The following PowerPoint presentation provides a good overview of the permit requirements, as well as background on the issue. It is not intended to be comprehensive or definitive. Every landowner should read the permit. Links to the permit and other pertinent information are included at the end of the presentation. Here are several points you should know:
• All forest landowners that apply pesticides as part of a business operation are covered and affected by the Arkansas PGP
• All forest landowners should keep good records of all forest pesticide applications. Smaller landowners will not exceed the threshold limits that require filing a Notice of Intent (NOI), but good recordkeeping is a must
• Pesticide management areas are based on treatment areas within one county
• There are four Pesticide Use Patterns in the permit. Two are forestry categories and they have specific and different thresholds to trip the requirement to file an NOI:
o Weed and Algae Control cover all ground applications
o Forest Canopy Pest Control cover all aerial applications
2. Eligibility
Notification
Pesticide Use Patterns
Annual Thresholds
Notification Deadlines
Automatic Coverage
Monitoring
Record Keeping
*Today’s review is neither extensive nor complete – you should read through PGP
3. Operator – the person or company with the
primary management or ultimate decision-
making responsibility.
Can be the landowner, the turn-key forestry
consultant or the applicator.
4. Eligibility
If you apply pesticides as part of a business (i.e.,
not just a homeowner), you are now covered and
affected by the AR PGP
Level of PGP compliance is affected by:
Pest Management Area
Pesticide Use Pattern
Annual Threshold
If annual threshold is exceeded – must file a
“Notice of Intent” (aka, NOI)
5. “A contiguous area of
land…where permittee
is responsible for pest
management.”
PMA’s are based on
treatment areas within
the same county
Two or more treatment
areas are one PMA if
they are in the same
county and within 15
miles of each other
6. 12 Treatment Areas
in 1 county, all
within 15 miles = 1
PMA
If acres treated
multiple times in
one year, counted
each time
7. Based on pests being controlled, location
and/or method
Four PUP categories in PGP
Two forestry categories
Weed & algae control (ground applications)
Forest canopy pest control (aerial applications)
8. Weed & Algae Control
Ground applications
Threshold acres - in water and at
water’s edge
From PGP: “…understood to include…
forest lands…”
Forest Canopy Pest Control
Aerial applications over forest canopy
Threshold acres – all treated acres
From PGP: “…a portion…unavoidably
…deposited to water.”
9. Weed and Algae Control
“Applications to water and at the water’s edge”
Based upon “Waters of the United States”
Includes “…conveyances with a hydrologic surface
connection to WOTUS at time of application.”
A hydrologic connection to WOTUS
E.g., a live/flowing ephemeral drain or other connection
NOT a puddle, dry ephemeral or dry jurisdictional wetland
Requires applicator to monitor surface water conditions
10. Weed and Algae
Control
Ground
applications
100 acres of
waters treated
200 linear miles
of “water’s edge”
SMZs provide
critical protection
11. Ground Application
PUP = Weed
Control Ephemeral
Drain
Total acres treated
= 198
Acres of WOTUS or
water’s edge
treated = 0
Acres toward
threshold = 0
12. Forest Canopy Pest Control
Aerial applications
Based on total acres in treatment areas within a Pest
Management Area
Based on “waters of the state” which is any water
Threshold = 6,400 acres per PMA (usually a county)
Count all acres treated – not just wet acres
Count multiple treatments to single stand individually
13. Aerial application
PUP = Canopy Pest
Control
Acres of “waters of the
state” are not
determined
Total acres treated =
204
Acres toward threshold
= 204
Acres within SMZ are
not included
14. Should I file for an NOI?
Thresholds are high
Forest Canopy = 6,400 acres in a county
Weed Control = 100 acres applied to WOTUS in a county
Operators who know or should have reasonably
known (will exceed the threshold), prior to
commencement must apply for NOI at least 10
days prior to first application
Or, at least 10 days before you know you will
exceed the annual threshold
15. If you apply pesticides as part of a business
(e.g., not homeowners), you are now covered
and affected by the AR PGP
There are specific requirements in the AR PGP that
you are now responsible for
Risks of noncompliance
17. Semi-annual monitoring
PGP does not detail when
Physical surroundings of the
site
Inspect for “adverse incidents”
Adverse incident – A person
or non-target organism is
exposed and has experienced
a toxic or adverse effect
documented by ADEQ or other
agency
What is a non-target
organism?
18. Certain records must be kept for 3 years following
application
Upon request from DEQ:
Available to DEQ within 3 days
Operator name and contact info
Applicator name and contact info
Product information
Application date, crop, type of application
Application location, acres, size of PMA
Rates
Control measures, monitoring/inspection reports
Records of any spills, leaks and corrective actions
19. We are now a regulated industry
And we got off ok (my opinion)
We learned to pay attention to details and ask
better questions (silvicultural exemption)
Lesson learned is that all of us must stay in the
game
This has given us a glimpse of things to come,
and how to address them
Forest roads
20. Arkansas Department of Environmental Quality
www.adeq.state.ar.us
Pesticide General Permit - ARG870000
(Searching “General Permits” will get you close)
http://www.adeq.state.ar.us/water/branch_per
mits/general_permits/pdfs/arg870000.pdf
Notas do Editor
Presentation is a primer, an overview Still questions on both sides forest industry ADEQ ADEQ has been open to suggestions and have remained flexible Worked well with us
What is covered in today’s presentation Key topics for foresters and landowners Not all inclusive. Please read and understand PGP.
Will touch on all landowners and operators responsibilities. Focus of today’s presentation is on the operator who will not have to file for an NOI
** This is a key point to comprehend Two basic distinctions: Over threshold = filing an NOI Under threshold = no NOI AFA work so far has been to minimize landowner exposure to filing NOIs.
The “county” designation is an important one – unique to Arkansas. This limits exposure to NOI filing. You’ll see why…
The other two PUPs Mosquito and other flying insect pests Aquatic Nuisance Animal Control
AFA worked close with ADEQ so they understood forestry BMPs, SMZs, mapping, application technology and monitoring. We can, because of standard practices and technologies we utilize, avoid any application to water.
Let’s take the PUPs one at a time First: W&AC – threshold is strictly based on applications to water Or, application to open water that make its way into WOTUS. Use a common sense, real world example. 1. Ground crew, summer time, ephemerals are dry – acres do not count against threshold 2. Ground crew, recent hurricane, drains are flowing, small streams are out of banks – operator would need to count “wet” acres against threshold Food for thought – what if: e.g., should applications cease when there is running water in the drains and ditches? If applicator cannot avoid application to the hydrological connection…
Discuss how SMZs are critical to avoid calculating annual thresholds. Q for DEQ: If applicator does apply to waters with direct hydrological connection (e.g., a flowing ditch or drain, a flooded stream), then are those acres included in the calculation of annual threshold?
Discuss how SMZ is not counted towards threshold – only to acres actually treated. Discuss how dry ephemeral drain is treated but not included in the threshold calculation.
CHANGE TO FOREST CANOPY PEST CONTROL PMA is usually going to be a county WOTS – puddles, ditches, drains, above or underground, natural or man-made 100 acres of HWC in May 100 acres of CSP in October = 200 acres towards threshold
Doubtful that forest landowners will have to apply for an NOI Why do we not want to apply for an NOI? Just a lot of regulation that we have not been subjected to in the past NOI is a public document Let’s outsiders know operator is applying 6400 acres+ of pesticide in a county NOI is subject to FIA inquiry Added level of oversight and scrutiny by media and environmental organizations
Noncompliance with the AR PGP could (at ADEQ’s discretion) require you to apply for and obtain an Individual National Pollutant Discharge Elimination System Permit (NPDES Permit) **Key points to drive home.
Greyed out bullets are either minor significance or are not additional burdens from past regulation. Semi-annual visual assessments – one at time of application, other at operator’s discretion… Question for ADEQ - Can the entity covered by the permit (e.g., Plum Creek) turn one or more of these visual assessments over to our contractor?
Semi-annual monitoring Probably most convenient At application After effects are evident Non-target organisms Organisms that are not targeted for control by the pesticide being applied E.g., A herbicide that kills or harms vertebrates or non-vertebrates NOT, for example, an overspray that affects an neighbor’s trees
Details – encourage listener to go through PGP and understand responsibilities focus on: 3 years of record retention 3 days to produce records
Lesson learned: don’t take “I don’t know” and “maybe,” “likely” and “probably” as answers…
Until then, suggest that operators develop a system to comply with the PGP. Avoid exceeding thresholds Review your site monitoring programs and adjust as necessary Systemize your record keeping Maps Spray reports Site inspections Permit by Rule: possible relief to operators and landowners