April 8, 2011 – Although the Nebraska Department of Environmental Quality had developed a proposed Pesticide General Permit and conducted a public hearing on the issue on March 22, 2011, the agency has decided to delay issuance of the permit, based on a deadline extension that was recently granted to the EPA.

On March 28, 2011, the U.S. Court of Appeals for the Sixth Circuit granted an EPA request for an extension of the deadline for when permits will be required for pesticide discharges into U.S. waters. The old deadline, April 9, 2011, has been extended to October 31, 2011. NDEQ does not intend to issue a state general pesticide permit until the new deadline.

Nebraska’s proposed NPDES General Permit NEP100000, relates to the application of pesticides for the control of pests to, over, or near waters of the state, provided the application is done in accordance with the eligibility requirements and other conditions and requirements set out in the General Permit.

Below are copies of a Fact Sheet regarding the proposed general permit, the proposed NPDES General Permit, and a link to a guidance document that includes a flow chart of who would be affected by the proposed permit:

Link: Pesticide General Permit: Guidance for deciding the need for a Notice of Intent


All comments made during the public comment period and from testimony at the public hearing will be considered prior to NDEQ making a final decision on whether to issue or modify the proposed general permit. However, the agency does not intend to issue the permit prior to the Oct. 31, 2011 deadline.