Bill Enyart on Environment
Congressional Summary:Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to prohibit the EPA or a state from requiring a permit for a discharge into navigable waters of a pesticide authorized under FIFRA. Excepts stormwater discharges and discharges of manufacturing or industrial effluent.
Proponent's argument for bill:(Blue Ridge Times-News, April 2013): Sen. Kay Hagan announced a bill to eliminate a "redundant and burdensome" requirement that 365,000 pesticide users get a CWA permit before spraying in or near lakes and streams. Farmers and other chemical users already have to meet stringent requirements for pesticide application under FIFRA, Hagan said, and the CWA permit only adds a duplicative, unnecessary layer of bureaucracy. Hagan said the "overlapping regulations" have also forced some municipalities to cut down on spraying for mosquitoes "because they don't have the manpower (to deal with the extra red tape), and they fear lawsuits."
Opponent's argument against bill: (Oregon Sierra Club newsletter Dec. 2012): Rachel Carson's "Silent Spring" turned 50 this fall: it catalyzed the environmental movement [by focusing on pesticides like DDT]. Today we still face the issues she outlined in Silent Spring. Pesticide law and regulation in the US is a case study in corporate capture: beholden to the farm lobby in Congress, all the way back to the 1947 formation of FIFRA.
FACT: From 1988 to 1995, more than 65 bills were introduced in Congress to tighten pesticide regulations. None of them passed.
FACT: In the late 1990s, two separate investigations revealed that more than half of all former top-level pesticide regulators at the EPA subsequently went to work for, or were paid by, pesticide and chemical industry interests actively involved in fighting EPA efforts to protect the public from pesticides.
Congressional Summary:Amends the Clean Water Act to prohibit the EPA from requiring permits for a discharge of stormwater runoff resulting from silviculture activities.
Opponent's argument against bill: (Evergreen Magazine and Washington Forest Law Center): In Aug. 2010, the Ninth Circuit Court of Appeals ruled unanimously that polluted stormwater generated by logging roads is subject to regulation under the Clean Water Act. [The ruling meant] that rain runoff from forest roads constituted an industrial (not forestry) activity, which should be considered a "point source" discharge under the CWA. The lawsuit was brought because forest roads have been dumping sediment into rivers that support myriad species of salmon and resident trout, all of which are at risk from the pollution. The ruling will require State agencies to issue permits and ensure that road construction and maintenance practices limit or eliminate such discharges.
In March 2013, the US Supreme Court reversed the Ninth Circuit: permits are not required for stormwater discharges from pipes, ditches and channels along logging roads. [This legislation supports the Supreme Court ruling, against the Ninth Circuit conclusion].
Proponent's argument for bill: (Press release by sponsors):
Sen. WYDEN (D-OR): "We need a healthy timber industry to provide timber jobs and to do the restoration work that ensures healthy forests. The way to do that is to stop litigating questions that have already been answered."
Sen. CRAPO (R-ID): "The jobs and economic activities relating to the forest products industry are critical to the Pacific Northwest. The Clean Water Act was not intended to regulate stormwater runoff on forest roads."
Rep. HERRERA BEUTLER (R-WA): "At the heart of our efforts are the moms and dads employed by healthy, working forests--and passing this law will help make sure they have jobs, and will help make our forests healthy."
Argument in opposition: (by Rep. Bishop, D-NY-1)
The enactment of H.R. 5078 would, unfortunately, lock in place the interpretive guidance of the Bush administration: traditional Clean Water Act protections over a significant percentage of waters has been called into question or have simply been lost. These are protections that existed for over 30 years prior to the issuance of the first Bush-era guidance in 2003 and are now all but lost, making it harder and more costly for individual States to protect their own waters should their upstream neighbors be unwilling or unable to fill in the gap in protecting water quality.
Pollution needs to go somewhere, and since pollution does not respect State boundaries when it travels downstream, it will have an adverse impact on the quality of life and the quality of the environment of those downstream States. Under H.R. 5078, the EPA would be prohibited from ensuring that polluters in Connecticut continue to reduce excessive amounts of nitrogen in the Sound, leaving my constituents in the State of New York without any recourse to stop them.
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