Senate Republicans Release Farm Bill Framework Including State/Federal Pesticide Preemption, But NPDES-PGP Exemption Language is Absent

Last week Senate Republicans released a framework of Farm Bill policy proposals that includes NAAA-backed reaffirmation of state pesticide preemption over local jurisdictions’ pesticide ordinances that differ from state requirements. This proposal is similar to language that recently was included in the House Agriculture Committee’s Farm Bill that was successfully marked up out of Committee last month. Compromising federal and state pesticide preemption can create a confusing patchwork of regulation. Municipalities cannot replicate the state pesticide agencies high standard of expertise, effective regulation, vast resources, and safety.

Unfortunately, the Senate framework does not include a proposal to eliminate the duplicative and burdensome National Pollutant Discharge Elimination System (NPDES) permits required for pesticide applications “to, over, or near” water. Language to eliminate these duplicative permits was included in the House Agriculture Committee’s Farm Bill that was successfully marked up out of Committee last month via an amendment from U.S. Representative David Rouzer (R-NC). Congress and EPA never intended to regulate pesticide applications with Clean Water Act (CWA) NPDES permits. EPA and states put the new requirements into place in order to comply with a court order in National Cotton Council v. EPA. Requiring NPDES permits is duplicative of the long-standing FIFRA-based regulatory process. These permits cost small businesses, cities, counties, and states significant resources and jobs and diminish public health protections. The FIFRA scientific and safety requirements for aquatic and other applications covered by the permit are already scientifically rigorous and comprehensive. When EPA has concluded that a registered pesticide satisfies FIFRA and will not have an “unreasonable adverse effect on the environment,” then the application of that pesticide should be excluded from the permitting requirements of the CWA.

To date, no formal draft of the Senate Republicans’ Farm Bill has been released, nor has a Democratic draft been released, or markup scheduled.