Update: Illinois Pesticide Application Permit

By April 9, 2011 anyone who applies a pesticide to water or has a license to treat for mosquitoes must get a National Pollution Discharge Elimination System (NPDES) permit from Illinois EPA. This is a new federal law that came about as a result of a lawsuit filed by environmentalists a few years ago.

In December, Illinois EPA informed the Illinois ag industry that their interpretation of the law was that anyone who applied any pesticide “on or near water or any water conveyance” would need to get a permit from IEPA. They described a scenario in which applying pesticides in a field or pasture would need a permit if that field had a waterway or ditch in it, even if the waterway or ditch did not have water in it at the time of the application. The resulting paperwork that accompanies such a permit would be incredibly burdensome. If we could not change IEPA’s stance, nearly every agricultural pesticide applicator would need a permit from IEPA come April 9, 2011.

Illinois Fertilizer & Chemical Association (IFCA) and the other Illinois ag organizations disagreed strongly with IEPA on their interpretation and went to work immediately to change the direction of the IEPA permit. After submitting extensive written comments and working with the management and staff at IEPA, we are very happy to report that IEPA accepted our suggestions and has revised the permit to remove terrestrial agricultural applications from needing a NPDES permit. Now, if a pesticide label does not have an aquatic use on the label, you will not need a permit from IEPA to apply that pesticide. IFCA is very pleased that our involvement in this issue provided an acceptable outcome for our members given the dramatic impact that would have on our industry.

Applicators who apply pesticides that are labeled for aquatic uses will need a NPDES permit to apply those pesticides to water. This would include any applications made to ponds that have an overflow, or to drainage ditches, or for mosquito treatment or spraying over forest canopies. If you have an aquatic category on your pesticide license or you treat for mosquitos, please contact IFCA so that we can work with you to assist you with the permit process. If you qualify as a small business the paperwork requirements will be minimal, and if do not exceed certain thresholds for the amount of treatment you conduct, the permit requirements are manageable. Still, it will be yet another regulatory burden to bear.

If you sell aquatic pesticides, you are NOT obligated to inform the purchaser of their requirement to get a NPDES permit. If someone buys an aquatic pesticide from you, and the pond he or she is treating has an overflow, to comply with the law they do need a NPDES permit. If you apply the aquatic pesticide for them, either you or the pond owner would need a NPDES permit. Failure to comply with this law is a violation of the Clean Water Act with penalties up to $37,000. We are not sure what kind of outreach will be done to inform people of this new regulation. People who own ponds and want them treated for weeds should ask their US Congressman and US Senator to support overturning the NPDES Permits for Pesticide Use.

Our national association Crop Life America is leading efforts in Congress to overturn this law and re-establish that FIFRA, not the Clean Water Act, is the over-riding regulation when it comes to all pesticide applications. We will keep you posted on this effort and will ask you to make calls to your legislators in Washington. Although the permit has limited impact on crop production, it’s a foot in the door for USEPA to further regulate pesticides. If you have questions please contact Jean Payne.

(Source: Illinois Fertilizer and Chemical Association)

Leave a Reply

Legislation Stories
LegislationUSDA: Quick Implementation Of Disaster Assistance Programs A ‘Top Priority’
July 9, 2014
USDA has processed 106,000 payments to farmers in 40 states across the country who suffered livestock and grazing losses between Oct. 2011 and passage of the 2014 Farm Bill. Read More
LegislationTFI Praises White House For Signing WRRDA Into Law
June 11, 2014
The bill streamlines U.S. Army Corps of Engineers projects, prioritizes authorized waterway improvements and provides needed adjustments to the Inland Waterways Trust Fund. Read More
LegislationAg Policy: Plenty Of Fertilizer Issues Ahead
January 2, 2014
From West Fertilizer to the Chesapeake Bay, fertilizer producers and dealers are keeping an eye on several Beltway developments in 2014. Read More
Farm Bill
LegislationLack Of Farm Bill Leaves Farmers Facing Uncertainty In 2014
December 13, 2013
With just a few legislative working days remaining in 2013, the likelihood of a new farm bill is waning, leaving farmers in limbo once again. Read More
Top 100 Articles
CropLife 100BRANDT Commemorates National Ag Day
March 20, 2015
The Illinois agriculture community gathered at BRANDT global headquarters on March 18 to celebrate National Ag Day behind this year's theme Sustaining Future Generations. Read More
Wheat Growers, North Central Farmers Elevator Pursue Merger
CropLife 100Wheat Growers, North Central Farmers Elevator Pursue Merger
March 3, 2015
Two CropLife 100 retailers — South Dakota Wheat Growers (ranked No. 11) and North Central Farmers Elevator (No. 19) — have entered into a Letter of Intent to unify the two companies into a newly named cooperative. Read More
Growmark Group
CropLife 100GROWMARK In 2015: Back, To The Future
March 2, 2015
The nation’s third largest ag retail organization is simultaneously moving forward while remembering its past. Read More
CropLife 100Pinnacle Expands Sanders Brand In The South
February 27, 2015
Pinnacle has acquired Hopkins Seed and Chemical in Qulin, MO, which expands the company's Sanders brand to nine Southern states. Read More
CropLife 100Pinnacle Launches New Providence Agriculture Location In Indiana
February 27, 2015
Pinnacle Agriculture Holdings — ranked No. 6 on the CropLife 100 — has established a new retail location in New Castle, IN, which will operate as part of Pinnacle's Providence Agriculture brand. Read More
Carl Casale of CHS
CropLife 100Cooperative CHS Returns $518 Million To Owners
February 23, 2015
The 2015 cash return to owners is based on CHS net income of $1.1 billion, the company's second highest on record. Read More
Latest News
FungicidesSyngenta Suing Willowood Over Azoxystrobin Fungicide
March 27, 2015
Syngenta announced today that it has sued agrochemical maker Willowood, LLC., for patent and copyright infringement, as well as unfair Read More
ManagementRetail Week: The Future Of Mycogen Seeds; The 4Rs At Na…
March 27, 2015
Editors Eric Sfiligoj and Matt Hopkins discuss recent trips, including a look at the future of Mycogen Seeds at Dow Read More
Eric SfiligojMonsanto Hears The WHO
March 27, 2015
Another challenge to the safety of glyphosate, and the responses from supporters and opponents, calls to mind a classic Dr. Seuss story. Read More
Industry NewsMonty’s Plant Food Expands Sales Team
March 27, 2015
Monty’s Plant Food Company, a leader in natural soil enhancement and  plant fertility products, has hired Andrew Bullock as a Read More
Crop InputsSyngenta Louisiana Plant Poised For 2015 Production
March 26, 2015
As the 2015 planting season gets underway, growers across the country will need crop protection products to combat pests and Read More
Lake Erie Nutrient Stewardship
LegislationOhio Lawmakers Finalize Phosphorus Restrictions
March 25, 2015
State lawmakers on Wednesday finalized new rules designed to curb toxic algal blooms on Lake Erie, calling the regulations a major step forward in addressing the problem. Read More
Spreaders17 Fertilizer Spreaders For 2015
March 25, 2015
Manufacturers shoot for versatility and accuracy in this year's crop of fertilizer spreaders. Read More
Industry NewsMonty’s Hires Mid-South Product Consultant
March 25, 2015
Monty's Plant Food Co. has hired Matt Woodring as a Product Consultant for portions of Central Kentucky and Tennessee.    Read More
StewardshipMapShots Integrates With DriftWatch
March 23, 2015
Growers and agricultural providers using AgStudio FARM and AgStudio PRO can now view vital information about specialty crops and apiaries through a recent integration with the DriftWatch Specialty Crop Site Registry from FieldWatch, Inc. Read More
Crop InputsWorld Health Organization Report Contradicts Scientific…
March 23, 2015
A new report from the World Health Organization has classified glyphosate with a “2A” rating as a probable carcinogen, a Read More
Eric SfiligojSeed Treatment Stays Necessary
March 20, 2015
Grower-customers looking to scale back spending in 2015 won’t consider seed treatment, say experts. Read More
HerbicidesMARCH MADNESS: Industry Rallies Around Glyphosate Safet…
March 20, 2015
A newly published report from the International Agency for Research on Cancer (IARC) classifies the herbicide glyphosate as a "2A-rated possible carcinogen" and the ag industry responds by circling the wagons. Read More
ManagementRetail Week: Precision survey, a technology acquisition…
March 20, 2015
Editors Paul Schrimpf and Eric Sflilgoj discuss recent travel, the upcoming precision adoption survey, and an unusual sighting at a Read More
CropLife 100BRANDT Commemorates National Ag Day
March 20, 2015
The Illinois agriculture community gathered at BRANDT global headquarters on March 18 to celebrate National Ag Day behind this year's theme Sustaining Future Generations. Read More
Crop InputsBioSafe Launching TerraGrow Soil Inoculant
March 20, 2015
TerraGrow is a blend of beneficial bacterial and fungal spores and nutrients carefully designed to promote healthier soil and crops. Read More
Winter Wheat
AdjuvantsMax Systems Debuts New Adjuvant NanoRevolution 2.0
March 18, 2015
Added to a tank mix of glyphosate at the conservative rate of two to four ounces per acre, NanoRevolution 2.0 has proven effective in killing resistant weed species that had already had up to two applications of the leading glyphosate product. Read More
Photo credit: United Soybean Board/the Soybean Checkoff
Seed/BiotechAgnition Launches Microbial Catalyst Seed Treatment
March 18, 2015
Agnition it has launched Commence for Soybeans, a microbial catalyst seed treatment for soybeans that stimulates microbial activity for healthier soil and a superior growth environment. Read More
4R Certified, Nutrient Stewardship Council,
StewardshipTyler Grain & Fertilizer Now 4R Certified
March 18, 2015
The 4R Nutrient Stewardship Certification Program has announced Tyler Grain & Fertilizer Co. in Smithville, OH, has been added to Read More