I 

118TH CONGRESS 

1ST SESSION H. R. 5089 

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 

JULY 28, 2023 

Mr. ROUZER (for himself and Mr. LAMALFA) 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reducing Regulatory 

5 Burdens Act of 2023’’. 


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1 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

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

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

4 adding at the end the following: 

5 ‘‘(6) USE OF AUTHORIZED PESTICIDES.—Ex6 cept as provided in section 402(t) of the Federal 

7 Water Pollution Control Act, the Administrator or a 

8 State may not require a permit under such Act for 

9 a discharge from a point source into navigable 

10 waters of a pesticide authorized for sale, distribu11 tion, or use under this Act, or the residue of such 

12 a pesticide, resulting from the application of such 

13 pesticide.’’. 

14 SEC. 3. DISCHARGES OF PESTICIDES. 

15 Section 402 of the Federal Water Pollution Control 

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

17 the following: 

18 ‘‘(t) DISCHARGES OF PESTICIDES.— 

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

20 provided in paragraph (2), a permit shall not be re21 quired by the Administrator or a State under this 

22 Act for a discharge from a point source into navi23 gable waters of a pesticide authorized for sale, dis24 tribution, or use under the Federal Insecticide, Fun25 gicide, and Rodenticide Act, or the residue of such 


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1 a pesticide, resulting from the application of such 

2 pesticide. 

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

4 apply to the following discharges of a pesticide or 

5 pesticide residue: 

6 ‘‘(A) A discharge resulting from the appli7 cation of a pesticide in violation of a provision 

8 of the Federal Insecticide, Fungicide, and 

9 Rodenticide Act that is relevant to protecting 

10 water quality, if— 

11 ‘‘(i) the discharge would not have oc12 curred but for the violation; or 

13 ‘‘(ii) the amount of pesticide or pes14 ticide residue in the discharge is greater 

15 than would have occurred without the vio16 lation. 

17 ‘‘(B) Stormwater discharges subject to reg18 ulation under subsection (p). 

19 ‘‘(C) The following discharges subject to 

20 regulation under this section: 

21 ‘‘(i) Manufacturing or industrial efflu22 ent. 

23 ‘‘(ii) Treatment works effluent. 

24 ‘‘(iii) Discharges incidental to the nor25 mal operation of a vessel, including a disVerDate Sep 11 2014 01:46 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5089.IH H5089

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1 charge resulting from ballasting operations 

2 or vessel biofouling prevention.’’. 

Æ 


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