S.Amdt. 919Senate112th Congress (2011-2013)

S.Amdt. 919

What it does: Replaces the bill's text with a full substitute
Submitted October 31, 2011

What it changes

1 change to H.R. 872 · shown in the bill's text

Full substitute
  1. Replaces the bill's text with a full substitute

    Replaces the full textEverything after the enacting clause

    In H.R. 872 · Reported to Senate

    Struck: SECTION 1. SHORT TITLE.

    Struck: This Act may be cited as the "Reducing Regulatory Burdens Act of 2011".

    Struck: SEC. 2. USE OF AUTHORIZED PESTICIDES.

    Struck: 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: SECTION 1. DELAY OF PERMIT IMPLEMENTATION.

    [struck: "(5) Use of authorized pesticides.--Except as provided in section 402(s)][inserted: During the 2-year period beginning on the date of enactment] of [struck: the Federal Water Pollution Control ][inserted: this ]Act, the Administrator [struck: or a State may not require][inserted: of the Environmental Protection Agency, or] a [struck: permit under such Act for][inserted: State in the case of] a [struck: discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under this Act, or][inserted: permit program under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), shall not require a permit for] the [struck: residue][inserted: discharge] of [struck: such ]a pesticide, [struck: resulting from the application of such pesticide][inserted: including pesticide residue, that is lawfully registered for sale, distribution, or use].[struck: ".]

    Struck: SEC. 3. DISCHARGES OF PESTICIDES.

    Struck: Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

    Struck: "(s) Discharges of Pesticides.--

    Struck: "(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.

    Show 10 more struck paragraphs

    Struck: "(2) Exceptions.--Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:

    Struck: "(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--

    Struck: "(i) the discharge would not have occurred but for the violation; or

    Struck: "(ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.

    Struck: "(B) Stormwater discharges subject to regulation under subsection (p).

    Struck: "(C) The following discharges subject to regulation under this section:

    Struck: "(i) Manufacturing or industrial effluent.

    Struck: "(ii) Treatment works effluent.

    Struck: "(iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.".

    Struck: Passed the House of Representatives March 31, 2011.

    Original wording

    Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 919. Mr. ROBERTS submitted an amendment intended to be proposed by him to the bill H.R. 872, 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; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. DELAY OF PERMIT IMPLEMENTATION.

During the 2-year period beginning on the date of enactment of this Act, the Administrator of the Environmental Protection Agency, or a State in the case of a permit program under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), shall not require a permit for the discharge of a pesticide, including pesticide residue, that is lawfully registered for sale, distribution, or use.

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Senate amendment submitted

October 31, 2011