Clean Water Act: Pesticide Pollutant Discharge Elimination
The Clean Water Act (CWA) and its National Pollutant Discharge Elimination System (NPDES) permit requirements have been in effect since 1972. |
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Background
No government agency has ever concluded that the ordinary application of a pesticide requires an NPDES permit, including aquatic mosquito and weed control, as well as terrestrial uses that may result in incidental spray drift entering water. The strict regulation of pesticides by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and EPA’s Office of Pesticides ensures that America’s waters are properly protected while preserving activities critical to American agriculture and many other beneficial purposes.
Show complete backgroundIn the United States, approximately two million private and commercial applicators, agricultural or pest control operators defend this nation’s farms and woodlands from the diseases and pests that might otherwise adversely impact crops and waterways and the health and welfare of American citizens. In January 2009, a Sixth Circuit U.S. Federal Court panel’s decision vacated the U.S. Environmental Protection Agency’s (EPA) NPDES Final Rule for aquatically applied pesticides. This Final Rule stated that an NPDES permit was not required for pesticide applications when applied directly to water to control pests and when pesticides are applied to control pests that are present over or near water where a portion of the pesticide will unavoidably be deposited to the water in order to target pests. The court panel’s decision overturned this policy, ruling that pesticide applications made to, over, or near bodies of water in the U.S. would require National Pollutant Discharge Elimination System (NPDES) permits.
CropLife America's Position
- The crop protection industry and our regulators take environmental and health concerns into account as products are developed and registered for the purpose of supporting America’s agriculture to ensure the nation’s food supply remains abundant and affordable.
- Pesticides should not be classified as pollutants under the CWA, as they serve an intended beneficial purpose.
- NPDES permits should not be required when pesticides are applied according to the FIFRA label, which already contains rigorous water quality safeguards during the pesticide registration process.