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

                                                  Union Calendar No. 21
112th CONGRESS
  1st Session
                                H. R. 872

                  [Report No. 112-43, Parts I and II]

 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

                             March 29, 2011

Additional sponsors: Mr. Johnson of Illinois, Mr. Denham, Mr. Schrader, 
   Mr. Conaway, Mrs. Lummis, Mr. McIntyre, Mrs. Ellmers, Mr. Gary G. 
 Miller of California, Mr. Shuster, Mr. Walz of Minnesota, Mr. King of 
 Iowa, Mr. Gibson, Mr. Cuellar, Mr. Huelskamp, Mr. Fincher, Mr. Duncan 
  of Tennessee, Mr. Hultgren, Mr. Coble, Mrs. McMorris Rodgers, Mrs. 
Miller of Michigan, Mr. Jones, Mr. Bucshon, Mr. Flores, Mr. Thompson of 
Pennsylvania, Mr. Frank of Massachusetts, Mr. DesJarlais, Mr. McGovern, 
 Mrs. Roby, Mr. Austin Scott of Georgia, Mr. Ribble, Mr. Southerland, 
Mr. Courtney, Mrs. Hartzler, Mr. LoBiondo, Mr. Walden, Mrs. Blackburn, 
 Mr. Smith of Nebraska, Mr. Goodlatte, Mr. Stutzman, Mr. Labrador, Mr. 
Marino, Mrs. Myrick, Mrs. Noem, Ms. Sewell, Mr. Burton of Indiana, Mr. 
   Thompson of Mississippi, Ms. Jenkins, Mr. Pompeo, Mr. Flake, Mr. 
  Johnson of Ohio, Mr. Olson, Mr. Schock, Mr. Long, Mr. Walberg, Mr. 
  Critz, Mr. Nunes, Mr. Paul, Mr. Huizenga of Michigan, Mr. Bishop of 
  Georgia, Mr. Costello, Mr. McKinley, Mr. Lankford, Mr. Landry, Mr. 
    Coffman of Colorado, Mr. Thornberry, Mr. Bachus, Mr. Latta, Mr. 
Canseco, Mr. Altmire, Mr. Donnelly of Indiana, Mr. Griffin of Arkansas, 
Mr. Shimkus, Mrs. Emerson, Mr. Petri, Mr. Stivers, Mr. Farenthold, Mr. 
 Michaud, Mr. Bartlett, Mr. Boren, Mr. Shuler, Mr. Sires, Mr. Tiberi, 
  Mr. LaTourette, Mr. Austria, Mr. Scalise, Mr. Hurt, Mr. Bonner, Mr. 
    Boustany, Mr. Cleaver, Mr. Forbes, Ms. Granger, Mr. Carter, Mr. 
 McClintock, Mr. Rokita, Mr. Barrow, Mr. Kline, Mr. Rogers of Alabama, 
    Mr. Barletta, Mr. Berg, Mr. Reed, Mr. Camp, Mr. Wilson of South 
  Carolina, Mr. Posey, Mr. Cravaack, Mr. Hastings of Washington, Mr. 
Cole, Mr. Pence, Ms. Foxx, Mr. Fortenberry, Mr. Mulvaney, Mr. Nunnelee, 
      Mr. Gowdy, Mr. Palazzo, Mr. Dold, Mr. Dent, and Mr. McHenry

                             March 29, 2011

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 29, 2011

Reported from the Committee on Agriculture with an amendment; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Reducing Regulatory Burdens 
Act of 2011''.</DELETED>

<DELETED>SEC. 2. USE OF REGISTERED PESTICIDES.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. DISCHARGES OF PESTICIDES.</DELETED>

<DELETED>    Section 402 of the Federal Water Pollution Control Act (33 
U.S.C. 1342) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(s) Discharges of Pesticides.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) shall not apply 
        to the following discharges containing a pesticide or pesticide 
        residue:</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) the discharge would not have 
                        occurred but for the violation; or</DELETED>
                        <DELETED>    ``(ii) the amount of pesticide or 
                        pesticide residue contained in the discharge is 
                        greater than would have occurred without the 
                        violation.</DELETED>
                <DELETED>    ``(B) Stormwater discharges regulated 
                under subsection (p).</DELETED>
                <DELETED>    ``(C) Municipal or industrial discharges 
                regulated under this section, including--</DELETED>
                        <DELETED>    ``(i) manufacturing or industrial 
                        effluent;</DELETED>
                        <DELETED>    ``(ii) treatment works effluent; 
                        and</DELETED>
                        <DELETED>    ``(iii) discharges incidental to 
                        the normal operation of a vessel, including a 
                        discharge resulting from ballasting operations 
                        or vessel biofouling prevention.''.</DELETED>

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 authorized 
        for sale, distribution, or use 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) The following discharges regulated under this 
                section:
                            ``(i) Manufacturing or industrial effluent.
                            ``(ii) Treatment works effluent.
                            ``(iii) Discharges incidental to the normal 
                        operation of a vessel, including a discharge 
                        resulting from ballasting operations or vessel 
                        biofouling prevention.''.

SECTION 1. SHORT TITLE.

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

SEC. 2. USE OF AUTHORIZED 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 authorized 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 authorized for sale, distribution, or use 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.''.
                                                  Union Calendar No. 21

112th CONGRESS

  1st Session

                               H. R. 872

                  [Report No. 112-43, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 29, 2011

 Reported from the Committee on Transportation and Infrastructure with 
                              an amendment

                             March 29, 2011

Reported from the Committee on Agriculture with an amendment; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed