Proposed Pesticide General Permit (PGP) Elise Doucette Minnesota Pollution Control Agency

Transcription

1 Proposed Pesticide General Permit (PGP) Elise Doucette Minnesota Pollution Control Agency wq-wwprm1-21

2 Recent Legal Decisions 2001 Several Court Cases prompted action by EPA 2006 EPA issued the Final Rule 2007 Court vacated the Final Rule EPA filed a Motion for Stay of the Mandate Supreme Court denied request for review EPA public noticed a Draft NPDES Pesticide General Permit on June 4,

3 Inter-agency Team MN Pollution Control Agency - Clean Water Act (CWA) Minnesota Department of Agriculture - Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) MN Department of Natural Resources - State Rules - Aquatic Plants and Nuisances All regulate pesticides in some manner 3

4 Who needs Permit coverage? All Point Sources Discharging Pollutants Into Waters of the State Must obtain NPDES permit coverage from EPA or NPDES-authorized state 4

5 Permitted Use Patterns This permit is available to permittees who discharge to waters of the state from the application of 1) biological pesticides or 2) chemical pesticides that leave a residue (hereinafter collectively pesticides ), when the pesticide application is for one of the following pesticide Use Patterns: 5

6 Permitted Use Patterns Mosquito and Other Flying Insect Pest Control to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Forest Canopy Pest Control - aerial application of a pesticide over a forest canopy to control the population of a pest species, such as gypsy moths and grasshoppers, where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to water. This category does not include terrestrial vegetation. 6

7 Permitted Use Patterns Aquatic Nuisance Animal Control 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 to control algae and aquatic and terrestrial vegetative pests in waters of the state. Permit coverage is only required if a discharge to a water of the state is unavoidable because water is present at the time of application. This category includes the use of non-pesticide chemicals, such as alum. 7

8 Who/What does NOT need permit coverage? Irrigation Return Flow Agricultural Stormwater Runoff Terrestrial applications to control pests on agricultural crops or forest floors Off target spray drift 8

9 Who/What are NOT eligible for general permit coverage? Discharges to Impaired Waters (for that pesticide or its degradates) Discharges to Outstanding Resource Value Waters (ORVWs) considered prohibited in MN Rules subp. 3 through 5 Other pesticide discharges not covered under the Use Patterns Those with existing individual permits with numeric effluent limitations. 9

10 Who must comply with the permit? Everyone performing applications under the Use Patterns! But wait there is more Larger Entities must submit a Notice of Intent (NOI) Larger Entities have more permit requirements NOI is the application for permit coverage (e-noi) MPCA will issue a Notice of Coverage (NOC) Submit NOI prior to pesticide application 10

11 Submittal of NOI NOIs are required for those Permittees that discharge above the following proposed Thresholds: Use Pattern Mosquitoes Other Flying Insect Pests Vegetative Pests and Algae Control Proposed Aquatic Nuisance Animal Control Forest Canopy Pest Control Annual Threshold 6400 acres of pest management area 20 gallons of pesticide applied annually If treatment area is greater than 15% of the littoral zone for water bodies of 20 acres or greater; OR 20 linear miles of treatment area 20 acres of treatment area; OR 20 linear miles of treatment area 640 acres of pest management area 11

12 Who must submit an NOI? Vegetative Pests and Algae Control Use Pattern MPCA has attempted to be consistent with DNR A NOI must be submitted if: If treatment area is greater than 15% of the littoral zone for water bodies of 20 acres or greater; OR 20 linear miles of treatment area A permit is only needed if water is present at time of application Must comply with DNR regulations 12

13 Minnesota s Permit Program NPDES / State Disposal System (SDS) Permits 5 year permit term Technology Based Effluent Limits (TBELs) Water Quality Based Effluent Limits (WQBELs) Monitoring Requirements

14 Minimize Pesticide Discharges to Waters of the United States 14

15 Requirements for All Permittees Use the optimum amount of pesticide product and optimum frequency necessary to control the target pest, consistent with reducing the potential for development of pest resistance. Follow Label Directions! Follow MN Statutes 18B.07 (Pesticide Use) 15

16 Requirements for All Permittees Perform regular maintenance activities to reduce leaks, spills, or other unintended discharges of pesticides associated with the application of pesticide covered under this permit. Follow Good Housekeeping Practices MN Rules 18B (Equipment Cleaning) MN Statutes (Spill Reporting) 16

17 Requirements for All Permittees Maintain application equipment in proper operating condition by adhering to manufacturer s conditions and industry practices, and by calibrating, cleaning, and repairing such equipment on a regular basis. You must ensure that equipment s rate of pesticide application is calibrated to deliver the precise quantity of pesticide needed to achieve greatest efficacy against the target pest. Follow Manufacturer s Directions Calibrate Equipment Regularly 17

18 Requirements for All Permittees Monitor the amount of pesticide applied to ensure the optimal amount 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 18

19 Requirements for All Permittees Conduct Visual Monitoring during application and during any post application surveillance in and around the treatment area. Take a look around. Does anything look strange? 19

20 Requirements for All Permittees Report Adverse Incidents that may have resulted from a discharge from the pesticide application within 24 hours, followed by a 15-day written report. Report Spills, Leaks, or Other Unpermitted Discharges immediately, followed by a 15-day written report. Call the Duty Officer! Report any Adverse Incidents at (Metro Area) or (Statewide) 20

21 Minimize Pesticide Discharges to Waters of the United States 21

22 Integrated Pest Management Identify the problem (establish Pest Action Threshold) Identify/assess pest management alternatives (Look at other methods of control): No action Prevention Mechanical/physical methods Cultural methods Biological control agents Pesticides Pesticide Use Determine the pest action threshold is met Apply only when the pest action threshold is met. 22

23 Pesticide Discharge Management Plan Pest Management Team Area Description Control Measures Description include Schedule and Procedures to address: Requirements for ALL permittees Integrated Pest Management Adverse Incident Response Monitoring PDMP documents how discharges will be minimized and effluent limitations will be met. Keep it up-to-date. 23

24 Pesticide General Permit Schedule days 24

25 Questions? EPA s Website Elise Doucette elise.doucette@state.mn.us Website Search for Pesticide NPDES Permit Program 25

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27 Types of Permits Individual permits Developed for a specific facility. Considers the type of business, the type of wastewater (what s in it) and the receiving water. Previous conditions and limitations (antibacksliding and nondegradation). Rule requirements. General permits Developed to cover a large number of facilities with similar discharge characteristics. Applicability criteria developed. Reduced administrative burden. Reduced flexibility in applying standards and applicability. 27

28 Waters of the State Definitions, subd. 22 "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof 28

29 Waters of the U.S. Waters of the United States Waters of the United States or waters of the U.S. means: (a) All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; (b) All interstate waters, including interstate wetlands; (c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: (1) Which are or could be used by interstate or foreign travelers for recreational or other purposes; (2) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (3) Which are used or could be used for industrial purposes by industries in interstate commerce; 29

30 Waters of the U.S. Cont. (d) All impoundments of waters otherwise defined as waters of the United States under this definition; (e) Tributaries of waters identified in paragraphs (a) through (d) of this definition; (f) The territorial sea; and (g) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition. Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR (m) which also meet the criteria of this definition) are not waters of the U.S. Waters of the U.S. do not include prior converted cropland. Notwithstanding the determination of an area's status as prior converted cropland by any other federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act jurisdiction remains with EPA. [40 CFR ] 30