Kathy Hamel
A revised permit will replace the Aquatic Noxious Weed Permit issued in 2008. Knotweed Photo King County
I ll walk through the permit and highlight changes between the existing and revised draft permit. Feel free to ask questions during the talk.
The permit covers only indirect applications of herbicide to water. By indirect applications, Ecology means directly applying herbicide to plants where herbicide may drip from the plants or drift into adjacent waters such as riparian areas, lake shorelines, wetlands, wet areas, Spartina treatments.
Any in-water treatments must occur under the Aquatic Plant and Algae Permit (covers treatments of submersed plants like milfoil, Brazilian elodea). No in-water treatments simplifies permit notification and posting requirements. There are no recreational use restrictions and fish timing issues for indirect applications.
State-listed noxious weeds (some exceptions). Quarantine-listed weeds (some exceptions). Any non-native, potentially invasive plant not on the above lists as determined by Ecology, the State Weed Board, Agriculture, or the Invasive Species Council.
As before Agriculture holds permit coverage from Ecology and it will contract with entities treating noxious weeds. These entities will become limited agents of Agriculture. Limited agents must follow all permit conditions and provisions.
Permit covers herbicide treatments on all lands except federal and tribal lands. The EPA pesticide permit (issued October 31) will cover aquatic pesticide activities on federal and tribal lands in Washington.
All applicators must hold an aquatic endorsement and a license from Agriculture to treat. The label must always be followed, but the permit may be more stringent than the label. Operating under this permit does not mean that you don t need to follow other applicable local, state, or federal laws.
Ecology excludes some de minimus treatments from coverage such as treating in seasonally dry wetlands when the wetland is dry and the herbicide will not be biologically available when the water returns.
State permits cannot be less stringent than federal permits. EPA has a requirement for Pesticide Discharge Management Plans (DMP) in their permit. Ecology considers Agriculture s IPM plan for noxious emergent weeds to be the equivalent to EPA s DMP. Agriculture is required to update this plan by Feb 1, 2013.
This permit does not allow any in-water treatment so.. Ecology removed the herbicides used for inwater treatment from the permit: Fluridone Diquat Endothall Ester formulation of 2,4-D These herbicides are still allowed under the APAM
Ecology added five new active ingredients: Imazamox Clearcast Penoxsulam Galleon TM Bispyribac-sodium - Tradewind Carfentrazone-ethyl - Stingray Flumioxazin - Clipper Ecology also updated the list of aquaticapproved adjuvants.
Adding new chemicals triggered an addendum to the existing EIS for aquatic plant management. I ll talk more about these chemicals at the end of the talk. Ecology also plans to modify the Aquatic Plant and Algae Management permit to add these new chemicals to that permit.
Applicators must notify any businesses or residences within 200 feet of a treated site. Same day notice. Notification can be a conversation or written notification. Applicators need not post private property with no public access after they have notified the residents/businesses.
Applicators must post signs when treating within 200 feet of a public access. Must use sign templates in the permit, but may add additional treatment information. May also flag treated plants. Photo Swanson Tool Co.
CAUTION Imazamox will be applied under permit on to control the noxious weed(s). (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until. (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information, contact the applicator: Phone number: ( ) Or the Department of Ecology at ( )
Ecology has enough monitoring information for glyphosate, imazapyr, 2,4-D, and triclopyr treatments. Agriculture, the Permittee, will monitor after treatments of the new active ingredients.
Limited agents must report on-line at the end of the season: Water body name. Amount of active ingredient used. Acreage treated. Plant species targeted. Agriculture compiles this information and submits this to Ecology each year.
The permit includes five new active ingredients: 3 systemic herbicides penoxsulam, imazamox, bispyribac-sodium. 2 contact herbicides flumioxazin, carfentrazoneethyl. All the new ingredients are EPA reduced risk herbicides.
All active ingredients: Are agricultural chemicals. Can be used in-water. Can be used on emergent vegetation. Can be used in draw-down situations. Have few use restrictions (mostly irrigation restrictions).
I am NOT representing EPA they are the authority on their permit. See the EPA website: http://www.epa.gov/npdes/pesticides/ EPA is sponsoring a webinar. November 22 December 7 Will post an archived version on their website.
Permit covers the discharge of pesticides for: Mosquitoes and other flying insect pests Weed and algae control (e.g. milfoil, cyanobacteria) Animal pest control (e.g. invasive species) Forest canopy pest control (e.g. Gypsy Moth)
In Washington, the EPA permit only applies when treating on federal or tribal lands. Tribal Lands (excludes Puyallup Tribe Reservation) National Parks National Forests National Wildlife Refuges Military Lands Corps of Engineer Lands Reclamation Projects
EPA permit covers operators: 1. Entity that applies the pesticide or has day-to-day control of the application. (Applicators) 2. Any entity that makes the decision to apply the pesticide. (Decision makers) More than one operator may be responsible for complying with this permit for any single discharge. Coverage only available for discharges not likely to adversely affect ESA species or habitat. Set of criteria entities must go through.
Any decision maker with a discharge to water bodies with NMFS listed species of concern. Any agency for which pest management for land resource stewardship is an integral part of the organizations operation. Irrigation and weed control districts, or similar pest control districts. Local governments or other entities that exceed annual treatment thresholds (80 acres water, 20 linear miles).
Others do not need to submit an NOI, but are automatically covered under the EPA permit. Decision-makers may submit multiple NOIs with different activities. NMFS has 30 days after submission of NOI to provide an determination of not likely to affect listed species or critical habitat.
Decision-makers that submit NOI must develop a Pesticide Discharge Management Plan if they are large entities*. If they have to submit an NOI solely because of NMFS, they don t have to do a PDMP. Minimum PDMP requirements in permit IPM principles * Public entity that serves a population of 10,000 or more.
Adverse incidents Spills and leaks Annual reporting (table in permit for various operators) Electronic reporting