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Department of Ecology News Release - February 9, 2007
07-028
OLYMPIA - The Washington Department of Ecology (Ecology) will continue using permits to control the use of aquatic pesticides in and around Washington waters.
Use of the permits came into question when the U.S. Environmental Protection Agency ruled in November 2006 that a pesticide applied according to the federal label is not a pollutant under the federal Clean Water Act and is not subject to NPDES permitting.
NPDES stands for National Pollution Discharge Elimination System, a term coined by the federal government in the federal act. Washington is delegated to carry out conditions of the federal law.
The EPA ruling has caused legal ambiguity and, to date, is being appealed in 11 circuit courts throughout the county. Washington is awaiting the outcomes of these judicial proceedings before changing its practice of controlling aquatic pesticide use with permits.
Without permits the state could not track uses of aquatic pesticides. Tracking helps the state reduce uses of pesticides in and near waters. Tracking also avoids harm to species that the pesticides are not targeting and protects public health.
Without permits, there would be no requirement for pesticide applicators to notify the public when products are being used, and there would be no environmental monitoring.
"Aquatic pesticides provide important societal and environmental benefits like controlling West Nile virus, toxic algae blooms and other threats to human health. However, the application of toxic material to waters must be carefully managed and controlled," said Jay Manning, director of the Department of Ecology.
In explaining the state's decision to continue using the permit, Manning said, "In the face of legal ambiguity, we feel it is prudent to be conservative and stick with the permit system. The permits are working for the environment, for our citizens, and for our permit holders, most of whom have told us they would like to retain permit coverage while the legal challenges run their course."
Ecology has used pollution control (NPDES) permits to regulate pesticide applicators since 2002. Washington's move to use pollution control permits for application of aquatic pesticides came in 2001 after the Ninth Circuit Court of Appeals ruled in the Headwaters Inc. v. Talent Irrigation District case that the use of a pesticide according to its federal label did not exempt the pesticide applicator from Clean Water Act permitting. As a result of this court decision, Ecology began to develop a series of general and individual permits geared towards the application of pesticides in or around water.
After the new EPA rule, Ecology met with interest groups representing each of the permit areas, as well as with agricultural and environmental groups. After a public comment period, most of the feedback Ecology received requested that the state continue its current permitting program, pending the outcome of the EPA rule appeal.
Prior to 2001, Ecology regulated the use of aquatic pesticides through issuing administrative orders to licensed applicators of aquatic pesticides.
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Contact: Sandy Howard, public information manager, 360-407-6408
Ecology's Web site: http://www.ecy.wa.gov/programs/wq/pesticides/index.html
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
