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 regarding 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reducing EPA Dupli3 cation to Advance Pesticide Enforcement Act’’ or the 

4 ‘‘REDTAPE Act’’. 

5 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

6 Section 3(f) of the Federal Insecticide, Fungicide, 

7 and Rodenticide Act (7 U.S.C. 136a(f)) is amended by 

8 adding at the end the following: 

9 ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex10 cept as provided in section 402(s) of the Federal 

11 Water Pollution Control Act, the Administrator or a 

12 State may not require a permit under such Act for 

13 a discharge from a point source into navigable 

14 waters of a pesticide authorized for sale, distribu15 tion, or use under this Act, or the residue of such 

16 a pesticide, resulting from the application of such 

17 pesticide.’’. 

18 SEC. 3. DISCHARGES OF PESTICIDES. 

19 Section 402 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1342) is amended by adding at the end 

21 the following: 

22 ‘‘(s) DISCHARGES OF PESTICIDES.— 

23 ‘‘(1) NO PERMIT REQUIREMENT.—Except as 

24 provided in paragraph (2), a permit shall not be re25 quired by the Administrator or a State under this 

26 Act for a discharge from a point source into naviVerDate Sep 11 2014 02:43 Feb 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H890.IH H890

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1 gable waters of a pesticide authorized for sale, dis2 tribution, or use under the Federal Insecticide, Fun3 gicide, and Rodenticide Act, or the residue of such 

4 a pesticide, resulting from the application of such 

5 pesticide. 

6 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

7 apply to the following discharges of a pesticide or 

8 pesticide residue: 

9 ‘‘(A) A discharge resulting from the appli10 cation of a pesticide in violation of a provision 

11 of the Federal Insecticide, Fungicide, and 

12 Rodenticide Act that is relevant to protecting 

13 water quality, if— 

14 ‘‘(i) the discharge would not have oc15 curred but for the violation; or 

16 ‘‘(ii) the amount of pesticide or pes17 ticide residue in the discharge is greater 

18 than would have occurred without the vio19 lation. 

20 ‘‘(B) Stormwater discharges subject to reg21 ulation under subsection (p). 

22 ‘‘(C) The following discharges subject to 

23 regulation under this section: 

24 ‘‘(i) Manufacturing or industrial efflu25 ent. 


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1 ‘‘(ii) Treatment works effluent. 

2 ‘‘(iii) Discharges incidental to the nor3 mal operation of a vessel, including a dis4 charge resulting from ballasting operations 

5 or vessel biofouling prevention.’’. 

Æ 


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