REDTAPE Act

I 116TH CONGRESS 1ST SESSION H. R. 890 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 JANUARY 30, 2019 Mr. GIBBS (for himself, Mr. GOSAR, Mr. KING of Iowa, Mr. LAMALFA, Mr. DESJARLAIS, and Mr. KELLY of Mississippi) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction 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 VerDate Sep 11 2014 02:43 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H890.IH H890 kjohnson on DSK79L0C42 with BILLS 2 •HR 890 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Reducing EPA Dupli- 2 cation to Advance Pesticide Enforcement Act’’ or the 3 ‘‘REDTAPE Act’’. 4 SEC. 2. USE OF AUTHORIZED PESTICIDES. 5 Section 3(f) of the Federal Insecticide, Fungicide, 6 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 7 adding at the end the following: 8 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- 9 cept as provided in section 402(s) of the Federal 10 Water Pollution Control Act, the Administrator or a 11 State may not require a permit under such Act for 12 a discharge from a point source into navigable 13 waters of a pesticide authorized for sale, distribu- 14 tion, or use under this Act, or the residue of such 15 a pesticide, resulting from the application of such 16 pesticide.’’. 17 SEC. 3. DISCHARGES OF PESTICIDES. 18 Section 402 of the Federal Water Pollution Control 19 Act (33 U.S.C. 1342) is amended by adding at the end 20 the following: 21 ‘‘(s) DISCHARGES OF PESTICIDES.— 22 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 23 provided in paragraph (2), a permit shall not be re- 24 quired by the Administrator or a State under this 25 Act for a discharge from a point source into navi- 26 VerDate Sep 11 2014 02:43 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H890.IH H890 kjohnson on DSK79L0C42 with BILLS 3 •HR 890 IH gable waters of a pesticide authorized for sale, dis- 1 tribution, or use under the Federal Insecticide, Fun- 2 gicide, and Rodenticide Act, or the residue of such 3 a pesticide, resulting from the application of such 4 pesticide. 5 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 6 apply to the following discharges of a pesticide or 7 pesticide residue: 8 ‘‘(A) A discharge resulting from the appli- 9 cation of a pesticide in violation of a provision 10 of the Federal Insecticide, Fungicide, and 11 Rodenticide Act that is relevant to protecting 12 water quality, if— 13 ‘‘(i) the discharge would not have oc- 14 curred but for the violation; or 15 ‘‘(ii) the amount of pesticide or pes- 16 ticide residue in the discharge is greater 17 than would have occurred without the vio- 18 lation. 19 ‘‘(B) Stormwater discharges subject to reg- 20 ulation under subsection (p). 21 ‘‘(C) The following discharges subject to 22 regulation under this section: 23 ‘‘(i) Manufacturing or industrial efflu- 24 ent. 25 VerDate Sep 11 2014 02:43 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H890.IH H890 kjohnson on DSK79L0C42 with BILLS 4 •HR 890 IH ‘‘(ii) Treatment works effluent. 1 ‘‘(iii) Discharges incidental to the nor- 2 mal operation of a vessel, including a dis- 3 charge resulting from ballasting operations 4 or vessel biofouling prevention.’’. 5 Æ VerDate Sep 11 2014 02:43 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H890.IH H890 kjohnson on DSK79L0C42 with BILLS