II Calendar No. 78 112th CONGRESS 1st Session H. R. 872 IN THE SENATE OF THE UNITED STATES April 4, 2011 Received; read twice and referred to the Committee on Agriculture, Nutrition, and Forestry June 21 (legislative day, June 16), 2011 Reported by Ms. Stabenow, without amendment AN ACT 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.

1.

Short title

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

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. .

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 of 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 in the discharge is greater than would have occurred without the violation. (B)Stormwater discharges subject to regulation under subsection (p). (C)The following discharges subject to regulation 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. .

Passed the House of Representatives March 31, 2011. Karen L. Haas, Clerk June 21 (legislative day, June 16), 2011 Reported without amendment