Although the time for comment has passed, I thought this notice of issuance of a general permit for pesticide application was worth mentioning. Several years ago the Sixth Circuit decided that the application of pesticides (and herbicides) that could reach a water body constituted a discharge of pollutants through a point source, which means that an NPDES permit is required. The court reasoned that the pesticides were not intended to reach waters of the United States, and if they did they were pollutants at that point, and no longer products. As a result of that decision, EPA advised states that they needed to issue permits for pesticide application. Since pesticide spraying is so ubiquitous, many states, including West Virginia, have decided to issue a general permit allowing spraying under certain conditions that are specified in the general permit.
The Sixth Circuit decision that started this is National Cotton v. EPA, 553 F.3d 927 (6th Cir. 2009). Environmental and industry groups had challenged an EPA rule that exempted pesticide spraying from NPDES permitting. Challenges were filed in eleven circuit courts throughout the United States, and then consolidated in the Sixth Circuit.
Here is the general permit notice.
Public Notice No.: Pesticide General Permit
Public Notice Date: August 24, 2011
GENERAL WV/NPDES WATER POLLUTION CONTROL PERMIT WASTEWATER DISCHARGES FROM HIGHWAY OR PESTICIDE GENERAL PERMIT FOR POINT SOURCE DISCHARGES WV/NPDES PERMIT NO. WV0116645
The Division of Water and Waste Management is proposing to issue the General WV/NPDES Water Pollution Control Permit to regulate the discharge of wastewater into the waters of the State from the application of (1) biological pesticides or (2) chemical pesticides that leave a residue (hereinafter collectively “pesticides”), when the pesticide application is for one of the following pesticide use patterns:
1. Mosquito and Other Flying Insect Pest Control - to control public
health/nuisance and other flying insect pests that develop or are present during a portion of their life cycle in or above standing or flowing water.
Public health/nuisance and other flying insect pests in this use category include mosquitoes and black flies.
2. Aquatic Weed and Algae Control - to control weeds, algae, and
pathogens that are pests in water and at water’s edge, including ditches and/or canals.
3. Animal Pest Control - to control animal pests in water and at water’s
edge. Animal pests in this use category include fish, lampreys, insects, mollusks, and pathogens.
4. Forest Canopy Pest Control - application of a pesticide to a forest
canopy to control the population of a pest species (e.g., insect or pathogen) where, to target the pests effectively, a portion of the pesticide unavoidably will be applied over and deposited to water."
The General Permit will authorize the operation and maintenance of establishments engaged in pesticide applications or parts thereof, and the direct discharge of treated wastewater to the waters of the State. It is proposed that this General Permit be issued for a five (5) year term. This permit shall only be issued if EPA's final Pesticide General Permit is issued.
The Director of the Division of Water and Waste Management retains authority to require any owner/operator to apply for and obtain an individual WV/NPDES Permit. This authority will be exercised when the Director determines that such individual permit will better protect the receiving water.
The Draft Permit and Fact Sheet may be inspected by appointment between 8:00 a.m. and 4:00 p.m., Monday through Friday at the Department of Environmental Protection, Division of Water and Waste Management, Public Information Office, 57th Street SE, Charleston, WV 25304. Copies of the documents may be obtained from the Division at a nominal cost.
Any interested persons may submit written comments on the Draft Permit.
Comments will be accepted until September 23, 2011. They should be addressed
to:
Director, Division of Water and Waste Management Department of Environmental Protection
601 57th Street, SE
Charleston, WV 25304
Attention: Devereux, Lori K
Phone: (304) 926-0499, Extension 1065
Fax: (304) 926-0463
E mail: Lori.K.Devereux@wv.gov
All comments received within this period will be considered prior to acting on the Draft Permit. Correspondence should include the name, address, and telephone number of the writer; and a concise statement of the nature of the issues being raised.
Requests for additional information should be directed to Lori Devereux at (304) 926-0499, Extension 1057.
No comments:
Post a Comment