ENVIRONMENT BRIEFS
News Date June 03, 2009
ENVIRONMENT BRIEFS
6th CIRCUIT ORDERS EPA TO RESPOND TO REHEARING. The 6th Circuit Court of Appeals directed the Environmental Protection Agency (EPA) to respond by June 3 to the request by a coalition of agriculture groups for a rehearing of NCC v. EPA. The agriculture coalition has asked that the full 6th Circuit reconsider the Court’s earlier decision to require NPDES permits for all aquatic and many terrestrial pesticide applications. The Court previously requested a response from the environmental petitioners to this rehearing request. NASDA wrote EPA Administrator Jackson on May 28 urging her to remain consistent with the agency’s previous legal arguments and also support the request for a rehearing. Earlier this month, NASDA submitted a letter to the Court expressing concerns with the decision, particularly as it impacts state regulators’ authority and responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). NASDA’s letter supported the agricultural petitioners’ request for a rehearing.
SOIL FUMIGANT REREGISTRATION ELIGIBILITY DECISIONS. EPA announced amended Reregistration Eligibility Decisions (REDs) for soil fumigant pesticides on May 27. The amended REDs will, among other things, require buffer zones around treated fields; written, site-specific fumigant management plans; and modifications to and prohibitions of certain application methods. The REDs issued last Wednesday modify earlier measures announced in July 2008. The new REDs include smaller buffers for chloropicrin and larger buffers for dazomet. Additionally, the new REDs allow for the overlap of buffer zones and relax requirements for buffers that include public rights of way. The EPA guidelines will require fumigators to notify State Lead Agencies about applications they plan to conduct if those agencies desire to receive such information. EPA has also indicated that it will work with all the states to amend their cooperative agreements with EPA to include compliance with new fumigant labels. NASDA submitted comments to EPA on these REDs on March 6, 2009 and expressed concern with elements of its earlier proposal. While the modifications include some improvements over the earlier proposal, a number of NASDA members remain very concerned with EPA’s announcement.
SENATE MAY ADDRESS CLEAN WATER ACT EXPANSION. The Senate Environment and Public Works Committee could potentially mark up legislation to expand the scope of the Clean Water Act on June 4. In its current form, the so-called "Clean Water Restoration Act" (S.787) would remove "navigable" from the definition of waters under federal jurisdiction and subject ground water, ditches, and even municipal storm drains to federal regulatory control. This would likely have significant implications on agricultural producers, state water officials, and private property owners. (Contact: Nathan Bowen)