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

Syngenta Sign
Crop InputsSyngenta: Keep Ag In Mind During Election Season
February 10, 2016
As presidential candidates stake out their 2016 election platforms and key priorities, growers and their business partners should seek opportunities Read More
Legvold Farm, Northfield, MN
LegislationASA Notes Progress, Urges EU To Improve Biotech Approval Process
January 29, 2016
The American Soybean Association (ASA) urged the European Commission today to continue its work in addressing delays in the approvals Read More
LegislationARA, TFI: Retailers Urged to Consider PSM Compliance
January 20, 2016
In December, the Occupational Safety and Health Administration (OSHA) issued a revised Interim Enforcement Policy addressing enforcement of Process Safety Read More
United States Capitol Building in Washington D.C.
LegislationCongress Halts OSHA Overreach; Significant Victory For Ag Retailers
December 21, 2015
Congress just put the brakes on the Occupational Safety and Health Administration’s regulatory overreach. On July 22, OSHA released an Read More
Top 100 Articles
Elburn Cooperative
CropLife 100Elburn Cooperative Members Vote To Join CHS
December 28, 2015
With 81% of eligible producers voting, 94% cast an affirmative ballot for Elburn Cooperative, a diversified agricultural retailer based out Read More
West Central Cooperative, Jefferson, IA
CropLife 100Farmers Cooperative-West Central Merger Approved
December 21, 2015
The members of Farmers Cooperative Co. (FC), Ames, IA, and West Central Cooperative, Ralston, IA, have both approved the merger Read More
Wheat Growers Innovation Center, Bath, SD
CropLife 100Wheat Growers Opens Innovation Center
December 21, 2015
Wheat Growers’ commitment in providing its farmer-owners with the latest in technological advancements now has a one-of-a-kind focal point, as Read More
CropLife 100ARA Selects The Andersons As 2015 Retailer Of The Year
December 9, 2015
The Agricultural Retailers Association today named Maumee, OH-based The Andersons as its Retailer of the Year for 2015. The award Read More
CPS Washington Court House John Deere Sprayer
CropLife 100Application Equipment Report: It Is Easy Being Green For Top 100 Ag Retailers
December 5, 2015
On The Muppets television show, Kermit the Frog is famous for singing a song about the troubles he encounters in Read More
Fertilizer Bin
CropLife 100Fertilizer Sales: Another Down Year For Top 100 Ag Retailers
December 4, 2015
In pure number terms, the fertilizer category still dominates all crop inputs/services among CropLife 100 ag retailers. In 2015, for Read More
Latest News
Crop Protection Products in storage
Crop InputsNewsweek: World Is ‘Awash In Glyphosate’
February 11, 2016
The world is awash in glyphosate, the active ingredient in the herbicide Roundup, produced by Monsanto. It has now become Read More
Crop InputsEPA: Let’s Talk Imidacloprid, Bees On February 18
February 11, 2016
EPA will hold an online technical briefing on its preliminary pollinator risk assessment for imidacloprid, a neonicotinoid insecticide, on Feb. Read More
ManagementThe latest on Syngenta-ChemChina Deal
February 11, 2016
Executive Editor Paul Schrimpf invites Jackie Pucci and Dave Frabotta from sister publication AgriBusiness Global to discuss the latest developments Read More
AdjuvantsUniversity of Illinois Confirms Adjuvant’s Perfor…
February 11, 2016
An independent University of Illinois study has shown that WETCIT adjuvant, now with TransPhloem technology, provides greater herbicide uptake and Read More
Crop InputsSyngenta’s Acuron Flexi Receives EPA Approval
February 11, 2016
Growers looking to control their toughest weeds with flexibility will have access to Acuron Flexi corn herbicide from Syngenta, now Read More
EquipmentAGCO Showcases White Planters 9800VE Series Planters AT…
February 11, 2016
AGCO unveiled the new White Planters 9800VE Series planter during the 2016 National Farm Machinery Show in Louisville, KY. The Read More
EquipmentCase Unveils 2000 Series Early Riser Planter At NFMS
February 10, 2016
Case IH revealed the all-new 2000 Series Early Riser planter to media and attendees at the opening of the National Read More
Syngenta Sign
Crop InputsSyngenta: Keep Ag In Mind During Election Season
February 10, 2016
As presidential candidates stake out their 2016 election platforms and key priorities, growers and their business partners should seek opportunities Read More
Crop InputsMarrone Bio Innovations Submits New Bio-Fungicide For E…
February 9, 2016
Marrone Bio Innovations, Inc. (MBI) today announced that it has submitted a new biological fungicide (MBI-110) to EPA. The broad spectrum Read More
Crop InputsWeed Expert: Adding A Second Herbicide Not Always Easy
February 9, 2016
In my last post, I reviewed some recent research that suggests one of the best ways to delay the evolution Read More
Crop InputsGenetic Literacy Project: Farmers Need More Herbicide C…
February 9, 2016
There are two things that I think just about every weed scientist can agree on, writes Andrew Kniss for The Read More
HerbicidesWeed Expert Warns North Dakota Growers Of Coming Herbic…
February 9, 2016
Ford Baldwin painted a bleak picture of weed control at a recent workshop here exploring the future of ag production, Read More
HerbicidesWSSA Announces New, Updated Free Web Resources
February 9, 2016
Today the Weed Science Society of American (WSSA) announced that new and updated educational materials for both weed scientists and Read More
Soybean field
FungicidesFour Arysta Fungicide Formulations Given FIFRA Approval…
February 8, 2016
Arysta LifeScience North America recently announced the issuance of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 2(ee) Recommendations for Read More
FungicidesAgri-Fos Systemic Fungicide Plus Receives EPA Registrat…
February 8, 2016
Vivid Life Sciences has announced the EPA registration of Agri-Fos Systemic Fungicide Plus, a highly concentrated active ingredient phosphite fungicide, Read More
Crop InputsBayer Contests EPA’s Decision On Valuable Insecticide F…
February 5, 2016
Crop Science, a division of Bayer, has announced it has refused a request by the Environmental Protection Agency (EPA) to Read More
Wheat Field North Dakota
Seed/BiotechSyngenta Wins Seed Fraud Suit Against South Dakota Grow…
February 5, 2016
Syngenta has obtained a $25,000 settlement from Paul and John Mayclin, Mayclin Farms, Plankinton, SD, in response to their Plant Read More
ManagementOABA Annual Conference Wraps Up In Columbus
February 5, 2016
More than 300 Ohio AgriBusiness Association (OABA) members and industry professionals were on hand to engage in collaborative learning and Read More