U.S. Sen. Dick Durbin, left, a Springfield Democrat, greets Vermillion County Illinois Farm Bureau Leader to Washington participant Michael Marron at the conclusion of Durbin’s meeting with IFB, Illinois Corn Growers Association, and Illinois Soybean Association representatives. (Photo by Martin Ross) |
Lawmakers move closer to blocking NPDES permits
In a Capitol Hill meeting with Illinois growers, Durbin agreed permit requirements for individual applications are “impractical when you consider all the applications in our state.”
Martin Ross
Published: Mar 20, 2011
Paul Schlegel is a part of America Farm Bureau Federation’s self-professed “gloom-and-doom team,” charged with monitoring environmental, energy, immigration, and other policies that impact -- and sometimes depress -- agriculture.
Schlegel nonetheless brought guarded optimism into his meeting with Illinois Farm Bureau Leaders to Washington last week, noting swift congressional movement to halt prospective new federal pesticide permits.
“I don’t want to get excited, but we’re cautiously hopeful,” Schlegel said a day before the House Transportation and Infrastructure Committee approved a bipartisan bill that clarifies the Federal Insecticide, Fungicide, and Rodenticide Act’s (FIFRA) sole authority over applications.
That’s key in heading off U.S. Environmental Protection Agency (EPA) “guidance” that could lead to the agency controlling water quality issues well beyond its Supreme Court-determined Clean Water Act (CWA) purview over commercially “navigable” waters, he said.
Following a federal court ruling identifying spray nozzle applications as a possible “point” source that could pollute water resources, EPA proposed National Pollutant Discharge Elimination System (NPDES) permits for selected pesticide applications. Currently, permits would be limited to chemicals used in, near, or over water.
But new permits amount to “regulatory overreach and expense to the states” that must implement them, as well as groundwork for future ag pesticide regulation, Schlegel said. IFB Leader Mike Marron warns NPDES permits set “a dangerous precedent in terms of the balance of powers,” essentially usurping Congress’ intent with the CWA.
“I don’t think it was ever intended to call a spray boom a point source,” Leader to Washington Chris Hausman said.
EPA’s permit scheme tentatively is effective April 9, though EPA Administrator Lisa Jackson has asked the court to delay that deadline.
The House permit prevention measure, co-sponsored by Rep. Bob Gibbs (R-Ohio), a former Ohio Farm Bureau president, now moves to the House floor. Schlegel is buoyed by support among a broad range of lawmakers, including liberals such as Reps. Barney Frank (D-Mass.) and Peter deFazio (D-Ore.).
He acknowledged Senate Environment Chairman Barbara Boxer (D-Calif.) likely will try to kill the bill in the Senate, or at least attempt to “extract something she wants in return.” However, Senate Democrat leaders may view the measure as “something (they) can give to the moderates” -- an important consideration with tighter Senate party margins.
As an Environment Committee member, Sen. Dick Durbin, a Springfield Democrat is “absolutely key” to shepherding the bill to the White House.
In a Capitol Hill meeting with Illinois growers, Durbin agreed permit requirements for individual applications are “impractical when you consider all the applications in our state.”
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