EPA is developing a pesticide general permit in response to the 6th Circuit Court’s 2009 decision, which found that discharges from pesticides into U.S. waters were pollutants, and therefore will require a permit under the Clean Water Act as of April 9, 2011.
EPA has made the extension request to allow sufficient time for the agency to engage in Endangered Species Act consultation and complete the development of an electronic database to manage requests for coverage under the Agency’s general permit. It also allows additional time for authorized states to finish developing their state permits and for permitting authorities to provide additional outreach to stakeholders on pesticide permit requirements.
On finalized, EPA’s general permit will cover pesticide discharges to waters of the U.S. in MA, NH, NM, ID, OK, AK, DC, most U.S. territories and Indian country lands, and many federal facilities.
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