WSR 12-03-098


[ Filed January 17, 2012, 10:50 a.m. ]


Announcing a Modification to the Aquatic Plant and Algae Management General Permit for Review and Comment

Proposed Permit Modification: The Washington state department of ecology (ecology) is modifying the aquatic plant and algae management general permit (permit) and the notice of intent (NOI). The permit is a joint national pollutant discharge elimination system (NPDES) and state waste discharge general permit. The permit covers the discharge of products used to control aquatic plants and algae in Washington lakes. The permit also allows treatment of emergent plants along roadsides and ditch banks. Control products include aquatic herbicides, algaecides, biological clarification products, aquatic dyes, adjuvants, and nutrient inactivation products such as alum.

Purpose of the Permit Modification:

The modification adds four new Environmental Protection Agency (EPA) reduced-risk herbicides to the permit. Information about these four herbicides is found in ecology's recent Environmental Impact Statement for Penoxsulam, Imazamox, Bispyribac-sodium, flumioxazin, and Carfentrazone-ethyl - Addendum to the Final Supplemental Environmental Impact Statement for Freshwater Aquatic Plant Management at Ecology updated Table 3 in the permit to include the new herbicides and added a sign template for each new chemical.
Ecology updated Table 2 - Listed adjuvants based on new information from the Washington state department of agriculture about which adjuvants met their criteria for aquatic toxicity.
Ecology added a sign template for nutrient inactivation products and clarified that permittees do not need to post signs for continuous alum treatments.

Purpose of the NOI Modification: Ecology added a statement about treatment timing windows and included a checkbox for applicants to request a timing window change.

Copies of the Modified Permit: You may download copies of the modified permit from [the] following web site

You may request copies of the permit from Julie Robertson at (360) 407-6575 or by e-mail

Ecology Contact: Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6562, e-mail

Submitting Written Comments: Ecology will accept written comments on the permit and NOI modifications until 5 p.m., March 7, 2012. Ecology will only accept comments on the modifications. The rest of the permit/NOI language is not open for review or comment.

Ecology prefers modification comments be submitted by e-mail to E-mailed comments must contain the commenter's name and postal address. Comments should reference the specific modification when possible.

Submit comments by e-mail to

Submit written comments to Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

You must send e-mail comments before 5 p.m., March 7, 2012. Written comments must be postmarked no later than 5 p.m., March 7, 2012.

Hearing and Workshop: Ecology will hold one public workshop and hearing on the modifications to the permit and NOI. The purpose of the workshop is to explain the permit modifications, and answer questions in order to facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed modifications to the permit and NOI. Written comments will receive the same consideration as oral testimony. The public workshop and hearing will begin at 1 p.m. on March 5, 2012, and conclude when public testimony is complete.

Workshop and Hearing: March 5, 2012, at 1 p.m., at the Lacey Timberland Library, 500 College Street S.E., Lacey, WA 98503.

Issuing the Modified Permit: The final modified permit will be issued after ecology receives and considers all public comments. If public comments cause a substantial change in the permit modifications from the original draft permit, another public notice of draft and comment period may ensue. Ecology expects to issue the modified permit in April 2012.

Washington State Code Reviser's Office