[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 872 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 872

 To amend the Federal Insecticide, Fungicide, and Rodenticide Act and 
the Federal Water Pollution Control Act to clarify Congressional intent 
regarding the regulation of the use of pesticides in or near navigable 
                    waters, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2011

 Mr. Gibbs (for himself, Mrs. Schmidt, Mr. Baca, Mr. Mica, Mr. Lucas, 
    Mr. Peterson, Mr. Simpson, Mr. Graves of Missouri, Mr. Ross of 
 Arkansas, Mr. Neugebauer, Mr. Boswell, Mr. Crawford, Mr. Sablan, Mr. 
 Herger, Mr. Kissell, Mr. Schilling, Mr. Costa, Mr. Tipton, Mr. Owens, 
Mr. Rooney, Mr. Cardoza, and Mr. Holden) 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 and 
the Federal Water Pollution Control Act to clarify Congressional intent 
regarding the regulation of the use of pesticides in or near navigable 
                    waters, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Regulatory Burdens Act of 
2011''.

SEC. 2. USE OF REGISTERED PESTICIDES.

    Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
            ``(5) Use of registered pesticides.--Except as provided in 
        section 402(s) of the Federal Water Pollution Control Act, the 
        Administrator or a State may not require a permit under such 
        Act for a discharge from a point source into navigable waters 
        of a pesticide registered under this Act, or the residue of 
        such a pesticide, resulting from the application of such 
        pesticide.''.

SEC. 3. DISCHARGES OF PESTICIDES.

    Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 
1342) is amended by adding at the end the following:
    ``(s) Discharges of Pesticides.--
            ``(1) No permit requirement.--Except as provided in 
        paragraph (2), a permit shall not be required by the 
        Administrator or a State under this Act for a discharge from a 
        point source into navigable waters of a pesticide registered 
        under the Federal Insecticide, Fungicide, and Rodenticide Act, 
        or the residue of such a pesticide, resulting from the 
        application of such pesticide.
            ``(2) Exceptions.--Paragraph (1) shall not apply to the 
        following discharges containing a pesticide or pesticide 
        residue:
                    ``(A) A discharge resulting from the application of 
                a pesticide in violation of a provision of the Federal 
                Insecticide, Fungicide, and Rodenticide Act that is 
                relevant to protecting water quality, if--
                            ``(i) the discharge would not have occurred 
                        but for the violation; or
                            ``(ii) the amount of pesticide or pesticide 
                        residue contained in the discharge is greater 
                        than would have occurred without the violation.
                    ``(B) Stormwater discharges regulated under 
                subsection (p).
                    ``(C) Municipal or industrial discharges regulated 
                under this section, including--
                            ``(i) manufacturing or industrial effluent;
                            ``(ii) treatment works effluent; and
                            ``(iii) discharges incidental to the normal 
                        operation of a vessel, including a discharge 
                        resulting from ballasting operations or vessel 
                        biofouling prevention.''.
                                 <all>