Legislative Update – NACD Signs Letter to Senate Leadership Asking for Relief From Duplicative Permitting Regulations
NACD recently joined 38 other organizations in sending a letter to House Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) asking them to pass H.R. 872, to prevent duplicative regulation by exempting discharges involving the application of pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) from new National Pollutant Discharge Elimination System (NPDES) permitting requirements under the Clean Water Act (CWA). Earlier this fall, the U.S. Environmental Protection Agency (EPA) signed a 175 page final pesticide general permit that requires applicators of pesticides in or near U.S. waters to obtain NPDES permits under the CWA, resulting in duplicate permitting for those whose discharges are already covered under FIFRA. Last March, the House of Representatives passed H.R. 872 to prevent implementation of these duplicative requirements by a strong vote of 292-130. Despite significant bipartisan support in the Senate, the bill has been held up there, allowing the new rules to take effect. NACD is working with a coalition to ask Senators to provide relief before Congress adjourns for the year. “There is still time to provide legislative relief to address the permit program burden reflected in the 312 pages of regulatory material and to reduce vulnerability to citizen suits that users face before EPA’s announced implementation goal of the first of the year. We urge you to act promptly to advance H.R. 872 to preempt EPA implementation of the overreaching and unneeded expansion of EPA regulatory authority,” stated NACD and the others in the letter.