Restoring Effective Environmental Protection Act of 2012 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to prohibit the Administrator of the Environmental Protection Agency (EPA) or a state from requiring a permit under CWA for a discharge from a point source into navigable waters of: (1) a pesticide authorized for sale, distribution, or use under FIFRA; or (2) the residue of the pesticide, resulting from the application of the pesticide. Excepts: (1) a discharge resulting from the application of a pesticide in violation of a provision of FIFRA relevant to protecting water quality if the discharge would not have occurred without the violation or if the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation; (2) stormwater discharges regulated under the National Pollutant Discharge Elimination System (NPDES); and (3) discharges of manufacturing or industrial effluent, treatment works effluent, and discharges incidental to the normal operation of a vessel.
Directs the Administrator to report to specified congressional committees on: (1) the status of intra-agency coordination between the Office of Water and the Office of Pesticide Programs of EPA regarding streamlining information collection, standards of review, and data use relating to water quality impacts from the registration and use of pesticides; (2) an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality; and (3) recommendations on how FIFRA can be modified to better protect water quality and human health.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3605 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3605
To clarify Congressional intent regarding the regulation of the use of
pesticides in or near navigable waters, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2012
Mrs. Hagan (for herself, Mr. Crapo, Mrs. McCaskill, Mr. Risch, Mr.
Carper, Mr. Vitter, Mr. Coons, Ms. Landrieu, Mr. Pryor, and Mr. Conrad)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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 ``Restoring Effective Environmental
Protection Act of 2012''.
SEC. 2. USE OF AUTHORIZED PESTICIDES; DISCHARGES OF PESTICIDES; REPORT.
(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 (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--
``(A) a pesticide authorized for sale,
distribution, or use under this Act; or
``(B) the residue of the 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) a pesticide authorized for sale,
distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
or
``(B) the residue of the 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 (7 U.S.C.
136 et seq.) relevant to protecting water quality if--
``(i) the discharge would not have occurred
without 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.''.
(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 a report
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 that includes--
(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;
(2) an analysis of the effectiveness of current regulatory
actions relating to pesticide registration and use aimed at
protecting water quality; and
(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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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