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NPDES Permit for Pesticide Applications

NPDES Permit for Pesticide Applications. Brian Rowe Pesticide Section Manager. History. Talent Irrigation District 2001 9th Circuit Court EPA Final Rule (November 2006) application of a pesticide under FIFRA does not constitute the discharge of a pollutant that requires an NPDES permit

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NPDES Permit for Pesticide Applications

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  1. NPDES Permit for Pesticide Applications Brian Rowe Pesticide Section Manager

  2. History • Talent Irrigation District 2001 • 9th Circuit Court • EPA Final Rule (November 2006) • application of a pesticide under FIFRA does not constitute the discharge of a pollutant that requires an NPDES permit • Directly to water • Over water • Near water

  3. 6th Circuit’s Decision • January 7, 2009 the Court held that: • The final rule was not a reasonable interpretation of the CWA and vacated the rule. • The Court held that NPDES permits are required for: (1) All biological pesticide applications that are made in or over, including near waters of the U.S. (2) Chemical pesticide applications that leave a residue or excess pesticide in water when such applications are made in or over, including near waters of the U.S.

  4. Response to Court’s Decision • On April 9th the U.S. Government filed a Motion for Stay of the Mandate for a period of two years. • The Court granted EPA’s request to stay until April 2011 • The two years will provide EPA time to develop, propose and issue final NPDES general permits for unauthorized NPDES states, territories and tribes for pesticide applications covered under the decision and to provide outreach and education to the regulated and environmental communities. • During the stay, EPA will work closely with NPDES authorized States to develop their general permits concurrent with the development of EPA’s general permits to expedite implementation.

  5. Schedule Disseminate Prototype Propose Draft Permits Finalize Permits 2 mo. 8 mo. 8 mo. 4 mo. Aug 2009 Apr 2010 Dec 2010 Apr 2011

  6. Progress • June 2, 2010 EPA published draft permit • Docket comments due July 19, 2010 • MDA / MDNRE workgroup • NASDA commenting • PPPMD/MDA commenting • Overlap of state programs • Existing permits • Pesticide use regulation

  7. General Permit Contents • Scope • Notice of Intent (NOI) • Effluent Limits • Technology-Based • Water Quality Based • Site Monitoring • Pesticide Discharge Management Plan • Corrective Action • Recordkeeping and Annual Reporting

  8. Issues • Effluent Limits • Lowest effective amount • Optimum frequency • Equipment maintenance/calibration • Site Monitoring • Pest presence, thresholds, management options • Pesticide Discharge Management Plan • Area description, effluent limits, spill response, monitoring, adverse incidents • Recordkeeping and Annual Reporting • Responsible party • Training and Compliance Assistance

  9. ?? Questions ??

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