The following PowerPoint presentation provides a good overview of the permit requirements, as well as background on the issue. It is not intended to be comprehensive or definitive. Every landowner should read the permit. Links to the permit and other pertinent information are included at the end of the presentation. Here are several points you should know: • All forest landowners that apply pesticides as part of a business operation are covered and affected by the Arkansas PGP • All forest landowners should keep good records of all forest pesticide applications. Smaller landowners will not exceed the threshold limits that require filing a Notice of Intent (NOI), but good recordkeeping is a must • Pesticide management areas are based on treatment areas within one county • There are four Pesticide Use Patterns in the permit. Two are forestry categories and they have specific and different thresholds to trip the requirement to file an NOI: o Weed and Algae Control cover all ground applications o Forest Canopy Pest Control cover all aerial applications

1. Primer for Compliance

2.  Eligibility
 Notification
 Pesticide Use Patterns
 Annual Thresholds
 Notification Deadlines
 Automatic Coverage
 Monitoring
 Record Keeping
*Today’s review is neither extensive nor complete – you should read through PGP

3.  Operator – the person or company with the
primary management or ultimate decision-
making responsibility.
 Can be the landowner, the turn-key forestry
consultant or the applicator.

4.  Eligibility
 If you apply pesticides as part of a business (i.e.,
not just a homeowner), you are now covered and
affected by the AR PGP
 Level of PGP compliance is affected by:
 Pest Management Area
 Pesticide Use Pattern
 Annual Threshold
 If annual threshold is exceeded – must file a
“Notice of Intent” (aka, NOI)

5.  “A contiguous area of
land…where permittee
is responsible for pest
management.”
 PMA’s are based on
treatment areas within
the same county
 Two or more treatment
areas are one PMA if
they are in the same
county and within 15
miles of each other

6.  12 Treatment Areas
in 1 county, all
within 15 miles = 1
PMA
 If acres treated
multiple times in
one year, counted
each time

7.  Based on pests being controlled, location
and/or method
 Four PUP categories in PGP
 Two forestry categories
 Weed & algae control (ground applications)
 Forest canopy pest control (aerial applications)

8.  Weed & Algae Control
 Ground applications
 Threshold acres - in water and at
water’s edge
 From PGP: “…understood to include…
forest lands…”
 Forest Canopy Pest Control
 Aerial applications over forest canopy
 Threshold acres – all treated acres
 From PGP: “…a portion…unavoidably
…deposited to water.”

9.  Weed and Algae Control
 “Applications to water and at the water’s edge”
 Based upon “Waters of the United States”
 Includes “…conveyances with a hydrologic surface
connection to WOTUS at time of application.”
 A hydrologic connection to WOTUS
 E.g., a live/flowing ephemeral drain or other connection
 NOT a puddle, dry ephemeral or dry jurisdictional wetland
 Requires applicator to monitor surface water conditions

10.  Weed and Algae
Control
 Ground
applications
 100 acres of
waters treated
 200 linear miles
of “water’s edge”
 SMZs provide
critical protection

11.  Ground Application
 PUP = Weed
Control Ephemeral
Drain
 Total acres treated
= 198
 Acres of WOTUS or
water’s edge
treated = 0
 Acres toward
threshold = 0

12.  Forest Canopy Pest Control
 Aerial applications
 Based on total acres in treatment areas within a Pest
Management Area
 Based on “waters of the state” which is any water
 Threshold = 6,400 acres per PMA (usually a county)
 Count all acres treated – not just wet acres
 Count multiple treatments to single stand individually

13.  Aerial application
 PUP = Canopy Pest
Control
 Acres of “waters of the
state” are not
determined
 Total acres treated =
204
 Acres toward threshold
= 204
 Acres within SMZ are
not included

14.  Should I file for an NOI?
 Thresholds are high
 Forest Canopy = 6,400 acres in a county
 Weed Control = 100 acres applied to WOTUS in a county
 Operators who know or should have reasonably
known (will exceed the threshold), prior to
commencement must apply for NOI at least 10
days prior to first application
 Or, at least 10 days before you know you will
exceed the annual threshold

15.  If you apply pesticides as part of a business
(e.g., not homeowners), you are now covered
and affected by the AR PGP
 There are specific requirements in the AR PGP that
you are now responsible for
 Risks of noncompliance

16.  FIFRA
 Meet water quality standards
 Registered pesticides
 Follow state laws
 Lowest effective amounts to achieve objectives
 Visual assessments
 Corrective actions
 Assess weather conditions

17.  Semi-annual monitoring
 PGP does not detail when
 Physical surroundings of the
site
 Inspect for “adverse incidents”
 Adverse incident – A person
or non-target organism is
exposed and has experienced
a toxic or adverse effect
documented by ADEQ or other
agency
 What is a non-target
organism?

18.  Certain records must be kept for 3 years following
application
 Upon request from DEQ:
 Available to DEQ within 3 days
 Operator name and contact info
 Applicator name and contact info
 Product information
 Application date, crop, type of application
 Application location, acres, size of PMA
 Rates
 Control measures, monitoring/inspection reports
 Records of any spills, leaks and corrective actions

19.  We are now a regulated industry
 And we got off ok (my opinion)
 We learned to pay attention to details and ask
better questions (silvicultural exemption)
 Lesson learned is that all of us must stay in the
game
 This has given us a glimpse of things to come,
and how to address them
 Forest roads

20.  Arkansas Department of Environmental Quality
 www.adeq.state.ar.us
 Pesticide General Permit - ARG870000
 (Searching “General Permits” will get you close)
 http://www.adeq.state.ar.us/water/branch_per
mits/general_permits/pdfs/arg870000.pdf