WSR 16-18-068

[Filed September 2, 2016, 11:28 a.m.]

Proposed Permit: The Washington state department of ecology (ecology) is proposing to issue the aquatic noxious weed control general permit (permit).

State and federal water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. The pesticides allowed for use in the proposed permit are potential pollutants, and therefore require a discharge permit before application to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar.

Purpose of the Permit: The aquatic noxious weed control general permit is a national pollutant discharge elimination system (NPDES) permit, which regulates Washington state listed noxious weeds and Washington state quarantine-listed weeds where pesticides or other products may indirectly enter the surface waters of the state of Washington. The permit covers all marine and freshwater activities that result in a discharge of herbicides, adjuvants, and marker dyes (collectively chemicals) indirectly into surface waters of Washington state. Coverage under the proposed general permit will be available to Washington state department of agriculture (WSDA), and individuals or entities contracting with WSDA as limited agents, for applications statewide.

Copies of the Draft Permit: You may download copies of the draft permit and the fact sheet from the following web site http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html. You may request copies of the documents from Nathan Lubliner at nathan.lubliner@ecy.wa.gov or (360) 407-6563.

Ecology Contact: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, phone (360) 407-6563, e-mail nathan.lubliner@ecy.wa.gov.

Workshop and Public Hearing: The purpose of the workshop is to explain the general permit to answer questions prior to the formal public hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed draft permit. Written comments will receive the same consideration as oral testimony. The public workshop will begin at 1:00 p.m. on October 27, 2016, Washington State Department of Ecology, 300 Desmond Drive, Lacey, WA 98503-1274. The public hearing will begin immediately following the public workshop and will conclude when public testimony is complete.

The workshop and hearing may also be attended as a webinar where individuals may view the presentation and provide testimony via computer or mobile device. To register for the webinar go to http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html. Once the host approves your request, you will receive a confirmation e-mail with instructions for joining the meeting.

Submitting Written Comments: Ecology will accept written comments on the draft permit and fact sheet until 5 p.m., November 4, 2016. Ecology prefers comments be submitted through the comment form on the permit web page. Comments should reference specific permit text when possible.

Submit by Comment Form: http://www.ecy.wa.gov/programs/wq/pesticides/final_pesticide_permits/noxious/noxious_index.html.

Submit Comments by Mail To: Nathan Lubliner, Washington State Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696.

You must provide comments before 5 p.m., November 4, 2016. Written comments must be postmarked no later than 5 p.m., November 4, 2016.

Issuing the Permit: The final decision on permit issuance will be made after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit, another public notice of draft and comment period may ensue. Ecology expects to issue the general permit in winter 2017.