Mr. Speaker, I ask unanimous consent that the gentleman from California (Mr. Baca) be permitted to control 10 minutes of my time. I yield to the gentleman from California. Mr. Speaker, in light of the fact that Mr. Baca yielded the balance…
Mr. Speaker, I ask unanimous consent that the
gentleman from California (Mr. Baca) be permitted to control 10 minutes of my time.
I yield to the gentleman from California.
Mr. Speaker, in light of the fact that Mr. Baca yielded the balance of his time to me, may I inquire as to how much time we have left on this side?
Thank you very much.
Mr. Speaker, I yield 2 minutes to the gentleman from Oregon (Mr. DeFazio).
Mr. Speaker, I yield myself such time as I may consume, and I rise in reluctant opposition to H.R. 872.
Mr. Speaker, I find myself in an awkward position here today being asked to urgently vote on a bill where there is no real sense of urgency and where questions of its potential impact on human health and the environment far outweigh the answers.
I am also concerned that, in our effort to address concerns on implementation of two Federal statutes, we are neglecting a rational analysis of the best way to protect human health and the environment from the potential adverse effects of pesticides.
Finally, I stand in opposition to this legislation because it appears that the push to vote today on this bill is so great that it has stretched the bounds of traditional Member-to-Member commitments to resolve legitimate differences on issues of critical importance to all of us.
Mr. Speaker, let me state from the outset that I agree pesticides provide a valuable tool in controlling unwanted pests, whether they be mosquitoes in my home county of Suffolk County, New York, or corn borers in the Midwest. This bill is not about whether pesticides should or should not be used. However, what this bill does call into question is the best way to balance the use of pesticides with the protection of water quality, human health, and the environment, and the economic benefits associated with them.
On this point, I am not convinced that the current efforts to protect human health and the environment, which this bill seeks to maintain, are sufficient. If they were, pesticides would not continually show up in the urban and rural water bodies throughout the Nation. As States and the U.S. Geological Survey have told us, pesticides are frequently detected in streams and groundwater throughout the Nation, and literally thousands of streams and bays and lakes are currently impaired or threatened by pesticides. In the State of California alone, pesticides are listed as the number one source of water quality impairment in the State.
It is also telling that many States continue to find waters impaired by pesticides that have been banned in the United States for decades. In my view, this shows how the decisions we make today will have long- term impacts on human health, on our environment, and create long- lasting implications
and potential increased costs for generations to come.
According to the EPA, the potential human health implications of pesticide exposure depend on the type of pesticide and the pathway, concentration, and duration of exposure, and can range from minor skin irritations to developmental concerns to being linked to cancer. One potentially significant source of exposure comes from consuming pesticide-contaminated drinking water. Both the USGS and the U.S. Department of Agriculture have verified the presence of pesticides and pesticide byproducts in drinking water sources throughout the Nation.
While in the majority of these cases pesticide protection levels were below existing human health benchmarks for those pesticides that have standards, USGS found a number of instances where pesticide detection levels were above acceptable levels. Similarly, even in those instances where detection levels are below acceptable levels, there is still legitimate concern on long-term, low-level exposure to pesticides, especially to the health of children, pregnant women, and the elderly.
In my view, the combination of these factors, plus the uncertainty created by increased detection of pesticide-chemical mixtures and the fact that modern drinking water treatment technologies are not designed to detect or remove pesticides, compels me to move cautiously on any proposal that would permanently eliminate options for controlling the amount of pesticides being released into the Nation's waters.
In light of these concerns, and in light of the fact that the legislation before us provides for a permanent Clean Water Act exemption for pesticide use, during the markup of this bill in the Committee on Transportation and Infrastructure, I offered a simple, commonsense amendment to require Congress to revisit this issue in 5 years when we have a clearer picture on whether FIFRA is sufficiently protective of human health and water quality from pesticide contamination. If, in 5 years' time, we were to see progress in reducing pesticide contamination in surface and groundwaters, then we would have more information to justify a permanent Clean Water Act exemption for pesticide use. In my view, we simply do not have this critical information before us today.
This simple concept was echoed by a former Bush administration official who was recently quoted as saying that, when it comes to enacting statutory exemptions from environmental regulatory requirements, it is appropriate to periodically review whether the exemption continues to be supported by data and science.
Based on a commitment from the chairman of the full committee to work with me on this issue before this bill was to come to the floor, I withdrew my amendment and voted ``yes'' in the markup. Unfortunately, to date, my concerns remain unaddressed, and yet here we are today considering this bill under the suspension of the rules, where there is no opportunity to debate the issues I and several of my colleagues raised at the committee markup.
It seems that the push to vote today on this bill is so great that it has stretched the bounds of traditional Member-to-Member commitments to resolve legitimate differences on issues of critical importance to us all, especially related to the protection of human health and the environment.
I am aware that many of my colleagues and several constituencies have pushed for immediate consideration of this bill to respond to the looming court-ordered deadline for Clean Water Act permitting on April 9. I agree that concerns expressed by States and pesticide applicators on how they could be expected to comply with a yet-unreleased pesticide general permit by the April deadline were legitimate. However, that deadline has now been extended by the Sixth Circuit Court of Appeals until October 31, 2011. It appears, therefore, that we have additional time to work on this issue and to resolve some of the concerns expressed by several members of the committee.
Mr. Speaker, I believe a more prudent course would be to take the time necessary and work together to address the concerns of both sides in a manner that minimizes regulatory duplication, makes sense for pesticide applicators and the States, and addresses the concerns related to public health and water quality.
I reluctantly urge a ``no'' vote on H.R. 872 under suspension of the rules so that I may continue to work with my colleagues on improving this bill.
I reserve the balance of my time.
Mr. Speaker, I yield 4 minutes to the gentlelady from California (Mrs. Napolitano).
I reserve the balance of my time.
I yield myself the balance of my time.
Mr. Speaker, I just want to make a couple of points. There does appear to be strong bipartisan agreement. I know it passed out of the Ag Committee on unanimous vote. There was a very heavy vote in the T&I Committee. My reservations are rooted in the fact that I believe that we are rushing to a judgment in terms of making this statute permanent. I believe we have ample evidence to suggest that we don't know enough about pesticide impairment of water bodies, both surface and groundwater, to determine whether or not it is prudent for us to make a permanent exemption to the Clean Water Act.
So when I offered the amendment, which I then withdrew, for a 5-year sunset so we could assess whether or not this action is the correct one, I believe that I was acting in a very prudent and defensible way. And I am very disappointed, again, that this was an issue that we rushed to the floor in a form that we were unable to amend so that we could get this bill passed.
Now, the urgency of time has become much less pronounced because of the court ruling that was just announced this past Monday with respect to delaying the implementation of the court ruling until the end of October.
Second point. I know it's very popular to talk about the Environmental Protection Agency as if they are in some ways the source of all evil in this world. This is an issue--it's important to clarify--this is not an issue that the EPA saw. We are here today because of a court ruling. And, in fact, for years, decades, FIFRA has been the controlling legislation with respect to pesticide application, and the Clean Water Act has not been invoked.
And, in fact, the EPA, in 2006, took a position that they would not engage in a process that would supersede FIFRA. It was that decision that was overturned by the Sixth Circuit Court.
We all want to come up with a way to handle this. We all recognize that pesticide application is something that is very important. I represent the largest agricultural county in the State of New York, and this is an issue that's very important to my farmers. But my farmers also recognize that they want to see to it that Federal policy is, in fact, consistent with their best interest.
There are no better environmentalists in this country than our farmers. They need clean air. They need clean water in order for them to do their jobs.
So as I say, I am opposed, reluctantly so, and I very much hope that as this goes forward and is considered by the Senate, if it, in fact, is considered by the Senate, that we will take our time, we will craft legislation that we can all support, and that we will particularly have legislation that has a sunset period so that we can evaluate whether or not we are right in taking this action today.
I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.