[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3605 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3605

To clarify Congressional intent regarding the regulation of the use of 
    pesticides in or near navigable waters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

  Mrs. Hagan (for herself, Mr. Crapo, Mrs. McCaskill, Mr. Risch, Mr. 
Carper, Mr. Vitter, Mr. Coons, Ms. Landrieu, Mr. Pryor, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
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 ``Restoring Effective Environmental 
Protection Act of 2012''.

SEC. 2. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF PESTICIDES; REPORT.

    (a) 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 (33 
        U.S.C. 1342), the Administrator or a State shall not require a 
        permit under that Act for a discharge from a point source into 
        navigable waters of--
                    ``(A) a pesticide authorized for sale, 
                distribution, or use under this Act; or
                    ``(B) the residue of the pesticide, resulting from 
                the application of the pesticide.''.
    (b) 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) a pesticide authorized for sale, 
                distribution, or use under the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); 
                or
                    ``(B) the residue of the pesticide, resulting from 
                the application of the 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 (7 U.S.C. 
                136 et seq.) relevant to protecting water quality if--
                            ``(i) the discharge would not have occurred 
                        without 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.''.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency, in 
consultation with the Secretary of Agriculture, shall submit a report 
to the Committee on Environment and Public Works and the Committee on 
Agriculture of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Agriculture of the House of 
Representatives that includes--
            (1) the status of intra-agency coordination between the 
        Office of Water and the Office of Pesticide Programs of the 
        Environmental Protection Agency regarding streamlining 
        information collection, standards of review, and data use 
        relating to water quality impacts from the registration and use 
        of pesticides;
            (2) an analysis of the effectiveness of current regulatory 
        actions relating to pesticide registration and use aimed at 
        protecting water quality; and
            (3) any recommendations on how the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) can be 
        modified to better protect water quality and human health.
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