Tuesday, March 10, 2009

Pesticide NPDES Permit - NDEQ Proposed Permit By Rule

The Nebraska Department of Environmental Quality (NDEQ) is proposing a Permit-By-Rule related to the application of pesticides in and near waters of the State.

As background, the Permit-by-Rule is being proposed to address a gap in permit coverage left after a decision by the 6th Circuit Court of Appeals in January 2009, which vacated the U.S. Environmental Protection Agency (EPA)’s pesticide rule.

[Read more about vacatur of EPA pesticide rule]

The NDEQ rule establishes a Permit-by-Rule for the application of pesticides to, over, or near, waters of the state provided that the pesticide applicator:

(1) complies with FIFRA requirements relating to water quality, compliance with all label application directions, buffer zones, application locations, intended targets, protecting threatened or endangered species, times of day, temperature or other application requirements, and proper disposal of pesticide residues; and
(2) retains certain information relating to name of the pesticide, targeted pests or weeds, pesticide label, and details of the application.

The Permit-by-Rule applies to chemical pesticides only; no biological pesticides are allowed under the Permit-by-Rule. NDEQ also requires the applicator to report any adverse impacts to non-targeted species or the environment to the Department within 24 hours.

Caltha LLP provides specialized expertise to clients nationwide in the wastewater permitting, water quality assessments, and preparing cost-effective compliance management programs.

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