S.Amdt. 1103Senate113th Congress (2013-2015)

S.Amdt. 1103

What it does: Adds SEC. 122__. REDUCING REGULATORY BURDENS on page 1150, line 15
Submitted May 22, 2013

What it changes

1 change to S. 954

Adds a section
  1. Adds SEC. 122__. REDUCING REGULATORY BURDENS on page 1150, line 15

    Adds a sectionPrinted page

    Inserted: SEC. 122__. REDUCING REGULATORY BURDENS.

    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 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

    Inserted: use under this Act, or the residue of such a pesticide, resulting from the application of such 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, or the residue of such a pesticide, resulting from the application of such 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 amount 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).

    Show 4 more inserted paragraphs

    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.".

    Original wording

    On page 1150, after line 15, add the following:

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

As printed

SA 1103. Mr. JOHANNS submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1150, after line 15, add the following:

SEC. 122__. REDUCING REGULATORY BURDENS.

(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 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.”.

(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, 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.”.

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Senate amendment submitted

May 22, 2013