Pesticide Permitting-2021 PGP
EPA's final 2021 Pesticide General Permit (PGP) was signed in the Federal Register on September 8, 2021. EPA's 2021 PGP is effective from October 31, 2021 through midnight October 31, 2026. The 2021 PGP will replace the 2016 PGP on October 31, 2021.
This general permit, issued under the Clean Water Act’s National Pollutant Discharge Elimination System, regulates point source discharges of biological pesticides and chemical pesticides that leave a residue. The permit covers mosquito and other flying insect pest control; weed and algae pest control; animal pest control; and forest canopy pest control. The 2021 PGP requirements are largely the same as the 2016 PGP requirements.
Applications of pesticide on or after October 31, 2021 are covered automatically under the 2021 PGP except for Operators for which a Notice of Intent (NOI) is required. The NOI must be submit in NPDES e-reporting Tool PGP (NeT PGP) consistent with the earliest applicable due date identified in Table 1-2 of the PGP.
Implementation Tools for Permittees
Part 1.1.1 of the PGP: Activities Covered
This permit is available to operators who discharge to waters of the United States.
- See the Clean Water Rule to learn what constitutes waters of the United States.
- See EPA’s Water Locator Tool to identify the receiving water.
Part 188.8.131.52 of the PGP: Discharges to 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 water is identified as impaired by a substance which either is an active ingredient in that pesticide or is a degradate of such an active ingredient.
For purposes of this permit, impaired waters are those that have been identified by a state, tribe, or EPA pursuant to section 303(d) of the CWA as not meeting applicable state or tribal water quality standards. Impaired waters, for the purposes of this permit, consist of both waters with EPA-approved or EPA-established total maximum daily loads (TMDLs) and waters for which EPA has not yet approved or established a TMDL.
Part 184.108.40.206 of the PGP: Discharges to Waters Designated as Tier Three for Antidegradation Purposes
EPA's List of Tier Three Waters for the PGP (Outstanding National Resource Waters) (pdf) - EPA compiled a list of tier three waters as a resource for operators who must determine whether they discharge to a tier three water. Only tier three waters specifically identified by a water quality standard authority (e.g., a state, territory, or tribe) are identified in the table.
Part 220.127.116.11 of the PGP: Endangered and Threatened Species and Critical Habitat Protection under the PGP
Refer to the Endangered Species Act (ESA) webpage.
Part 1.2.2 of the PGP: Decision-makers Required to Submit a Notice of Intent
Requires certain operators to submit a Notice of Intent (NOI). An NOI provides notice to EPA that a decision-maker intends to discharge to waters of the United States from pesticide application activities eligible for coverage under this permit.
Refer to the PGP Electronic Reporting webpage.
Part 3 of the PGP: Water Quality-Based Effluent Limitations
Requires all operators to control discharges as necessary to meet applicable numeric and narrative state or tribal water quality standards.
Part 5 of the PGP: Pesticide Discharge Management Plan
Requires certain operators to develop a Pesticide Discharge Management Plan.
- Pesticide Discharge Management Plan Template (WORD)(24 pp, 197 K)
Part 6.4 of the PGP: Adverse Incident Documentation and Reporting
Requires all operators to report adverse incident which may have resulted from a discharge from a pesticide application.
- EPA Adverse Incident Reporting Contacts
- Fish and Wildlife Contacts
- National Marine Fisheries Service, Office of Protected Resources Contacts
Part 6.5 of the PGP: Reportable Spills and Leaks
Requires all operators to report spills. Regulations on reportable quantities for reporting spills to the National Response Center include: