The House has approved legislation that would prevent the Environmental Protection Agency from implementing a court order requiring applicators of pesticides to obtain Clean Water Act permits before they apply pesticides into, over, or near bodies of water. The vote was 292-130. There is no companion legislation in the Senate.
The requirement for National Pollutant Discharge Elimination System (NPDES) permits was mandated Jan. 7, 2009, by a federal appeals court decision that vacated an EPA rule authorizing permit exemptions for farmers, public health officials, and ranchers who apply pesticides into, over, or near water bodies to control mosquitoes and other pests.
HR 872 would exempt from the NPDES permitting process discharges to waters involving the application of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act when the pesticide is used for its intended purpose and the use complies with pesticide labeling requirements.
EPA had estimated the permit program would affect approximately 365,000 pesticide applicators who perform 5.6 million pesticide applications annually.
