NPDES Overview and Impact on Vector Control and Public Health

NPDES Overview and Impact on Vector Control and Public Health

Federal Pesticide Laws Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) requires registration of pesticides; Risk/benefit balancing; STANDARD: FIFRA 3(c)(5) register a pesticide if it will not cause unreasonable adverse effects on the environment Label is the law; Regulates manufacture, composition, sale, labeling, use and disposal; Primary enforcement through states.

Clean Water Act In 1972, Congress Passed the CWA Restore & maintain chemical integrity of US Waters; Prohibiting discharges of any pollutant into waters, except under National Pollution Discharge Elimination System (NPDES) permit. Over 35+ years, EPA never issued NPDES permits for pesticide applications to or over water, nor ever stated that one is needed.

Why Does Mosquito Control Require Permits? 2001 Headwaters vs Talent Irrigation District Ninth Circuit Reversed the District Court Violation of CWA Products Approved Under FIFRA need NPDES Permit if Applied to WOTUS

History and Key Dates July 2003-EPA published an Interim Statement Pesticides applied to waters of US are not pollutants under CWA & thus do not require NPDES permits. Feb 2005-Finalized Interpretive Statement Applications of pesticides to WOTUS are in compliance with FIFRA Nov 2006-EPA Final Rule Clarifies that CWA permit not required for pesticide applications to WOTUS

History and Key Dates December 2006-Petitions for review were filed in 11 Circuit Courts challenging the EPA s final rule January 2009 -By lottery, the 6 th Circuit Court heard the case (National Cotton Council et al. v. EPA). The court (3 member panel) agreed that not all pesticides are pollutants but they ruled that all biological pesticides are biological materials and therefore are pollutants. The court also determined that residue or excess pesticides are pollutants once their beneficial use is finished. Finally, the court determined the Final Rule is not a reasonable interpretation of the CWA..thus vacating the rule.

Legislative Fix Past Legislation 2011 HR 872- Reducing Regulatory Burdens Act 2013 HR 935-Reducing Regulatory Burdens Act 2015 HR 897-Zika Vector Control Act Current Legislation 2017-2018 HR 953-Reducing Regulatory Burdens Act of 2017 S 340-Sensible Environmental Protection Act of 2017

What Do We Want? Support for HR 953 and S 340 HR 953-Sponsor Bob Gibbs-Ohio 39 Cosponsors-37 Republican, 2 Democrat 23 Original Cosponsors Passed House in May 2017 256-165 (231R and 25D) S 340-Sponsor Mike Crapo-Idaho 17 Cosponsors-14 Republican, 3 Democrat 14 Original Cosponsors Referred to Senate Environment and Public Works Committee

What Do We Want? Support for ACRE Act S 2663 S 2663-Sponsor John Barrasso-Wyoming 10 Cosponsors-All Republican Referred to Senate Environment and Public Works Committee Hoping for Attachment to Farm Bill Contains Other Provisions-Protection of Farmer Identity, Cormorants, Baiting of Migratory Game Birds, etc. Provisions are Protective of Agricultural Practices-Section 6

What Have Our Critics Said? Application Paperwork is Short Permits Haven t Halted Operations Compliance and Increased Regulation has Forced Some Districts to Modify Their Program Permits are Needed to Protect Water Quality There has been NO Evidence that these Permits have Enhanced Water Quality Does Not Reduce Pesticide Applications Requirements are Identical to Provisions under FIFRA WE NEED TO DEBUNK THESE MISNOMERS

NPDES Compliance Costs Costs State of CA Estimated $3M Spent on Permit Daily Compliance Costs Liability Costs Toledo Currently Facing Threat of CWA Lawsuit Potential Citizen Lawsuits Penalties up to $37,500 per day Cost of Litigation Money and Time Spent on Litigation and Compliance Takes Away From Actual Mosquito Control

Permits Don t Make Sense For Us We Recognize the Need to Protect Water Quality- We Are Environmental Stewards FIFRA is Protective of Water Quality EPA Registers Products for Use This Regulation is Duplicative and Doesn t Provide any Additional Environmental Benefit

Why Is This Still Important? Senate EPW Roadblock Potentially Removed Administration and Congress Leadership Change Potential for Tougher Regulations Continues to Take Time and Resources Away From Real Work

What Is AMCA Doing? Partnering with a Coalition Including Agriculture, Applicators, Herbicide, and Industry Very Important Issue for the Coalition Meetings and Conference Calls Supporting Legislation Drafting and Submitting Letters of Support Coalition Spends Significant Time and Effort to Continue to Push this Issue

Final Push Change in Leadership Focused on Regulation Reform Senate EPW Committee Seems Amenable to Passage Language Attached to Farm Bill or Infrastructure Legislation

Tell Your Story What are the Impacts to your District? Time Staff Paperwork Consultants MAKE IT PERSONAL-TELL THEM HOW THEIR CONSTITUENTS HAVE BEEN AFFECTED

Talking Points-What to Say in Your Meetings We are protective of the environment No evidence that these permits have met the goal of enhancing water quality-nothing has changed This is a duplicative regulation with FIFRA This has the potential to bleed over into Agriculture Citizen suits are real and costly We value our resources and don t want to be inefficient

Talking Points-What to Say in Your Meetings Key Committee of Jurisdiction House-Agriculture or Transportation and Infrastructure Senate-Agriculture or Environment and Public Works ACRE Act in Senate Farm Bill Letters Submitted in Support in Both Senate and House Farm Bills

OUR VOICE NEEDS TO BE CONSISTENT AND CONTINUOUS