Reps. Bob Gibbs (R-Ohio), Mike McIntyre (D-N.C.), Kurt Schrader (D-Ore.) and Austin Scott (R-Ga.) last week introduced H.R. 935, the Reducing Regulatory Burdens Act of 2013. The bill seeks to clarify that Clean Water Act permits are not required for the lawful application of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)-approved pesticides.
The bill also seeks to redress a situation that is the result of a 2009 decision of the 6th Circuit U.S. Court of Appeals declaring certain lawful pesticide applications already regulated under FIFRA are nevertheless subject to Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits issued by the Environmental Protection Agency (EPA) or delegated states. That court order not only ignores congressional intent but is unprecedented in the four-decade history of the law.
Ninety organizations, including the USA Rice Federation, sent a letter of appreciation to those representatives thanking them for their leadership in attempting to clarify that Clean Water Act permits are not required for the lawful application of FIFRA-approved pesticides.
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