Does a Permitting Requirement for Using EPA-Approved Pesticides Need to be Eliminated? (H.R. 953)

What is H.R. 953?

(Updated August 12, 2020)

This bill would eliminate a permitting requirement for the use of pesticides near “navigable waters” that have already been regulated, tested, and approved by the Environmental Protection Agency (EPA) under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). A 2009 court ruling required that a National Pollution Discharge Elimination System (NPDES) permit be issued prior to the use of EPA-approved pesticides to kill mosquitoes and other flying insects; aquatic weeds and algae; aquatic nuisance animal control; and forest canopy pest control.

Argument in favor

This bill would eliminate a duplicative and unnecessary permit which makes it more costly for farmers, ranchers, and local pest control agencies to protect crops or eliminate mosquitoes with pesticides the EPA has already approved.

Argument opposed

The additional permitting requirement helps ensure that pesticides or insecticides don’t taint waterways without imposing burdensome costs on local governments, farmers, and ranchers.

Impact

Users of pesticides; and the EPA.

Cost of H.R. 953

The CBO estimates that enacting this bill would not increase spending.

Additional Info

In-Depth: Sponsoring Rep. Bob Gibbs (R-OH) introduced this bill to clarify what’s needed to use EPA-approved pesticides by eliminating a “duplicative and unnecessary” permit:

“This is a classic example of why so many Americans are frustrated with Washington. Bureaucratic red tape is making it more difficult and costly for farmers to responsibly protect their crops or local mosquito and pest control agencies to safeguard public health. Requiring an NPDES permit is unnecessary. It only adds compliance costs, and no new environmental protections.”

This legislation was passed by the House Agriculture Committee on a voice vote, and has the support of 47 bipartisan cosponsors including 43 Republican and four Democrats. Similar legislation has been introduced in each session of Congress since the Sixth Circuit’s ruling in the 2009 case .

Media:

• Sponsoring Rep. Bob Gibbs (R-OH) Press Release
  
• CBO Cost Estimate
  
• American Soybean Association (In Favor)
  
• CropLife (In Favor)
  
• National Association of Counties (In Favor)