EPA pesticide rules concern farmers

Proposed Illinois Environmental Protection Agency rules about pesticides raise growing concerns from farmers.

A U.S. Circuit Court ruling in 2006 ordered the EPA to set up a permit system for pesticide applications. An appeal on behalf of ag groups was rejected in 2009 and let the agency move forward with what's called a National Pollutant Discharge Elimination System permit or NPDES permit. It's to be developed and issued by April 2011.

"It's only applicable in six states that don't have delegation authority. Illinois like other states had to develop an NPDES permit on our own," says IEPA Industrial Unit Manager Darin LeCrone.

The court ruling says those permits will be required for all pesticide application over, near, or directly to water.

Winnebago County Farm Bureau President Earl Williams says that could mean a permit for every pesticide application.

"The time frame for getting NPDES permits is several months and worst case scenario, I could have an insect infesting my crops," Williams explains, "and if I have to go through this much red tape to spray it, the crop would be destroyed before I got permission to do anything."

LeCrone argues the new rules won't change things for most farmers.

"A vast majority of their pesticide application will not require an NPDES permit," LeCrone states. "Any application of pesticides directly to the land such as directly to the crops--as long as they're not spraying over, near, or directly to waters, then they won't need a permit."

But Williams worries about the definition of the word water and thinks it could be interpreted very strictly.

"There's been some interpretations that say that a pond that's run off from a cattle water hole would be considered a water of the state. So there's a legal question there that could make it difficult to come up with a solution," he says.

The court decision gave the USEPA and states till April 9 to develop the permit and provide outreach and education to the regulated community.