Water Protection Program

Pesticide General Permit

The Missouri Department of Natural Resources is developing a Pesticide General Permit for point source discharges resulting from the application of pesticides.  This permit is being developed as a result of recent federal requirements under the National Pollutant Discharge Elimination System, also known as NPDES.

The proposed general permit will authorize the discharge of pesticides that leave a residue in water when such applications are made into or over including near waters of the United States.  The department has determined that entities most likely affected by this permit include public health entities, including mosquito or other vector control districts and commercial applicators that service this sector.  Others potentially affected by this permit include resource and land management entities, such as public and private entities managing public land, park areas and university campuses, as well as utilities maintaining easements and right-of-ways, golf courses and other large residential developments which maintain a large grounds area.  In addition, permits may be required for applications involving pesticide use for agricultural related activities when pesticides are applied to crops grown in a water of the United States.

The Department of Natural Resources is collaborating closely with the Missouri Department of Agriculture, which already administers the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, along with the Missouri Pesticide Use Act.  

The department plans to provide a preliminary draft of this permit to discuss at a stakeholder meeting on Feb. 17.  The draft permit will be posted to this website. The department will use feedback and input gathered from this meeting to prepare a formal proposed permit.  The proposed permit will then undergo an official 30-day public notice, which is planned to begin sometime during the month of March.  The department will strive to issue a final pesticide permit in April or May 2011.

HISTORY AND BACKGROUND

On Nov. 27, 2006, the U.S. Environmental Protection Agency issued a final rule exempting NPDES permits for application of pesticides to, over, including near waters of the United States when the applications are consistent with the Federal Insecticide, Fungicide, and Rodenticide Act requirements. Petitions for review of the EPA final rule were filed, and on Jan. 7, 2009, the 6th Circuit Court of Appeals vacated EPA’s 2006 rule in National Cotton Council, et al. v. EPA.  The court ruled that NPDES permits are required for all biological pesticide applications and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the United States.

On June 8, 2009, the court granted EPA's request for a two-year stay of the decision to allow time to develop and issue a NPDES permit and provide outreach to stakeholders on the implications of these actions. With the stay in place, EPA has until April 9, 2011 to finalize and implement a new permit.

EPA has estimated up to 5.6 million applications performed annually by 365,000 applicators using 500 different active ingredients will be potentially affected by the permit nationwide.

EPA ACTION:

Since the court stay, EPA has been developing a general permit for pesticide applications pursuant to the federal court decision.  On June 2, 2010, EPA announced the public availability of their draft NPDES permit for point source discharges from the application of pesticides to waters of the United States. The permit was published in the Federal Register on Friday, June 4, 2010. Comments were accepted through July 19, 2010.  The EPA documents along with other info can be accessed at EPA's Pesticide Program website.

EPA has stated they intend to issue a final permit by mid-February 2011. EPA plans to use the remaining months until the court’s mandate takes effect on April 9, 2011 to provide outreach and education to the regulated community. EPA will develop and issue a general permit for the states and lands for which it has retained NPDES permitting authority. EPA will help coordinate the development of state permits for the 45 NPDES-authorized states, which includes Missouri, as they develop their proposed and final general permits. 

For more information about the proposed Missouri Pesticide General Permit contact:

Charles Harwood
Soil Scientist
Water Protection Program

Upcoming Meetings
TBA

Past Meetings
Pesticide Permit Stakeholder Meeting
Feb. 17, 2011
Agenda
Jefferson City

DOCUMENTS:

Stakeholder Meeting Letter
Interactive Map Viewer for Pesticides
Draft Pesticide Permit

EPA DOCUMENTS:

EPA Draft General Permit
EPA Draft Permit Fact Sheet
EPA FAQ’s on Draft permit
EPA Pesticide Permit Update, April 2010
EPA NPDES Pesticide Program Website