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ARA Filed Comments Opposing EPA NPDES Proposal

Jan 12 2024

ARA filed comments to the U.S. Environmental Protection Agency (EPA) opposing its 2026 National Pollutant Discharge Elimination System (NDPES) Pesticide General Permit (PGP) proposal. 

ARA says this NPDES PGP should not be legally required for the application of pesticides if they are made in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) approved label.

EPA seeks to expand the PGP requirements with site monitoring and additional record keeping as well as possibly imposing joint and several liability provisions as part of the agency’s Endangered Species Act (ESA) plans. 

ARA remains concerned with the lack of clarity on the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA), which continues to be litigated in the federal courts. EPA should delay any changes to the PGP until major issues are resolved and work with Congress in support of HR 5089, the “Reducing Regulatory Burdens Act of 2023”, which would eliminate this unnecessary and redundant regulation.