DEC has prepared an APDES preliminary draft permit for the Pesticide General Permit (PGP) for discharges from the application of pesticides. Prior to the formal 30-day public notice period, DEC invites you to review the preliminary draft general permit, fact sheet, and associated documents. You can access the documents on DEC’s Wastewater Discharge Authorization Program webpage at http://dec.alaska.gov/water/wastewater/ under the Notice of Review section.

Preliminary Draft Review Period:        
Start Date: 4/1/2022               
End Date: 4/11/2022 11:59 pm AKDT

[Allow for 10 working days, excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded. 18 AAC 15.900, 18 AAC 83.115(e)]

Permit Number: 
AKG870000

Proposed Permit Coverage:
DEC proposes to reissue an Alaska Pollutant Discharge Elimination System (APDES) general permit (AK870000) to regulate point source discharges of pollutants associated with the application of biological pesticides or chemical pesticides that leave a residue. This permit is commonly called the Pesticide General Permit (PGP). The PGP would apply statewide except for lands within the Metlakatla Indian Reserve and the Denali National Park Preserve.

 Background information:
Conditions and requirements in the proposed 2022 PGP remain unchanged from the previously issued 2017 PGP. In Appendix A, DEC will add the definition for the term “Pesticide discharges to waters of the United States from pesticide application” and update the definition “pesticide residue” to be consistent with 40 CFR 122.2. The PGP covers point source discharges of pollutants associated with the application of biological or chemical pesticides that leave a residue from the following use patterns: 1) mosquito and other flying insect pest control; 2) weed and algae control; 3) animal pest control; and 4) forest canopy pest control.

Description of discharge:
A pesticide residue means for the purpose of determining whether an APDES permit is needed for discharges to waters of the United States from pesticide application that is discharged from a point source to waters of the United States and no longer provides pesticidal benefits. It includes any degradates of pesticide. [40 CFR 122.2]

Pesticide discharges to waters of the United States from pesticide application means the discharges that result from the application of biological pesticides, and the application of chemical pesticides that leave a residue, from point sources to waters of the United States. In the context of this definition of pesticide discharges to waters of the United States from pesticide application, this does not include agricultural storm water discharges and return flows from irrigated agriculture, which are excluded by law (33 U.S.C. 1342(1); 33 U.S.C. 1362(14)). [40 CFR 122.2]

No mixing zone is proposed in the PGP.

General Permit additional information:
Any operator that meets the eligibility requirements of the general permit will be authorized to discharge after filing a Notice of Intent (NOI) with DEC so long as all conditions of the permit are met. To aid in determining if an operator needs to submit a NOI or a summary of the requirements under the PGP, a web-based decision tool is available for assistance at https://dec.alaska.gov/water/wastewater/ stormwater/pesticide/pgp-tool/. Additional information for APDES PGP can also be located at the Departments website https://dec.alaska.gov/water/wastewater/stormwater/pesticide/.

The public has an opportunity to comment and provide information for this general permit; however, public notice will not be issued for individual NOIs submitted by qualified facilities. The general permit will expire five years after the effective date.

 For inquiries or to request copies of documents, contact:
Jim Rypkema; 907-334-2288; Jim.Rypkema@alaska.gov  

 Administrative Record:
The APDES preliminary draft permit, fact sheet, and associated documents are available for public review at the DEC offices located in Anchorage, Fairbanks, Juneau, Soldotna, and Wasilla. Please contact the office of your choice to arrange for hard copies of the documents to be available for your review.