Pest Control Permitting Process - Decision Making Tool for Authorizing Pesticides
heck yeah, let's dive into the dirt on the 2021 Pesticide General Permit (PGP)!
What's the lowdown on the 2026 Pesticide General Permit (PGP) and its predecessor, the 2021 PGP?
The 2021 PGP is a permit issued by the Environmental Protection Agency (EPA) for discharging pesticides into U.S. waters. The 2026 PGP, released on December 17, 2024, takes over from 2021 PGP starting October 31, 2026, and will be active through October 30, 2031. Both permits share similar eligibility and procedural requirements.
Hey, what's this 2021 PGP all about?
If you're planning to discharge pesticides into U.S. waters under EPA's jurisdiction, you might find yourself in need of the 2021 PGP. But, first things first: you've gotta make sure your discharge is connected to a pesticide application - only then can you even get a sniff of the permit.
So, I'm in the clear if I ain't applying no pesticides, right?
Right, if you ain't applying pesticides, you ain't got nothin' to worry about, my friend.
But, if I am, let's talk rules 'n' such.
- If your discharge only results from agricultural stormwater runoff or irrigation return flow, you don't need the PGP. But, if you're applying a chemical pesticide and it leaves a residue, or you're treating with a biological pesticide, you may need the PGP.
- If you apply pesticides in Massachusetts, New Hampshire, New Mexico, Washington D.C., territories except for the Virgin Islands, Indian Country listed in *Appendix C of the permit, federal facilities in Colorado, Delaware, Vermont, or Washington, lands of exclusive federal jurisdiction, or on Denali National Park Preserve within Alaska - you might need the PGP.
- If your application is for mosquito & flying insect pest control, weed & algae control, animal pest control, or forest canopy pest control, and you're discharging to waters identified as impaired by a pesticide substance or its degrader, or to Tier 3 water without following certain rules, you may need the PGP.
I think I need the PGP. What now?
First, make sure you're eligible for coverage under the PGP. If not, you gotta apply for an NPDES permit from your state NPDES permitting authority or EPA Region.
I've got the green light! What are my next steps?
- Decide whether you're a decision-maker or a for-hire applicator (see Part 1.0 and Appendix A for definitions).
- Find out if your discharge will be made to waters with National Marine Fisheries Service Listed Resources of Concern (see Appendix I of the PGP).
- See if you're a federal or state agency responsible for controlling mosquitoes, weeds, animals, or forest canopy pests, or a mosquito control, irrigation/weed control district, or similar pest control district.
- Check if you're a small entity (see Appendix A of the permit).
- Make sure you won't exceed specific thresholds (6,400 acres for adulticiding during a calendar year, 20 linear miles or 80 acres for weeds/algae control, 20 linear miles or 80 acres for animal control, 6,400 acres for forest canopy pests during a calendar year,or for treating Tier 3 water without degrading water quality or only temporarily).
- If you're a small entity, you're in luck! You just gotta submit a Notice of Intent (NOI) to be covered under the PGP.
But, if you ain't a small entity...
- Submit an NOI at least 30 days prior to first discharge...or within 15 days for declared pest emergencies.
- Know about Technology-Based Effluent Limitations, Decision-makers' and Applicators' Responsibilities, Water Quality, Monitoring, Corrective Action, Recordkeeping, Annual Report, Permit Conditions Applicable to Specific States, and Standard Permit Conditions.
- For any applications where you self-apply the pesticides, learn about monitoring for Applicators (Part 4.1).
- If you're discharging to waters with National Marine Fisheries Service Listed Resources of Concern, adjust your NOI timeline according to the conditions mentioned earlier, and be aware of the additional requirements (e.g., Technology-Based Effluent Limitations, Water Quality, Monitoring, Corrective Action, Recordkeeping, Annual Report, and Permit Conditions Applicable to Specific States).
