EPA Pesticides Rule (NPDES) Changes in 2011

NPDES Pesticide Rules changes
In a court ruling on January 9, 2009, it was decided that EPA’s 2006 NPDES (National Pollutant Discharge Elimination System) Pesticides Rule is no longer valid and that new rules will take effect in April 2011. The ruling effectively stated that the residue from a chemical pesticide is a pollutant if it enters waters of the US and that all biological pesticides are pollutants. This has forced EPA to take a very different approach to pesticides. Previously, if a pesticide applicator followed the label directions they were deemed to be in compliance (under FIFRA rules).

The discharge of pollutants to waters of the US is regulated by NPDES and most states are responsible for administering NPDES permits within their jurisdictional boundaries. The draft General Permit from which this information is taken is for a smaller EPA administered set of six states and territories, but it serves as a template for the other states who will be drafting their own. In response to the Court’s decision, EPA decided to propose this general permit to cover certain discharges resulting from pesticide applications. EPA Regional offices may issue additional general permits or individual permits if needed.

What is covered under this new General Permit?
This permit covers the discharge of pesticides (biological pesticides and chemical pesticides which leave a residue) to waters of the U.S. resulting from the following use patterns: (1) Mosquito and Other Flying Insect Pest Control; (2) Aquatic Weed and Algae Control; (3) Aquatic Nuisance Animal Control; and (4) Forest Canopy Pest Control. General permits are activated by submission of a Notice of Intent (NOI) to use pesticides regulated by the permit.

What about other pesticide applications, like to a golf course? Do they need a permit?
Yes, other applications, if they include the discharge of pesticides (biological pesticides and chemical pesticides which leave a residue) to waters of the U.S, must have a NPDES permit. The specifics are yet to be determined.

More information: EPA - NPDES

Much more to come on this topic – please contact us if there are immediate questions. AE is staying closely in touch with this topic and will release additional information and offer services as the rules are more fully defined.
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