1. Jenelle HillPGP CoordinatorU.S. EPA, Region 6214-665-9737Hill.jenelle@epa.gov

2. Posting of EPAs Final PGP EPAs final Pesticide General Permit(PGP) was posted online onOctober 31, 2011: Has concluded interagency review by the Office of Management and Budget. Does contain additional conditions from ongoing Endangered Species Act (ESA) consultation with NMFS & USFWS.2 3. Pesticide Use Patterns 3 4. Part 1: NPDES Pesticide PermittingNPDES CWA Statutory Framework Any point source Must obtain NPDES discharge of permit coverage a pollutant (provides legal authority to waters of for those discharges of the U.S. pollutants to waters of the U.S.) 4 5. CWA NPDES Statutory Framework (cont.)40 CFR 122.2 defines point source as: Any discernible, confined, and discrete conveyance, includingbut not limited to: Any pipe, ditch, channel, tunnel, conduit, well, discretefissure, container, rolling stock, concentrated animal feedingoperation, landfill leachate collection system, vessel or otherfloating craft from which pollutants are or may bedischarged.The court ruled that discharges from pesticideapplications are point sources (e.g., from a hose oran airplane).5 6. CWA NPDES Statutory Framework (cont.)40 CFR 122.2 defines discharge of a pollutant as: (a) Any addition of any pollutant or combination of pollutants to waters of the United States from any point source, or (b) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. This definition includes additions of pollutants into waters of the U.S. from: surface runoff which is collected or channeled by man; discharges through pipes, sewers, or other conveyances owned by aState, municipality, or other person which do not lead to a treatmentworks; and, discharges through pipes, sewers, or other conveyances, leading intoprivately owned treatment works. This term does not include an addition of pollutants by any indirect discharger.The court ruled that biological pesticides and chemicalpesticides that leave a residue are pollutants.6 7. CWA NPDES Statutory Framework (cont.)40 CFR 122.2 defines Waters of the United States or waters of the U.S. as: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;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; andg) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) through (f) of this definition.More information about waters of the U.S. can be found in EPA Guidance: (http://water.epa.gov/lawsregs/guidance/wetlands/CWAwaters.cfm).7 8. Clean Water Act Exemptions from NPDES PermittingIrrigation Return Flow:Generally Exempt byStatute CWA 502(14)Agricultural Stormwater:Generally Exempt byStatuteCWA 502(14)8 9. Scope The EPA PGP will cover pesticides authorized foruse under FIFRA, and generally includespesticide applications covered by the 2006Rule. The EPA PGP will cover the following pesticideuse patterns (with discharges to waters of theU.S.) for the control of: Mosquitoes and Other Flying Insect Pests Weed and Algae Animal Pests Forest Canopy Pest 9 10. Whos not Eligible for PGP? Discharge to impaired waters are not eligible for coverage from a pesticide application to WUS identified as impaired by the active ingredient in that pesticide or is a degradate of the active ingredient Discharge to tier 3 waters except for discharges from pesticide applications made to restore or maintain water quality or to protect public health or the environment that either do not degrade water quality10 11. Whos not Eligible for PGP? Discharges currently or previously covered by another NPDES permit Applications that do not result in a point source discharge to Waters of the U.S., (i.e. terrestrial applications for controlling pests on agricultural crops, forest floors, or range lands) Agricultural runoff and irrigation return flows continue to be exempt from permitting under the CWA 11 12. Whos an Operator? The EPA PGP defines operator as any entity associated with an application of a pesticide which results in a discharge to Waters of the U.S. Operators are entities that meet either or both of the following two criteria: (1) Are a decision-maker who has control overthe decision to perform pesticide applications. (2) Are an applicator who has day-to daycontrol of or performs activities that arenecessary to ensure compliance with thepermit.12 13. Authorization Delays EPA may delay authorization to dischargeto Waters of the US EPA may determine that additional TBEL&/or WQBEL effluent limits are needed EPA may deny coverage under the PGP &require submission of an application for anindividual NPDES permit13 14. How will I know if my NOI is accepted? Number of days after the NOI is shownaccepted on the webpagewww.epa.gov/npdes/pesticides/eNOI 10 days if discharging to Waters of the US with OUT NMFS Resources of Concern 15 days if discharging to Waters of the US with NMFS Resources of Concern 14 15. Who Must Submit NOI Decision-makers who perform more significant pesticide applications: State and Federal agencies Other types of entities with a specific responsibility to control pests (e.g., mosquito and weed control districts, irrigation districts) Other entities that apply pesticides in excess of specified annual treatment area thresholds Discharges to Tier 3 waterbodies (ONRW) Discharges to NMFS Resources of Concern 15 16. Thresholds for Decision-makers Required to Submit NOI Annual Treatment Area ThresholdsPesticide Use Annual Threshold (NOI Required)Mosquitoes and Other Insect, Area-wide,6,400 acres of pest management areaForest CanopyVegetation and Algae Control:-In Water 80 acres of treatment area20 linear miles of treatment area at- At Waters Edge:waters edgeAnimal Control:-In Water 80 acres of treatment area20 Linear miles of treatment area at- At Waters Edgewaters edge 16 17. Summary of NMFS BO on PGP Only includes additional permit conditions for: NMFS Species/Habitat Salmon, Sturgeon, Eulachon Location ID, WA, OR, CA, NH, MA & DC NMFS offers Reasonable and PrudentAlternative with 3 elements to ensure PGPdoes not jeopardize continued existence oflisted species and critical habitat. 17 18. Summary of PGP Requirements All operators (Decision-makers and Applicators): minimize discharges by using only the amount of pesticideand frequency of application necessary to control the targetpest visual monitoring and reporting any adverse incidents control discharges to meet applicable numeric and narrativestate, territory, or tribal water quality standards Applicators: maintain and calibrate equipment to prevent leaks andspills apply pesticides during favorable weather conditions Do NOT submit NOIs if not also a Decision-maker18 19. Large & Small Entity Requirements Decision-makers that are required to file NOI:LARGE (public: serves >10,000; private: exceeds SBA standard): implement IPM-type procedures develop a Pesticide Discharge Management Plan(PDMP) submit annual reports maintain detailed recordsSMALL: implement IPM-type procedures complete a pesticide discharge evaluationworksheet for each application (in lieu of morecomprehensive PDMP, annual report, and detailedrecordkeeping) 19 20. Who Needs to do Annual Reporting ALL Decision-makers who are required to submit NOI Any Decision-maker NOT required to submit an NOI, but that discharges to WUS containing Resources of Concern Any Small Entity that discharges to WUS containing Resources of Concern 20 21. NOI Form Operator Info Operator Type i.e. Local, State, Fed, etc EIN Pest Management Area Location Pesticide Use Pattern Receiving Waters Tier 3 or Impaired Waters Endangered Species Protection 21 22. Annual Report Form General Info Adverse Incident & Corrective Actions Describe Adverse Incident Date & Time EPA Notified Pest Management Area(s) Pesticide Use Pattern Treatment Area Application Method & Quantity Applied Certification 22 23. Adverse Incident Report 24HR Adverse Incident Notification Location of Incident Mitigation When EPA Notified of Adverse Incident Date Time Rationale Why Adverse Incident NotificationNot Required Why not Caused by Pesticide Exposure Certification23 24. NPDES Program Authorizations (PGP)New Mexico (NM)Oklahoma (OK) OK ARNMArkansas (AR)LATXLouisiana (LA)Texas (TX) State NPDES Program StatusNote: EPA Region 6 for Pesticidesalso permitsactivities on Indian Authorized (State permits)Country landsUnauthorized (EPA permits)within NM, TX, OK,AR & LA.24 25. Part 1: NPDES Pesticide PermittingNPDES Program Authorizations (PGP)WA VTND ME AK MT MN NHORIDSD WINYMAWY MI RIIA PA CTNEOH NJ NV IL IN DE CAUTCOWV VAU.S. Territories KSMO MDKY American TNNCDC SamoaAZ OK ARSC NM Guam MS AL GA Johnston AtollTXLA Midway/Wake HI FL Islands N. Mariana Islands State NPDES Program Status for Pesticides Puerto Rico Authorized (State permits) Virgin IslandsUnauthorized (EPA permits) EPA also permits activities on Indian Authorized but excludes federal facilities Country lands (excl. ME).In certain instances, EPA may authorize a state to administer a portion of theNPDES program but not the entire program.25 26. Additional OK Requirements In accordance with Oklahoma WQS PGP is denied for NEW discharges to anywaterbody designated as ScenicRiver, ORW, HQW, or SWS in OK WQS PGP is denied for NEW discharges to all watersof the state located within their watersheds Contact for those seeking coverage ODAFF A copy of ODAFF determination shall be sentwith NOI to EPA 26 27. Additional OK Requirements New discharges to Tier 2 Areas are allowed inthose circumstances where the dischargerdocuments their eligibility and demonstrate howtheir new discharge will maintain or improvewater quality to ODAFF for determination ofeligibility New discharges or increased pollutant loadingfrom existing discharges to any waterbody areallowed only under such conditions that ensurethat the recreational and ecological significanceof these waters will be maintained27 28. Part 1: NPDES Pesticide PermittingNPDES Fact Sheet Components NPDES regulations require manypermits, including all general permits, to include afact sheet What type of information is contained in a generalpermit fact sheet? Principal facts and significant factual, legal, methodological, and policy questions considered in preparing the permit. Brief description of types of activities covered. Types of discharges covered. Rationale for permit requirements, including calculations and analysis. Brief summary of the basis for permit conditions. Complete list of contents available at 40 CFR 124.8 and 124.56. 28 29. Part 1: NPDES Pesticide PermittingNPDES Permitting AuthorityAny State that seeks to administer the NPDES program must demonstrateadequacy to EPA in the following areas: Scope, structure, coverage and processes of the State program. Organization and structure of the State agency or agencies which will haveresponsibility for administering the program: (1) State agency staff who will carry out the State program. (2) Estimated costs of establishing and administering the program. (3) Sources and amounts of funding. Applicable State procedures, including permitting procedures and any Stateadministrative or judicial review procedures; Copies of the permit form(s), application form(s), and reporting form(s)the State intends to employ in its program. Description of the States compliance tracking and enforcement program. 29 30. Part 1: NPDES Pesticide PermittingAreas Where EPA is the NPDES PermittingAuthority for Pesticides All discharges, including from Federal facilities: States: AK, ID, MA, NH, NM, and OK Territories/Other: All, except VI Discharges from Federal facilities only: CO, DE, VT, WA Discharges on Indian Country lands: All, except in ME Notes: AK DEC recently authorized but program to be phased in for pesticides. OK DEQ authorized but not to regulate pesticide activities. 30 31. Part 1: NPDES Pesticide Permitting State-Issued NPDES Permits State-issued general permits must meet all CWA requirements that theFederally-issued permit must meet but can be more stringent. Permits are written based on a permit writers best professionaljudgment. Judgments may differ, so how each permit satisfies the CWA requirement may differ in some respects. EPA does maintain an oversight role. If EPA determines that a specific state condition fails to satisfy a particular CWA requirement, EPA could object to that permit. No pesticide state permit has been objected to by EPA to date. NPDES authorized states should have permits issued and effective byOctober 31, 2011. Citizens have a right to challenge EPA and state NPDES permits.31 32. For more information on NPDESPesticide permitting:www.epa.gov/npdes/pesticidesAdministrative Record for permit available at:www.regulations.gov (docket ID: EPA-HQ-OW-2010-0257)Send any pesticide general permit related questions to:pgp@epa.gov32 33. Part 2: EPAs Final PGPSummary of ESA Consultation Under ESA 7(a)(2), EPA is required to consult with the FWS & NMFS (together theServices) to ensure that any federal action is not likely to jeopardize the continuedexistence of any endangered or threatened species or result in the destruction oradverse modification of critical habitat. EPA issued NPDES permits, such as EPAs PGP, are federal actions that must undergoconsultation.Consultation may be informal and/or formalo Informal consultation can be used if EPA believes the action is not likely toadversely affect any listed species/critical habitat.o Formal consultation must be used if EPA determines the action is likely toadversely affect any listed species/critical habitat. Where the Services determine the action is likely to jeopardize listed species or criticalhabitat, the Services must provide a biological opinion (BiOp) which must includereasonable and prudent alternatives (RPA), if any.33 34. Pesticides Permit Decision ToolEPA has developed an interactive tool forpotential permittees to guide them step-by-stepthrough questions to help them: Determine if an NPDES permit will be needed for their pesticide application when the requirement for a permit takes effect; For those who determine they need a permit, determine if they are eligible for coverage under EPAs PGP; and If they are eligible for coverage under EPAs PGP, understand what their requirements will be under the PGP.34 35. Part 2: EPAs Final PGPESA Consultation with NMFS EPA Received NMFS Draft BiOp on June 17, 2011. Draft BiOp concluded PGP likely to jeopardize continued existenceof endangered & threatened species. NMFS offered Reasonable and Prudent Alternative with 3 elementsto ensure PGP does not jeopardize continued existence of listedspecies and critical habitat. EPA sought public comment for 30 days on the Reasonable and Prudent Alternative (RPA) in NMFS draft BiOp. On October 14, 2011 NMFS provided EPA with the Final BiOp. The final permit reflects the revisions to the April, 2011, draft final permit as a result of consultation and in order to ensure the protection of endangered & threatened species and their critical habitat.35 36. Part 2: EPAs Final PGPESA Consultation with FWS EPA continues to be in consultation with FWS. EPA will modify this permit should the Agency find that the consultation demonstrates that different permit limits or additional conditions to protect listed resources are warranted. Any such modifications would require public notice and an opportunity for comment.36 37. Part 2: EPAs Final PGPContents Eligibility (Part 1) Scope Notice of Intent (NOI) Effluent Limits Technology-Based(Part 2) Water Quality-Based (Part 3) Monitoring(Part 4) Pesticide Discharge Management Plan (Part 5) Corrective Action (Part 6) Recordkeeping and Reporting (Part 7) CWA Section 401 Certifications(Part 9) Forms (Appxs D-H) 37 38. Part 2: EPAs Final PGPScope The PGP covers pesticides authorized for use underFIFRA, and generally includes pesticide applications coveredby the 2006 Rule. The PGP covers the following pesticide use patterns (withdischarges to waters of the U.S.): Mosquitoes and Other Flying Insect Pests Weed and Algae Animal Pests Forest Canopy Pest 38 39. Part 2: EPAs Final PGPEligibility - Scope Who is an Operator? The PGP defines operator as any entity associated with an application of a pesticide which results in a discharge to waters of the U.S. Operators are entities that meet either or both of the following two criteria: (1) Are a Decision-maker who has control over the decision to perform pesticide applications. (2) Are an Applicator who has day-to day control of or performs activities that are necessary to ensure compliance with the permit. 39 40. Part 2: EPAs Final PGPEligibility Notice of Intent (NOI) Who Has to File an NOI? The vast majority of Operators covered under the permit will be covered automatically without having to notify EPA and will only be required to notify EPA in the event of an adverse incident resulting from the pesticide application. Certain Decision-makers who perform more significant pesticide applications will be required to submit an NOI to obtain authorization to discharge: Any Agency for which pest management for land resource stewardship is an integral part of the organizations operations. Other types of entities with a specific responsibility to control pests (e.g., mosquito and weed control districts, irrigation districts) Other entities that apply pesticides in excess of specified annual treatment area thresholds Dischargers to Tier 3 waterbodies Dischargers to Waters of the U.S. containing NMFS Listed Resources of Concern EPA developed an electronic NOI system (eNOI) to make it easy for permittees to request permit coverage. In general, Applicators will be covered under the permit automatically without the need to submitan NOI. Note: If an applicator is a decision-maker, they must submit NOIs. However, for-hireapplicators who are not decision-makers do not need to submit NOIs.40 41. Part 2: EPAs Final PGPThresholds for Decision-makers required to submit NOIMosquito and Othertreat > 6,400 acres/calendar year*Flying Insect Pest Control,Forest Canopy Pest Control:Weed and Algae Pest Control,treat > 20 linear miles OR 80 acresAnimal Pest Control: Note: For mosquito control, larvaciding activities not included in the total. Refer to the definition of Annual Treatment Area Threshold in Appendix A of thepermit to determine how to calculate annual treatment areas.41 42. Part 2: EPAs Final PGPDecision-makers required to submit NOI as a result of discharges toWaters of the U.S. containing NMFS Listed Resources of Concern Limited to: NMFS Species/Habitat Salmon, Sturgeon, Eulachon Locations ID, WA, OR, CA, NH, MA & DC Maps available at http://www.epa.gov/npdes/pesticides EPA expects less than 2% of the total number of Operators under this permitwho will need to meet additional ESA requirements.Decision-makers must meet at least one of the criteria (B-F) in Part 1.1.2.4 of the Permit to be eligible. B & C existing Section 7 consultation or Section 10 permit D declared pest emergency situations E prior written correspondence from NMFS F demonstration that pesticide activities are not likely to adversely affectNMFS Listed Resources of Concern Note Appendix I outlines procedures to determine under which criteria a Decision-maker may qualify. 42 43. Part 2: EPAs Final PGPTiming of NOI Filing All Operators with eligible discharges are authorized forpermit coverage through Jan 12, 2012 without submissionof an NOI. After Jan 12, 2012, All Operators with eligible discharges forwhich an NOI is not required are also automatically coveredunder this permit. After Jan 12, 2012, All Decision-makers with eligibledischarges for which an NOI is required are required tosubmit an NOI consistent with the earliest due dateidentified in Table 1-2 of the permit. 43 44. Part 2: EPAs Final PGPTiming of NOI Filings Operator TypeNOI Submission DeadlineAny Decision-maker with any discharge to Waters of At least 30 days before any dischargethe United States containing NMFS ListedResources of Concern, except for those dischargesin response to a Declared Pest EmergencySituation.Any Decision-maker with a discharge in response to At least 30 days after beginning discharge.a Declared Pest Emergency for which that activitytriggers the NOI requirement identified in Part 1.2.2,except for any discharges to Waters of the UnitedStates containing NMFS Listed Resources ofConcern.Any Decision-maker with any discharge to Waters of Within 15 days after beginning to dischargethe United States containing NMFS ListedResources of Concern, in response to a DeclaredPest Emergency Situation.Any Decision-maker that exceeds any annual At least 10 days before exceeding an annualtreatment area threshold.treatment area threshold.Any Decision-maker otherwise required to submit an At least 10 days before any discharge for which anNOI as identified in Table 1-1 (i.e, Tier 3 waters)NOI is required.44 45. Timing of NOI FilingsExample date of discharge Deadline to submit NOIOctober 31, 2011-January 12, 2012 None, no NOI required.January 13, 2012January 3, 2012 (10 days prior to discharge)for most applications; orDecember 14, 2011 (30 days prior todischarge) for areas that overlap with NMFSListed Resources of ConcernAny date from January - 10 days prior to discharge for most13, 2012 and afterapplications-30 days prior to discharge for areas thatoverlap with NMFS Listed Resources ofConcern-Emergency Discharges submit NOI on Feb13, 2012 (after 30 days) or Jan 28, 2012(after15 days if to waters containing NMFSListed resources of Conern)From December 1-15, 2011, and None needed for discharge in December. Submit by March 2,then again from March 12-30, 2012 2012 (or Feb 12 to areas with NMFS Listed resources) fordischarge that begins March 12.45 46. Part 2: EPAs Final PGPElectronic NOI Submission (eNOI) Decision-makers must filean eNOI unless requestinga waiver because the use ofeNOI would incur undueburden or expense (willneed to provide reason inpaper NOI). eNOI will be available byend of November 2011. Website will includeguidance on how to useeNOI system. 46 47. Part 2: EPAs Final PGPEffluent Limits Technology-Based Effluent Limits(TBELs) All Operators must minimize discharges by (part 2.0): Using only the amount of pesticide and frequency of applicationnecessary to control the target pest Applicators must (Part 2.1): Maintain pesticide application equipment in proper operational condition Asses weather conditions Certain Decision-makers (i.e., Federal and state agencies, other entitieswith responsibility to control pests, and other entities that apply pesticidesin excess of specified annual treatment area thresholds) must implementpest management measures based on IPM principles (Part 2.2.1 2.2.4): Identify/assess pest problem Assess pest management alternatives Follow appropriate procedures for pesticide use 47 48. Part 2: EPAs Final PGPEffluent Limits Water Quality-Based EffluentLimits (WQBELs) The permit includes a narrative WQBEL, Your discharge must becontrolled as necessary to meet applicable numeric and narrativestate, territorial, or tribal water quality standards (WQS). EPA expects that compliance with FIFRA in addition to compliancewith the conditions in the permit will control discharges as necessary to meet applicable water quality standards. EPA permits require 401 certification from states, where somestates added requirements to ensure consistency with State WQS. During the life of the permit, EPA may determine, after reviewing new information, that additional control measures are warranted.48 49. Part 2: EPAs Final PGPMonitoring Applicator Responsibility (part 4.1): Must conduct visual monitoring to detect observable adverseincidents that may be related to the pesticide discharge. All Operators (Part 4.2) If any post-application surveillance, must conduct visualmonitoring to detect observable adverse incidents that may berelated to the pesticide discharge.49 50. Part 2: EPAs Final PGPPesticide Discharge Management Plan (PDMP) Any Decision-maker who is required to develop an NOI and is aLarge Entity (public: serves >10,000; private: exceeds SBA standard) isrequired to develop a PDMP (Part 5.0). Not required if Decision-maker is submitting an NOI solely for; Discharges in response to a Declared Pest Emergency Situation; or Discharges to Waters of the US containing NMFS Listed Resources of Concern PDMP documents how discharges will be minimized andeffluent limitations will be met Decision-makers must develop the PDMP by the time the NOI isfiled. Permittee may choose to reference other documents, such as a pre-existing IPM plan or spill prevention and response plan, in the PDMPrather than recreating the same text in the PDMP. 50 51. Part 2: EPAs Final PGPPesticide Discharge Management Plan (PDMP) Content of the PDMP includes pesticide discharge management team information, problem identification, Pest management options evaluation, Response Procedures: Spill Response Procedures Adverse Incident Response Procedures Documentation to support eligibility considerations under other federal laws Decision-makers must keep a copy of the current PDMP at theaddress provided on the NOI. PDMP must be kept up-to-date for duration of permit coverage. 51 52. Part 2: EPAs Final PGPCorrective Action The permit specifies situations that require Operators to review and revise their pest management measures. For example: An unauthorized release or discharge occurs Existing pest management measures dont meet applicableWQS Corrective Action Deadlines Changes to pest management measures must be madebefore the next pesticide application that results in adischarge or as soon as practicable. A schedule is included in the permit to ensure that anycondition prompting the need for repair and improvement isnot allowed to persist indefinitely. 52 53. Part 2: EPAs Final PGPCorrective Action Adverse Incident Documentation and Reporting If an operator becomes aware of an adverse incident which mayhave resulted from your discharge, this triggers: notificationand reporting, and as necessary, corrective action. Notify EPA Regional contact by telephone within 24 hours or assoon as possible of your discovery of the incident. Provide a more detailed written report within 30 days of yourdiscovery. 53 54. Part 2: EPAs Final PGPRecordkeeping and Reporting All Operators: Copy of any Adverse Incident Reporting Copy of any corrective action documentation Copy of any spill and leak or other unpermitted dischargedocumentation For- Hire Applicators: Documentation of equipment calibration Information of each treatment area Decision-maker who are required to submit an NOI and who is a Small Entity: Submit and retain a copy of the NOI Pesticide Discharge Evaluation Worksheet Documentation of equipment calibration if also an Applicator 54 55. Part 2: EPAs Final PGPRecordkeeping and Reporting Decision-maker who are required to submit an NOI and who is a Large Entity; Submit and retain copy of the NOI Copy of PDMP Submit and retain copies of Annual Reports Documentation of equipment calibration if also an Applicator Any Decision-maker who submits an NOI solely for discharges to WOUS containing NMFS Listed Resources of Concern Submit and retain copy of the NOI Submit and retain copies of Annual Reports 55 56. Part 2: EPAs Final PGPCWA 401 Certification CWA 401 Certification, requires all states, territories, and tribes (with TASdesignation) to certify permit is consistent with applicable water qualityrequirements. Part 9.0 of the Final PGP includes additional requirements resulting fromthe 401 certification process with those states, territories, and tribes. States are not required to perform similar 401 certification process to issuetheir permits.56 57. Part 2: EPAs Final PGPCWA 401 Certification STATES: OK TRIBES: No Indian Country lands within the State of Oklahoma require additionalrestrictions57 58. Part 2: EPAs Final PGPForms Notice of Intent Notice of Termination Pesticide Discharge Evaluation Worksheet Annual Reporting Template Adverse Incident Reporting Template 58 59. Part 2: EPAs Final PGPForms Notice of Intent The NOI should identify theresponsible entity and providethe following basic information: Contact information: address, phone, email Description of entity: (e.g., federal, state or local government agency, public utility, homeowners assn., commercial/business establishment) Type of discharges: (pesticide use patterns) Receiving water(s) The decision-maker would berequired to submit updatedinformation to performoperations different than thoseidentified in the NOI.59 60. Part 2: EPAs Final PGPForms Notice of Termination To terminate coverage, aDecision-maker who isrequired to submit anNOI, must submit an NOT. Decision-makers areresponsible for complying withthe terms of this permit untilauthorization is terminated. Decision-makers who arerequired to submit annualreports must do so for theportion of the year up throughthe date of termination. 60 61. Part 2: EPAs Final PGPForms Pesticide Discharge Evaluation Worksheet Required for any Decision-maker required to submit anNOI and who is a smallentity. Must retain at the addressprovided on the NOI. Report includes: Decision-maker and applicatorinformation NPDES permit trackingnumber(s) Operators mailing address Contact person name, title, emailaddress, and phone number For each use pattern: EPA registration number(s) and usepattern(s) for each product used, All counties where applied Quantity applied to waters of the UnitedStates Locations and names of waters to whichpesticides are applied.61 62. Part 2: EPAs Final PGPForms Annual Report Template Required for: 1) Any Decision-maker required to submit an NOI and who is a large entity 2) Any Decision-maker with discharges to WOUS containing NMFS Listed Resources of Concern and who is a small entity. Report includes: Decision-maker and applicator information NPDES permit tracking number(s) Operators mailing address Contact person name, title, email address, and phone number For each use pattern:EPA registration number(s) and use pattern(s) for each product used, All counties where applied Quantity applied to waters ofthe United StatesLocations and names of waters to which pesticides are applied. Annual Report to be submitted toEPA no later than February 15 ofthe following year62 63. Part 2: EPAs Final PGPForms Adverse Incident Template 30-day Adverse Incident Report Includes Operator name/telephonenumber/mailing address;date/location of adverse incident;description of the adverse incidentidentified including EPAregistration number of productused and description of stepstaken or will take to contain anyadverse effects.63 64. Part 2: EPAs Final PGPPesticides Permit Decision ToolEPA has developed aninteractive tool for potentialpermittees to guide them step-by-step through questions tohelp them: Determine if an NPDES permit willbe needed for their pesticideapplication when the requirementfor a permit takes effect; For those who determine theyneed a permit, determine if theyare eligible for coverage underEPAs PGP; and If they are eligible for coverageunder EPAs PGP, understand whattheir requirements will be underthe PGP.64 65. For more information on NPDESPesticide permitting:www.epa.gov/npdes/pesticidesAdministrative Record for permit available at:www.regulations.gov (docket ID: EPA-HQ-OW-2010-0257) 65 66. Questions66 67. For more information: www.epa.gov/npdes/pesticides Contacts: Jenelle Hill (hill.jenelle@epa.gov)214-665-9737 Scott Stine (stine.scott@epa.gov)214-665-7182 Jack Faulk (faulk.jack@epa.gov) Allison Wiedeman (wiedeman.allison@epa.gov)67