What is in this article?:
- Peterson introduces bill voiding NPDES permit rule
- Court overturned EPA rule
- Paperwork burden
• The 6th U.S. Circuit Court of Appeals overturned an EPA rule that exempted pesticide applications over or near water from the Clean Water Act's National Pollutant discharge Elimination System permits.
• Farm organizations filed friends of the court briefs in the appeal of the ruling, but the ruling was upheld.
• EPA has begun the process for developing a permit for such applications. The permit is expected to be completed by December, and EPA and the states are expected to begin implementing the permit requirement by April 2011.
• Legislation introduced in the House on Thursday would eliminate the requirement for permits if the pesticide application is made consistent with the Federal Insecticide, Fungicide and Rodenticide Act label.
Court overturned EPA rule
The more recent history has been that in January 2009, the 6th Circuit Court of Appeals overturned a 2006 EPA rule which specifically exempted permitting of certain pesticide applications from the CWA.
In National Cotton Council of America, et al., v. United States Environmental Protection Agency the court ruled EPA did not have the authority under the CWA to exempt application of pesticides. The Court’s decision marks a pre-emption of FIFRA by the CWA for the first time in the history of either statute.
Chairman Peterson’s bill would make clear that producers who are in compliance with the requirements of FIFRA are not subject to Clean Water Act permits, the committee press release said.
“The 6th Circuit decision overturned decades of policy and practice with regard to the sufficiency of FIFRA regulation,” Peterson said. “This legislation will make clear that Congress never intended for farmers and ranchers to meet additional permit requirements for pesticide applications under FIFRA.”