Legislation Eliminating Burden of Clean Water Act’s Permits for Pesticide Applications Already Approved for Water Safety Under FIFRA Advances in Congress

Late last week the U.S. House of Representatives passed the PERMIT Act (HR 3898) by a vote of 221-205. The legislation includes the Reducing Regulatory Burdens Act, which was originally introduced by Rep. Rouzer (R-NC) as HR 3824, and other Clean Water Act permit reform bills. The legislation would exclude permit applications to or near water from National Pollutant Discharge Elimination System (NPDES) pesticide general permits (PGPs). This bill would eliminate the significant legal liability and paperwork burdens that various state and federal NPDES PGPs have placed on aerial applicators, mosquito abatement districts, and others that treat disease-carrying mosquitoes and other health-threatening pests since 2011. Pesticides, under the Federal Insecticide, Fungicide, and Rodenticide Act are already required to be tested for water safety. The fate of the legislation is uncertain in the Senate, but NAAA will continue to push for its passage as a stand-alone bill, a package of other Clean Water Act permit bills or in the next Farm Bill. We are grateful to Rep. Rouzer for his continued efforts to advance this critical NPDES permit relief.