EPA Proposed Rule on Pesticides Applied Over Water

Forwarded from Jan 28, 2005 EPA Pesticide Program Updates from EPA's
Office of Pesticide Programs <http://www.epa.gov/pesticides>:

News Brief:
EPA ISSUES INTERPRETATIVE STATEMENT ON PESTICIDES & WATERS, SEEKS
COMMENT ON PROPOSED RULE

EPA is issuing an interpretive statement and a proposed rule in
response to recent court decisions highlighting the need for EPA
clarification
regarding Clean Water Act (CWA) permitting requirements for the
application of pesticides to or over the nation's waters. The statement
and proposed rule reflect EPA's long-standing policy that a CWA permit
is not required where application of a particular pesticide to or over
water is consistent with requirements under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). Any pesticide that is approved
for use in the United States must undergo extensive study and review to
help ensure that, when properly used, it does not pose unreasonable
risk to human health and the environment.

Benjamin Grumbles, assistant administrator for water at EPA, noted,
"Clarifying this issue is critical because confusion over permitting
requirements could keep public health officials from preventing or
responding to an infestation of mosquitos or from controlling an
invasive species." Through this action the agency is reinforcing the
importance for local officials, resource managers, agricultural
producers, and other pesticide users of applying pesticides in
accordance with their label directions. Applications of pesticides in
violation of the labels are subject to enforcement under all
appropriate statutes including FIFRA and the CWA.

EPA first solicited public comment on this issue in a Federal Register
Notice published on Aug. 13, 2003. The public may provide input on
the current proposed rule during a 60-day comment period. The
statement and proposed rule are available at:
http://www.epa.gov/npdes/agriculture#pesticides .

  [The statement is an 8-page PDF document directed to administrators of
the EPA Regional offices, from Benjamin H. Grumbles, Assistant
Administrator for Water, and Susan Hazen, Acting Assistant
Administrator for Prevention, Pesticides and Toxic Substances. It can
be accessed directly from
http://www.epa.gov/npdes/pubs/
pesticides_memo_interpretive_statement.pdf]

Information about FIFRA and the pesticide program is available at:
http://www.epa.gov/pesticides/regulating/laws.htm and
http://www.epa.gov/pesticides/regulating/registering/index.htm .

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Received on Sun Jan 30 20:51:38 2005