NPDES Pesticide General Permits

1. NPDES Pesticide General Permits Applicator Training April 2011 Elise Doucette

2. Legal Decisions • 2008 The Nat’l Cotton Council of Am, et al. v. EPA. • As a result, a NPDES permit is required for point source discharges to waters of the state from the application of • biological pesticides or • chemical pesticides that leave a residue (hereinafter collectively “pesticides”) • October 31, 2011- all pollutants discharged from a point source into waters of the state must obtain NPDES permit coverage

3. Permitted Use Patterns • Mosquito and Other Flying Insect Pest Control (MNG870000) – to control public health/nuisance mosquitoes and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Includes black flies. • Forest Canopy Insect Pest Control (MNG873000) - application of a pesticide over a forest canopy to control the population of an pest species, such as gypsy moths , where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to water.

4. Permitted Use Patterns • Aquatic Nuisance Animal Control (MNG874000) – to control invasive or other nuisance animals in waters of the state, including fish, lampreys, and mollusks (zebra mussels, faucet snails and various species of snails). • Vegetative Pests and Algae Control (MNG876000) – to control algae and aquatic and terrestrial vegetative pests in waters of the state. This category includes the use of non-pesticide chemicals, such as alum and iron compounds, applied to waters of the state to control excess nutrients.

5. Who must comply with the permit? • Anyone who applies a pesticides to a water of the state must comply with the basic permit requirements • Individuals and small entities are automatically covered under the permit • Larger Entities must submit a Notice of Intent (NOI, application for permit coverage), receive a Notice of Coverage and meet further permit requirements • EPA’s permit separates requirements into those applicable to ‘Applicators’, ‘Decision-makers’ or if for both, ‘Operators’

6. Thresholds for NOI Submittal Mosquitoes and Other Flying Insect Pests (MNG870000) • Pest Management Area is not cumulative, but static • Gallons applied are cumulative in a calendar year • EPA’s permit IS cumulative and each event is a separate ‘area’

7. Thresholds for NOI Submittal Forest Canopy Insect Pests (MNG873000) • Where pesticides have a pesticidal benefit • Treatment Area is cumulative over a calendar year • Each event is to be considered a separate ‘area’ treated • Applies to pesticides applied by land and air • EPA’s permit is similar

8. Thresholds for NOI Submittal Aquatic Nuisance Animals (MNG874000) • Extension to Public Comment period to March 4, 2011 • Where pesticides have a pesticidal benefit • Treatment Area is cumulative over calendar year • EPA’s draft is NOT cumulative nor additive (each event is not a separate ‘area’) • EPA’s surface area Threshold is 80 acres • EPA’s linear Threshold is 20 linear miles.

9. Thresholds for NOI Submittal Vegetative Pests & Algae (MNG876000)

10. Thresholds for NOI Submittal • Vegetative Pests & Algae (MNG876000) • For lakes • Where pesticides have a pesticidal benefit • Based on the percentage in a calendar year • Not cumulative • EPA’s permit is similar, but uses 80 acres and 20 linear miles • For All Other Waters of the State • Where pesticide has a pesticidal benefit • Treatment Area is cumulative and each event is counted as a separate ‘area’ • Only applicable when water is present at the time of application • EPA’s permit is based on Waters of the U.S. , so Thresholds are 80 acres and 20 linear miles

11. Requirements for All Permittees • Use the lowest effective amount of pesticide product and optimum frequency necessary to control the target pest, consistent with reducing the potential for development of pest resistance • Apply pesticides in accordance with the product label Follow Label Directions! Follow MN Statutes 18B.07 (Pesticide Use)

12. Requirements for All Permittees • Perform regular maintenance activities to reduce leaks, spills, or other unintended/accidental discharges of pesticides to waters Follow Good Housekeeping Practices MN Rules 18B (Equipment Cleaning) MN Statutes 115.061 (Spill Reporting)

13. Requirements for All Permittees • Maintain application equipment in proper operating condition by calibrating and cleaning/repairing such equipment on a regular basis to ensure effective application and pest control. You must ensure the rate of application is calibrated to deliver the precise quantity of pesticide needed to achieve requirements in 3.1.a. Follow Manufacturer’s Directions Calibrate Equipment Regularly

14. Requirements for All Permittees • Monitor the amount of pesticide applied to ensure the lowest amount and optimum rate is used, regular maintenance is performed, and equipment is in proper operating order. • Keep track of the area where application occurs to determine if a NOI needs submittal. Write down what you did! It’s the easiest way to show you are complying with the permit

15. Requirements for All Permittees • Conduct Visual Monitoring during application in and around the treatment area. • Immediately notify the Duty Officer of Adverse Incidents that may have resulted from a discharge from the pesticide application. • Follow-up with either an Adverse Incident Report in 15 days or a written justification of how the Incident was not caused by the discharge. Take a look around. Does anything look strange? Call the Duty Officer! 651-649-5451 (Metro Area) or 800-422-0798 (Statewide)

16. Requirements for Permittees that Must Submit a NOI • Integrated Pest Management Practices • Develop a Pesticide Discharge Management Plan • Submit an Annual Report

17. Summary • Check web page for updates. Go to www.pca.state.mn.us and search for “Pesticide NPDES Permit”. • Be prepared for a permit in the 2012 season • Contact me with Questions: elise.doucette@state.mn.us #651-757-2316