[Congressional Record Volume 162, Number 30 (Thursday, February 25, 2016)]
[Senate]
[Page S1061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3324. Mr. CRAPO (for himself and Mrs. Fischer) submitted an 
amendment intended to be proposed to amendment SA 2953 proposed by Ms. 
Murkowski to the bill S. 2012, to provide for the modernization of the 
energy policy of the United States, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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.
                                 ______