S.Amdt. 1003
What it does: Adds Sec. 2__. (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: on page 37, between lines 15 and 16
Sen. Pat Roberts (R-KS)What it changes
1 change to S.Amdt. 957
Adds Sec. 2__. (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: on page 37, between lines 15 and 16
Adds a sectionInserted: Sec. 2__. (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:
Inserted: "(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 that 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 the pesticide.".
Inserted: (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:
Inserted: "(s) Discharges of Pesticides.--
Inserted: "(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 (7 U.S.C. 136 et seq.), or the residue of such a pesticide, resulting from the application of the pesticide.
Inserted: "(2) Exceptions.--Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:
Inserted: "(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--
Inserted: "(i) the discharge would not have occurred but for the violation; or
Inserted: "(ii) the quantity of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
Inserted: "(B) Stormwater discharges subject to regulation under subsection (p).
Inserted: "(C) The following discharges subject to regulation under this section:
Inserted: "(i) Manufacturing or industrial effluent.
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Inserted: "(ii) Treatment works effluent.
Inserted: "(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.".
Original wording
On page 37, between lines 15 and 16, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1003. Mr. ROBERTS (for himself, Mr. Johanns, and Mr. Boozman) submitted an amendment intended to be proposed to amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:
On page 37, between lines 15 and 16, insert the following:
Sec. 2__. (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, the Administrator or a State may not require a permit under that 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 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 pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), or the residue of such a 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 that is relevant to protecting water quality, if--
“(i) the discharge would not have occurred but for the violation; or
“(ii) the quantity 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.”.
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Senate amendment submitted
November 15, 2011