EPA To Regulate Pesticide Application Under Clean Water Act

In the past, pesticide applicators who were applying pesticides in compliance with FIFRA were not required to get NPDES permits. Following a recent 6th Circuit Court of Appeals decision, pesticide control programs in West Virginia, like gypsy moth spraying and black fly control in the New River area, will have to be covered under NPDES general permits if there is the chance that pesticide residue could end up in surface waters. Here's a short, cogent explanation from David Wagner of the Reed Smith law firm of how we got to this point, and describing EPA's timeline for issuing the general permits. In West Virginia, which has a delegated program, the DEP will issue its own general permits after allowing public comment.