To develop a generic permit for pollutant discharges to surface waters of the state from the application of pesticides that is consistent with EPA’s draft General Permit, recognizes existing Florida pesticide programs, and does not adversely impact ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Rule No. : RULE TITLE :
62-621.300: Permits
PURPOSE AND EFFECT: To develop a generic permit for pollutant discharges to surface waters of the state from the application of pesticides that is consistent with EPA’s draft General Permit, recognizes existing Florida pesticide programs, and does not adversely impact private sector business, small or large. On January 7, 2009, the U.S. Court of Appeals for the 6th Circuit Court, in National Cotton Council v. EPA, vacated an EPA rule that exempted pesticide applications to surface waters from the need to obtain National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act. On June 8, 2009, the Sixth Circuit Court granted EPA a two-year stay of their mandate and established April 9, 2011 as the effective date. On June 4, 2010, the EPA published a draft NPDES General Permit (called Generic Permits or GPs in Florida) for pollutant discharges from the application of pesticides that will be applicable in unauthorized states and tribal lands. Authorized states are required to have an NPDES pesticides program in place and issue permits by the April 9, 2011 court deadline. The Department of Environmental Protection (DEP) has developed and proposes to adopt a Florida GP that follows the EPA NPDES GP and addresses Florida’s specific needs.
SUMMARY: The Generic Permit for Pollutant Discharges to Surface Waters of the State from the Application of Pesticides would provide coverage for point source discharges of pollutants resulting from the application of pesticides (biological pesticides and chemical pesticides which leave a residue) to surface waters of the state from four specific pesticide use patterns: Mosquito and Other Flying Insect Pest Control, Aquatic Weed and Algae Control, Aquatic Nuisance Animal Control and Forest Canopy or Other Area Wide Pest Control. Approximately 18,000 applicators are expected to be covered under the pesticide GP, based on information from FDACS and FWC. The overwhelming majority, however, are small activities which will be covered automatically, will not need to apply for coverage and will not be subject to any fees. Only approximately 67 entities, specifically identified in the permit and rule, will need to submit an application for coverage, called a Notice of Intent (NOI). These permittees are all federal and state government agencies and local mosquito control programs that conduct or oversee large-scale pesticide application to surface waters of the state. Private sector businesses whether small or large will not be required to submit an NOI.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an impact on small business. An SERC has not been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 403.061, 403.087, 403.0877, 403.088, 403.0885 FS.
LAW IMPLEMENTED: 403.061, 403.087, 403.0877, 403.088, 403.0885 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 11, 2011, 1:00 p.m. – 3:00 p.m.
PLACE: Florida Department of Environmental Protection, Bob Martinez Center, 6th Floor, Room 609, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary K. Smith, Department of Environmental Protection, MS 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, [phone], email [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary K. Smith, Department of Environmental Protection, MS 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, [phone], email [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-621.300 Permits.

(1) through (7) No change.

(8) Generic Permit for Pollutant Discharges to Surface Waters of the State from the Application of Pesticides.

(a) Coverage under this Generic Permit is available for discharges of pollutants resulting from the application of pesticides (biological pesticides and chemical pesticides which leave a residue) to surface waters of the state from the following use patterns:

1. Mosquito and Other Flying Insect Pest Control – to control public health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water. Public health/nuisance and other flying insect pests in this use category include mosquitoes, midges and biting flies;

2. Aquatic Weed and Algae Control – to control invasive or other nuisance weeds and algae in or on water and at water’s edge, including irrigation ditches and/or irrigation canals;

3. Aquatic Nuisance Animal Control – to control invasive or other nuisance animals in or on water and at water’s edge. Aquatic nuisance animals in this use category include invasive vertebrates and invertebrates; and

4. Forest Canopy or Other Area Wide Pest Control – aerial or ground application of a pesticide over or into a forest canopy or other vegetation to control the population of a pest species (e.g., insect or pathogen) where to target the pests effectively a portion of the pesticide unavoidably will be applied over and deposited to water.

(b) The table below describes the operators that are required to submit a Notice of Intent (NOI) to the Department for coverage under this permit for a specific use pattern.

 

Use Patterns	Operators Required to Submit NOIs
Mosquito and Other Flying Insect Pest Control	Mosquito Control Programs or Districts organized under the authority of Chapter 388, F.S., and Florida Department of Agriculture and Consumer Services
Aquatic Weed and Algae Control	Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in Section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service
Aquatic Nuisance Animal Control	Florida Fish and Wildlife Conservation Commission, South Florida Water Management District, Southwest Florida Water Management District, and St. Johns River Water Management District as created in Section 373.069, F.S., U.S. Army Corp of Engineers, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service
Forest Canopy or Other Area Wide Pest Control	Florida Department of Agriculture and Consumer Services, U.S. Army Corp of Engineers, U.S. Department of Agriculture, U.S. Forest Service, U.S. National Park Service, and U.S. Fish and Wildlife Service

 

(c) This permit also authorizes operators other than those listed in the table above to discharge pollutants resulting from the application of pesticides to surface waters of the state without the need to submit an NOI pursuant to 40 CFR 122.28 (b) (2) (v), July 1, 2010, which is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00127.

(d) The permit application and surveillance fee for operators required to submit an NOI for coverage under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides is $500. The application fee must be submitted to the Department along with the NOI.

(e) The document “Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides,” document number 62-621.300(8)(e), issued by the Department and effective (April 9, 2011, or effective date of the rule, whichever is later), is hereby adopted and incorporated by reference and made part of this rule. This document may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00130.

(f) Form 62-621.300(8)(f), Notice of Intent (NOI) to Use the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective (April 9, 2011, or effective date of the rule, whichever is later), is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00135.

(g) Form 62-621.300 (8)(g), Notice of Termination (NOT) of Coverage Under the Generic Permit for Pollutant Discharges to Surface Waters of the State From the Application of Pesticides, effective (April 9, 2011, or effective date of the rule, whichever is later), is hereby adopted and incorporated by reference and made part of this rule. This form may be obtained by contacting the Florida Department of Environmental Protection, Bob Martinez Center, Industrial Wastewater Section, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 or from the Department’s website, www.dep.state.fl.us, or from http://www.flrules.org/Gateway/reference.asp?No=Ref-00129.

PROPOSED EFFECTIVE DATE: April 9, 2011

Rulemaking Specific Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885, 403.08851 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-9-11.

NAME OF PERSON ORIGINATING PROPOSED RULE: Allen Hubbard
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard, Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 2, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 1, 2010