U.S. EPA Finalizes Pesticide General Permit; State Water Board Permits Remain in Effect

The U.S. EPA’s National Pollutant Discharge Elimination System pesticide general permit for aquatic pesticide applications went into effect Oct. 31 but has little regulatory effect on California water agencies.

EPA has assigned California primacy for the implementation and enforcement of the federal Clean Water Act, including NPDES permits. This authority has been assigned to the State Water Resources Control Board, which had previously adopted several NPDES permits for aquatic pesticide applications.  

Recent Congressional efforts to enact a moratorium for the U.S. EPA NPDES PGP permit have stalled.

Parties proposing to apply aquatic pesticides in California may apply for coverage under the applicable SWRCB NPDES permit. For herbicide applications to control quatic weeds, agencies may obtain coverage under the Statewide General NPDES Permit for the Discharge of Aquatic Pesticides for Aquatic Weed Control in the Waters of the United States, General Permit No. CA99005. This permit has been in place for several years, was modified in June 2006 and is being successfully used by over 100 applicants. Many ACWA members are already be covered by this permit.

SWRCB staff is reviewing the permit to determine if additional modifications are warranted. ACWA staff and the ACWA Aquatic Pesticides Working Group are in discussions with the SWRCB staff regarding revisions to this permit. More information on the permit is here.

Agencies planning on applying pesticides to control aquatic animal invasive species may apply for coverage under the Statewide General NPDES Permit for Residual Pesticide Discharges to Waters of the United State from Aquatic Animal Invasive Species Control Applications, General Permit No. CAG 990006. This permit was adopted by the SWRCB in March 2011. The SWRCB link to this permit is here.

Contact SWRCB staff Phil Isorena with any questions.