[Congressional Record Volume 164, Number 107 (Tuesday, June 26, 2018)]
[Senate]
[Page S4444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3180. Mr. CRAPO (for himself, Mr. Risch, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2, to provide for the reform and continuation of agricultural and other 
programs of the Department of Agriculture through fiscal year 2023, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 125__. 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, shall 
     submit a report to the Committee on Environment and Public 
     Works and the Committee on Agriculture, Nutrition, and 
     Forestry 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.
                                 ______