I 111th CONGRESS 2d Session H. R. 6273 IN THE HOUSE OF REPRESENTATIVES September 29, 2010 Mr. Peterson (for himself, Mr. Holden, Mr. Boswell, Mr. Cardoza, Mr. Skelton, Ms. Herseth Sandlin, Mr. Childers, Mr. Ross, Mr. Costa, Mr. Pomeroy, Mr. Kissell, Mr. Ellsworth, and Mr. Owens) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to exempt the application of pesticides subject to that Act, when applied in conformance with that Act, from certain permit requirements under the Federal Water Pollution Control Act, and for other purposes.

1.

Balancing of Federal Insecticide, Fungicide, and Rodenticide Act and Federal Water Pollution Control Act requirements

(a)

Exemption

Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) is amended by adding at the end the following new subsection: (f)

Exemption from Federal Water Pollution Control Act permit requirement

The Administrator shall not require a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator directly or indirectly require any State to require a permit, for the application of any pesticide subject to this Act if the pesticide is applied in conformance with this Act. . (b)

Conforming amendment

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 new paragraph: (3)

Application of pesticides subject to federal insecticide, fungicide and rodenticide act

The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any State to require a permit, for the application of any pesticide subject to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) if the pesticide is applied in conformance with that Act. .