Thank you very much. I want to thank the gentleman from New York, Tim Bishop, our third baseman--an excellent third baseman--for yielding the time. Mr. Speaker, I rise today in strong support of H.R. 872, the Reducing Regulatory Burdens…
Thank you very much.
I want to thank the gentleman from New York, Tim Bishop, our third baseman--an excellent third baseman--for yielding the time.
Mr. Speaker, I rise today in strong support of H.R. 872, the Reducing Regulatory Burdens Act of 2011. I want to thank Nutrition and Horticulture Subcommittee Chair Jean Schmidt and I also want to thank Water Resources Subcommittee Chair Bob Gibbs for their leadership on this issue. I appreciate the opportunity to work with my colleagues on the Transportation and Infrastructure Committee to jointly resolve an important issue and to build a relationship across jurisdictions and across the aisle.
H.R. 872 is a straightforward bipartisan bill that creates a necessary fix to the flawed National Cotton Council v. EPA Sixth Circuit Court decision. If the decision is implemented, pesticide applicators will be forced into a duplicative regulatory process that would require permitting under both FIFRA and the Clean Water Act. We don't need to duplicate. We don't need additional costs and burdens on many of the individuals. We need one agency that can handle it, not two agencies.
While the new regulation will provide no environmental benefit, it will add millions in new costs to State regulating agencies, agricultural producers, mosquito control districts, and small businesses. The EPA understands this. That's why they have helped us write this bill. The EPA estimates that the permit process would add $1.7 million in annual costs to our cash-strapped States. But during a hearing on this issue last month, former Congressman John Salazar testified that the cost of implementation for the State of Colorado would be even greater--upwards of $20 million.
In addition, the permitting process is estimated to add another $50 million to the cost of pesticide applicators, and most of them are small businesses.
In my home State of California, we face a 12.2 percent unemployment rate and a $25 billion to $31 billion deficit. We simply can't afford this regulatory burden on them or on anyone else throughout the State. Likewise, the negative impact on agricultural, irrigation--and I state on agricultural, irrigation--and pest control professionals is a cause for serious public concern.
My congressional district, located in California's Inland Empire, has long had problems with the West Nile virus. The ability of mosquito and pest control to respond quickly to any situation must not be jeopardized. If we have one agency, it can act quickly. If we have two, it's not only costly, but can you imagine what would happen if we didn't act quickly?
For over 30 years, FIFRA has ensured that when a pesticide is used in accordance with label requirements, it will not bring unnecessary risk to our communities or to the environment. Let's work together to pass this simple fix to protect the public health--and I state to protect the public health--of our communities and to prevent costly duplicative regulatory burdens on us.
With that, Mr. Speaker, I have a letter that I would like to submit. It is from the National Association of Conservation Districts, which is a nonprofit organization that represents the Nation's 3,000 conservation districts. For more than 70 years, the NACD has worked with the landowners and managers of private working lands to help them apply effective conservation practices. They understand that the EPA already conducts a rigorous analysis of the health and environmental effects of any proposed usage of a pesticide under FIFRA.
I also have another letter to submit for the Record, Mr. Speaker, that has been signed by 138 different agricultural, irrigation, and pest control organizations from across the Nation.
I ask my colleagues on both sides of the aisle to support this legislation. It's good bipartisan legislation. It deals with duplicative efforts, and consolidates some of them. It is also cost- effective. We don't need to put the burden on anyone else.
National Association of
Conservation Districts,
Washington, DC, March 30, 2011.
Hon. John Boehner,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Boehner: On behalf of the National Association
of Conservation Districts (NACD) and America's 3,000
conservation districts, I write to voice our support for H.R.
872 to allow farmers, ranchers, and foresters to continue
pesticide use in compliance with the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA). We appreciate your
recognition of this important issue and encourage bipartisan
congressional action to address the significant regulatory
concerns arising from a 2009 court ruling.
In 2009, the U.S. Sixth Circuit Court of Appeals ruled that
Clean Water Act (CWA) National Pollutant Discharge
Elimination System (NPDES) permits are required for pesticide
applications made ``in, over, or near'' water. Prior to this
ruling, the Environmental Protection Agency (EPA) has not
required CWA permits for pesticides applied according to the
FIFRA label. This ruling creates confusion, uncertainty and
increased regulatory burdens.
EPA conducts a rigorous analysis of the health and
environmental effects of a proposed use of a pesticide; when
used in compliance with the EPA-approved label, FIFRA-
registered pesticides have already been proven safe. Rather
than spending precious time and resources on duplicative
permitting efforts, EPA should instead be focused on working
with landowners to support on-the-ground conservation
solutions with true environmental value. Forcing producers to
go through an additional burdensome permitting process will
only increase production costs and add stress on already
overburdened state resources, without providing any
additional environmental benefits.
H.R. 872 would continue to ensure the protection of water
during routine, FIFRA-label pesticide use, while clarifying
that applicators abiding by these strict standards do not
need to go through the unnecessary and burdensome process of
obtaining CWA permits.
Thank you for your leadership on this important issue. We
look forward to working with you as we continue to provide
the benefits of locally-led natural resource conservation
across the country.
Sincerely,
Gene Schmidt,
President.