AZPDES ARIZONA PESTICIDE GENERAL PERMIT. SWVMA Annual Conference October 29, 2014

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1 AZPDES ARIZONA PESTICIDE GENERAL PERMIT SWVMA Annual Conference October 29, 2014

2 CWA Clean Water Act Background The CWA establishes national permitting framework for the discharge of pollutants from point sources to waters of the U.S. Nationally, this permitting framework is known as National Pollutant Discharge Elimination System (NPDES). Arizona, known as Arizona Pollutant Discharge Elimination Program (AZPDES).

3 AZPDES Arizona delegated authority from EPA to implement AZPDES program in Arizona (except for Indian County) in December Examples of permitted activities include wastewater treatment facilities, industrial facilities (airports, mines, chemical plants, auto salvage yards, landfills, etc.), construction sites, municipal stormwater other sources/activities that discharge pollutants to waters of the U.S. via a point source.

4 Former Exemption November 2006 Final CWA Pesticide Rule The application of a pesticide to waters of the United States consistent with all relevant requirements under FIFRA does not constitute the discharge of a pollutant that requires a NPDES permit in the following two circumstances: 1. The application of pesticides directly to waters of the US to control pests. Examples of such applications include applications to control mosquito larvae, aquatic weeds, or other pests that are present in waters of the US; and 2. The application of pesticides to control pests that are present over waters of the U.S., including near such waters, where a portion of the pesticides will unavoidably be deposited to waters of the US to target the pests effectively; for example when insecticides are aerially applied to a forest canopy where waters of the US may be present below the canopy or when pesticides are applied over or near water for control of adult mosquitoes or other pests.

5 Challenge to 2006 Rule In December, 2006 petitions for review were filed in all 11 Circuit Courts. Petitions were consolidated in the 6th Circuit Court of Appeals. On 1/7/09 the 6th Circuit vacated the CWA pesticides rule, stating that the rule was not a reasonable interpretation of the CWA. Biological pesticides Court considered biological materials a pollutant under the CWA stating all biological pesticides are pollutants because they undeniably alter the physical integrity of the waters. Chemicals pesticides Court considered chemical wastes pollutants also stating that chemical pesticides are pollutants if they leave a residue (or waste ). On 6/8/09, the 6th Circuit granted EPA s request and ordered a two year stay of the mandate until 4/9/11.

6 PGP EPA issued Federal PGP for public notice and comment in June Public comment period on Federal permit ended July 19, ADEQ s PGP final permit became effective on October 31, Applicators who meet the eligibility requirements of the PGP must obtain coverage under Arizona s PGP for applications of pesticides directly to, over, or near a waters of the U.S.

7 Covered Uses Pesticide Uses Covered by EPA Permit: Mosquito and Other Flying Insect Control Aquatic Weed and Algae Control Aquatic Nuisance Animal Control Forest Canopy Pest Control ADEQ permit anticipates adding specific approvals for use patterns not covered by the above.

8 Not Applicable Pesticide Permit Does NOT Cover Terrestrial applications to control pests on agricultural crops or forest floors; Off target spray drift; Activities exempt from permitting under the Clean Water Act: - Irrigation Return Flow - Agricultural Stormwater Runoff

9 Permit Part 1 Permit Area and Eligibility: Arizona s PGP applies to all areas within the state, except Indian Country. Permitting on Indian Country is through U.S. EPA.

10 Permit Part 1 Pesticide Uses Covered: a. Mosquito and Other Flying Insect or Pest Control to control public health/nuisance pests which develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other insect pests in this use category include but are not limited to mosquitoes and black flies. b. Weed, Algae, and Vegetation (herbaceous and woody) Control to control invasive or other nuisance weeds, vegetation, and algae in water and at water's edge, including irrigation ditches and/or irrigation canals.

11 Permit Part 1 Pesticide Uses Covered (Cont d) c. Animal Pest Control to control invasive or other animal pests in water and at water s edge. Animal pests in this use category include, but are not limited to fish, lampreys, and mollusks. d. Forest Canopy Pest Control the application of a pesticide to the forest canopy to control the population of a pest species (e.g., insect or pathogen) where to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water.

12 Permit Part 1 Pesticide Uses Covered (Cont d): e. Specific Approvals other similar pesticide discharges determined to be in the scope of this permit and approved in writing by the department in advance of the discharge.

13 Permit Part 2 How Do I Get Permit Coverage? Any person who applies pesticide directly to, over, or near a water of the U.S. is subject to permitting. Arizona s PGP specifies many applicators are automatically covered (i.e., they do not need to submit a Notice of Intent, NOI, or otherwise notify ADEQ). Example, a normally dry wash (ephemeral waters). Applicators who are not required to submit a NOI are still required to comply with applicable permit conditions.

14 Permit Part 2 What Activities Require an NOI: a. Discharges to waters designated as aquatic and wildlife (warm or cold water); b. Discharges to effluent dependent waters that flow more than 2.5 miles from the nearest point source; c. Discharges to impaired waters (see section ); d. Discharges to Outstanding Arizona Waters (see section ); and e. Specific approvals (see section e).

15 Permit Part 2 What is an NOI: Form provided by ADEQ Notice to the department about the activity ADEQ processes the NOI and issues unique authorization number Typically within seven days Must submit a Notice of Termination (NOT) to closeout permit coverage

16 ADEQ - NOIs Type of NOIs: Single Source a discharge activity to one receiving water, but may be recurring throughout the permit term. Areawide Discharges to two or more receiving waters and may be recurring throughout the permit term. However, separate NOIs are required for areawide discharges that cross a watershed, a political boundary, or both.

17 NOI Single Source Example - Single Source Discharge to Lake Pleasant to control invasive spp. would require Single Source NOI. Coverage allows for multiple pesticide applications throughout the permit term.

18 NOI- Areawide Example Areawide City submits Areawide NOI to cover pesticide discharges to all waters within its political boundary. If two or more watersheds exist within the political boundary, the city would submit a separate NOI for each watershed.

19 Permit Part 3 What is Required by Permit: Identify the pest problem What is target spp., what is contributing to the problem, establish target threshold What are pest management options no action, prevention, mechanical or physical methods, cultural methods, biological control agents, pesticides Pesticide use conduct surveillance to determine when action threshold is met, apply pesticide only when action threshold is met

20 Permit Part 4 Surface Water Quality-Based Limitation If a surface water quality standard is exceeded, you must take corrective actions in accordance with Permit Part 7

21 Permit Part 5 Monitoring: Must conduct visual assessment monitoring as part of any pesticide application. Looking for adverse incidents to non-target organisms exposed to pesticide.

22 Permit Part 6 Pesticide Discharge Management Plan PDMP required for those persons who must submit an NOI and meet threshold values (acres, linear feet, etc.) listed in the permit. Note, these are the same thresholds used by EPA, except there is no numeric threshold for discharges to impaired waters and OAWs.

23 PDMP Do I Have to Submit my PDMP to ADEQ? Maybe Yes, if the proposed pesticide application involves an impaired water (which is impaired for the pesticide being used) Yes, if the proposed pesticide application is to Outstanding Arizona Water (OAW) Yes, if it is for a specific approval Yes, if ADEQ specifically requires submittal. Otherwise, no (this is most common)

24 Permit Part 7 Operators must Conduct Corrective Actions for the Following Conditions: a. An unauthorized release or discharge associated with the application of pesticides (e.g., spill, leak, or discharge not authorized by this or another AZPDES permit) occurs; b. Operators become aware, or ADEQ concludes, that Pest Management Measures are not adequate/sufficient for the discharge to meet applicable water quality standards;

25 Permit Part 7 Corrective Actions (cont d): c. Any monitoring activities indicate failure to meet applicable technology-based effluent limitations; d. An inspection or evaluation of your activities by an ADEQ official reveals that modifications to the control measures are necessary to meet the nonnumeric effluent limits in this permit; or e. Any operator observes or is otherwise made aware of an adverse incident.

26 Permit Part 8 Recordkeeping and Reporting for All Operators: a. A copy of this permit (an electronic copy is acceptable); b. A copy of any Adverse Incident; c. The rationale for any determination that reporting of an identified adverse incident is not required consistent with allowances identified in section 7.4.1; d. A copy of any corrective action documentation; and e. A copy of any spill, leak, or other unpermitted discharge documentation.

27 Permit Part 8 Annual Report: Operators who submitted a NOI, must complete an annual report and keep it with their records. Operators who submitted an NOI and had to submit a PDMP to ADEQ must also submit the AR to ADEQ (impaired waters, OAWs, specific approvals).

28 Fees Fees are set in State rule (A.A.C. R ) Fees are only required if an NOI is submitted. Single Source $250 Areawide $500 PDMP Review $1,000 Billed annually until Notice of Termination is submitted.

29 CONTACT Where to Get More Information Sign up for ADEQ Draft PGP ListServe at: Contact: Christopher Henninger

30 Closing Additional Discussion

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