1. National Pollutant Discharge Elimination System (NPDES) Permitting and Pesticides Jeff Fischer Permits Section Water Resources Division fischerj1@michigan.gov; (517) 335-4188 southernsportsmanaquaticsandland.complants.ifas.ufl.edu/node/191

2. Coverage under General Permit Operator: Any entity associated with the application of pesticides which results in a discharge to Waters of the State that meet the following criteria: Operator: Any entity associated with the application of pesticides which results in a discharge to Waters of the State that meet the following criteria: 1) any entity who performs the application of a pesticide or who has day-to-day control of the application (i.e. are authorize to direct workers to carry out those activities); or 2) Any entity with control over the decision to perform pesticide applications including the ability to modify those decisions. NOTE: Operators identified in 1) above are referred to as Applicators while Operators identified in 2) above are referred to as Permittees.

3. Who has to Apply? Permittees required to submit an Application Certain Permittees who perform more significant pesticide applications will be required to submit an application. Certain Permittees who perform more significant pesticide applications will be required to submit an application. State and Federal Agencies for which pest management and land stewardship is an integral part of the organization’s operations State and Federal Agencies for which pest management and land stewardship is an integral part of the organization’s operations other entities with specific responsibility to control pests (e.g. mosquito and weed control districts) other entities with specific responsibility to control pests (e.g. mosquito and weed control districts) Entities that apply in excess of annual treatment area thresholds Entities that apply in excess of annual treatment area thresholds In general, except for those entities identified above any Operator with eligible discharges is automatically authorized to discharge and is not required to apply for and obtain coverage under a general permit. In general, except for those entities identified above any Operator with eligible discharges is automatically authorized to discharge and is not required to apply for and obtain coverage under a general permit.

4. EPA Treatment Threshold Revisions Annual Treatment Area Thresholds Annual Treatment Area Thresholds Mosquito & Forest Canopy pest control Mosquito & Forest Canopy pest control annual threshold to = or >6,400 acres/year annual threshold to = or >6,400 acres/year, No annual threshold for larviciding Adulticiding only, No annual threshold for larviciding Plant/Algae and Animal Plant/Algae and Animal = or >20 linear miles or 80 acres = or >20 linear miles or 80 acres Revised Treatment Area Calculation Revised Treatment Area Calculation Mosquitoes & Forest Canopy = total treatment area, multiple treatments to same area are additive over the calendar year. Mosquitoes & Forest Canopy = total treatment area, multiple treatments to same area are additive over the calendar year. 3000 acres 3x in year = 9000 acres toward annual threshold Weeds and Animals = treatment area, count multiple treatments to same area just once for area (linear distance) treated – not additive Weeds and Animals = treatment area, count multiple treatments to same area just once for area (linear distance) treated – not additive 5 acres 5x in year = 5 acres toward annual threshold

5. Large or Small Entity? Large Entities: Government agencies that serve a population >10,000 Government agencies that serve a population >10,000 Private entities based on Small Business Association (SBA) Standards. Private entities based on Small Business Association (SBA) Standards. (Below standard is small entity) Based on annual revenue or # of employees SBA standards website: http://www.sba.gov/content/table-small-business-size-standards Permit requirements for Large Entities: Permit requirements for Large Entities: Pest Management Measures Pest Management Measures Pesticide Discharge Management Plan (PDMP) Pesticide Discharge Management Plan (PDMP) Record Keeping & Annual Report Record Keeping & Annual Report Maintain detailed records Maintain detailed records Small Entities: Same as large except: complete a Pesticide Discharge Evaluation Worksheet (PDEW) for each application in lieu of more comprehensive PDMP. Same as large except: complete a Pesticide Discharge Evaluation Worksheet (PDEW) for each application in lieu of more comprehensive PDMP. Reduced Record Keeping requirements Reduced Record Keeping requirements NO Annual Report NO Annual Report

6. Summary of Permit Requirements Summary of Permit Requirements All Operators (Permittees and Applicators) All Operators (Permittees and Applicators) Minimize discharges by using only the amount of pesticide and frequency of application necessary to control target pest. Minimize discharges by using only the amount of pesticide and frequency of application necessary to control target pest. Monitor for and report any Adverse Incidents Monitor for and report any Adverse Incidents Control Discharges to meet applicable numeric and narrative state, territory, or tribal water quality standards. Control Discharges to meet applicable numeric and narrative state, territory, or tribal water quality standards. Applicators: Applicators: Maintain and calibrate equipment to prevent leaks and spills Maintain and calibrate equipment to prevent leaks and spills Apply pesticides during favorable weather conditions Apply pesticides during favorable weather conditions Not required to submit application for coverage if not also a Permittee Not required to submit application for coverage if not also a Permittee

7. Summary of Permit Changes Technology-Based Effluent Limitations Technology-Based Effluent Limitations Applicators: Re-worded “Optimal amount…” to “only amount and frequency necessary” Re-worded “Optimal amount…” to “only amount and frequency necessary” Permittees: Now require identification of target pest rather than species Now require identification of target pest rather than species Eliminated requirement to consider pest-resistance Eliminated requirement to consider pest-resistance Water Quality-Based Effluent Limitations Water Quality-Based Effluent Limitations Generally the same – narrative standard Generally the same – narrative standard Pest Management Measures Pest Management Measures Revised Terminology – replaces IPM Revised Terminology – replaces IPM Generally the same Generally the same Pesticide Discharge Management Plan (PDMP) Pesticide Discharge Management Plan (PDMP) Declared pest emergency – no PDMP Declared pest emergency – no PDMP Otherwise, generally the same Otherwise, generally the same Corrective Action Corrective Action Clarified that, for adverse incidents, only one operator needs to notify the Department provided reports are shared with other operators. Clarified that, for adverse incidents, only one operator needs to notify the Department provided reports are shared with other operators. Adverse incident reports now due in 30 days rather than 5 days Adverse incident reports now due in 30 days rather than 5 days www.thefullwiki.org/Pesticide

8. Summary of Permit Requirements Record Keeping Record Keeping Operators no longer require retention of paper copy of PGP Operators no longer require retention of paper copy of PGP Removed record keeping requirement for equipment maintenance, cleaning, and repair. Removed record keeping requirement for equipment maintenance, cleaning, and repair. Still requires some operators to document calibration activities. Still requires some operators to document calibration activities. Permittees who implement Pest Management Measures must keep documentation of visual monitoring. Permittees who implement Pest Management Measures must keep documentation of visual monitoring. Modified format, requirements separated by type of Operator Modified format, requirements separated by type of Operator Still allow use of other documents/procedures for compliance Still allow use of other documents/procedures for compliance Reduced requirements for Applicators and Small Entities Reduced requirements for Applicators and Small Entities Annual Report Annual Report Large entities only Large entities only Generally the same Generally the same

9. Permit Application and Forms General Permit Application General Permit Application NPDES application format NPDES application format Create new pesticides Section (VII) Create new pesticides Section (VII) Layout – category specific Layout – category specific Allow information from other applications Allow information from other applications Guidance/Instructions in application appendix Guidance/Instructions in application appendix Utilize forms from existing programs Utilize forms from existing programs e.g. ANC Treatment Report Form(s) = Annual Report e.g. ANC Treatment Report Form(s) = Annual Report Modify so will comply with both NPDES and state program requirements. Modify so will comply with both NPDES and state program requirements. Form Submittal Form Submittal Initially standard mail Initially standard mail E-mail submittal – under development E-mail submittal – under development All forms/documents/etc. will be available on-line on the pesticide control website. All forms/documents/etc. will be available on-line on the pesticide control website.

10. Application Requirements Application submittal deadlines Application submittal deadlines Statute provides Deparment 180 days from receipt of complete application Statute provides Deparment 180 days from receipt of complete application Department will make every effort to issue COCs within 30 days of receipt of a complete application Permittee must consider timing of applications when applying for coverage to ensure will have authorization in time. Reissuances - statute requires applications be received no less than 180 days before expiration of the applicable General Permit Reissuances - statute requires applications be received no less than 180 days before expiration of the applicable General Permit February permit expiration = apply by previous September February permit expiration = apply by previous September Application amendments Application amendments Required if propose to treat areas other than described in application Required if propose to treat areas other than described in application Government agencies – if propose to treat outside applicable jurisdictional boundaries Government agencies – if propose to treat outside applicable jurisdictional boundaries

11. Additional Items PDMP completion deadline PDMP completion deadline Permittees required to submit an application: Permittees required to submit an application: prior to the first pesticide application covered under the general permit prior to the first pesticide application covered under the general permit Permittees who will be required to submit an application when it is determined they will exceed the applicable annual treatment area threshold Permittees who will be required to submit an application when it is determined they will exceed the applicable annual treatment area threshold Prior to exceeding the annual treatment area threshold Prior to exceeding the annual treatment area threshold Endangered Species Considerations Endangered Species Considerations Utilize process already in place for ANC application review Utilize process already in place for ANC application review If observe E/T species, encourage responsible entity to fill out MNFI special species form – Part II.C.7 If observe E/T species, encourage responsible entity to fill out MNFI special species form – Part II.C.7

12. Next Steps Permit Issuance Permit Issuance Will occur this week – effective February 1, 2012 Will occur this week – effective February 1, 2012 Application Development Application Development Working to have forms and guidance available by the effective date of permit Working to have forms and guidance available by the effective date of permit Other forms Other forms Supporting Documents (PDMP/Annual Report/etc.) Supporting Documents (PDMP/Annual Report/etc.) Complete prior to application training workshop Complete prior to application training workshop Application Training Workshop Application Training Workshop February 24 th, Lansing Community College West Campus February 24 th, Lansing Community College West Campus Overview of permit and application requirements Overview of permit and application requirements

13. Application Training REGISTRATION Cost: $75 - Includes workshop materials and refreshments Cost: $75 - Includes workshop materials and refreshments For workshop details and on-line registration, go to: For workshop details and on-line registration, go to: www.michigan.gov/dnreworkshops www.michigan.gov/dnreworkshops and select “DEQ Workshops” – “Upcoming Workshops” Other Registration Information: Contact the Environmental Assistance Center at 800-662-9278 Other Registration Information: Contact the Environmental Assistance Center at 800-662-9278

14. Questions?