Legislation that would exempt drinking water utilities and other entities from a new requirement to obtain NPDES permits before spraying pesticides over or near waters of the U.S. remains in limbo a little more than a month before the new rule is scheduled to take effect.
H.R. 872 would exempt pesticide applicators from having to obtain NPDES permits as long as the pesticides are used in a manner consistent with their permitted use under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The House of Representatives passed the bill in March, and the Senate Agriculture Committee subsequently approved it before Sen. Barbara Boxer (D-Calif.) placed a “hold” on the measure.
The bill is a response to a 2009 order by the U.S. Court of Appeals for the Sixth Circuit, which overturned EPA’s longstanding practice of not requiring NPDES permits in cases where pesticides are applied pursuant to FIFRA. The order’s effective date has been stayed until October 31, so congressional supporters of H.R. 872 are hoping to enact the bill before then. AMWA has not taken a formal position on the bill, though some water utilities have expressed support for it because the Appeals Court ruling would newly require some water systems to obtain NPDES permits before they apply pesticides and algae controls to their source water supplies.
In August, Sen. Ben Cardin (D-Md.) signaled that there may be room for a compromise to lessen the impact of NPDES permits by exempting some small-scale pesticide applicators. AMWA has been in touch with Sen. Cardin’s staff to request that any group of exempted industries includes drinking water systems that apply pesticides to source waters to control algae and other organisms before the water enters the treatment plant.