II 109th CONGRESS 1st Session S. 1269 IN THE SENATE OF THE UNITED STATES June 20, 2005 Mr. Inhofe (for himself, Mrs. Lincoln, Mr. Crapo, Mr. Bond, Mr. Chambliss, Mr. Cochran, Mr. Isakson, Mr. Thomas, Mr. Hagel, Mr. Craig, and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to clarify certain activities the conduct of which does not require a permit.

1.

Short title

This Act may be cited as the Pest Management and Fire Suppression Flexibility Act.

2.

Harmonization

Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following: (3)

Public health protection and pest management activities

The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require a State to require such a permit, for— (A)the use of a pesticide that is registered or otherwise approved for use pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if that use is in accordance with the relevant provisions of the approved labeling of the pesticide; (B)the use of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines by or in cooperation with the Federal Government or a State government; (C)silvicultural activities (except with respect to the point source activities specified in section 122.27(b)(1) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph)); or (D)(i)the use of a biological control organism (as defined in section 403 of the Plant Protection Act (7 U.S.C. 7702)) for the prevention, control, or eradication of a plant pest or noxious weed; or (ii)the conduct of any other plant pest, noxious weed, or pest control activity under that Act (7 U.S.C. 7701 et seq.). .

3.

Definition of point source

Section 502(14) of the Federal Water Pollution Control Act (33 U.S.C. 1362(14)) is amended by striking the second sentence and inserting the following: This term does not include agricultural stormwater discharges, return flows from irrigated agriculture, or the public health protection, pest management, and silvicultural activities described in section 402(l)(3)..