Congress Threatens to Prevent Regulation of Pesticides in Our Waterways

More than 1,000 U.S. waterways are known to be impaired by pesticide pollution -- and many more may be polluted. In a nationwide survey, the U.S. Geological Survey found pesticides (or their byproducts) in every stream it sampled.

Pesticides discharged into our waterways can kill or cause severe reproductive and developmental harm and cancer in fish and amphibians. The toxins also potentially accumulate in people who eat fish or drink contaminated water.

Yet there's a bill in the Senate right now that would prevent the protection of our waterways under the Clean Water Act from pesticide discharges.

The petrochemical industry and Big Agribusiness are pushing Congress to undermine the Clean Water Act by exempting pesticide applications from water-quality monitoring and permits. We must fight back.

Tell your members of Congress to oppose all efforts to prevent the EPA from protecting our waterways from pesticide pollution.
Dear Senator,

I strongly urge you to oppose current efforts to amend the Federal Insecticide, Fungicide, and Rodenticide Act either through S.B. 718, introduced by Senator Roberts, or through a Senate version of H.R. 872, the so-called "Reducing Regulatory Burdens Act" that has already passed in the House. These bills would prevent the Environmental Protection Agency from protecting our waterways from pesticide discharges by exempting applications of pesticides to waterways from the Clean Water Act's permitting system.

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Please do not undercut the EPA's efforts to stop toxic pesticides from entering our waterways. FIFRA regulates the sale and use of pesticides applications but does not provide any protections tailored to the conditions in specific bodies of water. This failure has caused a dangerous blind spot in protecting human health and ecosystems. Pesticides discharged into our waterways harm fish and amphibians and move up the food chain to humans, and they are known to contaminate drinking-water supplies as well.

In the 2009 National Cotton Council et al. v. EPA opinion, the 6th Circuit Court of Appeals ruled that certain pesticides are pollutants and that, under specific circumstances, Clean Water Act permitting requirements apply. Because of this decision, the EPA has moved forward with a National Pollutant Discharge Elimination System general permit for pesticides. By issuing a general permit, as opposed to having each individual discharger obtain a permit, the agency can provide timely and efficient coverage and simplify the permitting process for the majority of polluters while protecting public health and water quality. The NPDES pesticides permit will also require pesticide applicators to analyze safer alternatives to pesticide use, and provide for at least some post-application monitoring for environmental impacts, helping to ensure public safety and creating consistency for the regulated community.

Regulating pesticide discharges to water under the NPDES scheme is not duplicative of FIFRA regulation and is absolutely critical. Despite current regulation by FIFRA, pesticides continue to impair our waterways in significant quantities and have caused real harm to public health and ecosystems. The NPDES pesticides permit is necessary to protect our waterways, public health, and fish and wildlife.

We urge you to oppose S.B. 718 and any Senate version of H.R. 872. Instead, please support a strong EPA permit to ensure the health and safety of our communities and wildlife. Thank you for your action on this critical issue.
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