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IRRIGATED AGRICULTURAL HERBICIDE USES CONTINUE TO BE REGULATED UNDER EXISTING PESTICIDE LAW
Release Date: 03/29/2002
Contact Information:
FOR RELEASE: FRIDAY, MARCH 29, 2002
IRRIGATED AGRICULTURAL HERBICIDE USES CONTINUE TO
BE REGULATED UNDER EXISTING PESTICIDE LAW
David Deegan 202-564-7839 / deegan.dave@epa.gov
BE REGULATED UNDER EXISTING PESTICIDE LAW
David Deegan 202-564-7839 / deegan.dave@epa.gov
EPA today issued a statement clarifying that it will use regulatory and enforcement authority under the Federal Insecticide, Fungicide and Rodenticide Act, also known as FIFRA, to prevent the misuse of herbicides in agricultural irrigation systems. This statement is fully consistent with FIFRA and with the Clean Water Act, in which Congress specifically states, “[T]he Administrator shall not require a [Clean Water Act] permit...for discharges composed entirely of return flows from irrigated agriculture.” The statement confirms that lawful application of aquatic herbicides to ensure flow in an irrigation canal in a manner consistent with a federally-approved product label does not require a Clean Water Act permit. The Agency will continue to use its full enforcement authority under FIFRA to ensure that pesticides are used according to directions on EPA-approved product labels, and that such use does not result in unreasonable adverse effects to the environment. EPA’s statement is intended to resolve a degree of confusion created by the case Headwaters, Inc. v. Talent Irrigation District, which involved the misuse of an aquatic herbicide in an irrigation canal. The Agency’s statement confirms that the application of an aquatic herbicide to maintain an irrigation system, when done according to instructions contained on the product’s EPA-approved label, is governed by FIFRA and is exempt from the requirement to obtain a National Pollutant Discharge Elimination System (NPDES) permit under the federal Clean Water Act. This statement is part of the Agency’s ongoing effort to provide appropriate guidance to state and local partners, the regulated community and other stakeholders in a manner that will help ensure compliance with environmental laws. EPA will continue to work closely with States, the U.S. Department of Agriculture, irrigation districts, licensed pesticide applicators and grower representatives to ensure the proper use of pesticides according to approved label directions. To be clear, the statement addresses the issue of how the Clean Water Act irrigation return flow exemption applies in certain situations where there has been lawful use of an aquatic herbicide. In other circumstances where discharges are made into waters of the United States, FIFRA and the Clean Water Act may both be applicable and will be enforced. The full text of the Agency’s policy statement on this issue is available at: https://www.epa.gov/pesticides/ or at https://www.epa.gov/npdes under “What’s New.”
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