IB 

Union Calendar No. 722 

118TH CONGRESS 

2D SESSION H. R. 5089 

[Report No. 118–885, Part I] 

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 

DECEMBER 16, 2024 

Additional sponsors: Mr. SESSIONS and Ms. MALOY

DECEMBER 16, 2024 

Reported from the Committee on Transportation and Infrastructure 

DECEMBER 16, 2024 

Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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•HR 5089 RH

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. 


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•HR 5089 RH

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’’. 

6 SEC. 2. USE OF AUTHORIZED PESTICIDES. 

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

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

9 adding at the end the following: 

10 ‘‘(6) USE OF AUTHORIZED PESTICIDES.—Ex11 cept as provided in section 402(t) of the Federal 

12 Water Pollution Control Act, the Administrator or a 

13 State may not require a permit under such Act for 

14 a discharge from a point source into navigable 

15 waters of a pesticide authorized for sale, distribu16 tion, or use under this Act, or the residue of such 

17 a pesticide, resulting from the application of such 

18 pesticide.’’. 

19 SEC. 3. DISCHARGES OF PESTICIDES. 

20 Section 402 of the Federal Water Pollution Control 

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

22 the following: 

23 ‘‘(t) DISCHARGES OF PESTICIDES.— 

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

25 provided in paragraph (2), a permit shall not be reVerDate Sep 11 2014 02:20 Dec 17, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5089.RH H5089

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•HR 5089 RH

1 quired by the Administrator or a State under this 

2 Act for a discharge from a point source into navi3 gable waters of a pesticide authorized for sale, dis4 tribution, or use under the Federal Insecticide, Fun5 gicide, and Rodenticide Act, or the residue of such 

6 a pesticide, resulting from the application of such 

7 pesticide. 

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

9 apply to the following discharges of a pesticide or 

10 pesticide residue: 

11 ‘‘(A) A discharge resulting from the appli12 cation of a pesticide in violation of a provision 

13 of the Federal Insecticide, Fungicide, and 

14 Rodenticide Act that is relevant to protecting 

15 water quality, if— 

16 ‘‘(i) the discharge would not have oc17 curred but for the violation; or 

18 ‘‘(ii) the amount of pesticide or pes19 ticide residue in the discharge is greater 

20 than would have occurred without the vio21 lation. 

22 ‘‘(B) Stormwater discharges subject to reg23 ulation under subsection (p). 

24 ‘‘(C) The following discharges subject to 

25 regulation under this section: 


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•HR 5089 RH

1 ‘‘(i) Manufacturing or industrial efflu2 ent. 

3 ‘‘(ii) Treatment works effluent. 

4 ‘‘(iii) Discharges incidental to the nor5 mal operation of a vessel, including a dis6 charge resulting from ballasting operations 

7 or vessel biofouling prevention.’’. 


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Union Calendar No. 722 

118TH CONGRESS 

2D SESSION H. R. 5089 

[Report No. 118–885, Part I] 

A BILL 

To amend the Federal Insecticide, Fungicide, and 

or near navigable waters, and for other purposes. garding the regulation of the use of pesticides in Control Act to clarify Congressional intent reRodenticide Act and the Federal Water Pollution 

DECEMBER 16, 2024 

Reported from the Committee on Transportation and 

Infrastructure 

DECEMBER 16, 2024 

Committee on Agriculture discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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