On January 7, 2009 the U.S. Court of Appeals for the 6th Circuit ruled to vacate EPA’s 2007 Final Rule, which states that pesticides applied in accordance with FIFRA are under certain circumstances exempt from Clean Water Act permitting requirements. The EPA Final Rule argued that pesticides sprayed on water are not pollutants. It conceded that residues common after application could be considered pollutants; however, it argued that residues are non-point source discharges, and, therefore, are not subject to permitting requirements.
The Court’s decision to vacate EPA’s rule may have significant impacts on those involved or reliant on the manufacture and application of pesticides. Integral will take advantage of our extensive expertise in the areas of pesticides and permitting to work with our clients to address this new requirement. Clients with questions about this new ruling, or others who may want more information about Integral’s services in this area, may contact Judi Durda at jdurda@integral-corp.com.