S.Amdt. 807

SA 807. Mr. ROBERTS (for himself, Mr. Johanns, Mr. Boozman, Mr.
Lugar, Mr. Chambliss, Mr. Inhofe, Mr. Thune, Mr. Moran, Mr. Barrasso,
Mr. Crapo, and Mr. Risch) submitted an amendment intended to be
proposed to amendment SA 738 proposed by Mr. Inouye to the bill H.R.
2112, making appropriations for Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies programs for the fiscal
year ending September 30, 2012, and for other purposes; which was
ordered to lie on the table; as follows:

On page 83, between lines 20 and 21, insert the following:
Sec. 7__. (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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