EPA published the Pesticide General Permit on October 31. Compliance with the permit is required as of that date. They are allowing pesticide applicators until January 12, 2012, to submit their Notices Of Intent to be covered by the PGP. In addition, the Agency says it will focus on providing assistance in complying with permit conditions rather than on enforcement during the first 120 days the permit is in effect.

The PGP contains requirements for all applicators as well as requirements for individual use patterns. For example, all applicators must use only the amount of pesticide and frequency of pesticide application necessary to control the target pest, using equipment and application procedures appropriate for this task. Applicators must also maintain pesticide application equipment in proper operating condition, which includes calibrating, cleaning, and repairing equipment and preventing leaks, spills, or other unintended discharges.

Separate requirements are also established for operators or decision-makers. For example, the PGP requires that for each pest management area, each decision-maker must identify the problem prior to pesticide application, consider using a combination of chemicals and non-chemical pest management measures, and perform a survey before pesticide application to reduce environmental impacts.

Any decision-maker who is or will be required to submit an NOI, and is not a small entity, must also develop a pesticide discharge management plan (PDMP), except for any pesticide applications made in response to a declared pest emergency. The PGP defines a small entity as one that is below the Small Business Administration’s size standard (see 13 CFR. 121.201), or is a public entity serving a population of 10,000 or less. A PDMP must include identification of the pesticide discharge management team, a description of the pest problem, and a description of the pest management options evaluation. Decision-makers must also provide procedures for spill response and adverse incident response.

The PGP also includes requirements for corrective actions, or follow-up actions an operator must take to assess and correct problems. Also specified are recording keeping requirements for all entities covered by the PGP and additional requirements for for-hire applicators, small entities, and large entities. Decision-makers who large entities must also provide EPA with annual reports that contain basic information on their pesticide discharges to waters of the United States. Small entities are also subject to the annual reporting requirement if they discharge to water containing a “listed resource of concern” as identified by the National Marine Fisheries Service.

The AERF is updating its webpage of links to the State NPDES programs as they become available.  We have also included on the site the RISE state by state comparison of program requirements.