9.13 Pesticide Applications In and Over Waters of the U.S.
By way of background, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) established a unique, effective, and comprehensive regulatory web to provide pesticide-related environmental and public health protection in which state lead agencies have primacy in the enforcement of pesticide matters. FIFRA created requirements for pesticide registration, labeling, and use that are the end result of an extensive pre-market approval process. This registration process requires products to meet strict safety guidelines and includes rigorous examination of environmental fate data and health exposure assessments.
NASDA supports the original intent of Congress that FIFRA be the primary federal statute under which pesticide registration and use is regulated.
Pesticide registration and use should not be regulated under other federal statutes (e.g. the Clean Water Act, the Endangered Species Act, the Toxic Substances Control Act, the Resource Conservation and Recovery Act, etc.). Pesticide uses that have been reviewed and registered under FIFRA should not be subject to additional requirements (including permit requirements) under other federal statutes.
In situations where requirements of other environmental statutes overlap with FIFRA, those requirements should be incorporated into the FIFRA registration process in a manner that is science-based, transparent, and allows stakeholders the opportunity to comment upon and fully analyze the ramifications of the proposed action. EPA must recognize that state lead agencies are not only important stakeholders, but are also co-regulators under FIFRA and must, therefore, be intimately involved in this process. (See also: Sections 7.5 and 7.10)