Question of the Week: Reducing Regulatory Burdens

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These questions are culled from phone calls, letters, faxes and e-mails sent to Rep. Gallegly's Camarillo, Solvang, and Washington offices. Each week Rep. Gallegly adds another question and answer. Please add your comments.

April 1, 2011

Question: The House of Representatives considered H.R. 872, the Reducing Regulatory Burdens Act of 2011, this week. How did you vote on this legislation?

Answer: For the past four decades, water quality concerns related to pesticide applications have been addressed within the registration process under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which falls under the jurisdiction of the Environmental Protection Agency (EPA).

However, in January 2009, the Sixth Circuit Court of Appeals ruled that in the case of National Cotton Council v. EPA, that the EPA did not have authority under the Clean Water Act to exempt application of pesticides under FIFRA, and ruled that the requirements of the Clean Water Act also be instituted. This would require states to establish an additional permit program under the Clean Water Act for pesticide applications.

This permit requirement is an economic burden to all from the federal government to state agencies, from farmers to foresters, from public health agencies to everyday citizens with lawns and gardens. H.R. 872 will eliminate this costly and duplicative permitting requirement for applying pesticides by making it clear Congress' intent to have pesticides regulated under FIFRA.

The EPA already comprehensively regulates the distribution, sale and use of pesticides and there is no need for a redundant layer of bureaucracy.

With my support the House of Representatives approved H.R. 872 by a vote of 292-130, on March 31, 2011. This legislation now awaits consideration by the Senate.

For previous Questions of the Week chronologically and by topic, please see my Questions of the Week page.

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