9661023, 62-621.300 - Florida Administrative Rules, Law, Code, Register

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Notice: 9661023

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

GENERIC PERMITS

Overview

RULE:

62-621.300

Permits

PURPOSE:

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.

RULEMAKING AUTHORITY:

403.061, 403.087, 403.0877, 403.088, 403.0885 FS.

LAW:

403.061, 403.087, 403.0877, 403.088, 403.0885 FS.

PRINT PUBLISH DATE:

2/18/2011 Vol. 37/07

COMMENTS:

From 2/18/2011 To 3/11/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-00127 40 CFR 122.28
Ref-00129 Notice of Termination (NOT) for the Pesticide Generic Permit, DEP Form 62-621.300(8)(g), F.A.C.
Ref-00130 Pesticide Generic Permit - DEP Document 62-621.300(8)(e), F.A.C.
Ref-00135 Notice of Intent for the Pesticide Generic Permit - DEP Form 62-621.300(8)(f), F.A.C.

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