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H.R. 953 - Reducing Regulatory Burdens Act of 2017
Sponsor: Bob Gibbs (R)
Introduced: 2017-05-25
Bill Status: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Reducing Regulatory Burdens Act of 2017

(Sec. 2) This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Environmental Protection Agency or a state from requiring a permit under the National Pollutant Discharge Elimination System (NPDES) for a discharge of a pesticide from a point source into navigable waters if the discharge is approved under FIFRA. Point source pollution is waste discharged from a distinct place, such as a pipe, channel, or tunnel.

(Sec. 3) NPDES permits are required for: (1) a discharge resulting from the application of a pesticide in violation of FIFRA that is relevant to protecting water quality, if the discharge would not have occurred but for the violation or the amount of pesticide or pesticide residue contained in the discharge is greater than would have occurred without the violation; (2) stormwater discharges regulated under the National Pollutant Discharge Elimination System (NPDES); and (3) discharges regulated under NPDES of manufacturing or industrial effluent or treatment works effluent and discharges incidental to the normal operation of a vessel, including a discharge resulting from operations concerning ballast water held in ships to increase stability or vessel biofouling prevention.

Full Text


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.

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 “Reducing Regulatory Burdens Act of 2017”.

SEC. 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.”.

SEC. 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.

    Attest:karen l. haas,   
    Clerk

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