National Pollutant Discharge Elimination System (NPDES)
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:
This permit becomes effective on October 31, 2026.
This permit and the authorization to discharge expire at 11:59 p.m. on October 30, 2031.
PRE-PUBLICATION NOTICE. All 10 U.S. Environmental Protection Agency Regions signed the following document on December 10, 2024, and EPA is submitting it for publication in the Federal Register (FR). This document is not disseminated for purposes of EPA's Information Quality Guidelines and does not represent an Agency determination or policy. While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's govinfo website (https://www.govinfo.gov/app/collection/fr). It will also appear on Regulations.gov (https://www.regulations.gov) in Docket No. EPA-HQ-OW-2023-0268. Once the official version of this document is published in the FR, this version will be removed from the internet and replaced with a link to the official version.
| 1.0 | Coverage Under This Permit .....................................................................................1-1 | |
|---|---|---|
| 1.1 | Eligibility ..................................................................................................................... | 1-1 |
| 1.2 | Authorization to Discharge Under This Permit ........................................................... | 1-7 |
| 1.3 | Alternative Permits .................................................................................................... | 1-13 |
| 1.4 | Severability ................................................................................................................ | 1-13 |
| 1.5 | Other Federal and State Laws.................................................................................... | 1-14 |
| 1.6 | Federally-Listed Endangered and Threatened Species and Designated Critical Habitat ....................................................................................................................... | 1-14 |
| 2 | Technology-Based Effluent Limitations ...................................................................2-1 | |
| 2.1 | Applicators' Responsibilities....................................................................................... | 2-1 |
| 2.2 | Decision-makers' Responsibilities: For All Decision-makers..................................... | 2-1 |
| 3 | Water Quality-Based Effluent Limitations and Other Limitations...........................3-1 | |
| 4 | Monitoring...................................................................................................................4-1 | |
| 4.1 | Visual Monitoring Requirements for Applicators ....................................................... | 4-1 |
| 4.2 | Visual Monitoring Requirements for all Operators ..................................................... | 4-1 |
| 4.3 | Documentation of Visual Monitoring.......................................................................... | 4-1 |
| 4.4 | Additional Monitoring ................................................................................................. | 4-1 |
| 5 | 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 | 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......................................................... | 6-1 |
| 6.5 | Reportable Spills and Leaks......................................................................................... | 6-4 |
| 6.6 | Other Corrective Action Documentation..................................................................... | 6-5 |
| 7 | Recordkeeping and Annual Reporting......................................................................7-1 | 7-2 |
| 7.1 | Recordkeeping for All Operators................................................................................. | |
| 7.2 | Recordkeeping for All Operators who are For-Hire Applicators ................................ | 7-2 |
| 7.4 | Recordkeeping for Any Decision-maker 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 Required to Submit an NOI and Who is a Large Entity .......................................................................................................... | |
| 7.7 | Annual Reporting for Any Decision-maker with Discharges to Waters of the United States and/or Discharge-related activities That May Expose FWS Listed | 7-4 |
| 7.8 | Resources of Concern or NMFS Listed Resources of Concern to Pollutants, and Who is a Small Entity.................................................................................................. Electronic Reporting Requirement | 7-5 .............................................................................. 7-7 |
| 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 Within Specific States (including Territories) and Indian Country.....................................................................................................9-1 | |
| 9.1 | EPA Region 1 .............................................................................................................. | 9-1 |
| 9.2 | EPA Region 2 .............................................................................................................. | 9-4 |
| 9.3 | EPA Region 3 .............................................................................................................. | 9-5 |
| 9.4 | EPA Region 4 .............................................................................................................. | 9-6 |
| 9.5 | EPA Region 5 .............................................................................................................. | 9-6 |
| .............................................................................................................. | ||
| 9.6 | EPA Region 6 | 9-8 |
| 9.8 | EPA Region 8 ............................................................................................................ | 9-39 |
| 9.9 | EPA Region 9 ............................................................................................................ | 9-40 |
| 9.10 | 9-42 | |
| EPA Region 10 .......................................................................................................... | ||
| Appendices Appendix | A. Definitions, Abbreviations, and | Acronyms....................................................A-1 |
| Appendix | B. Standard Permit Conditions | ...........................................................................B-1 |
| Appendix C. Areas Covered.................................................................................................C-1 Appendix D. Notice of Intent Form .....................................................................................D-1 | Appendix C. Areas Covered.................................................................................................C-1 Appendix D. Notice of Intent Form .....................................................................................D-1 | |
| Appendix E. Notice of Termination Form............................................................................E-1 | Appendix E. Notice of Termination Form............................................................................E-1 | |
| Appendix F. Pesticide Discharge Evaluation Worksheet................................................... | Appendix F. Pesticide Discharge Evaluation Worksheet................................................... | F-1 |
| Appendix G. Annual Report Template.................................................................................G-1 H. Adverse Incident Report Template.................................................................H-1 | Appendix G. Annual Report Template.................................................................................G-1 H. Adverse Incident Report Template.................................................................H-1 | |
| Appendix I. PGP Eligibility Worksheet for Threatened and Endangered Species | Appendix I. PGP Eligibility Worksheet for Threatened and Endangered Species | |
| Appendix Protection........................................................................................................... | Appendix Protection........................................................................................................... | I-1 |
This permit covers any Operator who meets the eligibility requirements identified in Part 1.1, requirements in Part 9 imposed by applicable states (including territories) or Tribes, and if so required, has submitted a Notice of Intent (NOI) in accordance with Part 1.2. Note: All Operators with discharges covered by this permit and discharge-related activities that overlap with U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) Listed Resources of Concern are required to submit an NOI. See Part 1.1.2.4, Table 1-1, and Appendix I for the information Decision-maker must submit with their NOI and for Endangered Species Act (ESA) eligibility criteria that must be met.
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 Decisionmakers. 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 Decisionmakers. When the permit references all 'Operators,' both Applicators and Decisionmakers must comply.
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:
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 https://www.epa.gov/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.
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 is available on EPA's website at https://www.epa.gov/npdes/pesticide-permitting.](https://www.epa.gov/npdes/pesticide-permitting)
Discharges are not eligible for coverage under this permit if any of the following circumstances apply:
Coverage under this permit is available only for discharges to waters of the United States and discharge-related activities that meet one of the ESA eligibility criteria (A through G)
identified below. EPA's geospatial mapping tool 1 at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures must be used to determine whether ESA-listed species and/or designated critical habitat (Listed Resources of Concern) may be exposed to pollutants in the Project Action Area(s) as a result of pesticide applications made to the pest management area(s). The tool will provide a resource list and map identifying whether, where, and which FWS Listed Resources of Concern and NMFS Listed Resources of Concern may be present in the Project Action Area.
Activities that meet one of the ESA eligibility criteria (A through G) are not likely to result in any short- or long-term adverse effects to 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 eligibility Criteria C, D, and, for 60 days, G. Under Criteria C and D, effects to listed species and critical habitat have already been addressed through a separate Section 10 permit, or Section 7(a)(2) consultation. Under Criterion G, effects to listed species and critical habitat have already been addressed through the coordination with the Services.
As one of the provisions in this permit that help limit adverse effects to these resources, the six eligibility criteria (A-G) relate to the impacts a prospective discharger's activities may have on listed species and critical habitat. Specifically, the conditions in the ESA eligibility criteria relate to potential impacts on Fish and Wildlife Service (FWS) Listed Resources of Concern as defined in Appendix A and National Marine Fisheries Service (NMFS) Listed Resources of Concern as defined in Appendix A. These are resources that have been identified through consultation with FWS and NMFS on the PGP as having potential exposure to pesticides from discharges and discharge-related activities that warrant the additional protections entailed in compliance with eligibility criteria A-G. Other provisions that protect listed species more broadly include Part 1.6, which requires compliance with any conditions resulting from an ESA Section 7 consultation or ESA Section 10 permit; Part 6.4.3, which requires notification for an adverse incident to threatened or endangered species or critical habitat; and the waiting period between NOI submittal and authorization to discharge, which provides an opportunity for the Services, EPA, and members of the public to identify any potential impacts on listed species and critical habitat, 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 FWS Listed Resources of Concern and NMFS Listed Resources of Concern is provided in Appendix I, PGP Eligibility Worksheet for Threatened and Endangered
1 If EPA's geospatial mapping tool is not available, Decision-makers must use IPaC for FWS resource lists and NMFS' mappers. Links to these tools are available at https://www.epa.gov/npdes/pesticide-permitting-esaprocedures. If a Decision-maker has a limitation regarding available computer access or computer capability, the Decision-maker may contact EPA or the Services for assistance. Contact information is available at: https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures.](https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures)
Species Protection. All Decision-makers are encouraged to use the ESA eligibility worksheet in Appendix I to identify the Project Action Area to be evaluated, document the evaluation, and, if an NOI is required, to help prepare their NOI (if a waiver is approved, to submit the worksheet with the paper NOI). The worksheet guides Decisionmakers through the determination of whether they meet one of the six eligibility criteria (A through G) identified below, and includes the following:
To be eligible for coverage under this permit, Decision-makers must meet one of the following six eligibility criteria (A-G) for the entire term of coverage under the permit and, if required to submit an NOI, are required to provide the supporting documentation with the NOI:
Criterion A. Pesticide application activities will not result in a point source discharge to one or more waters of the United States or involve discharge-related activities that may expose FWS Listed Resources of Concern and NMFS Listed Resources of Concern to pollutants. If this pesticide application is in response to a Declared Pest Emergency Situation, see Criterion G.
Supporting documentation required with the NOI (if otherwise required) to meet this Criterion - Decision-makers, using the EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures, must provide a map with geospatial data of the Project Action Area(s), including the pest management area(s), and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal that shows that there are no FWS Listed Resources of Concern and NMFS Listed Resources of Concern in the Project Action Area .
Criterion B. This Criterion intentionally left blank.
Criterion C. Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants, but all 'take' of these resources associated with such pesticide application activities has been authorized through FWS' and/or NMFS' issuance of a permit under Section 10 of the ESA, and such authorization
addresses the effects of the pesticide discharges to waters of the United States and discharge-related activities on federally-listed species and federally-designated critical habitat based on the list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal. (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).)
Supporting documentation required with the NOI to meet this Criterion Decision-makers are required to provide any tracking numbers or identifiers associated with the Section 10 permit, the date the Section 10 permit was granted, whether the permit was granted by FWS and/or NMFS, and the field office/regional office(s) granting the permit, the period of coverage provided by the permit, and a statement verifying that the Section 10 permit fully covers the proposed pesticide application activities in the Project Action Area. See Appendix D (NOI form) and Appendix I (worksheet) for the information required under Criterion C.
Criterion D. Pesticide application activities for which permit coverage is being requested will discharge to one or more receiving waters of the United States and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants, but consultation with FWS and/or 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 to waters of the United States and dischargerelated activities on federally-listed threatened or endangered species and federallydesignated critical habitat based on the list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal. The consultation must have resulted in either:
Supporting documentation required with the NOI to meet this Criterion Decision-makers are required to provide any tracking numbers of identifiers associated with the consultation (e.g., IPaC number, ECO number, ECOSphere codes), the Services field office/regional office(s) providing the consultation, any copies of supporting correspondence with FWS and/or NMFS, identification of the federal action agency(ies) involved, the date the consultation was completed, the period of coverage provided by the consultation, and a statement verifying that the consultation fully covers proposed pesticide application activities in the Project
Action Area. See Appendix D (NOI form) and Appendix I (worksheet) for the information required under Criterion D.
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 and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants. Such discharges eligible under Criterion E are those where the Decision-maker includes in the NOI written correspondence from FWS and/or NMFS that pesticide application activities performed consistent with appropriate measures will avoid or eliminate the likelihood of any shortor long-term adverse effects to FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern.
Supporting documentation required with the NOI to meet this Criterion Decision-makers are required to attach the written supporting correspondence from FWS and/or NMFS and a statement verifying that the coordination fully covers proposed pesticide application activities in the Project Action Area. Eligibility under this criterion is contingent upon the Decision-maker following the measures described in correspondence from FWS and/or NMFS designed to avoid or eliminate the likelihood of any short- or long-term adverse effects. See Appendix D (NOI form) and Appendix I (worksheet) for the information required under Criterion E.
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 and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants. Such discharges eligible under criterion F are those from pesticide application activities that are demonstrated by the Decision-maker as not likely to result in any short- or long-term adverse effects to each FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area.
Supporting documentation required with the NOI to meet this Criterion Decision-makers must provide with their documentation demonstrating the basis for their findings for each individual listed species and designated critical habitat identified in the Project Action Area. See Appendix D (NOI form) and Appendix I (worksheet) for the information required under Criterion F.
Criterion G. Pesticide application activities were, or will be, discharged to one or more waters of the United States in response to a Declared Pest Emergency Situation as defined in Appendix A of the PGP. Prior to any discharge to waters of the United States under Criterion G, Decision-makers must notify and begin to coordinate with FWS and NMFS. Notification shall occur and coordination shall begin as soon as possible after determining that pesticide application is required in response to a Declared Pest Emergency Situation. As part of any coordination, technical assistance or recommendations provided by the Services for avoiding any short- or long-term adverse effects during the emergency should be implemented as prescribed either before or after discharge has begun, as applicable) to be eligible for coverage under the permit. The Decision-makers must provide documentation of the coordination and written
confirmation from FWS and/or NMFS with the NOI. The Decision-maker must also provide EPA with their rationale supporting the determination whether the discharge is likely to result in any short- or long-term adverse effects to FWS Listed Resources of Concern and NMFS Listed Resources of Concern, including the description of appropriate measures that have or will be undertaken to avoid or eliminate the likelihood of any short- or long-term adverse effects.
Supporting documentation required with the NOI to meet this Criterion Decision-makers are required to provide information on anticipated applications and provide a rationale for each individual listed species or designated critical habitat as to why any short- or long-term adverse effects did not occur and are not expected, and a statement verifying the notification and coordination with FWS and NMFS. The notification must be in the form of an email to FWS and/or NMFS that identifies the appropriate FWS, NMFS and EPA contact(s) and includes a description of the action, a map with geospatial data of the Project Action Area, and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area or a list showing no FWS Listed Resources of Concern and NMFS Listed Resources of Concern occur in the Project Action Area. See Appendix D (NOI form) and Appendix I (worksheet) for the information required under Criterion G.
The following discharges, consistent with the permit eligibility provisions in Part 1.1, are automatically authorized by this permit beginning October 31, 2026.
To obtain authorization under this permit for all other eligible discharges, a Decisionmaker must submit a timely, complete, and accurate NOI consistent with the requirements of Parts 1.2.2 and 1.2.3.
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.
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. The NOI form included in Appendix D delineates the information required. The 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 https://www.epa.gov/npdes/pesticide-permitting.
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, including application of a pesticide as part of pesticide research and development, that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants (i.e., these Listed Resources of Concern overlap with the Project Action Area) | Activities resulting in a discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants (i.e., these Listed Resources of Concern overlap with the Project Action Area) |
| 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 |
| 1.1.1(a) - Mosquito and Other Flying Insect Pest Control | Mosquito control districts, or similar pest control districts | All mosquito and other flying insect pest control activities resulting in a discharge to waters of the United States |
| 1.1.1(a) - Mosquito and Other Flying Insect Pest Control | 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 |
| 1.1.1(b) - Weed and Algae Pest Control | 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 |
| 1.1.1(b) - Weed and Algae Pest Control | 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 |
| 1.1.1(c) - Animal Pest Control | 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 |
| 1.1.1.(d) - Forest Canopy Pest Control | 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 |
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 NPDES eReporting Tool (NeT) unless NeT is otherwise unavailable, or the Decision-maker has obtained a waiver from the requirement to use NeT for submission of the NOI. See Part 7.8 for detailed electronic reporting requirements. EPA will immediately post on the EPA's 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.
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 of this permit.
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. EPA may also require the Operator to undertake additional control measures to meet the limitations in Part 3.0, the ESA eligibility criteria in Part 1.1.2.4, or it may deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.3.
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.
Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the Application of Pesticides 1
| Operator Type | NOI Submission Deadline | Discharge Authorization Date 2 |
|---|---|---|
| Any Decision-maker with any discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, except for those discharges in response to a Declared Pest Emergency Situation. | At least 30 days before any discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern 5 to pollutants. | No earlier than 30 days after EPA posts on the Internet a receipt of a complete and accurate NOI. 3,5 |
| Any Decision-maker with a discharge in response to a Declared Pest Emergency Situation, except for any discharges to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. | No later than 30 days after beginning 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. Note: Decision-makers must notify and coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker with any discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, in response to a Declared Pest Emergency Situation. | No later than 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 Note: Decision-makers must notify and coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker who 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 including input from FWS or NMFS, 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 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.
5 EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under Criteria C, D, or E of Part 1.1.2.4 (for which FWS and/or NMFS has already evaluated the effects of these discharges).
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 that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. Except for such waters, changes other than identification of a new pest management area or a new pesticide use pattern do not require | 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker discharging to a Tier 3 water not identified by name on a previously submitted NOI for this permit, except for discharges to Tier 3 waters that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. | 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker with any discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, 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 that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
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:
1.2.5.1 Submitting a Notice of Termination (NOT) . To terminate permit coverage, a Decisionmaker 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 an NOT is provided in Appendix E of this permit. Decision-makers required to submit an NOT must prepare and submit that information using EPA's NPDES eReporting Tool (NeT) unless NeT is otherwise unavailable, or EPA waives the electronic submission requirement for an Operator consistent with the requirements in Part 7.8. The authorization to discharge under this permit terminates at 11:59 p.m. of the day that a complete NOT is processed and posted on EPA's website at https://www.epa.gov/npdes/pesticide-permitting. If a Decision-maker submits an NOT without meeting one or more of the conditions identified in Part 1.2.5.2, the NOT 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 th of the following year.
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. Permit coverage is discharges are covered under an NPDES individual permit or alternative NPDES general terminated for Operators covered under this permit who are not required to submit an NOI when there is no longer a discharge from the application of pesticides, or the 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 the Operator is covered under this permit and 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 condition or limitation.
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. The request may be 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.
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 indicating otherwise.
Operators must comply with all other applicable federal and state (including territorial) 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. Operators are advised of their monitoring obligations under FIFRA that, among other things, provide protections for water supplies. 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).
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:
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. Decisionmakers 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 Decisionmaker.
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.
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.
To meet the effluent limitations of this permit, all Decision-makers must implement Part 2.2 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.
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 who is or will be required to submit an NOI as required in Part 1.2.2, except those Decision-makers that will need to submit an NOI only because their discharge(s) to waters of the United States and/or discharge-related activities may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, 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.
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.
This part applies to discharges from the application of pesticides for control of weeds, algae, and pathogens as defined in Part 1.1.1.
implement efficient and effective means of Pest Management Measures that minimize discharges resulting from the application of pesticides to control 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:
This part applies to discharges from the application of pesticides for control of animal pests as defined in Part 1.1.1.
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 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:
This part applies to discharges from the application of pesticides for forest canopy pest control as defined in Part 1.1.1.
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 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:
This Part includes water quality-based effluent limitations and other limitations applicable to all Operators for any discharges authorized under this permit with compliance required upon beginning such discharge. Discharge of pesticides to water must not result in:
If at any time an Operator becomes aware ( e.g ., through self-monitoring or by notification from the state or Tribe), or EPA determines, that the Operator's discharge does not meet the limitations in this part of the permit, the Operator must take corrective action as required in Part 6 up to and including the ceasing of the discharge, if necessary.
During any pesticide application with discharges authorized under this permit, all Applicators must, when considerations for safety and feasibility allow, visually assess the area to and around where pesticides are applied for possible and observable adverse incidents as defined in Appendix A caused by application of pesticides, including the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use. Applicators must document visual monitoring as defined in Part 4.3. EPA may require additional monitoring as specified in Part 4.4.
During any Operator post-application surveillance of any pesticide application with discharges authorized under this permit, all Operators must visually assess the area to and around where pesticides were applied for possible and observable adverse incidents as defined in Appendix A caused by application of pesticides, including the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use. Operators must document visual monitoring as defined in Part 4.3. EPA may require additional monitoring as specified in Part 4.4.
If EPA determines that additional monitoring is appropriate to ensure compliance with Part 2 and/or Part 3 of the permit, EPA shall notify the Operator of additional monitoring requirements. Any such notice shall briefly state the reasons for the additional monitoring; locations and parameters to be monitored; frequency and period of additional monitoring; sample types; and reporting requirements.
Any Decision-maker who is or will be required to submit an NOI as required in Part 1.2.2 and is a large entity as defined in Appendix A must prepare a Pesticide Discharge Management Plan (PDMP) by the time the NOI is filed, with two exceptions (for which a PDMP is not required to be developed):
Decision-makers required to prepare a PDMP must submit the PDMP with their NOI. The PDMP does not contain effluent limitations; the effluent limitations and other limitations are specified in Parts 2 and 3. The PDMP documents how Decision-makers will implement the effluent limitations and other limitations specified in Parts 2 and 3, including the evaluation and selection of Pest Management Measures to meet those effluent limitations in order to minimize discharges. In the PDMP, Decision-makers may incorporate by reference any procedures or plans in other documents that meet the requirements of this permit. If Decision-makers rely upon other documents to comply with the effluent limitations and other limitations specified in this permit, such as a preexisting pest management plan, the Decision-maker must attach to the PDMP a copy of any portions of any documents that are used to document the implementation of the effluent limitations. A PDMP template is available here: https://www.epa.gov/npdes/pesticide-permitting.
The PDMP must include the following elements:
Decision-makers must identify all the persons (by name and contact information) that compose the team as well as each person's individual responsibilities, including:
Decision-makers must document the following:
Decision-makers must document the evaluation of the pest management options including combination of the pest management options to control the target pest(s). Pest management options include the following: no action, prevention, mechanical/physical methods, cultural methods, biological control agents, and pesticides. In the evaluation, Decision-makers must consider the impact to water quality, impact to non-target organisms, feasibility, cost effectiveness, and any relevant previous Pest Management Measures.
Decision-makers must document the following procedures in the PDMP:
Decision-makers must sign, date, and certify the PDMP in accordance with 40 CFR 122.41(k).
Decision-makers must modify the PDMP whenever necessary to address any of the triggering conditions for corrective action in Part 6.1, or when a change in pest control activities significantly changes the type or quantity of pollutants discharged. Changes to the PDMP must be made before the next pesticide application that results in a discharge, if practicable, or if not, no later than 90 days after any change in pesticide application activities. The revised PDMP must be signed and dated in accordance with 40 CFR 122.41(k). If modifications are made to the PDMP, an updated PDMP must be submitted to EPA within 15 business days.
Decision-makers required to prepare a PDMP must submit the PDMP with their NOI, along with all supporting maps and documents. Decision makers must also retain a copy of the PDMP and supporting documents and, upon request, must provide copies of these documents to a state, Tribal, or local agency governing discharges or pesticide applications within their respective jurisdictions, or representatives of the Services. The PDMP and supporting information will be available on EPA's website with the NOI. Any Confidential Business Information (CBI) as defined in 40 CFR Part 2 may be withheld from the public provided that a claim of confidentiality is properly asserted and documented in accordance with 40 CFR Part 2; however, CBI must be submitted to EPA if requested and may not be withheld from those staff within EPA, FWS, and NMFS cleared for CBI review.
All Operators must comply with the provisions of Part 6 for any discharges authorized under this permit, with compliance required upon beginning such discharge.
Operators must review and, as necessary, revise the evaluation and selection of Pest Management Measures consistent with Part 2.1 and 2.2 for the following situations:
If an Operator determines that changes to Pest Management Measures are necessary to eliminate any situation identified in Part 6.1, such changes must be made before or, if not practicable, as soon as possible after the next pesticide application that results in a discharge.
The occurrence of a situation identified in Part 6.1 may constitute a violation of the permit. Correcting any situation identified in Part 6.1 does not absolve Operators of liability for any original violation. However, failure to comply with Part 6.2 constitutes an additional permit violation.
EPA may impose additional requirements and schedules of compliance, including requirements to submit additional information concerning the condition(s) triggering corrective action or schedules and requirements more stringent than specified in this permit. Those requirements and schedules will supersede those of Part 6.1 and 6.2 if such requirements conflict.
Except as provided for in Part 6.4.4, if an Operator observes or is otherwise made aware of an adverse incident as defined in Appendix A that may have resulted from a discharge
from a pesticide application, the Operator must immediately notify the appropriate EPA Incident Reporting Contact as identified at https://www.epa.gov/npdes/pesticidepermitting. This notification must be made by telephone within 24 hours of the Operator becoming aware of the adverse incident and must include at least the following information, as applicable:
If an Operator is unable to notify EPA within 24 hours, the Operator must do so as soon as possible and also provide an appropriate rationale for why the Operator was unable to provide such notification within 24 hours.
The adverse incident notification and reporting requirements are in addition to what the registrant is required to submit under FIFRA Section 6(a)(2) and its implementing regulations at 40 CFR Part 159.
Reporting of adverse incidents is not required under this permit in the following situations:
Except as provided for in Part 6.4.4, within 30 days of a reportable adverse incident pursuant to Part 6.4.1.1 Operators must provide a written report of the adverse incident to the appropriate EPA Regional office at the address listed in Part 8 and the state lead agency for pesticide regulation (see http://npic.orst.edu/state1.htm), and if applicable, to the Tribal lead. The adverse incident report must include at least the following information:
Notwithstanding any of the other adverse incident notification requirements of this section, if an Operator becomes aware of an adverse incident affecting a federally-listed threatened or endangered species or its federally-designated critical habitat that may have resulted from a discharge from the Operator's pesticide application, Operator must immediately notify NMFS in the case of an anadromous or marine species, or FWS in the case of a terrestrial or freshwater species. This notification must be made by telephone to the contacts listed on EPA's website at https://www.epa.gov/npdes/pesticide-permitting immediately upon the Operator becoming aware of the adverse incident and must include at least the following information:
Additional information on federally-listed threatened or endangered species and federally-designated critical habitat is available from NMFS for anadromous or marine species or FWS for terrestrial or freshwater species, including at their websites, www.nmfs.noaa.gov and www.fws.gov. Note: In an adverse incident affecting federallylisted threatened or endangered species or designated critical habitat, the Operator should leave the affected organisms alone, make note of any circumstances likely causing the death or injury, note the location and number or extent of aquatic organisms involved and, if possible, take photographs. In some circumstances, the Operator may be asked to carry out instructions provided by the Services to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. For additional information, visit FWS' website at https://www.fws.gov/program/office-of-lawenforcement/contact-us, or NMFS website at https://www.fisheries.noaa.gov/topic/enforcement.
In the event the Operator observes an adverse incident related to any pests or non-target individuals of plants or animals found to be distressed, dead, or injured in an aquatic or terrestrial area where FWS Listed Resources of Concern or NMFS Listed Resources of Concern may occur, and these types of incidents were not foreseen and addressed on the NOI, the Operator must immediately notify NMFS and/or FWS for assistance. This notification must be made by telephone to the contacts listed on EPA's website at https://www.epa.gov/npdes/pesticide-permitting immediately upon the Operator becoming aware of the adverse incident.
Where multiple Operators are authorized for a discharge that results in an adverse incident, notification and reporting by any one of the Operators constitutes compliance for all of the Operators, provided a copy of the written report required in Part 6.4.2 is also provided to all of the other authorized Operators within 30 days of the reportable adverse incident.
Where a leak, spill, or other release into waters of the United States containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs in any 24-hour period, an Operator must notify the National Response Center immediately
at (800) 424-8802 or, in the Washington, D.C., metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302, as soon as the Operator has knowledge of the release. Contact information must be in locations that are readily accessible and available in the area where the spill, leak, or other unpermitted discharge may occur.
State or local requirements may necessitate also reporting spills or leaks to local emergency response, public health, or drinking water supply agencies.
the notification in Part 6.5.1 and results in an adverse incident, the Operator must report the incident per the guidelines in Part 6.4.1 and 6.4.2. If the spill, leak, or other unpermitted discharge triggers the notification in Part 6.5.1 but does not result in an adverse incident, the Operator must document and retain the following information within 30 days of becoming aware of the situation:
For situations identified in Part 6.1 other than for adverse incidents (addressed in Part 6.4) or reportable spills or leaks (addressed in Part 6.5), Operators must document the situation triggering corrective action and document planned corrective action within 30 days of becoming aware of that situation and retain a copy of this documentation. This documentation must include the following information:
The recordkeeping and annual reporting requirements vary depending on the type of Operator, whether a Decision-maker is a small or large entity, or whether a Decisionmaker is required to submit an NOI solely because the discharge overlaps with FWS Listed Resources of Concern or NMFS Listed Resources of Concern as defined in Appendix A. Table 7-1 references applicable requirements for the range of Operators covered under this permit.
Table 7-1: Applicable Recordkeeping and Annual Reporting Requirements for Different Types of Operators
| PGP Part | Applicable Type of Operator |
|---|---|
| 7.1 | Recordkeeping: All Operators |
| 7.2 | Recordkeeping: All Operators who are For-Hire Applicators as defined in Appendix A |
| 7.3 | Recordkeeping: Any Decision-maker required to submit an NOI and who is a small entity 1 |
| 7.4 | Recordkeeping: Any Decision-maker required to submit an NOI and who is a large entity 2 |
| 7.5 | Retention of Records: All Operators |
| 7.6 | Annual Reporting: Any Decision-maker required to submit an NOI and who is a large entity 2 |
| 7.7 | Annual Reporting: Any Decision-maker with discharges to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern as defined in Appendix A, and who is a small entity 1 to pollutants |
1 Small Entity - As defined in Appendix A, is any (1) public entity that serves a population of 10,000 or less or (2) private enterprise that does not exceed the Small Business Administration size standard as identified at 13 CFR 121.201.
2 Large Entity - As defined in Appendix A, is any (1) public entity that serves a population greater than 10,000 or (2) private enterprise that exceeds the Small Business Administration size standard as identified at 13 CFR 121.201.
Operators must keep written records as required in this permit for all discharges covered under this permit. These records must be accurate and complete to demonstrate the Operator's compliance with the conditions of this permit. Operators may rely on records and documents developed for other obligations such as requirements under FIFRA, and state or local pesticide programs provided that all requirements of this permit are satisfied.
EPA recommends that all Decision-makers who are or may be required to submit an NOI based on their annual treatment area keep records of acres or linear miles treated for all applicable use patterns covered under this general permit. The records should be kept upto-date to help Decision-makers determine if the annual treatment area threshold as identified in Part 1.2.2 is met during any calendar year.
All Operators must keep the following records:
Any Operator who is a For-Hire Applicator as defined in Appendix A must retain the following records:
Any Decision-maker required to submit an NOI who is defined as a small entity must retain the following records at the address provided on the NOI:
A worksheet for documenting this information on each treatment area is provided in Appendix F, Pesticide Discharge Evaluation Worksheet.
Any Decision-maker required to submit an NOI who is defined as a large entity must retain the following records at the address provided on the NOI:
All required records must be documented as soon as possible but no later than 14 days following completion of each pesticide application. Operators must retain any records required under this permit for at least 3 years after the Operator's coverage under this permit expires or is terminated. Operators must make available to EPA, including an authorized representative of EPA, all records kept under this permit, upon request, and provide copies of such records, upon request.
Any Decision-maker required to submit an NOI and is defined as a large entity in Appendix A must submit an annual report to EPA. Decision-makers required to submit an annual report must submit copies of monitoring records required elsewhere in the Permit with their annual report. Once a Decision-maker meets the obligation to submit an annual report, the Decision-maker must submit the annual report each calendar year thereafter for the duration of coverage under this general permit regardless of whether or not the Decision-maker has discharges from the application of pesticides in any subsequent calendar year. Decision-makers must submit the annual report electronically through EPA's NPDES eReporting Tool (NeT) unless NeT is otherwise unavailable, or the Decision-maker meets the waiver requirements for submitting a paper annual report. See Part 7.8. The annual report must be submitted no later than February 15 of the following year for all pesticide activities covered under this permit occurring during the previous calendar year. Annual reporting requirements begin with those activities occurring during the calendar year that Decision-makers are authorized to discharge.
Any Decision-maker required to submit an NOI based on an annual treatment area threshold must include information for the calendar year, with the first annual report required to include activities for the portion of the calendar year after the point at which the Decision-maker exceeded the annual treatment area threshold. If the Decision-maker first exceeds an annual treatment area threshold after December 1, an annual report is not required for that first partial year, but an annual report is required thereafter, with the first annual report submitted also including information from the first partial year.
When Decision-makers terminate permit coverage as specified in Part 1.2.5 an annual report must be submitted for the portion of the year up through the date of termination. The annual report is due no later than February 15 of the next year.
The annual report must contain the following information:
Any Decision-maker required to submit an NOI for discharges to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutant and is a small entity as defined in Appendix A must submit an annual report to EPA. Decision-makers required to submit an annual report must submit copies of monitoring records required elsewhere
in the permit with their annual report. Once a Decision-maker meets the obligation to submit an annual report, the Decision-maker must submit the annual report each calendar year thereafter for the duration of coverage under this general permit regardless of whether or not the Decision-maker has discharges from the application of pesticides in any subsequent calendar year. Decision-makers must submit the annual report electronically through EPA's NPDES eReporting Tool (NeT) unless NeT is otherwise unavailable, or the Decision-maker meets the waiver requirements for submitting a paper annual report. See Part 7.8. The annual report must be submitted no later than February 15 of the following year for all pesticide activities covered under this permit occurring during the previous calendar year. Annual reporting requirements begin with those activities occurring during the calendar year that Decision-makers are authorized to discharge.
When Decision-makers terminate permit coverage as specified in Part 1.2.5, an annual report must be submitted for the portion of the year up through the date of termination. The annual report is due no later than February 15 of the next year.
The annual report must contain the following information for any discharges to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants:
Decision-makers must submit all NOIs, NOTs, and annual reports electronically unless the Decision-maker has received a waiver from the appropriate EPA Regional Office based on one of the following conditions:
If a Decision-maker wishes to obtain a waiver from submitting a report electronically, the Decision-maker must submit a request to the appropriate EPA Regional Office. EPA Regional Office contact information can be found in Part 8.2. In that request, the Decision-maker must document which exemption they meet, provide evidence supporting any claims, and supply a copy of the completed NOI form. A waiver may only be considered granted once the Decision-maker receives written confirmation from EPA or its authorized representative.
Decision-makers must submit any NOI, NOT, and annual report, as appropriate, using EPA's NPDES eReporting Tool (NeT) unless NeT is otherwise unavailable or EPA waives the electronic submission requirement for an Operator consistent with the requirements identified on the NOI form in Appendix D, the NOT form in Appendix E, or the annual report form in Appendix G. If NeT is unavailable or the Decision-maker has received a waiver from electronic submission, the Decision-maker must submit these notices to EPA Headquarters at the address specified in Part 8.1.
Within 30 days of becoming aware of an adverse incident, Operators must send all incident reports under Part 6.4 to the appropriate EPA Regional offices (see Part 8.2) for the jurisdiction within which the incident occurred and to the appropriate state or tribal lead agency for pesticide regulation in that jurisdiction (see http://npic.orst.edu/state1.htm).
All other written correspondence concerning discharges covered under this permit and directed to EPA, including individual permit applications, must be sent to the address of the appropriate EPA Regional Office listed below in Part 8.2.
Note: If EPA notifies Operators (either directly, by public notice, or by making information available on the Internet) of other reporting options that become available at a later date ( e.g ., electronic submission), Operators may take advantage of those options in accordance with the instructions provided by EPA to satisfy the reporting requirements of this permit.
United States Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, DC 20460
United States Environmental Protection Agency Office of Water, Water Permits Division Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, DC 20004
United States EPA Region 1 Water Division 5 Post Office Square, Suite 100
Boston, MA 02109-3912
For Puerto Rico and the Virgin Islands: United States EPA Region 2 Caribbean Environmental Protection Division Multimedia Permits and Compliance Branch City View Plaza II 48 Carr 165, Suite 7000 Guaynabo, PR 00968-8073
For New Jersey and New York: United States EPA Region 2 Water Division 290 Broadway, 24 th Floor New York, NY 10007-1866
United States EPA Region 3 Clean Water Branch Water Division (3WD41) Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103
United States EPA Region 4 Water Protection Division Atlanta Federal Center 61 Forsyth Street SW Atlanta, GA 30303
United States EPA Region 5 Water Division, Permits Branch, WP-16J 77 W. Jackson Boulevard Chicago, IL 60604
United States EPA Region 6 Permitting and Water Quality Branch R6 WD-P 1201 Elm Street, Suite 500
Dallas, TX 75270
United States EPA, Region 7 Permits and Wetlands (PAW) Branch Water Division 11201 Renner Blvd.
Lenexa, KS 66219
Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except see Region 9 for Goshute Reservation and Navajo Reservation), the Ute Mountain Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska
United States EPA Region 8 8WD-CWW 1595 Wynkoop Street Denver, CO 80202-1129
Region 9: Arizona; California; Hawaii; Nevada; Guam; American Samoa; the Commonwealth of the Northern Mariana Islands; the Goshute Reservation in Utah and Nevada; the Navajo Reservation in Utah, New Mexico, and Arizona; the Duck Valley Reservation in Idaho; and Fort McDermitt Reservation in Oregon
United States EPA Region 9 Water Division, WTR-2-3 75 Hawthorne Street San Francisco, CA 94105
Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt Reservation), and Washington
United States EPA Region 10 Water Division 19-C04 1200 6th Avenue, Suite 155 Seattle, WA 98101
The provisions of this Part provide modifications or additions to the applicable conditions of this permit to reflect specific additional conditions required as part of the state (including territory) or Tribal CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA) certification process. The specific additional revisions and requirements only apply to activities in those specific states (including territories), Indian Country, and federal facilities. States (including territories), Indian Country, and federal facilities not included in this Part do not have any modifications or additions to the applicable conditions of this permit. Of the state coastal zone management agencies that responded to EPA's consistency determination, each concurred that the permit would be consistent to the maximum extent practicable with the enforceable policies of that state's program, with the exception of Guam, which included a condition to advise Operators of their monitoring obligations under FIFRA that, among other things, assure protection of water supplies. EPA addressed Guam's comment in Part 1.5 of the permit.
Applicable to Mosquito and Other Flying Insect Pest Control, Weed and Algae Pest Control, Animal Pest Control, and Forest Canopy Pest Control
During treatment, testing should include, at a minimum, 3 pH profiles throughout the treatment area using a calibrated meter, and measurement intervals should include surface, bottom, and 3 equally spaced measures in between. If, during treatment, the pond has an ambient pH outside this range the applicant should adjust the treatment as needed to attain the pH range. If the final pH after treatment is still not within the range, then water samples from treated and untreated areas should be sampled and analyzed for total aluminum and dissolved aluminum with detection limits of 10 ppb or less.
Seneca Nation Environmental Protection Department (EPD) Attn: Director of EPD 12837 Route 438 Irving, NY 14081
This condition is necessary to ensure the Seneca Nation may evaluate the proposed activity for the purpose of determining whether the discharge from the certified project will violate the certification for WQS. This condition will also allow the Seneca Nation's EPD the opportunity to inspect the proposed activity, prior to the initial operation for the purpose of determining whether the discharge from the certified project will violate the certification. The citations that authorize this condition are 40 CFR § 121.1 l(a) and Section 1.2.2 of the Seneca Nation of Indians Ordinance.
Grand Portage Environmental Resources Board P.O. Box 428 Grand Portage, MN 55605
Copies of the Notice of Intent and Notice of Termination required under the PGP must be submitted to the Board at the address above at the same time they are submitted to the EPA.
EPA shall include the following comment in Part 9 of the Final PGP to ensure compliance with appropriate requirements of the New Mexico Pesticide Control Act (NMSA 1978 §§ 76-4-1 to -39) which gives the New Mexico Department of Agriculture (NMDA) authority over pesticides and pesticide applicators in the state.
Background for Condition #1: Compliance with the New Mexico Pesticide Control Act
Part 1.5 of the Draft PGP states 'Operators must comply with all other applicable federal and state laws and regulations that pertain to the application of pesticides.'
Regulatory Citations and Guidance
The New Mexico Pesticide Control Act (NMSA 1978 §§ 76-4-1 to -39) gives the New Mexico Department of Agriculture (NMDA) authority over pesticides and pesticide applicators in the state. It includes a number of definitions, requirements, authorities, fee caps, and grounds for license denials, suspension or revocation. Regulations promulgated under the Act include 21.17.50 Pesticides, 20.17.51 Control of Wood-Destroying Pests, 20.17.53 Continuing Education Units for Pesticide Applicators, and 21.17.56 NMAC Restricted-Use Pesticides.
The objective of Part 50 of Chapter 17 is to set criteria for the use of pesticides in New Mexico, including the licensing and certification of pesticide applicators, record keeping, equipment inspection, storage and disposal of pesticides.
EPA shall include the following condition in Part 9 of the Final PGP to reasonably ensure that the permitted pesticide discharge activities to Tier 3 designated Outstanding Natural Resource Waters (ONRWs) listed in 20.6.4.9(D) NMAC will be conducted in a manner that will comply with applicable State water quality standards, including the antidegradation policy in 20.6.4.8(A)(4)(a) NMAC, 20.6.4.16 NMAC Planned Use of a Pesticide, and the statewide water quality management plan:
All requested material should be sent to: New Mexico Environment Department Surface Water Quality Bureau 1190 South Saint Francis Drive P.O. Box 5469 Santa Fe, NM 87502-5469
Telephone: (505) 827-0187
Email: psrs.program.manager@env.nm.gov (email preferred)
Part 1.1.2.2 of the Draft PGP allows '…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 degrade water quality on a short-term or temporary basis' to Tier 3 waters, also called Outstanding National Resource Waters (ONRWs).
Regulatory Citations and Guidance
20.6.2.1201 NMAC [Notice of Intent to Discharge] states:
'Oversight agency' means a state or federal agency, such as the United States department of agriculture forest service, that is responsible for land use or water quality management decisions affecting nonpoint source discharges where an outstanding national resource water is located.
20.6.4.8(A) NMAC [Antidegradation Policy and Implementation Plan] states:
…the person whose application is covered by the NPDES permit shall meet the additional notification and monitoring requirements outlined in Subsection G of 20.6.4.16 NMAC.
Statewide Water Quality Management Plan and Continuing Planning Process (WQMP/CPP) The WQMP/CPP states:
The antidegradation review procedure is based on the protection tier assigned to the receiving water, the type of receiving water, existing (i.e., baseline) water quality in the receiving water, the projected impacts, and nature of the proposed discharge. In general, the antidegradation review requirements described in this guidance apply to regulated discharges that have the potential to degrade water quality. These include NPDES point source discharges regulated under Section 402 of the CWA; discharges which result in the placement of dredged or fill material into surface waters regulated under Section 404 of the CWA; and any discharge authorized by federal permits and licenses that are subject to state water quality certification under Section 401 of the CWA.
A number of discharges to surface waters are authorized under general NPDES permits. These include stormwater runoff from municipalities required to comply with the Phase II MS4 stormwater permit, industrial activities covered by the stormwater program (Multi Sector General Permits), stormwater from construction sites one acre or larger (Construction General Permits), pesticide applications in or adjacent to surface waters (Pesticide General Permit), and concentrated animal feeding operations (CAFOs).
Compliance with the terms and conditions of the general permits is required to maintain authorization to discharge under the general permit. Discharges covered by a general permit that do not comply with general permit conditions or antidegradation requirements will be required to seek coverage under an individual permit.
Regulated discharges authorized by general permits are not required to undergo a Tier 2 antidegradation review as part of the permitting process. However, new and reissued general permits must be evaluated to consider the potential for significant degradation as a result of the permitted discharges.
Discharges that comply with general permits are not likely to cause significant degradation of water quality. In addition, activities covered under general permits (e.g., construction, industries, municipalities, dairies, feedlots, etc.) are considered to have social and economic importance to New Mexico. Therefore, antidegradation review for general permits will be based on whether or not the permit conditions are met and if the BMPs are effective at limiting (or eliminating) pollutant loading to minimize water quality impacts.
EPA Region 6's Procedures for Implementing NPDES Permits in New Mexico (NMIP) The NMIP states:
The Antidegradation Policy and Implementation Plan section of the NMWQS sets forth the requirements to protect designated uses through implementation of the State water quality standards. Furthermore, the policy sets forth the intent to protect the existing quality of those waters, whose quality exceeds their designated use. The limitations and monitoring requirements set forth in a proposed permit must be protective of the State water quality standards and designated uses. Permit requirements must be protective of the assimilative capacity of the receiving waters, which are protective of the designated uses of that water.
EPA shall include the following condition in Part 9 of the Final PGP to reasonably ensure that the permitted pesticide discharge activities to surface waters other than ONRWs will be conducted in a manner that will comply with applicable State water quality standards, including the antidegradation policy (20.6.4.8(A)), and statewide water quality management plan:
short-term degradation, Operators shall submit a copy of the Notice of Intent (NOI), project plan, and Notice of Termination (NOT) to the NMED for review. NMED, or the appropriate oversight agency, will review on a case-bycase basis discharges that may result in temporary and short-term degradation from restoration or maintenance activities. In the NOI and project plan, Operators must demonstrate that the degradation from restoration or maintenance activities (1) will be limited to the shortest possible time; (2) will be minimized and controlled by best management practices or in accordance with permit requirements as appropriate, and all practical means of minimizing the duration, magnitude, frequency and cumulative effects of such degradation shall be utilized; and (3) will not result in water quality lower than necessary to protect any existing use of the surface water. Discharges that will not comply with these antidegradation requirements will be required to seek coverage under an individual permit.
New Mexico Environment Department Surface Water Quality Bureau 1190 South Saint Francis Drive P.O. Box 5469
Santa Fe, NM 87502-5469
Telephone: (505) 827-0187
Email: psrs.program.manager@env.nm.gov (email preferred)
Regulatory Citations and Guidance
20.6.4.8(A) NMAC [Antidegradation Policy and Implementation Plan] states:
Statewide Water Quality Management Plan and Continuing Planning Process (WQMP/CPP)
The WQMP/CPP states:
The antidegradation review procedure is based on the protection tier assigned to the receiving water, the type of receiving water, existing (i.e., baseline) water quality in the receiving water, the projected impacts, and nature of the proposed discharge. In general, the antidegradation review requirements described in this guidance apply to regulated discharges that have the potential to degrade water quality. These include NPDES point source discharges regulated under Section 402 of the CWA; discharges which result in the placement of dredged or fill material into surface waters regulated under Section 404 of the CWA; and any
discharge authorized by federal permits and licenses that are subject to state water quality certification under Section 401 of the CWA.
A number of discharges to surface waters are authorized under general NPDES permits. These include stormwater runoff from municipalities required to comply with the Phase II MS4 stormwater permit, industrial activities covered by the stormwater program (Multi Sector General Permits), stormwater from construction sites one acre or larger (Construction General Permits), pesticide applications in or adjacent to surface waters (Pesticide General Permit), and concentrated animal feeding operations (CAFOs).
Compliance with the terms and conditions of the general permits is required to maintain authorization to discharge under the general permit. Discharges covered by a general permit that do not comply with general permit conditions or antidegradation requirements will be required to seek coverage under an individual permit.
Regulated discharges authorized by general permits are not required to undergo a Tier 2 antidegradation review as part of the permitting process. However, new and reissued general permits must be evaluated to consider the potential for significant degradation as a result of the permitted discharges.
Discharges that comply with general permits are not likely to cause significant degradation of water quality. In addition, activities covered under general permits (e.g., construction, industries, municipalities, dairies, feedlots, etc.) are considered to have social and economic importance to New Mexico. Therefore, antidegradation review for general permits will be based on whether or not the permit conditions are met and if the BMPs are effective at limiting (or eliminating) pollutant loading to minimize water quality impacts.
EPA Region 6's Procedures for Implementing NPDES Permits in New Mexico (NMIP) The NMIP states:
The Antidegradation Policy and Implementation Plan section of the NMWQS sets forth the requirements to protect designated uses through implementation of the State water quality standards. Furthermore, the policy sets forth the intent to protect the existing quality of those waters, whose quality exceeds their designated use. The limitations and monitoring requirements set forth in a proposed permit must be protective of the State water quality standards and designated uses. Permit requirements must be protective of the assimilative
capacity of the receiving waters, which are protective of the designated uses of that water.
EPA shall include the following condition in Part 9 of the Final PGP to reasonably ensure that the permitted pesticide discharge activities to surface waters will be conducted in a manner that will comply with applicable State water quality standards:
Regulatory Citations and Guidance
20.6.4.13 NMAC [General Criteria] states:
20.6.4.16 NMAC [Planned Use of a Piscicide] states:
EPA shall include the following condition in Part 9 of the Final PGP to ensure compliance with appropriate notification, removal, reporting and corrective action requirements in Ground and Surface Water Protection regulations in 20.6.2.1203 NMAC:
Emergency (24-hrs) call: 505-827-9329; and for non-emergencies call: 866-428-6535 (voice mail, 24 hours/day). For more information as to what further corrective actions may be necessary or appropriate for spills or adverse incidents that affect surface water quality, an Operator may also contact the NMED Surface Water Quality Bureau at:
New Mexico Environment Department Surface Water Quality Bureau 1190 South Saint Francis Drive P.O. Box 5469
Santa Fe, NM 87502-5469
Telephone: (505) 827-0187
Email: swq.reporting@env.nm.gov (email preferred)
Regulatory Citations and Guidance
20.6.2.1203 [Notification of Discharge Removal] states:
bureau chief that it is unsatisfactory to appeal to the department secretary. The department secretary shall approve or disapprove the modified corrective action report within five (5) days of receipt of the appeal from the bureau chief's decision. In the absence of either corrective action consistent with the approved corrective action report or with the decision of the secretary concerning the shortcomings of the modified corrective action report, the department may take whatever enforcement or legal action it deems necessary or appropriate.
EPA shall include the following condition in Part 9 of the Final PGP to reasonably ensure that the permitted pesticide discharge activities to surface waters of the State will be conducted in a manner that will comply with applicable State Notice of Intent (NOI) regulations in 20.6.2.1201 NMAC:
All such notices and related material should be sent to:
New Mexico Environment Department Ground Water Quality Bureau (GWQB) Surface Water Quality Bureau (SWQB) 1190 South Saint Francis Drive P.O. Box 5469
Santa Fe, NM 87502-5469
Telephone:
SWQB (505) 827-0187
GWQB (505) 827-2900
Email:
SWQB psrs.program.manager@env.nm.gov (email preferred)
GWQB gwqb.general@state.nm.us (email preferred)
Background for Condition #6: Notice of Intent Requirements
Regulatory Citations and Guidance
20.6.2.1201 NMAC [Notice of Intent to Discharge] states:
20.6.4.7(S)(5) NMAC [Definitions] states:
'Surface water(s) of the state' means all surface waters situated wholly or partly within or bordering upon the state, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, reservoirs or natural ponds. Surface waters of the state also means all tributaries of such waters, including adjacent wetlands, any manmade bodies of water that were originally created in surface waters of the state or resulted in the impoundment of surface waters of the state, and any 'waters of the United States' as defined under the Clean Water Act that are not included in the preceding description. Surface waters of the state does not include private waters that do not combine with other surface or subsurface water or any water under tribal regulatory jurisdiction pursuant to Section 518 of the Clean Water Act. Waste treatment systems, including treatment ponds or lagoons designed and actively used to meet requirements of the Clean Water Act (other than cooling ponds as defined in 40 CFR Part 423.11(m) that also meet the criteria of this definition), are not surface waters of the state, unless they were originally created in surface waters of the state or resulted in the impoundment of surface waters of the state.
confirmation is received from EPA that the NOT has been accepted. The NOI and NOT must be provided to the following address:
Ohkay Owingeh Office of Environmental Affairs Naomi Archuleta, naomi.archuleta@ohkay.org P.O. Box 717 Ohkay Owingeh, NM 87566
This condition is necessary to assure that the activity will comply with the Ohkay Owingeh Water Quality Standards requirements because of the designated uses within the OOWQS.
This condition is necessary to assure that the activity will comply with Ohkay Owingeh Water Quality Standards and necessary to serve as historical documentation for future generations for the Ohkay Owingeh Community and Tribal Government.
Pueblo of Isleta Environment Department Attention: Tribal Water Quality Control Officer PO Box 1270 Isleta NM 87022 Electronically: WQCO@isletapueblo.com
northern exterior boundary of the Pueblo of Isleta shall be provided concurrently to the Pueblo at the e-mail address specified in permit condition 1, above.
Electronic Addresses:
Greg Kaufman, Environment Director: gkaufman@sandiapueblo.nsn.us Cynthia King, Water Quality Manager: cking@sandiapueblo.nsn.us
Habitat beneficial use Total DDT and Metabolites standard of 0.00l ug/L and the pesticide-related toxic substance standards listed in Table 1. This condition will ensure compliance with these standards because it provides the Pueblo with the information necessary to evaluate the site specific details related to compliance prior to pesticide application. Additionally, it ensures that the Pueblo is notified of the permit termination, which allows for post-application water quality standard compliance monitoring.
Table 1 Fresh water aquatic and human health* toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption
| Substance b | CASRN | Chronic Toxicity c | Acute Toxicity c | Fish Consumption and Other | Water Consumption(ug/1) |
|---|---|---|---|---|---|
| Substance b | CASRN | (ug/1) | (ug/1) | (Not to Exceed) (ug/1) | Water Consumption(ug/1) |
| Aldrin | 309-00- 2 | -- | 3 | 0.00005 | -- |
| Chlordane | 57-74-9 | 0.0043 | 2.4 | 0.00081 | -- |
| 2-Chlorophenol | 95-57-8 | -- | -- | 0.10 j | -- |
| 3-Methyl-4-Chlorophenol | 59-50-7 | -- | -- | 3000 j | -- |
| Chlorpyrifos | 2921- 88-2 | 0.041 | 0.083 | -- | -- |
| 4,4'-DDT | 50-29-3 | 0.001 | 1.1 | 0.00022 | -- |
| 4,4'-DDE | 72-55-9 | -- | -- | 0.00022 | -- |
| 4,4'-DDD | 72-54-8 | -- | -- | 0.00031 | -- |
| Demeton | 8065- 48-3 | 0.1 | -- | -- | -- |
| Diazinon | 333-41- 5 | 0.17 | 0.17 | -- | -- |
| 1,2-Dichlorobenzene | 95-50-1 | -- | -- | -- | 600 f |
| 1,3-Dichlorobenzene | 541-73- 1 | -- | -- | 960 | -- |
| 1,4-Dichlorobenzene | 106-46- 7 | -- | -- | -- | 75 f |
|---|---|---|---|---|---|
| Dimethyl phthalate | 131-11- 3 | -- | -- | 1100000 | -- |
| Di-n-Butyl Phthalate | 84-74-2 | -- | -- | 4500 | -- |
| Dieldrin | 60-57-1 | 0.056 | 0.24 | 0.000054 | -- |
| Endosulfan, alpha | 959-98- 8 | 0.056 | 0.22 | 89 | -- |
| Endosulfan, beta | 33213- 65-9 | 0.056 | 0.22 | 89 | -- |
| Endosulfan Sulfate | 1031- 07-8 | -- | -- | 89 | -- |
| Endrin | 72-20-8 | 0.036 | 0.086 | 0.06 d | -- |
| Endrin Aldehyde | 7421- 93-4 | -- | -- | 0.3 | -- |
| Guthion | 86-50-0 | 0.01 | -- | -- | -- |
| Heptachlor | 76-44-8 | 0.0038 | 0.52 | 0.000079 | -- |
| Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption | Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption | Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption | Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption | Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption | Table 1 Fresh water aquatic and humanhealth * toxic substance criteria for surface waters with ceremonial, designated aquatic life uses, or from which fish are caught for human consumption |
|---|---|---|---|---|---|
| Substance b | CASRN | Chronic Toxicity c | Acute Toxicity c | Fish Consumption and Other | Water Consumption(ug/1) |
| Substance b | CASRN | (ug/1) | (ug/1) | (Not to Exceed) (ug/1) | Water Consumption(ug/1) |
| Heptachlor epoxide | 1024- 57-3 | 0.0038 | 0.52 | 0.000039 | -- |
| alpha-BHC | 319-84-6 | -- | -- | 0.0049 | -- |
| beta-BHC | 319-85- 7 | -- | -- | 0.017 | -- |
| gamma-BHC (Lindane) | 58-89-9 | -- | 0.95 | 1.8 d | -- |
| Hexachlorocyclopentadiene | 77-47-4 | -- | -- | 1 j | -- |
| Malathion | 121-75- 5 | 0.1 | -- | -- | -- |
| Mirex | 2385- 85-5 | 0.001 | -- | -- | -- |
| Parathion | 56-38-2 | 0.013 | 0.065 | -- | -- |
| Toxaphene | 8001- 35-2 | 0.0002 | 0.73 | 0.00028 | -- |
hd =
ln =
CF =
no criterion exists hardness
natural log of number
Conversion Factor (for hardness dependent metals)
For Cadmium:
Acute CF is 1.136672-[ln(hd)(0.04l838)] Chronic CF is 1.101672-[ln(hd)(0.04l838)]
For Lead:
Acute CF is 1.46203-[ln(hd)(0.145712)] Chronic CF is 1.46203-[ln(hd)(0.145712)]
Bromodichloromethane (CASN 75-27-4)
Dibromochlorornethane (CASN 124-48-1) Tribromomethane [Bromoform (CASN 75-25-2)] Trichloromethane [Chloroform (CASN 67-66-3)]
ug =
micrograms
mg/l =
milligrams/liter
ug/l = Micrograms/liter
As new criteria documents for toxic substances are published by EPA, these will become incorporated into and made a part of this Subsection O, TOXIC SUBSTANCES, during triennial review, and the numeric criteria established by EPA shall equally apply. Numeric criteria for carcinogens will reflect a risk level of one in a million.
For specific segments where the above criteria may need to be recalculated using appropriate species or water quality factors, the PUEBLO OF SANDIA may, after public participation and EPA approval, adopt site-specific criterion modifications. Since pesticides and PCB's can accumulate in bottom sediments and tissues of aquatic organisms, sediment and tissue analysis shall routinely be used to complement water analysis. Fish tissue levels in excess of FDA Action Limits shall require investigation.
Santa Clara Pueblo Environment Director, dinoc@santaclarapueblo.org
This condition is necessary to assure that the activity will comply with water quality requirements enacted in the Santa Clara Pueblo Water Quality Code and for the protection of tribal resources.
This condition is necessary to assure that the activity will comply with water quality requirements enacted in the Santa Clara Pueblo Water Quality Code and for the protection of tribal resources.
received from EPA that the NOI/NOT has been accepted. The NOI and NOT must be provided to the following address:
Craig Quanchello, Governor Pueblo of Picuris P.O. Box 127 Penasco, NM 87553
Adrian Montoya Pueblo of Picuris Environmental Department, Director P.O. Box 158 Penasco, NM 87553
Statement explaining reason for condition: This condition is necessary to assure that the Tribe has an opportunity to review the proposed activity prior to initial operation and that it will comply with the Tribe's water quality standards and/or requirements.
Statement explaining reason for condition: This condition is necessary to assure that the Tribe has an opportunity to review the proposed activity prior to initial operation and that it will comply with the Tribe 's water quality standards and/or requirements.
Statement explaining reason for condition: This condition is necessary to assure water quality is not degraded, and that the discharge from the activity complies with the narrative criterion for toxic substances in the Picuris Pueblo Water Quality Code. Recordkeeping and annual reporting will demonstrate to the Tribe the Operator's compliance with the conditions of the certification and permit, and therefore the water quality requirements.
Statement explaining reason for condition: This condition is necessary to assure water quality is not degraded, and that the discharge from the activity complies with the narrative criterion for toxic substances in the Picuris Pueblo Water Quality Code. Recordkeeping and annual reporting will demonstrate to
the Tribe the Operator's compliance with the conditions of the certification and permit, and therefore the water quality requirements.
Statement explaining reason for condition: This condition is necessary to assure water quality is not degraded, and that the discharge from the activity complies with the narrative criterion for toxic substances in the Picuris Pueblo Water Quality Code. Recordkeeping and annual reporting will demonstrate to the Tribe the Operator's compliance with the conditions of the certification and permit, and therefore the water quality requirements.
Pueblo of Santa Ana Governor Myron Armijo 02 Dove Road, Santa Ana Pueblo, NM 87004
Pueblo of Santa Ana Department of Natural Resources Tammy Montoya, Water Resources Division Manager 02 Dove Road, Santa Ana Pueblo, NM 87004 tammy.montoya@santaana-nsn.gov
Reason for Conditions: These conditions are necessary to ensure that the activity will comply with water quality requirements and ensure the Pueblo water quality will not be degraded and the discharge complies with the Pueblo of Santa Ana Water Quality Standards.
Governor Milton Herrera Pueblo of Tesuque 20 TP828 Santa Fe, NM 87506 Email: governor@pueblooftesuque.org
Sage Mountainflower Pueblo of Tesuque
Director of Environment and Natural Resources 20 TP828 Santa Fe, NM 87506 Email: sagem@pubelooftesuque.org
This condition is necessary to ensure that the Department of Environment and Natural Resources can review plans prior to application to determine if the proposed project will impact water quality within the Pueblo.
This condition is necessary to ensure that the discharge from the proposed project will comply with the update regulations and the Pueblo of Tesuque is i n formed of the project scope as made available through the PDMP, and the Pueblo can ensure the water quality will be protected. See the Pueblo of Tesuque Water Quality Standards.
This condition is necessary to assure that the activity will comply with water quality requirements and ensure the Pueblo water quality will not be degraded and the discharge complies with the Pueblo of Tesuque Water Quality Standards.
Pueblo of San Felipe Department of Natural Resource Director, pstout@sfpueblo.com
This condition is necessary to assure that the activity will comply with water quality requirement and for the protection of tribal resources.
This condition is necessary to assure that the activity will comply with water quality requirements and for the protection of tribal resources.
Pawnee Nation Department of Environmental Conservation and Safety
P.O. Box 470 Pawnee, OK 74058 Or email to dnrs@pawneenation.org
This condition is required to ensure the Pawnee Nation Department of Environmental Conservation and Safety (DECS) have the opportunity to inspect the activity prior to the initial operation for the purpose of determining whether the discharge from the certified project will violate the certification as authorized under 40 CFR 121.ll(a) and Pawnee Nation Title XII (Natural Resource Protection Act), Chapter four (Water Resource Protection) Section 407 (Water Quality Certification), and Chapter Nine (Pollution Discharges) Section 905 (Discharge without Permit Unlawful).
This condition is required to ensure the Pawnee Nation Department of Environmental Conservation and Safety (DECS) have the opportunity to review the PDMP and inspect the activity prior to the initial operation for the purpose of determining whether the discharge from the certified project will violate the certification as authorized under 40 CFR 121.ll(a) and Pawnee Nation Title XII (Natural Resource Protection Act), Chapter Four (Water Resource Protection) Section 407 (Water Quality Certification), Chapter Five (Water Quality Standards).
This condition is required to ensure water quality is not degraded, and that the discharge from the proposed project complies with the criteria for the protection of surface water resources as established by Pawnee Nation Title XII (Natural Resource Protection Act) Chapter Three (General Provisions) Section 307 (Pollution Unlawful) and Chapter Five (Water Quality Standards) Section Ten (Criteria for the Protection of Surface Water Resources).
The contents of this condition are required in order to comply with the State antidegradation policy (WAC 173-201A-300) and limit the discharge of polluting matter in water (RCW 90.48.080 and RCW 90.48.520).
Malathion and naled are not authorized to be used in the vulnerable species areas referenced in Areas of Restricted Larvicide and Adulticide Use Due to Presence of Vulnerable Species. Contact the WDFW habitat biologist for your area for more information about adulticide application restrictions in your area
(https://wdfw.maps.arcgis.com/apps/MapSeries/index.html?appid=34533b2 dd4f84932b5fd1a46e494bde6). Project proponents can also contact the WDFW Habitat Program at habitatprogram@dfw.wa.gov or 360-902-2534.
requirements which Ecology has determined are necessary to meet the state requirement for the use of all known, available and reasonable methods of prevention, control and treatment (AKART) and water quality standards.
Note: Ecology recognizes that discharge permits can regulate the specific areas where a Project proponent discharges (or intentionally applies) a chemical. A discharge permit cannot regulate or control the extent of dispersion because it varies depending on environmental conditions. Dispersion means that sometimes the treatment affects more area or less area than anticipated.
treated with pesticides enters surface water bodies that existed prior to the creation of reclamation and irrigation projects.
The following are approved for use in Aquatic Invasive Species Control. Marine or freshwater applications:
Project proponents must consult with WDFW Aquatic Invasive Species Program staff prior to conducting treatments, at ais@dfw.wa.gov, 1-888WDFW-AIS or their website https://wdfw.wa.gov/specieshabitats/invasive.
https://ecology.wa.gov/regulations-permits/permits-certifications/aquaticpesticide-permits/aquatic-invasive-species-control-general-permit
The following are approved for use in fish management treatments:
Additional conditions
All treatments conducted for fish management must follow the most recent version of: Planning and Standard Operating Procedures for Use of Rotenone in Fish Management - Rotenone SOP Manual; Finlayson, B., D. Skaar, J. Anderson, J. Carter, D. Duffield, M. Flammang, C. Jackson, J. Overlock, J. Steinkjer, and R. Wilson. American Fisheries Society, Bethesda, MD.
See section 8 below for information about determining water rights and requirements to provide replacement water.
The following pesticides are approved for use:
https://wdfw.maps.arcgis.com/apps/MapJournal/index.html?appid=48699252565 749d1b7e16b3e34422271.
Project proponents performing forest canopy pest control must follow the requirements in Title 76 RCW (Forests and Forest Products).
Citation: Title 76 RCW.
•
The Project proponent must publish a public notice in a newspaper of general circulation in the area where treatment will occur, prior to the first application of the season. The newspaper notice must contain:
Shoreline posting templates can be found on these permit websites:
https://ecology.wa.gov/regulations-permits/permits-certifications/aquaticpesticide-permits/aquatic-invasive-species-control-general-permit
https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Aquaticpesticide-permits/Aquatic-mosquito-control
https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Aquaticpesticide-permits/Aquatic-noxious-weed-control
https://ecology.wa.gov/Regulations-Permits/Permits-certifications/Aquaticpesticide-permits/Aquatic-plant-algae-management
Project proponents are required to provide, as detailed below, an alternative or replacement water source when treatment will affect potable water, irrigation water, or livestock watering, uses in order to comply with water rights laws and regulations.
exposure to pesticides and preventing the improper discharge of pesticides.
Timing windows may apply to fish or non-fish species. Information about waterbody-specific treatment timing windows is provided by WDFW on the map linked below:
https://wdfw.maps.arcgis.com/apps/MapSeries/index.html?appid=34533b2dd4f8 4932b5fd1a46e494bde6.
Project proponents can also contact the WDFW Habitat Program at habitatprogram@dfw.wa.gov or (360) 902-2534.
Some treatment timing windows require consultation with WDFW prior to beginning any treatment. Project proponents must follow WDFW guidance and treatment limits on waterbodies where the treatment timing window requires consultation.
Timing windows do not apply to:
Contact the regional WDFW biologist to develop a new timing window if the default window will not provide for adequate treatment. WDFW biologist contact information may be found through the Areas of Responsibilities Map Tool: https://www.arcgis.com/apps/MapJournal/index.html?appid=48699252565749d1 b7e16b3e34422271.
Pesticides subject to WDFW Timing Windows for Salmon, steelhead, bull trout and other priority species:
For all other chemicals allowed for use under Aquatic Plant and Algae Management and Aquatic Invasive Species Control check the WDFW Timing Window map tool for other priority species (non-fish) work windows.
For irrigation canal systems the WDFW timing windows only apply to endothall mono salt.
If a rare plant is reported in or around the waterbody, the Project proponent must survey for the rare plant and mitigate for impacts. If a rare plant is found in the treatment area the Project proponent must consult with WDNR Natural Heritage Program staff, and implement appropriate mitigations prior to beginning application of pesticides. Contact them at (360) 902-1667, natural_heritage_program@dnr.wa.gov, or via their website https://www.dnr.wa.gov/natural-heritage-program.
You have a right to appeal this Order to the Pollution Control Hearings Board (PCHB) within 30 days of the date of receipt. The appeal process is governed by Chapter 43.21B RCW and Chapter 371-08 WAC. 'Date of receipt' is defined in RCW 43.21B.001(2).
To appeal, you must do all of the following within 30 days of the date of receipt of this Order:
You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08 WAC.
Filing with the PCHB
For the most current information regarding filing with the PCHB, visit: https://eluho.wa.gov/ or call: (360) 664-9160.
Service on Ecology
Street Addresses:
Department of Ecology
Attn: Appeals Processing Desk 300 Desmond Drive SE Lacey, WA 98503
Department of Ecology Attn: Appeals Processing Desk PO Box 47608 Olympia, WA 98504-7608 E-Mail Address: ecologyappeals@ecy.wa.gov
Please direct all questions about this Order to:
Danielle Edelman Department of Ecology P.O. Box 47600 Olympia, WA 98503-7600 (360) 407-7118 danielle.edelman@ecy.wa.gov
http://apps.leg.wa.gov/RCW/default.aspx?cite=43.21B
http://apps.leg.wa.gov/WAC/default.aspx?cite=371-08
http://apps.leg.wa.gov/RCW/default.aspx?cite=90.48
https://apps.leg.wa.gov/WAC/default.aspx?cite=173-204
https://apps.leg.wa.gov/WAC/default.aspx?cite=173-200
https://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A
Action Area all areas to be affected directly or indirectly by the Federal action (i.e., the PGP) and not merely the immediate area involved in the action. (See 50 CFR 402.02).
Action Threshold - the point at which pest populations or environmental conditions necessitate that pest control action be taken based on economic, human health, aesthetic, or other effects. An action threshold may be based on current and/or past environmental factors that are or have been demonstrated to be conducive to pest emergence and/or growth, as well as past and/or current pest presence. Action thresholds are those conditions that indicate both the need for control actions and the proper timing of such actions.
Active Ingredient any substance (or group of structurally similar substances if specified by the Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator, desiccant, or defoliant within the meaning of FIFRA sec. 2(a). [40 CFR 152.3] Active ingredient also means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance. [40 CFR 174.3]
Adverse Incident - means an unusual or unexpected incident that an Operator has observed upon inspection or of which the Operator otherwise become aware, in which :
The phrase toxic or adverse effect includes effects that occur as a result of a discharge to waters of the United States on non-target plants, fish, or wildlife that are unusual or unexpected ( e.g ., effects are to organisms not otherwise described on the pesticide product label or otherwise not expected to be present) as a result of exposure to a pesticide residue, and may include:
The phrase, toxic or adverse effect, also includes any adverse effects to humans ( e.g ., skin rashes) or domesticated animals that occur either from direct contact with or as a secondary effect from a discharge (e.g ., sickness from consumption of plants or animals exposed to
pesticides) to waters of the United States that are temporally and spatially related to exposure to a pesticide residue ( e.g ., vomiting, lethargy).
Annual Treatment Area Threshold - an area (in acres) or linear distance (in miles) in a calendar year to which a Decision-maker is authorizing and/or performing pesticide applications in that area for activities covered under this permit.
For calculating annual treatment areas for Mosquitoes and Other Flying Insect Pest Control and Forest Canopy Pest for comparing with any threshold in Table 1-1, count each pesticide application activity to a treatment area ( i.e ., that area where a pesticide application is intended to provide pesticidal benefits within the pest management area) as a separate area treated. For example, applying pesticides three times a year to the same 3,000 acre site should be counted as 9,000 acres of treatment area for purposes of determining if such an application exceeds an annual treatment area threshold. The treatment area for these two pesticide use patterns is additive over the calendar year.
For calculating annual treatment areas for Weed and Algae Control and Animal Pest Control for comparing with any threshold in Table 1-1, calculations should include either the linear extent of or the surface area of waters for applications made to waters of the United States or at water's edge adjacent to waters of the United States. For calculating the annual treatment area, count each treatment area only once, regardless of the number of pesticide application activities performed on that area in a given year. Also, for linear features ( e.g ., a canal or ditch), use the length of the linear feature whether treating in or adjacent to the feature, regardless of the number of applications made to that feature during the calendar year. For example, whether treating the bank on one side of a ten-mile long ditch, banks on both sides of the ditch, and/or water in that ditch, the total treatment area is ten miles for purposes of determining if an NOI is required to be submitted. Additionally, if the same 10 miles area is treated more than once in a calendar year, the total area treated is still 10 miles for purposes of comparing with any threshold in Table 1-1. The treatment area for these two pesticide use patterns is not additive over the calendar year.
Applicator 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) that results in a discharge to waters of the United States.
Biological Control Agents - these agents are organisms that can be introduced to Operator sites, such as herbivores, predators, parasites, and hyperparasites. [Source: FWS IPM Guidance, 2004]
Biological Pesticides (also called biopesticides) - include microbial pesticides, biochemical pesticides and plant-incorporated protectants (PIP). Microbial pesticide is a microbial agent intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, that (1) is a eukaryotic microorganism including, but not limited to, protozoa, algae, and fungi; (2) is a procaryotic microorganism, including, but not limited to, Eubacteria and Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not limited to, viruses. [40 CFR 158.2100(b)] Biochemical pesticide mean a pesticide that (1) is a naturally-occurring substance or structurally-similar and functionally identical to a naturally-occurring substance; (2) has a history of exposure to humans and the environment demonstrating minimal toxicity, or in the case of a synthetically-derived biochemical pesticides, is equivalent to a naturally-occurring substance that has such a history;
and (3) Has a non-toxic mode of action to the target pest(s). [40 CFR 158.2000(a)(1)] Plantincorporated protectant means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for production of such a pesticidal substance. It also includes any inert ingredient contained in the plant or produce thereof. [40 CFR 174.3]
Chemical Pesticides - all pesticides not otherwise classified as biological pesticides.
Cultural Methods - manipulation of the habitat to increase pest mortality by making the habitat less suitable to the pest.
Decision-maker any entity with control over the decision to perform pesticide applications including the ability to modify those decisions that result in a discharge to waters of the United States.
Decision-maker Who is or Will be Required to Submit an NOI - any Decision-maker covered under the PGP who knows or should have known that an NOI will be required for those discharges beginning on the effective date of the permit. Excluded from this definition are those activities for which an NOI is required based solely on that Decision-Maker exceeding an annual treatment area threshold.
Declared Pest Emergency Situation an event defined by a public declaration by a federal agency, state, or local government of a pest problem determined to require control through application of a pesticide beginning less than ten days after identification of the need for pest control. This public declaration may be based on:
Director - a Regional Administrator of the EPA or an authorized representative. [Excerpted from 40 CFR 122.2]
Discharge - when used without qualification, means the 'discharge of a pollutant.' [40 CFR 122.2]
Discharge of a Pollutant - any addition of any 'pollutant' or combination of pollutants to 'waters of the United States' from any 'point source,' or 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 that is being used as a means of transportation. This definition includes additions of pollutants into waters of the United States from: surface runoff which is collected or channeled by human; discharges through pipes, sewers, or other conveyances leading into privately owned treatment works. [Excerpted from 40 CFR 122.2]
Facility or Activity - any NPDES 'point source' or any other facility or activity (including land or appurtenances thereto) that is subject to regulation under the NPDES program. [40 CFR 122.2]
Federal Facility - any buildings, installations, structures, land, public works, equipment, aircraft, vessels, and other vehicles and property, owned, operated, or leased by, or constructed or manufactured for the purpose of leasing to, the federal government.
For-Hire Applicator includes persons who make contractual pesticide applications for which they or their employer receives compensation ( e.g ., lawn care firms, pest control companies).
FWS Listed Resources of Concern - Federally-listed threatened and endangered species and designated critical habitat listed under the jurisdiction of the U.S. Fish and Wildlife Service (FWS) that are included in the FWS biological opinion for EPA's Pesticide General Permit.
Impaired Water (or 'Water Quality Impaired Water' or 'Water Quality Limited Segment') - a water is impaired for purposes of this permit if it has 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 (these waters are called 'water quality limited segments' under 40 CFR 130.2(j)). Impaired waters include both waters with approved or established TMDLs, and those for which a TMDL has not yet been approved or established.
Indian Country - (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rightsof-way running through the reservation; (b) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. This definition includes all land held in trust for an Indian Tribe. [18 U.S.C. 1151; 40 CFR 122.2]
Inert Ingredient any substance (or group of structurally similar substances if designated by the Agency), other than an active ingredient, which is intentionally included in a pesticide product. [40 CFR 152.3] Inert ingredient also means any substance, such as a selectable marker, other than the active ingredient, where the substance is used to confirm or ensure the presence of the active ingredient, and includes the genetic material necessary for the production of the substance, provided that genetic material is intentionally introduced into a living plant in addition to the active ingredient. [40 CFR 174.3]
Lands of Exclusive Federal Jurisdiction all land where the Federal government has exclusive jurisdiction in relative respects.
Large Entity -any entity that is not a 'small entity.'
Mechanical/Physical Methods -mechanical tools or physical alterations of the environment, for pest prevention or removal.
Minimize to reduce and/or eliminate pesticide discharges to waters of the United States through the use of Pest Management Measures to the extent technologically available and economically practicable and achievable.
NMFS Listed Resources of Concern - ESA-listed species and designated critical habitat under the jurisdiction of National Marine Fisheries Service (NMFS) that are within, or adjacent to, and/or affected by discharges within, areas where EPA is the permitting authority as described in Appendix C of this permit.
Non-target Organisms - includes the plant and animal hosts of the target species, the natural enemies of the target species living in the community, and other plants and animals, including vertebrates and invertebrates, living in or near the community that are not the target of the pesticide.
Operator - for the purpose of this permit, 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:
(i) 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
(ii) any entity with control over the decision to perform pesticide applications including the ability to modify those decisions.
Person an individual, association, partnership, corporation, municipality, state or federal agency, or an agent or employee thereof.
Pest - Consistent with 40 CFR 152.5, any organism under circumstances that make it deleterious to man or the environment, if it is:
Pest Management Area - The area of land, including any water, for which an Operator has responsibility and is authorized to conduct pest management activities as covered by this permit ( e.g ., for an Operator who is a mosquito control district, the pest management area is the total area of the district).
Pest Management Measure - any practice used to meet the effluent limitations that complies with manufacturer specifications, industry standards and recommended industry practices related to the application of pesticides, relevant legal requirements, and other provisions that a prudent Operator would implement to reduce and/or eliminate pesticide discharges to waters of the United States.
Pesticide - means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended
for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term ''pesticide'' shall not include any article that is a 'new animal drug' within the meaning of section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or containing a new animal drug. The term 'pesticide' does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the preceding sentence, the term 'critical device' includes any device that introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term ''semi-critical device'' includes any device that contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter normally sterile areas of the body [FIFRA Section 2(u)].
The term 'pesticide' applies to insecticides, herbicides, fungicides, rodenticides, and various other substances used to control pests. The definition encompasses all uses of pesticides authorized under FIFRA including uses authorized under sections 3 (registration), 5 (experimental use permits), 18 (emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA).
Note: drugs used to control diseases of humans or animals (such as livestock, fishstock and pets) are not considered pesticides; such drugs are regulated by the Food and Drug Administration. Fertilizers, nutrients, and other substances used to promote plant survival and health are not considered plant growth regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as birds or ladybugs that eat insect pests, parasitic wasps, fish, etc).
This permit uses the term 'pesticide' when referring to the 'pesticide, as applied.' When referring to the chemical in the pesticide product with pesticidal qualities, the permit uses the term 'active ingredient.'
Pesticide Discharges To Waters of the United States from Pesticide Application means the discharges that result from the application of biological pesticides, and the application of chemical pesticides that leave a residue, from point sources to waters of the United States. In the context of this definition of pesticide discharges to waters of the United States from pesticide application, this does not include agricultural storm water discharges and return flows from irrigated agriculture, which are excluded by law (33 U.S.C. 1342(l); 33 U.S.C. 1362(14)). [40 CFR 122.2]
This permit uses the term 'pesticide discharges' when referring to 'pesticide discharges to waters of the United States from pesticide application.'
Pesticide Product - a pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.
Pesticide Research and Development Activities undertaken on a systematic basis to gain new knowledge (research) and/or the application of research findings or other scientific knowledge for the creation of new or significantly improved products or processes (experimental development).
Pesticide Residue - for the purpose of determining whether an NPDES permit is needed for discharges to waters of the United States from pesticide application, means that portion of a pesticide application that is discharged from a point source to waters of the United States and no longer provides pesticidal benefits. It also includes any degradates of the pesticide. [40 CFR 122.2]
Point Source - 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. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff. [40 CFR 122.2]
Pollutant dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. For purposes of this definition, a 'biological pesticide' is considered a 'biological material,' and any 'pesticide residue' resulting from use of a 'chemical pesticide' is considered a 'chemical waste.' [Excerpted from 40 CFR 122.2]
Project Action Area - all areas to be affected directly or indirectly by the Operator's discharge(s) to waters of the U.S. covered by the PGP and discharge-related activities in the Operator's pest management area(s).
Small Entity -any (1) private enterprise that does not exceed the Small Business Administration size standard as identified at 13 CFR 121.201, or (2) local government that serves a population of 10,000 or less.
State means any of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands.
Take - means to harass, 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).
Target Pest - the organism(s) toward which Pest Management Measures are being directed.
Tier 3 Waters - for antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters are identified by states or Tribes as having high quality waters constituting an Outstanding National Resource Water (ONRW), which may include waters of National Parks and State Parks, wildlife refuges, and waters of exceptional recreational or ecological significance.
Total Maximum Daily Loads (TMDLs) - a TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source discharges, load allocations (LAs) for nonpoint sources and/or natural background,
and it must include a margin of safety (MOS) and account for seasonal variations. [See section 303(d) of the CWA and 40 CFR 130.2 and 130.7]
Treatment Area the entire area, whether over land or water, where a pesticide application is intended to provide pesticidal benefits within the pest management area. In some instances, the treatment area will be larger than the area where pesticides are actually applied. For example, the treatment area for a stationary drip treatment into a canal includes the entire width and length of the canal over which the pesticide is intended to control weeds. Similarly, the treatment area for a lake or marine area is the water surface area where the application is intended to provide pesticidal benefits.
Water Quality Impaired - See 'Impaired Water.'
Water Quality Standards - A water quality standard defines the water quality goals of a water body, or portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary to protect the uses. Water quality standards also include an antidegradation policy and implementation procedures. See P.U.D. No. 1 of Jefferson County v. Wash. Dept. of Ecology , 511 U.S. 700, 705 (1994). States, Tribes and EPA adopt water quality standards to protect public health or welfare, enhance the quality of water and serve the purposes of the CWA (See CWA sections 101(a)2 and 303(c)). Where necessary, EPA has the authority to promulgate federal water quality standards.
Wetlands - means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. [40 CFR 122.2]
| CBI | Confidential Business Information |
|---|---|
| CERCLA | Comprehensive Environmental Response, Compensation and Liability Act |
| CFR | Code of Federal Regulation |
| CWA | Clean Water Act (or the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq. ) |
| CZMA | Coastal Zone Management Act |
| EPA | U. S. Environmental Protection Agency |
| ESA | Endangered Species Act |
| FFDCA | Federal Food Drug and Cosmetic Act |
| FIFRA | Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §136 et seq. |
| FWS | U. S. Fish and Wildlife Service |
| IPM | Integrated Pest Management |
| LA | Load Allocation |
| MOS | Margin of Safety |
| NEPA | National Environmental Policy Act |
| NeT | NPDES eReporting Tool |
| NMFS | U. S. National Marine Fisheries Service |
| NOI | Notice of Intent |
| NOT | Notice of Termination |
| NPDES | National Pollutant Discharge Elimination System |
| NRC | National Response Center |
| ONRW | Outstanding National Resource Water |
| PIP | Plant-incorporated Protectants |
| PDMP | Pesticide Discharge Management Plan |
| SARA | Superfund Amendments and Reauthorization Act |
| TMDL | Total Maximum Daily Load |
| U.S.C. | United States Code |
| WLA | Wasteload Allocation |
| WQS | Water Quality Standard |
As provided by the introductory text of 40 CFR §122.41 and the regulation at 40 CFR §122.43(c), all of the standard permit conditions published in federal regulations at 40 CFR §122.41 are included below. [Note: Penalties for Violations of Permit Conditions: EPA and other federal agencies are required to adjust their maximum and minimum statutory civil penalty amounts through rulemaking by January 15 each year to account for inflation. EPA's annual rulemaking adjustments, codified in 40 C.F.R. § 19.4, are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 (28 U.S.C. § 2461 note). As such, the civil penalty amounts below have changed and will likely change in the future due to inflation. See 40 C.F.R. § 19.4 for the most up-to-date civil penalty amounts.]
40 CFR § 122.41 - Conditions applicable to all permits.
The following conditions apply to all NPDES permits. Additional conditions applicable to NPDES permits are in §122.42. All conditions applicable to NPDES permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations (or the corresponding approved State regulations) must be given in the permit.
(a) Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.
(2) The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [See 40 CFR 19.4 for the most up-to date civil penalty amounts.]
The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization as defined in section 309(c)(3)(B)(iii) of the CWA shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [See 40 CFR 19.4 for the most up-to date civil penalty amounts.]
(3) Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [See 40 CFR 19.4 for the most up-to-date civil penalty amounts]
additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan;
(2) Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
(3) Transfers. This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. (See §122.61; in some cases, modification or revocation and reissuance is mandatory.)
(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Director for reporting results of monitoring of sludge use or disposal practices. As of December 21, 2016, all reports and forms submitted in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient as defined in 40 CFR 127.2(b) in compliance with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3), §122.22, and 40 CFR Part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part 127, permittees may be required to report electronically if specified by a particular permit or if required to do so by state law.
(ii) If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136, or another method required for an industry-specific waste stream under 40 CFR subchapters N or O, the results of such monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the (iii) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit.
(5) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
(i) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A report shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times), and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports must include the data described above (with the exception of time of discovery) as well as the type of event (combined sewer overflows, sanitary sewer overflows, or bypass events), type of sewer overflow structure ( e.g., manhole, combine sewer overflow outfall), discharge volumes untreated by the treatment works treating domestic sewage, types of human health and environmental impacts of the sewer overflow event, and whether the noncompliance was related to wet weather. As of December 21, 2020, all reports related to combined sewer overflows, sanitary sewer overflows, or bypass events submitted in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient as defined in 40 CFR 127.2(b) in compliance with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3), §122.22, and 40 CFR Part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part 127, permittees may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a particular permit or if required to do so by state law. The Director may also require permittees to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section.
(ii) The following shall be included as information which must be reported within 24 hours under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (See §122.41(g).
(7) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs (l)(4), (5), and (6) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (l)(6). For noncompliance events related to combined sewer overflows, sanitary sewer overflows, or bypass events, these reports shall contain the information described in paragraph (l)(6) and the applicable required data in appendix A to 40 CFR Part 127. As of December 21, 2020 all reports related to combined sewer overflows, sanitary sewer overflows, or bypass events submitted in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient as defined in 40 CFR 127.2(b) in compliance with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3), §122.22, and 40 CFR Part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part 127, permittees may be required to electronically submit reports related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section by a
particular permit or if required to do so by state law. The Director may also require permittees to electronically submit reports not related to combined sewer overflows, sanitary sewer overflows, or bypass events under this section.
(8) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information.
(9) Identification of the initial recipient for NPDES electronic reporting data. The owner, operator, or the duly authorized representative of an NPDES-regulated entity is required to electronically submit the required NPDES information (as specified in appendix A to 40 CFR Part 127) to the appropriate initial recipient, as determined by EPA, and as defined in §127.2(b) of this chapter. EPA will identify and publish the list of initial recipients on its Web site and in the FEDERAL REGISTER, by state and by NPDES data group [see §127.2(c) of this chapter]. EPA will update and maintain this listing.
(m) Bypass -(1) Definitions. (i) Bypass means the intentional diversion of waste streams from any portion of a treatment facility.
(ii) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
(2) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (m)(3) and (m)(4) of this section.
(3) Notice -(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass. As of December 21, 2020 all notices submitted in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient as defined in 40 CFR 127.2(b) in compliance with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3), §122.22, and 40 CFR Part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part 127, permittees may be required to report electronically if specified by a particular permit or if required to do so by state law.
(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in paragraph (l)(6) of this section (24-hour notice). As of December 21, 2020 all notices submitted in compliance with this section must be submitted electronically by the permittee to the Director or initial recipient as defined in 40 CFR 127.2(b) in compliance with this section and 40 CFR Part 3 (including, in all cases, subpart D to Part 3), §122.22, and 40 CFR Part 127. Part 127 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part 127, permittees may be required to report electronically if specified by a particular permit or if required to do so by state law.
EPA provides permit coverage for classes of point source discharges that occur in areas where EPA is the NPDES permitting authority. The geographic coverage of the 2026 PGP is listed below. This permit applies in all areas of Indian Country that are not covered by an EPAapproved permitting program and all Lands of Exclusive Federal Jurisdiction.
MAG87#### Massachusetts, including Indian Country within Massachusetts
CTG87###E
Indian Country within Connecticut
NHG87#### New Hampshire
RIG87###E Indian Country within Rhode Island
VTG87###E Federal facilities within Vermont
01G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
01G87#### All Lands of Exclusive Federal Jurisdiction
NYG87###E Indian Country within New York State
PRG87#### Puerto Rico
02G87####E All areas of Indian Country not identified above that are not covered by an EPA-
approved permitting program
02G87####
All Lands of Exclusive Federal Jurisdiction
DCG87#### The District of Columbia
DEG87###E Federal facilities within Delaware
VAG87###E Indian Country within Virginia
03G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
03G87#### All Lands of Exclusive Federal Jurisdiction
ALG87###E Indian Country within Alabama
FLG87###E Indian Country within Florida
MSG87###E Indian Country within Mississippi
NCG87###E Indian Country within North Carolina
04G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
04G87####
All Lands of Exclusive Federal Jurisdiction
ILG87###E Indian Country within Illinois
ING87###E Indian Country within Indiana
MIG87###E Indian Country within Michigan
MNG87###E Indian Country within Minnesota, excluding Fond du Lac Reservation and Leech Lake Band of Ojibwe
WIG87###E Indian Country within Wisconsin, excluding Lac du Flambeau Band of Lake Superior Chippewa Indians, Bad River Band of Lake Superior Tribe of Chippewa Indians, and Sokaogon Chippewa Community
05G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
05G87#### All Lands of Exclusive Federal Jurisdiction
LAG87###E Indian Country within Louisiana
NMG87#### New Mexico, including Indian Country within New Mexico, except Navajo Reservation (see Region 9) and Ute Mountain Reservation (see Region 8)
OKG87###E Indian Country within Oklahoma
TXG87###E Indian Country within Texas
06G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
06G87#### All Lands of Exclusive Federal Jurisdiction
IAG87###E Indian Country within Iowa
KSG87###E Indian Country within Kansas
NEG87###E Indian Country within Nebraska, except Pine Ridge Reservation (see Region 8)
07G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
07G87#### All Lands of Exclusive Federal Jurisdiction
COG87###E Federal facilities within Colorado and Indian Country within Colorado as well as the portion of the Ute Mountain Reservation located within New Mexico, excluding Southern Ute Indian Tribe
MTG87###E Indian Country within Montana
NDG87###E Indian Country within North Dakota
SDG87###E Indian Country within South Dakota as well as the portion of the Pine Ridge Reservation located within Nebraska (see Region 7)
UTG87###E Indian Country within Utah, except Goshute and Navajo Reservation (see Region 9)
WYG87###E Indian Country within Wyoming
08G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
08G87####
All Lands of Exclusive Federal Jurisdiction
Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah and Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley Reservation in Idaho, and the Fort McDermitt Reservation in Oregon
ASG87#### The Island of American Samoa
AZG87###E
Indian Country within Arizona, as well as Navajo Reservation within New Mexico (see Region 6) and Utah (See Region 8)
CAG87###E Indian Country within California, excluding Hoopa Valley Tribe, Kletsel Dehe Wintun Nation, Morongo Band of Mission Indians, and Big Pine Paiute Tribe of the Owens Valley
GUG87#### The Island of Guam
JAG87#### Johnston Atoll
MWG87#### Midway Island, Wake Island, and other unincorporated U.S. possessions
MPG87####
Commonwealth of the Northern Mariana Islands
NVG87###E Indian Country within Nevada, as well as the Duck Valley Reservation within Idaho, the Fort McDermitt Reservation within Oregon (see Region 10) and the Goshute Reservation within Utah (see Region 8)
09G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
09G87#### All Lands of Exclusive Federal Jurisdiction
AKG87###E Indian Country within Alaska
IDG87###E Indian Country within Idaho, except Duck Valley Reservation (see Region 9)
ORG87###E Indian Country within Oregon, except Fort McDermitt Reservation (see Region 9)
WAG87###E Federal Facilities within Washington and Indian Country within Washington where there is no EPA-approved permitting program (e.g., the Puyallup Tribal trust lands within the 1873 survey area of the Puyallup Reservation)
10G87####E All areas of Indian Country not identified above that are not covered by an EPA- approved permitting program
10G87####
All Lands of Exclusive Federal Jurisdiction
Part 7.8 requires you to use the NPDES eNOI Tool (NeT) to prepare and submit your NOI unless the electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use a paper NOI form, and you elect to use it, you must complete and submit the following form.
Form Approved
OMB No.
2040-0004
Submission of this completed Notice of Intent (NOI) constitutes notice that the Operator identified in Section B intends to be authorized to discharge pollutants to waters of the United States within the pest management area identified in Section C under EPA's Pesticide General Permit. Submission of this NOI constitutes notice that the party identified in Section B of this form has read, understands, and meets the eligibility conditions of Part 1 of the permit; agrees to comply with all applicable terms and conditions of the permit; and understands that continued authorization under the permit is contingent on maintaining eligibility for coverage. To be granted coverage, all information required on this form must be completed. Please read and make sure you comply with all permit requirements, including the requirement for large entities to prepare a Pesticide Discharge Management Plan (PDMP) prior to NOI submittal. Refer to the instructions at the end of this form to complete your NOI.
Has the EPA Regional Office granted you a waiver from electronic reporting*?
[ ] YES
[ ] NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
[ ] The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
[ ] The Decision-maker has limitations regarding available computer access or computer capability.
Name of EPA staff person who granted the waiver:
Date approval obtained:
/
/
*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOI form. If you have not obtained a waiver, you must file this form electronically using EPA's NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting.
Mark whether this is the first time you are requesting coverage under the 2026 PGP, or if this is a change of information for a discharge already covered under the 2026 PGP. If this is a change of information, supply the NPDES permit tracking number for the discharge.
[ ] a. Original NOI Submission
[ ] b. NOI Change of Information:
(NPDES Permit Tracking Number)
Please note: When selecting A.1.b please fill out Section B (Operator Name and Mailing Address) and the fields of the NOI that need to be modified.
Operator Name:
Operator Type (check one) and NAICS Code:
[ ] a. Federal government
[ ] b. State government
[ ] c. Local government
[ ] d. Mosquito control district (or similar)
[ ] e. Irrigation control district (or similar)
[ ] f. Weed control district (or similar)
[ ] g. Other: If other, provide brief description of
type of Operator:
NAICS Code (if available):
Are you a large entity as defined in Appendix A of the permit? (check one):
[ ] Yes
[ ] No
Please note: If you answer 'Yes' to question 3 you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit an Annual Report reflecting all pesticide uses for which you are requesting permit coverage under this NOI.
In which state are your pest management areas located? Please specify only one state per NOI:
Mailing Address:
a. Street:
b. City:
c. State:
d. ZIP Code:
-
-
-
Ext
f. Fax:
-
-
g. Contact Name:
h. E-mail:
Pest Management Area #___ of ##___
Provide a map with geospatial data of the location of the pest management area, including latitudes and longitudes, using the tools available on the pesticide permitting website at https://www.epa.gov/npdes/pesticide-permitting-esa-procedures.
Are any of your activities (in this pest management area) for which you are requesting coverage under this NOI occurring on Indian Country?
[ ] Yes
No If yes, identify the reservation or otherwise describe those areas:
_________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________
Are any of your activities (in this pest management area) for which you are requesting coverage under this NOI occurring on areas considered 'federal
facilities' as defined by the permit? Yes No
a. If you are on federal land, are you on a Land of Exclusive Federal Jurisdiction?
[ ] Yes
[ ] No
[ ] I don't know or Other
b. If you selected 'I don't know or Other', describe the pest management area and attach the information to this NOI form.
Mailing address and contact information of the pesticide Applicator (or check here
[ ] if same as provided in Section B):
a. Street:
b. City:
[ ] c. State:
d. ZIP Code:
-
-
-
Ext
f. Fax:
-
-
g. Contact Name:
h. E-mail:
Pesticide Use Patterns to be included in this pest management area (check all that apply):
[ ] a. Mosquito and Other Flying Insect Pest Control
[ ] b. Weed and Algae Pest Control
[ ] c. Animal Pest Control
[ ] d. Forest Canopy Pest Control
Receiving Waters (check one):
[ ] a. Coverage requested for all waters of the United States within the pest management area identified above.
[ ] b. Coverage requested specifically for the following waters of the United States within the pest management area identified above.
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________
Is coverage requested for discharge to a Tier 2, Tier 2.5 or Tier 3 water (Outstanding National Resource Water) of the United States? (check one)
[ ] Tier 2
[ ] Tier 2.5
[ ] Tier 3
If the discharge is to Tier 3 water of the United States, answer a and b:
a. Name of Tier 3 water(s): _________________________________________________________________________________________________
b. Provide rationale for determination that pesticide discharge is necessary to protect water quality, the environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis. Attach rationale to this NOI form.
Operators are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the United States if the waters are identified as impaired by a substance which is either an active ingredient of the pesticide designated for use or is a degradate of such an active ingredient. See Part 1.1.2.1 of the permit. Is coverage requested for discharge to impaired waters? Check one:
[ ] a. Waters are impaired for pesticides generally or a group of pesticides (e.g., herbicides, insecticides).
[ ] b. Waters are impaired for an active ingredient of a pesticide or a degradate of such an active ingredient, however, waters are NOT impaired by any substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient.
[ ] c. Waters are on a current state list as being impaired by a substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient; however, evidence is attached documenting that the waters are no longer impaired.
Pest Management Area #___ of ##___
Identify the criterion for which you are eligible for permit coverage as it applies to Federally-Listed Threatened or Endangered Species (i.e., Species) and/or Federally-Designated Critical Habitat (i.e., Habitat). A step-by-step guide for determining eligibility is provided in Appendix I of the PGP. Decision- makers are encouraged to use the Endangered Species Act (ESA) eligibility worksheet in Appendix I to help organize the information for preparing this NOI. To be eligible, Decision-makers must meet one of the six eligibility criteria (A-G) for the entire term of coverage under the permit and are required to provide the supporting documentation with the NOI. All criteria require submission with the NOI of a map with geospatial data using the EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures that includes the Project Action Area showing any overlap with FWS Listed Resources of Concern and NMFS Listed Resources of Concern and generated within 90 days of NOI submittal. Check one:
[ ] a. Criterion A - Pesticide application activities will not result in a point source discharge to one or more waters of the United States or involve discharge- related activities that may expose Fish and Wildlife Service (FWS) Listed Resources of Concern and National Marine Fisheries Service (NMFS) Listed Resources of Concern to pollutants. If this pesticide application is in response to a Declared Pest Emergency Situation, see Criterion G.
[ ] You are required to provide a map with geospatial data of the Project Action Area, including the pest management area, and a list of FWS Listed
Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal that show there are no FWS Listed Resources of Concern and NMFS Listed Resources of Concern in the Project Action Area using the EPA geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures .
[ ] b. Criterion B - This Criterion intentionally left blank.
[ ] c. Criterion C - Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States and/or involve discharge-related activities that may expose FWS Listed Resources and/or NMFS Listed Resources of Concern to pollutants, but all 'take' of these resources associated with such pesticide application activities has been authorized through FWS' and/or NMFS' issuance of a permit under Section 10 of the ESA, and such authorization addresses the effects of the pesticide discharges to waters of the United States and discharge- related activities on federally-listed species and federally-designated critical habitat based on a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal. (The term 'take' means to harass, 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).)
You are required to provide any tracking numbers of identifiers associated with the section 10 permit, the date the Section 10 permit was granted, whether the permit was granted by FWS and/or NMFS, the field office/regional office(s) granting the permit, the period of coverage provided by the permit, and a statement verifying that the Section 10 permit fully covers the proposed pesticide application activities in the Project Action Area. Attach additional pages as necessary. See Appendix I of the PGP for the worksheet to help organize the supporting documentation needed for Criterion C.
[ ] d. Criterion D - Pesticide application activities for which permit coverage is being requested will discharge to one or more receiving waters of the United States and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants, but consultation with FWS and/or NMFS under Section 7 of the ESA has been concluded for pesticide application activities covered under the PGP. 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 to waters of the United States covered by the PGP and discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat based on the list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern generated within 90 days of NOI submittal. The consultation must have resulted in either:
i. A biological opinion from FWS and/or NMFS finding no jeopardy to federally-listed species and no destruction/adverse modification of federally- designated critical habitat and the Reasonable and Prudent Measures to minimize take have been or are in the process of being implemented in accordance with the biological opinion; or
ii. Written concurrence from FWS and/or NMFS with a finding that the pesticide discharges to waters of the United States and discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat.
You are required to provide any tracking numbers of identifiers associated with the consultation (e.g., IPaC number, ECO number, ECOSphere codes), the Services field office/regional office(s) providing the consultation, any copies of supporting correspondence with FWS and/or NMFS, identification of the federal action agency(ies) involved, the date the consultation was completed, the period of coverage provided by the consultation, and a statement verifying that the consultation fully covers the proposed pesticide application activities in the Project Action Area. Attach additional pages as necessary. See Appendix I of the PGP for the worksheet to help organize the supporting documentation needed for Criterion D.
You are required to attach the written supporting correspondence from FWS and/or NMFS and a statement verifying that the coordination fully covers the proposed pesticide application activities in the Project Action Area. Eligibility under this criterion is contingent upon the Decision-maker following the measures described in correspondence from FWS and/or NMFS designed to avoid or eliminate the likelihood of any short- or long-term adverse effects. See Appendix I of the PGP for the worksheet to help identify the supporting documentation needed for Criterion E.
You are required to provide the supporting documentation by completing question 2 below for each individual listed species and designate critical habitat. See Appendix I of the PGP for the worksheet to help organize the supporting documentation needed for Criterion F.
You are required to provide the supporting documentation by completing question 2 below and providing a statement verifying the notification and coordination with FWS and/or NMFS . See Appendix I of the PGP for the worksheet to help organize the supporting documentation needed for Criterion G.
If you checked Criterion F or Criterion G above, provide the following information for all discharges to waters of the United States and/or involve discharge-related activities that may expose FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern to pollutants, including all IPaC resource lists identified within the Project Action Area for the pest management area for which permit coverage is being requested. Provide information to demonstrate the basis for your finding for each individual listed species or designated critical habitat. For discharges pursuant to Criterion
G , Declared Pest Emergency Situations, information for items a through g should also include any discharges that have already occurred prior to NOI submission as well as the activities you performed in the 15 or 30 day period before submission of this NOI was required. In some cases, implementation of Pest Management Measures as specified in the permit involves a degree of 'adaptive management' such that exact timing and quantities of applications cannot be determined in advance for the duration of the permit. In such cases, the permittee must provide the required information to the extent feasible and consistent with the implementation of the selected Pest Management Measures. See Appendix I of the PGP for the worksheet to help organize the supporting documentation needed for Criterion F and Criterion G
a. Provide a map with geospatial data of the Project Action Area, including the pest management area, and a list generated within 90 days of NOI submittal that shows all FWS Listed Resources of Concern and NMFS Listed Resources of Concern in the Project Action Area using the EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures .
b. Target Pest(s):
c. Pesticide product(s) to be discharged and method of application: _________________________________________________________________
d. Planned quantity and rate of discharge(s) for each method of application: __________________________________________________________
e. Number of planned discharges: ____________
f. Approximate date(s) of planned discharge(s): _________________________________________________________________________________
g. Your rationale supporting your determination for each individual listed species and designated critical habitat that you meet the criterion for which you are submitting this NOI. For example, your determination may rely on the specific BMPs applied, visual monitoring, equipment and/or site inspections, and other appropriate measures that will be undertaken to avoid or eliminate the likelihood of any short- or long-term adverse effects to all FWS Listed Resources of Concern and NMFS Listed Resources of Concern. For certifications pursuant to Criterion G , indicate whether the discharge is likely to result in any short- or long-term adverse effect to FWS Listed Resources of Concern and NMFS Listed Resources of Concern in response to a pest emergency and, if so, any feasible measures to avoid or eliminate such short- or long-term adverse effects; for example, it is not sufficient to state that 'integrated pest management procedures will be applied' without describing the specific measures to be taken. Include a statement verifying your notification and coordination with FWS and NMFS. The notification must be in the form of an email that identifies the appropriate FWS, NMFS and EPA contact(s) and includes a description of the action, a map with geospatial data of the Project Action Area, and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area or a list from the EPA's geospatial mapping tool showing no FWS Listed Resources of Concern and NMFS Listed Resources of Concern occur in the Project Action Area. (attach additional pages as necessary):
_____________________________________________________________________________________________________________________
E. ATTACHMENTS: Select documents you are attaching to this NOI form.
[ ] Question C.3, Land of Exclusive Federal Jurisdiction
[ ] Question C.7,b, Tier 3 Waters
[ ] Question C.8,b, Water Quality, Impaired Waters
[ ] Question D, Endangered Species Protection.
[ ] Criterion A.
[ ] Criterion C.
[ ] Criterion D.
[ ] Criterion E.
[ ] Criterion F.
[ ] Criterion G.
[ ] Question D, ESA Criterion Selection Worksheet. See Appendix I
[ ] Pesticide Discharge Management Plan
Others: _________________________________________________________________________________________________________
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other that true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:
Title:
E-Mail:
Signature/Responsible Official:
Date:
/
/
NOI Preparer (Complete if NOI was prepared by someone other than the certifier)
Preparer Name:
Organization:
Phone:
-
-
Ext
Date:
/
/
E-Mail:
Any Operator, as described in Part 1.2.2 of the permit and meeting the eligibility requirements identified in Part 1.1 of the permit and Table 1-1 below must submit a complete and accurate NOI. As required in the permit, only certain Decision-makers must submit NOIs. All Operators with discharges covered by this permit and discharge-related activities that overlap with U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) Listed Resources of Concern are required to submit an NOI. See Part 1.1.2.4, Table 1-1, and Appendix I for the information Decision-maker must submit with their NOI and for Endangered Species Act (ESA) eligibility criteria that must be met.
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, including application of a pesticide as part of pesticide research and development, that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants | Activities resulting in a discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutant |
| 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 activities resulting in a discharge for which the Federal or State agency is responsible for pest control. |
| 1.1.1(a) - Mosquito and Other Flying Insect Pest Control | Mosquito control districts, or similar pest control districts. | All activities resulting in a discharge for which the Decision-maker is responsible for pest control. |
| 1.1.1(a) - Mosquito and Other Flying Insect Pest Control | Local governments or other entities who 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 activities resulting in a discharge for which the Federal or State agency is responsible for pest control. |
| 1.1.1(b) - Weed and Algae Pest Control | Irrigation and weed control districts, or similar pest control districts. | All activities resulting in a discharge for which the Decision-maker is responsible for pest control. |
| 1.1.1(b) - Weed and Algae Pest Control | Local governments or other entities who 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 activities resulting in a discharge for which the Federal or State agency is responsible for pest control. |
| 1.1.1(c) - Animal Pest Control | Local governments or other entities who 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 activities resulting in a discharge for which the Federal or State agency is responsible for pest control. |
| 1.1.1.(d) - Forest Canopy Pest Control | Local governments or other entities who exceed the annual treatment area threshold identified here. | Treatment if more than 6,400 acres during a calendar year. |
One NOI can be submitted for multiple pest management areas in a state for which you are seeking permit coverage; however, no more than one state can be included on any single NOI form.
Do not file your NOI until you have obtained and thoroughly read a copy of the permit. A copy of the permit is on EPA's website (https://www.epa.gov/npdes/pesticidepermitting).The permit describes procedures to ensure your eligibility, prepare the ESA eligibility worksheet (Appendix I), prepare your Pesticide Discharge Management Plan (PDMP), and complete the NOI form questions-all of which must be done before you sign the NOI certification statement attesting to the accuracy and completeness of your NOI. You will also need a copy of the permit once you have obtained coverage so that you can comply with the implementation requirements of the permit. Note: PDMP is not required for 1) any application made in response to a Declared Pest Emergency Situation, as defined in Appendix A of the permit; and 2) any Decision-maker who is required to submit an NOI solely because their application results in a point source discharge to waters of the United States that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants.
Approval to Use Paper NOI Form : Note that you are not authorized to use this paper NOI form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided.
For any discharges after October 31, 2026: Decision-makers meeting the eligibility requirements identified in the Part 1.1 of the permit and Table 1-1 must submit a complete and accurate NOI according to Table 1-2 and Table 1-3 and consistent with the requirements of Part 1.2 of the permit. Note: NOIs submitted under the 2021 PGP are automatically terminated at 11:59 p.m. on October 30, 2026. Decision-makers who are required to submit an NOI must submit a new NOI to obtain coverage under the 2026 PGP.
Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the Application of Pesticides 1
| Operator Type | NOI Submission Deadline | Discharge Authorization Date 2 |
|---|---|---|
| Any Decision-maker with any discharge to waters of the United States and/or discharge- related activities that may expose FWS Listed Resources of Concerns or NMFS Listed Resources of Concern to pollutants, except for those discharges in response to a Declared Pest Emergency Situation. | At least 30 days before any discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. 5 | No earlier than 30 days after EPA posts on the Internet a receipt of a complete and accurate NOI. 3, 5 |
| Any Decision-maker with a discharge in response to a Declared Pest Emergency Situation for which that activity triggers the NOI requirement identified in Part 1.2.2, except for any discharges to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. | No later than 30 days after beginning 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. Note: Decision- makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker with any discharge to waters of the United States and/or discharge- related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, in response to a Declared Pest Emergency Situation. | No later than 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 Note: Decision- makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Operator Type | NOI Submission Deadline | Discharge Authorization Date 2 |
|---|---|---|
| Any Decision-maker who 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. |
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 that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker discharging to a Tier 3 water not identified by name on a previously submitted NOI for this permit, except for discharges to Tier 3 waters that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants. | 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
| Any Decision-maker with any discharge to waters of the United States and/or discharge- related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, 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 treatment area that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants 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. Note: For Declared Pest Emergency Situation, Decision-makers must notify and begin to coordinate with FWS and NMFS prior to discharge. |
The Decision-maker must prepare and submit the NOI using EPA's NPDES eReporting Tool (NeT) available on EPA's website (https://www.epa.gov/npdes/pesticide-permitting)) unless the Decision-maker is granted PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this a waiver from the requirement to use NeT for submission of the NOI. See Part 8 of the form.
EPA will immediately post on EPA's Website all NOIs received. Late NOIs will be accepted, but authorization to discharge will not be retroactive.
If you are granted a waiver from using NeT; you must send the NOI form to one of the addresses listed below.
United States Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, DC 20460
Via overnight/express delivery: United States Environmental Protection Agency Office of Water, Water Permits Division EPA East Building - Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, DC 20004
If you have questions about whether you need to file a Notice of Intent or questions about completing the form, see https://www.epa.gov/npdes/pesticide-permitting or contact the NPDES eReporting help desk at (877) 227-8965 or Email at NPDESeReporting@epa.gov.
If you file a paper NOI, submit the original with a signature in ink. Do not send copies. Also, faxed copies will not be accepted.
If you are required to develop a PDMP, you must submit it with the NOI.
To complete this form, type or print in uppercase letters in the appropriate areas only. Please make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You may also use this paper form as a checklist for the information you will need when filing an NOI electronically via EPA's NPDES eReporting Tool (NeT).
you are submitting NOIs for multiple pest management areas, enter the number for the NOI for which you are requesting coverage followed by the total number of pest management areas for which you are requesting coverage. Enter the name of the pest management area. Attach a map with geospatial data of the pest management area. Mapping tools are available at https://www.epa.gov/npdes/pesticidepermitting-esa-procedures. If EPA's geospatial mapping tool is not available, indicate the Latitude and Longitude of the pest management area. The format for this data element is decimal degrees ( e.g., 38.893829) and the WGS84 standard coordinate system. To describe two-dimensional area (polygon), use multiple latitude and longitude coordinates.
Identify the pest management areas, corresponding to those in Part C.
If your discharge is in response to a Declared Pest Emergency Situation, prior to any discharge to waters of the United States and discharge-related activities under Criterion G, Decision-makers must notify and coordinate with FWS and NMFS to be eligible for coverage. Notification shall occur and coordination shall begin as soon as possible after determining that pesticide application is required in response to a Declared Pest Emergency Situation. The notification must be in the form of an email that identifies the appropriate FWS, NMFS and EPA contact(s) and include a description of the action, the pest management area and Project Action Area map, and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area or the list from EPA's geospatial mapping tool showing no FWS Listed Resources of Concern and NMFS Listed Resources of Concern occur in the Project Action Area.
EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under Criterion C, D, or E (for which FWS and/or NMFS has already evaluated the effects of these discharges). If you certify under one of these criteria and do not hear from EPA within 30 days, you may assume your discharge is authorized.
Indicate attachments you are submitting with your NOI in this section. If you are attaching a document that is not listed, indicate other and provide a description of the document.
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation : by a responsible corporate officer, means:
For a partnership or sole proprietorship : by a general partner or the proprietor; or For a municipal, state, federal, or other public facility : by either a principal executive or ranking elected official.
If the NOI was prepared by someone other than the certifier (for example, if the NOI was prepared by the PDMP contact or a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the NOI preparer.
The public reporting and recordkeeping burden for this collection of information is estimated to average 2.5 hours or 150 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed NOI form to that address.
Part 7.8 requires you to use the NPDES eNOI System to prepare and submit your Notice of Termination (NOT) unless the electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use a paper NOT form, and you elect to use it, you must complete and submit the following form.
NOTICE OF TERMINATION (NOT) OF COVERAGE UNDER THE PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES
Form Approved OMB No. 2040-0004
Has the EPA Regional Office granted you a waiver from electronic reporting*?
[ ] YES
[ ] NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
[ ] The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under- served for broadband Internet access in the most recent report from the Federal Communications Commission.
[ ] The Decision-maker has limitations regarding available computer access or computer capability.
Name of EPA staff person who granted the waiver:
Date approval obtained:
/
/
•
*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOT form. If you have not obtained a waiver, you must file this form electronically using EPA's NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting.
A. Permit Information
NPDES Permit Tracking Number:
Reason for termination (check one only):
[ ] a. You have ceased all discharges from the application of pesticides for which you obtained permit coverage and you do not expect to discharge during the remainder of the permit term.
[ ] b. You have obtained permit coverage under an NPDES individual permit or alternative NPDES general permit for all pesticide discharges requiring NPDES permit coverage.
[ ] c. A new Operator has taken over decision-making responsibility for the pest control activities covered under an existing NOI. Provide the transfer date and the new Operator information.
Date of transfer:
/
/
New Operator Name:
Street:
City:
State:
ZIP Code:
-
Telephone:
-
-
Ext.
E-mail:
B. Operator Information
Operator Name:
Mailing Address:
Street:
City:
State:
ZIP Code:
-
Telephone:
-
-
Ext.
E-mail:
I certify under penalty of law that I have met at least one of the reasons for terminating permit coverage listed in Section A above. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge pesticides to waters of the United States. This document and all attachments were prepared under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge than the information submitted is other that true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. Additionally, I understand that the submittal of this Notice of Termination does not release a pesticide Operator from liability for any violations of the Clean Water Act.
Printed Name:
Title:
E-Mail:
Signature/Responsible Official:
Date:
/
/
NOT Preparer (Complete if NOT was prepared by someone other than the certifier)
Preparer Name:
Organization:
Phone:
-
-
Ext.
Date:
/
/
E-Mail:
Any Operator required to submit a Notice of Intent (NOI) is required to submit a Notice of Termination (NOT) to end coverage under this permit. However, if EPA notifies the Operator to apply for an NPDES individual permit or alternative general permit, coverage under this permit terminates automatically. Dischargers automatically covered under this permit as identified in Part 1.2.3 of the permit are likewise automatically terminated upon permanent cessation of discharge consistent with any of the criteria identified in Part 1.2.5.3 of the permit. As required in the permit, only certain Operators who are also Decision-makers must submit NOIs. Note: NOI s submitted under the 2021 PGP are automatically terminated at 11:59 p.m. on October 30, 2026. Decision-maker who are required to submit an NOI must submit a new NOI to obtain coverage under the 2026 PGP.
If you have questions about whether you need to file an NOT or questions about completing the form, see https://www.epa.gov/npdes/pesticide-permitting or contact the NPDES eReporting help desk at (877) 227-8965 or Email at NPDESeReporting@epa.gov.
Operators must file the NOT form within 30 days after one or more of the conditions in Part 1.2.5.2 of the permit have been met.
Approval to Use Paper NOT Form: Note that you are not authorized to use this paper NOT form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided.
Consistent with Part 1.2.5.1 of the permit, the Operator must submit the NOT using EPA's NPDES eReporting Tool (NeT) available on EPA's website (https://www.epa.gov/npdes/pesticide-permitting) unless the Operator is granted a waiver from the requirement to use NeT for submission of the NOT. See Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this NOT form.
Filing electronically is the fastest way to terminate permit coverage and help ensure that your NOT is complete.
If you are granted a waiver from using NeT; you must send the NOT form to one of the addresses listed below.
United States Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, DC 20460
Via overnight/express delivery: United States Environmental Protection Agency Office of Water, Water Permits Division EPA East Building - Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, DC 20004
If you file a paper NOT, submit the original form with a signature in ink. Do not send copies. Also, faxed copies will not be accepted.
To complete this form, type or print in uppercase letters in the appropriate areas only. Make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You can also use this paper form as a checklist for the information you will need when filing an NOT electronically via EPA's NPDES eReporting Tool (NeT).
Carefully read the certification statement. By completing and submitting the NOT, the Operator certifies that the Operator is no longer authorized to discharge pesticides to waters of the United States. Provide the printed full legal name, title and email address of the certifier. Sign and date the form. (CAUTION: An unsigned or undated NOT form will prevent the termination of permit coverage.) Federal statutes provide for severe penalties for submitting false information on this application form. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, which means:
(i) president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility: by either a principal executive or ranking elected official.
If the NOT was prepared by someone other than the certifier (for example, if the NOT was prepared by the PDMP contact or a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the NOT preparer.
The public reporting and recordkeeping burden for this collection of information is estimated to average 0.5 hours or 30 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed NOT form to that address.
Any Operator, who is a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity as defined in Appendix A of the permit may complete this Pesticide Discharge Evaluation Worksheet (PDEW) to meet the requirements of Part 7.3 of the PGP.
Form Approved OMB No.
2040-0004
This worksheet is for any Operator who is also a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity, as defined in Appendix A of the Pesticide General Permit (PGP). The information on this worksheet must be retained for each pesticide application activity.
NPDES Permit Tracking Number:
Worksheet Preparer Name:
Pest Management Area:
[ ] # __ of ## ____
Pest Management Area Name: ________________________________________________________________________________________
Indicate the pesticide use pattern for the pest management area:
[ ] a. Mosquito and Other Flying Insect Pests
[ ] b. Weed and Algae Pests
[ ] c. Animal Pests
[ ] d. Forest Canopy Pests
For each treatment area (use additional pages for each treatment area):
a. Provide a description of the treatment area within this pest management area, including location description:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
b. Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet.
c. Name or location of any waters of the United States to which discharges occurred:
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Company Name:
Street:
City:
Zip Code:
-
Contact Name:
Phone:
-
-
Ext.
E-mail:
/
/
Pesticide application end date:
[ ] / /
Name of each pesticide product used, EPA registration number, and quantity of pesticide applied (as packaged or as formulated): Circle lbs or gallons.
Product Name
Product Name
Product Name
EPA Reg. No.
EPA Reg. No.
EPA Reg. No.
Quantity (lbs or gallons)
Quantity (lbs or gallons)
Quantity (lbs or gallons)
Application method:
____________________________
Application method:
____________________________
Application method:
___________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
Were any adverse effects identified during visual monitoring?
[ ] Yes.
[ ] No. If yes, describe.
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information contained is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge than the information submitted is other that true, accurate, and complete. I am aware that there are significant penalties for recording false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:
Title:
E-Mail:
Signature/Responsible Official:
Date:
/
/
Pesticide Discharge Evaluation Worksheet Preparer (Complete if worksheet was prepared by someone other than the certifier)
Preparer Name:
Organization:
Phone:
-
-
Ext.
Date:
/
/
E-Mail:
Any Operator, who is a Decision-maker required to submit a Notice of Intent (NOI) and is a small entity as defined in Appendix A of the permit may complete this Pesticide Discharge Evaluation Worksheet (PDEW) to meet the requirements of Part 7.3 of the PGP.
Pest management area, as defined in Appendix A of the permit, can be a large area (e.g., an entire town) or a very specific well-defined management area (e.g., a lake). Thus, a pest management area can have one or more treatment areas. Operators required to retain the information contained on this worksheet must do so for each treatment area. For treatment areas with the same or similar pests, the Operator can use one worksheet to document pest management activities for those multiple treatment areas.
Before any pesticide application, any Operator using this form to meet its obligations under the PGP must complete Section B of this worksheet. Section C, except for the pesticide application end date and total quantity of pesticide applied, must be completed as soon as possible but no later than 14 days after the first pesticide application. The total quantity of pesticide applied and the pesticide application end date must be completed as soon as possible but no later than 14 days after completion of pesticide application for this project.
Any Operator using this form to meet its obligations under the PGP must retain this worksheet for at least 3 years from the date that coverage is granted under the PGP or when the permit expires or is terminated. These Operators must make this worksheet available to EPA, including an authorized representative of EPA, upon request.
To complete this form, type or print in uppercase letters in the approriate areas only. Make sure you complete all questions.
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation : by a responsible corporate officer, means:
For a partnership or sole proprietorship : by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility : by either a principal executive or ranking elected official.
If the PDEW was prepared by someone other than the certifier (for example, if the PDEW was prepared by a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the PDEW preparer.
The public reporting and recordkeeping burden for this collection of information is estimated to average 1 hour or 60 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Pesticide Discharge Evaluation Worksheet to this address.
Part 7.8 requires you to use EPA's NPDES eReporting Tool (NeT) to prepare and submit your Annual Report unless the electronic system is unavailable. If you are given a waiver by the EPA Regional Office to use a paper Annual Report form, and you elect to use it, you must complete and submit the following form.
Form Approved OMB No. 2040-0004
This form is for any Operator who is a Decision-maker required to submit an NOI. The annual report must be submitted no later than February 15 of the following year for all pesticide activities covered under the permit occurring during the previous calendar year as detailed in Part 7 of the permit.
Has the EPA Regional Office granted you a waiver from electronic reporting*?
[ ] YES
[ ] NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
[ ] The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
[ ] The Decision-maker has limitations regarding available computer access or computer capability.
Name of EPA staff person who granted the waiver:
Date approval obtained:
/
/
*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper annual reporting form. If you have not obtained a waiver, you must file this form electronically using EPA's NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting.
A. General Information - For pesticides activities in calendar year:
NPDES Permit Tracking Number:
Operator Name:
Operator Contact Information:
a. Street:
b. City:
[ ] c. State:
d. ZIP Code:
-
-
-
Ext
f. Fax:
-
-
Contact Information:
a. Contact Name:
b. Title:
c. E-mail:
Was an adverse incident observed and/or corrective actions taken for any pest management area for which you have coverage under the permit?
[ ] a. No adverse incidents were observed or no corrective action was taken. (Proceed to Section C)
[ ] b. Yes, an adverse incident was observed and/or a corrective action was taken. (Complete questions 2-6 for each pest management area in which adverse incidents were observed or corrective actions were taken. Copy this section for additional pest management areas).
Pest Management Area #____ of ##____
Pest Management Area Name: ___________________________________________________________________________________________________
If applicable, provide the date for any adverse incidents as a result of those treatment(s), as described in Part 6.4 of the permit (use additional pages, if needed):
Date of adverse incident observation:
/
/
/
/
a. Date:
c. Who the Operator spoke with at EPA: ________________________________________
b.
Time: ___________________________________________
________________________________________________________________________
________________________________________________________________________
/
/
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
Pest Management Area
[ ] #
[ ] of ##
Have any discharges from pest control activities occurred in this calendar year?
[ ] a. No discharge from pest control activities this calendar year. Note: Checking this box completes Section C if you had no discharge from pest control activities this year. Proceed to section D.
[ ] b. Yes. Proceed to question 2.
For each treatment area (use additional pages for each treatment area):
Indicate the pesticide use pattern for the treatment area:
[ ] a. Mosquito and Other Flying Insect Pest Control
[ ] b. Weed and Algae Pest Control
[ ] c. Animal Pest Control
[ ] d. Forest Canopy Pest Control
Description of treatment area:
a. Provide a map with geospatial data of the treatment area within this pest management area, using the tools at https://www.epa.gov/npdes/pesticide-permitting-esa-
procedures. ________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
b. Size of treatment area (in acres or linear feet): _____ acres or ______ linear feet.
c. Name or location of any waters of the United States to which discharges occurred:
________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________
Target Pest(s): ___________________________________________________________________________________________________________________
FWS Listed Resources of Concern
No If yes, approximate date(s) of any discharges: ______________________________________________
____________________________________________________________________________________________________________________________
NMFS Listed Resources of Concern
No If yes, approximate date(s) of any discharges: _____________________________________________
____________________________________________________________________________________________________________________________
f. Was visual monitoring conducted during pesticide application?
[ ] Yes. Record including the date, time and location where visual monitoring was conducted is attached.
[ ] No. Explain why visual monitoring was not conducted:
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
g. Was visual monitoring conducted post pesticide application?
[ ] Yes. Record including the date, time and location where visual monitoring was conducted is attached.
[ ] No. Explain why visual monitoring was not conducted:
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
Company Name:
Street:
City:
State:
Zip Code:
-
Title:
-
-
Ext
E-mail:
Was this pest control activity addressed in your Pesticide Discharge Monitoring Plan (PDMP) before pesticide application:
[ ] Yes
[ ] No
[ ] Not Applicable
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:
Title:
E-Mail:
Signature/Responsible Official:
Date:
/
/
Annual Report Preparer (Complete if the Annual Report was prepared by someone other than the certifier)
Preparer Name:
Organization:
Phone:
-
-
Ext
Date:
/
/
E-Mail:
Product Name ___________________________
EPA Pesticide Registration Number:
Product Name __________________________
EPA Pesticide Registration Number:
Application method:
Quantity Applied (lbs or gallons of product):
Application method:
Quantity Applied (lbs or gallons of product):
[ ] a. Aerially by fixed-wing
[ ] b. Aerially by rotary aircraft
[ ] c. Land-based sprayer (includes backpack, land vehicle mounted sprayers, high pressure canopy sprayer)
[ ] d. Aquatic vehicle mounted sprayer
[ ] e. Direct mixture (includes metering, subsurface applications)
[ ] f. Chemigation
[ ] g.
[ ] Other (specify): _____________________
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons or briquettes
[ ] a. Aerially by fixed-wing
[ ] b. Aerially by rotary aircraft
[ ] c. Land-based sprayer (includes backpack, land vehicle mounted sprayers, high pressure canopy sprayer)
[ ] d. Aquatic vehicle mounted sprayer
[ ] e. Direct mixture (includes metering, subsurface applications)
[ ] f. Chemigation
[ ] g.
[ ] Other (specify): ___________________
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons
[ ] ______ lbs or gallons or briquettes
Regional Office. Note that you are not authorized to use this paper Annual Reporting form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided.
Section C should be completed for each pest management area. Indicate which pest management area out of the total number of pest management areas for which the section is being completed (i.e., Pest Management Area 1 of 10 total Pest Management Areas). This information must match the information provided on the NOI.
Any Operator who is a Decision-maker required to submit a Notice of Intent (NOI) and is a large entity as defined in Appendix A of the permit and any Decision-maker required to submit an NOI because of their application results in a discharge to waters of the United States and/or discharge-related activities that may expose FWS Listed Resources of Concern or NMFS Listed Resources of Concern to pollutants, must submit an annual report to EPA each calendar year. Once required to submit an annual report for one year, an annual report must be filed each subsequent year of this permit whether or not you have discharges from the application of pesticides in accordance with Parts 7.6 and 7.7 of the PGP.
Any Operator required to file an annual report must submit the annual report no later than February 15 of the following year for all pesticide activities covered under this permit occurring during the previous calendar year. If the Operator is required to submit an NOI based on an annual treatment area threshold, the annual report must include information for the calendar year, with the first annual report required to include activities for the portion of the calendar year after the point at which the Operator exceeded the annual treatment area threshold. If the Operator first exceeds an annual treatment area threshold after December 1 in a calendar year, an annual report is not required for that first partial year but annual reports are required thereafter, with the first annual report submitted also including information from the first partial year.
When Operator terminates permit coverage, as specified in Part 1.2.5 of the permit, an annual report must be submitted 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.
The Operator must prepare and submit the Annual Report using EPA's NPDES
eReporting Tool (NeT) available on EPA's website (https://www.epa.gov/npdes/pesticide-permitting) unless the Operator is granted a waiver from the requirement to use NeT for submitting the Annual Report. See Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this form.
If you are granted a waiver from using NeT; you must send the Annual Report to one of the addresses listed below.
Via United States Mail: United States Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, DC 20460
Via overnight/express delivery: United States Environmental Protection Agency Office of Water, Water Permits Division EPA East Building - Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, DC 20004
If you have questions about whether you need to file an annual report or questions about completing the form, see https://www.epa.gov/npdes/pesticidepermitting or contact the NPDES eReporting help desk at (877) 227-8965 or Email at NPDESeReporting@epa.gov.
If you file a paper Annual Report, please submit the original with a signature in ink. Do not send copies. Also, faxed copies will not be accepted.
To complete this form, type or print in uppercase letters in the appropriate areas only. Make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You may also use this paper form as a checklist for the information you will need when filing an Annual Report electronically via EPA's NPDES eReporting Tool (NeT).
Approval to Use Paper Annual Reporting Form: You must indicate whether you have been granted a waiver from electronic reporting from the EPA
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41.(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation : by a responsible corporate officer, means:
For a partnership or sole proprietorship : by a general partner or the proprietor; or
For a municipal, state, Federal, or other public facility : by either a principal executive or ranking elected official.
If the Annual Report was prepared by someone other than the certifier (for example, if the Annual Report was prepared by the PDMP contact or a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the Annual Report preparer.
The public reporting and recordkeeping burden for this collection of information is estimated to average 8 hours or 480 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Annual Report Form to this address.
FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES
This form is for Operators required to submit a written report of any reportable adverse incidents to the appropriate EPA Regional office and to the state lead agency for pesticide regulation. Where multiple Operators are authorized for a discharge that results in an adverse incident, reporting by any one of the Operators constitutes compliance for all of the Operators, provided a copy of this report is also provided to all of the other authorized Operators within 30 days of the reportable adverse incident.
Is the adverse incident reportable? Reporting of adverse incidents is not required under the PGP in the following situations: (a) An Operator is aware of facts that indicate that the adverse incident was not related to toxic effects or exposure from the pesticide application; (b) An Operator has been notified by EPA, and retains such notification, that the reporting requirement has been waived for this incident or category of incidents; (c) An Operator receives information of an adverse incident, but that information is clearly erroneous; or (d) An adverse incident occurs to pests that are similar in kind to potential target pests identified on the FIFRA label except as required in Part 6.4.3, Notification of Adverse Incident to Threatened or Endangered Species or Critical Habitat.
[ ] Yes. You must complete this report and submit it to the appropriate EPA Regional office and to the state lead agency for pesticide regulation.
[ ] No. STOP. You are not required to complete this report. However, you may consider using this form to document the incident and your rationale for why reporting of the adverse incident is not required. This information may be useful to support your rationale should you be questioned on such.
When an Operator observes or is otherwise made aware of an adverse incident, which may have resulted from a discharge from a pesticide application, the Operator must immediately notify the appropriate EPA Incident Reporting Contact, as identified at https://www.epa.gov/npdes/pesticide-permitting. This notification must be made by telephone within 24 hours of the Operator becoming aware of the adverse incident. Operators must include in the written report the information provided to EPA in the 24-hour adverse incident notification (PGP Part 6.4.1.1). Attach additional information if necessary.
Caller's Contact Information:
a. Name:
b. Telephone Number:
-
-
Ext
Operator Information:
a. Operator Name:
b. Mailing Address:
Street:
City:
ZIP Code:
-
(Enter 'NA' if not applicable)
Contact person, if different than the person providing the 24-hour notice under item 1 above:
a. Name:
b. Telephone Number:
-
-
Ext
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
Form Approved OMB No. 2040-0004
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
EPA Pesticide Registration Number:
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
C. Date and Time the Operator Notified EPA of the Adverse Incident
Date EPA was contacted:
/
/
Time EPA was contacted: ______________________________
Name and/or title of the person the Operator spoke with at EPA:
a. Name:
b. Title:
Instructions received from EPA:
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
Please attach additional information if necessary.
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
Pesticide application rate:
Pesticide application rate:
Intended use site:
Intended use site:
Method of application:
Method of application:
Pesticide Product:
Pesticide Product:
EPA Reg. No.:
EPA Reg. No.:
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I have no personal knowledge that the information submitted is other than true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:
Title:
E-Mail:
Signature/Responsible Official:
Date:
/
/
Adverse Incident Report Preparer (Complete if Adverse Incident Report was prepared by someone other than the certifier)
Preparer Name:
Organization:
Phone:
-
-
Ext
Date:
/
/
E-Mail:
All Operators who observe or are otherwise made aware of a reportable adverse incident pursuant to Part 6.4 of the permit must submit on adverse incident report.
However, even for those identified adverse incidents for which the Operator is not required to report, EPA recommends that Operators consider using this form to document the incident and the rationale for why reporting of the adverse incident is not required. This information may be useful to support a rationale should this determination be questioned.
An adverse incident, as defined in the Appendix A of the permit, is an unusual or unexpected incident that an Operator has observed upon inspection or of which the Operator otherwise became aware, in which: (1) there is evidence that a person or non-target organism has likely been exposed to a pesticide residue, and (2) the person or non-target organism suffered a toxic or adverse effect. See Appendix A of the permit, for the complete definition of adverse incident.
Where multiple Operators are authorized for a discharge that results in an adverse incident, notification and reporting by any one of the Operators constitutes compliance for all of the Operators, provided a copy of the written report required in Part 6.4.2 of the permit is also provided to all of the other authorized Operators within 30 days of the reportable adverse incident.
Operators must provide a written report of any reportable adverse incidents to the appropriate EPA Regional office and to the state lead agency for pesticide regulation within 30 days of the adverse incident pursuant to Part 6.4.1.1 of the permit.
The Operator must immediately notify the appropriate EPA Incident Reporting Contact, as identified at https://www.epa.gov/npdes/pesticidepermitting, of the adverse incident within 24 hours. The Operator(s) must provide a written report of the adverse incident to the appropriate EPA Regional office at the address listed in Part 8 of the permit and to the state lead agency for pesticide regulation (see http://npic.orst.edu/state1.htm).
If an Operator becomes aware of an adverse incident affecting a federallylisted threatened or endangered species or federally-designated critical habitats which may have resulted from a discharge from the Operator's pesticide application, the Operator must immediately notify the National Marine Fisheries Service (NMFS) in the case of an anadromous or marine species, (see http://www.nmfs.noaa.gov) or the United States Fish and Wildlife Service (FWS) in the case of a terrestrial or freshwater species (see https://www.fws.gov/program/office-of-law-enforcement/contact-us).).
To complete this form, type or print in uppercase letters in the appropriate areas only. Please make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the appropriate EPA Regional office.
The Operator is required to submit this Adverse Incident Report if the adverse incident is reportable. Check yes if the adverse incident is reportable. If an Adverse Incident Report is not required, check no. No further action is needed on this form. Reporting of adverse incidents is not required under the PGP in the following situations:
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation : by a responsible corporate officer, which means:
For a partnership or sole proprietorship : by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility : by either a principal executive or ranking elected official.
If the report was prepared by someone other than the certifier (for example, if the report was prepared by a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the report preparer and the date that the report was prepared.
The public reporting and recordkeeping burden for this collection of information is estimated to average 4 hours or 240 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed Adverse Incident Report to this address.
All pesticide applications covered by this permit require a Decision-maker who is responsible for ensuring eligibility under the PGP and submitting a Notice of Intent (NOI) when species and/or designated critical habitat under the Endangered Species Act (ESA) may be exposed to pollutants associated with their discharges and discharge-related activities. Step 1 of this worksheet is to help Decision-makers determine whether ESA-listed species and/or designated critical habitat (Listed Resources of Concern) may be exposed to pollutants in the Project Action Area(s) as a result of pesticide applications made to the pest management area(s).
This worksheet replicates information required for determining ESA eligibility when completing an NOI electronically for coverage under the PGP. It can be used to help a Decision-maker gather the ESA eligibility information needed for NOI submission. It can also be completed by Operators not otherwise required to submit an NOI, to confirm and document that an NOI and annual reporting is not required because FWS Listed Resources of Concern and NMFS Listed Resources of Concern are not present in the Project Action Area(s). EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures must be used to determine whether ESA-listed species and/or designated critical habitat (Listed Resources of Concern) may be exposed to pollutants in the Project Action Area(s) as a result of pesticide applications made to the pest management area(s).
Appendix I - PGP Eligibility Worksheet for Threatened and Endangered Species Protection I.1 Introduction
Decision-makers must meet one of the following six ESA eligibility criteria (A or C-G) in Part 1.1.2.4 of the PGP for the entire term of coverage under the 2026 PGP. The ESA eligibility criteria are briefly summarized below.
If you do not meet any of the ESA eligibility criteria outlined in this worksheet, you are not eligible for coverage under this permit. 2
FWS Listed Resources of Concern - Federally-listed threatened and endangered species and designated critical habitat listed under the jurisdiction of the U.S. Fish and Wildlife Service (FWS) that are included in FWS biological opinion for EPA's Pesticide General Permit.
NMFS Listed Resources of Concern - ESA-listed species and designated critical habitat under the jurisdiction of National Marine Fisheries Service (NMFS) that are within, or adjacent to, and/or affected by discharges within, areas where EPA is the permitting authority, as described in Appendix C of this permit.
Project Action Area - all areas to be affected directly or indirectly by the Operator's discharge(s) to waters of the U.S. covered by the PGP and discharge-related activities in the Operator's pest management area(s).
Pest Management Area -- The area of land, including any water, for which an Operator has responsibility and is authorized to conduct pest management activities as covered by this permit (e.g., for an Operator who is a mosquito control district, the pest management area is the total area of the district).
2 To explore alternative NPDES permit coverage, contact your EPA Regional office: https://www.epa.gov/npdes/contact-us-pesticide-permitting.
It is important to accurately determine ESA eligibility when seeking permit coverage because Section 9 of the ESA and, in some cases, regulations issued for threatened species pursuant to Section 4(d) of the ESA, prohibit the take 3 of endangered and threatened species, respectively, without an applicable exemption. ESA Section 9 violations can result in civil and even criminal penalties.
Step 1, described in this worksheet, is necessary for determining eligibility . Step 1 identifies any FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern that would potentially be exposed to pollutants in the Project Action Area from proposed pesticide applications based on NMFS and FWS authoritative data or data approved by the Services (e.g., an official resource list based on data from IPaC for FWS Listed Resources of Concern). In Step 1, the Decision-maker delineates the Project Action Area affected directly or indirectly by the proposed discharge(s) to the pest management area and obtains a map with a list of potentially exposed ESA-listed species and designated critical habitat using EPA's geospatial mapping tool (https://www.epa.gov/npdes/pesticide-permitting-esa-procedures) 4 . The map and the list obtained in Step 1 must be generated within 90 days of seeking permit coverage and submitted with the NOI 5 if the Decision-maker is required to submit an NOI. If you received a waiver to file your NOI electronically, you must submit a copy of the list generated through the geospatial mapping tool with your paper NOI.
If FWS and NMFS Listed Resources of Concern are in your Project Action Area , you must identify and evaluate potential short- or long-term adverse effects of your discharges and discharge-related activities on both FWS Listed Resources of Concern and NMFS Listed Resources of Concern 6 in the Project Action Area and identify whether and how effects are or will be addressed in order to select the correct ESA eligibility Criterion. You must comply with any applicable terms, conditions, or other requirements developed in meeting one of the eligibility criteria (e.g., avoidance measures) to remain eligible for coverage under this permit.
If your pest management area overlaps with any water where NMFS' Listed Resources of Concern occur and you expect discharges from the application of pesticides that have a labeled use that a NMFS' biological opinion has determined would jeopardize the continued existence of ESA-listed species and/or adversely modify designated critical habitat, it is in your best interest to contact your regional NMFS office or the Office of Protected Resources in Silver Spring, Maryland and request 'technical assistance on potential pesticide applications from an ESA Section 7 biologist.' Check the NMFS Consultation page for the most up to date information on pesticides that have a labeled use that a NMFS' biological opinion has determined would jeopardize the continued existence of ESA-listed species and/or adversely modify designated
3 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 16 U.S. Code § 1532 (19).
4 If EPA's geospatial mapping tool is not available, Decision-makers must use IPaC for FWS resource lists and NMFS' mappers. Links to these tools are available at https://www.epa.gov/npdes/pesticide-permitting-esaprocedures.
5 Ideally, once complete, the EPA's geospatial mapping tool will be integrated into the NPDES eReporting Tool (NeT) and will automatically transmit map and list of ESA-protected species and/or designated critical habitat into your NOI.
6 NMFS' jurisdiction includes ESA-listed marine and estuarine species that spawn in inland rivers.
critical habitat. Links to all NMFS pesticide registration opinions are provided on this page. The opinions include reasonable and prudent measures and actions to minimize exposure and/or adverse effects to ESA-listed species and critical habitat that may be exposed. A Decision-maker may wish to consider these measures and actions when developing the Pesticide Pollutant Discharge Management Plan.
If your Project Action Area overlaps with areas where FWS' Listed Resources of Concern occur for the pesticides covered under EPA's PGP, see https://www.epa.gov/npdes/pesticidepermitting-esa-procedures for more information.
If your discharge to waters of the U.S. and discharge-related activities may expose ESA-listed species to pollutants and you meet any of the eligibility criteria C through G, you must submit an NOI for coverage under the permit. If you can accurately confirm and document that your discharge and discharge-related activities will not expose ESA-listed species to pollutants, you will only be required to submit an NOI if you are otherwise required to submit an NOI as indicated in Table 1-1 of the PGP. In such cases, when you submit your NOI, you identify that ESA eligibility Criterion A applies to your proposed discharge.
After you submit your NOI and before your NOI is authorized, EPA may notify you of any additional controls that are necessary to ensure your discharges to waters of United States and discharge-related activities are not likely to result in any short- or long-term adverse effects on FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern. The Services have the opportunity, within 30 days of submission of the NOI, to advise EPA whether either the planned discharges meet the selected eligibility criterion; the planned discharges could meet the eligibility criterion with additional conditions; or the planned discharges do not meet the eligibility criterion. In the event that EPA has placed a hold on your NOI, EPA will notify you as to whether your discharges are authorized or whether an NPDES individual permit will be required. If you do not hear from EPA within 30 days, you may assume that your discharge is authorized without further conditions. Authorization will remain in effect unless and until notified by EPA that activities identified in the NOI will be reevaluated. If the discharges are in response to a Declared Pest Emergency Situation, you must follow the notification and coordination procedures with the Services prior to discharges, followed by NOI submittal, under Criterion G. Note, if you make changes to your proposed discharges to waters of the United States or discharge-related activities as outlined in Table 1-3 of the permit, then you must reevaluate and update your NOI (if necessary).
Follow the instructions below to determine if you are eligible for coverage under the 2026 PGP based on the ESA eligibility criteria in Part 1.1.2.4. of the permit. Check only one criterion per pest management area and record the required information in your NOI, if applicable. You may submit one NOI for multiple pest management areas within a state or territory for which you are seeking permit coverage. Complete the worksheet for each pest management area. Each pest management area can be assigned only one ESA Eligibility Criterion and information supporting the selected criterion must be recorded in, or submitted with, your NOI. Copy this worksheet for additional pest management areas.
Pest Management Area: ____ _of _________
Pest Management Area Name: ____________________________________________
Before proceeding with ESA eligibility criteria selection, you must consider the following in determining the Project Action Area, and confirm the following are true :
Note: If you have any questions about determining the extent of your Project Action Area, you may contact EPA or the Services for assistance. Contact information is available at: https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures.
First, you must determine whether there are FWS Listed Resources of Concern and NMFS Listed Resources of Concern present within your Project Action Area using EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures. The tool will provide a resource list and map identifying whether, where, and which FWS Listed Resources of Concern and NMFS Listed Resources of Concern may be present in your Project Action Area. If FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern are not present in the Project Action Area, the output from the geospatial mapping tool will not list any species or designated critical habitat.
To determine eligibility for coverage under Criterion A, you must use EPA's geospatial mapping tool. One of the following 'I have confirmed' statements below must be true (check the appropriate boxes):
[ ] ☐ I confirm that I have used EPA's geospatial mapping tool and my ESA eligibility determination is based on output generated by the tool within 90 days of seeking permit coverage to determine whether any FWS Listed Resources of Concern and NMFS Listed Resources of Concern are within my Project Action Area. I have confirmed there are FWS Listed Resources of Concern or that there are NMFS Listed Resources of Concern affected directly or indirectly in my Project Action Area; (check all that apply and proceed to Step 3 OR If your pesticide application is in response to a Declared Pest Emergency Situation, proceed to Step 6, Criterion G )
[ ] ☐ FWS Listed Resources of Concern
[ ] ☐ NMFS Listed Resources of Concern
[ ] ☐ I confirm that I have used EPA's geospatial mapping tool and my ESA eligibility determination is based on output generated by the tool within 90 days of seeking permit coverage to determine whether any FWS Listed Resources of Concern and NMFS Listed Resources of Concern are within my Project Action Area. I have confirmed there are no FWS Listed Resources of Concern and that there are no NMFS Listed Resources of Concern affected directly or indirectly in my Project Action Area. If this pesticide application is in response to a Declared Pest Emergency Situation proceed to Step 6, Criterion G .
[ ] ☐ NO FWS Listed Resources of Concern AND
[ ] ☐ NO NMFS Listed Resources of Concern
You can certify that the activity meets Criterion A (check box on the NOI corresponding to Criterion A and submit the supporting documentation (e.g. map with geospatial data that includes the Project Action Area and the list generated through the geospatial mapping tool with no FWS Listed Resources of Concern and NMFS Listed Resources of Concern) with the NOI).
Note that if you are not otherwise required to submit an NOI, you do not need to submit an NOI merely to document that you meet eligibility Criterion A. However, if you are required
to submit an NOI anyway, you must document on the NOI that you meet eligibility Criterion If you received a waiver to file a paper NOI, you must submit a copy of the map and
A. list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
This criterion intentionally left blank. Proceed to Step 3.
If you have previously been issued an ESA Section 10(a)(1) permit(s) that fully covers the effects of your proposed discharges to waters of the United States and discharge-related activities on all FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in your Project Action Area (based on the resource lists generated in Step 1 within 90 days of NOI submittal), then your proposed activity may be eligible for coverage under Criterion C.
If you believe an existing ESA-related action may have already been completed for your planned discharges to waters of the United States or discharge-related activities but you are uncertain of the details, you should contact the FWS office and/or NMFS office(s) that covers your Project Action Area (contact information is available at https://www.epa.gov/npdes/pesticide-permittingESA-procedures).
In order to be eligible for coverage under Criterion C, the following statement must be true for species under the jurisdiction of each Service, as applicable:
I have confirmed in Step 1 that there are FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in my Project Action Area.
Issuance of ESA Section 10 permit . Potential take is authorized through the issuance of a permit under Section 10 of the ESA by the FWS and/or NMFS, as necessary, and this authorization addresses the effects of the discharges to waters of the United States and discharge-related activities on FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern present in the Project Action Area.
Resources of Concern and NMFS Listed Resources of Concern from the geospatial mapping tool in Step 1. Yes ☐
C2. Which Service provided the Section 10 permit? (check all that apply)
[ ] FWS ☐
[ ] NMFS ☐
C3. Identify the field or regional offices providing the permit(s):
C4. Identify the permit number and other tracking numbers associated with the ESA Section 10 permit (e.g., FWS ECOSphere number, ECO Section 7 consultation number):
FWS Permit number: ____________
FWS ECOSphere Section 7 consultation number: ___________
IPaC report number: _______
NMFS Permit number: ___________
NMFS ECO Section 7 consultation number: _____________
FWS (MM/DD/YYY) __ __ / __ __ / __ __ __ __
NMFS (MM/DD/YYY) __ __ / __ __ / __ __ __ __
C6. Check to confirm that correspondence with FWS and/or NMFS and a copy of the Section 10 permit or the permit number and other relevant tracking number(s) (e.g., FWS IPaC number, ECO Section 7 consultation number) is attached to your NOI. Check all that apply.
[ ] ☐ FWS
[ ] ☐ NMFS
If you can confirm the statement above and provide responses to C1-C6 above, you may certify eligibility under Criterion C for this pest management area on your NOI form and include your responses to C1-C6 as the supporting documentation. You are done with this worksheet. If you received a waiver to file a paper NOI, you must submit a copy of the map and list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
If you are unable to provide answers to questions C1-C6 above, you are not eligible under Criterion C, proceed below to Criterion D .
You are eligible under Criterion D if a prior consultation under ESA Section 7(a)(2) fully covers the direct and indirect effects of your proposed discharges to waters of the United States and
discharge-related activities, and the consultation resulted in written concurrence(s) by FWS and/or NMFS that the activities were not likely to adversely affect listed species or designated critical habitat under the jurisdiction of either Service, or concluded in a biological opinion from either or both Services, as necessary, that the activities were not likely to jeopardize listed species or destroy or adversely modify designated critical habitat, either as part of your activities as planned or as modified with a reasonable and prudent alternative(s). The consultation(s) must analyze all FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern identified in the Project Action Area (based on resource list generated in Step 1 within 90 days of NOI submittal). Most federal agencies that apply pesticides have already consulted with the Services, as required under ESA Section 7(a)(2) and its implementing regulations at 50 C.F.R. § 402, and if the aforementioned requirements are met, then you can certify under Criterion D.
It is important to note that if reinitiation of consultation is required pursuant to 50 C.F.R.§ 402.16, then you are not eligible under Criterion D while reinitiation is pending.
In order to be eligible for coverage under Criterion D, you must confirm that you followed Step 1, that statements 1 and 2 are true, and you must provide the required supporting information D1-D6 below for selecting Criterion D for this pest management area:
[ ] ☐ I can confirm that a prior consultation between a Federal agency and the Service(s) under ESA Section 7(a)(2) fully covers indirect and direct effects in the Project Action Area resulting from my proposed discharges to waters of the United States and discharge related activities. The result of this consultation was (check all that apply) :
[ ] ☐ The biological opinion(s) from either or both Service(s), as appropriate, concluded that the effects of pesticide discharges to waters of the United States and discharge- related activities within this pest management area that were authorized, funded, or to be carried out by the Federal action agency are not likely to jeopardize the continued existence of federally-listed species and are not likely to destroy or adversely modify federally-designated critical habitat in the Project Action Area, and the Reasonable and Prudent Measures to minimize take have been or are in the process of being implemented in accordance with the biological opinion(s);
[ ] ☐ FWS
[ ] ☐ NMFS
or
[ ] ☐ Written concurrence from either or both Service(s), as appropriate, with a finding that the pesticide discharges to waters of the United States and discharge-related activities within this pest management area that are authorized, funded, or to be carried out by the Federal agency is not likely to adversely affect federally-listed species or federally-designated critical habitat in the Project Action Area.
[ ] ☐ FWS
[ ] ☐ NMFS
[ ] ☐ I confirm that the consultation is not under and does not require reinitiation per 50 CFR §402.16.
ESA Section 7(a)(2) consultation has successfully concluded. A prior consultation under ESA Section 7(a)(2) has concluded and fully covers the effects of the discharges to waters of the United States and discharge-related activities on all FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern identified in the Project Action Area.
D1. I confirm that both FWS Listed Resources of Concern and NMFS Listed Resources of Concern were considered in my evaluation and that I have used the EPA's geospatial mapping tool as outlined in Step 1. I am providing the map and the list of all FWS Listed Resources of Concern and NMFS Listed Resources of Concern from the geospatial mapping tool in Step 1. Yes ☐
D2. Identify the Federal action agency or agencies involved:
D3. Identify the Service(s) field or regional offices providing the consultation:
D4. As appropriate, identify the ECOSphere Project Code and Consultation Number for a FWS consultation and the ECO consultation number for a NMFS consultation and any other associated tracking numbers (e.g. FWS Project Code number- located at the top of letter generated by IPaC):
FWS ECOSphere Project Code:_______ Consultation Number:_______
NMFS ECO Consultation Number:________
FWS consultation (MM/DD/YYYY) __ __ / __ __ / __ __ __ __
NMFS consultation (MM/DD/YYYY) __ __ / __ __ / __ __ __ __
D6. Check to confirm that correspondence and consultation identifying numbers from the consulting Service(s) documenting the biological opinion, conference opinion, or written concurrence is attached.
[ ] ☐ FWS
[ ] ☐ NMFS
If you can confirm the statements above and provide responses to D1-D6 above, you may certify eligibility under Criterion D for this pest management area on your NOI form and include your responses to D1-D6 as the supporting documentation. You are done with this worksheet. If you received a waiver to file a paper NOI, you must submit
a copy of the map and list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
If you are unable to provide answers to questions D1-D6 above, you are not eligible under Criterion D, proceed to Step 4 .
Coordination with the Service(s) has successfully concluded . Coordination between you and the Service(s) with jurisdiction in your Project Action Area has concluded. The coordination must have addressed the effects of your discharges to waters of the United States and dischargerelated activities on FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in the Project Action Area. The coordination must have resulted in written confirmation from the Service(s) that the effects of those activities are not likely to result in short- or longterm adverse effects for FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in your Project Action Area. By certifying eligibility under Criterion E, you agree to comply with any conditions that you must meet or measures that you must incorporate to ensure your discharges to waters of the United States and discharge-related activities are not likely result in any short- or long-term adverse effects to FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in your Project Action Area.
In order to be eligible for coverage under Criterion E, you must confirm that the following statement is true for species under the jurisdiction of each Service, as applicable:
I have confirmed in Step 1 that there are FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern affected directly or indirectly in my Project Action Area.
[ ] ☐ I have coordinated with the appropriate Service(s) and obtained written confirmation prior to NOI submission that the effects of planned activities are not likely to result in short- or long-term adverse effects for FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in my Project Action Area.
E1. I confirm that both FWS Listed Resources of Concern and NMFS Listed Resources of Concern were considered in my evaluation and that I have used the EPA's geospatial mapping tool as outlined in Step 1. I am providing the map and the list of all FWS Listed Resources of Concern and NMFS Listed Resources of Concern from the geospatial mapping tool in Step 1. Yes ☐
E2. Which Service participated in coordination? (check all that apply)
[ ] FWS ☐
[ ] NMFS ☐
E3. Identify the field and/or regional office(s) that provided the coordination?
E4. What is the date the coordination concluded?
FWS (MM/DD/YYY)
__ __ / __ __ / __ __ __ __
NMFS (MM/DD/YYY)
__ __ / __ __ / __ __ __ __
E5. Check to confirm that written correspondence with the coordinating Service(s) is attached to the NOI. Check all that apply.
[ ] ☐ FWS
[ ] ☐ NMFS
If you can confirm the statement above and provide responses to E1-E5 above, you may certify eligibility under Criterion E for this pest management area on your NOI form and include your responses to E1-E5 as the supporting documentation. You are done with this worksheet. If you received a waiver to file a paper NOI, you must submit a copy of the map and list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
If you are unable to provide answers to questions E1-E5 above, you are not eligible under Criterion E, proceed to Step 5.
The scope of effects that you must consider will vary with each pest management area and Project Action Area. For assistance in determining whether your discharges to waters of the United States and discharge-related activities are likely to result in short- or long-term adverse effects to FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern identified in Step 1, you should contact the appropriate Services office.
Discharges not likely to result in any short- or long-term adverse effects to FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern . FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern have been identified in your Project Action Area in Step 1. You may select Criterion F if you self-certified and demonstrated that your discharges to waters of the United States and discharge-related activities are not likely to result in any short- or long-term adverse effects to any FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern. You must demonstrate and document this finding for each
individual listed species or designated critical habitat under the jurisdiction of each Service, as appropriate. You must take appropriate measures, as needed, to avoid or eliminate the likelihood of any short- or long-term adverse effects. For example, you may rely on the specific BMPs to be applied, visual monitoring, equipment and/or site inspections, and other appropriate measures if they would be sufficient to avoid adverse effects. These measures may also include avoiding certain areas, applying pesticides to waters at concentrations below those found to cause adverse effects, or conducting applications only during seasons when FWS Listed Resources of Concern and NMFS Listed Resources of Concern are not likely to occur in areas to be exposed. These measures must be identified prior to NOI submission, described in the NOI, and implemented to receive coverage under the PGP.
In order to be eligible for coverage under Criterion F, you must confirm that the following statement is true for species under the jurisdiction of each Service, as applicable:
I have confirmed there are FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern affected directly or indirectly in my Project Action Area. I can confirm that the following is true.
As part of certifying your compliance with Criterion F, you must submit information F1 through F7 to support your findings, including:
I confirm that I have or will implement appropriate measures necessary to avoid the likelihood of any short- or long-term adverse effects to FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern. Yes ☐
F1 . Provide the map and the list of all FWS Listed Resources of Concern and NMFS Listed Resources of Concern from the geospatial mapping tool in Step 1.
F2. Target pest(s)
F3. Pesticide product(s) to be discharged and method of application
F4. Planned quantity and rate of discharge(s) for each method of application
F5 . Number of planned discharges
F6. Approximate date(s) of planned discharge(s)
If you can confirm the statement above and provide responses to F1-F7 above, you may certify eligibility under Criterion F for this pest management area on your NOI form and include your responses to F1-F7 as the supporting documentation. You are done with this worksheet. If you received a waiver to file a paper NOI, you must submit a copy of the map and list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
If you are unable to provide answers to questions F1-F7 above, you are not eligible under Criterion F. If you have determined that your pesticide application does not align with one of the Criteria above and is not in response to a Declared Pest Emergency Situation (Step 6), your discharges to waters of the United States and discharge-related activities are not eligible for coverage under the PGP. P roceed to Step 1 if you wish to evaluate again. If you require assistance with your re-evaluation please email pgp@epa.gov or visit this website: https://www.epa.gov/npdes/contact-us-pesticide-permitting.
Discharges to waters of the United States and discharge-related activities that are in response to a Declared Pest Emergency Situation as defined in Appendix A of the permit may be eligible under Criterion G. Prior to any discharge to waters of the United States and discharge-related activities under Criterion G, Decision-makers must notify and coordinate with FWS and NMFS to be eligible for coverage. Notification shall occur and coordination shall begin as soon as possible after determining that pesticide application is required in response to a Declared Pest Emergency Situation. The notification must be in the form of an email that identifies the appropriate FWS, NMFS and EPA contact(s) and include a description of the action, the pest management area and Project Action Area map, and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area or showing no FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern occur in the Project Action Area.
As part of any coordination, technical assistance or recommendations provided by the Services for avoiding any short- or long-term adverse effects during the emergency must be implemented as prescribed (either before or after discharge has begun, as applicable) to be eligible for coverage under the permit. The Decision-maker must provide documentation of the coordination and written confirmation from FWS and/or NMFS with the NOI.
If eligible under Criterion G, an NOI must be filed no later than 15 days after beginning to discharge (30 days after beginning to discharge if there are no FWS Listed Resources of Concern and NMFS Listed Resources of Concern in the Project Action Area). If you make changes to your proposed discharges or discharge-related activities (per Table 1-3 in the PGP), then you are required to restart this process and coordinate with FWS and/or NMFS again to determine your eligibility under Criterion G.
In order to be eligible for coverage under Criterion G, you must confirm that one of the following statements are true for species under the jurisdiction of each Service, as applicable:
[ ] ☐ Statement 1: I have confirmed in Step 1 that there are FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern affected directly or indirectly in my pest management area. My pesticide application is in response to a Declared Pest Emergency Situation, and I have coordinated with the appropriate Service(s)
[ ] ☐ FWS
[ ] ☐ NMFS
[ ] ☐ Statement 2: I have confirmed in Step 1 that there are no FWS Listed Resources of Concern and/or NMFS Listed Resources of Concern in my pest management area. My pesticide application is in response to a Declared Pest Emergency Situation, and I have coordinated with the appropriate Service(s).
[ ] ☐ FWS
[ ] ☐ NMFS
Discharges are in response to a Declared Pest Emergency Situation. I confirm that I have or will implement appropriate measures to avoid the likelihood of any short- or long-term adverse effects to ESA-listed threatened or endangered species or their critical habitat. Yes ☐
Information provided for items G1 through G7 must also include any discharges that have already occurred in the days (up to 15) prior to NOI submission.
G1 . Provide the map and the list of all FWS Listed Resources of Concern and NMFS Listed Resources of Concern from the geospatial mapping tool in Step 1.
G2. Target pest(s)
G3. Pesticide product(s) to be discharged and method of application
A statement verifying the notification and coordination with FWS and NMFS. The notification must be in the form of an email that identifies the appropriate FWS, NMFS and EPA contact(s) and include a description of the action, a map with geospatial data of the Project Action Area, and a list of FWS Listed Resources of Concern and NMFS Listed Resources of Concern identified in the Project Action Area or showing no FWS and NMFS Listed Resources of Concern occur in the Project Action Area.
If you can confirm the statement above and provide responses to G1-G7 above, you may certify eligibility under Criterion G for this pest management area on your NOI and include your responses to G1-G7 as the supporting documentation. You are done with this worksheet. If you received a waiver to file a paper NOI, you must submit a copy of the map and the list generated through the geospatial mapping tool in Step 1 and your worksheet with your paper NOI.
If your pesticide application is not in response to a Declared Pest Emergency Situation, proceed to Step 1 to evaluate again.