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EPA-HQ-OW-2020-0005-0079_PGP
ICR 202607-2040-001 · OMB 2040-0004 · Object 171203800.
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| File Type | application/pdf |
|---|---|
| File Title | EPA-HQ-OW-2020-0005-0079_PGP |
| Author | Ihejirika, Doris |
| File Modified | 2026-07-14 |
| File Created | 2026-07-14 |
| Conversion State | complete |
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460 NOTICE OF INTENT (NOI) OF COVERAGE UNDER THE PESTICIDE GENERAL PERMIT (PGP) FOR DISCHARGES FROM THE APPLICATION OF PESTICIDES Form Approved OMB No. 2040-0004 Submission of this completed Notice of Intent (NOI) constitutes notice that the Operator identified in Section B intends to be authorized to discharge pollutants to waters of the United States within the pest management area identified in Section C under EPA’s Pesticide General Permit. Submission of this NOI constitutes notice that the party identified in Section B of this form has read, understands, and meets the eligibility conditions of Part 1 of the permit; agrees to comply with all applicable terms and conditions of the permit; and understands that continued authorization under the permit is contingent on maintaining eligibility for coverage. To be granted coverage, all information required on this form must be completed. Please read and make sure you comply with all permit requirements, including the requirement for large entities to prepare a Pesticide Discharge Management Plan (PDMP) prior to NOI submittal. Refer to the instructions at the end of this form to complete your NOI. Approval to Use Paper NOI Form (Electronic Submission Waiver) Has the EPA Regional Office granted you a waiver from electronic reporting*? YES NO If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval: Waiver granted: The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission. The Decision-maker has limitations regarding available computer access or computer capability. Name of EPA staff person who granted the waiver: / Date approval obtained: / *Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOI form. If you have not obtained a waiver, you must file this form electronically using EPA’s NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting. A. Notice of Intent Status 1. Mark whether this is the first time you are requesting coverage under the 2021 PGP, or if this is a change of information for a discharge already covered under the 2021 PGP. If this is a change of information, supply the NPDES permit tracking number for the discharge. a. Original NOI Submission b. NOI Change of Information: (NPDES Permit Tracking Number) Please note: When selecting A.1.b please fill out Section B (Operator Name and Mailing Address) and the fields of the NOI that need to be modified. B. Operator Information 1. Operator Name: 2. Operator Type (check one): a. Federal government b. State government c. Local government d. Mosquito control district (or similar) e. Irrigation control district (or similar) f. Weed control district (or similar) g. Other: If other, provide brief description of type of Operator: 1. 3. Are you a large entity as defined in Appendix A of the permit? (check one): Yes No Please note: If you answer “Yes” to question 3 you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit an Annual Report reflecting all pesticide uses for which you are requesting permit coverage under this NOI. 4. In which state are your pest management areas located? Please specify only one state per NOI: 5. Mailing Address: a. Street: b. City: e. Telephone: c. State: – – Ext f. Fax: – d. ZIP Code: – – g. Contact Name: h. E-mail: EPA FORM 6100-22 (Revised September 8, 2021) Page 1 of 7 C. Pest Management Areas: Complete Section C for each Pest Management Area for which coverage under EPA’s Pesticide General Permit is desired. Copy this section for additional Pest Management Areas. Pest Management Area #___ of ##___ 1. Pest Management Area Name:__________________________________________________________________________________________________ Provide a map of the location of the Pest Management Area or describe the location of the Pest Management Area in detail. 2. Are any of your activities for which you are requesting coverage under this NOI occurring on Indian Country? Yes No If yes, identify the reservation or otherwise describe those areas: _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ 3. Are any of your activities (in this pest management area) for which you are requesting coverage under this NOI occurring on areas considered “federal facilities” as defined by the permit? Yes No 4. Mailing address and contact information of the pesticide Applicator (or check here if same as provided in Section B): a. Street: b. City: c. State: e. Telephone: – – Ext – d. ZIP Code: f. Fax: – – g. Contact Name: h. E-mail: 5. Pesticide Use Patterns to be included in this Pest Management Area (check all that apply): a. Mosquito and Other Flying Insect Pest Control c. Animal Pest Control b. Weed and Algae Pest Control d. Forest Canopy Pest Control 6. Receiving Waters (check one): a. b. Coverage requested for all waters of the United States within the Pest Management Area identified above. Coverage requested specifically for the following waters of the United States within the Pest Management Area identified above. _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ c. Coverage requested for all waters of the United States within the Pest Management Area identified above except for: _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ 7. Tier 3 Waters Is coverage requested for discharge to a Tier 3 water (Outstanding National Resource Water) of the United States? If yes, answer a and b: Yes No a. Name of Tier 3 water(s): _________________________________________________________________________________________________ b. Provide rationale for determination that pesticide discharge is necessary to protect water quality, the environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis: _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ 8. Water Quality, Impaired Waters Operators are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the United States if the waters are identified as impaired by a substance which is either an active ingredient of the pesticide designated for use or is a degradate of such an active ingredient. See Part 1.1.2.1 of the permit. Check one: a. Waters are NOT impaired by any substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient b. Waters are on a current state list as being impaired by a substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient; however, evidence is attached documenting that the waters are no longer impaired. EPA FORM 6100-22 (Revised September 8, 2021) Page 2 of 7 C. Endangered Species Protection: Complete Section D for each Pest Management Area for which coverage under EPA’s Pesticide General Permit is desired. Copy this section for additional Pest Management Areas. Section 9 of the ESA prohibits take (i.e., short or long term adverse effects = harm) of ESA-listed species. To be eligible for PGP coverage, you must certify that your discharges will not result in any short or long term adverse effects to NMFS’ Listed Resources of Concern (i.e., take) or that any take resulting from your discharges is exempted by an ESA section 7 Incidental Take Statement or ESA section 10 permit. Pest Management Area #___ of ##___ 1. Identify the criterion for which you are eligible for permit coverage as it applies to Federally Listed Threatened or Endangered Species (i.e., Species) and/or Federally Designated Critical Habitat (i.e., Habitat). A step-by-step guide for determining eligibility is provided in Appendix I of the PGP. Check one: a. Pesticide application activities will not result in a point source discharge to one or more waters of the United States containing National Marine Fisheries Service (NMFS) Listed Resources of Concern, as defined in Appendix A, of the PGP. You are required to attach an aerial image of the pest management area using the maps and resources at https://www.epa.gov/npdes/pesticidepermitting-ESA-procedures. b. Pesticide application activities for which permit coverage is being requested will discharge to one or more receiving waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but consultation with NMFS under Section 7 of the Endangered Species Act (ESA) has been concluded for pesticide application activities covered under the PGP. Consultations can be either formal or informal, and would have occurred only as a result of a separate federal action. The consultation addressed the effects of pesticide discharges and discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and must have resulted in either: i. A biological opinion from NMFS finding no jeopardy to federally-listed species and no destruction/adverse modification of federally-designated critical habitat and the Reasonable and Prudent Measures to minimize take have been or are in the process of being implemented; or ii. Written concurrence from NMFS with a finding that the pesticide discharges and discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat. You are required to provide any tracking numbers of identifiers associated with the consultation (e.g., IPaC number, ECO number), the Services field office/regional office(s) providing the consultation, any copies of supporting correspondence with USFWS and/or NMFS, identification of the federal action agency(ies) involved, and the date the consultation was completed. Attach additional pages as necessary. _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ c. Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but all “take” of these resources associated with such pesticide application activities has been authorized through NMFS’ issuance of a permit under section 10 of the ESA, and such authorization addresses the effects of the pesticide discharges and discharge-related activities on federally-listed species and federally-designated critical habitat. (The term “take” means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. See Section 3 of the Endangered Species Act, 16 U.S.C. § 1532 (19).) You are required to provide any tracking numbers of identifiers associated with the section 10 permit, the date the section 10 permit was granted, whether the permit was granted by the USFWS and/or NMFS, and the field office/regional office(s) granting the permit. Attach additional pages as necessary. _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ d. Pesticide application activities were, or will be, discharged to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but only in response to a Declared Pest Emergency Situation. You are required to provide the supporting documentation. Complete question 2 below. e. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those where the Decision-maker includes in the NOI written correspondence from NMFS that pesticide application activities performed consistent with appropriate measures will avoid or eliminate the likelihood of any short or long term adverse effects to NMFS Listed Resources of Concern. f. Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those from pesticide application activities that are demonstrated by the Decision-maker as not likely to result in any short or long term adverse effect to NMFS Listed Resources of Concern or that the pest poses a greater threat to the NMFS Listed Resources of Concern than does the discharge of the pesticide. You are required to attach the written supporting correspondence from NMFS. You are required to provide the supporting documentation by completing question 2 below. 2. If you checked criterion d or criterion f above, provide the following information for all discharges to waters of the United States containing NMFS Listed Resources of Concern identified within the pest management area for which permit coverage is being requested. For discharges pursuant to criterion d, Declared Pest Emergency Situations, information for items a through g should also include any discharges that have already occurred prior to NOI submission as well as the activities you performed in the 15 day period before submission of this NOI was required. In some cases, implementation of pest management measures as specified in the permit involves a degree of “adaptive management” such that exact timing and quantities of applications cannot be determined in advance for the duration of the permit. In such cases, the permittee must provide the required information to the extent feasible and consistent with the implementation of the selected pest management measures. a. Describe the location of the pest management area in detail or provide a map of the location b. Pest(s) to be controlled: _____________________________________________________________________________________________________________________ EPA FORM 6100-22 (Revised September 8, 2021) Page 3 of 7 _____________________________________________________________________________________________________________________ c. Pesticide product(s) to be discharged and method of application: _________________________________________________________________ d. Planned quantity and rate of discharge(s) for each method of application: __________________________________________________________ e. Number of planned discharges: ____________ f. Approximate date(s) of planned discharge(s): ________________________________________________________________________________ g. Your rationale supporting your determination that you meet the criterion for which you are submitting this NOI, for example, the specific BMPs applied, visual monitoring, equipment and/or site inspections, and other appropriate measures that will be undertaken to avoid or eliminate the likelihood of adverse effects. For certifications pursuant to criterion d, indicate whether the discharge is likely to result in any short or long term adverse effect to NMFS Listed Resources of Concern in response to a pest emergency and, if so, any feasible measures to avoid or eliminate such short or long term adverse effects; for example, it is not sufficient to state that “integrated pest management procedures will be applied” without describing the specific measures to be taken (attach additional pages as necessary): _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________ E. Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Printed Name: Title: E-Mail: Signature/Responsible Official: Date: / / Date: / / NOI Preparer (Complete if NOI was prepared by someone other than the certifier) Preparer Name: Organization: Phone: – – Ext E-Mail: EPA FORM 6100-22 (Revised September 8, 2021) Page 4 of 7 Instructions for Completing the Notice of Intent (NOI) for Coverage Under the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides Who Must File a NOI with EPA? Any Operator, as described in Part 1.2.2 of the permit and meeting the eligibility requirements identified in Part 1.1 of the permit and Table 1-1 below must submit a complete and accurate NOI. As required in the permit, only certain Operators who are also Decision-makers must submit NOIs. Table 1-1. Decision-Makers Required to Submit NOIs PGP Part/ Which Decision-Makers Must For Which Pesticide Pesticide Use Submit NOIs? Application Activities? All four use Any Decision-maker with an eligible Activities resulting in a patterns discharge to a Tier 3 water discharge to a Tier 3 water identified in (Outstanding National Resource Part 1.1.1 Water) consistent with Part 1.1.2.2 All four use Any Decision-maker with an eligible Activities resulting in a patterns discharge to waters of the United discharge to waters of the identified in States containing NMFS Listed United States containing Part 1.1.1 Resources of Concern, as defined in NMFS Listed Resources of Appendix A Concern, as defined in Appendix A 1.1.1(a) Any Agency for which pest All activities resulting in a Mosquito and management for land resource discharge for which the Other Flying stewardship is an integral part of the Federal or State agency is Insect Pest organization’s operations. responsible for pest control Control Mosquito control districts, or similar All activities resulting in a pest control districts discharge for which the Decision-maker is responsible for pest control 1.1.1(b) Weed and Algae Pest Control 1.1.1(c) Animal Pest Control Local governments or other entities who exceed the annual treatment area threshold identified here Adulticide treatment if more than 6,400 acres during a calendar year Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. All activities resulting in a discharge for which the Federal or State agency is responsible for pest control Irrigation and weed control districts, or similar pest control districts All activities resulting in a discharge for which the Decision-maker is responsible for pest control Local governments or other entities who exceed the annual treatment area threshold identified here Treatment during a calendar year if more than either: 20 linear miles OR 80 acres of water (i.e., surface area) Any Agency for which pest management for land resource stewardship is an integral part of the organization’s operations. All activities resulting in a discharge for which the Federal or State agency is responsible for pest control Local governments or other entities who exceed the annual treatment area threshold identified here Treatment during a calendar year if more than either: 20 linear miles OR 80 acres of water (i.e., surface area) 1.1.1.(d) Any Agency for which pest Forest Canopy management for land resource Pest Control stewardship is an integral part of the organization’s operations. Local governments or other entities who exceed the annual treatment area threshold identified here Approval to Use Paper NOI Form: Note that you are not authorized to use this paper NOI form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided. For any discharges after October 31, 2021: Decision-makers meeting the eligibility requirements identified in the Part 1.1 of the permit and Table 1-1 must submit a complete and accurate NOI according to Table 1-2 and Table 1-3 and consistent with the requirements of Part 1.2 of the permit. Note: NOIs submitted under the 2016 PGP are automatically terminated on October 31, 2021. Decision-makers who are required to submit an NOI must submit a new NOI to obtain coverage under the 2021 PGP. Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the Application of Pesticides 1 Operator Type Any Decision-maker with any discharge to waters of the United States containing NMFS Listed Resources of Concern, except for those discharges in response to a Declared Pest Emergency Situation, as defined in Appendix A. Any Decision-maker with a discharge in response to a Declared Pest Emergency Situation for which that activity triggers the NOI requirement identified in Part 1.2.2, except for any discharges to waters of the United States containing NMFS Listed Resources of Concern. All activities resulting in a discharge for which the Federal or State agency is responsible for pest control Treatment if more than 6,400 acres during a calendar year One NOI can be submitted for multiple pest management areas in a state for which you are seeking permit coverage; however, no more than one state can be included on any single NOI form. EPA FORM 6100-22 (Revised September 8, 2021) When to File the NOI? Do not file your NOI until you have obtained and thoroughly read a copy of the permit. A copy of the permit is on EPA’s website (https://www.epa.gov/npdes/pesticidepermitting).The permit describes procedures to ensure your eligibility, prepare your Pesticide Discharge Management Plan (PDMP), and complete the NOI form questions—all of which must be done before you sign the NOI certification statement attesting to the accuracy and completeness of your NOI. You will also need a copy of the permit once you have obtained coverage so that you can comply with the implementation requirements of the permit. Note: PDMP is not required for 1) any application made in response to a Declared Pest Emergency Situation, as defined in Appendix A of the permit; and 2) any Decision-maker who is required to submit an NOI solely because their application results in a point source discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the permit. NOI Submission Discharge Authorization Deadline Date2 At least 30 days before No earlier than 30 days any discharge to after EPA posts on the waters of the United Internet a receipt of a States containing complete and accurate NMFS Listed NOI.3, 5 Resources of Concern, as defined in Appendix A. 5 No later than 30 days after beginning discharge. Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation. Any Decision-maker with any No later than 15 days discharge to waters of the after beginning to United States containing NMFS discharge in response Listed Resources of Concern, in to a Declared Pest response to a Declared Pest Emergency Situation. Emergency Situation, as defined in Appendix A. Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation for a period of at least 60 days. 4 Any Decision-maker who exceeds any annual treatment area threshold. At least 10 days before No earlier than 10 days exceeding an annual after EPA posts on the treatment area Internet receipt of a threshold. complete and accurate NOI. Any Decision-maker otherwise required to submit an NOI as identified in Table 1-1 At least 10 days before No earlier than 10 days any discharge for after EPA posts on the which an NOI is Internet receipt of a required complete and accurate NOI. State, territory and tribal specific requirements in addition to the requirements in this table are provided in Part 9 of the permit. 2 On the basis of a review of an NOI or other information, EPA may delay authorization to discharge beyond any timeframe identified in Table 1-2, determine that additional technology-based and/or water quality-based effluent limitations or other conditions are necessary, or deny coverage under this permit and require 1 Page 5 of 7 3 4 5 submission of an application for an individual NPDES permit, as detailed in Part 1.3 of the permit. Within 30 days after EPA posts on the Internet receipt of a complete and accurate NOI, for those areas with NMFS Listed Resources of Concern, as defined in Appendix A of the permit, NMFS will provide EPA with a determination as to whether it believes the eligibility criterion of “not likely to result in any short or long term adverse effects to listed species or designated critical habitat” has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’ determination in deciding whether to withhold authorization. If NMFS does not provide EPA with this information within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, the discharges will be authorized 30 days after EPA posts on the Internet receipt of a complete NOI. In any Declared Pest Emergency Situation in areas with waters of the United States containing NMFS Listed Resources of Concern, NMFS will have 30 days after submission of an NOI to provide EPA with a determination as to whether the eligibility criteria of “not likely to result in any short or long term adverse effects to listed species or designated critical habitat” has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS’ determination in deciding whether to allow continued permit coverage and if additional conditions are necessary. If NMFS does not provide EPA with a recommendation within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, authorization for these discharges will continue. If EPA identifies additional permit conditions, or includes additional permit conditions recommended by NMFS, as necessary to qualify discharges as eligible for coverage beyond 60 days under the PGP, those conditions remain in effect for the life of the permit. EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under Criterion B, C, or E of Part 1.1.2.4 (for which NMFS has already evaluated the effects of these discharges). Table 1-3. NOI Change of Information Submittal Deadlines and Discharge Authorization Dates NOI Submission Discharge Authorization Operator Type Deadline Date Any Decision-maker requiring At least 10 days No earlier than 10 days permit coverage for a pest before beginning to after EPA posts on the Internet the receipt of a management area not identified discharge in that on a previously submitted NOI newly identified area complete and accurate NOI unless discharges are in for this permit, except for unless discharges discharges to any; (1) Tier 3 are in response to a response to a Declared Pest Emergency Situation water, or (2) waters of the Declared Pest United States containing NMFS Emergency Situation in which case coverage is available immediately upon Listed Resources of Concern. in which case not beginning to discharge Except for such waters, later than 30 days from activities conducted in changes other than after beginning response to Declared Pest identification of a new pest discharge. Emergency Situation. management area or a new pesticide use pattern do not require a revised NOI submittal. Any Decision-maker discharging At least 10 days to a Tier 3 water not identified before beginning to by name on a previously discharge in that submitted NOI for this permit, newly identified area except for Tier 3 waters unless discharges containing NMFS Listed are in response to a Resources of Concern Declared Pest Emergency Situation in which case not later than 30 days after beginning discharge. No earlier than 10 days after EPA posts on the Internet the receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation. Operator Type Any Decision-maker with any discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, not identified on a previously submitted NOI for this permit. This includes changes in any treatment area, pesticide product, method or rate of application, or approximate dates of applications. NOI Submission Deadline At least 30 days before beginning to discharge in that newly identified treatment area unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 15 days after beginning discharge. Discharge Authorization Date No earlier than 30 days after EPA posts on the Internet receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation. Where to File the NOI The Decision-maker must prepare and submit the NOI using EPA’s NPDES eReporting Tool (NeT) available on EPA’s website (https://www.epa.gov/npdes/pesticide-permitting) unless the Decision-maker is granted a waiver from the requirement to use NeT for submission of the NOI. See Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this form. EPA will immediately post on EPA’s Website all NOIs received. Late NOIs will be accepted, but authorization to discharge will not be retroactive. If you are granted a waiver from using NeT; you must send the NOI form to one of the addresses listed below. Via United States Mail: United States Environmental Protection Agency Office of Water, Water Permits Division Mail Code 4203M, ATTN: NPDES Pesticides 1200 Pennsylvania Avenue, NW Washington, DC 20460 Via overnight/express delivery: United States Environmental Protection Agency Office of Water, Water Permits Division EPA East Building - Room 7420, ATTN: NPDES Pesticides 1201 Constitution Avenue, NW Washington, DC 20004 Phone: 202-564-9545 If you have questions about whether you need to file a Notice of Intent or questions about completing the form, see https://www.epa.gov/npdes/pesticide-permitting or contact the NPDES eReporting help desk at (877) 227-8965 or Email at [email protected]. If you file a paper NOI, submit the original with a signature in ink. Do not send copies. Also, faxed copies will not be accepted. If you are required to develop a PDMP, that document does not need to be submitted for review unless specifically requested by EPA. You must keep a copy of your PDMP on-site or otherwise make it available to facility personnel responsible for implementing provisions of the permit. Completing the NOI Form To complete this form, type or print in uppercase letters in the appropriate areas only. Please make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You may also use this paper form as a checklist for the information you will need when filing an NOI electronically via EPA’s NPDES eReporting Tool (NeT). Section A. NOI Status 1. Indicate if this is the first time you are requesting coverage under the permit or if this is a change of information. a. Check this box if this is the first time you are requesting coverage under the permit for these discharges. If this is the first time you are requesting coverage, refer to Table 1-2 for NOI submittal deadlines and discharge authorization dates. b. Check this box if this is a change of information for a discharge already covered under the permit. If this is a change of information, supply the NPDES permit tracking number that you received in your e-mail from EPA’s NeT. You can find the tracking number assigned to your previous NOI using EPA’s NeT. For additional details regarding a change of information, see Table 1-3. Also fill out Section B of EPA FORM 6100-22 (Revised September 8, 2021) Page 6 of 7 this form (Operator Name and Mailing Address) and the associated fields of information that need to be modified on the NOI. Section B. Operator Information 1. Provide the legal name of the person, firm, public organization or any other public entity who is the Decision-maker for the pesticides applications described in this notice. A Decision-maker is an Operator who has control over the decision to perform pesticide applications including the ability to modify those decisions that result in a discharge to waters of the United States. 2. Indicate the type of Operator: federal government, state government, local government, mosquito control district (or similar), irrigation control district (or similar), weed control district (or similar), or other. If other, provide brief description of type of Operator in the space provided. 3. Indicate whether or not you are a “large entity” as defined in Appendix A of the permit. Note that if you are a large entity, you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit future Annual Reports reflecting all pesticide uses for which you are requesting permit coverage under this NOI. 4. Indicate which state your pest management areas are located. Specify only one state per NOI. If there is more than one state, additional NOIs must be submitted. 5. Provide the Decision-maker’s mailing address, telephone number, fax number (optional), name, and e-mail address. Correspondence will be sent to this address. Section C. Pest Management Area: Information for each Pest Management Area for which coverage under EPA’s Pesticide General Permit is desired. 1. Indicate whether you are submitting an NOI for multiple pest management areas. A pest management area is the area of land, including any water, for which you have responsibility and are authorized to conduct pest management activities as covered by this permit (e.g., if you are a mosquito control district, your pest management area is the total area of the district). You must complete a Section C for each pest management area. If you are submitting an NOI for only one area, enter “1” of “1.” If you are submitting NOIs for multiple pest management areas, enter the number for the NOI for which you are requesting coverage followed by the total number of pest management areas for which you are requesting coverage. Enter the name of the pest management area. Attach a map of the pest management area or describe the location of the pest management area in the space provided. Maps are available at https://www.epa.gov/npdes/pesticide-permitting-esa-procedures. 2. Indicate whether pesticide application will occur on Indian Country, and if so, provide the name of the reservation, if applicable. 3. Indicate whether pesticide application will occur on a Federal Facility, as defined in Appendix A of the permit. 4. Enter the mailing address of the contact person for the pest management area. If this address is the same as the Decision-maker’s mailing address, indicate that by checking the box. If it is a different address, enter the mailing address, telephone number, fax number (optional), contact name, and e-mail address. 5. Indicate the pesticide use patterns for the pest management area for which the NOI is required. For additional information regarding pesticide use patterns, see Part 1.1.1 of the permit. Check all the use patterns that apply to the pest management area. 6. Indicate if permit coverage is being requested for all waters of the United States within the pest management area or if permit coverage is being requested to specific waters of the United States within the pest management area. If specific waters are being requested, write the names of the waterbodies. If permit coverage is being requested for all waters of the United States within the pest management area except for specific waterbodies, name those specific waterbodies in the space provided. EPA’s Water Locator Tool can help you identify the closest receiving water to your facility (http://www.epa.gov/waterdata/waters-tools). 7. Indicate if permit coverage is being requested to discharge to a Tier 3 (Outstanding National Resource Water) water of the United States. If yes, write the name(s) of the Tier 3 water(s) in the space provided. Describe and demonstrate why it is necessary to apply the pesticide discharge to protect the water quality, environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis. 8. Verify that waters within the pest management area are either not impaired by substances which are either active ingredients in the pesticide planned for use or degradates of such active ingredients, OR that evidence shows that the target waters in question are no longer impaired. See Part 1.1.2.1 of the permit for more information on discharges to Water Quality Impaired Waters. Section D. Endangered Species Protection. Complete Section D for each Pest Management Area for which coverage under EPA’s PGP is desired. Identify the Pest Management Areas, corresponding to those in Part C. 1. Coverage under the permit is available only for discharges and discharge-related activities, as defined in Appendix A of the permit, that are not likely to result in any short or long term adverse effects to any species that are federally- listed as endangered or threatened (“listed”) under the Endangered Species Act (ESA) and not EPA FORM 6100-22 (Revised September 8, 2021) likely to result in any short or long term adverse modification or destruction of habitat that is federally-designated as critical under the ESA (“critical habitat”) except as provided in criterion b, c, and for at least 60 days, d, below. For a subset of listed species and critical habitat, identified as NMFS Listed Resources of Concern and defined in Appendix A of the permit, there are specific criteria for determining eligibility. To demonstrate eligibility, you must meet one or more of the six eligibility criteria (a-f) for the entire term of coverage under the permit and provide supporting documentation. A step-by-step guide for determining eligibility is provided in Appendix I of the PGP. 2. If you checked criterion d or criterion f, you are required to provide a description of the location of the pest management area or a map of the location of the pest management area, the pest(s) to be controlled, pesticide product(s) to be discharged and method of application, planned quantity and rate of discharge(s) for each application method, number of planned discharges, approximate date(s) of planned discharge(s), and the rational supporting your determination that you meet the criterion for which the Decision-maker is submitting this NOI and documentation demonstrating the finding of “not likely to result in any short or long term adverse effects to NMFS Listed Resources of Concern.” If you certify under criteria f and do not hear from EPA within 30 days, you may assume your discharge is authorized. For certifications pursuant to criterion d, indicate whether the discharge is likely to result in any short or long term adverse effects to NMFS Listed Resources of Concern and, if so, any feasible measures to avoid or eliminate such adverse effects. If you are certifying under criterion d (which allows you to discharge 15 days before you even submit your NOI), your NOI should describe both the pest emergency activities you plan to do after you submit your NOI as well as the activities you performed in that 15 day period before you had to submit the NOI. See Part 1.1.2.4 of the permit for more information regarding Endangered and Threatened Species and Critical Habitat Protection. If you certify under criterion d and do not hear from EPA, you may assume that permit authorization continues unless notified otherwise. EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under criterion b, c, or e (for which NMFS has already evaluated the effects of these discharges). If you certify under one of these criteria and do not hear from EPA within 30 days, you may assume your discharge is authorized. Section E. Certification Enter the certifier’s printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows: For a corporation: by a responsible corporate officer, means: (i) president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures; For a partnership or sole proprietorship: by a general partner or the proprietor; or For a municipal, state, federal, or other public facility: by either a principal executive or ranking elected official. If the NOI was prepared by someone other than the certifier (for example, if the NOI was prepared by the PDMP contact or a consultant for the certifier’s signature), include the name, organization, phone number and e-mail address of the NOI preparer. Paperwork Reduction Act Notice The public reporting and recordkeeping burden for this collection of information is estimated to average 2.5 hours or 150 minutes per response. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed NOI form to that address. Page 7 of 7