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What is it?

Louisiana Department of Environmental Quality (LDEQ) Louisiana Pollutant Discharge Elimination System (LPDES) Pesticide General Permit (PGP) LAG870000. What is it?. General Permit for discharges associated with the application of pesticides associated with the following 4 use categorizations:

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What is it?

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  1. Louisiana Department of Environmental Quality (LDEQ) Louisiana Pollutant Discharge Elimination System (LPDES) Pesticide General Permit (PGP)LAG870000

  2. What is it? • General Permit for discharges associated with the application of pesticides associated with the following 4 use categorizations: • Mosquito and Other Flying Insect Pest Control • Aquatic Weed and Algae Control • Aquatic Nuisance Animal Control • Forest Canopy Pest Control

  3. Why Do I Need Coverage? • Law has changed (2006 EPA Pesticide Exemption Rule Vacated). • Citizens of Louisiana are no longer exempt. • LDEQ must issue/manage discharges of pesticides to waters of the state. • A new pesticide general permit will be issued.

  4. Legal Challenge and Reasons Why Coverage is Necessary • 2006 EPA Rule exempted permitting of discharges of pesticides to or near waters of the U.S. if discharges were in accordance with FIFRA labeling. • Louisiana also had a similar exemption at LAC 33:IX.2315.A.8. • Litigation was filed on the 2006 EPA Rule January 7, 2009, and was vacated by the 6th Circuit Court of Appeals.

  5. Legal Challenge and Reasons Why Coverage is Necessary • EPA requested a 2 year stay of the decision on April 8, 2009 and the Stay was granted. • The Stay directed that effective April 9, 2011, discharges of pesticides would require LPDES permits. • All delegated states must implement permits for discharges of pesticides directly to or near waters of the U.S.

  6. Legal Challenge: Current Status • On March 3, 2011, EPA requested an additional extension from the court to allow more time. • EPA is requesting that the deadline be extended from April 9, 2011 to October 31, 2011. This additional extension was granted March 28, 2011. • Potpourri notice will be published on April 20, 2011, to delay issuance of the PGP while the court decides on EPA’s request, and if the extension is granted, until October 31, 2011. During this time, LPDES permits for pesticide application in Louisiana will not be required.

  7. Current Legislation • HR 874, a federal bill to amend the CWA and FIFRA to exempt the same activities exempted by EPA’s 2006 rule. • HR 874 made it out of committee by a 46 to 8 vote on March 16, 2011. The next step is consideration by the House. • HR 874 passed in the House on March 31, 2011, by a vote of 292 -130. • The Senate does not have a similar bill at this time.

  8. Who Is Covered? • Primarily affects state, parish, and local pest control authorities, such as mosquito control districts, DOTD roadside weed control, utility rights-of-ways etc. • Individual small applicator continue to follow FIFRA label instructions. • Commercial applicators – follow LDAF rules. • Non-commercial applicator – follow LDAF rules. • LDAF rules are embedded in the PGP. • 100% coordination of LDAF/LDEQ PGP requirements between LDEQ and LDAF.

  9. How Do I Obtain Coverage? • Apply pesticides in accordance with the FIFRA label • Certification and Licensing under LDAF regulations at LAC 7:XXIII, Subchapters F and H will provide coverage under LDEQ’s PGP. • LDEQ’s PGP requirements will be covered via LDAF certification and licensing – no need for PGP NOI (application) to be submitted to LDEQ.

  10. How Do I Comply? • Follow the requirements in the PGP. • Comply with all state pesticide regulations, statutes, FIFRA labeling, and other conditions listed in the PGP. • Note: • The PGP lists Louisiana Department of Agriculture and Forestry (LDAF) regulations incorporated by reference.

  11. Are There Any Differences Between the Pesticide General Permit and LDAF Regulations? • Yes, in 2 areas. • Record Keeping – Applicators/dischargers must keep records on site for period of 3 years in accordance with the PGP. LDAF regulations have a 2 year record retention requirement. • Penalties – Applicators/dischargers are liable for penalties under both LDEQ’s PGP and LDAF’s regulations. Up to $25,000 per day under LDEQ’s PGP and $5,000 per day under LDAF’s regulations.

  12. PGP Speaker Contact Information Bruce Fielding Manager, Industrial Permit Section Office of Environmental Services Water Permits Division (225)219-3231 bruce.fielding@la.gov

  13. Questions?

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