December 6, 2006—The Environmental Protection Agency (EPA) has issued a final rule clarifying two specific circumstances in which a Clean Water Act permit is not required before pesticides are applied. The two situations are when:
- pesticides are applied directly to water to control pests, including mosquito larvae, aquatic weeds and other pests in the water; and
- pesticides are applied to control pests that are present over or near water where a portion of the pesticide will unavoidably be deposited to the water in order to target the pests effectively.
After considering two rounds of public comments, EPA concluded that the Clean Water Act does not require permits in these two situations.
The final rule replaces EPA’s Interpretive Statement on the Application of Pesticides to Waters of the United States in Compliance with FIFRA, published on February 1, 2005.