Monday, December 18, 2006

EPA Shenanigans

On Monday Waterkeeper Alliance, Peconic Baykeeper and Long Island Soundkeeper filed a challenge against EPA in the Second Circuit to overturn their new rule which interprets that the word "pollutant" excludes pesticides.

Under current federal law, a Clean Water Act permit is required whenever a pollutant is discharged into a water of the United States. Under the new rule, pesticides are not considered pollutants and can be applied directly into water or sprayed nearby or onto foliage over water without a pollution permit, so long as it is done in accordance with its labeling instructions, and as long as the pesticide is intended to target the pests, and getting the pesticides into the water is "unavoidable."

The EPA claims that pesticide labels are sufficient to guarantee protection of water, but most of these chemicals are not designed for use in water and the impacts of most of these chemicals to aquatic ecosystems have not been studied. Many of these chemicals are toxic to aquatic plants and animals, and they are not removed by the most common water treatment processes. We will keep you posted.