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

LegislationFall Fertilizer Transportation Could Be At Risk With Possible Rail Stoppage
October 1, 2015
Failure by Congress to extend the deadline for the implementation of Positive Train Control (PTC) on the railroads could gridlock Read More
LegislationEndangered Species Act, Pollinator Health Among Key Issues For CropLife America
September 7, 2015
Recently, CropLife® magazine had the chance to talk with CropLife America about the association’s key objectives and concerns. CropLife (CL): Read More
FertilizerTFI Weighs In On Fertilizer Rail Transport Bill
May 14, 2015
With today’s House Committee on Transportation and Infrastructure as a backdrop, The Fertilizer Institute (TFI) registered its support for policies Read More
LegislationGov. Kasich Signs Ohio Bill For Lake Erie Water Quality
April 2, 2015
Gov. John Kasich has signed a bill aimed at protecting Lake Erie and Ohio’s water quality, reports editorial staff at Read More
Top 100 Articles
Southern States Co-op Storefront
CropLife 100Southern States: Always Ag Authentic
October 1, 2015
If people were to judge a book by its cover when visiting Southern States Cooperative’s (SSC) Richmond, VA, corporate headquarters, Read More
Crop InputsLand ‘O Lakes, United Suppliers Finalize Merger
August 24, 2015
According to a press release on August 24, owners of United Suppliers, Inc. and members of Land O’Lakes, Inc. “have Read More
West Central Cooperative, Jefferson, IA
CropLife 100Iowa Cooperatives To Explore Unification
August 19, 2015
The boards of directors at two of Iowa’s leading farmer-owned cooperatives yesterday signed a letter of intent to study the Read More
CropLife 100Southern States Coop Hosting Drone Flight This Friday
August 3, 2015
Southern States Cooperative — No. 9 on the CropLife 100 — is hosting an FAA-approved drone demonstration at Grandview Farms Read More
CropLife 100Aligned Ag Distributors Adds Four New Owners
July 30, 2015
Aligned Ag Distributors LLC has announced the addition of four new customer/owners to Franklin Holding Co. LLC. They are: The Read More
CropLife 100Pinnacle Purchases California-Based Specialty Crops Retailer
July 20, 2015
Pinnacle Agriculture Holdings has successfully acquired California-based NH3 Service Co.  Operating as part of Pinnacle’s Performance Agriculture brand, the new locations Read More
Latest News
EquipmentPrecision Tank & Equipment: 50 Years Of Growing
October 4, 2015
Looking out onto the production floor of the fiberglass/stainless steel tank manufacturing facility in Ligonier, IN, David Hemming, president/CEO for Read More
Syngenta Sign
Crop InputsScience & Strategy Spur Syngenta’s Crop Protection …
October 3, 2015
Developing a crop protection portfolio is a lot of science and a little serendipity. “There are a number of things Read More
Dan Schaefer and Jason Solberg IFCA
StewardshipIllinois Fertilizer & Chemical Association: Tacklin…
October 2, 2015
You’ve got to be doing something right if lots of people keep coming to you for advice. That’s what’s happening Read More
LegislationFall Fertilizer Transportation Could Be At Risk With Po…
October 1, 2015
Failure by Congress to extend the deadline for the implementation of Positive Train Control (PTC) on the railroads could gridlock Read More
Weed ResistancePPO Resistant Pigweed Hits The Mid-South
October 1, 2015
If you’re a soybean grower already entangled in troublesome weed resistance in the state of Arkansas, Mississippi or Tennessee, you Read More
Weed ResistanceManagement Strategies That Worked In 2015
October 1, 2015
For better or worse, throughout many regions of the country 2015 provided the optimal growing season conditions for both crops, Read More
ManagementAn Update On CropLife America’s Meeting & The Outlo…
October 1, 2015
Editors Paul Schrimpf and Eric Sfiligoj review last week’s CropLife America Annual Meeting and how crop protection companies believe next Read More
Patriot 4440 Sprayer close up
Weed ResistanceManaging Herbicide-Resistant Weeds: The Importance Of ‘…
October 1, 2015
As the problem of herbicide-resistant weeds has spread, crop protection product suppliers have charged their top researchers with coming up Read More
Adjuvants loading
Weed ResistanceAdjuvants Trending Up For Fighting Weed Resistance
October 1, 2015
Gone with the wind are the days when adding an adjuvant to the spray tank was looked at with major Read More
Case sprayer nozzle closeup
Weed Resistance8 Best Management Practices For Spray Drift Control
October 1, 2015
Dr. Robert Wolf, Wolf Consulting & Research, LLC, Mahomet, IL, is one of the leading experts in drift management strategies. Read More
EquipmentUSC Releases New U-BATCH Treater
October 1, 2015
U-BATCH is one of the most versatile batch treaters on the market today, according to USC. Capable of treating most Read More
Southern States Co-op Storefront
CropLife 100Southern States: Always Ag Authentic
October 1, 2015
If people were to judge a book by its cover when visiting Southern States Cooperative’s (SSC) Richmond, VA, corporate headquarters, Read More
Industry NewsVerdesian Life Sciences Names New Vice Presidents For P…
September 30, 2015
As farmers seek advanced, innovative ways to keep their operations profitable and efficient, companies must rise to the challenge to Read More
Tim Glenn, Dupont Crop Protection
Crop InputsDuPont Crop Protection Appoints New President
September 30, 2015
DuPont has named Timothy P. Glenn as president of its Crop Protection business effective October 1, succeeding Rik Miller who Read More
Industry NewsYargus Expands Sales Force With Two Hires
September 30, 2015
Renee Sauvageau and Mike Etter have joined the Yargus Manufacturing, Inc. Sales Team, as Territory Sales Managers. Renee joined Yargus Read More
BlendersYargus Introduces New Layco Rotary Drum Blenders
September 28, 2015
Yargus has introduced the new 13- and 16-ton capacity Rotary Drum Blenders that have one of the highest capacities in Read More
Eric SfiligojMACA Young Leaders Speak
September 28, 2015
For the past several years, one of the highlights of the annual Mid America CropLife Association (MACA) meeting is hearing Read More
Screen capture of this week's Retail Week video featuring CropLife Editor Eric Sfiligoj and Executive Editor Paul Schrimpf as they examine the Ohio Farm Science Review and the CropLife 100.
ManagementOhio FSR Report And The Allure Of The iPad
September 24, 2015
Ohio Farm Science Review learnings and a CropLife 100 challenge from Editors Paul Schrimpf and Eric Sfiligoj in this edition Read More