OPINION/COMMENTARY

EPA Approves Chemical Control of Aquatic Weeds

Local governments and private individuals should not be required to obtain a special environmental permit prior to applying chemicals to control invasive aquatic weeds and other pests, ruled the U.S. Environmental Protection Agency in a January 25 interpretive statement. The guidance, if adhered to by the courts, will eliminate confusion that ensued after a federal appellate court in 2001 ruled a local water agency violated federal law by failing to obtain a National Pollutant Discharge Elimination System (NPDES) permit prior to applying a chemical to an irrigation canal for the purpose of controlling invasive aquatic weeds. Local governments have long used chemicals to control nuisance aquatic weeds and aquatic pests such as mosquito larvae. A small number of private individuals make similar aquatic chemical applications, but local governments, which care for most bodies of water, make the vast majority of chemical applications....

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