< Back to S. 802 (113th Congress, 2013–2015)

Text of the Sensible Environmental Protection Act of 2013

This bill was assigned to a congressional committee on April 24, 2013, which will consider it before possibly sending it on to the House or Senate as a whole. The text of the bill below is as of Apr 24, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 802

IN THE SENATE OF THE UNITED STATES

April 24, 2013

(for herself,Mr. Crapo,Mr. Carper,Mr. Vitter,Mr. Coons,Mr. Risch,Ms. Heitkamp,Mr. Inhofe,Mrs. McCaskill,Mr. Donnelly,Mr. Pryor,Ms. Landrieu, andMr. Chambliss) introduced the following bill; which was read twice and referred to theCommittee 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.

1.

Short title

This Act may be cited as the Sensible Environmental Protection Act of 2013 .

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), theAdministratoror 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 inparagraph (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 undersubsection (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, theAdministrator of the Environmental Protection Agency, in consultation with theSecretary of Agriculture, shall submit a report to theCommittee on Environment and Public Worksand theCommittee on Agriculture of the Senateand theCommittee on Transportation and Infrastructureand theCommittee on Agriculture of the House of Representativesthat includes—

(1)

the status of intra-agency coordination between theOffice of Waterand theOffice of Pesticide Programs of the Environmental Protection Agencyregarding 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.