National Pollutant Discharge National Pollutant Discharge Elimination System (NPDES)Elimination System (NPDES)

Permitting and PesticidesPermitting and Pesticides

Jeff FischerJeff FischerPermits SectionPermits Section

Water Resources DivisionWater Resources Divisionfischerj1@michigan.gov; (517) 335-4188fischerj1@michigan.gov; (517) 335-4188

southernsportsmanaquaticsandland.com plants.ifas.ufl.edu/node/191

Coverage under General Permit Coverage under General Permit OperatorOperator:: Any entity associated with the application of Any entity associated with the application of

pesticides which results in a discharge to Waters of the pesticides which results in a discharge to Waters of the State that meet the following criteria:State that meet the following criteria:

1)1) any entity who performs the application of a pesticide or who has 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 day-to-day control of the application (i.e. are authorize to direct workers to carry out those activities); or workers to carry out those activities); or

2)2) Any entity with control over the decision to perform pesticide Any entity with control over the decision to perform pesticide applications including the ability to modify those decisions.applications including the ability to modify those decisions.

NOTE:NOTE: Operators identified in 1) above are referred to as Operators identified in 1) above are referred to as ApplicatorsApplicators while Operators identified in 2) above are while Operators identified in 2) above are referred to as referred to as PermitteesPermittees..

Who has to Apply?Who has to Apply?

Permittees Permittees required to submit an Applicationrequired to submit an Application Certain Certain Permittees Permittees who perform more significant pesticide who perform more significant pesticide

applicationsapplications will be required to submit an application.will be required to submit an application. State and Federal Agencies for which pest management and land State and Federal Agencies for which pest management and land

stewardship is an integral part of the organization’s operationsstewardship is an integral part of the organization’s operations other entities with specific responsibility to control pests (e.g. other entities with specific responsibility to control pests (e.g.

mosquito and weed control districts)mosquito and weed control districts) Entities that apply in excess of annual treatment area thresholdsEntities that apply in excess of annual treatment area thresholds

In general, except for those entities identified above any Operator In general, except for those entities identified above any Operator with eligible discharges is automatically authorized to discharge with eligible discharges is automatically authorized to discharge and is not required to apply for and obtain coverage under a and is not required to apply for and obtain coverage under a general permit.general permit.

EPA Treatment Threshold RevisionsEPA Treatment Threshold Revisions

Annual Treatment Area ThresholdsAnnual Treatment Area Thresholds Mosquito & Forest Canopy pest controlMosquito & Forest Canopy pest control

annual threshold to = or >6,400 acres/yearannual threshold to = or >6,400 acres/year Adulticiding only, No annual threshold for larviciding, No annual threshold for larviciding

Plant/Algae and AnimalPlant/Algae and Animal = or >20 linear miles or 80 acres= or >20 linear miles or 80 acres

Revised Treatment Area CalculationRevised Treatment Area Calculation Mosquitoes & Forest Canopy = total treatment area, multiple Mosquitoes & Forest Canopy = total treatment area, multiple

treatments to same area are additive over the calendar yeartreatments 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 Weeds and Animals = treatment area, count multiple treatments to same area just once for area (linear distance) treated – not additivesame area just once for area (linear distance) treated – not additive

5 acres 5x in year = 5 acres toward annual threshold

Large or Small Entity?Large or Small Entity?Large EntitiesLarge Entities:: Government agencies that serve a population >10,000Government agencies that serve a population >10,000 Private entities based on Small Business Association (SBA) Private entities based on Small Business Association (SBA)

Standards. 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:Permit requirements for Large Entities:

Pest Management MeasuresPest Management Measures Pesticide Discharge Management Plan (PDMP)Pesticide Discharge Management Plan (PDMP) Record Keeping & Annual ReportRecord Keeping & Annual Report Maintain detailed recordsMaintain detailed records

Small Entities:Small Entities: Same as large except: complete a Pesticide Discharge Evaluation Worksheet Same as large except: complete a Pesticide Discharge Evaluation Worksheet

(PDEW) for each application in lieu of more comprehensive PDMP.(PDEW) for each application in lieu of more comprehensive PDMP. Reduced Record Keeping requirementsReduced Record Keeping requirements NO Annual Report NO Annual Report

Summary of Permit RequirementsSummary of Permit Requirements

All Operators (Permittees and Applicators)All Operators (Permittees and Applicators) Minimize discharges by using only the amount of pesticide and Minimize discharges by using only the amount of pesticide and

frequency of application necessary to control target pest.frequency of application necessary to control target pest. Monitor for and report any Adverse IncidentsMonitor for and report any Adverse Incidents Control Discharges to meet applicable numeric and narrative state, Control Discharges to meet applicable numeric and narrative state,

territory, or tribal water quality standards.territory, or tribal water quality standards.

Applicators:Applicators: Maintain and calibrate equipment to prevent leaks and spillsMaintain and calibrate equipment to prevent leaks and spills Apply pesticides during favorable weather conditionsApply pesticides during favorable weather conditions Not required to submit application for coverage if not also a Not required to submit application for coverage if not also a

PermitteePermittee

Summary of Permit ChangesSummary of Permit Changes Technology-Based Effluent LimitationsTechnology-Based Effluent Limitations

Applicators: Re-worded “Optimal amount…” to “only amount and frequency necessary”Re-worded “Optimal amount…” to “only amount and frequency necessary”Permittees: Now require identification of target pest rather than speciesNow require identification of target pest rather than species Eliminated requirement to consider pest-resistanceEliminated requirement to consider pest-resistance

Water Quality-Based Effluent LimitationsWater Quality-Based Effluent Limitations Generally the same – narrative standardGenerally the same – narrative standard

Pest Management MeasuresPest Management Measures Revised Terminology – replaces IPMRevised Terminology – replaces IPM Generally the sameGenerally the same

Pesticide Discharge Management Plan (PDMP)Pesticide Discharge Management Plan (PDMP) Declared pest emergency – no PDMPDeclared pest emergency – no PDMP Otherwise, generally the sameOtherwise, generally the same

Corrective Action Corrective Action Clarified that, for adverse incidents, only one operator needs to notify the Clarified that, for adverse incidents, only one operator needs to notify the

Department provided reports are shared with other operators.Department provided reports are shared with other operators. Adverse incident reports now due in Adverse incident reports now due in 3030 days rather than days rather than 5 5 daysdays

www.thefullwiki.org/Pesticide

Summary of Permit RequirementsSummary of Permit Requirements

Record Keeping Record Keeping Operators no longer require retention of paper copy of PGPOperators no longer require retention of paper copy of PGP Removed record keeping requirement for equipment Removed record keeping requirement for equipment

maintenance, cleaning, and repair.maintenance, cleaning, and repair. Still requires some operators to document calibration activities.Still requires some operators to document calibration activities. Permittees who implement Pest Management Measures must Permittees who implement Pest Management Measures must

keep documentation of visual monitoring. keep documentation of visual monitoring. Modified format, requirements separated by type of OperatorModified format, requirements separated by type of Operator Still allow use of other documents/procedures for complianceStill allow use of other documents/procedures for compliance Reduced requirements for Applicators and Small EntitiesReduced requirements for Applicators and Small Entities

Annual Report Annual Report Large entities onlyLarge entities only Generally the sameGenerally the same

Permit Application and FormsPermit Application and Forms

General Permit ApplicationGeneral Permit Application NPDES application formatNPDES application format

Create new pesticides Section (VII)Create new pesticides Section (VII) Layout – category specificLayout – category specific Allow information from other applicationsAllow information from other applications Guidance/Instructions in application appendixGuidance/Instructions in application appendix

Utilize forms from existing programsUtilize forms from existing programs e.g. ANC Treatment Report Form(s) = Annual Reporte.g. ANC Treatment Report Form(s) = Annual Report Modify so will comply with both NPDES and state Modify so will comply with both NPDES and state

program requirements.program requirements. Form SubmittalForm Submittal

Initially standard mailInitially standard mail E-mail submittal – under developmentE-mail submittal – under development All forms/documents/etc. will be available on-line on the All forms/documents/etc. will be available on-line on the

pesticide control website.pesticide control website.

Application RequirementsApplication Requirements

Application submittal deadlinesApplication submittal deadlines Statute provides Deparment 180 days from receipt of complete Statute provides Deparment 180 days from receipt of complete

applicationapplication 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 Reissuances - statute requires applications be received no less

than 180 days before expiration of the applicable General Permitthan 180 days before expiration of the applicable General Permit February permit expiration = apply by previous SeptemberFebruary permit expiration = apply by previous September

Application amendmentsApplication amendments Required if propose to treat areas other than described in Required if propose to treat areas other than described in

applicationapplication Government agencies – if propose to treat outside applicable Government agencies – if propose to treat outside applicable

jurisdictional boundariesjurisdictional boundaries

Additional ItemsAdditional Items PDMP completion deadlinePDMP completion deadline

Permittees required to submit an application:Permittees required to submit an application: prior to the first pesticide application covered under the prior to the first pesticide application covered under the

general permitgeneral permit Permittees who will be required to submit an application Permittees who will be required to submit an application

when it is determined they will exceed the applicable when it is determined they will exceed the applicable annual treatment area thresholdannual treatment area threshold

Prior to exceeding the annual treatment area thresholdPrior to exceeding the annual treatment area threshold

Endangered Species ConsiderationsEndangered Species Considerations Utilize process already in place for ANC application reviewUtilize process already in place for ANC application review If observe E/T species, encourage responsible entity to fill If observe E/T species, encourage responsible entity to fill

out MNFI special species form – Part II.C.7out MNFI special species form – Part II.C.7

Next StepsNext Steps Permit IssuancePermit Issuance

Will occur this week – effective February 1, 2012Will occur this week – effective February 1, 2012

Application DevelopmentApplication Development Working to have forms and guidance available by the effective Working to have forms and guidance available by the effective

date of permitdate of permit

Other formsOther forms Supporting Documents (PDMP/Annual Report/etc.)Supporting Documents (PDMP/Annual Report/etc.)

Complete prior to application training workshopComplete prior to application training workshop

Application Training WorkshopApplication Training Workshop February 24February 24thth, Lansing Community College West Campus, Lansing Community College West Campus Overview of permit and application requirementsOverview of permit and application requirements

Application TrainingApplication Training

REGISTRATIONREGISTRATION Cost: $75Cost: $75 - Includes workshop materials and - Includes workshop materials and

refreshmentsrefreshments For workshop details and on-line registration, go to: For workshop details and on-line registration, go to:

www.michigan.gov/dnreworkshopswww.michigan.gov/dnreworkshops

and select “DEQ Workshops” – “Upcoming Workshops”and select “DEQ Workshops” – “Upcoming Workshops” Other Registration Information:Other Registration Information: Contact the Contact the

Environmental Assistance Center at 800-662-9278Environmental Assistance Center at 800-662-9278

Questions?Questions?