COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219
Mailing address: P.O. Box 1105, Richmond, Virginia 23218
TDD (804) 698-4021
www.deq.virginia.gov
Douglas W. Domenech
Secretary of Natural Resources
David K. Paylor
Director
(804) 698-4000
1-800-592-5482
MEMORANDUM
TO:
Members of the State Water Control Board
FROM:
Elleanore Daub, Office of VPDES Permits
DATE:
August 23, 2013
SUBJECT:
Virginia Pollutant Discharge Elimination System (VPDES) General Permit for
Discharges Resulting from the Application of Pesticides to Surface Waters
(9VAC25-800)
Proposed Board Action
This general permit regulation is being reissued to allow pesticide operators to continue permit
coverage for application of chemical pesticides that leave a residue in water and all biological
pesticide applications that are made to surface waters. This regulatory action is also needed to
incorporate appropriate changes from the federal National Pollutant Discharge Elimination System
Pesticide General Permit. The staff will ask the board to adopt the regulation reestablishing the
General VPDES Permit for Discharges Resulting from the Application of Pesticides to Surface
Waters.
Background
On November 27, 2006, EPA issued a final regulation to codify its interpretation of the Clean
Water Act as not requiring NPDES permits for application of pesticides to or over, including
near, waters of the United States, if the applications were consistent with relevant Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) requirements. After the rule was published,
petitions for review were filed in 11 Circuit Courts. On January 7, 2009, the Sixth Circuit Court
of Appeals ruled in National Cotton Council, et al. v. EPA to vacate EPA's 2006 interpretation of
the Clean Water Act. On June 8, 2009, the Court granted the Department of Justice's request for
a stay of the decision to provide EPA and the States time to develop and issue NPDES permits.
The State Water Control Board's VPDES permit was effective October 31, 2011 and expires
December 30, 2013. The current Virginia pesticide permit was adopted as a two-year permit
rather than a five year permit because at the time of adoption, EPA's pesticide permit had not
finalized yet. The two-year permit allowed DEQ to evaluate EPA's final permit to include the
parts of EPAs permit that could be useful to Virginia.
Board Memo
August 23, 2013
General Permit Pesticide
Notice of Public Comment
The Board approved a Notice of Public Comment (NOPC) at their March 14, 2013 meeting. The
NOPC was published for 60 days on April 8, 2013 and a public hearing was held on May 17,
2013 at the Piedmont Regional Office. One person attended the public hearing. Three entities
commented during the NOPC (City of Suffolk, Northern Virginia Regional Commission and
Dominion). A summary and response to comments is included in the attached Agency
Background Document (Townhall).
Significant Changes Since Proposed
A list of all the changes made to the regulation is in the attached Agency Background Document
(Townhall). The most significant change made in response to public comment was the addition
of a fifth pesticide use category (intrusive vegetation pest control). After receiving public
comment that the forestry pest control to include aerial utility pest control was not broad enough
for utilities vegetative pest control, DEQ staff elected to add a fifth category to ensure coverage
where intrusive vegetative pest control along roads, ditches, canals, waterways and utility rights
of way would reach surface waters.
Attorney General Certification
The regulation will be submitted to the Attorney General’s Office for statutory authority
approval.
Attachments:
 Proposed Virginia Pollutant Discharge Elimination System General Permit for
Discharges Resulting from the Application of Pesticides to Surface Waters (9VAC25800)
 Townhall Agency Background Document
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