S.Amdt. 1100

1. Adds SEC. 122__. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF PESTICIDES; REPORT at the end of subtitle C of title XII

   Adds a section

   In S. 954 · Placed on Calendar Senate

   (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2014 through 2019.

   Inserted: SEC. 122__. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF PESTICIDES; REPORT.

   Inserted: (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 subsection (s) of section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), the Administrator or a State shall not require a permit under that Act for a discharge from a point source into navigable waters of--

   Inserted: "(A) a pesticide authorized for sale, distribution, or use under this Act; or

   Inserted: "(B) 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--

   Inserted: "(A) a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); or

   Inserted: "(B) 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 (7 U.S.C. 136 et seq.) relating to protecting water quality if--

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   Inserted: "(i) the discharge would not have occurred without 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.

   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.".

   Inserted: (c) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture, shall submit to the Committee on Environment and Public Works and the Committee on Agriculture of the Senate and the Committee on Transportation and Infrastructure and the Committee on Agriculture of the House of Representatives a report that includes--

   Inserted: (1) the status of intra-agency coordination between the Office of Water and the Office of Pesticide Programs of the Environmental Protection Agency regarding streamlining information collection, standards of review, and data use relating to water quality impacts from the registration and use of pesticides;

   Inserted: (2) an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality; and

   Inserted: (3) any recommendations on how the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) can be modified to better protect water quality and human health.

   Original wording

   At the end of subtitle C of title XII, add the following:

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As printed