1827 Public notice of the availability of National Pollutant Discharge Elimination System general permit for point source discharges to waters of this Commonwealth from the application of pesticides (PAG-15)

Public Notice of the Availability of National Pollutant Discharge Elimination System General Permit for Point Source Discharges to Waters of this Commonwealth from the Application of Pesticides (PAG-15)

[41 Pa.B. 5819]
[Saturday, October 29, 2011]

 Under The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§  510-5, 510-17 and 510-20), the Department of Environmental Protection (Department), by this notice, informs the public of the availability of the National Pollution Discharge Elimination System (NPDES) General Permit for Point Source Discharges to Waters of this Commonwealth from the Application of Pesticides (PAG-15). The General Permit will become effective at 12 a.m. on October 29, 2011.

 This General Permit is intended to provide coverage under the Clean Water Act to operators who discharge to waters of this Commonwealth from the application of biological pesticides or chemical pesticides that leaves a residue (collectively called pesticides), when the pesticide application is for one of the following pesticide use patterns: (1) mosquito and other flying insect pest control; (2) weed and algae pest control; (3) animal pest control; and (4) forest canopy pest control. Notice of the availability of a draft PAG-15 General Permit was published at 40 Pa.B. 7434 (December 25, 2010). A 30-day comment period was provided for as part of the December 25, 2010, draft permit publication. Comments were received from eight individuals from agencies and companies not affiliated with the Department. A Comment and Response Document has been prepared and will be available on the Department's web site. This General Permit, as finalized, has been modified in comparison to the draft permit in the following significant ways:

 • The Annual Treatment Area Threshold has been increased to 6,400 acres for the mosquito and other flying insect pest control and forest canopy pest control use patterns.

 • The Annual Treatment Area Threshold has been increased for pesticide applications in water to 80 acres for the weed and algae pest control and animal pest control use patterns.

 • Federal and State agencies and pest control districts must apply for coverage under the permit regardless of the anticipated annual treatment area.

 • Clarification has been added that operators who intend to use an algaecide, herbicide or fish control chemicals in waters of this Commonwealth must continue to obtain joint approval from Fish and Boat Commission and the Department's Safe Drinking Water Program under existing regulations in 25 Pa. Code § 91.38(2) and 58 Pa. Code § 51.61(b)(18) (relating algicidices, herbicides and fish control chemicals; and permits required for disturbance of waterways or watersheds).

 The permit document package will be available at the Department's central and regional offices, and can also be accessed through the Department's web site at www. depweb.state.pa.us, select ''Licensing, Permits and Certification,'' then ''Program-Specific Permit/Authorization Packages,'' then ''Water Management,'' then ''NPDES (National Pollutant Discharge Elimination System),'' then ''General Permits,'' then navigate to the folder for the PAG-15 General Permit.

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 11-1827. Filed for public inspection October 28, 2011, 9:00 a.m.]