11

Permitting of Discharges from Pesticide Applications

An abbreviated unofficial adaptation of VDEQ’s presentation

VPDES UPDATEVirginia Pollutant Discharge

Elimination SystemPesticide General Permit

22

Background – DEQ VPDES PGP

During 2010 VA DEQ developed a VPDES Pesticides General Permit regulation to comply with the 6th Circuit Court's ruling and met the 10/31/11 deadline.

The permit became effective October 31, 2011 and will expire December 31, 2013 (SWCB must reissue the permit before then).

VA has started the second rulemaking process for this permit. Technical advisory committee met twice this summer. Public comment period expected April – May 2013.

33

PGP - Registration, Fees, Expiration Virginia’s general permit does not require the

operator to submit a Registration Statement or obtain a permit –operators are automatically covered under the permit.

No registration required, so there are no fees. Two year permit expires December 31, 2013.

This will give DEQ time to incorporate any changes needed from EPA’s final general permit.

You do have to comply with the permit regulations.

4

PGP - Who has Coverage? More than one operator (entity) may be

responsible for the same discharge resulting from a pesticide application.

Any operator authorized to discharge under this general permit is responsible for compliance with the permit terms for discharges resulting from the application of pesticides.

An operator is defined as:• The entity with control over the financing

for, or decision to perform pesticide applications; and

• The entity with day-to-day control or performs activities that are necessary to ensure compliance with the permit.

5

Summary of PGP Requirements● Minimize Pesticides Discharge● Meet Water Quality Limits● Consider/Implement IPM● Applicators monitor lowest effective amount,

regular maintenance, proper working condition● Visual Monitoring● Corrective Action, Report Spills & Adverse Incidents● Submit Annual Report - only if an adverse incident

occurred● Develop Pesticide Discharge Management Plan*● Maintain Pesticide Application Records*

* Required by General Permit if Annual Application Threshold is exceeded

Minimize Pesticide Discharge Using the lowest effective

amount of pesticide (FOLLOW LABEL)

Keeping equipment in sound mechanical condition and capable of satisfactory operation (same requirements as VDACS 2VAC20-20-170)

6

77

Meet Water Quality Effluent Limits The PGP includes a narrative water-quality

based effluent limitation applicable to all operators covered under the permit.• “The operator’s discharge of pollutants must

be controlled as necessary to meet applicable numeric and narrative water quality standards.”

VA DEQ expects that compliance with the FIFRA label requirements, plus compliance with the permit conditions will control the discharges as necessary to meet applicable water quality standards.

8

Consider/Implement IPM All operators are required to practice Integrated

Pest Management (IPM):• Identify/assess pest problem• Assess pest management alternatives• Follow appropriate procedures for pesticide use

99

PGP Monitoring Operators who are the applicator must monitor

to ensure:• The lowest effective amount of pesticide is used• Regular equipment maintenance is performed• That application equipment is in proper working

condition All operators must conduct a visual monitoring

(i.e., spot checks in and around the area where pesticides are applied) for possible/observable adverse effects during application and during any post application surveillance when feasible.

1010

PGP Pesticide Discharge Management Plan Operators exceeding annual treatment area

thresholds (6400 acres/year for mosquito control) are also required to prepare a Pesticide Discharge Management Plan (PDMP) for their pest management areas.

PDMPs:• Document how discharges will be minimized

and effluent limitations will be met. • Developed prior to first pesticide application

covered under the permit (usually).• Kept up-to-date for duration of permit

coverage, even if discharges subsequently fall below the applicable annual threshold.

1111

PGP PDMP Contents of the PDMP:

• Pesticide discharge management team• Pest management area description• Control measure description• Schedules and procedures documentation• Signature requirements• PDMP modifications and availability• *DEQ has template on web site

1212

PGP PDMP Contents of the PDMP:

• Pesticide discharge management teamThe persons responsible for: Managing pests in the pest management area Developing and revising the PDMP Developing, revising, and implementing

corrective actions and other effluent limitation requirements

Pesticide applications• Pest management area description Pest problem description Action thresholds General service area map

1313

PGP PDMP Contents of the PDMP (continued):

• Control measure description How you are going to comply with the narrative

‘limits’ (see below)• Schedules and procedures documentation Control measure documentation

o Application rate and frequencyo Spill preventiono Pesticide application equipmento Pest surveillanceo Assessing environmental conditions

1414

PGP PDMP Contents of the PDMP (continued):

• Schedules and procedures documentation (continued)2. Documentation of actions necessary to

minimize pesticide application dischargeso Spill response procedures o Adverse incident response procedureso Pesticide monitoring schedules and

procedures• Signature requirements• PDMP modifications and availability

1515

PGP Special Conditions Corrective Actions

● Control Measures must be revised when: An unauthorized release or discharge

associated with a pesticide application occurs (e.g., spills),

Control measures are not adequate for the discharges to meet technology based or Water Quality based limits, or

An adverse incident occurs.● Changes must be made before the next

pesticide application, if practicable.● Must be documented in PDMP.

1616

PGP Reporting Adverse Incident Reporting

• All permittees are required to report adverse incidents and spills to DEQ. (24-hr, 5-day)

• These reports are in addition to those the permittee must make for FIFRA. (48-hr)

• Additional notifications may need to be made if the adverse incident involves threatened or endangered species, or to critical habitat.

Annual Reporting • Any permittee that has an adverse incident is

required to submit an annual report to DEQ summarizing all the adverse incidents that occurred during the calendar year. No annual report required if no adverse incidents occur.

17

PGP Recordkeeping Records that must be kept:

• Adverse Incident Reports• Corrective Action Documentation• Annual Reports - if adverse incident

occurs• Pesticide Discharge Management Plan*• Pesticide Application Records*

* Required by PGP if the Annual Application Threshold is exceeded.

Changes Considered for 2013 Pesticide Permit ???

EPA definition changes Expand forest pest control category to include aerial

utility transmission and distribution line pest control. Make the acreage calculations consistent. Clarify who does what. For example, make the

applicator/operator responsible for meeting the requirements to 'minimize pesticide discharges to surface waters‘ and IPM done by the ‘decision maker/operator.’ Also larger operators (either owner or applicator) who must do a PDMP must document IPM in the PDMP.

Simplify the monitoring requirements to just visual monitoring when feasible. 18

19

PGP on the Web DEQ VPDES webpage contains:

• Pesticide General Permit Regulation• General Permit (HAVE IT READ IT)• Fact Sheet• PDMP Template

http://www.deq.virginia.gov/Programs/Water/PermittingCompliance/PollutionDischarge

Elimination/PermitsFees.aspx#pest

CURRENT LEGISLATIVE EFFORTS

Senate Bill , S. 175

Introduced to ensure that Clean Water Act permits are not needed for the applications of pesticides currently registered under the Federal Insecticide, Fungicide and Rodenticide Act

20

LANE CARR & JENNIFER WELCH, HENRICO DPW

PGP TAC “MOSQUITO” MEMBERS,CHARLES ABADAM, SUFFOLK MOSQUITOTIM DUBOIS, HAMPTON MOSQUITOJOE SIMMONS, CHESAPEAKE MOSQUITOMARCUS LEEPER, NEWPORT NEWS DPW

PGP TAC MEMBERS FROM OTHER DISCIPLINESOUR NORTHERN VA SUPPORTERS

LAST BUT NOT LEAST VDEQ FRED CUNNINGHAM, DEQELEANOR DAUBE, DEQ (PRESENTATION CREDITS)

BURTON TUXFORD, DEQ BILL NORRIS, DEQ LIZA FLEESON, VDACS-OPS

ACKNOWLEDGEMENTS

21

2222

PGP DEQ Contacts Central Office PGP Contacts:

Fred Cunningham (804/698-4285)(frederick.cunningham@deq.virginia.gov)

Elleanore Daub (804/698-4111)(elleanore.daub@deq.virginia.gov)

Burt Tuxford (804/698-4086)(burton.tuxford@deq.virginia.gov)

Questions?

HTTP://WWW.CONTACTINGTHECONGRESS.ORG/

Look up US senator or reps by address, zip, or just click on your state

23