RURAL Act

I ★ 117TH CONGRESS 1ST SESSION H. R. 1821 To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent re- garding the regulation of the use of pesticides in or near navigable waters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2021 Mr. GIBBS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Federal Water Pollution Control Act to clarify Congressional intent regarding the regula- tion of the use of pesticides in or near navigable waters, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reducing Unnecessary 4 Regulations on Agricultural Lands Act’’ or the ‘‘RURAL 5 Act’’. 6 VerDate Sep 11 2014 05:42 Sep 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1821.IH H1821 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 1821 IH1S SEC. 2. USE OF AUTHORIZED PESTICIDES. 1 Section 3(f) of the Federal Insecticide, Fungicide, 2 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 3 adding at the end the following: 4 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- 5 cept as provided in section 402(t) of the Federal 6 Water Pollution Control Act, the Administrator or a 7 State may not require a permit under such Act for 8 a discharge from a point source into navigable 9 waters of a pesticide authorized for sale, distribu- 10 tion, or use under this Act, or the residue of such 11 a pesticide, resulting from the application of such 12 pesticide.’’. 13 SEC. 3. DISCHARGES OF PESTICIDES. 14 Section 402 of the Federal Water Pollution Control 15 Act (33 U.S.C. 1342) is amended by adding at the end 16 the following: 17 ‘‘(t) DISCHARGES OF PESTICIDES.— 18 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 19 provided in paragraph (2), a permit shall not be re- 20 quired by the Administrator or a State under this 21 Act for a discharge from a point source into navi- 22 gable waters of a pesticide authorized for sale, dis- 23 tribution, or use under the Federal Insecticide, Fun- 24 gicide, and Rodenticide Act, or the residue of such 25 VerDate Sep 11 2014 05:42 Sep 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1821.IH H1821 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 1821 IH1S a pesticide, resulting from the application of such 1 pesticide. 2 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 3 apply to the following discharges of a pesticide or 4 pesticide residue: 5 ‘‘(A) A discharge resulting from the appli- 6 cation of a pesticide in violation of a provision 7 of the Federal Insecticide, Fungicide, and 8 Rodenticide Act that is relevant to protecting 9 water quality, if— 10 ‘‘(i) the discharge would not have oc- 11 curred but for the violation; or 12 ‘‘(ii) the amount of pesticide or pes- 13 ticide residue in the discharge is greater 14 than would have occurred without the vio- 15 lation. 16 ‘‘(B) Stormwater discharges subject to reg- 17 ulation under subsection (p). 18 ‘‘(C) The following discharges subject to 19 regulation under this section: 20 ‘‘(i) Manufacturing or industrial efflu- 21 ent. 22 ‘‘(ii) Treatment works effluent. 23 ‘‘(iii) Discharges incidental to the nor- 24 mal operation of a vessel, including a dis- 25 VerDate Sep 11 2014 05:42 Sep 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1821.IH H1821 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 1821 IH1S charge resulting from ballasting operations 1 or vessel biofouling prevention.’’. 2 Æ VerDate Sep 11 2014 05:42 Sep 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1821.IH H1821 pbinns on DSKJLVW7X2PROD with BILLS