Pesticides and NPDES Permits

Final Rule on Aquatic Pesticides

EPA issued a final rule clarifying two specific circumstances in which a Clean Water Act (CWA) permit is not required to apply pesticides to or around water. They are: 1) the application of pesticides directly to water in order to control pests; and 2) the application of pesticides to control pests that are present over or near water, where a portion of the pesticides will unavoidably be deposited to the water in order to target the pests.

The action puts into effect a rule that confirms EPA's past operating approach that pesticides legally registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for application to or near aquatic environments, and legally applied to control pests at those sites, are not subject to NPDES permit requirements.

Clarifying when the CWA applies to pesticide use is critical because confusion over when a permit is required could hinder public health officials' efforts to prevent or respond to an infestation of mosquitoes that may carry the West Nile virus, or to control an invasive species that may damage valuable natural resources.

EPA solicited public comment on both an Interim Statement and proposed rule in Federal Register Notices published on August 13, 2003, and February 1, 2005, respectively. After considering these comments, EPA maintains its position that the two circumstances addressed in the final rule for which NPDES permits are not required are reasonable and consistent with the language and legislative intent of the CWA.


This information is copied directly from the USEPA website http://cfpub.epa.gov/npdes/home.cfm?program_id=41#water_transfer



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This page last reviewed and updated Novemebr 21st 2006
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