Fischer Joins Bill to Protect Nebraskans from Duplicative Pesticide Rules

Press Release

U.S. Senator Deb Fischer (R-NE) has joined a bipartisan group of senators to introduce legislation that would eliminate duplicative, burdensome EPA regulations on pesticides users. The bill, known as the Sensible Environmental Protection Act (SEPA), would clarify the intent of current federal regulations that are causing unnecessary burdens for Nebraska's food producers, Natural Resource Districts, weed control agencies, and other pest management personnel. Senator Fischer released the following statement regarding the legislation this afternoon:

"Pesticide applicators across Nebraska are being forced to deal with duplicative and onerous federal regulations. This is causing real harm, resulting in increased costs throughout Nebraska and across America.

"To help alleviate this burden, I've joined my colleagues to introduce SEPA, which targets the requirements associated with the pesticide permits. Through this bipartisan legislation, we can provide relief to countless Nebraska farmers, outdoor enthusiasts, and their families."

For over 30 years, the EPA has implemented a rigorous regulatory structure for pesticide applications under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). FIFRA governs the sale, distribution and use of pesticides, with the goal of protecting human health and the environment. This statute requires pesticides to be evaluated and registered with the EPA. Despite the fact that a federal regulatory framework is already in place, a 2009 court decision has forced the EPA require additional permits under the Clean Water Act for certain applications of pesticides in or near water. This duplicative regulatory requirement went into effect in 2011.

SEPA would clarify this rule, stating that Clean Water Act permits are not required for pesticide applications in or near water. The bill would also require the EPA to report to Congress on whether the FIFRA process could better protect human health and the environment.

As a result of this dual regulation, the EPA has estimated an additional 365,000 pesticide users have been required to obtain Clean Water Act permits. This is nearly double the number of entities previously subjected to permitting requirements, costing farmers and their families more than $50 million a year.

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