Summary

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... Read More

Status

This bill was introduced in a previous session of Congress and was passed by the House on Mar 31, 2011 but was never passed by the Senate.

Date Introduced
Mar 2, 2011

Co-Sponsors

d-29
r-107
i-1

Bill Text

A BILL

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Reducing Regulatory Burdens Act of 2011''.

SEC. 2. USE OF REGISTERED 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 registered 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 registered under this Act, or the residue of such a pesticide, resulting from the application of such pesticide.''.

SEC. 3. 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 registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of...

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Popularity Trend

Organizations Supporting

Please ask your member of the House of Representatives to support H.R. 872, the Reducing Regulatory Burdens Act of 2011, which is scheduled to be voted on this week. H.R. 872 clarifies that National Pollutant Discharge Elimination System (NPDES) permits are not required when applying pesticides according to their EPA approved label. While these NPDES permits will not provide any additional environmental benefits, the complex new requirements will expose farmers to potential citizen action suits for something as simple as paperwork violations. http://capwiz.com/ncga/issues/alert/?alertid=38303501

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Organizations Opposing

I strongly urge you to oppose current efforts to amend the Federal Insecticide, Fungicide, and Rodenticide Act either through S.B. 718, introduced by Senator Roberts, or through a Senate version of H.R. 872, the so-called “Reducing Regulatory Burdens Act” that has already passed in the House. These bills would prevent the Environmental Protection Agency from protecting our waterways from pesticide discharges by exempting applications of pesticides to waterways from the Clean Water Act's permitting system. Please do not undercut the EPA’s efforts to stop toxic pesticides from entering our waterways. FIFRA regulates the sale and use of pesticides applications but does not provide any protections tailored to the conditions in specific bodies of water. This failure has caused a dangerous blind spot in protecting human health and ecosystems. Pesticides discharged into our waterways harm fish and amphibians and move up the food chain to humans, and they are known to contaminate drinking-water supplies as well. In the 2009 National Cotton Council et al. v. EPA opinion, the 6th Circuit Court of Appeals ruled that certain pesticides are pollutants and that, under specific circumstances, Clean Water Act permitting requirements apply. Because of this decision, the EPA has moved forward with a National Pollutant Discharge Elimination System general permit for pesticides. By issuing a general permit, as opposed to having each individual discharger obtain a permit, the agency can provide timely and efficient coverage and simplify the permitting process for the majority of polluters while protecting public health and water quality. The NPDES pesticides permit will also require pesticide applicators to analyze safer alternatives to pesticide use, and provide for at least some post-application monitoring for environmental impacts, helping to ensure public safety and creating consistency for the regulated community. Regulating pesticide discharges to water under the NPDES scheme is not duplicative of FIFRA regulation and is absolutely critical. Despite current regulation by FIFRA, pesticides continue to impair our waterways in significant quantities and have caused real harm to public health and ecosystems. The NPDES pesticides permit is necessary to protect our waterways, public health, and fish and wildlife. We urge you to oppose S.B. 718 and any Senate version of H.R. 872. Instead, please support a strong EPA permit to ensure the health and safety of our communities and wildlife. Thank you for your action on this critical issue. http://action.biologicaldiversity.org/p/dia/action/public/?action_KEY=8392#.TrnGwb2uDyY.facebook

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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.

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Bill Summary

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