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H.R. 953 (115th): Reducing Regulatory Burdens Act of 2017


The text of the bill below is as of May 25, 2017 (Referred to Senate Committee). The bill was not enacted into law.

Summary of this bill

Source: Republican Policy Committee

H.R. 953 amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (also known as the Clean Water Act of CWA) to clarify that it is the intent of Congress that pesticides registered and properly used under FIFRA do not require an additional CWA permit for their use in or around navigable waters.

FIFRA governs the sale and use of pesticides in the U.S. through registration and labeling, in order to “protect human health and the environment from unreasonable adverse effects of pesticides.” FIFRA requires all pesticides be labeled indicating approved uses and restrictions. The objective of the CWA is to “restore and maintain …


IIB

115th CONGRESS

1st Session

H. R. 953

IN THE SENATE OF THE UNITED STATES

May 25, 2017

Received; read twice and referred to the Committee on Environment and Public Works

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 2017.

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 May 24, 2017.

Karen L. Haas,

Clerk