Another key issue Pirkle addressed in his testimony was the requirement that pesticide applicators obtain a National Pollutant Discharge Elimination System (NPDES) Clean Water Act (CWA) permit to conduct any pesticide applications. Pirkle explained that this is unnecessary since pesticides are already evaluated thoroughly by EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The pesticide label, which includes use instructions for different crops, geographic regions and weather conditions, is approved by EPA, and the instructions are based on mountains of health and environmental data.

"A new NPDES permitting system would result in little to no environmental benefit, but could cost the industry millions of dollars to comply with these new requirements and leave commercial applicators and their farmer customers vulnerable to citizen suits," stated Pirkle. "Legislation has been introduced called the 'Reducing Regulatory Burdens Act' (H.R. 872) that would exempt FIFRA-compliant pesticide applications from CWA permitting requirements."

The Reducing Regulatory Burdens Act is currently part of the House version of the Farm Bill. Pirkle explained to the Committee that it is critical for the House to take action on the 2012 Farm Bill prior to the upcoming August recess to allow time to complete negotiations with the Senate on a final conference agreement.

In Pirkle's role at CPS, he works with his company's staff and management to give direction for the regulatory support and oversight of regulatory programs for all of the company's retail operations. His first-hand experience and regulatory knowledge made his testimony to the House Committee extremely valuable.

Other examples of EPA's Regulatory Overreach that Pirkle mentioned in his testimony included the following key issues under the Clean Water Act and Clean Air Act.

Clean Water Act (CWA) Issues

• EPA's proposed spray drift guidance document that changes the legal standard found in FIFRA to an essentially zero-tolerance spray drift standard.

• EPA's proposed guidance document to expand jurisdiction of the CWA without obtaining the necessary statutory changes or going through the formal rulemaking process.

• Numeric Nutrient Criteria regulations in Florida, Mississippi River Basin and the Chesapeake Bay

Clean Air Act (CAA) Issues

• Dust regulation in the agriculture industry

• Greenhouse Gas Regulations and the increased compliance costs to the suppliers of agricultural retailers, which would be passed along to the retailer and farmer.

In conclusion, Pirkle spoke on behalf of agricultural retailers asking Congress to hold regular oversight hearings regarding federal agency regulatory and enforcement activities. He also requested that Congress take necessary legislative action to prevent EPA from over-reaching its statutory authorities in the areas highlighted in his testimony.

ARA and its member companies are strong stewards of the environment and continue to operate in an environmentally safe manner. ARA welcomes the opportunity to continue to work with the Committee, Congress and EPA to provide any needed statutory clarifications to improve regulations.