SURVEILLANCE, and the EPA NPDES Pesticides General Permit (PGP) Rosmarie Kelly Public Health Entomologist Georgia Division of Public Health
What are NPDES permits? As authorized by the Clean Water Act (CWA), the NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States (http://cfpub.epa.gov/npdes/).
PROBLEM pesticides are NOT pollutants pesticides are licensed by EPA some pesticides are labeled for use in water the LABEL is (already) the LAW
So, what does this have to do with mosquito control? Since its inception, the EPA has regulated mosquito control through enforcement of standards instituted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA covers the production, labeling, use, and safety of pesticides, but how pesticides were applied was a point of contention for some environmental groups . Over the past 10 years, many lawsuits sought to determine whether the Clean Water Act (CWA) covered pesticide applications.
Public health officials across the country are considering widespread spraying of pesticides to control the mosquito-borne West Nile virus. Anti-pesticide environmentalists claim spraying will devastate bird populations and other wildlife, but sound science shows the pesticides are safe and necessary. The Controversy
“ The application of a pesticide to waters of the United States consistent with all relevant requirements under FIFRA does not constitute the discharge of a pollutant that requires an NPDES permit in the following two circumstances: 1. The application of pesticides directly to waters of the US to control pests. Examples of such applications include applications to control mosquito larvae, aquatic weeds, or other pests that are present in waters of the US; and 2. The application of pesticides to control pests that are present over waters of the US, including near such waters, where a portion of the pesticides will unavoidably be deposited to waters of the US to target the pests effectively; for example when insecticides are aerially applied to a forest canopy where waters of the US may be present below the canopy or when pesticides are applied over or near water for control of adult mosquitoes or other pests.” Nov. 27, 2006 - Final CWA Pesticides Rule
Challenge to 2006 Rule √ In December, 2006 petitions for review were filed in all 11 Circuit Courts. Petitions were consolidated in the 6th Circuit Court of Appeals. √ On 1/7/09 the 6th Circuit vacated the CWA pesticides rule, stating that the rule was not a reasonable interpretation of the CWA. · Biological pesticides – Court considered “biological materials” a “ pollutant ” under the CWA stating all biological pesticides are pollutants because they “undeniably alter the physical integrity of the waters.” · Chemicals pesticides – Court considered “chemical wastes” pollutants also stating that chemical pesticides are pollutants if they leave a residue (or “waste”). √ On 06/08/09, the 6th Circuit granted EPA’s request and ordered a two year stay of the mandate until 04/09/11. Background
Result of Court Actions √ Bottom Line: EPA’s rule stating that NPDES permits are not required for pesticide applications applied to or over, including near waters of the US, remains in effect until April 9, 2011. √ As of April 9, 2011, discharges into a water of the US from pesticide applications will require coverage under an NPDES permit.
"Landing Rate" - the number of mosquitoes that land on the observer over a designated period of time. It is suggested that they be taken over either a 1 or 5 min period. If the landing rates exceed 50 in 30 sec, the interval can be shortened to protect observers that are expected to conduct numerous counts. Landing rates may involve identification, but they are normally employed in areas where a single, known species is the sole cause of annoyance.
THIS WILL VARY ACCORDING TO LOCATION, MOSQUITO SPECIES, AND HUMAN POPULATION
Landing counts are useful for determining if adult mosquito control is needed. Landing counts should be done at the time of day when the mosquitoes are said to be active. If this is not possible, stand in a shady area when taking the landing counts.
An action point is a trigger for initiating a control measure. It is a point at which pest populations or environmental conditions indicate that pest control action must be taken USING THE DATA – when should control occur
For nuisance species, a threshold can be set based on numbers of complaints and/or mosquito population size. EIL – economic injury level; angry population ET – economic threshold; acceptable level of complaints number of complaints