Source: Jeremy P. Jacobs, E&E REPORTER, 12/13/11

 

A bipartisan group of 25 senators made a last minute plea to leadership last week to take up House-passed legislation that would undo a new permit requirement for pesticide users who spray over water.

The senators -- 14 Republicans and 11 Democrats -- strongly urged Senate Majority Leader Harry Reid (D-Nev.) and Minority Leader Mitch McConnell (R-Ky.) to devote floor time to H.R. 872, legislation that would undo a 2009 federal appeals court ruling in National Cotton Council v. EPA.
"While we recognize that many important legislative items vie for limited floor time," the senators, led by Sens. Mike Crapo (R-Idaho) and Kay Hagan (D-N.C.), wrote in a letter, "this is a rare opportunity to demonstrate to the American public that Democrats and Republicans are capable of working together to address important issues."

The court ruled in the National Cotton Council case that pesticide users who spray over water should be required to obtain permits to protect U.S. waterways from contamination under the Clean Water Act. After getting an extension, U.S. EPA was given an Oct. 31 deadline to meet the requirement.
The agency complied and began issuing "general permits" where it has permitting jurisdiction -- six states and Washington, D.C., as well as several U.S. territories and federal facilities. EPA, however, said it would not enforce the new requirements for 120 days (E&E Daily, Nov. 1).
Farm state legislators and the agriculture industry have steadfastly criticized the new permitting requirements, arguing that it puts an undue economic burden on farmers. They also contend that the permit requirement is duplicative because existing regulations require pesticide users to comply with product labels, which are designed to protect waterways from contamination.

That sentiment led House Republicans to pass H.R. 872 in March with the backing of 57 Democrats. The Senate Agriculture, Nutrition and Forestry Committee then approved it in a voice vote.

The bill's progress stopped there, however, when Senate Environment and Public Works Chairwoman Barbara Boxer (D-Calif.) and Sen. Ben Cardin (D-Md.) put a hold on the bill. They said the legislation should have been directed to their committee because it is water related.

They also shared the concern of many environmental groups that applauded the National Cotton Council decision. Green groups pointed to several studies finding significant pesticide contamination in the country's waterways and argued that more needed to be done.

As the clock ran out before the Oct. 31 deadline, Agriculture ranking member Pat Roberts (R-Kan.) sought to cut a deal with Cardin and Boxer: A moratorium on the new deadline requirement in return for an in-depth study on the environmental impact of pesticides.

Those negotiations broke down at the last minute, however, with both sides pointing fingers at each other (E&E Daily, Oct. 31).

The group of senators who wrote to Reid and McConnell said that despite those negotiations failing, there is still time to address the permitting issue.  

"We are aware that efforts had been made to come to a bipartisan resolution before these new permitting requirements went into effect," they wrote. "However, we believe there is still an opportunity to resolve this matter in a way that will protect the environment while avoiding undue costs on rural communities and municipalities nationwide."  "Thus," they added, "it is our sincere hope that you will allot floor time for the Senate to have a full, open debate on this matter."

The senators' letter was immediately applauded by CropLife America, which strongly opposes the new permits.

"I would note that the ... letter demonstrates broad bipartisan support for H.R. 872," said Mary Emma Young, a spokeswoman for the association. "We are optimistic that Congress will still find a resolution and pass H.R. 872."

The Republicans who signed the bill were Crapo, Richard Burr of North Carolina, Marco Rubio of Florida, David Vitter of Louisiana, James Risch of Idaho, John Boozman of Arkansas, Mike Johanns of Nebraska, Roy Blunt of Missouri, Rob Portman of Ohio, Richard Lugar of Indiana, John Hoeven of North Dakota, John Thune of South Dakota, Orrin Hatch of Utah and Lamar Alexander of Tennessee.

The Democratic signees were Hagan, Mary Landrieu of Louisiana, Kent Conrad of North Dakota, Tom Carper and Chris Coons of Delaware, Ben Nelson of Nebraska, Max Baucus of Montana, Claire McCaskill of Missouri, Tim Johnson of South Dakota, Amy Klobuchar of Minnesota and Joe Manchin of West Virginia.
 

Click here to read the letter.