After two rounds of soliciting public comment, the Environmental Protection Agency (EPA) issued a final rule clarifying two circumstances when a Clean Water Act (CWA) permit is not required to apply pesticides to or around water. They are: Applying pesticides directly to water to control pests and applying pesticides to control pests that are present over or near water, where a portion or the pesticides will unavoidably be deposited to the water to target the pests.
The rule confirms the EPA's operating approach that pesticides legally registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIRFA) for application to or near aquatic environments, and legally applied to control pests at those sites, are not subject to National Pollutant Discharge Elimination System (NPDES) permit requirements.
According to the EPA's Web site, the agency deemed clarifying the ruling necessary 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.
For more information, view the EPA's Pesticides and NPDES Permits Fact Sheet or visit the pesticides portion of its Web site.