Dischargers

STATE WATER RESOURCES CONTROL BOARD

1001 I Street, Sacramento, California 95814

(http://www.waterboards.ca.gov/water_issues/programs/npdes/aquatic.shtml)

WATER QUALITY ORDER 2016-0041-DWQ GENERAL PERMIT CAG990006

STATEWIDE GENERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR BIOLOGICAL PESTICIDES AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

The following Dischargers may apply for coverage under this Order in compliance with the waste discharge requirements as set forth in this Order:

Table 1. Discharger Information

Dischargers of biological pesticides and residual chemical pesticides to waters of the United States (U.S.) for aquatic animal invasive species control.

Table 2. Administrative Information

The State Water Resources Control Board (hereinafter State Water Board) adopted Order 2016-0041-DWQ on:	March 1, 2016
Order 2016-0041-DWQ shall become effective on:	June 15, 2016
Order 2016-0041-DWQ shall expire on:	March 1, 2021

The U.S. Environmental Protection Agency (U.S. EPA) and the State Water Board have classified this discharge as a minor discharge.

CERTIFICATION

• I, Courtney Tyler, Clerk to the Board, do hereby certify that this Order with all attachments is a full, true, and correct copy of the Order adopted by the State Water Board on March 1, 2016 .

AYE:

Chair Felicia Marcus

Vice Chair Frances Spivy-Weber

Board Member Tam M. Doduc

Board Member Steven Moore

Board Member Dorene D'Adamo

NAY:

None

ABSENT:

None

ABSTAIN:

None

Empty on purpose

Courtney Tyler Clerk to the Board

Contents

I.	Discharge Information...........................................................................................................4	Discharge Information...........................................................................................................4
II.	Permit Coverage and Application Requirements..................................................................5	Permit Coverage and Application Requirements..................................................................5
	A.	Coverage .......................................................................................................................5
	B.	Discharger	.....................................................................................................................5
	C.	Application.....................................................................................................................5
	D.	Fees...............................................................................................................................6
	E.	Terminating Coverage ...................................................................................................6
III.	Findings...............................................................................................................................7	Findings...............................................................................................................................7
	A. Background....................................................................................................................7	A. Background....................................................................................................................7
	B.	Legal Authorities	............................................................................................................8
	C.	Background and Rationale for Requirements................................................................9
	D.	California Environmental Quality Act	.............................................................................9
	E.	Related Pesticide Regulations.......................................................................................9
	F.	Technology-Based Effluent Limitations........................................................................10
	G.	Water Quality-Based Effluent Limitations	....................................................................10
	H.	Beneficial Uses in Basin Plans	....................................................................................11
	I. National Toxics Rule and California Toxics Rule...........................................................11	I. National Toxics Rule and California Toxics Rule...........................................................11
	J.	State Implementation Policy.........................................................................................12
	K.	Antidegradation Policy	.................................................................................................12
	L.	Endangered Species Act..............................................................................................13
	M.	Monitoring and Reporting............................................................................................13
	N.	Standard and Special Provisions.................................................................................13
	O.	Notification of Interested Parties..................................................................................13
	P.	Delegation to the Executive Director............................................................................13
	Q. Consideration of Public Comment...............................................................................14	Q. Consideration of Public Comment...............................................................................14
IV. V.	Discharge Effluent Limitations.............................................................................................................15	Prohibitions	......................................................................................................14
VI.	Receiving Water Limitations..............................................................................................15	Receiving Water Limitations..............................................................................................15
VII.	Pesticide Use Requirements............................................................................................18	Pesticide Use Requirements............................................................................................18
	Application Schedule ...................................................................................................18	Application Schedule ...................................................................................................18
	A. B. Requirements.........................................................................................18	A. B. Requirements.........................................................................................18
	C.	Public Notice
		Aquatic Pesticides Application Plan.............................................................................18
	D.	Aquatic Pesticide Application Plan Approval and Modification ....................................20
	E. Pesticide Application Log.............................................................................................21 Provisions.........................................................................................................................21	E. Pesticide Application Log.............................................................................................21 Provisions.........................................................................................................................21
	A. Provisions....................................................................................................21	A. Provisions....................................................................................................21
VIII.		Standard
	B.	Monitoring and Reporting Program Requirements.......................................................23
	C.	Special Provisions	........................................................................................................23

Tables

Table 1.	Discharger Information ............................................................................................ 1
Table 2.	Administrative Information ....................................................................................... 1
Table 3.	Receiving Water Limitations .................................................................................. 17
Attachments	Attachments
attachment A - Definitions......................................................................................................A-1	attachment A - Definitions......................................................................................................A-1
Attachment B - Standard Provisions......................................................................................B-1	Attachment B - Standard Provisions......................................................................................B-1
Attachment C - Monitoring and Reporting Program...............................................................C-1	Attachment C - Monitoring and Reporting Program...............................................................C-1
Attachment D - Fact Sheet.....................................................................................................D-1	Attachment D - Fact Sheet.....................................................................................................D-1
Attachment E - Notice of Intent..............................................................................................E-1	Attachment E - Notice of Intent..............................................................................................E-1
Attachment F - Notice of Termination .................................................................................... F-1	Attachment F - Notice of Termination .................................................................................... F-1

I. DISCHARGE INFORMATION

Pesticide formulations may include 'active ingredients' 1 and 'inert ingredients.' 2 Adjuvants 3 or surfactants may be added to the ingredients in the application equipment that is used in the delivery of the pesticide. As part of the registration process of pesticides for use in California, United States Environmental Protection Agency (U.S. EPA) and the California Department of Pesticide Regulation (DPR) evaluate data submitted by registrants to ensure that a product used according to label instructions will cause no harm or adverse impact on non-target organisms that cannot be reduced or mitigated with protective measures or use restrictions. The Clean Water Act (CWA), at section 301(a), broadly prohibits the discharge of any pollutant to waters of the U.S., except in compliance with an NPDES permit. Biological pesticides and residual chemical pesticides * discharged into surface waters constitute pollutants within the meaning of the CWA even if the discharge is in compliance with the registration requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Therefore, coverage under an NPDES permit is required.

The discharge of biological pesticides and residual chemical pesticides to waters of the U.S. from direct applications for aquatic animal invasive species* 4 control throughout the State of California may pose a threat to existing and potential beneficial uses of waters of the U.S. if not properly controlled and regulated. Therefore, this Order incorporates discharge prohibitions contained in water quality control plans (Basin Plans), as implemented by the State Water Board and the nine Regional Water Quality Control Boards (Regional Water Boards). However, this Order does not cover eradication programs that use rotenone. Such use requires detailed site-specific information and additional limitations by Regional Water Board Basin Plans that cannot be included in this Order.

1 Active ingredients are manufacturer disclosed ingredients that yield toxic effects on target organisms.

2 Inert ingredients are additional ingredients and are often trade secrets; therefore, they are not always disclosed by the manufacturer.

3 Adjuvants are ingredients that are added to pesticides during an application event and are often trade secrets. These ingredients are chosen by the Discharger, based on site characteristics, and typically increase the effectiveness of pesticides on target organisms.

4 Aquatic animal invasive species refer to species that establish and reproduce rapidly in a water body outside of their native range and may threaten the diversity or abundance of native species through competition for resources, predation, parasitism, hybridization with native populations, introduction of pathogens, or physical or chemical alteration of the invaded habitat.

• Defined in Attachment A - Definitions.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

II. PERMIT COVERAGE AND APPLICATION REQUIREMENTS

A. Coverage

This Order covers the point source discharge of biological pesticides and residual chemical pesticides resulting from direct applications for aquatic animal invasive species control using pesticides containing copper, sodium hypochlorite, or Pseudomonas fluorescens strain CL145A cells and spent fermentation media (Pf CL145A-S) as the active ingredient. Currently, all DPR-registered pesticides containing Pf CL145A-S as the active ingredient contain only dead bacteria. State Water Board staff's review of DPR's database found that copper, sodium hypochlorite, and Pf CL145A-S are active ingredients used in pesticide products for the control of invasive mollusks. This Order also covers new active ingredients registered by DPR for the control of aquatic animal invasive species that the Executive Director or his/her designee adds to this Order. Users of products containing these active ingredients for the control of aquatic animal invasive species are required to obtain coverage under this Order prior to application.

This Order does not apply to vessels covered by U.S. EPA's NPDES Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels.

B. Discharger

A Discharger under this Order includes any entity involved in the application of aquatic animal invasive species control pesticides that results in a discharge of biological pesticides and residual chemical pesticides to waters of the U.S., and meets either or both of the following two criteria:

1. The entity has control over the financing for or the decision to perform pesticide applications that result in discharges including the ability to modify those decisions; or
2. The entity has day-to-day control of the pesticide application or performs activities that are necessary to ensure compliance with this Order. For example, the entity is authorized to direct workers to carry out activities authorized by this Order or perform such activities themselves.

C. Application

To obtain authorization under this Order, the Discharger must submit a complete application to the State Water Board at least 90 days before the expected application of aquatic animal invasive species control pesticides as described below:

1. A Notice of Intent (shown as Attachment E) signed in accordance with the signatory requirements of the Standard Provisions in Attachment B;
2. An application fee; and

3. An Aquatic Pesticide Application Plan (APAP).

The State Water Board's Deputy Director of the Division of Water Quality (Deputy Director) or his/her designee may issue a Notice of Exclusion, 5 which terminates coverage under this Order, requires submittal of an application for an individual permit or alternative general permit, or denies coverage under this Order.

Permit coverage will be effective when all of the following have occurred:

1. The Discharger has submitted a complete permit application;
2. The APAP has been posted on the State Water Board's website for a 30-day comment period 6 and approved by the Deputy Director or his/her designee; and
3. The Deputy Director or his/her designee has issued a Notice of Applicability (NOA). The NOA will specify the pesticide active ingredients that may be used and any Regional Water Board specific conditions and requirements not stated in this Order. Any such region-specific conditions and requirements shall be enforceable. The Discharger is authorized to discharge starting on the date of the NOA.

D. Fees

A fee payable to the State Water Board for enrollment under this Order shall be based on Category 3 in section 2200(b)(9) of title 23, California Code of Regulations, which is available at http://www.waterboards.ca.gov/resources/fees/water_quality/ and is payable to the State Water Board.

E. Terminating Coverage

To terminate permit coverage, a Discharger must submit a complete and accurate Notice of Termination provided in Attachment F. The Discharger's authorization to discharge under this Order terminates on the date of the coverage termination letter issued by the Deputy Director or his/her designee. Prior to the termination effective date, a Discharger is subject to the terms and conditions of this Order and is responsible for submitting the annual fee and all reports associated with this Order.

A Discharger must submit a Notice of Termination when one of the following conditions occurs:

5 A Notice of Exclusion states and justifies why the Discharger or proposed Discharger is not eligible for coverage under this Order. This justification can include, but is not limited to, the necessity to comply with a total maximum daily load, protect sensitive water bodies, or be consistent with other resource agency directives such as a biological opinion from the U.S. Fish and Wildlife Service. The Notice of Exclusion can also indicate that the coverage is denied if feasible alternatives to the selected pesticide application project are not analyzed.

6 See Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486 (2nd Cir. 2005).

1. The Discharger has ceased all discharges from the application of pesticides for which it obtained Order coverage and does not expect to discharge during the remainder of the permit term; or
2. The Discharger has obtained coverage under an individual permit or an alternative general permit for all discharges required to be covered by an NPDES permit.

III. FINDINGS

The State Water Board finds:

A. Background

1. An NPDES permit is required for applications of pesticides that result in a discharge of pollutants to waters of the U.S. Courts have determined that pesticides may constitute chemical wastes or biological materials within the meaning of the CWA. 7 Under current case law, whether a permit is required depends upon whether it is a biological or chemical pesticide and, for a chemical pesticide, whether there is any residue or unintended effect from its application.
2. U.S. EPA's 2006 regulation attempting to exempt certain FIFRA-compliant applications of pesticides was invalidated and vacated by the Sixth Circuit Court of Appeals in 2009. 8 A two-year stay of the effect of that decision was granted, such that the invalidated regulation remained in effect until April 9, 2011.
3. Although the point at which a pesticide becomes a pollutant may not be known, a permit is required if a pollutant will be deposited into waters of the U.S. This Order is intended to regulate applications of pesticides that result in a discharge of pollutants to waters of the U.S., consistent with the CWA.
4. In 2001, the State Water Board adopted Water Quality Order 2001-0012-DWQ, Statewide General NPDES Permit for Discharges of Aquatic Pesticides to Waters of the U.S. Issued in response to a Ninth Circuit Court of Appeals decision, 9 Order 2001-0012-DWQ covered broad categories of aquatic pesticide use in California. Order 2004-0008-DWQ (larvicide discharges for vector control) and Order 20040009-DWQ (aquatic herbicide discharges for weed control) replaced Order 20010012-DWQ when it expired in 2004. In 2011, the State Water Board adopted Order 2011-0003-DWQ to regulate residual pesticide discharges for aquatic animal invasive species control. This Order will replace Order 2011-0003-DWQ.

7 Headwaters, Inc. v. Talent Irrigation District, (9th Cir. 2001) 243 F.3d 526; League of Wilderness Defenders v. Forsgren (9th Cir. 2002) 309 F.3d 526; Fairhurst v. Hagener (9th Cir. 2005) 422 F.3d. 1146.

National Cotton Council v. U.S. EPA (6th Cir. 2009) 553 F.3d 927.

8 National Cotton Council v. U.S. EPA (6 th Cir. 2009) 553 F.3d 927.

9 Headwaters, Inc. v. Talent Irrigation District (9 th Cir. 2001) 243F.3d 526.

1. The 2004 toxicity study funded by the State Water Board and data collected under Order 2004-0009-DWQ from 2004 to 2008 showed that peak copper concentrations did not exceed toxicity values. In addition, the study showed that all constituent concentrations from post-event application samples were below receiving water limitations except for 82 exceedances for copper out of 288 monitoring events. Of the 82 exceedances, 43 were from public agencies or mutual water companies that were granted a State Water Board Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP) exception from meeting priority pollutant limitations during the exception period. Thus, these exceedances are not considered violations of the receiving water limitations. However, 39 of the exceedances were from entities that did not have a SIP exception. Although these exceedances are in violation of the receiving water limitations, there has been no evidence to date indicating any long-term impacts from these exceedances. The foregoing information indicates that widespread acute ecosystem impacts will not occur from the application of copper-based pesticides for the control of aquatic animal invasive species if the pesticides are applied according to their label instructions and the requirements of this Order.

Order 2011-0002-DWQ required the State Water Board to conduct a toxicity study to determine if residues, including active ingredients, inert ingredients, and degradation byproducts, in any combination, from pesticide applications cause toxicity to the receiving water or add toxicity to it if there is pre-existing toxicity prior to pesticide applications. Order 2011-0002-DWQ included a provision that the order may be reopened and modified to incorporate toxicity monitoring requirements if the State Water Board-funded toxicity study demonstrated probable toxicity for particular pesticide ingredients. The toxicity study was completed in December 2012. Based on that study, the State Water Board determined that there were no significant impacts to waters of the U.S. outside of the pesticide application areas and there were no significant impacts to non-target species resulting from pesticide applications. Thus, it was unnecessary to reopen Order 2011-0002-DWQ. Consequently, this Order does not contain toxicity testing requirements.

B. Legal Authorities

This Order is issued pursuant to section 402 of the federal CWA and implementing regulations adopted by U.S. EPA and chapter 5.5, division 7 of the California Water Code (commencing with § 13370). Section 122.28(a)(1) of title 40 of the Code of Federal Regulations (40 C.F.R.) allows NPDES permits to be written to cover a category of discharges within state political boundaries as a general NPDES permit. U.S. EPA Region 9 has granted the State Water Board the authority to issue general NPDES permits.

This Order shall serve as a general NPDES permit for point source discharges of biological pesticides and residual chemical pesticides from direct applications for

aquatic animal invasive species control. This Order also serves as general waste discharge requirements pursuant to article 4, chapter 4, division 7 of the California Water Code (commencing with § 13260).

C. Background and Rationale for Requirements

The State Water Board developed the requirements in this Order based on information obtained from the California Department of Fish and Wildlife, DPR, California Department of Water Resources, Metropolitan Water District, and U.S. Fish and Wildlife Services and publicly available information on animal invasive species control programs on the internet. The Fact Sheet (Attachment D), which contains background information and rationale for requirements in this Order, is hereby incorporated into this Order and constitutes part of the Findings for this Order. Attachments A through F are all incorporated into this Order.

D. California Environmental Quality Act

Pursuant to California Water Code section 13389, State and Regional Water Boards are exempt from the requirement to comply with chapter 3, division 13 of the Public Resources Code when adopting NPDES permits.

E. Related Pesticide Regulations

U.S. EPA, DPR, and county agricultural commissioners, regulate pesticide uses in California. The applicable responsibility of each agency is summarized below:

1. United States Environmental Protection Agency

U.S. EPA has the sole jurisdiction of pesticide label language according to FIFRA. U.S. EPA must approve label language and any changes thereto before the product can be sold in this country.

As part of the labeling process, U.S. EPA evaluates data submitted by registrants to ensure that a product will cause no harm (or 'adverse impact') on non-target organisms if it is used in accordance with label instructions. U.S. EPA requires pesticide registrants to submit data on the effects of pesticides on target pests (efficacy) as well as effects on non-target pests. Data on non-target effects include plant effects (phytotoxicity), fish and wildlife hazards (ecotoxicity), impacts on endangered species, effects on the environment, environmental fate, breakdown products, leachability, and persistence. However, FIFRA is not necessarily as protective of water quality as the CWA.

2. California Department of Pesticide Regulation

DPR regulates the sale and use of pesticides in California. DPR is responsible for reviewing the toxic effects of pesticide formulations and determining whether a pesticide is suitable for use in California through a registration process. DPR also reviews data submitted by the registrants. Although DPR cannot require manufacturers to make changes in labels, it can refuse to register products in California unless manufacturers address unmitigated hazards by amending the

pesticide label. Consequently, many pesticide labels that are already approved by U.S. EPA also contain California-specific requirements.

DPR also conducts scientific evaluations of potential health and environmental impacts and provides county agricultural commissioners with information in the form of suggested permit conditions for the Use Permit if the proposed use is a restricted material. 10 DPR's suggested permit conditions reflect minimum measures necessary to protect people and the environment.

3. County Agricultural Commissioners

County agricultural commissioners also regulate sale and use of pesticides in California. In addition, county agricultural commissioners issue Use Permits for applications of pesticides that are deemed as restricted materials by DPR.

During the Use Permit permitting process, county agricultural commissioners determine if the pesticide use will result in substantial adverse environmental impact, whether appropriate alternatives were considered, and if any potential adverse effects are mitigated. The Use Permit conditions contain minimum measures necessary to protect people and the environment. County agricultural commissioners also conduct pre-project inspections on at least five percent of projects.

F. Technology-Based Effluent Limitations

Section 301(b) of the CWA and 40 C.F.R. section 122.44 require that permits include conditions meeting applicable technology-based requirements at a minimum, and any more stringent effluent limitations necessary to meet applicable water quality standards.

G. Water Quality-Based Effluent Limitations

Section 301(b) of the CWA and 40 C.F.R. section 122.44(d) require that permits include limitations more stringent than applicable federal technology-based requirements where necessary to achieve applicable water quality standards. The federal regulation mandates that permits include effluent limitations for all pollutants that are or may be discharged at levels that have the reasonable potential to cause or contribute to an excursion above a water quality standard, including numeric and narrative objectives within a standard. Section 122.44(k)(3) of 40 C.F.R. allows the use of other requirements such as best management practices (BMPs) in lieu of numeric effluent limits if the latter are infeasible. The State Water Board finds that

10 DPR designates a pesticide as a restricted material in California if it poses hazards to public health, farm workers, domestic animals, honeybees, the environment, wildlife, or crops other than those being treated ('Regulating Pesticides: A Guide to Pesticide Regulation in California,' October 2001, CDPR).

numeric effluent limits for pollutant discharges associated with the application of pesticides are infeasible because:

1. This Order regulates discharges of biological pesticides and residual chemical pesticides which are pesticide ingredients or degradation byproducts that are present after the use of the pesticide for aquatic animal invasive species control. Therefore, the exact effluent is unknown;
2. It would be impracticable to provide effective treatment of the biological pesticide or chemical pesticide residue to protect water quality as pesticide applications typically consist of numerous short duration intermittent pesticide releases to surface waters from many different locations; and
3. Treatment may render the pesticides useless for pest control.

The effluent limitations contained in this Order are narrative and include requirements to: (1) develop and implement an APAP that describes appropriate BMPs, including compliance with all pesticide label instructions, and (2) comply with receiving water limitations.

The BMPs required herein are intended to: (1) minimize the area and duration of impacts caused by the discharge of biological pesticides and residual chemical pesticides in the target area * and (2) allow for restoration of water quality and protection of beneficial uses of the receiving waters to pre-application quality following completion of an application event * .

H. Beneficial Uses in Basin Plans

The typical relevant beneficial uses identified in the Regional Water Boards' Basin Plans include: municipal and domestic supply, * agricultural irrigation, stock watering, process supply, service supply, hydropower supply, water contact recreation, canoeing and rafting recreation, other non-contact water recreation, warm freshwater aquatic habitat, cold freshwater habitat, * warm fish migration habitat, cold fish migration habitat, warm and cold spawning habitat, wildlife habitat, navigation, rare, threatened, or endangered species habitat, groundwater recharge, and freshwater replenishment. Requirements of this Order implement the applicable Basin Plans.

I. National Toxics Rule and California Toxics Rule

U.S. EPA adopted the National Toxics Rule on December 22, 1992, and later amended it on May 4, 1995 and November 9, 1999. About 40 criteria in the National Toxics Rule applied in California. On May 18, 2000, U.S. EPA adopted the California Toxics Rule (CTR). The CTR promulgated new toxics criteria for California and, in addition, incorporated the previously adopted National Toxics Rule criteria that were applicable in the state. The CTR was amended on February 13, 2001. These rules contain federal water quality standards for priority pollutants.*

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

J. State Implementation Policy

The State Water Board adopted the SIP in March 2000 and amended it in February 2005. The SIP establishes implementation provisions for priority pollutant criteria and objectives and provisions for chronic toxicity control.

As stated in Finding III.A.5, the State Water Board conducted toxicity studies which determined that there were no significant impacts to waters of the U.S. from pesticide applications. Based on these toxicity studies, this Order does not contain toxicity monitoring requirements. However, this Order includes narrative and numeric receiving water limitations to protect the beneficial uses of receiving waters. Therefore, requirements of this Order implement the SIP.

K. Antidegradation Policy

Section 131.12 of 40 C.F.R. requires that the state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California's antidegradation policy in State Water Board Resolution 68-16. Resolution 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution 68-16 requires that existing water quality be maintained unless degradation is justified based on specific findings. The Basin Plans implement, and incorporate by reference, both the state and federal antidegradation policies.

This Order requires that discharges must be consistent with the provisions of 40 C.F.R. section 131.12 and Resolution 68-16. The conditions of this Order require biological pesticide and residual chemical pesticide discharges to meet applicable water quality objectives. Specifically, this Order sets numeric receiving water limitations for chlorine, copper, and Pf CL145A-S to protect the beneficial uses of receiving waters. If Pf CL145A-S or residues from copper or sodium hypochlorite applications cause toxicity or add to an existing toxicity outside of the pesticide application area, the Discharger is required to perform an iterative process of evaluating its application methods, BMPs, or alternatives to the pesticide causing toxicity until the applications no longer cause or add toxicity. The BMPs and other controls required pursuant to this Order constitute Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology

The requirements in this Order are protective of the broad range of beneficial uses set forth in Basin Plans throughout the state, constituting best control available consistent with the purposes of the pesticide application in order to ensure that pollution or nuisance will not occur. The conditions also ensure maintenance of the highest water quality consistent with maximum benefit to the people of the state. The nature of pesticides is to be toxic in order to protect beneficial uses such as human health or long-term viability of native aquatic life. Section IV.C.4 of the Fact Sheet (Attachment D) of this Order provides examples of control programs where resource agencies used pesticides to protect beneficial uses such as long-term viability of native aquatic life.

Given the nature of a general permit and the broad range of beneficial uses to be protected across the state, data analysis of specific water bodies is infeasible. While applications of pesticides may temporarily degrade surface waters, it will not result in exceedance of water quality standards and objectives upon project completion. The nature of pesticides is to be toxic in order to protect human health. However, compliance with receiving water limitations and other permit requirements is required. Therefore, this Order is consistent with state and federal antidegradation policies.

L. Endangered Species Act

This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under the California Endangered Species Act (Fish and Game Code, §§ 2050 to 2097) or the Federal Endangered Species Act (16 U.S.C. §§ 1531 to 1544). This Order requires compliance with effluent limitations, receiving water limitations, and other requirements to protect the beneficial uses of waters of the state. The Discharger is responsible for meeting all requirements of the applicable Endangered Species Act.

M. Monitoring and Reporting

Section 122.48 of 40 C.F.R. requires that all NPDES permits specify requirements for recording and reporting monitoring results. California Water Code sections 13267 and 13383 authorize the State and Regional Water Board to require technical and monitoring reports. The Monitoring and Reporting Program establishes monitoring and reporting requirements to implement federal and state requirements. The Monitoring and Reporting Program is provided in Attachment C.

N. Standard and Special Provisions

Attachment B provides the Standard Provisions which apply to all NPDES permits in accordance with 40 C.F.R. section 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 C.F.R. section 122.42. The Discharger must comply with all standard provisions and with those additional conditions that are applicable under 40 C.F.R. section 122.42. In addition, the Discharger must comply with all the Special Provisions which are provided in Section VIII.C of this Order.

O. Notification of Interested Parties

The State Water Board will notify interested agencies and persons of its intent to prescribe waste discharge requirements and will provide them with an opportunity to submit comments. Details of the notifications are provided in the Fact Sheet of this Order.

P. Delegation to the Executive Director

This Order covers the application of pesticides which are based on active ingredients that are currently registered by DPR for the control of aquatic animal invasive species. When DPR registers a new active ingredient for the control of aquatic animal invasive

species, this Order must be reopened to add the new active ingredient and its receiving water limitations to the Order before the Discharger may begin using the active ingredient. In addition, when DPR registers a new active ingredient that is also a priority pollutant and the State Water Board has added the new active ingredient to this Order, this Order may also be reopened to allow the Discharger to obtain an exception from meeting receiving water limitations for the priority pollutant in accordance with SIP section 5.3. Furthermore, this Order may be reopened to allow dischargers to obtain an exception from meeting receiving water limitations for pollutants discharged into the Pacific Ocean in accordance with the California Ocean Plan. Amending this Order on a case-by-case basis is resource intensive for the State Water Board. Thus, this Order contains a delegation from the State Water Board to the Executive Director or his/her designee to amend this Order to add: (1) new active ingredients that have been registered by DPR along with their receiving water limitations; and (2) Dischargers to the SIP and California Ocean Plan exception list.

Q. Consideration of Public Comment

The State Water Board, in a public meeting, will hear and consider all comments pertaining to discharges to be regulated by this Order. Details of the Public Hearing are provided in the Fact Sheet of this Order.

THEREFORE, IT IS HEREBY ORDERED, that this Order supersedes Order 2011-0003DWQ upon the effective date of this Order except for enforcement purposes, and, in order to meet the provisions contained in division 7 of the California Water Code (commencing with section 13000) and regulations adopted thereunder, and the provisions of the CWA and regulations and guidelines adopted thereunder, the Discharger shall comply with the requirements in this Order. This action in no way prevents the State Water Board and Regional Water Quality Control Boards from taking enforcement action for past violations of the previous Order 2011-0003-DWQ. IT IS ALSO HEREBY ORDERED that in order to meet the provisions contained in Division 7 of the California Water Code (commencing with § 13000) and regulations adopted thereunder, and the provisions of the federal CWA and regulations and guidelines adopted thereunder:

• A. The Discharger shall comply with the requirements in this Order.
• B. The Executive Director or his/her designee shall be authorized to amend this Order to add active ingredients that are registered by DPR for the control of aquatic animal invasive species, and to grant exceptions pursuant to SIP section 5.3 of the SIP and the exception provisions of the California Ocean Plan. If the Executive Director or his/her designee adds an active ingredient that is newly registered by DPR, the receiving water limitation of the new active ingredient shall be consistent with the water quality objectives in the California Ocean Plan and Regional Water Board Basin Plans, and CTR criteria.

IV. DISCHARGE PROHIBITIONS

• A. The discharge of biological pesticides and residual chemical pesticides at a location or in a manner different from that described in this Order is prohibited.

• B. The discharge of biological pesticides and residual chemical pesticides shall not create a nuisance as defined in section 13050 of the California Water Code.
• C. The discharge of biological pesticides and residual chemical pesticides shall not cause, have a reasonable potential to cause, or contribute to an in-stream excursion above any applicable standard or criterion promulgated by U.S. EPA pursuant to section 303 of the CWA, or water quality objective adopted by the State or Regional Water Boards. This prohibition shall apply outside the treatment area during treatment, and in the treatment area after treatment has been completed.
• D. The discharge of biological pesticides and residual chemical pesticides from pesticide products that are based on active ingredients not listed in this Order or that do not have current DPR registration is prohibited.
• E. All pesticides are prohibited from the waters of the Lahontan Region (Region 6). The use of this permit is invalid in the Lahontan Region unless the Discharger has requested a prohibition exemption from the Lahontan Water Board and the Lahontan Water Board has granted an exemption for the use of algaecides or aquatic herbicides.

V. EFFLUENT LIMITATIONS

• A. The discharge of biological pesticides and residual chemical pesticides must meet applicable water quality standards; and
• B. The Discharger shall implement BMPs when applying pesticides. The BMPs must be provided in the APAP, which is described in Section VII.C.

VI. RECEIVING WATER LIMITATIONS

The discharge shall not result in any of the following:

• A. Floating Material. Floating material to be present in amounts that cause nuisance or adversely affect beneficial uses.
• B. Settleable Substances. Substances to be present in concentrations that result in the deposition of material that causes nuisance or adversely affects beneficial uses.
• C. Suspended Material. Suspended material to be present in concentrations that cause nuisance or adversely affect beneficial uses.
• D. Taste and Odors. Taste- or odor-producing substances to be present in concentrations that impart undesirable tastes or odors to fish flesh or other edible products of aquatic origin, or that cause nuisance, or otherwise adversely affect beneficial uses or domestic or municipal water supplies.
• E. Toxic Pollutants. Toxic pollutants to be present in the water column, sediments, or biota in concentrations that adversely affect beneficial uses; that produce detrimental response in human, plant, animal, or aquatic life; or that bioaccumulate in aquatic resources at levels which are harmful to human health.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

• F. Temperature. The ambient temperature to increase more than 5ºF.
• G. Color. Esthetically undesirable discoloration.
• H. Aquatic Communities. Aquatic communities and populations, including native vertebrates, invertebrates, and plant species to be degraded unless the aquatic animal invasive species to be controlled coexist with the aquatic community and project goal is to restore the native assemblage.
• I. Numeric Receiving Water Limitations. The numeric Receiving Water Limitations shown in Table 3 below will be used to assess compliance of biological pesticides and residual chemical pesticide discharges resulting from pesticide applications used to control animal aquatic invasive species.

Table 3. Receiving Water Limitations

Constituent	Maximum Daily Effluent Limitation	Basis
Chlorine	20 µg/L	U.S. EPA's Ambient Water Quality Criteria for Freshwater Aquatic Life Protection
Chlorine	10 µg/L	California Ocean Plan
Copper 1	Dissolved Freshwater 2 Copper Chronic = 0.960exp{0.8545 [ln(hardness 3 )] - 1.702} 4, 5 Dissolved Saltwater 4 Copper Chronic = 3.1 µg/L 4,5	California Toxics Rule
Pf CL145A-S	6 mg Active Ingredient/Liter	Approximately One-Tenth of the Lowest LC50 Value: Oncorhynchus mykiss [rainbow trout] 96-hr LC50 = 59.09 6
Toxicity	Aquatic pesticide applications shall not cause or contribute to toxicity in receiving water(s).	Regional Water Boards' Basin Plans

1. Public entities and mutual water companies that obtain SIP exceptions are not required to meet this receiving water limitation during the exception period described in Section VII.C.9 Limitations and Discharge Requirements, Aquatic Pesticides Application Plan. In addition, Dischargers that obtain California Ocean Plan exceptions are not required to meet this receiving water limitation during the exception period.
2. For waters in which the salinity is equal to or less than 1 part per thousand 95 percent or more of the time, the freshwater criteria apply. For waters in which the salinity is equal to or greater than 10 parts per thousand 95 percent or more of the time, saltwater criteria apply. For waters in which the salinity is between 1 and 10 parts per thousand, the applicable criteria are the more stringent of the freshwater or saltwater criteria.
3. For freshwater aquatic life criteria, waters with a hardness 400 mg/L or less as calcium carbonate, the actual ambient hardness of surface water shall be used. For waters with a hardness of over 400 mg/L as calcium carbonate, a hardness of 400 mg/L as calcium carbonate shall be used with a default Water-Effect Ratio of 1.
4. Values should be rounded to two significant figures.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

1. This limitation does not apply to the Sacramento River and its tributaries above the State Highway 32 Bridge at Hamilton City. See Table III-1 of the Central Valley Water Board Basin Plan for the Sacramento and San Joaquin River Basins for copper limitation.
2. Hartwell, T. A. [2011]. Rainbow trout (Oncorhynchus mykiss) 96-hour toxicity test. Stillmeadow, Inc. 12852 Park One Drive, Sugar Land, Texas. Study No. 14732-10, August 8th 2011. Unpublished. MRID No. 48575906.

VII. PESTICIDE USE REQUIREMENTS

A. Application Schedule

The Discharger shall provide a phone number or other specific contact information to all persons who request the Discharger's application schedule. The Discharger shall provide the requester with the most current application schedule and inform the requester if the schedule is subject to change. Information may be made available by electronic means, including posting prominently on a well-known webpage.

B. Public Notice Requirements

Every calendar year, prior to the first application of pesticides, the Discharger shall notify potentially affected governmental agencies and, if the Discharger has a website, post the notification at its website. The notification shall include the following information:

1. A statement of the Discharger's intent to apply pesticide(s);
2. Name of pesticide(s);
3. Purpose of use;
4. General time period and locations of expected use;
5. Any water use restrictions or precautions during treatment; and
6. A phone number that interested persons may call to obtain additional information from the Discharger.

C. Aquatic Pesticides Application Plan

The Discharger shall develop an APAP that contains the following elements:

1. Description of all the water bodies or water body systems in which pesticides are being planned to be applied or may be applied to control aquatic animal invasive species;
2. Discussion of the factors influencing the decision to select pesticide applications for aquatic animal invasive species control;
3. Pesticide active ingredients expected to be used and if known, their degradation byproducts, the method in which they are applied, and if applicable, the adjuvants and surfactants used;

1. Description of all the application areas* and the target areas in the system that are being planned to be applied or may be applied. Provide a map showing these areas;
2. Other control methods used (alternatives) and their limitations;
3. How much product is needed and how this amount was determined;
4. Representative monitoring locations* and the justification for selecting these locations;
5. List of the gates or control structures and inspection schedule of those gates or control structures to ensure that they are not leaking, if applicable;
6. If the Discharger has been granted a short-term or seasonal exception under SIP section 5.3 from meeting receiving water limitations, provide the beginning and ending dates of the exception period, and justification for the needed time for the exception. If applications occur outside of the exception period, describe plans to ensure that receiving water criteria are not exceeded. The Discharger must comply with the receiving water limitations for all applications that occur outside of the exception period;
7. Description of the monitoring program that addresses how required elements of the Monitoring and Reporting Program of this Order will be implemented;
8. Description of procedures used to prevent sample contamination from persons, equipment, and vehicles associated with aquatic pesticide applications;
9. Evaluation of available BMPs to determine if there are feasible alternatives to the selected pesticide application project that could reduce potential water quality impacts;
10. Description of the BMPs to be implemented. The BMPs shall include, at the minimum:
11. a. Measures to prevent pesticide spills;
12. b. Measures to ensure that only a minimum and consistent amount is used;
13. c. A plan to educate Discharger's staff and pesticide applicator on any potential adverse effects to waters of the U.S. from the pesticide application;
14. d. Descriptions of specific BMPs for each pesticide product used; and
15. e. Descriptions of specific BMPs for each type of environmental setting (agricultural, urban, and wetland).
16. Identification of the problem. Prior to the first pesticide application covered under this Order that will result in a discharge of biological pesticides or residual chemical pesticides to waters of the U.S., and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, the Discharger must do the following for each pest management area:

• a. If applicable, establish densities for pest populations to serve as action threshold(s) for implementing pest management strategies;
• b. Identify each target pest species to develop species-specific pest management strategies based on developmental and behavioral considerations for each species;
• c. Identify known breeding areas for source reduction, larval control program, and habitat management; and
• d. Analyze existing surveillance data to identify new or unidentified sources of each pest problem as well as areas that have recurring pest problems.
• Examination of Alternatives. The Discharger shall examine alternatives to pesticide use in order to reduce the need for applying pesticides. Such methods include:
• a. Evaluating the following management options, in which the impact to water quality, impact to non-target organisms, pesticide resistance, feasibility, and cost effectiveness should be considered:
• No action
• Prevention
• Mechanical or physical methods
• Cultural methods
• Biological control agents
• Pesticides

If there are no alternatives to pesticides, the Discharger shall use the least amount of pesticide necessary to effectively control the target pest.

• b. Using the least intrusive method of pesticide application.

16. Correct Use of Pesticides

The Discharger must ensure that all reasonable precautions are taken to minimize the impacts caused by pesticide applications. Pesticide applicators should be trained in the proper application of pesticides and handling of spills. All errors in application and spills must be reported to the proper authority.

1. If applicable, specify a website where public notices may be found as required in Section VII.B.

D. Aquatic Pesticide Application Plan Approval and Modification

The Discharger shall include the APAP in the application package which must be submitted to the Deputy Director or his/her designee for approval. State Water Board staff will coordinate with Regional Water Board staff in reviewing the application package for completeness and applicability to this Order. After receipt of a complete

application package, and in accordance with Section II.C. above, the Deputy Director or his/her designee will issue an NOA which will provide regulatory coverage for the Discharger under this Order. The Discharger shall also submit major changes to the APAP to the Deputy Director or his/her designee for approval. Examples of major changes include using a different product other than what is specified in the APAP, changing an application method that may result in different amounts of pesticides being applied, or adding or deleting BMPs. Since the APAP shall include: (1) ALL the water bodies or water body systems in which pesticides are being planned to be applied or may be applied to control aquatic animal invasive species and (2) ALL the application areas and the target areas in the system that are being planned to be applied or may be applied, changes in monitoring locations are not considered major changes. However, the Discharger must report these changes in the annual report.

E. Pesticide Application Log

The Discharger shall maintain a log for each pesticide application. The application log shall contain, at a minimum, the following information:

1. Date of application;
2. Location of application;
3. Name of applicator;
4. The names of the water bodies treated (e.g., specific canal, creek, lake, etc.);
5. Application details, such as time application started and stopped, and pesticide application rate and concentration;
6. Visual monitoring assessment; and
7. Certification that applicator followed the APAP.

VIII. PROVISIONS

A. Standard Provisions

1. All Dischargers authorized to discharge under this Order shall comply with the Federal Standard Provisions included in Attachment B of this Order.
2. This Order does not authorize the discharge of biological pesticides or residual chemical pesticides or their degradation by-products to waters of the U.S. that are impaired by the pesticides used for aquatic animal invasive species control. Impaired waters are those waters not meeting water quality standards pursuant to section 303(d) of the CWA. California impaired waters, as approved by the State Water Board, are listed on

http://gispublic.waterboards.ca.gov/webmap/303d_2012/files/2012_USEPA_appro v_303d_List_Final_20150807.xlsx.

1. The State Water Board may use this Order to regulate the discharge of biological pesticides or residual chemical pesticides to waters of the U.S. classified as Outstanding National Resource Waters (Lake Tahoe and Mono Lake) or as a

water body impaired by unknown toxicity only after the following conditions are satisfied: 1) the proposed project will comply with the limitations and discharge requirements specified in this Order; and 2) if required, the proposed pesticide application qualifies for and has been granted a Basin Plan prohibition exception prior to discharge.

1. This Order does not authorize the use of rotenone for invasive fish species control. Such a control program requires site-specific information and additional limitations required by Regional Water Board Basin Plans that cannot be included in this Order.
2. The Discharger must follow all FIFRA pesticide label instructions and any Use Permits issued by a county agricultural commissioner.
3. The Discharger must be licensed by DPR if such licensing is required for the pesticide application project.
4. The Discharger must comply with effluent limitations and must develop and implement an APAP.
5. In accordance with the APAP, Section VII.15, the Discharger shall implement the identified alternative measures that are feasible and effective to the selected pesticide application project that could reduce potential water quality impacts.
6. This Order incorporates discharge prohibitions contained in water quality control plans, as implemented by the State and the nine Regional Water Boards.
7. The Discharger authorized to discharge under this Order shall comply with the following provisions:
8. a. After notice and opportunity for a hearing, this Order may be terminated or modified for cause, including, but not limited to:
9. i. violation of any term or condition contained in this Order;
10. ii. obtaining this Order by misrepresentation or by failing to disclose fully all relevant facts;
11. iii. a change in any condition that requires a temporary or permanent reduction or elimination of the authorized discharge; and
12. iv. a material change in the character, location, or volume of discharge (if applicable).
13. b. The provisions of this Order are severable. If any provision of this Order is found invalid, the remainder of this Order shall not be affected.
14. c. The Discharger shall maintain a copy of this Order and make it available at all times to operating personnel. Key operating personnel shall be familiar with its content.
15. d. To demonstrate compliance with title 16, California Code of Regulations, sections 415 and 3065, all technical reports must contain a statement of the

qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work.

• e. The Discharger must identify laboratories that perform sample analyses in all monitoring reports submitted to the State Water Board.
• f. The Discharger shall maintain and calibrate all monitoring and analysis instruments and devices used to fulfill the prescribed monitoring program to ensure their continued accuracy, as necessary and at least yearly.
• g. The Discharger shall file with the State Water Board technical reports on selfmonitoring performed according to the detailed specifications contained in the Monitoring and Reporting Program attached to this Order.
• h. The State and Regional Water Board is authorized to enforce the terms of this Order under several provisions of the California Water Code, including, but not limited to, sections 13385, 13386, and 13387.

B. Monitoring and Reporting Program Requirements

1. The Discharger shall comply with the Monitoring and Reporting Program, and future revisions thereto, in Attachment C of this Order.
2. The Deputy Director or his/her designee may add monitoring and reporting requirements to the Monitoring and Reporting Program.
3. The Deputy Director or his/her designee may approve reductions in monitoring frequencies if the Discharger makes a request and the request is backed by statistical trends of monitoring data submitted.
4. The Discharger shall develop a correlation between turbidity and Pf CL145A-S concentration for each application event that requires receiving water monitoring regardless of whether a turbidity and Pf CL145A-S concentration correlation has been developed previously for the specific receiving water. The Discharger shall provide turbidity data from background samples and detailed records documenting the development of each correlation between receiving water Pf CL145A-S concentration and turbidity for application events that require receiving water monitoring.

C. Special Provisions

1. Reopener Provisions

• a. This Order may be reopened for modification, revocation, or reissuance in accordance with the provisions contained in 40 C.F.R. section 122.62.
• b. Conditions that require a major permit modification in 40 C.F.R. section 122.62, including:

• i. If new or amended applicable water quality standards are promulgated or approved pursuant to section 303 of the CWA, or amendments thereto, this Order may be reopened and modified in accordance with the new or amended standards.
• ii. When new information, that was not available at the time of permit issuance, would have justified different permit conditions at the time of issuance.
• c. Acute and Chronic Toxicity. If the State Water Board revises its toxicity control provisions that would require the establishment of numeric acute and chronic toxicity limitations, this Order may be reopened to include numeric acute and chronic toxicity receiving water limitations based on the new provisions.
• d. Endangered Species Act. If U.S. EPA develops biological opinions regarding pesticides included in this Order, this Order may be reopened to add or modify Receiving Water Limitations/Monitoring Triggers for residual pesticides of concern, if necessary.
• e. Receiving Water Limitations. If necessary, this Order may be reopened to add or modify Receiving Water Limitations or Monitoring Triggers for biological pesticides or residual chemical pesticides of concern.
• f. Pesticide Active Ingredients. The Executive Director may reopen this Order to add additional pesticide active ingredients registered by DPR to control aquatic animal invasive species. The Executive Director may also reopen this Order to allow Dischargers to obtain an exception from meeting receiving water limitations in accordance with the SIP and the California Ocean Plan.

2. Reporting

a. Twenty-Four Hour Report

The Discharger shall report to the State Water Board and appropriate Regional Water Board any noncompliance, including any effect of a pesticide's use that is unexpected or unintended, that may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the Discharger becomes aware of the circumstances and must include the following information:

• i. The caller's name and telephone number;
• i. Applicator name and mailing address;
• ii. Waste Discharge Identification number;
• iii. The name and telephone number of a contact person, if different than the person providing the 24-hour notice;
• iv. How and when the Discharger become aware of the noncompliance;
• v. Description of the location of the noncompliance;

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

• vi. Description of the noncompliance identified and U.S. EPA pesticide registration number for each product the Discharger applied in the area of the noncompliance; and
• vii. Description of any steps the Discharger has taken or will take to correct, repair, remedy, cleanup, or otherwise address any adverse effects.

If the Discharger is unable to notify the State Water Board and appropriate Regional Water Board within 24 hours, the Discharger must do so as soon as possible and also provide the rationale for why the Discharger was unable to provide such notification within 24 hours.

b. Five-Day Written Report

The Discharger shall also provide a written submission within five (5) days of the time the Discharger becomes aware of the noncompliance. The written submission shall contain the following information:

• i. Date and time the Discharger notified the State Water Board and the appropriate Regional Water Board of the noncompliance and any instructions received from the Regional Water Board;
• ii. Information required in Section C.3.a above;
• iii. A description of the noncompliance and its cause, including exact date and time and species affected, estimated number of individual and approximate size of dead or distressed organisms (other than the target species);
• iv. Location of incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc.);
• v. Magnitude and scope of the affected area (e.g. aquatic square area or total stream distance affected);
• vi. Pesticide application rate, intended use site (e.g., banks, above, or direct to water), method of application, and name of pesticide product, description of pesticide ingredients, and U.S. EPA registration number;
• vii. Description of the habitat and the circumstances under which the noncompliance activity occurred including any available data on ambient water (which is the water in the immediate surrounding area) for pesticides applied;
• viii. Laboratory tests performed, if any, and timing of tests. Provide a summary of the test results within five days after they become available;
• ix. If applicable, explain why the Discharger believes the noncompliance could not have been caused by exposure to the pesticide from the Discharger's application; and
• x. Actions to be taken to prevent recurrence of adverse incidents.

3. Corrective Action

a. Situations Requiring Revision of Control Measures

If any of the following situations occur, the Discharger must review and, as necessary, revise the evaluation and selection of the control measures to ensure that the situation is eliminated and will not be repeated in the future:

• i. An unauthorized release or discharge associated with the application of pesticides (e.g., spill, leak, or discharge not authorized by this or another NPDES permit) occurs;
• ii. The Discharger becomes aware, or the State Water Board concludes, that the control measures are not adequate or sufficient for the discharge to meet applicable water quality standards or Receiving Water Limitations for the concerned pesticides;
• iii. Any monitoring activities indicate that the Discharger failed to:
• Follow the label instructions for the product used;
• Perform regular maintenance activities to reduce leaks, spills, or other unintended discharges of pesticides associated with the application of pesticides covered under this Order; or
• Maintain pesticide application equipment in proper operating condition by adhering to any manufacturer's conditions and industry practices, and by calibrating, cleaning, and repairing such equipment on a regular basis to ensure effective pesticide application and aquatic animal invasive species control. The Discharger must ensure that the equipment's rate of pesticide application is calibrated to deliver the precise minimum quantity of pesticide needed to achieve greatest efficacy against aquatic animal invasive species.

b. Corrective Action Deadlines

If the Discharger determines that changes to the control measures are necessary to eliminate any situation identified in Section C.3.a above, the Discharger shall make such changes within 60 days. The Discharger shall take the corrective action before further discharge of biological pesticides or residual chemical pesticides will be allowed.

c. Effect of Corrective Action

The occurrence of a situation identified in Section C.3.a above may constitute a violation of this Order. Correcting the situation according to Section C.3.b does not absolve the Discharger of liability for any original violation. However, failure to comply with Section C.3.b constitutes an additional permit violation. The State Water Board will consider the appropriateness and promptness of corrective action in determining enforcement responses to permit violations.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

The State Water Board and the appropriate Regional Water Boards may impose additional requirements and schedules of compliance, including requirements to submit additional information concerning the condition(s) triggering corrective action or schedules and requirements more stringent than specified in this Order. The requirements and schedules will supersede those of Section C.3.b if such requirements conflict.

4. Adverse Incident to Threatened or Endangered Species or Critical Habitat

If the Discharger becomes aware of an adverse incident * to a federally-listed threatened or endangered species or its federally-designated critical habitat that may have resulted from the Discharger's pesticide application, the Discharger must immediately notify the National Marine Fisheries Service in the case of an anadromous or marine species, or the U.S. Fish and Wildlife Service in the case of a terrestrial or freshwater species. This notification must be made by telephone or email immediately when the Discharger becomes aware of the adverse incident and must include at least the following information:

• a. The caller's name, telephone number, and email address;
• b. Applicator name and mailing address;
• c. The name of the affected species;
• d. How and when the Discharger became aware of the adverse incident;
• e. Description of the location of the adverse incident;
• f. Description of the adverse incident, including U.S. EPA pesticide registration number for each product applied in the area of the adverse incident; and
• g. Description of any steps that have been taken or will be taken to alleviate the adverse impact to the species.

Additional information on federally-listed threatened or endangered species and federally-designated critical habitat is available from the National Marine Fisheries Service (www.nmfs.noaa.gov) for anadromous or marine species or U.S. Fish and Wildlife Service (www.fws.gov) for terrestrial or freshwater species.

5. Other Special Provisions

In the event of any change in control or ownership of land or waste discharge facilities presently owned or controlled by the Discharger, the Discharger shall notify the succeeding Discharger of the existence of this Order by letter, a copy of which shall be immediately forwarded to the State Water Board.

To assume operation under this Order, the succeeding Discharger must apply in writing to the Deputy Director requesting transfer of the Order. The request must contain the requesting entity's full legal name, the State of incorporation if a corporation, address and telephone number of the persons responsible for contact with the State Water Board and a statement. The statement shall comply with the signatory and certification requirements in the federal Standard Provisions

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

(Attachment B) and state that the new Discharger assumes full responsibility for compliance with this Order. Failure to submit the request shall be considered a discharge without requirements, a violation of the California Water Code.

Active Ingredient

Active ingredients are manufacturer disclosed ingredients that yield toxic effects on target organisms.

Adjuvants

Adjuvants are ingredients that are added to pesticides during an application event and are often trade secrets. These ingredients are chosen by the Discharger, based on site characteristics, and typically increase the effectiveness of pesticides on target organisms.

Adverse Incident

Adverse Incident means a situation where the Discharger observes upon inspection or becomes aware of in which :

• A person or non-target organism may have been exposed to a biological pesticide or residual chemical pesticide, and
• The person or non-target organism suffered an adverse or toxic effect.

Adverse or Toxic Effect

An 'adverse or toxic effect' includes impacts that occur within United States (U.S.) waters on non-target plants, fish, or wildlife that are unusual or unexpected (e.g., effects are to organisms not otherwise described on the pesticide product label or otherwise not expected to be present) as a result of exposure to a biological pesticide or residual chemical pesticide, and may include:

• Distressed or dead juvenile and small fishes
• Washed up or floating fish
• Fish swimming abnormally or erratically
• Fish lying lethargically at water surface or in shallow water
• Fish that are listless or nonresponsive to disturbance
• Stunting, wilting, or desiccation of non-target submerged or emergent aquatic plants
• Other dead or visibly distressed non-target aquatic organisms (amphibians, turtles, invertebrates, etc.)

An 'adverse or toxic effect' also includes any adverse effects to humans (e.g., skin rashes) or domesticated animals that occur either directly or indirectly from a discharge to waters of the U.S. that are temporally and spatially related to exposure to biological pesticides or residual chemical pesticides (e.g., vomiting, lethargy).

ATTACHMENT A - DEFINITIONS

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

Agricultural Supply

Uses of water for farming, horticulture, or ranching including, but not limited to, irrigation, stock watering, or support of vegetation for range grazing.

Application Area

The application area is the area to which pesticides are directly applied. It is the responsibility of the Discharger to determine the application area. The application area may be synonymous with the target area.

Application Event

The application event is the time that introduction of the pesticide to the application area takes place, not the length of time that the environment is exposed to the pesticide.

Aquatic Animal Invasive Species

Aquatic animal invasive species refers to species that establish and reproduce rapidly in a water body outside of their native range and may threaten the diversity or abundance of native species through competition for resources, predation, parasitism, hybridization with native populations, introduction of pathogens, or physical or chemical alteration of the invaded habitat.

Biological Pesticides

Biological pesticides are pesticides derived from natural materials such as animals, plants, bacteria, and certain minerals. 11 They include three classes: microbial, biochemical, and plant incorporated protectants. 12 Microbial biological pesticides consist of a microorganism (e.g., a bacterium, fungus, virus, or protozoan) as the active ingredient. These agents usually do not have toxic effects on non-target animals and people. They also do not leave toxic or persistent chemical residues in the environment. Pseudomonas fluorescens strain CL145A cells and spent fermentation media is registered as a microbial biological pesticide active ingredient. 13

Cold Freshwater Habitat

Uses of water that support cold water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish, or wildlife, including invertebrates.

Enclosed Bays

Enclosed Bays means indentations along the coast that enclose an area of oceanic water within distinct headlands or harbor works. Enclosed bays include all bays where the narrowest distance between the headlands or outermost harbor works is less than 75 percent of the

11 http://www2.epa.gov/pesticide-registration/biopesticide-registration#what

12 http://www.epa.gov/pesticides/glossary/index.html#e

13 http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OPP-2011-0568

greatest dimension of the enclosed portion of the bay. Enclosed bays do not include inland surface waters or ocean waters.

Estuaries

Estuaries means waters, including coastal lagoons, located at the mouths of streams that serve as areas of mixing for fresh and ocean waters. Coastal lagoons and mouths of streams that are temporarily separated from the ocean by sandbars shall be considered estuaries. Estuarine waters shall be considered to extend from a bay or the open ocean to a point upstream where there is no significant mixing of fresh water and seawater. Estuaries do not include inland surface waters or ocean waters.

Freshwater Replenishment

Uses of water for natural or artificial maintenance of surface water quantity or quality.

Groundwater Recharge

Uses of water for natural or artificial recharge of ground water for purposes of future extraction, maintenance of water quality, or halting of saltwater intrusion into freshwater aquifers.

Half-Life

Half-life is the time required for half of the compound introduced into an ecosystem to be eliminated or disintegrated by natural processes.

Hydropower Supply

Uses of water for hydropower supply.

Industrial Process Supply

Uses of water for industrial activities that depend primarily on water quality.

Inert Ingredients

Inert ingredients are additional ingredients and are often trade secrets; therefore, they are not always disclosed by the manufacturer.

Inland Surface Waters

All surface waters of the state that do not include the ocean, enclosed bays, or estuaries.

Migration of Aquatic Organisms

Uses of water that support habitats necessary for migration or other temporary activities by aquatic organisms, such as anadromous fish.

Municipal and Domestic Supply

Uses of water for community, military, or individual water supply systems including, but not limited to, drinking water supply.

Navigation

Uses of water for shipping, travel, or other transportation by private, military, or commercial vessels.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

Non-Contact Water Recreation

Uses of water for recreational activities involving proximity to water, but where there is generally no body contact with water, nor any likelihood of ingestion of water. These uses include, but are not limited to, picnicking, sunbathing, hiking, beachcombing, camping, boating, tidepool and marine life study, hunting, sightseeing, etc.

Point Source

Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff.

Priority Pollutants

Priority pollutants are listed within the California Toxics Rule in 40 Code of Federal Regulations, section 131.38(b)(1). Criteria to protect aquatic life and human health are set for priority pollutants in the California Toxics Rule.

Rare, Threatened, or Endangered Species Habitat

Uses of water that support aquatic habitats necessary, at least in part, for the survival and successful maintenance of plant or animal species established under state or federal law as rare, threatened or endangered.

Receiving Waters

See Waters of the United States.

Representative Monitoring Location

To be considered 'representative,' at a minimum, a location must be similar in hydrology, pesticide use, and other factors that affect the biological pesticide or residual chemical pesticide discharge to the areas being represented in that environmental setting.

Residual Chemical Pesticides

Residual pesticides are those portions of chemical pesticides that remain in the water after the application and its intended purpose (elimination of targeted pests) have been completed. Residual pesticides also include excess amounts of chemical pesticides during and after application.

Self-Monitoring

Sampling and analyses performed by a permittee to determine compliance with a permit or other regulatory requirements. All analyses must be conducted by a laboratory certified by the State Water Resources Control Board (State Water Board).

Source of Drinking Water

Any water designated as municipal or domestic supply in a Regional Water Quality Control Board Basin Plan and/or as defined in State Water Board Resolution 88-63.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

Spawning, Reproduction, and/or Early Development

Uses of water that support high quality aquatic habitats suitable for reproduction and early development of fish.

Target Area

The target area is the area designated for aquatic animal invasive species control. This may be synonymous with the application area.

Warm Freshwater Habitat

Uses of water that support warm water ecosystems including, but not limited to, preservation or enhancement of aquatic habitats, vegetation, fish, or wildlife, including invertebrates.

Water Contact Recreation

Uses of water for recreational activities involving body contact with water, where ingestion of water is reasonably possible. These uses include, but are not limited to, swimming, wading, water-skiing, skin and scuba diving, surfing, white water activities, fishing, or use of natural hot springs.

Waters of the United States

Generally refers to surface waters, as defined for the purposes of the federal Clean Water Act.

Wildlife Habitat

Uses of water that support terrestrial or wetland ecosystems including, but not limited to, preservation and enhancement of terrestrial habitats or wetlands, vegetation, wildlife (e.g., mammals, birds, reptiles, amphibians, invertebrates), or wildlife water and food sources.

ATTACHMENT B - STANDARD PROVISIONS

I. STANDARD PROVISIONS - PERMIT COMPLIANCE (IF APPLICABLE)

A. Duty to Comply

1. The Discharger must comply with all of the conditions of this Order. Any noncompliance constitutes a violation of the Clean Water Act (CWA) and the California Water Code and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. (Title 40 of Code of Federal Regulations (C.F.R.) § 122.41(a).)
2. The Discharger shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if this Order has not yet been modified to incorporate the requirement. (40 C.F.R. § 122.41(a)(1).)

B. Need to Halt or Reduce Activity Not a Defense

It shall not be a defense for a Discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Order. (40 C.F.R. § 122.41(c).)

C. Duty to Mitigate

The Discharger shall take all reasonable steps to minimize or prevent any discharge in violation of this Order that has a reasonable likelihood of adversely affecting human health or the environment. (40 C.F.R. § 122.41(d).)

D. Proper Operation and Maintenance

The Discharger shall at all times properly operate and maintain all facilities and systems of control (and related appurtenances) which are installed or used by the Discharger to achieve compliance with the conditions of this Order. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. (40 C.F.R. § 122.41(e).)

E. Property Rights

1. This Order does not convey any property rights of any sort or any exclusive privileges. (40 C.F.R. § 122.41(g).)
2. The issuance of this Order does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations. (40 C.F.R. § 122.5(c).)

F. Inspection and Entry

The Discharger shall allow the Regional Water Quality Control Boards (Regional Water Boards), State Water Resources Control Board (State Water Board), U.S.

Environmental Protection Agency (U.S. EPA), and/or their authorized representatives (including an authorized contractor acting as their representative), upon the presentation of credentials and other documents, as may be required by law, to (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i); Wat. Code, §§ 13267, 13383):

1. Enter upon the Discharger's premises where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(i); 40 C.F.R. § 122.41(i)(1); Wat. Code, §§ 13267, 13383);
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(2); Wat. Code, §§ 13267, 13383);
3. Inspect and photograph, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Order (33 U.S.C. § 1318(a)(4)(B)(ii); 40 C.F.R. § 122.41(i)(3); Wat. Code, §§ 13267, 13383); and
4. Sample or monitor, at reasonable times, for the purposes of assuring Order compliance or as otherwise authorized by the CWA or the Water Code, any substances or parameters at any location. (33 U.S.C. § 1318(a)(4)(B); 40 C.F.R. § 122.41(i)(4); Wat. Code, §§ 13267, 13383.)

II. STANDARD PROVISIONS - PERMIT ACTION

A. General

This Order may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Discharger for modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any Order condition. (40 C.F.R. § 122.41(f).)

B. Duty to Reapply

If the Discharger wishes to continue an activity regulated by this Order after the expiration date of this Order, the Discharger must apply for and obtain a new permit. (40 C.F.R. § 122.41(b).)

C. Transfers

This Order is not transferable to any person except after notice to the State Water Board. The State Water Board may require modification or revocation and reissuance of this Order to change the name of the Discharger and incorporate such other requirements as may be necessary under the CWA and the Water Code. (40 C.F.R. § 122.41(l)(3); § 122.61.)

III. STANDARD PROVISIONS - MONITORING

• A. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (40 C.F.R. § 122.41(j)(1).)

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

• B. Monitoring results must be conducted according to test procedures under 40 C.F.R. part 136 unless other test procedures have been specified in this Order. (40 C.F.R. § 122.41(j)(4); § 122.44(i)(1)(iv).)

IV. STANDARD PROVISIONS - RECORDS

• A. The Discharger shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Order, and records of all data used to complete the application for this Order, for a period of at least three (3) years from the date of the sample, measurement, report or application. This period may be extended by request of the State Water Board Deputy Director of the Division of Water Quality (Deputy Director) or his/her designee at any time. (40 C.F.R. § 122.41(j)(2).)
• B. Records of monitoring information shall include:
• The date, exact place, and time of sampling or measurements (40 C.F.R. § 122.41(j)(3)(i));
• The individual(s) who performed the sampling or measurements (40 C.F.R. § 122.41(j)(3)(ii));
• The date(s) analyses were performed (40 C.F.R. § 122.41(j)(3)(iii));
• The individual(s) who performed the analyses (40 C.F.R. § 122.41(j)(3)(iv));
• The analytical techniques or methods used (40 C.F.R. § 122.41(j)(3)(v)); and
• The results of such analyses. (40 C.F.R. § 122.41(j)(3)(vi).)
• C. Claims of confidentiality for the following information will be denied (40 C.F.R. § 122.7(b)):
• The name and address of any permit applicant or Discharger (40 C.F.R. § 122.7(b)(1)); and
• Permit applications and attachments, permits and effluent data. (40 C.F.R. § 122.7(b)(2).)

V. STANDARD PROVISIONS - REPORTING

A. Duty to Provide Information

The Discharger shall furnish to the Regional Water Board, State Water Board, or U.S. EPA within a reasonable time, any information which the Regional Water Board, State Water Board, or U.S. EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Order or to determine compliance with this Order. Upon request, the Discharger shall also furnish to the Regional Water Board, State Water Board, or U.S. EPA copies of records required to be kept by this Order. (40 C.F.R. § 122.41(h); Wat. Code, § 13267.)

B. Signatory and Certification Requirements

All applications, reports, or information submitted to the Regional Water Board, State Water Board, and/or U.S. EPA shall be signed and certified in accordance with Standard Provisions - Reporting V.B.1, V.B.2, V.B.3, and V.B.4 below. (40 C.F.R. § 122.41(k).)

1. For a municipality, state, federal, or other public agency: All permit applications shall be signed by a principal executive officer or ranking elected official. For purposes of this provision, a principal executive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of U.S. EPA) (40 C.F.R. § 122.22(a)(3).)
2. All reports required by this Order and other information requested by the State Water Board or U.S. EPA shall be signed by a person described in Standard Provisions - Reporting V.B.1 above, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
3. a. The authorization is made in writing by a person described in Standard Provisions - Reporting V.B.1 above (40 C.F.R. § 122.22(b)(1));
4. b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity or an individual or a position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) (40 C.F.R. § 122.22(b)(2)); and
5. c. The written authorization is submitted to the Regional Water Board and State Water Board. (40 C.F.R. § 122.22(b)(3).)
6. If an authorization under Standard Provisions - Reporting V.B.1 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of Standard Provisions - Reporting V.B.1 above must be submitted to the Regional Water Board and State Water Board prior to or together with any reports, information, or applications, to be signed by an authorized representative. (40 C.F.R. § 122.22(c).)

1. Any person signing a document under Standard Provisions - Reporting V.B.1 or V.B.3 above shall make the following 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. Based on 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.' (40 C.F.R. § 122.22(d).)

C. Monitoring Reports

1. Monitoring results shall be reported at the intervals specified in the Monitoring and Reporting Program (Attachment C) in this Order.(40 C.F.R. § 122.41(l)(4).)
2. Monitoring results must be reported on a Self-Monitoring Report (SMR) or form as agreed by the Deputy Director or his/her designee and the Discharger.
3. If the Discharger monitors any pollutant more frequently than required by this Order using test procedures approved under 40 C.F.R. part 136 or as specified in this Order, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the SMR or other reporting form specified by the State Water Board. (40 C.F.R. § 122.41(l)(4)(ii).)
4. Calculations for all limitations, which require averaging of measurements, shall utilize an arithmetic mean unless otherwise specified in this Order. (40 C.F.R. § 122.41(l)(4)(iii).)

D. Compliance Schedules

Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this Order, shall be submitted no later than 14 days following each schedule date.(40 C.F.R. § 122.41(l)(5).)

E. Planned Changes

The Discharger shall give notice to the State Water Board and the appropriate Regional Water Board as soon as possible of any planned physical alterations or additions to the permitted activity or discharge. Notice is required under this provision (40 C.F.R. § 122.41(l)(1)) only when the alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants that are subject neither to effluent limitations in this Order nor to notification requirements under section 122.42(a)(1) (see Additional ProvisionsNotification Levels VII.A.1). (40 C.F.R. § 122.41(l)(1)(ii).)

F. Anticipated Noncompliance

The Discharger shall give advance notice to the Regional Water Board and State Water Board of any planned changes in the permitted discharge or activity that may result in noncompliance with requirements of this Order. (40 C.F.R. § 122.41(l)(2).)

G. Other Noncompliance

The Discharger shall report all instances of noncompliance not reported under Standard Provisions - Reporting V.C, V.D, and V.F above at the time monitoring reports are submitted. The reports shall contain the information listed in Standard Provision - Reporting V.F above. (40 C.F.R. § 122.41(l)(7).)

H. Other Information

When the Discharger becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Regional Water Board, State Water Board, or U.S. EPA, the Discharger shall promptly submit such facts or information. (40 C.F.R. § 122.41(l)(8).)

VI. STANDARD PROVISIONS - ENFORCEMENT

The State Water Board and Regional Water Board is authorized to enforce the terms of this Order under several provisions of the Water Code, including, but not limited to, sections 13385, 13386, and 13387.

ATTACHMENT C - MONITORING AND REPORTING PROGRAM

Contents

I.	GENERAL MONITORING PROVISIONS..............................................................................2
II.	MONITORING LOCATIONS AND SAMPLE TYPES...........................................................3
	A. Monitoring Locations......................................................................................................3
	B. Sample Types................................................................................................................3
III.	RECEIVING WATER MONITORING REQUIREMENTS - SURFACE WATER..................4
	A. Monitoring Plan Design..................................................................................................4
	B. Monitoring Log..............................................................................................................5
	C. Determination of Pf CL145A-S Concentrations in Receiving Waters.............................5
IV.	REPORTING REQUIREMENTS........................................................................................9
A.	General Monitoring and Reporting Requirements..........................................................9
B.	Annual Reports..............................................................................................................9
C.	Reporting Protocols .....................................................................................................11
Tables	Tables

ATTACHMENT C - MONITORING AND REPORTING PROGRAM

Title 40 of the Code of Federal Regulations (40 C.F.R.), section 122.48 requires that all National Pollutant Discharge Elimination System (NPDES) permits specify monitoring and reporting requirements. California Water Code sections 13267 and 13383 also authorize the State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (Regional Water Boards) to require technical and monitoring reports. This Monitoring and Reporting Program (MRP) establishes monitoring and reporting requirements which implement federal and California laws and regulations.

This MRP is designed to address the two key questions shown below.

Question No. 1: Does the biological pesticide or residual chemical pesticide from applications cause an exceedance of receiving water limitations?

Question No. 2: Does the biological pesticide or residual chemical pesticide, including active ingredients, inert ingredients, and degradation byproducts, in any combination cause or contribute to an exceedance of the 'no toxics in toxic amount' narrative toxicity objective?

I. GENERAL MONITORING PROVISIONS

• A. Samples and measurements taken as required herein shall be representative of the nature of the monitored discharge. All samples shall be taken at the anticipated monitoring locations specified in the Discharger's Aquatic Pesticide Application Plan (APAP).
• B. All laboratory analyses shall be conducted at a laboratory certified for such analyses by the State Water Board. Laboratories that perform sample analyses shall be identified in all monitoring reports. A manual containing the steps followed in this program must be kept in the laboratory and shall be available for inspection by State Water Board and appropriate Regional Water Board staff. The Quality AssuranceQuality Control Program must conform to U.S. EPA guidelines or to procedures approved by the State Water Board and the appropriate Regional Water Board.
• C. All analyses shall be conducted in accordance with the latest edition of 'Guidelines Establishing Test Procedures for Analysis of Pollutants,' promulgated by U.S. EPA (40 C.F.R. part 136). Any procedures to prevent the contamination of samples as described by the APAP shall be implemented.
• D. Records of monitoring information shall include the following:
• The date, exact place, and time of sampling or measurements;
• The individuals who performed the sampling or measurements;
• The dates analysis were performed;
• The individuals who performed the analyses;
• The analytical techniques or methods uses; and

1. The results of such analyses.
2. E. The Discharger shall properly maintain and calibrate all monitoring instruments and devices to fulfill the prescribed monitoring program to ensure their accuracy.
3. F. The Discharger shall report all monitoring results, including noncompliance, at intervals and in a manner specified in this MRP of this Order.
4. G. Laboratories that conduct the analysis shall be certified by State Water Board, in accordance with the provision of California Water Code section 13176, and must include quality assurance/quality control data with their reports.
5. H. The Discharger shall quantify Pseudomonas fluorescens strain CL145a cells and spent fermentation media (Pf CL145A-S) concentrations in receiving waters for each application event that requires receiving water monitoring as described on U.S. EPA's product label and in Section III.C of this MRP. The Discharger shall monitor turbidity to determine the Pf CL145A-S concentrations in receiving waters during treatments that require receiving water monitoring. The Discharger shall report Pf CL145A-S concentration data both as raw Nephelometric turbity unit (NTU) values and as calculated dead Pf CL145A-S concentration determined using a linear regression analysis of known Pf CL145A-S concentrations in spiked source water to be treated versus turbidity. The Discharger shall document all monitoring data and calculations for each application event that requires receiving water monitoring in the Pesticide Application Log and provide this information in annual monitoring reports.

II. MONITORING LOCATIONS AND SAMPLE TYPES

A. Monitoring Locations

Each Discharger shall establish monitoring locations specified in the APAP to demonstrate compliance with the receiving water limitations, discharge specifications, and other requirements in this Order. The number and location of samples shall be selected to answer the two key questions. A Discharger may use representative monitoring locations to characterize water quality for all waters of the U.S. within the Discharger's boundaries for each environmental setting (agriculture, urban, and wetland). However, the Discharger must provide justification for the selection of the representative monitoring locations. To be considered 'representative,' at a minimum, a location must be similar in hydrology, pesticide use, and other factors that affect the discharge of biological pesticides or residual chemical pesticides to surface waters as a result of applications to the areas being represented in that environmental setting. Each Discharger must provide technical justification and identify which areas are to be considered representative. Monitoring location information shall include a description of the treatment area, global positioning system coordinates, and pesticides being applied.

B. Sample Types

1. Background Monitoring. Background samples shall be collected in the application area or target area within 24-hours before application.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

1. Event Monitoring. Event monitoring samples shall be collected downstream of the application area or the target area immediately after the application event but shall not exceed 24 hours after the application event.
2. Post-Event Monitoring. Post-event samples shall be collected within the application area or the target area within one week after project completion or when treatment is complete, as determined by the Discharger.

III. RECEIVING WATER MONITORING REQUIREMENTS - SURFACE WATER

The APAP shall be designed to answer the two key questions stated above. The APAP shall describe the tasks and time schedules in which these two key questions will be addressed. Monitoring shall take place at locations that are planned for pesticide applications or locations at which pesticides may be applied, as described in the Discharger's APAP.

A. Monitoring Plan Design

Development of a monitoring plan requires clearly defining several inputs to the design and then organizing these inputs in a logical framework that supports effective decision-making about indicators, monitoring locations, and monitoring frequency. The logical framework should describe:

1. The basic geographic and hydrographic features of the area, particularly application points and the pathways(s) of biological pesticides or residual chemical pesticides flows;
2. Pesticide application practices and how they are distributed in space and time;
3. Relevant knowledge about the transport, fates, and effects of pesticides, including best- and worst-case scenarios;
4. Description of the designated uses in each water body;
5. Relevant knowledge about the action of cumulative and indirect effects, and of other sources of impact;
6. Mechanisms through which pesticide applications could lead to designated use impacts, given the basic features of the area;
7. Known and potential impacts of pesticide applications on water quality, ranked in terms of relative risk, based on factors such as magnitude, frequency and duration;
8. Sufficient number of sampling areas to assess the entire Discharger's area of influence; and
9. The approach and schedule to sample monitoring locations.

B. Monitoring Log

The Discharger shall keep a log the receiving water conditions throughout the reach bounded by the treatment area when conducting receiving water sampling. Attention shall be given to the presence or absence of:

1. Floating or suspended matter;
2. Discoloration;
3. Bottom deposits;
4. Aquatic life;
5. Visible films, sheens, or coatings;
6. Fungi, slimes, or objectionable growths; and
7. Potential nuisance conditions.

The Discharger shall summarize notes on receiving water conditions in the monitoring report.

C. Determination of Pf CL145A-S Concentrations in Receiving Waters

The Discharger shall quantify Pf CL145A-S receiving water concentrations for each application event for which receiving water monitoring is required using receiving water turbidity measurements taken after treatment. A description of the quantification method is as follows:

1. Prior to treatment, collect a sample of water to be treated, measure the background turbidity prior to active ingredient application, and log the value. Apportion a minimum of three samples of known volume of water to be treated into clean plastic cups or other suitable containers (i.e., Samples A, B, and C). Apply varying volumes of product solution with a known active ingredient concentration to the untreated water samples to obtain a range of active ingredient concentrations in the water to be treated that bracket the active ingredient receiving water limitation of 6 mg Active Ingredient/Liter (AI/L).
2. Determine the appropriate volume of product solution with known active ingredient concentration to apply to each sample to obtain a diluted, known concentration using the equation C1V1=C2V2. C1 is equal to the final sample concentration, V1 is the volume contained in each sample of water to be treated, and C2 is equal to the concentration of the product solution. Solve the equation for V2 which is the volume of the product solution that should be applied to each sample to obtain an active ingredient concentration of C1 (e.g., for sample A set C1 = 1 mg AI/L, for sample B set C1 = 6 mg AI/L, and for sample C set C1 = 20 mg AI/L).
3. Mix the samples until the product solution is dispersed and the sample is homogenous. Measure and log the turbidity readings from each of the three samples with varying active ingredient concentrations bracketing 6 mg AI/L. Using the turbidity measurement of the untreated water sample for which C1= 0 mg AI/L

and the turbidity measurements of the spiked samples of water to be treated, plot the active ingredient concentration of each sample on the Y-axis versus the turbidity reading corresponding to the sample on the X-axis. Calculate the linear regression equation from the minimum of four data points (i.e., the linear regression equation is y=mx+b, where y = mg AI/L, m = slope of the line connecting the points, x is the measured turbidity, and b is the point the line intercepts the Y-axis).

1. Use this equation to calculate the active ingredient concentration from the receiving water turbidity measurements after Pf CL145A-S application in the specific receiving water, and ambient conditions at the time of application. The Discharger must conduct this procedure for quantifying the Pf CL145A-S concentration at the time of each application event that requires receiving water monitoring in order to account for receiving water conditions at the time of application. This requirement applies when receiving water monitoring is required regardless of whether an active ingredient concentration versus turbidity relationship has previously been developed for the specific receiving water.

Monitoring must include frequent and routine monitoring on a pre-determined schedule, as summarized in the Table C-1 below:

Table C- 1 Monitoring Requirements

Sample Type	Constituent/Parameter	Units	Sample Method	Minimum Sampling Frequency	Sample Type Requirement	Required Analytical Test Method
Visual	1. Monitoring area description (pond, lake, open waterway, channel, etc.) 2. Appearance of waterway (sheen, color, clarity, etc.) 3. Weather conditions (fog, rain, wind, etc.)	Not applicable	Visual Observation	1	Background, Event, and Post-Event Monitoring	Not applicable
Physical	1. Temperature 2	ºF	Grab 4 or In Situ Probe 5	6	Background, Event, and Post-Event Monitoring	7
Physical	2. pH 3	Number	Grab 4 or In Situ Probe 5	6	Background, Event, and Post-Event Monitoring	7
Physical	3. Turbidity 3	NTU	Grab 4 or In Situ Probe 5	6	Background, Event, and Post-Event Monitoring	7
Physical	4. Electrical Conductivity 3 @25°C	µmhos/cm	Grab 4 or In Situ Probe 5	6	Background, Event, and Post-Event Monitoring	7
Biological/ Chemical	1. Pf CL145A-S 2	mg AI/L9	Grab 4	6	Background, Event, and Post-Event Monitoring	7,8
Biological/ Chemical	2. Chlorine 3	µg/L	Grab 4	6	Background, Event, and Post-Event Monitoring	7,8

Sample Type	Constituent/Parameter	Units	Sample Method	Minimum Sampling Frequency	Sample Type Requirement	Required Analytical Test Method
Biological/ Chemical	3. Copper 3	µg/L	Grab 4	6	Background, Event, and Post-Event Monitoring	7,8
Biological/ Chemical	4. Hardness (if copper is monitored)	mg/L	Grab 4	6	Background, Event, and Post-Event Monitoring	7,8
Biological/ Chemical	5. Dissolved Oxygen 3	mg/L	Grab 4	6	Background, Event, and Post-Event Monitoring	7,8

• 1 All applications at 10 percent of all application areas or six application areas, whichever is greater. If applying to less than six application areas, monitor at all application areas.
• 2 Field testing.
• 3 Field or laboratory testing.
• 4 Samples shall be collected at three feet below the surface, or mid-depth if water body is less than six feet deep.
• 5 If an in situ water quality probe is used, the probe should be placed at approximately three feet below the surface or mid-depth in water bodies less than six feet deep.
• 6 If applying six or more times a year, collect six samples for each environmental setting (agricultural, urban, or wetland). If applying less than six times a year, collect a sample during each application for each environmental setting (agricultural, urban, or wetland).
• 7 Chemical pollutants shall be analyzed using the analytical methods described in 40 C.F.R. part 136.
• 8 Pf CL145A-S concentrations shall be quantified for each application event that requires receiving water monitoring as described on U.S. EPA's product label and this MRP. Turbidity monitoring is required for determining the active ingredient concentration during treatments. Pf CL145A-S concentration data shall be reported both as raw NTU values and as calculated dead Pf CL145A-S concentration determined using a linear regression analysis of known Pf CL145A-S concentrations in spiked source water to be treated versus turbidity.
• 9 Milligrams active ingredient per liter of treated water.

IV. REPORTING REQUIREMENTS

A. General Monitoring and Reporting Requirements

1. The Discharger shall inform the State Water Board and the appropriate Regional Water Board 24 hours or the earliest feasible time before the start of each application.
2. The Discharger shall comply with all Standard Provisions (Attachment B) related to monitoring, reporting, and recordkeeping.
3. Upon written request of the State Water Board or the appropriate Regional Water Board, the Discharger shall submit a summary monitoring report.
4. The Discharger shall report to the State Water Board and the appropriate Regional Water Board any toxic chemical or pesticide release data it reports to the State Emergency Response Commission within 15 days of reporting the data to the Commission pursuant to section 313 of the "Emergency Planning and Community Right to Know Act' of 1986. (42 U.S.C. § 11001 et seq.)
5. The State Water Board Deputy Director of the Division of Water Quality (Deputy Director) or his/her designee may adjust monitoring frequencies to a less frequent basis if the Discharger makes a request and provides justification that includes statistical trends of monitoring data submitted.
6. The Deputy Director or his/her designee may add further monitoring and reporting requirements to the MRP.

B. Annual Reports

1. The Discharger shall include the following information in the annual report:
2. a. An Executive Summary discussing compliance or violation of this Order and the effectiveness of the APAP to reduce or prevent the discharge of pollutants associated with pesticide applications;
3. b. A summary of monitoring data, including the identification of water quality improvements or degradation, and recommendations for improvements to the APAP (including proposed best management practices (BMPs)) and monitoring program based on the monitoring results. All receiving water monitoring data shall be compared to applicable water quality standards;
4. c. Identification of BMPs currently in use and a discussion of their effectiveness in meeting the requirements in this Order;
5. d. A discussion of BMP modifications addressing violations of this Order;
6. e. A map showing the location of each application area and the target area;
7. f. Types and amounts of pesticides used at each application event during each application;

• g. Information on surface area and/or volume of application and target areas and any other information used to calculate dosage, concentration, and quantity of each pesticide used;
• h. Sampling results shall indicate the name of the sampling agency or organization, detailed sampling location information (including latitude and longitude or township/range/section if available), detailed map or description of each sampling area (i.e., address, cross roads, etc.), collection date, name of constituent/parameter and its concentration detected, minimum levels, method detection limits for each constituent analysis, name or description of water body sampled, and a comparison with applicable water quality standards, description of analytical quality assurance/quality control plan. Sampling results shall be tabulated so that they are readily discernible;
• i. Recommendations to improve the monitoring program, BMPs, and APAP to ascertain compliance with this Order; and
• j. Pesticide Application Log.
• The Discharger shall include in the annual report any updated information regarding specific monitoring locations from its APAP.
• At any time during the term of this Order, the State Water Board or the appropriate Regional Water Board may notify the Discharger of the requirement to electronically submit Self-Monitoring Reports (SMRs) using the State Water Board's California Integrated Water Quality System (CIWQS) Program website (http://www.waterboards.ca.gov/ciwqs/index.html). Until such notification is given, each Discharger shall submit hard copy SMRs. The CIWQS website will provide additional directions for SMR submittal in the event there will be service interruption for electronic submittal.
• The Discharger shall report the results for all monitoring specified in this MRP in the SMR. The Discharger shall submit annual SMRs including the results of all required monitoring using U.S. EPA-approved test methods or other test methods specified in this Order. If a Discharger monitors any pollutant more frequently than required by this Order, the results of this monitoring shall be included in the calculations and reporting of the data submitted in the SMRs.
• The Discharger shall submit monitoring reports to the Deputy Director or his/her designee in accordance with the following schedule:

Table C- 2 Reporting Schedule

Reporting Frequency	Reporting Period	Annual Report Due
Annual	January 1 through December 31	March 1

C. Reporting Protocols

The Discharger shall report with each sample result the applicable reported Minimum Level and the current Method Detection Limit (MDL), as determined by the procedure in 40 C.F.R. part 136.

The Discharger shall report the results of analytical determinations for the presence of biological or chemical constituents in a sample using the following reporting protocols:

1. For chemical analyses, sample results greater than or equal to the reported Minimum Level shall be reported as measured by the laboratory (i.e., the measured chemical concentration in the sample).
2. For chemical analyses performed in the laboratory, sample results less than the Reporting Limit, but greater than or equal to the laboratory's MDL, shall be reported as 'Detected, but Not Quantified,' or DNQ. The estimated chemical concentration of the sample shall also be reported.

For chemical analyses performed in the laboratory, the laboratory shall write the estimated chemical concentration next to DNQ as well as the words 'Estimated Concentration' (may be shortened to 'Est. Conc.'). The laboratory may, if such information is available, include numerical estimates of the data quality for the reported result. Numerical estimates of data quality may be percent accuracy (plus a percentage of the reported value), numerical ranges (low to high), or any other means considered appropriate by the laboratory.

1. Sample results less than the laboratory's MDL shall be reported as '<' followed by the MDL.
2. The Discharger shall instruct its laboratories to establish calibration standards so that the ML value (or its equivalent if there is differential treatment of samples relative to calibration standards) is the lowest calibration standard. At no time is the Discharger to use analytical data derived from extrapolation beyond the lowest point of the calibration curve.
3. Multiple Sample Data: If two or more sample results are available, the Discharger shall compute the arithmetic mean unless the data set contains one or more reported determinations of DNQ or 'Not Detected' (ND). In those cases, the Discharger shall compute the median in place of the arithmetic mean in accordance with the following procedure:
4. a. The data set shall be ranked from low to high, ranking the reported ND determinations lowest, DNQ determinations next, followed by quantified values (if any). The order of the individual ND or DNQ determinations is unimportant.
5. b. The median value of the data set shall be determined. If the data set has an odd number of data points, then the median is the middle value. If the data set has an even number of data points, then the median is the average of the two values around the middle unless one or both of the points are ND or DNQ, in

which case the median value shall be the lower of the two data points where DNQ is lower than a value and ND is lower than DNQ.

1. The Discharger shall submit the annual report in accordance with the following requirements:
2. a. The Discharger shall arrange all reported data in a tabular format. The data shall be summarized to clearly illustrate whether the facility is operating in compliance with effluent and receiving water limitations. The Discharger is not required to duplicate the submittal of data that is entered in a tabular format within CIWQS. When electronic submittal of data is required and CIWQS does not provide for entry into a tabular format within the system, the Discharger shall electronically submit the data in a tabular format as an attachment.
3. b. The Discharger shall attach a cover letter to the annual report. The information contained in the cover letter shall clearly identify violations of the permit; discuss corrective actions taken or planned; and the proposed time schedule for corrective actions. Identified violations must include a description of the requirement that was violated and a description of the violation.
4. c. The Discharger must submit an annual report to the State Water Board, signed and certified as required by the Standard Provisions (Attachment B).
5. Turbidity is used to quantify dead Pf CL145A-S concentrations in receiving waters when receiving water monitoring is required. The Discharger shall develop a turbidity versus Pf CL145A-S concentration relationship at the time of each application event that requires receiving water monitoring regardless of whether an active ingredient concentration versus turbidity relationship has previously been developed for the specific receiving water. The Discharger shall provide turbidity data from background samples and detailed records documenting the development of each correlation between receiving water Pf CL145A-S concentration and turbidity.

ATTACHMENT D - FACT SHEET

Table of Contents

I. PERMIT INFORMATION.....................................................................................................3	I. PERMIT INFORMATION.....................................................................................................3	I. PERMIT INFORMATION.....................................................................................................3
	A. Background....................................................................................................................3
	B. General Criteria	...........................................................................................................16
II.	NOTIFICATION REQUIREMENTS....................................................................................17
	A. Order Application .........................................................................................................17
	B. Fees.............................................................................................................................18
C.	Public Notification	........................................................................................................18
III.	DISCHARGE DESCRIPTION............................................................................................18
	A. Discharge Description..................................................................................................18
	B. Pesticide Applications..................................................................................................19
	C. Annual Report Review.................................................................................................19
IV.	APPLICABLE PLANS, POLICIES, AND REGULATIONS.................................................19
	A. Legal Authorities	..........................................................................................................19
	B. California Environmental Quality	Act............................................................................19
	C. State and Federal Regulations, Policies, and Plans....................................................19
	D. Impaired Water Bodies on Clean Water Act 303(d) List	..............................................22
	E. Other Plans, Polices, and Regulations.........................................................................22
	Delegation to the Executive Director............................................................................23
V.	F. RATIONALE FOR EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS.....23
A.	Discharge Prohibitions.................................................................................................24
B.	Effluent Limitations	......................................................................................................25
C.	Best Management Practices........................................................................................26
	D. Water Quality-Based Effluent Limitations	....................................................................27
VI.	RATIONALE FOR RECEIVING WATER LIMITATIONS	....................................................28
A.	Groundwater................................................................................................................28
B.	Surface Water..............................................................................................................28
C.	Receiving Water Limitations	........................................................................................30
	D. Summary of Receiving Water Limitations.....................................................................32
	E. Toxicity.........................................................................................................................33
VII.	RATIONALE FOR MONITORING AND REPORTING REQUIREMENTS.........................33
	A. Effluent Monitoring.......................................................................................................33
B.	Toxicity Testing Requirements.....................................................................................34
C.	Receiving Water Monitoring.........................................................................................35
VIII.	RATIONALE FOR PROVISIONS.....................................................................................36
A.	Standard Provisions.....................................................................................................36
B.	Reopener Provisions	...................................................................................................37
IX.	PUBLIC PARTICIPATION................................................................................................37
A.	Notification of Interested Parties..................................................................................38
	Written Comments.......................................................................................................38
B. C.	Public Hearing and Meeting.........................................................................................38

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS	GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS	WQ2016-0041-DWQ NPDES CAG990006
D.	Information and Copying..............................................................................................38	Information and Copying..............................................................................................38
E.	Register of Interested Persons ....................................................................................38	Register of Interested Persons ....................................................................................38
F.	Additional Information ..................................................................................................39	Additional Information ..................................................................................................39
List of Tables	List of Tables	List of Tables
Table D- 1.	Summary of Receiving Water Limitations .......................................................D-32	Summary of Receiving Water Limitations .......................................................D-32

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

ATTACHMENT D - FACT SHEET

As described in the Findings in Section III of this Order, this Fact Sheet includes the legal requirements and technical rationale that serve as the basis for the requirements of this Order.

This Order has been prepared under a standardized format to accommodate a broad range of discharge requirements for Dischargers in California.

I. PERMIT INFORMATION

A. Background

1. The Regulatory Background

In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act (CWA)) was amended to provide that the discharge of pollutants to waters of the United States (U.S.) from any point source is effectively prohibited unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) Permit.

On September 22, 1989, U.S. Environmental Protection Agency (U.S. EPA) granted the State of California, through the State Water Resources Control Board (State Water Board) and the Regional Water Quality Control Boards (Regional Water Boards), the authority to issue general NPDES permits pursuant to 40 C.F.R. parts 122 and 123.

Section 122.28 of 40 C.F.R. provides for issuance of general permits to regulate a category of point sources if the sources involve the same or substantially similar types of operations; discharge the same type of waste; require the same type of effluent limitations or operating conditions; require similar monitoring; and are more appropriately regulated under a general order rather than individual permits.

On March 12, 2001, the Ninth Circuit Court of Appeals held that discharges of pollutants from the use of aquatic pesticides in waters of the U.S. require coverage under an NPDES permit. ( Headwaters, Inc. v. Talent Irrigation District). 14 The Talent decision was issued just prior to the major season for applying aquatic pesticides.

Because of the serious public health, safety, and economic implications of delaying pesticide applications, in 2001 the State Water Board adopted Water Quality Order (Order) 2001-0012-DWQ, Statewide General NPDES Permit for Discharges of Aquatic Pesticides to Waters of the U.S. on an emergency basis to provide immediate NPDES permit coverage for broad categories of aquatic pesticide use in California.

14 243 F.3d 526 (9 th Cir 2001).

Order 2001-0012-DWQ imposed requirements on any discharge of aquatic pesticides from public entities to waters of the U.S. in accordance with the State Water Board's Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP). The SIP establishes procedures for implementing water quality standards for priority pollutants in NPDES permits.

Section 5.3 of the SIP allows for short-term or seasonal exceptions from its requirements for resource or pest management conducted by public entities. In order to qualify for an exception from meeting priority pollutant standards, a public entity must fulfill the requirements listed in section 5.3 and the State Water Board must decide to grant the exception. Among other requirements, entities seeking an exception to complying with water quality standards for priority pollutants must submit documents in compliance with California Environmental Quality Act. 15 Because of the emergency adoption of Order 2001-0012-DWQ, the State Water Board invoked an exemption to the requirements of section 5.3 of the SIP and issued the permit incorporating a categorical exception to water quality standards for priority pollutants.

Order 2001-0012-DWQ required that the Discharger develop a best management practices (BMPs) plan that minimizes adverse impacts to receiving waters and a monitoring and reporting plan that is representative of each type of aquatic pesticide application.

In August 2001, Waterkeepers Northern California filed a lawsuit against the State Water Board challenging several aspects of Order 2001-0012-DWQ. Major aspects of the challenge included the emergency adoption of the Order without compliance with California Environmental Quality Act and other exception requirements of the SIP; failure to address cumulative impacts; and failure to comply with the California Toxics Rule (CTR). 16

In a settlement of the Waterkeepers Northern California's lawsuit, the State Water Board agreed to fund a comprehensive aquatic pesticide monitoring program that would assess receiving water toxicity caused by aquatic pesticide residues. Pesticide formulations may include 'active ingredients' and 'inert ingredients.'

In November 2002, the Ninth Circuit issued another opinion concerning the need for an NPDES permit for pesticide application. ( League of Wilderness Defenders v. Forsgren.) 17 In this case, the court held that the U.S. Forest Service must obtain an NPDES permit before it sprays insecticides from an aircraft directly into or over

15 Cal. Pub. Resources Code §§ 21000 et seq.

16 40 C.F.R § 131.38.

17 309 F.3d 1181 (9 th Cir. 2002).

rivers as part of silvicultural activities. The court found that the insecticides are pollutants under the CWA. The court also found the exemption for silvicultural pest control from the definition of 'point source' in U.S. EPA's regulations to be limited to pest control activities from which there is natural runoff.

Also in 2002, the Second Circuit issued an unpublished decision regarding the need for an NPDES permit for application of pesticides for mosquito control in federal wetland areas. ( Altman v. Town of Amherst .) The lower court had dismissed a citizens' suit, holding that pesticides, when used for their intended purpose, do not constitute a 'pollutant' for purposes of the CWA, and are more appropriately regulated under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The appeals court vacated the trial court's decision and remanded the matter. In its unpublished decision, the Second Circuit expressed concern that: [u]ntil the EPA articulates a clear interpretation of current law - among other things, whether properly used pesticides released into or over waters of the U.S can trigger the requirements for NPDES permits - the question of whether properly used pesticides can become pollutants that violate the [Clean Water Act] will remain open.

Order 2001-0012-DWQ expired on January 31, 2004. In May 2004, it was replaced by two general permits: a vector control permit for larvicides (Order 20040008-DWQ) and a weed control permit (Order 2004-0009-DWQ). The State Water Board determined that adoption of these two permits was consistent with the Ninth Circuit decisions.

In 2005, the Ninth Circuit held that a pesticide that is applied consistent with FIFRA is not a 'chemical waste' ( Fairhurst v. Hagener), 18 but also stated that it would not change its decision in Headwaters. The court stated that whether an NPDES permit was required depends on whether there was any 'residue or unintended effect' from application of the pesticide. In Fairhurst , the court found neither residue nor unintended effect was present. Therefore, the pesticide application at issue did not require an NPDES permit.

U.S. EPA's Final Rule: On November 20, 2006, U.S. EPA adopted a final regulation providing that NPDES permits are not required for pesticide applications as long as the discharger follows FIFRA label instructions. According to this new regulation, pesticides applied under the following two circumstances are not pollutants and, therefore, are not subject to NPDES permitting requirements:

(1) The application of pesticides directly to waters of the U.S. in order to control pests. Examples of such applications include applications to control mosquito larvae, aquatic weeds, or other pests that are present in waters of the U.S.

18 422 F.3d 1146 (9 th Cir. 2005).

(2) The application of pesticides to control pests that are present over waters of the U.S., including near such waters, where a portion of the pesticides will unavoidably be deposited to waters of the U.S. in order to target the pests effectively; for example, when insecticides are aerially applied to a forest canopy where waters of the U.S. may be present below the canopy or when pesticides are applied over or near water for control of adult mosquitoes or other pests.

Lawsuits Against U.S. EPA's Final Rule: After U.S. EPA's new regulation was adopted in 2006, lawsuits were filed by both the pesticide industry and environmental groups in 11 of the 13 Circuits, including the Ninth Circuit Court, challenging U.S. EPA's Final Rule.

The National Cotton Council of America v. U.S. EPA: 19 The petitions for review were consolidated in the Sixth Circuit Court by an order of the Judicial Panel on Multidistrict Litigation.

On January 7, 2009, the Sixth Circuit Court determined that U.S. EPA's Final Rule is not a reasonable interpretation of the CWA and vacated the Final Rule.

U.S. EPA did not request reconsideration of the decision, but did file a motion for a two-year stay of the effect of the decision in order to provide agencies time to develop, propose, and issue NPDES general permits for pesticide applications covered by the ruling. On June 8, 2009, the Sixth Circuit granted the motion, such that the U.S. EPA exemption remained in place until April 9, 2011.

2. Aquatic Animal Invasive Species Control Permit

In July 2010, State Water Board staff conducted a search for pesticide products used for aquatic animal invasive species control. Staff browsed government agency websites to find pesticide products that are used in California and contacted representatives more information. Findings from the agencies and organizations are summarized below.

• a. The Animal Nuisance Species Task Force (ANSTF) is an intergovernmental organization established by the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA, P.L.101-636) and chartered by the Federal Advisory Committee Act. The ANSTF is charged with developing and implementing a program to prevent the introduction and dispersal of animal invasive species in U.S. waters, to monitor, control and research such species, and to disseminate information regarding animal invasive species. The Task Force is co-chaired by U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration, consists of 13 federal agency representatives, including U.S. Army Corps of Engineers, U.S. EPA, U.S. Forest Service, U.S. National Park Service, U.S. Coast Guard, U.S. Geological

19 553 F.3d 927 (6 th Cir. 2009).

Survey, and 12 ex-officio members, including the San Francisco Estuary Project. Several regional panels, including Western and Great Lakes, with separate membership also advise ANSTF. The private sector and other North American interests via regional panels and issue specific committees coordinate with the Task Force in governmental efforts dealing with animal invasive species in the United States. Working groups in the ANSTF have written animal invasive species management/control plans. Management techniques were found in the ANSTF website for control of zebra and quagga mussels, New Zealand mudsnails, and Chinese mitten crabs, but pesticide products were not. Lampricides, like 3-trifluoromethyl-4-nitrophenol, were suggested as the primary method for control of sea lampreys. The pesticide carbaryl was suggested as a likely effective chemical control of the European green crab.

• b. The California Department of Fish and Wildlife Invasive Species Program is involved in efforts to prevent the introduction of invasive species into the state, detect and respond to introductions when they occur, and prevent the spread of invasive species that have become established. Training, information, outreach, and educational resources are provided for boaters and the general public. Treatment methods to reduce the risk of zebra and quagga mussels transport were also provided. The California Department of Fish and Wildlife was aware of pesticide products still in development for control of zebra and quagga mussels.
• c. The California Department of Pesticide Regulation (DPR) is responsible for regulating pesticides in California. State Water Board staff searched the public database on the DPR website to look for pesticide products registered in California that are used for aquatic animal invasive species control. Staff searched for products by water body type such as lakes, ponds, or impounded water. Staff also searched for products by the type of aquatic animal invasive species to be controlled. State Water Board staff found that only products for zebra mussels and invasive fish species control are listed in the DPR database. Staff also found that sodium hypochlorite is the only active ingredient in all the pesticide products used to control zebra mussels.
• d. The California Department of Water Resources has been actively monitoring the State Water Project for invasive zebra and quagga mussels. Zebra mussels are not present in the State Water Project; therefore, the California Department of Water Resources does not use pesticides to control this aquatic animal invasive species.
• e. The Metropolitan Water District's Colorado River Aqueduct is one of the first sites that zebra and quagga mussels invaded in California. Sodium hypochlorite is used to kill quagga mussel larvae in the aqueduct. Since they require copious amounts of chlorine to be killed, adult quagga mussels are controlled instead by mechanical methods such as scrapping and water jetting.

• f. The U.S. Fish and Wildlife Services Regional Aquatic Invasive Species Program's mission is to protect and restore healthy ecosystems in the states of California and Nevada by being accountable for providing decision support and guidance to partners, including state and federal agencies, municipal and local governments, private industries, conservation and sportsman's organizations, and the general public. They are not aware of any pesticide products used to control aquatic animal invasive species in California water bodies.

Based on State Water Board staff's review of DPR's database, only pesticide products that are based on copper, Pseudomonas fluorescens strain CL145A cells and spent fermentation media (Pf CL145A-S), rotenone, and sodium hypochlorite are registered to control aquatic animal invasive species. However, this Order does not cover eradication programs that use rotenone because such use requires detailed site-specific information and additional requirements for compliance with Regional Water Board Basin Plans that cannot be included in this Order.

3. Addition of Pseudomonas Fluorescens Strain CL145A Cells and Spent Fermentation Media

Biological pesticides are pesticides derived from natural materials such as animals, plants, bacteria, and certain minerals. 20 Biological pesticides include three classes: microbial, biochemical, and plant incorporated protectants. Microbial biopesticides consist of a microorganism (e.g., a bacterium, fungus, virus, or protozoan) as the active ingredient. Biological pesticides usually do not have toxic effects on non-target animals and people. Biological pesticides also do not leave toxic or persistent chemical residues in the environment. 21 U.S. EPA has registered Pf CL145A-S as a microbial biological pesticide active ingredient. 22

On November 6, 2013, DPR approved the biological pesticide dead Pf CL145A-S for zebra and quagga mussel control with conditions that must be met by the product registrant by October 31, 2014 or else the registration becomes invalid. This Order prohibits the discharge of biological pesticides and residual chemical pesticides from pesticides products that are based on active ingredients which do not have current registration with DPR.

Currently, there is no applicable water quality objective or water quality criterion from the State Water Board and Regional Water Boards, other state agencies, or U.S. EPA for dead Pf CL145A-S. To protect all designated beneficial uses of the receiving water from dead Pf CL145A-S, this Order uses approximately one-tenth

20 http://www2.epa.gov/pesticide-registration/biopesticide-registration#what

21 http://www.epa.gov/pesticides/glossary/index.html#e

22 http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OPP-2011-0568

of the lowest 50 percent lethal concentration (LC50) on record from non-target species toxicity testing to set the receiving water limitation. Using one-tenth of the lowest LC50 as the receiving water limitation is consistent with the Central Valley Regional Water Board's Basin Plan approach when developing limitations for aquatic pesticides that do not have water quality criteria or water quality objectives. The other Regional Water Boards in the state do not have a standard procedure for developing limitations for aquatic pesticides that do not have water quality criteria or water quality objectives. Thus, this Order uses the Central Valley Water Board's Basin Plan approach.

The most sensitive (lowest) LC50 for dead Pf CL145A-S is 59.09 milligrams per liter (mg AI/L) for the organism Oncorhynchus mykiss [rainbow trout]. 23 Additional and more thorough toxicity studies conducted using this same organism indicate significantly higher LC50 values. Thus, this Order sets the receiving water limitation of 6 mg AI/L as a daily maximum (as measured using a direct turbidity correlation, per product label instructions). This Order authorizes pesticide discharges to inland surface waters, enclosed bays, estuaries, and the Pacific Ocean. There are no known instances of existing or potential application sites in California where pesticides containing dead Pf CL145A-S will be discharged to marine waters.

4. Deletion of Attachment E- List of Products

This Order includes three DPR registered active ingredients (i.e., copper, dead Pf CL145A-S, and sodium hypochlorite) used in aquatic invasive species control in California. Since this Order allows the use of all aquatic invasive species control products that are formulated from these active ingredients, Attachment E is no longer needed. Therefore, Attachment E has been deleted.

5. Related Aquatic Pesticide Regulation Information

Pesticide formulations may include 'active ingredients' and 'inert ingredients.' Adjuvants or surfactants may be added to the ingredients in the application equipment that is used in the delivery of the pesticide.

As part of the registration process of pesticides for use in California, U.S. EPA and DPR evaluate data submitted by registrants to ensure that a product used according to label instructions will cause no harm or adverse impact on non-target organisms that cannot be reduced or mitigated with protective measures or use restrictions. Registrants are required to submit data on the effects of pesticides on target pests (efficacy) as well as non-target effects. Data on non-target effects

23 Hartwell, T. A. [2011]. Rainbow trout (Oncorhynchus mykiss) 96-hour toxicity test. Stillmeadow, Inc. 12852 Park One Drive, Sugar Land, Texas. Study No. 14732-10, August 8th 2011. Unpublished. MRID No. 48575906.

include plant effects (phytotoxicity), fish and wildlife hazards (ecotoxicity), impacts on endangered species, effects on the environment, environmental fate, breakdown products, leachability, and persistence. Requirements that are specific to use in California are included in many pesticide labels that are approved by U.S. EPA. Use must be reported to the county agricultural commissioner where required by law or by agreement with DPR.

CWA, at section 301(a), broadly prohibits the discharge of any pollutant to waters of the U.S., except in compliance with an NPDES permit. Pesticides discharged into surface waters may constitute pollutants within the meaning of the CWA even if the discharge is in compliance with the registration requirements of FIFRA, thus, requiring coverage under a valid NPDES permit.

DPR and the county agricultural commissioners regulate the sale and use of pesticides in California. Pesticide applications subject to this Order must be consistent with permits issued by county agricultural commissioners and the pesticide label instructions approved by U.S. EPA under FIFRA. According to federal law, pesticide label language is under the sole jurisdiction of U.S. EPA. Label language and any changes thereto must be approved by U.S. EPA before the product can be sold in this country. DPR cannot require manufacturers to make changes on labels; however, DPR can refuse to register products unless manufacturers address unmitigated hazards by amending the pesticide label.

State regulations require that the county agricultural commissioners determine if a substantial adverse environmental impact will result from the proposed use of a restricted material. If the county agricultural commissioner determines that this is likely, the commissioner may deny the Use Permit or may issue it under the condition that site-specific use practices be followed (beyond the label and applicable regulations) to mitigate potentially adverse effects. DPR conducts scientific evaluations of potential health and environmental impacts and provides commissioners with information in the form of suggested permit conditions. DPR's suggested permit conditions reflect minimum measures necessary to protect people and the environment. county agricultural commissioners use this information and its evaluation of local conditions to set site-specific limits in permits.

6. Aquatic Animal Invasive Species Background Information

Aquatic animal invasive species negatively affect aquatic biodiversity, human health, and economic stability. Aquatic animal invasive species decrease populations of native aquatic species including threatened and endangered species. Aquatic animal invasive animals can reduce aquatic biodiversity by preventing desirable species growth and unbalancing desirable aquatic species populations and development. Social, economic, and human health are all affected by a lower aesthetic appeal of water bodies, an increased cost of agricultural irrigation water, and an increase in the risk of human diseases. In addition, the reduction in the utility of water can have social and economic impacts

due to reduced hydroelectric operations, impeded opportunity for recreational activities (e.g., fishing, boating, and swimming), and disruption of water transport (e.g., agricultural irrigation), to name a few. As a result, if or when aquatic animal invasive species become established and impede the environmental stability and use goals for a body of water, control measures will become necessary.

• a. Mollusks

Invasive mollusks may cause damage to freshwater ecosystems, degrade drinking water, clog water-intake/discharge pipes for utilities and industries, and negatively impact commercial and recreational activities. Examples found in California include but are not limited to Zebra mussels, Asian clams, and New Zealand mudsnails.

Zebra mussels are the most prominent and widely studied aquatic animal invasive species. Due to their preference of attaching onto hard surfaces, zebra mussels are major contributors to damage of utilities. Zebra mussels clog pipes by attaching themselves to the surface and creating a high density population as they reproduce quickly and can survive a wide range of environmental conditions. Prevention of spreading, most notably by trailored boat traffic, is the best way to control invasion of this species.

Use of copper, Pseudomonas fluorescens strain CL145A cells and spent fermentation media (Pf CL145A-S), sodium hypochlorite are three methods of control for these aquatic invasive animals; however, it is important to consider the impacts of mechanical, biological, and/or chemical pesticide use for control of mussels and other aquatic nuisance mollusk species. For zebra mussels, mechanical methods of control include scrapping and water/power jetting. Application of pesticide paint coatings on boats may be used to prevent mussels from attaching onto the boat surface and getting transported. An innovative approach for controlling Asian clams carried out in Lake Tahoe is to deplete oxygen needed for survival by placing rubber sheets over them.

b. Lampreys

There are approximately 40 species of lamprey, which are aquatic vertebrates. The sea lamprey is an example of a problematic non-native parasitic species that feeds on native fish species in U.S. waters.

Effective management techniques such as mechanical and biological methods can be considered for lamprey control. To decrease a population in a water body, female lampreys can be caught and removed, thus, inhibiting reproduction. Currently, a contraceptive is being developed for female lampreys by the University of California, San Diego School of Medicine.

• c. Other Aquatic Animal Invasive Species

There may be aquatic animal invasive species of concern in addition to mollusks and lampreys. In California, Chinese mitten crabs and European

green crabs are invasive species that fall into this category. Chinese mitten crabs are found in the San Francisco Bay and Sacramento/San Joaquin Delta, where they are an economic burden and pose threats for public health. According to the California Department of Fish and Wildlife, the European green crab likely arrived in seaweed packed with bait worms shipped from the Atlantic to the Pacific Coast. First detected in the San Francisco Bay in the late 1980s, the European green crab has spread along 300 miles of coastal California (Lafferty and Kurtis, 1996). Bodega Bay is one of the locations where green crabs were sighted.

Control of other aquatic animal invasive species may include mechanical, physical, and biological, or chemical pesticide options. Extensive trapping is the most attractive mechanism to control crabs.

References:

[Birth control for sea lamprey](http://www.universityofcalifornia.edu/news/article/21406). Debra Kain. 25 June 2005. University of California. 06 August 2010. (http://www.universityofcalifornia.edu/news/article/21406) Lafferty, KD and AM Kuris. 1996. 'Biological Control of Marine Pests.' Ecology 77 (7): 1989-2000 [Life History and Background Information on the Chinese Mitten Crab](http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp). 05 August 1998. Department of Fish and Game. 06 August 2010. (http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp) Grosholz, Edwin and Gregory Ruiz. [Management Plan for the European Green](http://www.anstaskforce.gov/Species plans/GreenCrabManagementPlan.pdf) [Crab](http://www.anstaskforce.gov/Species plans/GreenCrabManagementPlan.pdf). 13 November 2002. Aquatic Nuisance Species Task Force. 06 August 2010. (http://www.anstaskforce.gov/Species%20plans/GreenCrabManagementPlan.pdf) [Petromyzon marinus (fish). Shyama Pagad](http://www.issg.org/database/species/ecology.asp?si=50&fr=1&sts=sss&lang=EN). 24 January 2005. Invasive Species Specialist Group. 06 August 2010 (http://www.issg.org/database/species/ecology.asp?si=50&fr=1&sts=sss&lang=EN ) Scientists roll out 'not-welcome' mats to kill Tahoe clams. 09 July 2010. Sylvia Wright. UC Davis News Service. 06 August 2010. (http://news.ucdavis.edu/search/news_detail.lasso?id=9549) [Dreissena polymorpha (mollusc)](http://www.issg.org/database/species/ecology.asp?si=50&fr=1&sts=sss&lang=EN). Shyama Pagad. 22 September 2009. Invasive Species Specialist Group. 06 August 2010 (http://www.issg.org/database/species/ecology.asp?si=50&fr=1&sts=sss&lang=EN ) [Zebra Mussels and Quagga Mussels](http://www.anstaskforce.gov/spoc/zebra_mussels.php). David Britton. ANS Task Force. 06 August 2010. (http://www.anstaskforce.gov/spoc/zebra_mussels.php) California Aquatic Invasive Species Management Plan. State of California Resources Agency Department of Fish and Game. January 2008.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

1. Life Cycles

Control of aquatic animal invasive species may be more effective if treatment strategies target certain stages in their life cycle.

• a. Chinese Mitten Crab

Figure 1 shows the life cycle of Chinese mitten crabs. Mating and fertilization occur in late fall and winter, generally at salinities greater than 20 percent. Female crabs carry 100,000-1,000,000 eggs until hatching, which occurs from winter through summer. Larvae are planktonic for one to two months in marine waters. Juvenile crabs are found in tidal brackish and freshwater areas. Crabs mature in about one to four years, depending on water temperature. Adult crabs migrate to brackish and salt water to mate.

Figure 1 . Chinese mitten crab life cycle. Courtesy of California Department of Fish and Wildlife.

Control strategies for Chinese mitten crabs, such as placing traps along their route of from salt water to brackish or freshwaters, can take advantage of their migratory behavior. In Germany, traps were placed on the upstream side of dams to capture juvenile crabs as they migrated downstream.

• b. Zebra Mussel

Figure 2 shows the life cycle of a zebra mussel. Sperm fertilizes mature eggs in the water column where temperature is a major trigger in initiating gamete release. After fertilization, larvae develop to the trochophore stage, which is rapid and rarely seen outside of laboratory cultures, of 80-100 microns.

The veliger or planktonic stages, which peak in midsummer in North America, are during the straight hinged, umbonal, and pediveliger stages as seen in Figure 2. The zebra mussel forms a D-shaped shell within two to nine days after fertilization. The umbonal stage, completely planktonic, occurs seven to nine days after fertilization. The pediveliger stage, final larval form, can swim or crawl on its foot and attach onto a substrate. Primary settlement occurs between 18 to 90 days after fertilization. After attachment, the plantigrade transforms into a juvenile zebra mussel.

Zebra mussels are considered adults when they become sexually mature, which occurs within their initial 12 months of life. Adults have been known to produce over one million eggs or ten billion sperms annually. Mussels settling in late spring or early summer typically grow quicker during the warm summer months. The typical life span ranges from two to three years.

Figure 2. Zebra mussel life cycle. Courtesy of USACE.

Control strategies that target the larval stages, especially during summer months, may limit or prevent spread to other water bodies. Compared with adult mussels, smaller amounts of biological or chemical pesticides are needed to control larvae.

References:

Chinese Mitten Crab - Eriocheir sinensis. United States Army Corp of Engineers. 06 August 2010. (http://el.erdc.usace.army.mil/ansrp/eriocheir_sinensis.pdf)

Life Cycle. United States Army Corp of Engineers. 06 August 2010. (http://el.erdc.usace.army.mil/zebra/zmis/zmishelp4/life_cycle.htm)

Life History and Background Information on the Chinese Mitten Crab. 05 August 1998. Department of Fish and Game. 06 August 2010. (http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp)

8. Public Health Impacts

Zebra mussels' consumption behavior and shell characteristics pose risks to public health. Known as filter feeders, zebra mussels accumulate harmful pollutants that may not be healthy for human consumption. In addition, zebra mussels do not taste good and are not typically consumed. The shell characteristics of zebra mussels are dangerous to humans and small animals because they are small in size and have sharp edges that can cut beach goers.

According to the California Department of Fish and Wildlife, Chinese mitten crabs are the secondary intermediate hosts for the Oriental lung fluke or paragonimus. The Oriental lung fluke is parasite which can cause a sub-acute to chronic inflammatory disease of the lung. Humans and other mammals may become infested with the Oriental lung fluke if these crabs are consumed raw or poorly cooked. Fortunately, Oriental lung fluke hosts have not yet been sighted in the Pacific Northwest or California. However, Chinese mitten crabs often inhabit areas with high levels of contaminants, which can bioaccumulate within the Chinese mitten crabs and transferred to humans and other predators.

References:

Benson, Amy. Frequently Asked Questions about the Zebra Mussel. 02 December 2009. United States Geological Survey. 06 August 2010. (http://fl.biology.usgs.gov/Nonindigenous_Species/Zebra_mussel_FAQs/zebra_mu ssel_faqs.html)

Life History and Background Information on the Chinese Mitten Crab. 05 August 1998. Department of Fish and Game. 06 August 2010. (http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp)

Patterson, Jennifer, S. Rosebaum, and A. C Roboli. 'Paragonimiasis' 10 April 2009. eMedicine. 26 August 2010. (http://emedicine.medscape.com/article/999188-overview)

9. Ecosystem Impacts

Aquatic animal invasive species have a significant impact on the health of the ecosystems they invade. Their aggressive nature decreases populations of native species including threatened and endangered species, by competing for food and consuming the native species. For example, European green crabs feed on many organisms including oysters, mussels, marine worms, and small crustaceans. As filter feeders, zebra mussels and Asian clams are in competition with native species for suspended sediment and phytoplankton food sources. As a result,

aquatic animal invasive species can reduce aquatic biodiversity by preventing desirable species growth, populations, and development.

References:

Life History and Background Information on the Chinese Mitten Crab. 05 August 1998. Department of Fish and Game. 06 August 2010. (http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp)

Western Regional Panel of Aquatic Nuisance Species. Quagga-Zebra Mussel Action Plan for Western U.S. Waters. Aquatic Nuisance Species Task Force. 06 August 2010. (http://www.anstaskforce.gov/QZAP/QZAP_FINAL_Feb2010.pdf)

10. Economic Impacts

Control of aquatic animal invasive species has large economic impacts. According to ANSTF, biofoulers, such as zebra mussels, occlude in municipal and industrial water system pipes, which require millions of dollars to treat annually. U.S. Congressional researchers have estimated that zebra mussel infestations in the Great Lakes area have cost the power industry $3.1 billion between 1993 and 1999, with an economic impact of more than $5 billion to industries, businesses, and communities. Halts in operations during treatment periods can disrupt water transport and decrease water utility, such as agricultural irrigation. However, few studies were conducted to project increased water delivery costs resulting from mussel invasions.

Aquatic animal invasive species disrupt business operations and recreation activities which may affect local economies. According to the California Department of Fish and Wildlife, invasive crabs have been known to get caught in commercial shrimp trawlers and fishing nets in the San Francisco Bay. Removing the crabs from the nets requires time, and damages to nets cost money for replacement. Aquatic animal invasive species that affect fishing, boating, and swimming activities may cause closure of lakes and rivers, which reduces revenue. Degraded habitats reduce sport fishing opportunities and tourism, a dependent flux of income for some communities.

References:

Western Regional Panel of Aquatic Nuisance Species. Quagga-Zebra Mussel Action Plan for Western U.S. Waters. Aquatic Nuisance Species Task Force. 06 August 2010. http://www.anstaskforce.gov/QZAP/QZAP_FINAL_Feb2010.pdf

Life History and Background Information on the Chinese Mitten Crab. 05 August 1998. Department of Fish and Game. 06 August 2010. http://www.dfg.ca.gov/delta/mittencrab/life_hist.asp

B. General Criteria

1. This Order serves as a general NPDES Permit for the discharge of biological pesticides or residual chemical pesticides to surface waters as a result of direct applications for aquatic animal invasive species control.

1. Dischargers who submit a complete application under this Order are not required to submit an individual permit application. The State Water Board may request additional information and determine that a Discharger is not eligible for coverage under this Order and would be better regulated under an individual or other general NPDES permits issued by the appropriate Regional Water Board. If the discharge becomes covered by an individual or another general NPDES permit, the applicability of this Order to the specified discharge is immediately terminated on the effective date of the individual NPDES permit or coverage under the other general NPDES permit.

II. NOTIFICATION REQUIREMENTS

A. Order Application

To obtain authorization under this Order, the Discharger must submit a complete application to the State Water Board as described below:

1. A Notice of Intent (Attachment G) signed in accordance with the signatory requirements of the Standard Provisions in Attachment B;
2. An application fee; and
3. An Aquatic Pesticide Application Plan (APAP).

State and Regional Water Board staff will review the application package for completeness and applicability under this Order. Additionally, the State Water Board's Deputy Director of the Division of Water Quality (Deputy Director) or his/her designee may issue a Notice of Exclusion (NOE), 24 which terminates permit coverage or requires submittal of an application for an individual permit or alternative general permit.

Coverage under this Order will be effective when all of the following have occurred:

1. The Discharger has submitted a complete permit application;
2. The APAP has been posted on the State Water Board's website for a 30-day comment period 25 and approved by the Deputy Director or his/her designee; and
3. The Deputy Director has issued a Notice of Applicability (NOA). The NOA will specify the pesticide active ingredients of pesticides that may be used and any

24 An Notice of Exclusion is a one-page notice that indicates and justifies why the Discharger or proposed Discharger is not eligible for coverage under this Order. This justification can include, but is not limited to, the necessity to comply with a total maximum daily load or to protect sensitive water bodies. The Notice of Exclusion can also indicate that the coverage is denied if feasible alternatives to the selected pesticide application project are not analyzed.

25 See Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486 (2 nd Cir. 2005).

Regional Water Board specific conditions and requirements not stated in this Order. Any such Region-specific conditions and requirements shall be enforceable. The Discharger is authorized to discharge starting on the date of the NOA.

B. Fees

A fee payable to the State Water Board for enrollment under this Order shall be based on Category 3 in section 2200(b)(9) of title 23, California Code of Regulations, which is available at http://www.waterboards.ca.gov/resources/fees/water_quality/ and is payable to the State Water Board. This category is appropriate because pesticide applications incorporate BMPs to control potential impacts to beneficial uses, and this Order prohibits pollutant discharge associated with pesticide applications from causing exceedance of CTR criteria or water quality objectives

C. Public Notification

The State Water Board has notified interested agencies and persons of its intent to prescribe waste discharge requirements (WDRs) in this Order and provided them with an opportunity to submit their written comments and recommendations.

III. DISCHARGE DESCRIPTION

A. Discharge Description

1. The use of aquatic pesticides by control agencies is necessary to manage resources and maintain beneficial uses, such as to ensure the proper operation of municipal and agricultural irrigation water distribution systems, maintain capacity in flood control channels, maintain boating access, and control invasive species. Aquatic animal invasive species control projects are undertakings necessary to control a specific type of aquatic animal invasive species to an acceptable level in the treatment area. The need for aquatic pesticide applications as part of a project can vary from week to week and from season to season due to such things as temperature, flow of the receiving water, and the type of aquatic animal invasive species being controlled. It is a balancing act between managing resources and impairing resources. This Order and other governmental regulatory programs described previously provide different pieces to ensure this balancing act is successful.
2. Aquatic animal invasive species control agencies in California follow an integrated pest management approach that strives to minimize the use of pesticides and their impact on the environment while managing water resources. These agencies generally determine what is appropriate in their areas of responsibility, and many follow response plans that use surveillance tools to determine the extent of the problem and guide treatment decisions, with an emphasis on source reduction and control of aquatic animal invasive species.
3. The presence of biological pesticides and residual chemical pesticides in surface waters from direct application of pesticides for aquatic animal invasive species

control at various areas throughout the State of California may pose a threat to existing and potential beneficial uses of waters of the U.S. if not properly controlled and regulated. This Order covers the discharge to waters of the U.S. of biological pesticides containing the active ingredient Pf CL145A-S and residual chemical pesticides containing copper and sodium hypochlorite related to the direct application of pesticides containing these active ingredients.

1. The discharge is necessary only when no feasible alternative to the discharge (alternative treatment methods, alternative application techniques, etc.) is available and the discharge is limited to that increment of waste that remains after implementation of all reasonable alternatives for avoidance is employed.

B. Pesticide Applications

Aquatic animal invasive species control pesticides are applied directly to water. Applications are performed in a single, semi-continuous, or continuous treatment dosage.

C. Annual Report Review

Metropolitan Water District is the only Discharger enrolled in the previous order and obtained coverage in 2014. Staff's review of the 2014 Annual Report found there were no applications made for control of aquatic animal invasive species.

IV. APPLICABLE PLANS, POLICIES, AND REGULATIONS

The requirements contained in this Order are based on the applicable plans, policies, and regulations identified in the Findings in Section III of this Order. This section provides supplemental information, where appropriate, for the plans, policies, and regulations relevant to the discharge.

A. Legal Authorities

This Order is issued pursuant to section 402 of CWA and implementing regulations adopted by U.S. EPA and chapter 5.5, division 7 of the California Water Code; commencing with §13370). It shall serve as an NPDES permit for point source discharges of biological pesticides and residual chemical pesticides to surface waters. This Order also serves as WDRs pursuant to article 4, chapter 4, division 7 of the California Water Code (commencing with §13260).

B. California Environmental Quality Act

Pursuant to California Water Code section 13389, State and Regional Water Boards are exempt from the requirement to comply with chapter 3, division 13 of the Public Resources Code when adopting NPDES permits.

C. State and Federal Regulations, Policies, and Plans

1. Water Quality Control Plans

The Regional Water Boards have adopted water quality control plans (hereinafter Basin Plans) that designate beneficial uses, establish water quality objectives, and

contain implementation programs and policies to achieve those objectives for all waters subject to the plans. In addition, the Basin Plans implement State Water Board Resolution 88-63, which established state policy that all waters, with certain exceptions, should be considered suitable or potentially suitable for municipal or domestic supply. The Basin Plans identify typical beneficial uses as follows: municipal and domestic supply, agricultural irrigation, stock watering, process supply, service supply, hydropower supply, water contact recreation, canoeing and rafting recreation, other non-contact water recreation, warm freshwater aquatic habitat, cold freshwater habitat, warm fish migration habitat, cold fish migration habitat, * warm and cold spawning habitat,* wildlife habitat, navigation, rare, threatened, or endangered species habitat, groundwater recharge, and freshwater replenishment.

Requirements of this Order implement provisions contained in the applicable Basin Plans.

2. National Toxics Rule and California Toxics Rule

U.S. EPA adopted the National Toxics Rule (NTR) on December 22, 1992, and later amended it on May 4, 1995 and November 9, 1999. About 40 criteria in the NTR applied in California. On May 18, 2000, U.S. EPA adopted the CTR. The CTR promulgated new toxics criteria for California and, in addition, incorporated the previously adopted NTR criteria that were applicable in the state. The CTR was amended on February 13, 2001. These rules contain water quality criteria for priority pollutants.

3. State Implementation Policy

On March 2, 2000, the State Water Board adopted the Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (SIP). The SIP became effective on April 28, 2000 with respect to the priority pollutant criteria promulgated for California by U.S. EPA through the NTR and to the priority pollutant objectives established by the Regional Water Boards in the Basin Plans. The SIP became effective on May 18, 2000 with respect to the priority pollutant criteria promulgated by U.S. EPA through the CTR. The State Water Board adopted amendments to the SIP on February 24, 2005 that became effective on July 13, 2005. The SIP establishes implementation provisions for priority pollutant criteria and objectives and provisions for chronic toxicity control. Requirements of this Order implement the SIP.

4. Antidegradation Policy

Section 131.12 of title 40 Code of Federal Regulations (40 C.F.R.) requires that the state water quality standards include an antidegradation policy consistent with the federal policy. The State Water Board established California's antidegradation policy in State Water Board Resolution 68-16. Resolution 68-16 incorporates the federal antidegradation policy where the federal policy applies under federal law. Resolution 68-16 requires that existing water quality be maintained unless

degradation is justified based on specific findings. The Basin Plans implement, and incorporate by reference, both the state and federal antidegradation policies.

This Order requires that discharges must be consistent with the provisions of 40 C.F.R. section 131.12 and Resolution 68-16. The conditions of this Order require biological pesticides and residual chemical pesticide discharges to meet applicable water quality objectives. Specifically, this Order sets numeric receiving water limitations for chlorine, copper, and Pf CL145A-S to protect all the beneficial uses of receiving waters. If Pf CL145A-S or residues from sodium hypochlorite applications cause toxicity or add to an existing toxicity, the Discharger is required to perform an iterative process of evaluating its application methods, BMPs, or alternatives to the pesticide causing toxicity until the applications no longer cause or add toxicity. The BMPs and other controls required pursuant to this Order constitute Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology.

The Order requirements are protective of the broad range of beneficial uses set forth in basin plans throughout the state, constituting best control available consistent with the purposes of the pesticide application in order to ensure that pollution or nuisance will not occur. The conditions also ensure maintenance of the highest water quality consistent with maximum benefit to the people of the state. The nature of pesticides is to be toxic in order to protect beneficial uses such as human health or long-term viability of native aquatic life. Lake Davis and Silver King Creek are examples of water bodies where the California Department of Fish and Wildlife has used chemical pesticides to eradicate the Northern Pike and non-native trout, respectively. Waters of exceptional quality may be degraded due to the application of pesticides; however, it would only be temporary and in the best interest of the people of the state. While applications of pesticides may temporarily degrade surface waters, it will not result in exceedance of water quality standards and objectives upon project completion.

Another example of the benefits of pesticide application and any temporary degradation of water quality occurring as a result is the Asian clam infestation in Lake Tahoe which may require the use of pesticides to eradicate the pest. The Asian clam is undesirable because it: (1) displaces native clams, snails, and other organisms living on the lake bottom, which are important members of the lake's native food web; (2) fosters the growth of bright green algae, which change the look of the water, and smell when they decompose; and (3) could help foster an invasion of quagga mussels, another aggressive non-native species, by creating desirable habitat for them. Eradication of these species is important to protect beneficial uses, including habitat for native species, and water conveyance. Discharges in compliance with this permit will maintain existing levels of water quality over the long term.

Given the nature of a general permit and the broad range of beneficial uses to be protected across the state, data analysis of specific water bodies is infeasible. While surface waters may be temporarily degraded, water quality standards and

objectives will not be exceeded. The nature of pesticides is to be toxic in order to protect human health. However, compliance with receiving water limitations and other requirements of this Order is required. Therefore, this Order is consistent with state and federal antidegradation policies.

5. Endangered Species Act

This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code § 2050 et seq.) or the Federal Endangered Species Act (16 U.S.C. §1531 et seq.). This Order requires compliance with effluent limitations, receiving water limitations, and other requirements to protect the beneficial uses of waters of the state. The Discharger is responsible for meeting all requirements of the applicable Endangered Species Act.

D. Impaired Water Bodies on Clean Water Act 303(d) List

Under section 303(d) of the 1972 CWA, states, territories, and authorized tribes are required to develop lists of water quality limited segments. The waters on these lists do not meet water quality standards, even after point sources of pollution have installed the minimum required levels of pollution control technology. On June 26, 2015, U.S. EPA approved California's 2012 Water Quality Integrated Report and supporting documentation pursuant to CWA sections 303(d) and 305(b). The Basin Plans reference this list of Water Quality Limited Segments (WQLSs), which are defined as '… those sections of lakes, streams, rivers or other fresh water bodies where water quality does not meet (or is not expected to meet) water quality standards even after the application of appropriate limitations for point sources (40 C.F.R. §130.2(j)).' The Basin Plans also state, ' Additional treatment beyond minimum federal standards will be imposed on dischargers to [WQLSs]. Dischargers will be assigned or allocated a maximum allowable load of critical pollutants so that water quality objectives can be met in the segment .' Impaired waters do not support beneficial uses.

This Order does not authorize the discharge of biological pesticides and residual chemical pesticides or their degradation by-products to waters of the U.S. that are impaired by the pesticides used for aquatic animal invasive species control. Impaired waters are those waters not meeting quality standards pursuant to Section 303(d) of the CWA. California impaired waters, as approved by the State Water Board, are listed on http://gispublic.waterboards.ca.gov/webmap/303d_2012/files/2012_USEPA_approv_3 03d_List_Final_20150807.xlsx.

E. Other Plans, Polices, and Regulations

The State Water Board adopted the Water Quality Control Policy for the Enclosed Bays and Estuaries of California . The requirements within this Order are consistent with the SIP.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

F. Delegation to the Executive Director

This Order covers the application of pesticides which are based on active ingredients that are currently registered by DPR for the control of aquatic animal invasive species. When DPR registers a new active ingredient for the control of aquatic animal invasive species, this Order must be reopened to add the new active ingredient and its receiving water limitations to the Order before the Discharger may begin using the active ingredient. In addition, when DPR registers a new active ingredient that is also a priority pollutant and the State Water Board has added the new active ingredient to this Order, this Order may also be reopened to allow the Discharger to obtain an exception from complying with receiving water limitations for the priority pollutant in accordance with SIP section 5.3. Furthermore, this Order may be reopened to allow dischargers to obtain an exception from complying with receiving water limitations for pollutants discharged into the Pacific Ocean in accordance with the California Ocean Plan. Amending this Order on a case-by-case basis is resource intensive for the State Water Board. Thus, this Order includes a delegation from the State Water Board to the Executive Director or his/her designee to amend this Order to add: (1) new active ingredients that have been registered by DPR along with their receiving water limitations; and (2) Dischargers to the SIP and California Ocean Plan exception list.

V. RATIONALE FOR EFFLUENT LIMITATIONS AND DISCHARGE SPECIFICATIONS

Effluent limitations and toxic and pretreatment effluent standards established pursuant to sections 301 (Effluent Limitations), 302 (Water Quality Related Effluent Limitations), 304 (Information and Guidelines), and 307 (Toxic and Pretreatment Effluent Standards) of the CWA and amendments thereto are applicable to the discharge.

The CWA mandates the implementation of effluent limitations that are as stringent as necessary to meet water quality standards established pursuant to state or federal law [33 U.S.C. §1311(b)(1)(C); 40 C.F.R. 122.44(d)(1)]. NPDES permits must incorporate discharge limits necessary to ensure that water quality standards are met. This requirement applies to narrative criteria as well as to numeric criteria specifying maximum amounts of particular pollutants. Pursuant to 40 C.F.R. section 122.44(d)(1)(i), NPDES permits must contain limits that control all pollutants that 'are or may be discharged at a level which will cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard, including state narrative criteria for water quality.' Section 122.44(d)(1)(vi) of 40 C.F.R. further provides that '[w]here a state has not established a water quality criterion for a specific chemical pollutant that is present in an effluent at a concentration that causes, has the reasonable potential to cause, or contributes to an excursion above a narrative criterion within an applicable State water quality standard, the permitting authority must establish effluent limits.'

The CWA requires point source dischargers to control the amount of conventional, nonconventional, and toxic pollutants that are discharged into the waters of the U.S. The control of pollutants discharged is established through effluent limitations and other requirements in NPDES permits. There are two principal bases for effluent limitations in 40 C.F.R.: 1) section 122.44(a) requires that permits include applicable technology-based

limitations and standards; and 2) section 122.44(d) requires that permits include water quality-based effluent limitations to attain and maintain applicable numeric and narrative water quality criteria to protect the beneficial uses of the receiving water where numeric water quality objectives have not been established.

With respect to narrative objectives, the State Water Board must establish effluent limitations using one or more of three specified sources: 1) U.S. EPA's published water quality criteria; 2) a proposed state criterion (i.e., water quality objective) or an explicit state policy interpreting its narrative water quality criteria; or 3) an indicator parameter (i.e., 40 C.F.R. 122.44(d)(1)(vi)(A), (B) or (C)). Basin Plans contain a narrative objective requiring that: 'All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life.' Basin Plans require the application of the most stringent objective necessary to ensure that surface water and groundwater do not contain chemical constituents, discoloration, toxic substances, radionuclides, or taste and odor producing substances that adversely affect beneficial uses. Basin Plans state that material and relevant information, including numeric criteria, and recommendations from other agencies and scientific literature will be utilized in evaluating compliance with the narrative toxicity objective. Basin Plans also limit chemical constituents in concentrations that adversely affect surface water beneficial uses. Basin Plans further state that, to protect all beneficial uses, the Regional Water Board may apply limits more stringent than maximum contaminant levels.

A. Discharge Prohibitions

1. The discharge of biological pesticides and residual chemical pesticides at a location or in a manner different from that described in the Findings is prohibited.
2. The discharge of biological pesticides and residual chemical pesticides shall not create a nuisance as defined in section 13050 of the California Water Code.
3. The discharge of biological pesticides and residual chemical pesticides shall not cause, have a reasonable potential to cause, or contribute to an in-stream excursion above any applicable criterion promulgated by U.S. EPA pursuant to Section 303 of the CWA, or any water quality objective adopted by the S tate or Regional Water Boards. This prohibition shall apply outside the treatment area during treatment, and in the treatment area after treatment has been completed.
4. The discharge of biological pesticides or residual chemical pesticides from pesticides products that are based on active ingredients which are not listed in this permit or do not have current registration with DPR is prohibited.
5. All pesticides are prohibited from the waters of the Lahontan Region (Region 6). The use of this permit is invalid in the Lahontan Region unless the discharger has requested a prohibition exemption from the Lahontan Water Board and the Lahontan Water Board has granted an exemption for the use of algaecides or aquatic herbicides. This prohibition is based on the Lahontan Water Board's region-wide waste discharge prohibition for pesticides in water with exemption criteria to allow certain uses of aquatic pesticides.

B. Effluent Limitations

NPDES permits for discharges to surface waters must meet all applicable provisions of sections 301 and 402 of the CWA. These provisions require controls that use Best Available Technology Economically Achievable, Best Conventional Pollutant Control Technology, and any more stringent controls necessary to reduce pollutant discharge and meet water quality standards.

Section 122.44 of 40 C.F.R. states that if a discharge causes, has the reasonable potential to cause, or contributes to an excursion above a numeric or narrative water quality criterion, the permitting authority must develop effluent limits as necessary to meet water quality standards. Section 122.44(k)(3) of 40 C.F.R. allows the use of other requirements such as BMPs in lieu of numeric effluent limits if the latter are infeasible. It is infeasible for the State Water Board to establish numeric effluent limitations in this Order because:

1. The application of pesticides is not necessarily considered a discharge of pollutants according to the National Cotton Council of America v. U.S. EPA 553 F.3d 927 (6th Cir. 2009) and other applicable case law. The Sixth Circuit Court of Appeals ruled that biological pesticides and residual chemical pesticides associated with the application of pesticides at, over, or near water constitute pollutants within the meaning of the CWA and that the discharge of such pollutants must be regulated under an NPDES permit;
2. This Order regulates biological pesticides and residual chemical pesticides, which are degradation by-products or other pesticide ingredients that are present after the use of the pesticide for aquatic animal invasive species control. Pesticides are applied directly to the water body and/or to aquatic animal invasive species in the water or on the water surface and, in the case of chemical pesticides, are not considered pollutants until sometime after actual discharge. However, at what point the chemical pesticide becomes a residue is not precisely known. Therefore, in the application of pesticides, the exact effluent is unknown;
3. It would be impractical to provide effective treatment of the chemical pesticide residue to protect water quality, given typically, pesticide applications consist of numerous short duration intermittent pesticide residue releases to surface waters from many different locations; and
4. Treatment may render the biological pesticide or residual chemical pesticide useless for pest control.

Therefore, the effluent limitations contained in this Order are narrative. The narrative effluent limitations include requirements to: 1) develop and implement an APAP that describes appropriate BMPs, including compliance with all pesticide label instructions, and 2) comply with narrative receiving water limitations.

The BMPs required herein constitute BAT and BCT and will be implemented to minimize the area and duration of impacts caused by the discharge of biological pesticides and residual chemical pesticides in the target area and to allow for

restoration of water quality and protection of beneficial uses of the receiving waters to pre-application quality following completion of an application event.

C. Best Management Practices

The development of BMPs provides the flexibility necessary to establish controls to minimize the area extent and duration of impacts caused by the discharge of biological pesticides and residual chemical pesticides. This flexibility allows dischargers to implement appropriate BMPs for different types of applications and different types of waters.

Much of the BMP development has been incorporated into the pesticide regulation process by U.S. EPA, DPR, California Department of Public Health, and county agricultural commissioners. The Discharger must be licensed by DPR if such licensing is required for the pesticide application project. The pesticide use must be consistent with the pesticide label instructions and any Use Permits issued by county agricultural commissioners.

U.S. EPA and DPR scientists review pesticide labels to ensure that a product used according to label instructions will cause no harm (or 'adverse impact') on non-target organisms that cannot be reduced (or 'mitigated') with protective measures or use restrictions. Many of the label directions constitute BMPs to protect water quality and beneficial uses. Label directions may include: precautionary statements regarding toxicity and environmental hazards; directions for proper handling, dosage, application, and disposal practices; prohibited activities; spill prevention and response measures; and restrictions on type of water body and flow conditions.

A Use Permit issued by the county agricultural commissioner incorporates applicable suggested permit conditions from DPR and local site-specific conditions necessary to protect the environment. State regulations require that specific types of information be provided in an application to the county agricultural commissioners for a pesticide use permit. The county agricultural commissioners review the application to ensure that appropriate alternatives were considered and that any potential adverse effects are mitigated. The county agricultural commissioners also conduct pre-project inspections on at least five percent of projects.

This Order requires that the Discharger use BMPs when implementing control programs in order to mitigate effects to water quality due to biological pesticides and residual chemical pesticide discharges from pesticide applications. The Discharger is required to determine and implement feasible non-toxic and least toxic alternatives to the selected pesticide application project that would minimize potential water quality impacts. The selection of non-toxic and least toxic alternatives is an example of an effective BMP.

D. Water Quality-Based Effluent Limitations

1. Scope and Authority

Section 122.44(d)(1)(i) of 40 C.F.R. mandates that permits include effluent limitations for all pollutants that are or may be discharged at levels that have the reasonable potential to cause or contribute to an exceedance of a water quality standard, including numeric and narrative objectives within a standard. Where reasonable potential has been established for a pollutant, but there is no numeric criterion or objective for the pollutant, water quality-based effluent limitations must be established using: (1) U.S. EPA criteria under CWA section 304(a), supplemented where necessary by other relevant information; (2) an indicator parameter for the pollutant of concern; or (3) a calculated numeric water quality criterion, such as a proposed state criterion or policy interpreting the state's narrative criterion, supplemented with other relevant information, as provided in 40 C.F.R. 122.44(d)(1)(vi).

The process for determining reasonable potential and calculating water qualitybased effluent limitations when necessary is intended to protect the designated uses of the receiving water as specified in the Basin Plans, and achieve applicable water quality objectives and criteria that are contained in other state plans and policies, or any applicable water quality criteria contained in the CTR and NTR.

2. Receiving Water Beneficial Uses

Direct applications of pesticides for aquatic animal invasive species control may potentially deposit biological pesticides and residual chemical pesticides to surface waters. Beneficial uses of receiving waters may include the following: municipal and domestic supply, agricultural irrigation, agricultural stock watering, process water supply, service water supply, and hydropower supply, water contact recreation, canoeing and rafting recreation, other non-contact water recreation, warm freshwater aquatic habitat, cold freshwater aquatic habitat, warm fish migration habitat, cold fish migration habitat, warm and cold spawning habitat, wildlife habitat, navigation, groundwater recharge, and freshwater replenishment.

3. Determining the Need for Water Quality-Based Effluent Limitations

• a. Water quality standards include Regional Water Board Basin Plan beneficial uses and narrative and numeric water quality objectives, State Water Boardadopted standards, and federal standards, including the CTR and NTR, as well as antidegradation policies. The Basin Plans include numeric site-specific water quality objectives and narrative objectives for toxicity, chemical constituents, and tastes and odors. The narrative toxicity objective states: ' All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life .' With regard to the narrative chemical constituents objective, the Basin Plans state that waters shall not contain chemical constituents in concentrations that adversely affect beneficial uses. At minimum, '… water

designated for use as domestic or municipal supply (MUN) shall not contain concentrations of chemical constituents in excess of the maximum contaminant levels (MCLs)' in Title 22 of CCR. The narrative tastes and odors objective states: 'Water shall not contain taste- or odor-producing substances in concentrations that impart undesirable tastes or odors to domestic or municipal water supplies or to fish flesh or other edible products of aquatic origin, or that cause nuisance, or otherwise adversely affect beneficial uses .'

• b. Federal regulations require effluent limitations for all pollutants that are or may be discharged at a level that will cause or have the reasonable potential to cause, or contribute to an in-stream excursion above a narrative or numerical water quality standard.

4. Antidegradation Policy

The permitted discharge is consistent with the antidegradation provisions of 40 C.F.R. section 131.12 and State Water Board Resolution 68-16. Compliance with these requirements will result in the use of best practicable treatment or control of the discharge. Due to the low volume of discharge expected from discharges regulated under this Order, the impact on existing water quality will be insignificant. Dischargers seeking authorization to discharge under this Order are required to demonstrate compliance with receiving water limitations during the application. If, however, the State Water Board or the appropriate Regional Water Board, subsequent to review of any application, finds that the impact of a discharge will be significant, then authorization for coverage under this Order will be denied and coverage under an individual permit will be required (including preparation of an antidegradation analysis).

VI. RATIONALE FOR RECEIVING WATER LIMITATIONS

A. Groundwater

[Not Applicable]

B. Surface Water

CWA section 303(a-c), requires states to adopt water quality standards, including criteria necessary to protect beneficial uses. Regional Water Boards adopted water quality criteria as water quality objectives in the Basin Plans. The Basin Plans state that '[t] he numerical and narrative water quality objectives define the least stringent standards that the Regional Water Board will apply to regional waters in order to protect the beneficial uses. ' The Basin Plans include numeric and narrative water quality objectives for various beneficial uses and water bodies. This Order contains receiving surface water limitations based on the Basin Plans' numerical and narrative water quality objectives for biostimulatory substances, chemical constituents, color, temperature, floating material, settleable substances, suspended material, tastes and odors, and toxicity. This Order also requires compliance with any amendment or

revision to the water quality objectives contained in the Basin Plans adopted by Regional Water Boards subsequent to adoption of this Order.

Once a pesticide has been applied to an application area, the pesticide product can actively control aquatic animal invasive species within the application area. Discharge of biological pesticides and residual chemical pesticides produced by the application to surface water must meet applicable water quality criteria and objectives. The receiving water limitations ensure that an application event does not result in an exceedance of a water quality standard in the receiving water. Receiving water is defined as any surface water or drainage courses where the pesticide may be deposited as a result of direct applications.

To protect all designated beneficial uses of the receiving water, the most protective (lowest) and appropriate (to implement the CTR criteria and water quality objectives in Basin Plans) limit should be selected as the water quality limit for a particular water body and constituent. In many cases, water quality standards include narrative, rather than numerical, water quality objectives. In such cases, numeric water quality limits from the literature or publicly available information may be used to ascertain compliance with these standards.

Pesticide formulations contain disclosed 'active' ingredients that yield toxic effects on target organisms and may also have toxic effects on non-target organisms. Biological pesticide and residual chemical pesticide active ingredients that do not contain pollutants for which there are applicable numeric CTR criteria may still have toxic effects on receiving water bodies. In addition, the inactive or 'inert' ingredients of pesticides, some of which are trade secrets and have not been publicly disclosed, may also contain toxic pollutants or pollutants that could affect water quality.

DPR is responsible for reviewing toxic effects of product formulations and determining whether a pesticide is suitable for use in California's waters. In this Order, inert ingredients are also considered on a constituent-by-constituent basis. U.S. EPA regulates pesticide use through strict labeling requirements in order to mitigate negative impacts to human health and the environment. DPR environmental and medical toxicologists review toxicity data on formulations and can deny registration or work with registrants or county agricultural commissioners to impose additional requirements in order to protect human health or the environment.

U.S. EPA and DPR require that pesticides undergo toxicity testing and meet specific toxicity requirements before registering the pesticide for application to surface waters. U.S. EPA has found that the application of properly registered pesticides pose a minimum threat to people and the environment. In addition, the effects of these biological pesticides and residual chemical pesticides on water quality will be mitigated through application of BMPs and compliance with FIFRA label requirements, monitoring requirements, and receiving water limitations.

Basin Plan water quality objectives to protect the beneficial uses of surface water and groundwater include numeric objectives and narrative objectives, including objectives for chemical constituents, toxicity, and tastes and odors. The toxicity objective

requires that surface water and groundwater be maintained free of toxic substances in concentrations that produce detrimental physiological responses in humans, plants, animals, or aquatic life. The chemical constituent objective requires that surface water and groundwater shall not contain chemical constituents in concentrations that adversely affect any beneficial use or that exceed the maximum contaminant levels set forth in title 22, California Code of Regulations. The tastes and odors objective states that surface water and groundwater shall not contain taste- or odor-producing substances in concentrations that cause nuisance or adversely affect beneficial uses. The Basin Plans require the application of the most stringent objective necessary to ensure that surface water and groundwater do not contain chemical constituents, toxic substances, radionuclides, or taste and odor producing substances in concentrations that adversely affect domestic drinking water supply, agricultural supply, or any other beneficial use.

C. Receiving Water Limitations

State Water Board staff's review of DPR's database found that copper, sodium hypochlorite, and dead Pf CL145A-S are active ingredients used in pesticide products for the control of invasive mollusks.

1. Copper is a naturally occurring metal found in the environment. Copper has a wide variety of uses and its compounds have been used as a pesticide since the 1700s. The first copper-containing pesticide was registered in 1956.

Copper is highly toxic to most aquatic species. The main cause of copper toxicity to aquatic life is through rapid binding of copper to gill membranes, which damages osmoregulatory processes. To ensure water quality protection, this Order uses the Criteria Continuous Concentration from the CTR as the basis of the copper receiving water limitations. Since the dissolved portion of copper is bioavailable to aquatic life and the copper criterion in the CTR is expressed in dissolved concentration, the receiving water limitation must also be expressed in dissolved rather than total concentration.

Based on SIP section 5.3, this Order may be reopened to grant public entities and mutual water companies a short-term or seasonal exception from complying with receiving water limitations for copper during treatment. This Order may also be reopened to grant Dischargers an exception from complying with receiving water limitations for copper during treatment in accordance with the California Ocean Plan exception provisions. As a condition of the exception, this Order requires Dischargers to provide the length and justification of required exception periods in their APAPs. There is no discrete definition for short-term; but the intent is to allow the exception to apply during the treatment period. Each Discharger must make this demonstration.

1. Sodium hypochlorite, also known as liquid bleach, came into widespread use about 1930 for laundry, household, and general disinfecting uses. It is commercially available at strengths of five to 15 percent but is typically 10 percent or 12.5 percent available chlorine. It is more widely used than its dry counterpart,

calcium hypochlorite, due to its lower cost for transport, and is more easily handled. 26

Chlorine is the only toxicant that results from the use of sodium hypochlorite-based pesticide products that are used to control aquatic animal invasive species. To protect all designated beneficial uses of the receiving water from chlorine residual, the most protective (lowest) and appropriate limitation for chlorine should be selected as the water quality limitation for a particular water body. The U.S. EPA National Recommended Ambient Water Quality Criteria for freshwater aquatic life criteria and California Ocean Plan water quality objectives for chlorine are applicable. U.S. EPA has recommended ambient water quality criteria of 11 μg/L as a continuous concentration (four-day average) and 19 μg/L as the maximum concentration (one-hour average) for freshwater aquatic life protection for chlorine. The California Ocean Plan Water Quality Objectives, which protect human health and marine aquatic life from constituents in marine waters of California, list 2 μg/L as the six month median, 8 μg/L as the daily maximum, and 60 μg/L as the instantaneous maximum for chlorine.

However, because of the lack of precision with current chlorine residual measuring instruments, it would be more appropriate to set the freshwater chlorine receiving water limitations to 10 μg/L as a monthly average and 20 μg/L as a daily maximum; a daily maximum of nondetect or <10 μg/L is appropriate to protect marine aquatic life.

1. On November 6, 2013, DPR approved the biological pesticide dead Pf CL145A-S for zebra and quagga mussel control. Currently, there is no applicable water quality objective or water quality criterion from the State and Regional Water Boards, other state agencies, or U.S. EPA for dead Pf CL145A-S. To protect all designated beneficial uses of the receiving water from dead Pf CL145A-S, this Order used approximately one-tenth of the lowest 50 percent lethal concentration (LC50) on record from non-target species toxicity testing to set the receiving water limitation. Using one-tenth of the lowest LC50 as the receiving water limitation is consistent with the Central Valley Regional Water Board's Basin Plan approach when developing daily maximum limitations for aquatic pesticides that do not have water quality criteria.

The most sensitive (lowest) LC50 for dead Pf CL145A-S is 59.09 milligrams of this active ingredient per liter (mg AI/L) for the organism Oncorhynchus mykiss [rainbow trout]. Additional and more thorough toxicity studies conducted using this same organism indicate significantly higher LC50 values. Thus, this Order sets

26 G. C. White, Handbook of Chlorination, 2 nd ed. (New York: Van Nostrand Reinhol Company Inc., 1986) 63-70.

the receiving water limitation of 6 mg AI/L as a daily maximum (as measured using a direct turbidity correlation, per product label instructions).

There are no known existing or potential application sites in California where pesticides containing dead Pf CL145A-S will be discharged to marine waters.

D. Summary of Receiving Water Limitations

Table D-1 below summarizes the Receiving Water Limitations for chlorine and for dead Pf CL145A-S.

Table D- 1. Summary of Receiving Water Limitations

Constituent	Limitation	Basis
Chlorine	10 µg/L - Monthly Average	U.S. EPA's Ambient Water Quality Criteria for Freshwater Aquatic Life Protection
Chlorine	20 µg/L - Daily Maximum	U.S. EPA's Ambient Water Quality Criteria for Freshwater Aquatic Life Protection
Chlorine	<10 µg/L - Daily Maximum	California Ocean Plan
Copper 1	Dissolved Freshwater 2 Copper Chronic = 0.960exp{0.8545 [ln(hardness 3 )] - 1.702} 4, 5 Dissolved Saltwater 4 Copper Chronic = 3.1 µg/L 4,5	California Toxics Rule
Pf CL145A-S	6 mg AI/L	Approximately One-Tenth of Lowest LC50 Value: Oncorhynchus mykiss [rainbow trout] 96-hr LC50 = 59.09 6
Toxicity	Aquatic pesticide applications shall not cause or contribute to toxicity in receiving water(s).	Regional Water Boards' Basin Plans

1. Public entities and mutual water companies that obtain SIP exceptions are not required to meet this receiving water limitation during the exception period described in Section VII.C.9, Limitations and Discharge Requirements, Aquatic Pesticides Application Plan (APAP). In addition, Dischargers that obtain California Ocean Plan exceptions are not required to meet this receiving water limitation during the exception period.
2. For waters in which the salinity is equal to or less than 1 part per thousand, 95 percent or more of the time, the freshwater criteria apply. For waters in which the salinity is equal to or

greater than 10 parts per thousand, 95 percent or more of the time, saltwater criteria apply. For waters in which the salinity is between 1 and 10 parts per thousand, the applicable criteria are the more stringent of the freshwater or saltwater criteria.

1. For freshwater aquatic life criteria, waters with a hardness 400 mg/L or less as calcium carbonate, the actual ambient hardness of surface water shall be used. For waters with a hardness of over 400 mg/L as calcium carbonate, a hardness of 400 mg/L as calcium carbonate shall be used with a default Water-Effect Ratio of 1.
2. Values should be rounded to two significant figures.
3. This limitation does not apply to the Sacramento River and its tributaries above the State Highway 32 Bridge at Hamilton City. See Table III-1 of the Central Valley Water Board Basin Plan for the Sacramento and San Joaquin River Basins for copper limitation.
4. Hartwell, T. A. [2011]. Rainbow trout (Oncorhynchus mykiss) 96-hour toxicity test. Stillmeadow, Inc. 12852 Park One Drive, Sugar Land, Texas. Study No. 14732-10, August 8th 2011. Unpublished. MRID No. 48575906.

E. Toxicity

The narrative toxicity objective contained in the Regional Water Boards' Basin Plans states that 'All waters shall be maintained free of toxic substances in concentrations that produce detrimental physiological responses in human, plant, animal, or aquatic life.' For compliance with that objective, this Order contains numeric receiving water limitations for Pf CL145A-S and chlorine, in addition to narrative receiving water limitations. This Order also requires the Discharger to implement BMPs to identify corrective actions to reduce or eliminate any toxicity caused by applications of biological and chemical pesticides for aquatic animal invasive species control.

VII. RATIONALE FOR MONITORING AND REPORTING REQUIREMENTS

Section 122.48 of 40 C.F.R. requires that all NPDES permits specify requirements for recording and reporting monitoring results. Water Code sections 13267 and 13383 authorize the State Water Board and Regional Water Boards to require technical and monitoring reports. The Monitoring and Reporting Program (Attachment C) for this Order establishes monitoring and reporting requirements to implement federal and state requirements. The following provides the rationale for the requirements contained in the Monitoring and Reporting Program for discharges of biological pesticides and residual chemical pesticides from direct applications for aquatic animal invasive species control.

A. Effluent Monitoring

Pursuant to the requirements of 40 C.F.R. section 122.44(i) effluent monitoring is required for all constituents with effluent limitations. Effluent monitoring is necessary to assess compliance with effluent limitations, assess the effectiveness of the treatment process, and to assess the impacts of the discharge on the receiving water and groundwater.

The application of pesticides for aquatic animal invasive species control is not necessarily considered a discharge of pollutants according to the National Cotton Council of America v. U.S. EPA decision and other applicable case law. The regulated discharge is the discharge of biological pesticides and residual chemical pesticides. At what point the chemical pesticide becomes a residue is not precisely known. Therefore, in the application of pesticides, the exact effluent is unknown. Thus, effluent monitoring requirement is not applicable for applications of pesticides for aquatic animal invasive species control.

B. Toxicity Testing Requirements

The State Water Board, pursuant to the Porter-Cologne Act and the federal Clean Water Act, customarily requires the discharger to conduct toxicity monitoring. In fact, both acts anticipate discharger self-monitoring.

The 2004 toxicity study funded by the State Water Board and data collected under Order 2004-0009-DWQ from 2004 to 2008 showed that peak copper concentrations did not exceed toxicity values. In addition, the study showed that all constituent concentrations from post-event application samples were below receiving water limitations except for 82 exceedances for copper out of 288 monitoring events. Of the 82 exceedances, 43 were from public agencies or mutual water companies that were granted a SIP exception from meeting priority pollutant limitations during the exception period. Thus, these exceedances are not considered violations of the receiving water limitations. However, 39 of the exceedances were from entities that did not have a SIP exception. Although these exceedances are in violation of the receiving water limitations, there is no evidence of any long-term impacts from these exceedances. The foregoing information indicates that widespread acute ecosystem impacts will not occur from the application of copper-based pesticides for the control of aquatic animal invasive species if the pesticides are applied according to their label instructions and the requirements of this Order.

Order 2011-0002-DWQ required the State Water Board to conduct a toxicity study to determine if residues, including active ingredients, inert ingredients, and degradation byproducts, in any combination, from pesticide applications cause toxicity to the receiving water or add toxicity to it if there is pre-existing toxicity prior to pesticide applications. Based on that toxicity study, this Order contained a provision that this Order may be reopened and modified to incorporate toxicity monitoring requirements if the State Water Board-funded toxicity study demonstrated probable toxicity for particular pesticide ingredients. The toxicity study was completed in December 2012. Based on that study, the State Water Board determined that there were no significant impacts to waters of the U.S. outside of the pesticide application areas and there were no significant impacts to non-target species resulting from pesticide applications. Thus, it was unnecessary to reopen Order-2011-0002-DWQ. Consequently, this Order does not contain toxicity testing requirements.

C. Receiving Water Monitoring

Receiving water monitoring is necessary to determine the impacts of the discharge on the receiving stream.

1. Rationale for Number of Monitoring Samples

All testing for individual chemicals have some degree of uncertainty associated with them. The more limited the amount of test data available, the larger the uncertainty. The intent of this Order's sampling program is to select a number that will detect most events of noncompliance without requiring needless or burdensome monitoring. Table 3-1 of the EPA Region 9 and 10 Toxicity Training Tool provides guidance on the selection of the appropriate sample number. It shows that six is the minimum number of samples where there is about a 50 percent chance of detecting at least one toxic event for the three probabilities of occurrence shown on the table.

Staff also used EPA's Technical Support Document for Water Quality-Based Toxics Control (TSD) to determine the appropriate number of samples that would be needed to characterize the impacts of the biological pesticide and residual chemical pesticide discharge from pesticide applications. Page 53 of the TSD recommends using a coefficient of variation of 0.6 when the data set contains less than 10 samples. Table 3-1 of the TSD shows that with a coefficient of variation of 0.6, the multiplying factors used to determine whether a discharge causes, has the reasonable potential to cause, or contributes to an excursion above a State water quality standard begin to stabilize when the sample number is six.

Thus, this Order requires six samples to characterize the effects of biological pesticide or residual chemical pesticide discharge from pesticide applications.

2. Determination of Pf CL145A-S Concentrations in Receiving Waters

The Discharger shall quantify Pf CL145A-S concentrations in the receiving water for each application event that requires receiving water monitoring using receiving water turbidity measurements taken after treatment. A description of the quantification method follows:

• a. Prior to treatment, collect a sample of water to be treated, measure the background turbidity prior to active ingredient application, and log the value. Apportion a minimum of three samples of known volume of water to be treated into clean plastic cups or other suitable containers (i.e., Samples A, B, and C). Apply varying volumes of product solution with a known active ingredient concentration to the untreated water samples to obtain a range of active ingredient concentrations in the water to be treated that bracket the active ingredient receiving water limitation of 6 mg AI/L.
• b. Determine the appropriate volume of product solution with known active ingredient concentration to apply to each sample to obtain a diluted, known concentration using the equation C1V1=C2V2. C1 is equal to the final sample

concentration, V1 is the volume contained in each sample of water to be treated, and C2 is equal to the concentration of the product solution. Solve the equation for V2 which is the volume of the product solution that should be applied to each sample to obtain an active ingredient concentration of C1 (e.g., for sample A set C1 = 1 mg AI/L, for sample B set C1 = 6 mg AI/L, and for sample C set C1 = 20 mg AI/L).

• c. Mix the samples until the product solution is dispersed and the sample is homogenous. Measure and log the turbidity readings from each of the three samples with varying active ingredient concentrations bracketing 6 mg AI/L. Using the turbidity measurement of the untreated water sample for which C1 = 0 mg AI/L and the turbidity measurements of the spiked samples of water to be treated, plot the active ingredient concentration of each sample on the Yaxis versus the turbidity reading corresponding to the sample on the X-axis. Calculate the linear regression equation from the minimum of four data points (i.e., the linear regression equation is y = mx+b, where y = mg AI/L, m = slope of the line connecting the points, x is the measured turbidity, and b is the point the line intercepts the Y-axis).
• d. Use this equation to calculate the active ingredient concentration from the receiving water turbidity measurements after Pf CL145A-S application in the specific receiving water, and ambient conditions at the time of application. This procedure for quantifying the active ingredient concentration must be conducted at the time of each application event for which receiving water monitoring is required in order to account for receiving water conditions at the time of application. This requirement applies when receiving water monitoring is required regardless of whether an active ingredient concentration versus turbidity relationship has previously been developed for the specific receiving water.

VIII. RATIONALE FOR PROVISIONS

A. Standard Provisions

Standard Provisions, which apply to all NPDES permits in accordance with 40 C.F.R. section 122.41, and additional conditions applicable to specified categories of permits in accordance with 40 C.F.R. section 122.42, are provided in Attachment B. The Discharger must comply with applicable standard provisions and with those additional conditions that are applicable under 40 C.F.R. section 122.42.

Sections 122.41(a)(1) and (b) through (n) of 40 C.F.R. establish conditions that apply to all state-issued NPDES permits. These conditions must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to the regulations must be included in this Order.

Section 123.25(a)(12) of 40 C.F.R .allows the state to omit or modify conditions to impose more stringent requirements. In accordance with 40 C.F.R. section 123.25, this Order omits federal conditions that address enforcement authority specified in 40

C.F.R. section 122.41(j)(5) and (k)(2) because the enforcement authority under the California Water Code is more stringent. In lieu of these conditions, this Order incorporates by reference California Water Code section 13387(e).

B. Reopener Provisions

1. The reopener provisions allow the State Water Board to reopen this Order in accordance with 40 C.F.R. section 122.62.
2. Section 122.62 of 40 C.F.R. describe conditions that necessitate a major modification of a permit, including:
3. a. If new or amended applicable water quality standards are promulgated or approved pursuant to section 303 of the CWA, or amendments thereto, this Order may be reopened and modified in accordance with the new or amended standards.
4. b. When new information, that was not available at the time of permit issuance, would have justified different permit conditions at the time of issuance.
5. Acute and Chronic Toxicity. If the State Water Board revises the SIP's toxicity control provisions that would require the establishment of numeric acute and chronic toxicity limitations, this Order may be reopened to include numeric acute and chronic toxicity receiving limitations based on the new provisions.
6. Endangered Species Act. This Order may be reopened to add or modify receiving water limitations in Table 3 if additional constituents are added from pesticide product additions or accuracy of constituent analyzing technology allows for implementation of more protective limitations.
7. Receiving Water Limitations . If necessary, this Order may be reopened to add or modify Receiving Water Limitations for biological pesticides and residual chemical pesticides of concern if U.S. EPA develops biological opinions regarding pesticides included in this Order, this Order if necessary.
8. Pesticide Active Ingredients. The Executive Director may reopen this Order to add new pesticide active ingredients registered by DPR to control aquatic animal invasive species. The Executive Director may also reopen this Order to allow Dischargers to obtain an exception from meeting receiving water limitations under the SIP and the California Ocean Plan.

IX. PUBLIC PARTICIPATION

The State Water Board considered the issuance of WDRs that will serve as a general NPDES permit for direct applications of pesticides for aquatic animal invasive species control. As a step in the WDR adoption process, the State Water Board staff developed tentative WDRs. The State Water Board encouraged public participation in the WDR adoption process.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

A. Notification of Interested Parties

The State Water Board notified interested agencies, parties, and persons of its intent to prescribe general WDRs for direct applications of pesticides for aquatic animal invasive species control and provided them with an opportunity to submit their written comments and recommendations. Notification was provided to interested parties through specific mailings, distribution through the State Water Board Lyris Email System, and through publication in major newspapers communities throughout California.

The public had access to the agenda and any changes in dates and locations through the State Water Board's website at:

http://www.waterboards.ca.gov/board_info/calendar/.

B. Written Comments

Interested persons were invited to submit written comments concerning the tentative WDRs as provided through the notification process. Comments were due by 12:00 noon on January 29, 2016 .

C. Public Hearing and Meeting

The State Water Board held a public hearing and adoption meeting on the tentative WDRs during its regular Board meeting on the following date and time at the following location:

Date:

March 1, 2016 9:00 a.m. State Water Resources Control Board 1001 I Street Sacramento, CA 95814

Time:

Location:

Interested persons were invited to attend. At the public hearing and adoption meeting, the State Water Board heard testimony pertinent to the discharge and Order. The State Water Board heard oral testimony; however, for accuracy of the record, important testimony was requested to be in writing.

D. Information and Copying

The tentative effluent limitations, receiving water limitations, and special provisions, comments received, and other information were on file and available for inspection at the address above at any time between 8:30 a.m. and 4:45 p.m., Monday through Friday. Copying of documents was available through arrangement with the State Water Board by calling (916) 319-9152.

E. Register of Interested Persons

Any person interested in being placed on the mailing list for information regarding this Order should contact the State Water Board, reference this Order, and provide a name, address, and phone number.

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

F. Additional Information

Requests for additional information or questions regarding this Order should be directed to NPDES_wastewater@waterboards.ca.gov.

ATTACHMENT E - NOTICE OF INTENT

ORDER WQ 2016-0041-DWQ GENERAL PERMIT CAG 990006

STATEWIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR RESIDUAL PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

I. NOTICE OF INTENT STATUS (see Instructions)

ATTACHMENT E - NOTICE OF INTENT .............................................................................. E-1

Mark Only One Item:

• [ ] A. □ New Applicator

• B. □

• [ ] Change of Information: WDID# __________________________________________

• [ ] C □ Change of ownership or responsibility: WDID#_______________________________

• [ ] D.

• □ Enrolled under Order 2011-0003-DWQ: WDID# _____________________________

• II. DISCHARGER INFORMATION

• A. Name _______________________________________________________________

• B. Mailing Address _______________________________________________________

• C. City _________________________________________________________________

• D. County ______________________________________________________________

• E. State ________________________________________________________________

• F. Zip__________________________________________________________________

• G. Contact Person________________________________________________________

• H. Email Address ________________________________________________________

• I. Title _________________________________________________________________

• J. Phone _______________________________________________________________

• III. BILLING ADDRESS (Enter Information only if different from Section II above)

• A. Name _______________________________________________________________

• B. Billing Address ________________________________________________________

• C. City _________________________________________________________________

• D. County ______________________________________________________________

• E. State ________________________________________________________________

• F. Zip__________________________________________________________________

• G. Email Address ________________________________________________________

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

H. Title_________________________________________________________________

I. Phone ________________________________________________________________

IV. RECEIVING WATER INFORMATION

• A Biological pesticide and residual chemical pesticide discharge to (check all that apply):

• [ ] □ 1. Canals, ditches, or other constructed conveyance facilities owned and controlled by Discharger.

Name of the conveyance system: ____________________________________

• [ ] □ 2. Canals, ditches, or other constructed conveyance facilities owned and controlled by an entity other than the Discharger.

Owner's name: __________________________________________________

Name of the conveyance system:____________________________________

• [ ] □ 3. Directly to river, lake, creek, stream, bay, ocean, etc.

Name of water body: _____________________________________________

• B. Regional Water Quality Control Board(s) where application areas are located

(REGION 1, 2, 3, 4, 5, 6, 7, 8, or 9): Region__________________________________

(List all regions where pesticide application is proposed.)

A map showing the locations of A1-A3 in each Regional Water Board shall be included.

V. PESTICIDE APPLICATION INFORMATION

• A. Target Organisms_______________________________________________________

• B. Pesticides Used: List name, active ingredients and, if known, degradation by-products.

_____________________________________________________________________

• C. Period of Application

Start Date__________________

End Date __________________

• D. Types of Adjuvants Added by the Discharger: _________________________________

_____________________________________________________________________

VI. AQUATIC PESTICIDES APPLICATION PLAN

• A. Has an Aquatic Pesticides Application Plan (APAP*) been prepared?'

• [ ] □ Yes

• [ ] □ No

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

• B. If not, when will it be prepared? ___________________________________________

*A copy of the APAP shall be included with the NOI.

• C. Is the applicator familiar with its contents?

• [ ] □ Yes

• [ ] □ No

VII. NOTIFICATION

Have potentially affected public and governmental agencies been notified?

• [ ] □ Yes

• [ ] □ No

If yes, a copy of the notifications shall be attached to the NOI.

VIII. FEE

Have you included payment of the filing fee (for first-time enrollees only) with this submittal?

• [ ] □ Yes

• [ ] □ No

• [ ] □ N/A

IX. CERTIFICATION

'I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on 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 or imprisonment. Additionally, I certify that the provisions of this Order, including developing and implementing a monitoring program, will be complied with.'

Printed Name________________________________________________________________

Signature ___________________________________________________________________

Date_______________________________________________________________________

Title _______________________________________________________________________

X. FOR STATE WATER BOARD USE ONLY

WDID:

Date NOI Received:

Date NOI Processed:

Case Handler's Initial:

Fee Amount Received: $

Check #:

INSTRUCTIONS FOR COMPLETING THE NOI

ORDER WQ 2016-0041-DWQ GENERAL PERMIT CAG 990006

STATEWIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR RESIDUAL PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

These instructions are intended to help the Discharger to complete the Notice of Intent (NOI) form for the Statewide General National Pollutant Discharge Elimination System (NPDES) permit. Please type or print clearly when completing the NOI form . For any field, if more space is needed, submit a supplemental letter with the NOI.

Send the completed and signed form along with the filing fee and supporting documentation to the State Water Resources Control Board (State Water Board).

Section I - Notice of Intent Status

Indicate whether this request is for first time coverage under this Order or a change of information for the discharge already covered under this Order. For a change of information or ownership, please supply the eleven-digit Waste Discharge Identification (WDID) number for the discharge.

Section II - Discharger Information

• A. Enter the name of the Discharger.
• B. Enter the street number and street name where correspondence should be sent (P.O. Box is acceptable).
• C. Enter the city that applies to the mailing address given.
• D. Enter the county that applies to the mailing address given.
• E. Enter the state that applies to the mailing address given.
• F. Enter the zip code that applies to the mailing address given.
• G. Enter the name (first and last) of the contact person.
• H. Enter the email address of the contact person.
• I. Enter the contact person's title.
• J. Enter the daytime telephone number of the contact person.

Section III - Billing Address

Enter the information only if it is different from Section II above.

• A. Enter the name (first and last) of the person who will be responsible for the billing.
• B. Enter the street number and street name where the billing should be sent (P.O. Box is acceptable).
• C. Enter the city that applies to the billing address.
• D. Enter the county that applies to the billing address.

• E. Enter the state that applies to the billing address.
• F. Enter the zip code that applies to the billing address.
• G. Enter the email address of the person responsible for billing.
• H. Enter the title of the person responsible for billing.
• I. Enter the daytime telephone number of the person responsible for billing.

Section IV - Receiving Water Information

• A. Check all boxes that apply. At least one box must be checked.
• Check this box if the application area is a canal, ditch, or other constructed conveyance system. Print the name of the conveyance system.
• Check this box if the application area is not a constructed conveyance system (including application to river, lake, creek, stream, bay, ocean) and enter the name of the water body.
• Check this box if the application area is not listed in Items 1 and 2 above. Provide a description of the application area and the name of the water body(s) that biological pesticides and residual chemical pesticides discharge to.
• B. List all Regional Water Board numbers where pesticide application is proposed. Regional Water Board boundaries are defined in section 13200 of the California Water
• Code. The boundaries can also be found at: (http://www.waterboards.ca.gov/waterboards_map.shtml). The numbers with
• corresponding Regional Water Board names are given below:

Regional Water Board Number	Regional Water Board Name
1	North Coast
2	San Francisco Bay
3	Central Coast
4	Los Angeles
5	Central Valley (Includes Sacramento, Fresno, and Redding Offices)
6	Lahontan (Includes South Lake Tahoe and Victorville Offices)
7	Colorado River Basin
8	Santa Ana
9	San Diego

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

Section V - Pesticide Application Information

• A. List the target organisms.
• B. List the name and active ingredients of each pesticide to be used.
• C. List the start and end date of proposed pesticide application event.
• D. List the name(s) and type(s) of adjuvants that will be used.

Section VI - Pesticides Application Plan

The Discharger must prepare and complete an Aquatic Pesticides Application Plan (APAP). The minimum contents of APAP are specified in the permit under item VIII.C of this Order. The Discharger must ensure that its applicator is familiar with the APAP contents before pesticide application.

If an APAP is not complete at the time of application, enter the date by which it will be completed.

Section VII - Notification

Have you notified potentially affected governmental agencies, as required under item VIII.B of the Order?

Section VIII - Fee

The amount of fee shall be based on Section 2200(b)(6) of Title 23, California Code of Regulations. Fee information can be found at http://www.waterboards.ca.gov/resources/fees/water_quality/. Check the YES box if you have included payment of the annual fee. Check the NO box if you have not included this payment.

NOTE: You will be billed annually and payment is required to continue coverage.

Section IX- Certification

• A. Print the name of the appropriate official. For a municipality, State, federal, or other public agency, this would be a principal executive officer, ranking elected official, or duly authorized representative. The principal executive officer of a federal agency includes the chief executive officer of the agency or the senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrator of U.S. EPA).
• B. The person whose name is printed above must sign and date the NOI.
• C. Enter the title of the person signing the NOI.

Endangered Species Act

This Order does not authorize any act that results in the taking of a threatened or endangered species or any act that is now prohibited, or becomes prohibited in the future, under either the California Endangered Species Act (Fish and Game Code sections 2050 et seq.) or the Federal Endangered Species Act (16 U.S.C. §1531 et seq.). This Order

requires compliance with effluent limitations, receiving water limitations, and other requirements to protect the beneficial uses of waters of the state. The Discharger is responsible for meeting all requirements of the applicable Endangered Species Act.

Additional information on federally-listed threatened or endangered species and federallydesignated critical habitat is available from the National Marine Fisheries Service (www.nmfs.noaa.gov) for anadromous or marine species or the U.S. Fish and Wildlife Service (www.fws.gov) for terrestrial or freshwater species.

Section 303(d) List

This Order does not authorize the discharge of biological pesticides and residual chemical pesticides or their degradation by-products to waters of the U.S. that are impaired by the pesticide active ingredients included in Attachment E. Impaired waters are those waters not meeting quality standards pursuant to section 303(d) of the CWA. California impaired waters, as approved by the State Water Board, are listed on

(http://www.waterboards.ca.gov/water_issues/programs/tmdl/2010state_ir_reports/2010_co mbo303d.xls).

ATTACHMENT F - NOTICE OF TERMINATION

ORDER WQ 2016-0041-DWQ GENERAL PERMIT CAG 990006

STATEWIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR RESIDUAL PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

• I. WASTE DISCHARGE IDENTIFICATION NUMBER

WDID#__________________________________________________________________

• II. DISCHARGER INFORMATION
• A. Name _______________________________________________________________
• B. Mailing Address _______________________________________________________
• C. City _________________________________________________________________
• D. County ______________________________________________________________
• E. State ________________________________________________________________
• F. Zip__________________________________________________________________
• G. Contact Person________________________________________________________
• H. Email Address ________________________________________________________
• I. Title _________________________________________________________________
• J. Phone _______________________________________________________________
• III. BASIS FOR TERMINATION

_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

GENERAL NPDES PERMIT FOR BIOLOGICAL PESTICIDE ORDER WQ 2016-0041-DWQ AND RESIDUAL CHEMICAL PESTICIDE DISCHARGES FROM NPDES CAG990006 AQUATIC ANIMAL INVASIVE SPECIES CONTROL APPLICATIONS

IV. CERTIFICATION

'I certify under penalty of law that 1) I am not required to be permitted under the Aquatic Animal Invasive Species Control General Permit CAG 990006, and 2) this document and all attachments were prepared under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on 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 or imprisonment. Additionally, I understand that the submittal of this Notice of Termination does not release a pesticide applicator from liability for any violations of the Clean Water Act.'

A. Printed Name __________________________________________________________

B. Signature _____________________________________________________________

Date _________________________________________________________________

C. Title__________________________________________________________________

V. FOR STATE WATER BOARD USE ONLY

• [ ] □ Approved for Termination or Transfer

• [ ] □ Denied and Returned to the Discharger

A. Printed Name:_________________________________________________________

B. Signature: ___________________________________________________________

C. Date:________________________________________________________________

NOT Effective Date:

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