This week, Senator Pat Roberts (R-KS) introduced a bill to eliminate a burdensome, costly and redundant permit requirement for applications of pesticides. This legislation is a companion to HR 872, which passed the US House of Representatives last week. You can read the text of the legislation by clicking here.
The legislation is a response to a 6th Circuit Court ruling that National Pollution Discharge Elimination System (NPDES) permits are required for all pesticide applications made to, over, or near U.S. bodies of water. Prior to this ruling, EPA considered pesticide applications in accordance with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) exempt from CWA permits. Without legislation, EPA is under court order to require CWA NPDES permits in addition to the requirements under FIFRA.