Source:  Crop Life America, 3/3/11

Following a joint U.S. House of Representatives Subcommittee hearing, policymakers are seeking bi-partisan support for new legislation (H.R. 872: 'Reducing Regulatory Burdens Act of 2011’), supported by CropLife America (CLA), clarifying that pesticides applied in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) would not require National Pollutant Discharge Elimination System (NPDES) permits. The House Agriculture Subcommittee on Nutrition and Horticulture and the Committee on Transportation and Infrastructure’s Subcommittee on Water Resources and Environment in February conducted a hearing to examine the regulatory burdens created by the U.S. 6th Circuit Court of Appeal’s ruling in the case of the National Cotton Council v. EPA. In introducing this new legislation CLA commends co-sponsors Representatives Frank Lucas (R-OK), John Mica (R-FL), Collin Peterson (D-MN), Jean Schmidt (R-OH), Bob Gibbs (R-OH) and Joe Baca (D-CA), among others, for recognizing the far-reaching and detrimental effects the 6th Circuit Court’s decision will have on the U.S. economy.

"The ruling established by the 6th Circuit Court establishes tremendous burdens for U.S. farms, public health officials, small businesses, and state and federal agencies, adding considerable time, cost and liability for applicators,” said Jay Vroom, president and CEO of CLA. “As regulators and permitees struggle to implement and comply with these permits, it is vital that we bring to light the significant regulatory impact imposed by the court and amend the Clean Water Act.”

The 6th Circuit Court ruled in 2009 that Clean Water Act NPDES permits are required for four types of pesticide applications "to, over or near" waters of the United States, thus overturning decades of legal, legislative and regulatory precedence established under FIFRA and CWA. The Court’s ruling, which goes into effect on April 9, 2011, orders fines of up to $37,500 per day per for pesticide applications not covered by a NPDES permit.

The joint subcommittee hearing which preceded the introduction of H.R. 872 focused on potential impacts of NPDES permitting, and heard testimony from a number of stakeholders including Dr. Steve Bradbury (EPA), Commissioner John Salazar (National Association of State Department of Agriculture), Dr. Andrew Fisk (Maine Department of Environmental Protection), Dominick Ninivaggi (on behalf of the American Mosquito Control Association) and Norm Semanko (Idaho Water Users Association). In addition, CLA signed onto a coalition letter sent to both the House and Senate which outlined the potential impact of the 6th Circuit ruling, including the creation of redundant regulation resulting in increased operating costs and legal liability for pesticide users.

“As states and regulators struggle to comply with the April 9 deadline for permit implementation, the recognition and support of Congressman Lucas and the House Agriculture Committee and Congressman Mica and the Transportation and Infrastructure Committee is more vital than ever,” added Beau Greenwood, CLA’s executive vice president of government relations and public affairs. “CLA commends Chairmen Lucas and Mica for their leadership, defense of modern agriculture, and dedication to finding a sustainable solution.”