March 16, 2011
www.gfb.org
Vol. 29 No. 11
U.S. HOUSE ADDRESSES MULTIPLE EPA REGULATORY ISSUES Last week, the U.S. House moved forward with two bills aimed at curtailing regulatory initiatives by the U.S. Environmental Protection Agency (EPA) and heard testimony from EPA Administrator Lisa Jackson. The House Agriculture Committee approved H.R. 872, a bill to amend the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) and the Clean Water Act (CWA) to clarify Congressional intent regarding permits for use of pesticides. Sponsored by Rep. Bob Gibbs (R-Ohio), the Reducing Regulatory Burdens Act of 2011 addresses permit requirements imposed on pesticide users by the 6th Circuit Court of Appeals in the 2009 case National Cotton Council vs. EPA. Under the court’s ruling pesticide users would have to obtain a permit under the CWA even when a pesticide is applied in accordance with the FIFRA-approved label. The EPA has asked for delay on the implementation of the ruling until Oct. 31, but otherwise permit coverage would be required by April 9. “Without Congressional action, this misguided ruling would be a crushing blow to an already fragile economy. It would unleash a blitz of regulatory burdens on our farmers and ranchers starting with requiring an extra permit for pesticide applications, thousands of dollars in fines for non-compliance and an increased risk of lawsuits down the road. I urge my colleagues in both the House and the Senate to work together on this issue so we can send a bill to the president,” said Rep. Frank Lucas (R-Okla.), House Ag Committee chair. The House Energy and Power Subcommittee approved a bill on March 10 that would strip the EPA of its power to regulate greenhouse gases (GHGs). The Energy Tax Prevention Act of 2011, introduced by Energy and Commerce Committee Chairman Fred Upton (R-Ky.) and Subcommittee Chairman Ed Whitfield (R-Ky.) would permanently eliminate the EPA’s authority to regulate greenhouse gas emissions from stationary sources like power plants and refineries. A companion bill, S. 482, was also introduced, sponsored by Sen. James Inhofe (R-Okla.). President Barack Obama has said he would veto any legislation that would override EPA authority to regulate GHGs. The House Ag Committee questioned Jackson on EPA policy regarding GHGs, nutrient numeric standards, spray drift, pesticides and Chesapeake Bay regulations. The EPA administrator defended the agency’s stance and called some criticisms of the EPA “fictions.” She said the agency has exempted agricultural sources from GHG regulation, though the agency has estimated that 37,000 farms would be affected under the Clean Air Act Title V program for GHGs.