NPDES Permits Now Required
On October 31, 2011, U.S. EPA issued a final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for point source discharges from the application of pesticides to waters of the United States. This action was in response to a 2009 decision by the U.S. Sixth
Circuit Court of Appeals (National Cotton Council, et al. v. EPA) in which the court vacated EPA's 2006 Final Rule on Aquatic Pesticides and found that point source discharges of biological pesticides, and chemical pesticides that leave a residue, into waters of the U.S. were pollutants under the
Clean Water Act (CWA). As a result of the court's decision, NPDES permits are generally required for these types of discharges as of October 31, 2011. While the permit requirements must be met as of October 31st, Operators will be covered automatically under the PGP without submitting a Notice of Intent (NOI) for any discharges before January 12, 2012. To continue coverage after January 12, 2012, those operators who are required to submit NOIs will need to do so at least 10 days (or 30 days for discharges to National Marine Fisheries Service (NMFS) Listed Resources of Concern) prior to January 12, 2012. For the first 120 days that the permit is in effect, EPA will focus on providing compliance assistance and education of the permit requirements, rather
than on enforcement actions.
The permit requires permittees to minimize pesticide discharges through the use of pest management measures and monitor for and report any adverse incidents. Some permittees are also required to submit NOIs prior to beginning to discharge and implement integrated pest management (IPM)-like practices. Recordkeeping and reporting requirements will provide valuable information to EPA and the public regarding where, when, and how much pesticides are being discharged to waters of the U.S. Pesticide application use patterns not covered by EPA’s Pesticide General Permit may need to obtain coverage under an individual permit or alternative general permit if they result in point source discharges to waters of the U.S.
U.S. EPA’s general permit will provide coverage for discharges in the areas where EPA is the NPDES permitting authority, which includes six states (Alaska, Idaho, Massachusetts, New Hampshire, New Mexico and Oklahoma) and Washington, D.C. In the remaining 44 states, the states are authorized to develop and issue the NPDES pesticide permits.
Do You Need One?
U.S. EPA’s final PGP covers operators that apply pesticides that result in discharges from the following use patterns: (1) mosquito and other flying insect pest control; (2) weed and algae control; (3) animal pest control; and (4) forest canopy pest control. The application must be made directly to aquatic waters ag stormwater runoff doesn't qualify. If you are still unsure if you need a permit you can click here and complete the "EPA Interactive Decision Maker Tool" to help you determine whether you need one or not.
2012 MO-AG Winter Convention Brochures
The exhibitor brochure has been mailed and is now available online by clicking here. The attendee brochure can be accessed here.
EPA Pesticide Mini-Bulk Container Rule Effective August 16, 2011
EPA published a final rule called the Pesticide Container and Containment (PCC) rule in August 2006 and made minor amendments to the rule in October 2008. On August 16, 2011 there key labeling requirements on your pesticide labels. The requirements that will need to followed are below. The entire rule can be accessed by clicking here. Another great source of information on the rule change is the Mid America Croplife Association's (MACA) website click here.
New Requirements Effective August 16, 2011
Refillable containers will be required to have the following:
- One-way valves or tamper evident device on openings is required.
- Containers must have a unique method of identification such as a serial number or other ID code.
- Must meet DOT design, construction, marking.
- No limits on size, except those place by registrants, of the refillable container
- Must be cleaned between uses unless tamper evident and/or one-way valves are intact and filled with same product.
- Containers must be on an approved list from the registrant.
- Must have registrant's cleaning instructions and repackaging authorization on hand.
- EPA Est. # and net contents must be on the product label affixed to the tank.
- Container integrity is the responsibility of both refiller and the registrant.
- Records must be kept for each inspection and fill.
MO-AG Legislative Update
For a listing of the priority bills we are tracking, see the following report by clicking here.
"Stop EPA" Letter Sent to 112th Congress
MO-AG joined several other state and national organizations on a letter to the entire 112th Congress imploring lawmakers to do whatever they can to stop EPA from going forward in developing nutrient criteria. The letter states: “It is apparent that EPA’s development of nutrient criteria in Florida establishes a template for how EPA will structure and impose similar nutrient requirements nationwide. In fact, we are already seeing EPA taking steps to impose its Florida model on the six New England states in EPA Region 1 and on the states in the Mississippi River watershed, which encompasses the entire middle of the United States”. The letter also states that“. . . the Florida Department of Agriculture and Consumer Services concludes that Florida’s agricultural community will lose 14,545 full‐time and part‐time jobs and will lose $1.148 billion annually.” The complete letter can be seen here.
OSHA Letter Regarding Sweep Augers
Almost a year ago, OSHA issued a letter of interpretation that flatly stated that an employee cannot work inside a bin while an unguarded sweep auger is in operation. If left to stand, many say this interpretation would require the industry to possibly employ other methods of grain removal including vacuum systems or air augers. After a year of discussions with OSHA, this issue remains unresolved. If this effects you, the best advice is to review the Dec 24, 2009 OSHA letter (click here) and be prepared to explain to OSHA how your safety and health program and procedures have or have not changed in light of the letter.
MO-AG Executive Director Grain Journal Interview
MO-AG Executive Director Steve Taylor was interviewed for the July/August edition of the “Grain Journal”. Click here to read the interview. |