2150 Page 1 of 7 FOREST SERVICE MANUAL NORTHERN REGION (REGION 1) MISSOULA, MT FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION Amendment No.: 2100-2014-1 Effective Date: April 25, 2014 Duration: This Supplement is effective until superseded or removed. Approved: THOMAS A. SCHMIDT Deputy Regional Forester Date Approved: 4/24/2014 Posting Instructions: Supplements are numbered consecutively by title and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this title was R1 Supplement 11 to 2150. New Document 2150 Superseded Document(s) by Issuance Number and Effective Date 2150 (R1 Supplement 11, 6/1988) 07 Pages 1 Page Digest: 2150- Technical, formatting, and editorial changes to make supplement consistent with Parent Text. Adds language to incorporate requirements issued by the United States Environmental Protections Agency (EPA) for National Pollutant Discharge Elimination System (NPDES) permits. Language was also added to reflect recent Memorandums of Understanding (MOU’s) between state agencies and Northern Region related to state use of aquatic pesticides. R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 2 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION Digest--Continued: 2150.4 – Adds language to clarify responsibilities associated with EPA NPDES permitting requirements for pesticide discharge to Waters of the United States (U.S.) (effective October 31, 2011). Adds language to clarify the procedure for acquiring USFS Northern Region Regional Forester approval for Pesticide Use Proposals (PUP’s). Adds language to clarify responsibilities associated with Memoranda of Understanding (MOU’s) between State Agencies and the Northern Region related to State use of pesticides (piscicides, herbicides, etc.) in water bodies. Adds language to clarify responsibilities associated with the Memorandum of Understanding between United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services (USDA APHIS WS) and the USFS related to the use of predicides on National Forest System (NFS) lands. 2151 – Adds language requiring preparation of Pesticide Discharge Management Plans (PDMP) for pesticide applications to Waters of the U.S. in accordance with State and/ or EPA NPDES permit requirements. Adds language to clarify state use of pesticides for fish and invasive species management in water bodies on NFS land. 2154- Adds language related to Forest Service pesticide-use reporting requirements and NPDES reporting requirements. R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 3 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION 2150.4 – Responsibility 2150.44 - Regional Foresters Regional Foresters shall: 1. Review, and approve or disapprove, those Pesticide Use Proposals (PUPs) on NFS lands for which approval authority is retained by the Regional Forester. The Regional Forester shall not delegate authority for PUP approval to other line officers for projects within: a. Designated Wilderness areas, including Wilderness study areas, b. Established or proposed Research Natural Areas, and c. For any use of sodium cyanide in any amount. These approvals must be made by the Regional Forester through the Pesticide Use Proposal prior to implementation of the proposed activity. 2. Certify National Pollutant Discharge Elimination System (NPDES) Notice of Intent (NOI) proposals for pesticide discharge to Waters of the United States (U.S.) prior to proposed pesticide applications. Completed NPDES NOI’s should be supported by a Pesticide Discharge Management Plan (PDMP) (see 2151 below). 3. Certify annual NPDES reports required of units with NPDES permits. 2150.47 - Forest Supervisors and District Rangers PESTICIDE USE PROPOSALS (PUP’s) Approval authority is delegated to the Forest Supervisors for application of pesticides on National Forest lands, except for those uses where approval is retained by the Regional Forester (see 2150.44 above). The Forest Supervisor may delegate PUP responsibilities to District Rangers; delegation of this authority must be issued in a Forest Supplement. Forest Supervisor or their designee (District Ranger) will ensure that all PUP’s requiring Regional Forester approval will be submitted to the Regional Pesticide Coordinator by February 15 or a mimimum of 60 days prior to proposed pesticide application- which ever comes first. Forest Supervisor or their designee (District Ranger) will ensure that PUP’s requiring USFS Northern Region Regional Forester approval will meet the following criteria: R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 4 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION PUP’s for wilderness applications: 1. are supported by documentation which describes the pest problem, the treatment plan including time frames required to adequately address the pest problem, the methods to be used, and the timing and duration of pesticide applications for the duration of the project 2. are site specific, including maps of proposed treatment areas 3. include a minimum tools analysis supporting pesticide use and proposed application methods over other available treatment methods 4. have been disclosed and discussed with interested publics prior to PUP submission to Regional Forester for approval. 5. are consistent with the decision outlined in the associated National Environmental Policy Act (NEPA) documents PUP’s for RNA applications 1. are supported by documentation which describes the pest problem, the treatment plan including time frames required to adequately address the pest problem, the methods to be used, and the timing and duration of pesticide applications for the duration of the project 2. are site specific, including maps of proposed treatment areas 3. have been coordinated with Forest Service Research prior to PUP submission to Regional Forester for Approval. a. A letter to the Forest Service Research Station Director from the Forest or Grassland Supervisor requesting review and approval for the PUP should accompany the PUP package when submitted to the Regional Pesticide Coordinator. b. Forest Service Research Station Director’s concurrance will be forwarded to the Regional Pesticide Coordinator before PUP is submitted to the Regional Forester for signature. 4. are consistent with the decision outlined in associated NEPA documents. PUP’s for applications of sodium cyanide R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 5 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION 1. are consistent with the most recent Memorandum of Understanding (MOU) between United States Department of Agriculture Animal and Plant Health Inspection Service (USDA APHIS) and the United States Forest Service (USFS) which outlines the cooperative approach to animal damage management on National Forest System lands (FSM 2601 and FSM 2650.1). Both agencies (USFS and USDA APHIS Wildlife Services (WS)) have joint responsibility for limiting damage caused by wildlife 2. are the result of annual coordination between National Forest and USDA APHIS WS staff. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Forest Supervisor, or their designee District Ranger, 1. ensure that all pesticide applications completed by USFS personnel or USFS contractors to Waters of the United States (U.S.) are covered under appropriate State or Federal NPDES permits and that all applications comply with permit and label requirements or restrictions. 2. ensure that NPDES Notice of Intent (NOI) proposals are completed and submitted to the Regional Forester for approval so that all applications of pesticides to Waters of the U.S. are covered under appropriate State or Federal NPDES permits prior to application. 3. verify that pesticide (e.g. piscicide treatment, pesticide treatments for invasive species) proposals for projects on NFS land to be completed by partner agencies (e.g. state fish and game, county noxious weed control, etc.) comply with NPDES permitting requirements, label requirements and meet any other State requirements. 4. prepare and maintain NPDES associated Pesticide Discharge Management Plan (PDMP) (see 2151 below) and NOI and submit to Regional Forester for approval and certification. 5. report pesticide use in Waters of the U.S. covered by a NPDES Pesticide General Permit (PGP) issued by a state or the United States Environmental Protection Agency (EPA) to the appropriate agency by annual report date. 2151 - PLANNING AND REVIEW OF PESTICIDE USE PESTICIDE DISCHARGE MANAGEMENT PLAN (PDMP) A Pesticide Discharge Management Plan (PDMP) must be prepared for all Forest Service projects that involve the use of pesticides applications to Waters of the U.S. in accordance with State and/or EPA NPDES permit requirements. R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 6 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION AQUATIC APPLICATIONS OF PESTICIDES BY STATE AGENCIES USFS Northern Region has Memoranda of Understanding with State Agencies so the State Agency can apply registered pesticides to remove unwanted aquatic species from waters located on NFS lands. The determination of a need to treat, and the application of pesticides consistent with label requirements are considered State actions. While Federal regulations at 36 CFR 261.9(f) require that use of all pesticides which affect NFS lands be permitted by the USFS, applications of pesticides by State agencies will generally meet the criteria for waiver of this permit requirement set forth in regulations at 36 CFR 251.50(e)(1)&(2). Where the Northern Region has a MOU with State Agencies, early coordination with the State Agencies can help ensure adequate protections are in place. The USFS Northern Region recognizes that piscicide applications conducted by State wildlife and fish management agencies typically have only nominal effects on NFS lands and resources and do not conflict with NFS programs and operations, and that the State wildlife and fish management agencies adequately regulate their piscicide applications to assure NPDES permitting requirements under the Clean Water Act are met. When action is required by the USFS Northern Region to permit the use of pesticides in water bodies located on NFS lands, or ancillary activities, this action will typically fall under the categorical exclusion at 36 CFR 220.6(d)(8) for minor, short-term uses of NFS lands, which does not require documentation by the USFS. There may be exceptions where a specific pesticide proposal or ancillary activities will require more than minor, short-term uses of NFS lands, or where there are extraordinary circumstances related to the proposal. See Forest Service Handbook 1909.15 Chaper 30. Notification of the USFS Northern Region by the State Agency proposing the pesticide application will provide the USFS Northern Region the opportunity to assess whether there is any reason that the waiver of permit requirements and application of the categorical exclusion would not apply to specific proposals. 2152 - PESTICIDE-USE EVALUATION AND QUALITY CONTROL 2152.1 - Post-Application Evaluation To be in compliance with NPDES permitting Forests must follow the State or Federal permitting agency’s requirements for monitoring effects of pesticide applications on non-target species. 2154 - PESTICIDE-USE RECORDKEEPING AND REPORTING Forest Supervisors or their designee (District Rangers) must ensure that records of all USFS pesticide-use activities are captured in the Natural Resource Management Forest Activities R1 SUPPLEMENT 2100-2014-1 EFFECTIVE DATE: 4/25/2014 DURATION: This amendment is effective until superseded or removed. 2150 Page 7 of 7 FSM 2100 - ENVIRONMENTAL MANAGEMENT CHAPTER 2150 - PESTICIDE-USE MANAGEMENT AND COORDINATION Tracking System (NRM-FACTS), the Forest Service’s national database of record for pesticideuse activities. Where pesticide-use activities are conducted by non-Forest Service personnel on areas administered by the Forest Service, the Forest Service Project Coordinator overseeing those activities shall ensure that all related pesticide-use information for the project are recorded in the Forest Service’s national database of record (FSM 2154) (e.g. aquatic applications of pesticides conducted by state agencies, predicide applications conducted by USDA APHIS WS). If pesticide applications are for invasive species management, USFS personnel need only record the treatment using the Invasive Species Integrated User Interface and the pesticide-use activity will be captured in both NRM-FACTS as well as NRM-TESP/IS (the Invasive Species Integrated User Interface). NPDES Reporting: Forest Supervisors must work with the Regional Forester and appropriate regional office staff (the regional pesticide coordinator and program staff) to ensure State or EPA NPDES reporting requirements are fulfilled.