discharge Authorization Date 2 Any Decision-maker with any discharge to Waters of the United States containing NMFS Listed Resources of Concern, except for those discharges in response to a Declared Pest Emergency Situation, as defined in Appendix A.

At least 30 days before any discharge to Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A.5

No earlier than 30 days after EPA posts on the Internet a receipt of a complete and accurate NOI.

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Any Decision-maker with a discharge in response to a Declared Pest Emergency for which that activity triggers the NOI requirement identified in Part 1.2.2, except for any discharges to Waters of the United States containing NMFS Listed Resources of Concern.

At least 30 days after beginning discharge.

Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation.

Any Decision-maker with any discharge to Waters of the United States containing NMFS Listed Resources of Concern, in response to a Declared Pest Emergency Situation, as defined in Appendix A.

Within 15 days after beginning to discharge in response to a Declared Pest Emergency Situation.

Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation for a period of at least 60 days. 4

Any Decision-maker that exceeds any annual treatment area threshold.

At least 10 days before exceeding an annual treatment area threshold.

No earlier than 10 days after EPA posts on the Internet receipt of a complete and accurate NOI.

Any Decision-maker otherwise required to submit an NOI as identified in Table 1-1.

At least 10 days before any discharge for which an NOI is required.

No earlier than 10 days after EPA posts on the Internet receipt of a complete and accurate NOI.

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

2 On the basis of a review of an NOI or other information, EPA may delay authorization to discharge beyond any timeframe identified in Table 1-2, determine that additional technology-based and/or water quality-based effluent limitations or other conditions are necessary, or deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.3.

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

Resources of Concern, as defined in Appendix A, NMFS will provide EPA with a determination as to whether it believes the eligibility criterion of “not likely to adversely affect listed species or designated critical habitat” has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’s determination in deciding whether to withhold authorization. If NMFS does not provide EPA with this information within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, the discharges will be authorized 30 days after EPA posts on the Internet receipt of a complete

NOI.

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

Concern, NMFS will have 30 days after submission of an NOI to provide EPA with a determination as to whether it believes the eligibility criteria of “not likely to adversely affect listed species or designated critical habitat” has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’s determination in deciding whether to disallow continued permit coverage or if additional conditions are necessary. If NMFS does not provide EPA with a recommendation within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, authorization for these discharges will continue. If EPA identifies additional permit conditions or prohibitions, or includes additional permit conditions or prohibitions recommended by NMFS, as necessary to qualify discharges for particular Operators as eligible for coverage beyond 60 days under the PGP, those conditions remain in effect for the life of the permit.

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

Criterion B, C, or E of Part 1.1.2.4 (for which NMFS has already evaluated the effects of these discharges).

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Table 1-3. NOI Change of Information Submittal Deadlines and Discharge Authorization Dates

Operator Type NOI Submission Deadline Discharge Authorization Date

Any Decision-maker requiring permit coverage for a pest management area not identified on a previously submitted NOI for this permit, except for discharges to any;

(1) Tier 3 water or

(2) Waters of the United States containing NMFS Listed Resources of Concern.

Except for such waters, changes other than identification of a new pest management area or a new pesticide use pattern do not require a revised NOI submittal.

At least 10 days before beginning to discharge in that newly identified area unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 30 days after beginning discharge.

No earlier than 10 days after EPA posts on the Internet the receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.

Any Decision-maker discharging to a Tier3 water not identified by name on a previously submitted NOI for this permit, except for Tier 3 waters containing NMFS Listed Resources of Concern

At least 10 days before beginning to discharge in that newly identified Tier-3 water unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 30 days after beginning discharge.

No earlier than 10 days after EPA posts on the Internet receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.

Any Decision-maker with any discharge to Waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, not identified on a previously submitted NOI for this permit. This includes changes in any treatment area, pesticide product, method or rate of application, or approximate dates of applications.

At least 30 days before beginning to discharge in that newly identified water containing NMFS Listed Resources of Concern unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 15 days after beginning discharge.

No earlier than 30 days after EPA posts on the Internet receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.

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1.2.4 Continuation of This Permit

If this permit is not reissued or replaced before the expiration date, it will be administratively continued in accordance with 40 CFR 122.6 and remain in force and effect. If an Operator was authorized to discharge under this permit before the expiration date, any discharges authorized under this permit will automatically remain covered by this permit until the earliest of the following:

a. A Decision-maker is authorized for coverage under a reissued permit or a replacement of this permit, following the timely and appropriate submittal of a complete NOI requesting authorization to discharge under the new permit and in compliance with the requirements of the NOI;

b. A Decision-maker submits a Notice of Termination and that notice is processed and posted on the Internet consistent with Part 1.2.5.1;

c. An NPDES individual permit for a discharge resulting from application of a pesticide that would otherwise be covered under this permit is issued or denied;

d. EPA issues a formal permit decision not to reissue this general permit, at which time EPA will identify a reasonable period for covered dischargers to seek coverage under an alternative NPDES general permit or an NPDES individual permit. Coverage under this permit will cease when coverage under another permit is granted/authorized; or

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

1.2.5 Terminating Coverage

1.2.5.1 Submitting a Notice of Termination. To terminate permit coverage, a Decision-maker who is required to submit an NOI as identified in Part 1.2.2, must submit a complete and accurate Notice of Termination. Information required to be included in a Notice of Termination is provided in Appendix E. Decision-makers required to submit a Notice of Termination must prepare and submit that information using EPA’s electronic eNOI system (www.epa.gov/npdes/eNOI) unless eNOI is otherwise unavailable or EPA waives the electronic submission requirement for an Operator consistent with the requirements identified on the Notice of Termination form in Appendix E. The authorization to discharge under this permit terminates at 11:59 p.m. of the day that a complete Notice of Termination is processed and posted on EPA’s website (www.epa.gov/npdes). If a Decision-maker submits a Notice of Termination without meeting one or more of the conditions identified in Part 1.2.5.2, the Notice of Termination is not valid. Decision-makers are responsible for complying with the terms of this permit until authorization is terminated. If required to submit annual reports pursuant to Part 7 prior to the termination of authorization under this permit, Decision-makers must file an annual report for the portion of the year up through the date of termination. The annual report is due no later than February 15 of the following year.

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1.2.5.2 When to Submit a Notice of Termination. A Decision-maker who is required to submit an NOI as identified in Part 1.2.2 must submit a Notice of Termination within 30 days after one or more of the following conditions have been met:

a. A new Decision-maker has taken over responsibility of the pest control activities covered under an existing NOI;

b. The Decision-maker has ceased all discharges from the application of pesticides for which permit coverage was obtained and does not expect to discharge during the remainder of the permit term for any of the use patterns as identified in Part 1.1.1; or

c. The Decision-maker has obtained coverage under an NPDES individual permit or an alternative NPDES general permit for all discharges required to be covered by an NPDES permit, unless coverage was obtained consistent with Part 1.3, in which case coverage under this permit will terminate automatically.

1.2.5.3 Termination for Operators not Required to Submit an NOI. Operators covered under this permit, who are not required to submit an NOI, are terminated from permit coverage when there is no longer a discharge from the application of pesticides or the discharges are covered under an NPDES individual permit or alternative NPDES general permit.

1.3 Alternative Permits

1.3.1 Requirements for Coverage under an Alternative Permit

In accordance with 40 CFR 122.64 and 124.5, EPA may require Operators to apply for and/or obtain authorization to discharge under either an NPDES individual permit or an alternative NPDES general permit.

If EPA requires an Operator to apply for an NPDES individual permit, EPA will notify the Operator in writing that a permit application is required. Such a notification will include a brief statement of the reasons for the decision and will provide application information. In addition, for Operators whose discharges are authorized under this permit, any notice will set a deadline to file the permit application and will include a statement that on the effective date of the NPDES individual permit, coverage under this general permit will terminate. EPA may grant additional time to submit the application if an Operator submits a request setting forth reasonable grounds for additional time. If covered under this permit and the Operator fails to submit an NPDES individual permit application as required by EPA, the applicability of this permit to such Operator is terminated at the end of the day specified by EPA as the deadline for application submittal. EPA may take enforcement action for any unpermitted discharge or violation of any permit requirement.

1.3.2 Operator Requesting Coverage under an Alternative Permit If an Operator does not want to be covered by this general permit but needs permit coverage, the Operator can apply for an NPDES individual permit. In such a case, the Operator must submit an individual permit application in accordance with the requirements of 40 CFR 122.26(c)(1)(ii), with reasons supporting the request, to EPA at the applicable EPA Regional Office listed in Part 8 of this permit. The request may be

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1-11 granted by issuance of an NPDES individual permit or authorization of coverage under an alternative NPDES general permit.

When an individual NPDES permit is issued, or the Operator is authorized under an alternative NPDES general permit to discharge a pollutant to Waters of the United States as a result of a pesticide application, authorization to discharge under this permit is terminated on the effective date of the NPDES individual permit or the date of authorization of coverage under the alternative NPDES general permit.

1.4 Severability

Invalidation of a portion of this permit does not render the whole permit invalid. EPA’s intent is that the permit will remain in effect to the extent possible; if any part of this permit is invalidated, the remaining parts of the permit will remain in effect unless EPA issues a written statement otherwise.

1.5 Other Federal and State Laws

Operators must comply with all other applicable federal and state laws and regulations that pertain to the application of pesticides. For example, this permit does not negate the requirements under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and its implementing regulations to use registered pesticides consistent with the product’s labeling. In fact, applications in violation of certain FIFRA requirements could also be a violation of the permit and therefore a violation of the CWA (e.g. exceeding label application rates). Additionally, other laws and regulations might apply to certain activities that are also covered under this permit (e.g., United States Coast Guard regulations).

1.6 Federally Listed Endangered and Threatened Species and

Designated Critical Habitat Operators must comply with all conditions and/or requirements that address discharges from activities also covered under this permit resulting from any of the following pre-existing situations:

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

b. ESA Section 10 permit issued to the Operator by FWS and/or NMFS.

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2.0 Technology-Based Effluent Limitations

This Part includes technology-based effluent limitations applicable to all Operators, as defined in Appendix A, for any discharges authorized under this permit, with compliance required upon beginning such discharge. All Operators are classified as either “Applicators” or “Decision-makers,” as defined in Appendix A, or both. Applicators must perform the tasks identified in Part 2.1 – Applicators’ Responsibilities. Decision-makers must perform the tasks identified in Part 2.2 – Decision-makers’ Responsibilities.

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

If an Operator’s discharge of pollutants results from the application of pesticide that is being used solely for the purpose of “pesticide research and development,” as defined in Appendix A, the Operator must use such pesticide consistent with any applicable research plan and experimental use permit.

As stated in Part 1.5, this permit requires all Operators to comply with all other applicable federal or state laws and regulations that pertain to application of pesticides by the Operator.

2.1 Applicators’ Responsibilities – To meet the effluent limitations of this permit, all Applicators must implement Part 2.1 to minimize the discharge of pesticides to Waters of the United States from the application of pesticides, through the use of Pest Management Measures, as defined in Appendix A.

2.1.1 To the extent not determined by the Decision-maker, use only the amount of pesticide and frequency of pesticide application necessary to control the target pest, using equipment and application procedures appropriate for this task.

2.1.2 Maintain pesticide application equipment in proper operating condition, including requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or other unintended discharges.

2.1.3 Assess weather conditions (e.g. temperature, precipitation and wind speed) in the treatment area to ensure application is consistent with all applicable federal requirements.

2.2 Decision-makers’ Responsibilities: For All Decision-makers To meet the effluent limitations in Part 2.2, all Decision-makers must minimize the discharge of pesticides to Waters of the United States from the application of pesticides, through the use of Pest Management Measures, as defined in Appendix A.

To the extent the Decision-maker determines the amount of pesticide or frequency of pesticide application, the Decision-maker must use only the amount of pesticide and frequency of pesticide application necessary to control the target pest.

Decision-Maker’s Responsibilities: For Any Decision-maker Who is or Will be Required to Submit an NOI To meet the effluent limitations of this permit, prior to pesticide application, any Decision-maker is or will be required to submit an NOI as required in Part 1.2.2, except

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2-2 those Decision-makers that will need to submit an NOI only because they discharge to Waters of the United States containing NMFS Listed Resources of Concern and that also comply with provisions in Part 1.6, must also implement Parts 2.2.1 - 2.2.4 to minimize the discharge of pesticides to Waters of the United States from the application of pesticides, through the use of Pest Management Measures, as defined in Appendix A.

2.2.1 Mosquito and Other Flying Insect Pest Control

This part applies to discharges from the application of pesticides for mosquito and other flying insect pest control as defined in Part 1.1.1.

a. Identify the Problem. Prior to the first pesticide application covered under this permit that will result in a discharge to Waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, Decision-maker who is or will be required to submit an NOI must do the following for each pest management area, as defined in Appendix A:

1. Establish densities for larval and adult mosquito or flying insect pest populations or identify environmental condition(s), either current or based on historical data, to serve as action threshold(s) for implementing Pest Management Measures;

2. Identify target pest(s) to develop Pest Management Measures based on developmental and behavioral considerations for each pest;

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

4. Analyze existing surveillance data to identify new or unidentified sources of mosquito or flying insect pest problems as well as sites that have recurring pest problems; and

5. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate to meet the permit conditions in Part 2.2.1.a.

b. Pest Management Options. Prior to the first pesticide application covered under this permit that will result in a discharge to Waters of the United States and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, any Decision-maker who is or will be required to submit an NOI must select and implement efficient and effective means of Pest Management Measures that minimize discharges resulting from the application of pesticides to control mosquitoes or other flying insect pests. In developing the Pest Management Measures for each pest management area, the Decision-maker must evaluate the following management options, including a combination of these management options, considering impact to water quality, impact to non-target organisms, feasibility, and cost effectiveness:

1. No action

2. Prevention

3. Mechanical or physical methods

4. Cultural methods

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5. Biological control agents

6. Pesticides

c. Pesticide Use. If a pesticide is selected to manage mosquitoes or flying insect pests, and application of the pesticide will result in a discharge to Waters of the United States, any Decision-maker who is or will be required to submit an NOI must:

1. Conduct larval and/or adult surveillance in an area that is representative of the pest problem or evaluate existing larval surveillance data, environmental conditions, or data from adjacent areas prior to each pesticide application to assess the pest management area and to determine when the action threshold(s) is met;

2. Reduce the impact on the environment and on non-target organisms by applying the pesticide only when the action threshold(s) has been met;

3. In situations or locations where practicable and feasible for efficacious control, use larvicides as a preferred pesticide for mosquito or flying insect pest control when the larval action threshold(s) has been met; and

4. In situations or locations where larvicide use is not practicable or feasible for efficacious control, use adulticides for mosquito or flying insect pest control when the adult action threshold(s) has been met.

2.2.2 Weed and Algae Pest Control

This part applies to discharges from the…