WSR 12-07-083

DEPARTMENT OF ECOLOGY


[ Filed March 21, 2012, 8:27 a.m. ]


PUBLIC NOTICE

Final Issuance of the Modified Aquatic Plant and Algae Management General Permit



Permit Modification: The Washington state department of ecology (ecology) issued a new modified aquatic plant and algae management general permit (permit) April 4, 2012. 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 http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/docs/eis100511.pdf. 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 www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/aquatic_plant_permit_index.html.

You may request copies of the permit from Julie Robertson at (360) 407-6575 or by e-mail at julie.robertson@ecy.wa.gov.

Public Notice Process and Comments: Ecology accepted written comments on the draft permit from February 1, 2012, until March 7, 2012. Ecology held one public hearing and workshop on the permit March 5, 2012, in Lacey, Washington. The comments and ecology's response to comments and other permit documents are available on-line at www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/aquatic_plants/aquatic_plant_permit_index.html.

Your Right to Appeal the Permit Modifications: You have a right to appeal the modifications to the permit to the pollution control hearing[s] board (PCHB) within thirty days of the date of receipt of this notice. The appeal process is governed by chapters 43.21B RCW and 371-08 WAC. "Date of receipt" is defined in RCW 43.21B.001(2).

To appeal you must do the following within thirty days of the date of receipt of this permit issuance notice:


File your appeal and a copy of this notice with the PCHB (see addresses below). Filing means actual receipt by the PCHB during regular business hours.
Serve a copy of your appeal and this notice on ecology in paper form - by mail or in person. (See addresses below.) E-mail is not accepted.

Address and Location Information:
Street Addresses Mailing Addresses
Department of Ecology

Attn: Appeals Processing Desk

300 Desmond Drive S.E.

Lacey, WA 98503

Department of Ecology

Attn: Appeals Processing Desk

P.O. Box 47608

Olympia, WA 98504-7608

Pollution Control Hearings Board

1111 Israel Road S.W.

Suite 301

Tumwater, WA 98501

Pollution Control Hearings Board

P.O. Box 40903

Olympia, WA 98504-0903

Washington State Code Reviser's Office