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

LegislationVilsack Christens WinField Crop Adventure, Talks Monsanto-Bayer, GMO-Labeling and TPP
June 17, 2016
The WinField Crop Adventure grand opening ceremonies at Fair Oaks Farms (near Winemac, IN) welcomed USDA Secretary of Agriculture Tom Read More
CPP, glyphosate, dicamba, atrazine,
Crop InputsReport: Congress Pressing EPA On Glyphosate Review Handling
May 16, 2016
Via Reuters.com reporter P.J. Huffstutter: U.S. lawmakers have asked EPA to explain why it published – and then withdrew – Read More
Anhydrous Ammonia tanks
LegislationARA: OSHA Announces PSM Formal Rulemaking Intentions
May 11, 2016
In separate communications earlier this week, the Occupational Safety and Health Administration (OSHA) announced plans to conduct formal rulemaking to Read More
Crop InputsBayer: 5 Reasons We Disagree With Maryland Neonic Ban
April 12, 2016
We’re disappointed that the Maryland legislature chose not to stand up for sound science and the rights of Maryland’s homeowners Read More
Trending Articles
Food IT
Industry NewsCalifornia Event Will Mix Ag And Tech Professionals To Explore IT Solutions
June 20, 2016
Silicon Valley is hot on agriculture, and an upcoming event in California will bring together the food and tech industries Read More
Monsanto Luling Plant
Eric SfiligojWhat’s Next For Monsanto?
May 31, 2016
For the folks at Monsanto’s headquarters in St. Louis, MO, it has been an eventful few weeks. Back on May Read More
Soybean Plant closeup
Industry NewsMonsanto Rejects Bayer Bid; Open To More Talks
May 25, 2016
Monsanto Co, the world’s largest seed company, turned down Bayer AG’s $62 billion acquisition bid as “incomplete and financially inadequate” Read More
Eric SfiligojPity The Monsanto Haters
May 23, 2016
An old saying goes thus: “Be careful what you wish for. You just might get it.” Given current events, there Read More
Monsanto Luling Plant
Crop InputsReport: Bayer Eyeing Monsanto For Possible Mega-Merger
May 16, 2016
Bayer AG is exploring a potential bid for U.S. competitor Monsanto Co. in a deal that would create the world’s Read More
Aerial Drone
Precision AgA Deeper Dive Into The Future Of Precision Ag
May 9, 2016
For about two decades now, through the good and the bad times, the ups and the downs inherent in agriculture, Read More
Latest News
Allen Summers Asmark Institute PSM Training
EmployeesAsmark Institute Sponsors 25 ResponsibleAg Auditor Trai…
June 21, 2016
The Asmark Institute has announced plans to provide 25 scholarships through their affiliated State fertilizer and agrichemical associations to help encourage Read More
Kennebec Elevator
CropLife 100Wheat Growers Celebrates Kennebec Elevator Grand Openin…
June 21, 2016
Over 250 patrons and guests were on hand to celebrate Wheat Growers’ Kennebec Elevator grand opening. South Dakota Secretary of Read More
Land O Lakes
Industry NewsLand O’Lakes To Acquire Ceres
June 20, 2016
Land O’ Lakes, Inc. and Ceres, Inc. have announced that they have signed a definitive merger agreement under which Land O’Lakes Read More
Food IT
Industry NewsCalifornia Event Will Mix Ag And Tech Professionals To …
June 20, 2016
Silicon Valley is hot on agriculture, and an upcoming event in California will bring together the food and tech industries Read More
LegislationVilsack Christens WinField Crop Adventure, Talks Monsan…
June 17, 2016
The WinField Crop Adventure grand opening ceremonies at Fair Oaks Farms (near Winemac, IN) welcomed USDA Secretary of Agriculture Tom Read More
Crop InputsFields of the Future: WinField Doubles Down with Agri-E…
June 16, 2016
Land O’Lakes, Inc., joined by Agriculture Secretary Tom Vilsack, today will host Fields of the Future, a live broadcast about Read More
Bayer sign
Crop InputsMonsanto Turns Back Bayer Again
June 14, 2016
Bayer AG’s bid to buy Monsanto Co. for more than $60 billion has hit an impasse that could pose a Read More
Young Corn Field
Crop NutritionNext Generation Of Nitrogen Efficiency Technology Conve…
June 13, 2016
Commodity price projections indicate farmers will continue to face tight margins again this year. Delivering higher yields and more bushels Read More
Industry NewsLa Crosse Seed Acquires Cover Crop Solutions Brand
June 10, 2016
La Crosse Seed announces that it is the new and exclusive owner of the entire family of brands of Cover Read More
ManagementTravel Plans and EU Rejection of Glyphosate, Biotech Cr…
June 9, 2016
Editors Paul Schrimpf and Eric Sfiligoj talk about upcoming trips and the latest in the European Union’s moves against glyphosate Read More
Aspire with Boron
Crop InputsStudy: Aspire with Boron Ups Alfalfa Yields
June 8, 2016
Alfalfa growers are successfully improving yields through the cutting season by applying an important micronutrient. In a recent study, The Read More
Industry NewsAGCO Announces Tragic Death of Longtime Employee
June 8, 2016
It is with deepest regret that we announce the passing of our dear friend, colleague and customer advocate-in-chief Kevin W. Read More
Wheat Field North Dakota
Industry NewsBASF Inks Northern Seed for Clearfield Wheat R&D Li…
June 6, 2016
BASF has licensed Northern Seed LLC to perform research and development of BASF’s proprietary and patented Clearfield technology in wheat. Read More
ManagementBayer/Monsanto, EU/Glyphosate, Corn/Soybeans
June 2, 2016
Editors Paul Schrimpf and Eric Sfiligoj discuss the latest regarding industry mergers, the glyphosate debate in Europe, and an update Read More
Growers looking at soybeans
Industry NewsKoch Licenses 2 Marrone Products For North American Dis…
June 2, 2016
Koch Agronomic Services (Koch), with support from its affiliate, Koch Biological Solutions, has secured exclusive rights to sell REGALIA Rx Read More
Gypsum
Industry NewsBeneficial Reuse Management Launches GYPSOIL BLENDABLE
June 2, 2016
Beneficial Reuse Management (BRM) has introduced GYPSOIL BLENDABLE, a new high-quality pelleted gypsum fertilizer that supplies 17% sulfate sulfur and Read More
StewardshipAgrible Joins Field To Market To Pursue Sustainable Sou…
June 1, 2016
Agrible, Inc. has joined Field to Market: The Alliance for Sustainable Agriculture as an associate member. As a leading multi-stakeholder Read More