Issue:
EPA has proposed regulatory amendments that would allow for the continued practice of unmonitored application of pesticides to the waterways of the United States in violation of the Federal Water Pollution Control Act ("Clean Water Act" or CWA), which regulates the discharge of pollutants to our nation's waterways.

Background:
In 2003, U.S. EPA published an Interim Statement designed to address two sets of circumstances where the EPA believes that the application of pesticides to waters of the United States, consistent with the relevant requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), does not constitute a discharge of a pollutant that requires an National Pollutant Discharge Elimination System (NPDES) permit under the CWA:

1. The application of pesticides directly to waters of the US in order to control pests; and
2. The application of pesticides to control pests that are present over waters of the United States that results in a portion of the pesticides being deposited to waters of the United States.

It is the Agency's position that these types of applications do not require NPDES permits under the CWA if the pesticides are applied consistent with the requirements of FIFRA.

In February 2005, the EPA published proposed regulatory amendments to the CWA that would make the Interim Statement law as well as published interpretive guidance that would expand the exemption beyond the two categories outlined in the 2003 Interim Statement and in the proposed regulatory amendments.

RtE Position:
It is RtE's position that the proposed regulatory amendments providing that the application of pesticides to waters of the United States consistent with FIFRA does not constitute a discharge of a pollutant under the CWA is patently illegal and without appropriate legal authority. Not only is the application of pesticides to water courses a discharge of a pollutant requiring permit authority under the CWA, but nothing within FIFRA or the law that has interpreted either FIFRA or the CWA would allow the waiver or superceding of the CWA NPDES permit requirements for such activities. Further, as is demonstrated in our comments, there are legitimate health and safety concerns associated with the application of pesticides to watercourse, such that the protections found in the CWA NPDES permit program are necessary. Lastly, the EPA does not have the authority to waive the Congressional mandated statutory permit requirements of the CWA.

It is RtE's goal to continue to apply sound, professional legal and scientific pressure to regulatory decisions, such as this, that seek to undermine the health of our environment and communities.

Links:

RtE Pesticide Regulation Letter

Rock the Earth letter of April 1, 2005 to the EPA concerning the Application of Pesticides and the Clean Water Act Definition of "Waters of the United States".

RtE-PesticideGuidance.doc

Rock the Earth letter of October 13, 2003 to the EPA concerning the Application of Pesticides and the Clean Water Act Definition of "Waters of the United States".

RtE-Pesticides Fact Sheet (PDF)

A Pesticides Fact Sheet prepared by Rock the Earth

http://www.rocktheearth.org/rte_contactus.html

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