who needs a npdes permit

A Notice of Intent (NOI) for a general permit is similar to a permit application, in that it is notification to the regulatory authority of a planned discharge for which coverage under a specific National Pollutant Discharge Elimination System (NPDES) general permit is needed and contains information about the discharge and the Operator of that discharge. Similarly, the treatment area for a lake or marine area is the water surface area where the application is intended to provide pesticidal benefits. EPAs Pesticide General Permit (PGP) does not require submission of visual monitoring records. As detailed in EPAs Pesticide General Permit (PGP), certain Operators are automatically covered under the permit and are authorized to discharge pesticides immediately. For example, weed control using herbicides would be covered under the Weed and Algae Pest Control use pattern for those portions of the pest control that result in discharges to waters of the United States. All other Operators are considered large entities for purposes of EPAs PGP. Typically, how long are NPDES permits effective? City and county requirements SB 205 requires cities and counties to confirm that a licensed business has NPDES permit coverage for industrial storm water discharges. No. New York State law requires a permit for: Constructing or using an outlet or discharge pipe (referred to as a "point source") that discharges wastewater into the surface waters or ground waters of the state. The permittee may choose which technologies to use to achieve that level. For calculating annual treatment areas for Mosquitoes and Other Flying Insect Pest Control and Forest Canopy Pest Control, calculations should include all applications made by the Decision-maker, regardless of whether those individual applications may result in a discharge to waters of the United States. A pest management area or PMA is an area where the Decision-maker may be managing pests within a state, and such management could result in a discharge to waters of the United States. A permit would not be necessary if the data indicates that a residual does not enter waters of the United States. In fact, the opposite is true. That anti-degradation policy is to address three categories: Tier 1 for the protection of water quality for existing uses, Tier 2 for the protection of high quality waters. The different terms acknowledge the different roles that these two types of Operators play in the process of applying pesticides. For purposes of EPAs Pesticide General Permit (PGP), an Applicator is an entity who performs the application of a pesticide, or who has day-to-day control of the application (i.e., they are authorized to direct workers to carry out those activities). When reporting the size of treatment area on the annual report, count each treatment area only once, regardless of the pesticide use patterns and the number of pesticide application activities performed on that same area in a given year. For two of the four pesticide use patterns - weeds and algae and animal pests - the annual treatment area is to be calculated based only on those applications that result in discharges to waters of the United States (i.e., treatment areas can be excluded that do not result in discharges to waters of the United States). Determine if you are eligible for coverage under the CGP. not requiring development of a Pesticide Discharge Management Plan (PDMP) for such a pesticide application. In its ruling on National Cotton Council, et al. Table 1 shows the NPDES permits issued between October 1, 2015 and September 30, 2017. No. Many other dischargers are covered under EPAs PGP without submission of an NOI, or for that matter, any type of documentation (e.g., a permit application). EPAs Pesticide General Permit (PGP) defines a Declared Pest Emergency Situation as an event defined by a public declaration by a federal agency, state, or local government of a pest problem determined to require control through application of a pesticide beginning less than ten days after identification of the need for pest control. Can the general public participate in NPDES permitting decisions? There are no threshold values in EPAs Pesticide General Permit (PGP) to determine whether or not annual reporting is required. No. Does My Business Need a Water Pollution Control Permit? The procedures for calculating the treatment area are identified in Appendix A of EPAs PGP in the definition of the term annual treatment area threshold.. EPA has developed a step-by-step, interactive. Discharges to waters of the United States, whether wet or dry at the time of application, are required to be covered under a National Pollutant Discharge Elimination System (NPDES) permit and can be covered by EPAs Pesticide General Permit (PGP), where the PGP is available. The Treatment Area as defined in Appendix A of EPAs Pesticide General Permit (PGP) is the entire area, whether over land or water, where a pesticide application is intended to provide pesticidal benefits within the pest management area. An official website of the United States government. A water of the United States does not lose its jurisdictional status if it becomes dry during extraordinary circumstances such as drought or if it flows continuously during parts of the year and has no flow during dry months. National Pollutant Discharge Elimination System (NPDES) permits must contain permit conditions determined necessary to meet the Clean Water Act (CWA) and NPDES regulatory requirements for controlling discharges of pesticides to waters of the United States. Activities may be covered as early as ten days after EPA receives a complete and accurate NOI. An interactive map displaying contaminated sites throughout Michigan regulated under Parts 213, 201, and 211. OMSAP to investigate the need for additional Red Tide Monitoring stations. A complete list of all programs within the Department of Environment, Great Lakes, and Energy (EGLE), Resources and information on utilizing RRD's data exchange and the Inventory of Facilities. For activities covered under EPAs Pesticide General Permit (PGP), an annual report is due by February 15th of the following calendar year. Who Needs an NPDES Permit? How to Update Permit Data Enter your stormwater permit number into the Stormwater Permit Summary Report and you will see a form that includes the address of the facility, contact information for the permit, and the regulated stormwater outfall (s) for the facility. If a discharge is not eligible for coverage under the PGP, Operators must choose between obtaining coverage under an individual permit for such a discharge or selecting some other means of pest management, e.g., using mechanical means or a different pesticide active ingredient. 122.26(b)(2). The pesticide product is defined in Appendix A of EPAs Pesticide General Permit (PGP), as the pesticide in the particular form (including composition, packaging, and labeling) in which the pesticide is, or is intended to be, distributed or sold. Contact information and permitting details for NPDES-authorized states can be accessed at. Specifically, the following discharges of pesticides are not authorized for coverage under the PGP: To waters which are impaired for the active ingredient of the pesticide, To waters which are impaired for degradates of that active ingredient. changes in the treatment area, pesticide product, method or rate of application, or approximate dates of applications for discharges to waters of the United States containing NMFS Listed Resources of Concern. EGLE's interactive calendar is designed to provide timely information on decisions before the Director, proposed settlements of contested cases, administrative rules promulgation, public hearings, meetings and comment deadlines, and environmental conferences, workshops and training programs. An individual NPDES permit costs from $530 to a couple of thousand dollars yearly, depending on the design flow, the volume of discharge, number of discharge pipes, and other factors. are point sources. any entity with control over the decision to perform pesticide applications including the ability to modify those decisions. Which permit do I need? See Table 1-2 of EPAs Pesticide General Permit (PGP). Indirect dischargers (those who discharge to a municipal treatment facility via a sanitary sewer) are not required to have an NPDES permit. 1 2 About Permit limits Program Areas Animal feeding operations Aquaculture Industrial wastewater Municipal wastewater National pretreatment program The permit you need depends on what is in the water you are producing (discharge characteristics) and what water source is receiving it (receiving waters). NPDES permits are typically issued for 5-year terms. If . If you discharge pollutants from a point source to a water of the United States you need an NPDES permit. States, territories, and certain tribes (i.e., those tribes with treatment as state status for purposes of water quality standards) are required to adopt appropriate designated uses (i.e., goals) for their waters. EPA has developed a step-by-step, interactive, online tool, to help pesticide Operators determine whether they are eligible for EPAs PGP. Contact Us to ask a question, provide feedback, or report a problem. Last updated on October 3, 2022. No. Part 5 of EPAs PGP does require the Decision-maker to retain any required plan at the address provided in the NOI and make it readily available upon request to EPA, State, Tribal or local agencies governing discharges of pesticides in their respective jurisdictions and representatives of the U.S. The permit assigns different responsibilities to Decision-makers and Applicators; although any Operator covered under the permit is still responsible, jointly and severally, for any violation associated with its discharges. A discharger will need a permit regardless of whether the waters of the United States are wet, partially wet, or dry at the time of the discharge. Tier 3 waters are identified by the state, territory, or tribe as waters having unique characteristics to be preserved (e.g., waters of exceptional recreational, environmental, or ecological significance). The treatment area is not additive over the calendar year. See EPAs 2021 PGP, Appendix C for a detailed list of the areas where EPA is the NPDES permitting authority for pesticide discharges to waters of the United States. EPA and MassDEP issue two separate permits: a federal NPDES Permit and a state surface water discharge permit. It depends. It is important to note that if the pest to be targeted is a distance from waters of the United States, but that application is made such that a portion of the pesticide will be unavoidably deposited to waters of the United States and result in a discharge, an NPDES permit is required. An official website of the United States government. NOTs can be filed through the NPDES eReporting Tool (NeT). Although permit coverage is required, EPAs Pesticide General Permit (PGP) allows Operators to be covered for declared pest emergency situations, without delay, by: delaying the submission of the Notice of Intent (NOI) for those Decision-makers otherwise required to submit an NOI (see Table 1-2 and Table 1-3 of the PGP), and. All applicable application forms are attached to the permit document. EPA may, through consultation with FWS, determine that additional permit conditions are necessary and will follow the appropriate measures necessary to achieve this. In certain instances though, a state or territory may not be fully authorized to issue NPDES permits in all areas or for all activities within their jurisdictional boundaries. Anyone discharging, or proposing to discharge, waste or wastewater into the surface waters of the State is required by law to obtain a National Pollutant Discharge Elimination System (NPDES) permit. EPAs Pesticide General Permit (PGP) establishes annual treatment area thresholds for each of the four pesticide use patterns (i.e., mosquito and other flying insect pests, weeds and algae, animal pests, and forest canopy pests). Appendix B of EPAs Pesticide General Permit (PGP) includes standard permit conditions from 40 CFR 122.41(k) which points permittees to 122.22 of 40 C.F.R. Additional information on EPAs interpretation and implementation of the term waters of the United States can be accessed from EPAs website. 2600 Blair Stone Road, MS 3585. is to be evaluated separately and compared to the applicable threshold. The CWA and FIFRA requirements operate independently of each other. Similarly, the application of adulticides on a military base by the Department of Defense would also be considered an activity associated with a land resource management responsibility to protect public health, although incidental weed management around buildings on the base generally would not be considered a stewardship responsibility.
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