Good News for Most on Pesticide Permits
Unless USEPA grants an extension, by April 9, 2011 anyone who applies a pesticide to water or has a license to treat for mosquitoes must get a National Pollution Discharge Elimination System (NPDES) permit from Illinois EPA. This is a new federal law that came about as a result of a lawsuit filed by environmentalists a few years ago. It essentially puts pesticide use under the umbrella of the Clean Water Act.
In December, Illinois EPA informed the Illinois ag industry that their interpretation of this new requirement is that anyone who applied any pesticide "on or near water or any water conveyance" would need to get a permit from IEPA. They described a scenario in which applying pesticides on or near any waterway or ditch in a crop field or pasture, even if the waterway or ditch did not have water in it, would need a permit. The resulting paperwork that accompanies a NPDES permit would be incredibly burdensome, and would be available for public review. In short, if we could not change IEPA's stance, nearly every agricultural pesticide applicator would need a permit from IEPA come April 9, 2011.
IFCA and the other ag organizations disgreed strongly with IEPA on their interpretation and went to work immediately to change the direction of the IEPA permit. We submitted extensive written comments and worked with the management and staff at IEPA on this issue, all in a very short period of time. But we received good news from IEPA this week and are very happy to report that IEPA accepted our suggestions and has revised the permit to remove agricultural applications from needing a NPDES permit. In short, if a pesticide label does not have an aquatic use on the label, you will not need a permit from IEPA to apply that pesticide.
However, applicators who apply pesticides that are labeled for aquatic uses will need a NPDES permit to apply those pesticides to water. This would include any applications made to ponds that have an overflow, or to drainage ditches, or for mosquito treatment or spraying over forest canopies. If you have an aquatic category on your pesticide license or you treat for mosquitoes, please contact IFCA so that we can work with you to assist you with the permit process when the permit becomes available. If you qualify as a small business the paperwork requirements will be minimal, and if you do not exceed certain thresholds for the amount of treatment you conduct, the permit requirements are manageable. As of mid-March, there is still no process in place with IEPA for anyone to apply for a NPDES permit for aquatic or mosquito applications. IFCA will inform you immediately if and when the permit application process becomes available.
If you sell aquatic pesticides, you are not obligated to inform the purchaser of their requirement to get a NPDES permit. If someone buys an aquatic pesticide from you, and the pond he or she is treating has an overflow, to comply with the law they do need a NPDES permit. If you would apply the aquatic pesticide for them, either you or the pond owner would need a NPDES permit. Failure to comply with this law is a violation of the Clean Water Act with penalties up to $37,000. We are not sure yet what kind of outreach will be done to inform people of this new regulation. People who own ponds and want them treated should ask their US Congressman and US Senator to support overturning the NPDES Permits for Pesticide Use.
Our national association Crop Life America is leading efforts on HR 872 in Congress to overturn this law and re-establish that FIFRA, not the Clean Water Act, is the over-riding regulation when it comes to all pesticide applications. HR 872 has already passed out of the Agriculture and Transportation Committees and has over 90 co-sponsors. We will keep you posted on this legislative effort on Capitol Hill and will likely be asking you to contact your Congressmen and Senators. The fact that NPDES permits do apply to some pesticide applications is a foot in the door for future regulation of pesticides by USEPA.
In December, Illinois EPA informed the Illinois ag industry that their interpretation of this new requirement is that anyone who applied any pesticide "on or near water or any water conveyance" would need to get a permit from IEPA. They described a scenario in which applying pesticides on or near any waterway or ditch in a crop field or pasture, even if the waterway or ditch did not have water in it, would need a permit. The resulting paperwork that accompanies a NPDES permit would be incredibly burdensome, and would be available for public review. In short, if we could not change IEPA's stance, nearly every agricultural pesticide applicator would need a permit from IEPA come April 9, 2011.
IFCA and the other ag organizations disgreed strongly with IEPA on their interpretation and went to work immediately to change the direction of the IEPA permit. We submitted extensive written comments and worked with the management and staff at IEPA on this issue, all in a very short period of time. But we received good news from IEPA this week and are very happy to report that IEPA accepted our suggestions and has revised the permit to remove agricultural applications from needing a NPDES permit. In short, if a pesticide label does not have an aquatic use on the label, you will not need a permit from IEPA to apply that pesticide.
However, applicators who apply pesticides that are labeled for aquatic uses will need a NPDES permit to apply those pesticides to water. This would include any applications made to ponds that have an overflow, or to drainage ditches, or for mosquito treatment or spraying over forest canopies. If you have an aquatic category on your pesticide license or you treat for mosquitoes, please contact IFCA so that we can work with you to assist you with the permit process when the permit becomes available. If you qualify as a small business the paperwork requirements will be minimal, and if you do not exceed certain thresholds for the amount of treatment you conduct, the permit requirements are manageable. As of mid-March, there is still no process in place with IEPA for anyone to apply for a NPDES permit for aquatic or mosquito applications. IFCA will inform you immediately if and when the permit application process becomes available.
If you sell aquatic pesticides, you are not obligated to inform the purchaser of their requirement to get a NPDES permit. If someone buys an aquatic pesticide from you, and the pond he or she is treating has an overflow, to comply with the law they do need a NPDES permit. If you would apply the aquatic pesticide for them, either you or the pond owner would need a NPDES permit. Failure to comply with this law is a violation of the Clean Water Act with penalties up to $37,000. We are not sure yet what kind of outreach will be done to inform people of this new regulation. People who own ponds and want them treated should ask their US Congressman and US Senator to support overturning the NPDES Permits for Pesticide Use.
Our national association Crop Life America is leading efforts on HR 872 in Congress to overturn this law and re-establish that FIFRA, not the Clean Water Act, is the over-riding regulation when it comes to all pesticide applications. HR 872 has already passed out of the Agriculture and Transportation Committees and has over 90 co-sponsors. We will keep you posted on this legislative effort on Capitol Hill and will likely be asking you to contact your Congressmen and Senators. The fact that NPDES permits do apply to some pesticide applications is a foot in the door for future regulation of pesticides by USEPA.