Pest Management and Fire Suppression Flexibility Act

Pest Management and Fire Suppression Flexibility Act - Amends the Federal Water Pollution Control Act to state that the Administrator of the Environmental Protection Agency (EPA) shall not require a permit under the national pollutant discharge elimination system (NPDES), or require a State to mandate such a permit, for: (1) the proper use of a pesticide that is registered or otherwise approved for use under the Federal Insecticide, Fungicide, and Rodenticide Act; and (2) the use by or in cooperation with the Federal or State government of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines; (3) silvicultural activities except for specified point source activities; and (4) the use of biological control organisms for the prevention, control, or eradication of plant pests or noxious weeds pursuant to specified provisions of the Plant Protection Act.

Redefines "point source" to exclude from the term those public health protection, pest management, and silvicultural activities excluded from NPDES permit requirements under this Act.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1269 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1269

  To amend the Federal Water Pollution Control Act to clarify certain 
       activities the conduct of which does not require a permit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2005

    Mr. Inhofe (for himself, Mrs. Lincoln, Mr. Crapo, Mr. Bond, Mr. 
Chambliss, Mr. Cochran, Mr. Isakson, Mr. Thomas, Mr. Hagel, Mr. Craig, 
 and Mr. Roberts) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to clarify certain 
       activities the conduct of which does not require a permit.

    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 ``Pest Management and Fire Suppression 
Flexibility Act''.

SEC. 2. HARMONIZATION.

    Section 402(l) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(l)) is amended by adding at the end the following:
            ``(3) Public health protection and pest management 
        activities.--The Administrator shall not require a permit under 
        this section, nor shall the Administrator directly or 
        indirectly require a State to require such a permit, for--
                    ``(A) the use of a pesticide that is registered or 
                otherwise approved for use pursuant to the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136 et seq.), if that use is in accordance with the 
                relevant provisions of the approved labeling of the 
                pesticide;
                    ``(B) the use of a fire retardant, chemical, or 
                water for fire suppression, control, or prevention in 
                accordance with relevant Federal guidelines by or in 
                cooperation with the Federal Government or a State 
                government;
                    ``(C) silvicultural activities (except with respect 
                to the point source activities specified in section 
                122.27(b)(1) of title 40, Code of Federal Regulations 
                (as in effect on the date of enactment of this 
                paragraph)); or
                    ``(D)(i) the use of a biological control organism 
                (as defined in section 403 of the Plant Protection Act 
                (7 U.S.C. 7702)) for the prevention, control, or 
                eradication of a plant pest or noxious weed; or
                    ``(ii) the conduct of any other plant pest, noxious 
                weed, or pest control activity under that Act (7 U.S.C. 
                7701 et seq.).''.

SEC. 3. DEFINITION OF POINT SOURCE.

    Section 502(14) of the Federal Water Pollution Control Act (33 
U.S.C. 1362(14)) is amended by striking the second sentence and 
inserting the following: ``This term does not include agricultural 
stormwater discharges, return flows from irrigated agriculture, or the 
public health protection, pest management, and silvicultural activities 
described in section 402(l)(3).''.
                                 <all>