Hagan Amendment Would Eliminate Duplicative NPDES Permitting Requirements
On June 12, Senator Kay Hagan (D-NC) filed an amendment to the 2012 farm bill that includes the language of H.R. 872. HR 872 was passed by the House in March 2011 and also was approved by the Senate Agriculture, Nutrition & Forestry Committee. Senator Hagan's amendment, co-sponsored by Senator Michael Crapo (R-ID), would overturn a 2009 federal appeals court ruling requiring farmers to obtain permits for pesticides sprayed over water even though the application is in compliance with the product's label. It also includes a requirement that EPA and USDA submit a report to Congress on the effectiveness of regulating pesticides under the Federal Insecticide, Fungicide and Rodenticide Act rather than the Clean Water Act (CWA).
The NCC believes that permitting under the CWA is a duplicative regulation which adds unnecessary costs and liability while providing no additional environmental protection (see H.R. 872 background and talking points). NCC President/CEO Mark Lange has sent a letter to Senator Hagan thanking her for her efforts on this important issue. The NCC also urges prompt consideration and approval of the amendment.