Johanns Co-sponsors Bill to Eliminate Redundant EPA Pesticide Regulation

WASHINGTON – U.S. Sen. Mike Johanns (R-Neb.) this week was one of 13 Senators to introduce a bill to prevent duplicative federal regulation of pesticides by the Environmental Protection Agency (EPA). EPA has proposed new, separate regulation of pesticide use on top of longstanding regulations already prescribed by law. The new legislation, sponsored by Agriculture Committee Ranking Member Pat Roberts (R-Kansas), would exempt pesticides already regulated by law from being subject to redundant EPA permits.

"I find it astonishing that an agency under fire for being either ignorant about agriculture or downright anti-agriculture is pursuing regulations that clearly duplicate existing ones," Johanns said. "Redundant regulations amount to little more than additional costs, red tape, and roadblocks. The President has promised to eliminate duplicative regulations, yet is allowing this rogue agency to create even more. The Roberts legislation is a reasonable solution to maintaining proper pesticide use while also protecting our farmers and ranchers from EPA overreach."
Background:
• Pesticides are already subject to regulations prescribed by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

• In January 2009, the Sixth Circuit Court ruled that EPA cannot exempt pesticides already compliant with one set of federal safety regulations (in this case, FIFRA) from additional permitting requirements under the Clean Water Act.

• More than 25 Senate and House members, including Johanns, supported an amicus brief urging the Supreme Court to review the Sixth Circuit Court's decision.

• The Obama Administration, in its own brief, then took the opposite position and urged the Supreme Court to let the ruling stand.

• As a result, EPA in June 2010 released a general draft permit to subject pesticide applicators for the first time to duplicative requirements under the Clean Water Act, marking a distinct shift in how pesticides are regulated.

• This regulation not only impacts American farmers and ranchers, but local communities with routine public health activities such as mosquito and other pest control.

• The House of Representatives last week passed similar legislation, H.R. 872, with broad bipartisan support by a vote of 292 to 130, including 57 Democrats.