From pesticidegp@lists.azdeq.gov Tue Nov 1 10:40:51 2011 From: pesticidegp@lists.azdeq.gov (Pesticide General Permit) Date: Tue, 1 Nov 2011 10:40:51 -0700 Subject: [Pesticidegp] AZPDES Pesticide General Permit Message-ID: Dear Interested Person, On October 31, 2011, the Arizona Department of Environmental Quality issued an Arizona Pollutant Discharge Elimination System (AZPDES), Pesticide General Permit (AZG2011-001) for the application of pesticides to, including over and near, Waters of the United States. The permit is issued under Arizona Administrative Code (A.A.C.) R18-9-C901 and applies to all areas in Arizona, except Indian Country. ADEQ issued this permit in response to the United States Court of Appeals for the 6th Circuit opinion in the case known as The National Cotton Council of America v. U.S. Environmental Protection Agency, which overturned the U.S. EPA rule that exempted from the NPDES permitting program pesticides that are applied to and near waters of the United States so long as the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) labeling requirements to protect water quality are followed. Although the court opinion was issued in April 2009, U.S. EPA requested and was granted two (2) extensions to implement permitting requirements. Therefore, as of October 31, 2011, permit coverage is required for discharges to Waters of the United States of biological pesticides, and of chemical pesticides that leave a residue. ADEQ's permit does not require all pesticide dischargers to submit a Notice of Intent (see section 2.4 of the permit) in order to be covered by the permit. The NOI requirement for those persons who are otherwise required to submit a NOI is delayed until February 6, 2012 (except for those persons seeking a Specific Approval authorization). Regardless of whether a person is required to submit a NOI, each operator covered by the permit is required to comply with all applicable requirements. A copy of the permit, the fact sheet, and response to comments documents are attached to this email for your convenience. The permit and related documents are also available on ADEQ's webpage: (http://www.azdeq.gov/environ/water/permits/pgp.html). The department would like to thank those stakeholders who participated in the permit development process. Christopher M. Henninger, Manager Stormwater and General Permits Unit Arizona Department of Environmental Quality Direct (602) 771-4508 henninger.christopher@azdeq.gov ********************************************************************** NOTICE: This e-mail (and any attachments) may contain PRIVILEGED OR CONFIDENTIAL information and is intended only for the use of the specific individual(s) to whom it is addressed. It may contain information that is privileged and confidential under state and federal law. This information may be used or disclosed only in accordance with law, and you may be subject to penalties under law for improper use or further disclosure of the information in this e-mail and its attachments. If you have received this e-mail in error, please immediately notify the person named above by reply e-mail, and then delete the original e-mail. Thank you. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: ADEQ Pesticide General Permit 10-31-2011.pdf Type: application/octet-stream Size: 195077 bytes Desc: ADEQ Pesticide General Permit 10-31-2011.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: ADEQ Pesticide General Permit Fact Sheet 10-31-2011.pdf Type: application/octet-stream Size: 419333 bytes Desc: ADEQ Pesticide General Permit Fact Sheet 10-31-2011.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: ADEQ Pesticide General Permit Response to Comments 10-31-2011.pdf Type: application/octet-stream Size: 132528 bytes Desc: ADEQ Pesticide General Permit Response to Comments 10-31-2011.pdf URL: