On Dec. 5, 2002, Arizona became one of 45 states with authorization from EPA to operate the National Pollutant Discharge Elimination System (NPDES) Permit Program (Section 402 of the Clean Water Act) on the state level.

Under the Arizona Pollutant Discharge Elimination System (AZPDES) Permit Program, all facilities that discharge pollutants from any point source into waters of the United States (navigable waters) are required to obtain or seek coverage under an AZPDES permit. Pollutants can enter waters of the United States from a variety of pathways, including agricultural, domestic and industrial sources. For regulatory purposes these sources are generally categorized as either point source or nonpoint sources.

AZPDES Rules
ADEQ developed rules for the AZPDES program in 2001 and revised them in 2002 and 2004. The most recent revision was published in the Arizona Administrative Code on Dec. 26, 2003. View the final version of the AZPDES rules at 18 A.A.C. 9, Art 9 , effective on Feb. 2, 2004 (page 82).

• Overview of the AZPDES Process
• Individual Permits
• General Permits
  • De Minimus
  • Concentrated Animal Feeding Operations
• Stormwater
  • Phase II
  • Construction Activities
  • Multi Sector (Industrial Activities)
  • Municipal Stormwater Program
• Pretreatment Program
• Biosolids/Sewage Sludge
• Forms and Guidance
• FAQs
• NOI Construction Database Search
• Other Programs Affecting AZPDES
• Contacts

Information about the application of pesticides in, on, and near waters of the United States
In the case named The National Cotton Council of America v. U.S. Environmental Protection Agency, the United States Court of Appeals for the 6th Circuit issued an opinion overturning the EPA rule that exempts from the NPDES permitting program pesticides that are applied to and near waters of the United States so long as the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) labeling requirements to protect water quality are followed. This rule is codified at 40 C.F.R. 122.3(h). In accordance with federal court rules, the 6th Circuit opinion is not in effect while the parties consider requesting a rehearing or appeal of the decision. The EPA exemption is still in place. ADEQ will continue to monitor the legal proceedings and is considering the appropriate response if the 6th Circuit opinion is finalized and the rule is overturned. In the event it is required, ADEQ anticipates preparing a general permit to provide Arizona Pollutant Discharge Elimination System (AZPDES) coverage for pesticide application on and near waters of the United States. Please refer to this Web site item for further updates and information on this topic.

Memo: Pesticide Application on, in and near Waters of the United States

Court Grants EPA 2-Year Stay on Implementation of Pesticide Permitting
On June 8, 2009, the U.S. Sixth Circuit Court of Appeals granted EPA a two-year stay of the mandate in National Cotton Council et al v. EPA in response to their request on April 9, 2009.

EPA plans, before the ruling takes effect (April 9, 2011), to issue a final general NPDES permit for covered pesticide applications, to assist authorized states to develop their NPDES permits, and to provide outreach and education to the regulated community. EPA will work closely with state water permitting programs, the regulated community and environmental organizations in developing a general permit that is protective of the environment and public health.

NPDES permits will be required for pesticides applied directly to water to control pests and/or applied to control pests that are present in or over, including near waters. Irrigation return flows and agricultural runoff will not require NPDES permits as they are specifically exempted from the CWA.