If you apply pesticides to, near, or above water, you may be required to obtain coverage under a new NPDES general permit in the following year.

On June 4, 2010 the EPA published a notice in the Federal Register announcing the released of the draft National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges of Pesticides and is looking for assistance in its development of the final permit.

EPA is holding a public comment period, which will last 45 days, closing July 19, 2010. EPA plans to issue the final permit by December 31, 2010 with full implementation by April 9, 2011. The permit is required because of the 2006 Sixth Circuit Court of Appeals decision in National Cotton Council et al v. EPA. 

In addition to accepting written comments, the EPA will hold a series of public hearings in New Mexico, Idaho, Massachusetts, and Washington, D.C. The meeting closest to your area will be held in Boston, Massachusetts on Monday, June 21.

The Meeting will be held in Boston, Massachusetts on Monday, June 21, 2010, at EPA Region 1, 5 Post Office Square - Suite 100, Conference Room 1529, Boston, MA 02109-3912, from 1:00 p.m. to 4:00 p.m.

For those that cannot attend these meetings, the EPA is also holding a national Webcast on June 17, from 1:00 pm to 3:00 pm. For registration information, please click here.

If you apply pesticides to, near, or above water, your involvement in the public comment process is critical.

Complete information about the draft permit is available on EPA's Web site. RISE Director of Scientific & Regulatory Affairs, Jim Skillen, suggests reviewing EPA's Q&A document , Draft Pesticides General Permit  , and the PGP Fact Sheet .

The draft permit outlines requirements for the following pesticide uses:

Mosquito and other flying insect pest control [Section 2.2.1 pages 9 - 10 of the PGP; pages 37 - 55 of the PGP Fact Sheet]
 

Aquatic weed and algae control [Section 2.2.2, pages 10 - 11 of the PGP; pages 56 - 61 of the PGP Fact Sheet]
 

Aquatic nuisance animal control [Section 2.2.3 pages 11 - 12 of the PGP; pages 61 - 66 of the PGP Fact Sheet]
 

Forest canopy pest control [Section 2.2.4 pages 12 - 14; pages 67 - 71 of the PGP Fact Sheet]

RISE has done some preliminary analysis and has established a few points of concern.   RISE is concerned with a number of the proposed PGP requirements including, the tremendous paperwork burden and potential penalties imposed on applicators, the requirement for applicators to evaluate non-pesticide alternatives, the overly broad definition of adverse effects, and action thresholds.  

Annual treatment thresholds for filing a Notice of Intent (NOI) are as follows:

Mosquito and other flying insects - 640 acres of treatment area

Aquatic weeds and algae - 20 water acres or 20 linear miles for conveyances of U.S. Waters

Aquatic nuisance animals - 20 water acres or 20 linear miles for conveyances of U.S. Waters

Additional permit conditions also raises a host of questions RISE will be reviewing with counsel and will address in comments.  One of the most problematic and unanswered questions is how EPA plans to consult with the Fish and Wildlife Service and National Marine Fisheries Service about potential impacts to endangered species and critical habitat.. Other questionable areas of concern focus on potential impacts to terrestrial applications on golf courses, rights of ways, public parks and home lawns. The answer to the terrestrial application question revolves around EPA's definition of applications of pesticides "near" water as well as the agency's definition of conveyances and ditches. 

RISE Director of Science & Regulatory Affairs, Jim Skillen will be coordinating comments and grassroots engagement.  Contact Jim at jskillen@pestfacts.org or tel. (202) 872-3845