Pesticide Permitting
The National Pollutant Discharge Elimination System (NPDES) permitting program regulates discharges from pesticide applications consistent with section 402 of the Clean Water Act (CWA). Point source discharges of biological pesticides and chemical pesticides that leave a residue in waters of the U.S. are required to comply with NPDES requirements. EPA and the states issue Pesticide General Permits (PGPs) under the NPDES program to offer coverage for pesticide operators. Activities not eligible for coverage under a PGP may be eligible for coverage under an individual permit.
The agency that issues an NPDES permit for discharges from pesticide applications depends on the location of those applications.
EPA is the NPDES permitting authority for pesticide discharges where the states are not authorized, specifically in:
- Massachusetts, New Hampshire, New Mexico, and Washington D.C.,
- All U.S. territories except the Virgin Islands,
- Federal facilities in Delaware, Vermont, Colorado, and Washington,
- All Indian Country except in Maine, and
- Lands of Exclusive Federal Jurisdiction.
EPA issues a PGP only for the areas described above, with the exception of certain Indian Country that must apply for an individual permit from EPA. The 2026 PGP replaces the 2021 PGP on October 31, 2026.
In the remaining areas, EPA authorizes the state or territory to develop and issue pesticide permits. Operators in those states or territories should contact their appropriate environmental regulatory agency for more information on permit requirements.
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