NPDES Permits for Pesticide Applications
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On January 7, 2009 the 6th Circuit Court of Appeals struck down a rule issued by the Environmental Protection Agency (EPA) in 2006 regarding the application of aquatic pesticides. The court held that Clean Water Act (CWA) permits are required for pesticide applications "in, over, or near" waters of the U.S. This decision has significant impacts on agricultural production in the U.S. as it would require permits for aquatic pesticide applications.
If Congress does not act, agricultural producers will be required to obtain a permit for an estimated 5.6 million pesticide applications annually. Currently, no permitting system is in place to handle the dramatic increase in permit applications. Furthermore, the Court’s ruling has placed producers in legal jeopardy under the Clean Water Act’s citizen-action provisions.
The Environmental Protection Agency (EPA) released its draft National Pollutant Discharge Elimination Program (NPDES) Permit for aquatic pesticide applications. The permit is in response to a decision by the Sixth Circuit Court of Appeals that said pesticide applications in, over, or near waters of the U.S. must be permitted under the Clean Water Act.
EPA’s draft permit will cover pesticide applications in or over water for mosquito and other flying insect pest control, aquatic weed and algae control, aquatic nuisance animal control, and forest canopy pest control. The permit does not authorize coverage for discharges of pesticides to waters already impaired by these specific pesticides or discharges to Tier 3 waters. These discharges will require coverage under individual NPDES permits. The draft permit does not extend to terrestrial applications on agricultural crops.
More information on NPDES is available from the EPA, including the permit, webcasts, and a fact sheet.