(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Reducing Regulatory Burdens Act of 2013 - 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 the CWA for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under FIFRA, or the residue of such a pesticide, resulting from the application of such pesticide.
Exempts from such prohibition the following discharges containing a pesticide or pesticide residue: (1) a discharge resulting from the application of a pesticide in violation of FIFRA that is relevant to protecting water quality, if the discharge would not have occurred but for the violation or the amount of pesticide or pesticide residue contained 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 regulated under NPDES of manufacturing or industrial effluent or treatment works effluent and discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 935 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 935
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2013
Mr. Gibbs (for himself, Mr. Austin Scott of Georgia, Mr. Schrader, and
Mr. McIntyre) 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 Speaker, in each case for consideration 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 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
2013''.
SEC. 2. 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, 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 authorized for sale, distribution, or use 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 authorized
for sale, distribution, or use under the Federal Insecticide,
Fungicide, and Rodenticide Act, or the residue of such a
pesticide, resulting from the application of such 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 that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for 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.''.
<all>
DEBATE - The House proceeded with forty minutes of debate on H.R. 935.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H6937-6938)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 253 - 148 (Roll no. 455).(text of measure as reported in House: CR H6870)
Roll Call #455 (House)On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 253 - 148 (Roll no. 455). (text of measure as reported in House: CR H6870)
Roll Call #455 (House)Rules Committee Resolution H. Res. 694 Reported to House. The resolution provides for consideration of both H. Res. 676 and H.R. 935 in the House. Both measures are debatable for one hour.
Rule H. Res. 694 passed House.
Considered under the provisions of rule H. Res. 694. (consideration: CR H7100-7108; text of measure as reported in House: CR H7100)
The resolution provides for consideration of both H. Res. 676 and H.R. 935 in the House. Both measures are debatable for one hour.
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DEBATE - The House proceeded with one hour of debate on H.R. 935.
The previous question was ordered pursuant to the rule. (consideration: CR H7108)
POSTPONED PROCEEDINGS - The Chair announced that pursuant to clause 1(c) of rule XIX, further proceedingson H.R. 935 would be postponed.
Considered as unfinished business. (consideration: CR H7149-7152)
Mrs. Capps moved to recommit with instructions to the Committee on Transportation. (consideration: CR H7149-7150; text: CR H7149)
DEBATE - The House proceeded with 10 minutes of debate on the Capps motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section at the end of the bill protecting infants and children from known or suspected carcinogens.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7150)
On motion to recommit with instructions Failed by the Yeas and Nays: 195 - 233 (Roll no. 469).
Roll Call #469 (House)Passed/agreed to in House: On passage Passed by recorded vote: 267 - 161 (Roll no. 470).
Roll Call #470 (House)On passage Passed by recorded vote: 267 - 161 (Roll no. 470).
Roll Call #470 (House)Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.