NC CONGRESSIONAL DELEGATION STANDS WITH NC AGRIBUSINESS

Washington, DC– Today the U.S. House of Representatives approved H.R. 872 which eliminates a costly and duplicative permitting requirement for the use of pesticides. H.R. 872 exempts, from the NPDES permitting process, a discharge to waters involving the application of a pesticide authorized for sale, distribution, or use under FIFRA, where the pesticide is used for its intended purpose and the use is in compliance with pesticide label requirements. The legislation would amend FIFRA and the Clean Water Act to clarify Congressional intent and eliminate the duplicative NPDES requirement.

Without the legislation, state agencies, cities, counties, mosquito control districts, water districts, pesticide applicators, farmers, ranchers, forest managers, scientists, and even every day citizens will be subject to a duplicative permitting requirement for pesticide use, already regulated by the Environmental Protection Agency (EPA).

The House approved H.R. 872, the “Reducing Regulatory Burdens Act of 2011,” by a vote of 292 to 130. The bill was introduced by U.S. Rep. Bob Gibbs (R-OH), Chairman of the Water Resources and Environment Subcommittee. Transportation Committee Member and Chairman of the House Agriculture Committee’s Subcommittee on Nutrition and Horticulture Jean Schmidt (R-OH) is a cosponsor of the legislation. Earlier this year, Gibbs’ and Schmidt’s subcommittees held a joint oversight hearing on the need for this legislation, and both committee’s recently approved the bill with overwhelming bipartisan support.

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has long been the federal regulatory statute that governs the sale and use of pesticides in the United States. However, as the result of a number of recent lawsuits, the Sixth Circuit Court of Appeals in National Cotton Council v. EPA added a new and redundant layer of federal regulation over the use of pesticides. As a result, an additional set of National Pollutant Discharge Elimination System (NPDES) permits under the Clean Water Act will be required for the use of pesticides.
“With this ill-advised Court decision, states and a wide range of public and private pesticide users will face increased financial and administrative burdens in order to comply with the new permitting process. Regardless of one’s political affiliation, duplicative and costly red tape requirements that provide no additional health or environmental benefits just don’t make sense” said Gibbs.

This bill (H.R. 872) eliminates duplicative regulatory burdens that do nothing to create jobs or protect the environment,”  “I am happy to see H.R. 872 pass the House with such an overwhelming majority. H.R. 872 would reverse the Court’s decision and restore EPA’s long-standing implementation of pesticides regulation. The new court-ruled permitting process was meant to take effect on April 9, 2011, however two days ago the Sixth Circuit granted an extension through October 31, 2011.

The Court’s extension only temporarily postpones the need for an NPDES permit for pesticide use, and does not eliminate the need for this legislation. H.R. 872 fixes the problem permanently.

EPA has estimated that approximately 365,000 pesticide users, performing approximately 5.6 million pesticide applications annually, will be impacted by the Court’s ruling, doubling the number of entities currently subject to NPDES permitting under the Clean Water Act.

All 13 members of NC's Congressional delegation voted in favor of HR 872 - proudly standing with NC Agribusiness!