By NANCY VORIS
Indiana Correspondent

INDIANAPOLIS, Ind. — The U.S. Environmental Protection Agency (EPA) requested earlier this month an extension for pesticide operators to obtain permits for pesticide discharges into U.S. waters.

EPA is requesting that the deadline be extended from April 9 to Oct. 31. This is in response to the U.S. Sixth Circuit Court’s 2009 decision in National Cotton Council, et al, v. EPA, which states that any pesticide applications that discharge into United States waters will require a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act as of April 9, 2011. During the period the court is considering the extension request, permits for pesticide applications will not be required under the Clean Water Act.
The National Corn Growers Assoc. (NCGA) welcomed the announcement of the extension during its Commodity Classic in Tampa, Fla.; representatives had sent letters to Congress expressing concerns of the approaching deadline. They urged legislators to support legislation to clarify that NPDES permits are not necessary when applying pesticides according to their EPA-approved labels.
NCGA President Bart Schott said the court’s decision in 2009 was an “overreach” and needs additional examination. He said the group appreciates that EPA understands the complexity of the requirements and that compliance in such a short amount of time could have a huge impact on production agriculture.

“Farmers use pesticides to help produce a safe, abundant and affordable food supply, and we could be significantly impacted by this new federal policy,” Schott said. “We hope the court grants the extension request to ensure that farmers and other pesticide users will have time to fully understand and comply with the permits before the program takes effect.”

The EPA is developing a pesticide general permit in response to the court’s decision.

The final permit will reduce discharges of pesticides to aquatic ecosystems, thus helping protect the nation’s waters and public health.

The extension request will allow the EPA time to check out Endangered Species Act and to develop an electronic database to streamline requests for coverage under the EPA’s general permit.

It also allows time for authorized states to finish developing their permits and for permitting authorities to provide additional outreach to stakeholders on pesticide permit requirements.

For farmers, it means pesticide applications are not required under the Clean Water Act until either the court denies the request and issues a mandate, or the date of extension (Oct. 31) is granted by the court.

If the court decides before April 9 not to grant EPA’s request for an extension, then the April 9 date still holds. If the court makes its decision after April 9 to deny the extension, it may require pesticide discharges to be covered under an NPDES permit immediately upon its decision, or set a later date by when permits would be required.

The EPA’s general permit covers pesticide discharges to waters of the U.S. in Maine, New Hampshire, New Mexico, Idaho, Oklahoma, Alaska, Washington, D.C., most U.S. territories and Indian country lands and many federal facilities. It is also a model for authorized states who are writing their own permits, though each can establish their own guidelines based on their activities, terrain and waterways.

In Indiana, the Pesticide NPDES general permit will conclude its public notice process April 4 and is scheduled to be issued on April 8 to comply with the April 9 deadline, said Amber Kent Finkelstein, public relations officer of the Indiana Department of Environmental Management (IDEM).

If an extension is granted, it would provide IDEM with more time to review public comments, as well as more time to coordinate the Indiana general permit with the federal permit under development with EPA.

“This general permit will have no effect on the farmers that do pesticide applications on terrestrial lands” Finkelstein emphasized. “The only people that will need to seek a Pesticide General Permit are those applying on or over water.”

She also said there is a bill moving through Congress that, if passed, will eliminate any need for a pesticide general permit.

The EPA has been working closely to assist other NPDES-authorized states in developing state permits for their respective geographic areas. For more information, see the EPA fact sheet online at www.epa.gov/npdes/pubs/pgp_extensiom_factsheet.pdf