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EPA/WATER RIN: 2040-AF47 Publication ID: Spring 2013 
Title: ●National Pollutant Discharge Elimination System Regulation Revision: Removal of the Pesticide Discharge Permitting Exemption in Response to Sixth Circuit Court of Appeals Decision 
Abstract: This action removes 40 CFR 122.3(h) from the Code of Federal Regulations), where EPA had codified exclusions to National Pollutant Discharge Elimination System permitting for application of pesticides to waters of the United States on November 27, 2006 and which were subsequently vacated by the U.S. Sixth Circuit Court of Appeals on January 7, 2009. The U.S. Sixth Circuit Court of Appeals held in National Cotton Council, et al, v. EPA, that the 2006 final rule was not a reasonable interpretation of the Clean Water Act and that National Pollutant Discharge Elimination System permits are required for all biological pesticide applications and chemical pesticide applications that leave a residue in water when such applications are made in or over, including near, waters of the U.S. As of October 31, 2011, National Pollutant Discharge Elimination System permits are required for application of pesticides to waters of the United States. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 122.3(h)   
Legal Authority: 33 USC 1251 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  07/00/2013 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Prasad Chumble
Environmental Protection Agency
Water
7506P,
Washington, DC 20460
Phone:703 347-8367
Email: chumble.prasad@epa.gov

Katherine Telleen
Environmental Protection Agency
Washington, DC 20460
Phone:202 564-7933
Email: telleen.katherine@epa.gov