### RE: EPA Region 9

Dave Brown

to: Jordan Page
01/04/2010 11:16 AM
Cc:
"'Karl Malamud-Roam'"
Show Details

Mr. Page

T he Mosquito and Vector Control Asso ciation of California (MVCAC) has de veloped a committee to work with the California State Water Resources Control Board (SWRCB) st aff on developing the now required NPDES permit for mosquito control applications (larvicides and adulticides) . This committee has representatives from every region of the state of California along with a member from th e California Department of Public Health (CDPH). The committee recently had a meeting with the SWRCB staff in which the EPA Region 9 rep was present. Candidly, it appears Region 9 is driving the process of the California per mit, which seems to be inconsistent with the direction

of the national USEPA efforts as I know them.

Of specific concern(s):

1 The CDPH and the MVCAC have strongly recommended to the SWRCB that the industry needs a combined permit for both adulticides and larvic ides, (in other words, a "vector cont rol permit"). The SWRCB staff and the EPA Region 9 rep indicated to the co mmittee that we would have two sepa rate permits, on e for larviciding activities and one for adulticiding acti vities. The rationale for two permits, at least as expressed by the Region 9 rep, was that the residues after the pesticide is applie d and the beneficial uses ex hausted was of more concern
for adulticides than larvicides . This rationale seems to be in direct conf lict with the Sixth Circuit's ruling that now classifies ALL biological pesticides as pollutants (and therefore identifies many of the larvicides we use as pollutants, and not just their residues). If I am mistaken, please let me know.

T he SWRCB posted the draft permit on their website and solicited comments on the issue re g ardin g separate permits versus a combined permit. The SWRCB staff indi cated that they have not received any comments other than those initially submitted by the MVCAC and the CDPH (recommending a combin ed permit). The SWRCB staff seems to be ignoring the recommendations from the leaders in mosquito control in the state of California and the entities that would be most affected by the NP DES permit There seems to be a complete dismissal by water officials of the IPM approach to mosquito control (which does include adulticides). In fact, when it was mentioned that we may have districts simply not sign on to an adulticide permit (due to budget constraints) that would put the public at risk of mosquito-borne diseas es, the response was "we need to protect our water as well". As an industry we understand this, but we do no t see how separate permits minimize the protection of Califonia waterways unless the objective by the SWRCB sta ff (And EPA Region 9) is to eliminate adult mosquito

control.

2) There also does not seem to be any direction from Region 9 prompting the SWRCB staff to follow EPA's lead on the permitting process. While we kn ow states can be more aggressive in developing a permit as long as they meet the federal standards, it would be helpful if there was more direction from Region 9 to our State Water Board to follow the outline of the general permit that the USEPA is developing at this time.

Lastly, public health pesticides in California account for less than 1/3 of 1 percent of all pesticides reported. Despite having this information the SWRCB staff and the Re gion 9 rep seem solely dire cted at pursuing research monitoring protocols that our publicly funded Association may not be able to afford. It would be very prudent to follow EPA's lead on a general permit until this issue is so rted out a bit further and even more helpful if Region 9 would take a more proactive role in prompting that to happen.

T hank you for listenin g to my concerns and I look forward to your reply.....if I misunderstand somethin g please 

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...let me know.

David Brown Manager

SYMVCD

916-405-2059 

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