Tuesday, July 2, 2013

2006 NPDES Pestides Rule And Related Excemptions Removed

In response to a 2009 Sixth Circuit Court of Appeals ruling that vacated the 2006 NPDES Pesticides Rule, EPA has revised regulations to remove language added by the that rule. This language had exempted the application of pesticides from National Pollutant Discharge Elimination System (NPDES) permit requirements in two circumstances:
  1. When the application of the pesticide is made directly to waters of the United States to control pests that are present in the water, and
  2. when the application of the pesticide is made to control pests that are over, including near, waters of the United States.
The final rule removes this exemption and is effective on June 27, 2013.

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