Source: EPA, 4/1/11

EPA Posts Pre-publication Version of Draft Final Pesticide General Permit (PGP)
On April 1, 2011, EPA posted a pre-publication version of its draft final pesticide general permit for discharges of pesticide applications to U.S. waters. The provisions of this permit are designed to increase water quality protections and reduce discharges of pesticides to aquatic ecosystems, thus helping to protect human health and our nation’s water quality. This draft final permit is not considered a “final agency action,” and the Agency is not soliciting public comment on this draft final permit. EPA is providing a preview of the draft final permit to assist states in developing their own permits and for the regulated community to become familiar with the permit’s requirements before it becomes effective. This reflects EPA’s commitment to transparency and responding to the needs of stakeholders. The Agency’s draft version of the final permit posted today covers operators who apply pesticides that result in discharges from the following use patterns: (1) mosquito and other flying insect pest control; (2) weed and algae control; (3) animal pest control; and (4) forest canopy pest control. This version of the draft final permit requires permittees to minimize pesticide discharges, maintain and calibrate equipment, and monitor for and report any adverse incidents. Some permittees will also be required to implement pest management measures based on integrated pest management principles. Record-keeping and reporting requirements will provide valuable information regarding where, when, and how much pesticides are being applied to waters of the U.S. EPA is developing an electronic system to make it easy for permittees to request permit coverage. No permit would be required for discharges from agricultural runoff or irrigation return flows, both of which are exempt from permitting under the Clean Water Act. This permit also would not cover 1) non-target spray drift, or 2) discharges of pesticides to waterbodies that are impaired for that pesticide.

This pre-publication version of the draft final pesticide general permit has concluded interagency review by the Office of Management and Budget. EPA is currently engaged in consultation with federal resource agencies under the Endangered Species Act (ESA), and this version of the draft final permit does not contain any additional or revised conditions that may result from ongoing ESA consultation. Terms resulting from ESA consultation may be added to this posted version of the permit when the final permit is issued. Since states are not generally required to perform ESA consultation to issue their permits, this preview of the draft final permit is intended to provide states with a complete picture of EPA’s “pre-ESA consultation” permit requirements that may be used to develop state permits.