The House Agriculture Committee last week approved legislation that would allow farmers, water systems, and others to apply certain pesticides near and over waters without first obtaining Clean Water Act discharge permits.
The “Reducing Regulatory Burdens Act” (H.R. 935) closely matches legislation that earlier passed the House of Representatives in 2011 but which later died in the Senate. Sponsored by Rep. Bob Gibbs (R-Ohio), the measure would eliminate National Pollutant Discharge Elimination System (NPDES) permits for pesticide spraying near or at waters if the pesticides already are registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
EPA had historically not required NPDES permits in such situations, but a 2009 federal court order directed the agency to do so – leading to complaints from pesticide applicators that the additional permit rules would be burdensome and duplicative.
House leaders have not indicated when they may call a floor vote on H.R. 935. A bipartisan group of Senators introduced a companion version of the bill last year as S. 802, but it has not advanced in that chamber.