Primer for Compliance

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

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.

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)

“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

12 Treatment Areas in 1 county, all within 15 miles = 1 PMA

If acres treated multiple times in one year, counted each time

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)

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.”

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

Weed and Algae Control Ground

applications 100 acres of

waters treated 200 linear miles

of “water’s edge” SMZs provide

critical protection

Ground Application PUP = Weed

Control Total acres treated

= 198 Acres of WOTUS or

water’s edge treated = 0

Acres toward threshold = 0

Ephemeral Drain

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

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

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

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

FIFRA Meet water quality standards Registered pesticides Follow state laws Lowest effective amounts to achieve objectives Visual assessments Corrective actions Assess weather conditions

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?

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

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

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_permits/general_permits/pdfs/arg870000.pdf