Tuesday, March 8, 2011

Extension Of Deadline For Pesticide General Permit

U.S. Environmental Protection Agency (EPA) has requested an extension to allow more time for pesticide operators to obtain permits for pesticide discharges into U.S. waters. EPA requested that the deadline be extended from April 9, 2011 to October 31, 2011. According to EPA, during the period while the court is considering the extension request, permits for pesticide applications will not be required under the Clean Water Act.

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.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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