Update

Georgia EPD

Below is the final permit and supporting documents. You need to submit an NOI to the EPD within 30 days of going over the 8960 acre threshold for mosquito control. This ONLY applies to adulticides. If you truck spray, this is ~246 miles, taking into account a 300' spray swath.

You should continue to work on your PDMP, which will be required if you go over the 8960 acre adulticide threshold. This is to be kept filed at your agency and must be shown to anyone who asks for it.

http://www.georgiaepd.org/Documents/NPDESPesticideGeneralPermit.html.

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Information from the EPA

The EPA has finally put out therefinal document. Check out
http://cfpub.epa.gov/npdes/home.cfm?program_id=410

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Proposed Legislative Fix

INFO on House Bill HR 872

http://www.govtrack.us/congress/bill.xpd?bill=h112-872 http://agriculture.house.gov/pdf/legislation/HR872.pdf

INFO on Senate Bill S718 and HR872 in the Senate

The "Latest" Info :

The ad hoc coalition has been advised by Senator Roberts (Ranking on the Senate Agriculture Committee) and Senator McConnell's (Senate Minority Leader) staff that there is no way that Senator Boxer is going to release her hold on HR 872, and the Senate Majority leader has advised that he is not prepared to override one of his committee chairman to force a vote on 872. While there are ~65-67 affirmative votes for its adoption, the number of Democrats in support represents less than 50% of the Senate Democratic caucus. However, Senator Reid and Senator McConnell have discussed this issue and they are willing to push for a legislative extension of the status quo to stay the October 31, 2011 effective date. To that end, it was indicated that while everyone preferred adoption of 872 and there has certainly been a lot of effort towards getting Senate support, it was recognized that continuing to stay the effective date of the NPDES requirement was important. October 31 is fast approaching.

The principals for such an approach include:
1. A multi-year stay.
2. The stay would preclude the administrative requirement of filing for a permit as well as the ability for a plaintiff to have a legitimate basis for filing a citizen suit during such period.
3. The continued ability to press for adoption of 872. This could include for example, including it as part of the regulatory reform section of the Farm Bill, assuming there will be a Farm Bill.

Mechanically, it is not yet known what process its adoption would follow ie., whether it would be included as part of the Senate Agriculture Appropriations bill, or a standalone bill passed on the Unanimous Consent calendar. In any event, whatever happens will have to go to the House for approval as well.

EPA's Proposed Benefits from NPDES and the AMCA rebuttal:

At the annual AMCA Conference in Anaheim, an EPA official cited 6 purported benefits that will be realized from imposition of NPDES requirements on public health pesticide applications. At first glance, these may seem reasonable to individuals outside of the vector control community. A closer look, however, reveals some substantial flaws in their underlying reasoning. Be advised that these “benefits” are likely to be used by legislators or activists in support of the 6th Circuit Court of Appeals decision or by means of arguing that a legislative fix is unnecessary. AMCA disputes this rationale and is providing the following facts that call into question these benefits and their relevance to mosquito control operations.