Update on Clean Water Act Permits

Editor’s note: The pest control industry is closely monitoring developments related to proposed changes to the Clean Water Act that would require costly and burdensome Clean Water Act National Pollutant Discharge and Elimination System (NPDES) permits for millions of pesticide applications. This ruling is scheduled to go into effect April 9, and it may impact many pest management professionals, especially those performing mosquito and aquatic weed treatments. The National Pest Management Association provided the following updates.

• On Monday, the U.S. Court of Appeals for the Sixth Circuit  granted the Environmental Protection Agency's request for an additional six-month stay of a court order to require hundreds of thousands of pesticide applicators to obtain Clean Water Act permits before they discharge pollutants into water bodies, extending a previous two year stay until Oct. 31. According to the EPA website, the extension was requested by the agency to allow sufficient time for EPA to engage in Endangered Species Act consultation and complete the development of an electronic database to streamline requests for coverage under the Agency’s general permit. It also allows time for authorized states to finish developing their state permits and for permitting authorities to provide additional outreach to stakeholders on pesticide permit requirements. Otherwise, the court's 2009 ruling, requiring National Pollutant Discharge Elimination System (NPDES) permits for millions of pesticide applications would have gone into effect on April 9.  The permit requirement would apply to applicators making applications to, over or near water bodies to control a variety of pests including mosquitoes, invasive species and aquatic weeds.

• On a related note, the U.S. House of Representatives is expected to vote early Thursday on H.R. 872, the Reducing Regulatory Burdens Act of 2011.  The bill, supported by NPMA, would exempt lawful pesticide applications from NPDES permitting requirements.  Earlier this month, the measure passed out of the House Agriculture and Transportation and Infrastructure Committees by wide margins.

NPMA urges PMPs to contact their members of Congress to urge them to vote in support of the bill.  Click here to take action.