Southern Crop

Southern Crop

Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance

Update – Pesticide Applications to or near Water – EPA has issued the final 2016 National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP) which has an “… effective date of October 31, 2016, replaces the existing permit (‘2011 PGP’) that expires at midnight on October 31, 2016, and authorizes certain point source discharges from the application of pesticides to waters of the United States in accordance with [certain] terms and conditions … EPA is issuing this permit for five (5) years in all areas of the country where EPA is the NPDES permitting authority …”

Document Title: * The title of the November 1, 2016 EPA Federal Register Notice is “Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance”
* The title of the January 26, 2016 EPA Federal Register Notice is “Draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Reissuance”
* The title of the November 7, 2011 EPA Federal Register Notice is “Final National Pollutant Discharge Elimination System (NPDES Pesticide General Permit for Point Source Discharges From the Application of Pesticides; Notice of final permit”

Organization: The November 1, 2016, January 26, 2016, and November 7, 2011 Federal Register Notices were signed on October 24, 2016, January 14, 2016 and October 31, 2011, respectively, by each of Nine EPA Regional officials

Source: November 1, 2016, January 26, 2016 and November 7, 2011 EPA Federal Register Notices

Effective Date: The permit is effective on October 31, 2016, and will expire at midnight, October 31, 2021

Web site: The November 1, 2016 EPA Federal Register Notice is posted at
http://www.gpo.gov/fdsys/pkg/FR-2016-11-01/html/2016-26375.htm

The final EPA 2016 PGP is posted at
http://www.regulations.gov/document?D=EPA-HQ-OW-2015-0499-0118
* The November 1, 2016 EPA Fact Sheet about the final 2016 PGP is posted at
http://www.regulations.gov/document?D=EPA-HQ-OW-2015-0499-0117

Additional information about the EPA 2016 Pesticide General Permit (PGP) is available at
http://www.epa.gov/npdes/pesticide-permitting-2016-pgp

The January 26, 2016 EPA Federal Register Notice is posted at
http://www.gpo.gov/fdsys/pkg/FR-2016-01-26/html/2016-01564.htm

The November 7, 2011 EPA Federal Register Notice is posted at
http://www.gpo.gov/fdsys/pkg/FR-2011-11-07/html/2011-28770.htm

The previous FIEN message related to this topic is posted at
http://www.fien.com/articleDisplay.php?id=35821

Contact: Questions may be directed to the appropriate EPA Regional Office officials listed in the November 1, 2016 EPA Federal Register Notice or to Prasad Chumble who is with the Office of Wastewater Management of the EPA Office of Water at 202 564 0021; e-mail: Chumble.Prasad@EPA.gov

Summary: The following information is taken from the November 1, 2016 EPA Federal Register Notice:

  1. Background

Section 301(a) of the Clean Water Act (CWA) provides that “the discharge of any pollutant by any person shall be unlawful” unless the discharge is in compliance with certain other Sections of the Act. 33 U.S.C. 1311(a). The CWA defines “discharge of a pollutant” as “(A) any addition of any pollutant to navigable waters from any point source, (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft.” 33 U.S.C. 1362(12). A “point source” is any “discernible, confined and discrete conveyance” but does not include “agricultural stormwater discharges and return flows from irrigated agriculture.” 33 U.S.C. 1362(14).

The term “pollutant” includes, among other things, “garbage . . . chemical wastes, biological materials . . . and industrial, municipal, and agricultural waste discharged into water.” 33 U.S.C. 1362(6).

A person may discharge a pollutant without violating the Section 301 prohibition by obtaining authorization to discharge (referred to herein as “coverage”) under a Section 402 NPDES permit (33 U.S.C. 1342). Under Section 402(a), EPA may “issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding Section 1311(a)” upon certain conditions required by the Act.

EPA issued the first Pesticide General Permit (“2011 PGP”) on October 31, 2011, in response to the United States Sixth Circuit Court of Appeals ruling vacating EPA’s 2006 Final Rule on Aquatic Pesticides. National Cotton Council of America. v. EPA, 553 F.3d 927 (6th Cir. 2009). EPA is issuing the 2016 PGP to replace the 2011 PGP which expires at midnight on October 31, 2016. Similar to the 2011 PGP, the 2016 PGP provides coverage for certain point source discharges from the application of pesticides to waters of the United States in areas where EPA is the NPDES permitting authority.

EPA published the draft 2016 PGP and accompanying Fact Sheet in the Federal Register on January 26, 2016 (81 FR 4289), soliciting comments on the draft permit. EPA also conducted formal consultation with Indian Tribal Governments. EPA received 28 written comment letters on the draft permit. EPA considered all comments received during the comment period in preparing the final permit. EPA responded to all significant comments in the Response to Comment Document which is available as part of the docket for this permit.

III. Scope and Applicability

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Go to the EPA Federal Register Notice for additional information and details.

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