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Phragmites.org
This page is http://www.stewartfarm.org/phragmites/newsletters/51-60.php
This site hosted by StewartFarm.org, 2007 Stewart Road, Harsens Island, Michigan 48028.
Phragmites.org Newsletter Archives 51-60
March 16, 2009 through July 19, 2009
presented below in reverse order
Phragmites.org Newsletter #60 - July 19, 2009
Phragmites blamed for deadly car crash
Here's one more reason to control Phragmites.
http://www.thetimesherald.com/article/20090627/NEWS01/906270302
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #59 - July 10, 2009
Phragmites Control Workshop August 1, 2009
Stewart Farm, Phragmites.org and
The Southeast Michigan Lakeplain Cluster of
The Stewardship Network
present
Practical Phragmites Control Workshop
Saturday, August 1, 2009 at 1 PM
Stewart Farm, 2007 Stewart Rd., Harsens Island, MI 48028
Phragmites is the common reed plant which has taken over many or our natural areas. It out competes the native plants and creates a monoculture of reeds. It reduces the biodiversity of plants and therefore the biodiversity of animal life. It limits views, limits access to lakes, rivers and canals for recreational purposes, reduces property values and is a fire hazard. This presentation will concentrate on the practical aspects of small scale Phragmites control. The control recommendations are based on MDEQ and DNR research and publications. A presentation will be followed by a demonstration of the preparation and treatment process. Attendees are welcome to visit the Stewart Farm Lakeplain Prairie following the workshop.
There is no charge for this event though donations to The Stewardship Network are welcomed.
Click here to register
For questions contact Bob Williams - 248-388-0465, Bob@StewartFarm.org
For a map to the farm go to http://www.stewartfarm.org/map.pdf
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #58C - July 7, 2009
Another Phragmites permit requirements update
In newsletter #58B we passed along the following email which we received from
a reader.
"Just a reminder that DEQ changed their phragmites permit requirements
this year. Larger areas along the Great Lakes and Lake St. Clair (not inland)
can apply for a single permit for only a $75 fee. Acreage does not matter.
Individual property owners do not need to apply for a separate permit, as
long as the only species they are treating is phragmites. DEQ has said that
they would permit up to an entire township, so if someone was willing to organize
signatures for permission to treat, Harsens Island could likely be only one
permit with significant savings to each property owner."
I called today to speak to the permit division of the DEQ and have to report that the above statement is only partially true. True, we can group under one permit and save on permit costs, however, to include multiple properties on one application will require more than just owner signitures. We still need to submit a site sketch with area calculations on each property and will need to submit a location map showing the general relationship of the various properties proposed for treatment. It is easier than each owner filling out their own application and paying $75 each.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #58B - July 3 , 2009
Phragmites permit requirements update
In response to newsletter #58 yesterday I received the following note from
Vickie at Wildlife and Wetlands Solutions. Thanks Vickie.
Hi Bob,
Just a reminder that DEQ changed their phragmites permit requirements this
year. Larger areas along the Great Lakes and Lake St. Clair (not inland) can
apply for a single permit for only a $75 fee. Acreage does not matter. Individual
property owners do not need to apply for a separate permit, as long as the
only species they are treating is phragmites. DEQ has said that they would
permit up to an entire township, so if someone was willing to organize signatures
for permission to treat, Harsens Island could likely be only one permit with
significant savings to each property owner.
Have a great 4th!
Vickie Smith
Wildlife and Wetlands Solutions, LLC
2517 Holland Circle
Traverse City, MI 49684
(231) 943-0762
www.wildlifewetlands.com
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #58 - July 2, 2009
TIME TO SUBMIT FOR YOUR PERMIT?
If you need a permit from the DEQ to spray your Phragmites it's time to get
your application in. Permits can take four to six weeks to process. If you
apply now you can probably get your permit by early to mid August, just in
time to start spraying. You probably know by now that the middle of August
is the time that conditions are usually right for beginning to treat the Phragmites.
If you are wondering if you need a permit you might find the information
you need on the Phragmites.org "Phragmites Control - Permits" webpage
at
http://www.stewartfarm.org/phragmites/permits.php
or on the State of Michigan, Department of Environmental Quality webpage,
"Permitting Information for the Chemical Treatment of Aquatic Nuisance
Plants and/or Algae"
http://www.michigan.gov/deq/0,1607,7-135-3313_3681_3710-134667--,00.html
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 57C - June 26, 2009
Shortcut to Phragmites Control Webcast tomorrow and Sunday.
In newsletter #57 we announced that the Stewardship Network is having a week-long
Webcast-A-Thon which is due to wrap up on Sunday. Tomorrow, June 27, starting
at 10 am and all day Sunday, June 28 you will be able to access all of their
webcasts from their archives.
One of the offerings is "Phragmites Control - Lessons from the field:
research and control." To directly access this webcast archive go to
http://www.instantlyglobal.com/WebConference/RecordingDefault.aspx?c_psrid=EA53DE8181
To access the page listing all of the webcasts available during the weekend
go to
http://www.stewardshipnetwork.org/site/c.hrLOKWPILuF/b.5231609/k.951F/WebcastAThon.htm
To go to one of the webcasts listed click on the picture of the microphone
next to the webcast description.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 57B - June 22, 2009
Shortcut to Phragmites Control Webcast today.
In newsletter #57 we announced that the Stewardship Network is having a week-long
Webcast-A-Thon starting today. Each day this week starting at 10am there are
three webcast archives which you can access anytime you like up until 10am
the next morning. On the weekend of June 27 & 28 you will be able to access
all of their webcasts from their archives.
One of today's offerings is "Phragmites Control - Lessons from the field:
research and control." To directly access this webcast archive go to
http://www.instantlyglobal.com/WebConference/RecordingDefault.aspx?c_psrid=EA53DE8181
To access the page listing all of the webcasts available during the webcast-a-thon
go to
http://www.stewardshipnetwork.org/site/c.hrLOKWPILuF/b.5231609/k.951F/WebcastAThon.htm
To go to one of the webcasts listed for the day click on the picture of the
microphone next to the webcast description.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 57 - June 18, 2009
Free Phragmites Control Webcast available Monday June 22, 2009.
The Stewardship Network is having a Webcast-A-Thon starting this Monday. Monday's
offering includes one on Phragmites Control. See the full list below. To access
the free webcasts next week go to http://www.StewardshipNetwork.org
Introducing the Stewardship Network's First Webcast-A-Thon!
Beginning Monday, June 22nd, 10:00 a.m. through Sunday, June 28th, 10:00 p.m.
Remember the days of "Christmas Story" Marathons and all of your
favorite oldies-but-goodies on Turner Classic Movies? Well, sit back and enjoy
all of your favorite Stewardship Network Monthly Webcasts free and at your
own leisure.
Check out the FREE webcast schedule below:
Monday, June 22nd, 2009: Wetlands
"Deer Management"
"Beavers in Natural Area Restoration"
"Phragmites, Lessons from the Field: Research & Control"
Tuesday, June 23rd, 2009: Invasives
"Asian Bush Honeysuckle Control"
"Garlic Mustard 2009 and Challenge Kick-Off"
"Factors to Consider BEFORE Restoring Areas Invaded by Woody Shrubs"
Wednesday, June 24th, 2009: Organizations
"How to Run a Volunteer Workday and Develop Long-term Stewardship Volunteers"
"Determining Stewardship Costs"
"CWMA (Cooperative Weed Management Areas)"
Thursday, June 25th, 2009: In the Air!
"Raptors!"
"Managing for the Federally Endangered Karner Blue Butterfly"
Friday, June 26th, 2009: Getting Down to the Nitty-Gritty
"History and Future of Soils in Restoration Ecology"
"Does Genotype Matter? Insights from Evolutionary Biology"
"A Lifetime of Lessons Learned in Natural Areas Stewardship"
Saturday and Sunday, June 27th-28th: Re-Reuns
All Archived Stewardship Network Monthly Webcasts
Turn up the volume and listen in as you make dinner, or just grab some popcorn
and Milk Duds, sit back and enjoy! We really hope that you will be able to
join us!
Why a Webcast-A-Thon?
1) So we can share with you the neat features, wealth of information, and
wide variety of topics that our Webcast line-up offers
2) To let you experience the convenience of having free Monthly webcasts at your fingertips-- a feature you can enjoy at the $100 Stewardship Network Membership level.
3) To show off our Monthly Webcast collection-- We wouldn't be able to host
them without your continued enthusiasm and support for them. We encourage
you to check out our Need Water to Grow Fundraising Campaign. Click Here to
Check out the Campaign.
Thank you!
The Stewardship Network Staff
The Stewardship Network
416 Longshore Dr.
Ann Arbor, MI 48105
(734) 996-3190
www.stewardshipnetwork.org
mhendricks@stewardshipnetwork.org
emittendorf@stewardshipnetwork.org
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 56B - June 18, 2009
Further info on Phragmites Workshop in Petoskey, MI coming up Friday
Hi all,
Sorry we did not get word out sooner - has been very busy in the water world
of Northern Michigan. I wanted to let everybody know that there is still room
in this workshop, so if interested please contact Nancy or me ASAP (free lunch
included!). I'll paste a draft agenda below.
Sincerely,
Kevin Cronk
Monitoring and Research Coordinator
Tip of the Mitt Watershed Council
http://www.watershedcouncil.org
(231) 347-1181 ext. 109
8:30 am Registration
9:00 am Welcome Nancy Salar, Emmet Conservation District
9:05 am Phragmites overview Kevin Cronk, Tip of the Mitt Watershed Council
9:55 am Regional Phragmites update Valerie Olinik-Damstra, Tip of the Mitt
Watershed Council
10:10 am Break
10:25 am Impact of Phragmites in Brentt Michalek, Emmet County Planning, Zoning,
Wisconsin & Construction Resources
11:00 am Phragmites identification Jackie Pilette Little Traverse Bay Bands
of Odawa
11:50 am Permitting procedures (DEQ) Nancy Salar, Emmet Conservation District
11:55 am How can you get involved Nancy Salar, Emmet Conservation District
noon LUNCH ~ OPEN NETWORKING
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 56 - June 17, 2009
Phragmites Workshop in Petoskey, MI coming up Friday
The Emmet Conservation District and Tip of the Mitt Watershed Council invite
the public to attend a "Invasive Phragmites" informational workshop
to be 8:30 a.m.-noon Friday, June 19, at the Bear Creek Township Hall, 373
N. Division Road in Petoskey.
Participants will learn about phragmites, how to identify it, what the problems are, and what can be done to help control the spread of it.
Lunch will be provided free of charge along with the workshop; RSVP by Monday, June 15 to Nancy Salar 439-8996 or email nsalar@emmetcounty.org.
I realize the RSVP deadline has passed, but, I just found out about this. - Bob W.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 55 - June 11, 2009
TIME TO SUBMIT FOR YOUR PERMIT?
If you need a permit from the DEQ to spray your Phragmites you might want
to start working on your application. Permits can take six weeks to process.
If you apply in the next three weeks you can start your spraying in mid August.
You probably know by now that mid August is the time that conditions are usually
right for beginning to treat the Phragmites.
If you are wondering if you need a permit you might find the information
you need on the Phragmites.org "Phragmites Control - Permits" webpage
at
http://www.stewartfarm.org/phragmites/permits.php
or on the State of Michigan, Department of Environmental Quality webpage,
"Permitting Information for the Chemical Treatment of Aquatic Nuisance
Plants and/or Algae"
http://www.michigan.gov/deq/0,1607,7-135-3313_3681_3710-134667--,00.html
Other permit news
We have heard that Michigan's economic problems may result in this permit
process being passed off to the Federal Government. My guess is that obtaining
a permit from the Federal Government will be more work than getting it from
the State. Luckily this change in permit process is not expected to take place
until after this year's fall treatments.
Also, on a national level, there is a movement to stop all spraying over
water of herbicides such as Glyphosate which leave a residue in the water.
Court action was initiated a few months ago but this Monday, June 10, the
Sixth Circuit Court of Appeals granted an EPA's motion to stay the mandate,
in effect postponing a controversial decision made earlier that any chemical
application would require a permit. This gives the EPA until April 9, 2011
to develop, propose, and issue permitting procedures. It requires that "any
chemical pesticide applications in and over, including near, waters of the
U.S. that leave a residue or excess in water, and all biological pesticide
applications that are made in or over, including near, waters of the U.S."
require Clean Water Act permits. EPA estimates that the ruling will affect
approximately 365,000 pesticide applicators that perform 5.6 million pesticide
applications annually.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #54C - April 25, 2009
Is it time to stop burning Phragmites?
On April 20th I wrote: "P.S. - Time to stop burning your Phragmites -
The time to burn your Phragmites is pretty much over. The frogs are out there
calling for mates."
The next day I passed along a comment from David Mindell or PlantWise which read:
"Bob, I don't agree that it's time to stop burning Phragmites. This is really site-specific. Some spots may be frog-rich, while others may be thin on wildlife (especially since Phragmites is such poor habitat) or have good habitat immediately adjacent that could serve as refugia...David
I have since received the following two comments:
"It is frog and other critter time whether you hear them or not. In my humble opinion it IS time to stop the burning. Nelson in Vermont"
"Hi Bob,
I agree with you that this is not the time of year to burn phragmites. In
addition to the impacts burning can have on nesting amphibians, birds and
ducks, burning in the spring can actually stimulate phragmites growth. Ideally,
prescribed burns should be performed in mid-July through August the year following
an herbicide treatment. If a summer burn is not possible, burning should be
completed during the winter, prior to spring green up (January through March).
Please see http://www.michigan.gov/documents/deq/deq-ogl-ais-guide-PhragBook-Email_212418_7.pdf
for more information.
Tracy Collin
Department of Environmental Quality
Land and Water Management Division
Great Lakes Coastal Wetland Ecologist"
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org
which says "remove." Archived copies of past newsletters are available
online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info
for general information on phragmites and http://www.phragmites.org for detailed
information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #54B - April 21, 2009
Maybe it's not time to stop burning Phragmites
Yesterday I wrote: "P.S. - Time to stop burning your Phragmites - The
time to burn your Phragmites is pretty much over. The frogs are out there
calling for mates."
I received the following comment from David Mindell. He has a good point.
"Bob, I don't agree that it's time to stop burning Phragmites. This is really site-specific. Some spots may be frog-rich, while others may be thin on wildlife (especially since Phragmites is such poor habitat) or have good habitat immediately adjacent that could serve as refugia....david
David Mindell
PlantWise, LLC
224 Charles Street
Ann Arbor, MI 48103
phone (734) 665 7168
fax (734) 769 6981
www.plantwiserestoration.com"
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter #54 - April 20, 2009
So, you think you've got problems controlling Phragmites?
Here in Michigan we cut or burn and spray our Phragmites with herbicide at
the right time of the year for a few years in a row and we can get it under
control, though not totally eradicated. In Ontario, Canada there is no herbicides
approved for use in or over water. To add to that, starting this Wednesday,
April 22, 2009 in Ontario there is a ban on the use of all cosmetic pesticides,
including Glyphosate-based products, even on dry land.
An Ontario private landowner who would like to use Glyphosate on Phragmites may apply for a written opinion (that is like an appeal for exception to the rule) from the Ontario Ministry of Natural Resources that states that the pesticide will be used to control an invasive species that may be detrimental to the health of a person, the environment or the economy of Ontario. The landowner might then receive approval to use Glyphosate on Phragmites on dry land.
Unfortunately no Glyphosate based herbicides without surfactants have ever been approved for use in Ontario. That means the products they have at their disposal are RoundUp-type with surfactants that are toxic to aquatic organisms. Even if they were allowed to use Glyphosate over water they don't have available within the province any that are safe to use near water.
Now, if you think that is tough, how about trying to control Phragmites on Walpole Island, First Nation, in the delta of the St. Clair River. Their tribal traditions restrict them from using any herbicides at all, over water, over dry land, anywhere at anytime.
P.S. - Time to stop burning your Phragmites
The time to burn your Phragmites is pretty much over. The frogs are out there
calling for mates.
_____________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 53 - March 29, 2009
Progress is being made on biological control for Phragmites
In a recent article on pressofAtlanticCity.com called "Phragmites' last
stand?" the author wrote:
"After a decade of studies, scientists at Cornell University have narrowed a field of 150 different species of fungus, pathogens and insects down to four moths that, if released into the wild here, could potentially attack and kill the invasive form of phragmites. Bernd Blossey, associate professor at the university and lead researcher on the project, said any release of the species would not be for another three to five years, since they are currently being carefully studied in Rhode Island and Switzerland."
The full article is available at:
http://www.pressofatlanticcity.com/183/story/440727.html
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org
Phragmites.org Newsletter # 52B - March 24, 2009
More on Recent Court Decision
In response to Newsletter #52 - "Recent Court Decision Could Hinder Our
Phragmites Control Efforts" I received the following email from Gary
Crawford from Superior Environmental and Aquatic Services.
Basically what this will do is require NPDES permits to use the herbicides
that we use to control phragmites. This will likely result in the promogulation
of rules, regulations and procedures concerning monitoring and residue testing
at an additional costs to the applicant. We have seen this coming for a few
years now based on what has occurred in the State of Washington see link at
http://www.martenlaw.com/news/?20090123-npdes-aquatic-pesticides for a summarization
of the history. As a company we are prepared to do what is necessary to control
and manage phragmites but will our services remain affordable? We desire that
federal and state resources are made available to offset future increases
costs once these costs are known. Although I agree with the need to be extremely
careful with our surface waters which are our most precious resource. It is
our opinion that laws that make it more difficult to conduct activities that
benefit the environment should be written with consideration of additional
cost to the environment that may arise as a result.
Gary W. Crawford
Senior Environmental Professional
Superior Environmental and Aquatic Services LLC
301 Brookside Drive
Ann Arbor, Michigan 48105
Main Office Phone 248.830.2332
Email. gcrawford@seasmi.net
Website. www.seasmi.net
Thank you Gary for your comments and the additional information on the subject.
I found reading the details in the link you provided very helpful.
Bob Williams
Bob@phragmites.org
StewartFarm.org
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Phragmites.org Newsletter # 52 - March 20, 2009
Recent Court Decision Could Hinder Our Phragmites Control Efforts
Thank you to Chuck Miller of Harsens Island for sending this on to us.
Sorry for the length of this one but I will try to summarize the long version below in one paragraph.
If a recent court decision stands without appeal and reversal it would mean that aquatic herbicides sprayed on Phragmites in water would be considered pollutants. Any person or organization spraying Phragmites in water will be exposed to citizen lawsuits or federal non-compliance penalties. If this court decision is not reversed it could place a major stumbling block in our path to controlling Phragmites.
Bob Williams
Bob@phragmites.org
StewartFarm.org
TO ALL,
Please send this out to as many people as you can. The goal is get as many letters, emails and fax to EPA as possible in a weeks time.
BACKGROUND INFORMATION
On January 7, 2009 the Sixth Circuit Court of Appeals handed down a ruling
that could have far reaching impacts on our ability to control Phragmites
in aquatic settings. The complete ruling in The National Cotton Council of
America v. EPA is available at: http://www.westernlaw.org/files-1/09a0004p-06.pdf
In summary, the U.S. Court of Appeals for the Sixth Circuit has vacated an
EPA rule that pesticides applied over or near water in accordance with FIFRA
are not pollutants and therefore do not require an NPDES permit under the
CWA. In the January 7th decision, a three-judge panel shot down EPA's defense
that claimed the CWA is ambiguous as to whether pesticides are pollutants,
and that its rule is a reasonable interpretation of the stature and entitled
to deference. The decision is the latest development in a legal battle between
EPA and both environmental and industry groups over the agency's November
2006 rule. Environmental groups argue that pesticides are clearly considered
pollutants under CWA, thus requiring a permit, while industry groups claim
the opposite.
Under the CWA, entities that emit pollutants from a point source into U.S.
waters must obtain an NPDES permit. Under the statute, the definition of pollutants
includes chemical wastes.
EPA defended its rule, arguing before the court that pesticides applied for
their intended purpose are not chemical wastes because they serve the purpose
of controlling pests. The agency acknowledged that pesticide residues that
remain in the water following application are a waste and therefore a pollutant
under CWA. However, EPA claimed that only a pesticide is discharged from a
point source, not residues - therefore, pesticides at the time of discharge
don't require an NPDES permit because they are not yet residues.
The panel agreed that not all pesticides are pollutants, but took exception
with EPA's residue argument.
Again it is important that EPA hears the opinion of members of the aquatic
industry. Attached is an example letter to the EPA administrator urging the
EPA to file a motion for hearing en banc (all fifteen judges) with the 6th
Circuit Court. It also requests the EPA to consider filing a motion to stay
the mandate.
You are strongly urged to provide your comments to the EPA regarding this matter. You can use any or all of the attached example in your communication. Feel free to modify to fit your purposes. For your convenience, the attached document can be copied and pasted into an email to the EPA Administrator and sent to jackson.lisa@epa.gov.
The importance of the EPA hearing from you on this matter cannot be overemphasized. Please take action now.
PROPOSED VERBIAGE....
The Honorable Lisa Jackson
Administrator
Environmental Protection Agency
Ariel Rios Federal Building
1200 Pennsylvania Avenue, NW
Room 3000
Washington DC 20460
jackson.lisa@epa.gov
fax (202) 501-1450
Dear Administrator Jackson :
The Nation's battle against invasive and nuisance aquatic species has potentially
been put in jeopardy by the recent 6th Circuit Court of Appeals decision to
vacate the EPA's 2007 "Final Rule" exempting certain pesticide applications,
compliant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA),
from requiring National Pollution Discharge Elimination System (NPDES) permits
under the Clean Water Act (CWA). In response to this Court's action and their
added interpretations of definitions presented in this decision, we request
your Agency file an appeal to the decision before an en banc panel of the
6th Circuit. Without these corrections, commercial aquatic pesticide applicators
and/or their customers, plus many others making legal pesticide applications
will be exposed to citizen lawsuits or federal non-compliance penalties in
the near future. The possible unintended consequence of this decision will
negatively impact operational control efforts in the Nation's waterways specifically
regarding flood control, navigation, hydro power generation, drinking water
quality, fish and wildlife habitat, irrigation, recreation, property values,
aquatic ecosystem biodiversity and human health. Another concern and probable
unintended consequence may be the public self treating of water bodies due
to the cumbersome nature and additional burden of the Court's decision.
In the Final Rule, EPA correctly interpreted the provisions of the Clean Water
Act as not intending to require NPDES permits for pesticide application in
certain defined circumstances. The Final Rule states a permit is not required
for application of pesticides directly into, over, or near waters of U.S.
(e.g., application to forest canopy), providing the application is in compliance
with relevant FIFRA requirements. In these circumstances, EPA cited that the
pesticide application is not a discharge of a "pollutant", as defined
under the CWA. Instead, the pesticide is a useful product, not a "waste",
when it is released from the application equipment. The CWA definition of
"pollutant" includes "chemical waste" and "biological
material," neither of which applies to legally applied pesticides. The
EPA Final Rule was properly and intentionally based on science and asserted
that EPA registered products labeled for use in the aquatic environment meet
the stringent testing and regulatory review requirements under FIFRA. As such,
these products when used in accordance with their respective label requirements
provide an intended benefit. The environmental fates of these products are
known and well documented based on the nearly 200 individual tests required
to receive aquatic label approval by the Agency. Therefore, they are not considered
pollutants.
However in the Court's vacating of the rule, the panel held that if some pesticide
enters waters of the U.S. as a result of pesticide application, the application
is a discharge of a "pollutant." An exception is made only for applications
of aquatic chemical pesticides that "leaves no excess portions after
performing its intended purpose." It could be and should be argued that
if the aquatic pesticides are used in accordance with FIFRA, then indeed they
are not applied in excess and as long as they can be detected, are still performing
their intended purpose. The Court's interpretation is far too broad to afford
suitable protection from legal challenges.
We strongly urge the EPA to file a motion for rehearing en banc with the 6th
Circuit Court. As it stands now, virtually all pesticide applicators and applications
including those conducted for controlling harmful invasive species, protecting
public health and supporting the agricultural economy through crop protection
could be threatened with citizen lawsuits. The broad definitions of "pollutant"
and "discharge" in this decision could even extend to non-pesticidal
applications of chemicals such as road salt and exhaust emissions, should
either particulates or chemical by-products indirectly enter water. Whereas
the current NPDES permitting system is not reasonably capable of handling
either the volume or nature of this new set of legal parameters, we further
request the Agency to file a motion to stay the mandate for at least 18 -
24 months, should the Court not overturn its original decision.
Based upon these potentially significant ramifications of this Court's decision,
we strongly urge you to file a petition for rehearing before the deadline
of April 9, 2009 . In conjunction, we ask your consideration to file a motion
to stay the mandate for reasons cited above.
Thank you for your prompt consideration and response to this matter.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Phragmites.org Newsletter # 51 - March 16, 2009
Does someone have research on native plant return after Phrag?
I got an email from Pam Grassmick on Beaver Island, Michigan. She is looking
for research to support the statements that the native plant and animal populations
will rebuild from the seed bank after we get rid of the Phragmites.
She said:
"Can anyone find literature/research to suggest that native plant/animals
population return after invasives are removed? Right now funders are not interested
in fighting Phragmites because we are lacking research to show effectiveness
at restoring habitat and native species."
I did find one document at:
http://basineducation.uwex.edu/uppergb/special/shoreline/pdf/DevanyPlentovichThesisPresentation_Marinette1008_small.pdf
If you know of any other good research in this area please pass it along to me and I will send it out for everyone.
______________________________________________________________________
To be removed from this mailing list send a message to Bob@Phragmites.org which says "remove." Archived copies of past newsletters are available online at http://www.stewartfarm.org/phragmites/archives.php See http://www.phragmites.info for general information on phragmites and http://www.phragmites.org for detailed information on phragmites control.
Bob Williams
Bob@phragmites.org
StewartFarm.org