National Pollutant Discharge Elimination System (NPDES) Permitting and Pesticides

1. National Pollutant Discharge Elimination System (NPDES)Permitting and Pesticides Jeff Fischer Permits Section Water Resources Division fischerj1@michigan.gov; (517) 335-4188 southernsportsmanaquaticsandland.com plants.ifas.ufl.edu/node/191

2. Coverage under General Permit • Operator: Any entity associated with the application of pesticides which results in a discharge to Waters of the State that meet the following criteria: • any entity who performs the application of a pesticide or who has day-to-day control of the application (i.e. are authorize to direct workers to carry out those activities); or • Any entity with control over the decision to perform pesticide applications including the ability to modify those decisions. NOTE: Operators identified in 1) above are referred to as Applicators while Operators identified in 2) above are referred to as Permittees.

3. Who has to Apply? • Permittees required to submit an Application • Certain Permittees who perform more significant pesticide applicationswill be required to submit an application. • State and Federal Agencies for which pest management and land stewardship is an integral part of the organization’s operations • other entities with specific responsibility to control pests (e.g. mosquito and weed control districts) • Entities that apply in excess of annual treatment area thresholds • In general, except for those entities identified above any Operator with eligible discharges is automatically authorized to discharge and is not required to apply for and obtain coverage under a general permit.

4. EPA Treatment Threshold Revisions • Annual Treatment Area Thresholds • Mosquito & Forest Canopy pest control • annual threshold to = or >6,400 acres/year • Adulticiding only, No annual threshold for larviciding • Plant/Algae and Animal • = or >20 linear miles or 80 acres • Revised Treatment Area Calculation • Mosquitoes & Forest Canopy = total treatment area, multiple treatments to same area are additive over the calendar year. • 3000 acres 3x in year = 9000 acres toward annual threshold • Weeds and Animals = treatment area, count multiple treatments to same area just once for area (linear distance) treated – not additive • 5 acres 5x in year = 5 acres toward annual threshold

5. Large or Small Entity? Large Entities: • Government agencies that serve a population >10,000 • Private entities based on Small Business Association (SBA) Standards. (Below standard is small entity) • Based on annual revenue or # of employees • SBA standards website: http://www.sba.gov/content/table-small-business-size-standards • Permit requirements for Large Entities: • Pest Management Measures • Pesticide Discharge Management Plan (PDMP) • Record Keeping & Annual Report • Maintain detailed records Small Entities: • Same as large except: complete a Pesticide Discharge Evaluation Worksheet (PDEW) for each application in lieu of more comprehensive PDMP. • Reduced Record Keeping requirements • NO Annual Report

6. Summary of Permit Requirements • All Operators (Permittees and Applicators) • Minimize discharges by using only the amount of pesticide and frequency of application necessary to control target pest. • Monitor for and report 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 • Not required to submit application for coverage if not also a Permittee

7. Summary of Permit Changes • Technology-Based Effluent Limitations Applicators: • Re-worded “Optimal amount…” to “only amount and frequency necessary” Permittees: • Now require identification of target pest rather than species • Eliminated requirement to consider pest-resistance • Water Quality-Based Effluent Limitations • Generally the same – narrative standard • Pest Management Measures • Revised Terminology – replaces IPM • Generally the same • Pesticide Discharge Management Plan (PDMP) • Declared pest emergency – no PDMP • Otherwise, generally the same • Corrective Action • Clarified that, for adverse incidents, only one operator needs to notify the Department provided reports are shared with other operators. • Adverse incident reports now due in 30 days rather than 5 days www.thefullwiki.org/Pesticide

8. Summary of Permit Requirements • Record Keeping • Operators no longer require retention of paper copy of PGP • Removed record keeping requirement for equipment maintenance, cleaning, and repair. • Still requires some operators to document calibration activities. • Permittees who implement Pest Management Measures must keep documentation of visual monitoring. • Modified format, requirements separated by type of Operator • Still allow use of other documents/procedures for compliance • Reduced requirements for Applicators and Small Entities • Annual Report • Large entities only • Generally the same

9. Permit Application and Forms • General Permit Application • NPDES application format • Create new pesticides Section (VII) • Layout – category specific • Allow information from other applications • Guidance/Instructions in application appendix • Utilize forms from existing programs • e.g. ANC Treatment Report Form(s) = Annual Report • Modify so will comply with both NPDES and state program requirements. • Form Submittal • Initially standard mail • E-mail submittal – under development • All forms/documents/etc. will be available on-line on the pesticide control website.

10. Application Requirements • Application submittal deadlines • Statute provides Deparment 180 days from receipt of complete application • Department will make every effort to issue COCs within 30 days of receipt of a complete application • Permittee must consider timing of applications when applying for coverage to ensure will have authorization in time. • Reissuances - statute requires applications be received no less than 180 days before expiration of the applicable General Permit • February permit expiration = apply by previous September • Application amendments • Required if propose to treat areas other than described in application • Government agencies – if propose to treat outside applicable jurisdictional boundaries

11. Additional Items • PDMP completion deadline • Permittees required to submit an application: • prior to the first pesticide application covered under the general permit • Permittees who will be required to submit an application when it is determined they will exceed the applicable annual treatment area threshold • Prior to exceeding the annual treatment area threshold • Endangered Species Considerations • Utilize process already in place for ANC application review • If observe E/T species, encourage responsible entity to fill out MNFI special species form – Part II.C.7

12. Next Steps • Permit Issuance • Will occur this week – effective February 1, 2012 • Application Development • Working to have forms and guidance available by the effective date of permit • Other forms • Supporting Documents (PDMP/Annual Report/etc.) • Complete prior to application training workshop • Application Training Workshop • February 24th, Lansing Community College West Campus • Overview of permit and application requirements

13. Application Training REGISTRATION • Cost: $75 - Includes workshop materials and refreshments • For workshop details and on-line registration, go to: www.michigan.gov/dnreworkshops and select “DEQ Workshops” – “Upcoming Workshops” • Other Registration Information: Contact the Environmental Assistance Center at 800-662-9278

14. Questions?