This isn't the first time this has been argued by the EPA on behalf of the pesticide industry. In Jan 2009, the 6th Circuit Court of Appeals reversed an earlier EPA decision that pesticide use "should not" fall under the Clean Water Act passed in 1972. The court ruled that "pesticides constituted pollutants under federal law and thereby had to be regulated to protect public health and the environment". The rule excluding pesticides was put into place by the Bush administration; no surprise there.
What do you think?