Working together to strengthen and support noxious weed management efforts in Montana.
We just received notice of a public hearing on a proposed change to the status of the Russian Olive to become a regulated plant.
Download the complete notice of the proposed rule amendment to the regulated plants list.
If you have any questions or comments please contact Cort Jensen at (406)444-3144 or by email at agr@mt.gov. The comment period ends August 12, 2010.
Attention Weed Managers and Commercial Applicators, if you have to date not taken the time to view emails on this subject or you are ignoring this permit because it may seem daunting and/or you are busy, I cannot urge you strongly enough to take a moment to read this email and follow through with a quick assignment. At no time in Montana’s history have weed managers faced proposed legislation that would so greatly adversely impact them and weed management efforts in Montana. This legislation will impact you if you are an agency applicator, a commercial applicator or a private applicator and if you are one who grabs the Round-up and does a little weekend weed management, this will also affect you. It will also affect mosquito districts and treatment of pine bark beetle.
The proposed NPDES permit (National Pollutant Discharge Elimination System) was proposed because of a sixth court ruling where the EPA lost lawsuits in every circuit concerning the clean water act and pesticides. Previously, EPS’s 2006 rule stated that NPDES permits were not required for applications of pesticides when in compliance with FIFRA labels. Now all weed managers will be required to file for a permit when spraying over or near U.S. waters and that includes irrigation ditches and ponds; any body of water that can flow into waters of the U.S.
This permit is filled with unrealistic expectations in light of the fact pesticide application is weather dependent, duplicating existing efforts, and huge potential cost impacts. Just a couple of highlights from yesterday’s listening session:
It is imperative that you send in your comments and concerns to the EPA by July 19th (next Monday) for public comment. Save your comments, because Montana DEQ will also be asking for public comment in the near future. There will be parties who will certainly be working to get this legislation passed as drafted, but weed managers need to provide enough comment and information to change the criteria outlined in this permit so that if passed that it contains regulation that is realistic when Mother Nature is one of the elements of use of pesticides and the paperwork and costs are not prohibitive. You can simply write up your concerns and comments in a Word document and email those comments to
ow-docket@epa.gov. You can click here for the fact sheet or here for the FAQ.
Your contacts for more answers or information would be David Rise with Montana EPA Region 8 at Rise.David@epamail.epa.gov or Jenny Chambers, Bureau Chief of Water Protection Bureau, DEQ at jchambers@mt.gov
Becky Kington
MWCA Executive Director
Additional NPDES related information links:
Comments statement submitted by the Weed Science Society of America and its affiliate societies.
In October 2009 the U.S. Environmental Protection Agency (EPA) offered a two-hour webcast providing updates on the development of a general permit for the National Pollutant Discharge Elimination System (NPDES). This permit will be implicated in pesticide applications in, over, or near bodies of water. The webcast can be viewed in EPA archives.
Click to view this webcast now.
We have a copy of the newest Montana Noxious Weed List and a weed brief, explaining the Priorities and the reason for the change. You will notice that Russian olive is not listed as the Department of Ag will be sending a survey to the County Commissioners in each county requesting where they feel it should be listed if at all. The letter will be coming from the Director of the Department of Agriculture and should be sent out in the near future. Please include this list in your management plans.
If you have any questions or comments please contact Dave Burch at 444-3140 or dburch@mt.gov.2010-
In January, Dave Burch (MDA), Jed Fitch (Beaverhead County Attorney), Scott Bockness (Yellowstone County Weed) and Harold Blattie (MACo) all presented to the Environmental Quality Council a request to have the weed act undergo a legislative review. It has been 25 years or so since the act was put on the books and MWCA, MDA and MACo all felt that it was time to take a hard look at the current weed act and implement some necessary changes. Weed coordinators from across the state responded that there needed be clarification in municipality responsibilities, wording dealing with organic farmers and ranchers, and clarification in dealing with state and federal agencies, and constitutionality among other things. Take a look at the actual letter submitted to EQC.
Council members asked several questions, but given their work load and the fact that they felt the group had already identified areas of revision, they asked Dave Burch with MT Dept of Ag to create a work group to begin addressing the changes in the act. They felt possible legislation could be ready for the next session and then, if a legislative review was warranted, they would consider it.
Dave Burch and MDA will be working to solicit individuals to sit in on this work group based on the criteria in a study bill, which is as follows:
For more information on the progress and status of this group, please contact Dave Burch at dburch@mt.gov or 444 – 3140 .
Montana has a law on the books to manage noxious weeds. An excerpt from the law: “It is unlawful for any person to permit any noxious weed to propagate or go to seed on the person’s land, except that any person who adheres to the noxious weed management program of the person’s weed management district or who has entered into and is in compliance with a noxious weed management agreement is considered to be in compliance with this section.” For additional information regarding the enforcement of this act, refer to FAQ #10 and #12.
Montana is the only states in the nation to offer grants through a noxious weed trust fund administered by the Department of Agriculture. The fund was established in 1985 with a $2.5 million cap. The interest off of this fund the vehicle license fee is what generates grant funding. Recently at the 2007 legislature, HB 269 increased the Trust and capped it at $10 million. The estimated interest off of this fund in 2008 is $409,000 and will be used for direct on the ground local cooperative, educational, and research projects. Grant deadlines are the first of December, with hearings held in March of the following year. For more information, refer to the MDA website: http://agr.state.mt.us/weedpest/weedforms.asp
http://agr.state.mt.us/weedpest/nwsff.asp
Why the importance for weed seed free forage? An excerpt from the law states the reason: “the movement of agricultural crops or commodities as livestock forage, bedding, mulch, and related materials, including pellets, cubes, and other processed livestock feeds with noxious weed seeds, causes new and expanding noxious weed infestations on private and government‑managed lands, which adversely impact agricultural, forest, recreational, and other lands.”
Administrative rules of Montana regarding noxious weed seed free forage rules from the Montana Department of Agriculture: Agricultural Sciences Divistion.
Administrative Rules of Montana, Chapter 5 Subchapter 3 – Revised June 2006
Contents:
An Act to further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.
Salt Cedar & Russian Olive Control & Demonstration Act – January 2006