Electric Co-op Today

A new Environmental Protection Agency regulation that took effect November 1 will add an extra layer of paperwork for co-ops that apply pesticides and herbicides along rights of way.

A new EPA rule will add more permit paperwork for co-ops that use pesticides and herbicides applicators. (AP Photo/Chen yibao)

An effort by Sen. Pat Roberts, R-Kan., to hold off on implementing the rule for two years stalled in the Senate and paved the way for the permit requirement to go into effect.

“It is a shame this common-sense compromise was rejected due to partisan politics,” said Roberts, the ranking member of the Senate Agriculture Committee. “I remain committed to finding a permanent solution to protect American agriculture and public health departments.”

At issue is a second round of permits that herbicide and pesticide applicators will have to secure, since the chemicals could end up in navigable waters. A federal court held in 2009 that EPA must issue those permits under the Clean Water Act.

That’s in addition to permits required under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which enables EPA to regulate the distribution, sale and use of pesticides and herbicides.

Co-ops have been working for a legislative solution to the court ruling, so they don’t have to get a secondary round of permits, as long as they comply with current rules.

EPA also won a delay in the court ruling to provide time for a congressional fix, but that authority expired Nov. 1.

About 35,000 pesticide applicators will need permits to cover 500,000 applications per year, according to EPA estimates. The agency said the permits will cost states, local entities and applicators $50 million a year.

Sen. Pat Roberts

Roberts has been a leading voice for a bill that would reverse the court decision and prohibit EPA or a state from requiring a permit under the Clean Water Act, when the user already has a proper permit under federal law.

The bill, H.R. 872, sponsored by Rep. Bob Gibbs, R-Ohio, passed the House and the Senate Agriculture Committee earlier this year with bipartisan support, including Senate Agriculture Committee Chairman Debbie Stabenow, D-Mich.

It has not received floor action and Roberts offered the two-year delay as a compromise to avert the Nov. 1 deadline, but opponents rejected his effort to bring it up for a vote.

Sen. Barbara Boxer, D-Calif., chairman of the Environment and Public Works Committee, which shares jurisdiction on the issue, instead wants a comprehensive study of pesticide impacts on waters. Senate Majority Leader Harry Reid, D-Nev., backed her instead of his other committee chairman.

Kirk Johnson, NRECA senior vice president, government relations, said co-ops will continue to work with members of Congress to find a common-sense solution and address the duplicative permitting requirement.

EPA said for the first 120 days of the rule, it will focus on providing compliance assistance and education of the permit requirements, as opposed to enforcement.

Tags: 112th Congress, Clean Water Act, Environmental Protection Agency, Legislation