Sensible Environmental Protection Act of 2015

To clarify Congressional intent regarding the regulation of the use of pesticides in or near navigable waters, and for other purposes. 1. Short title This Act may be cited as the Sensible Environmental Protection Act of 2015 2. Use of authorized pesticides; discharges of pesticides; report (a) Use of authorized pesticides Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a(f) (5) Use of authorized pesticides Except as provided in section 402(s) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (A) a pesticide authorized for sale, distribution, or use under this Act; or (B) the residue of the pesticide, resulting from the application of the pesticide. . (b) Discharges of pesticides Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (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) a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. (B) the residue of the pesticide, resulting from the application of the 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 ( 7 U.S.C. 136 et seq. (i) the discharge would not have occurred without 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. . (c) Report Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture, shall submit a report to the Committee on Environment and Public Works and the Committee on Agriculture of the Senate and the Committee on Transportation and Infrastructure and the Committee on Agriculture of the House of Representatives that includes— (1) the status of intra-agency coordination between the Office of Water and the Office of Pesticide Programs of the Environmental Protection Agency regarding streamlining information collection, standards of review, and data use relating to water quality impacts from the registration and use of pesticides; (2) an analysis of the effectiveness of current regulatory actions relating to pesticide registration and use aimed at protecting water quality; and (3) any recommendations on how the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. October 29, 2015 Reported without amendment

Summary: Sensible Environmental Protection Act of 2015 (Sec. 2) This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Environmental Protection Agency (EPA) or a state from requiring a permit under the Clean Water Act for a discharge from a point source into navigable waters of: a pesticide authorized for sale, distribution, or use under FIFRA, or a residue resulting from the application of the pesticide. Point source pollution is waste discharged from a distinct place, such as a pipe, channel, and tunnel. The EPA or a state may require a permit for the following discharges containing a pesticide: 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 without the violation, or if the amount of pesticide or residue contained in the discharge is greater than would have occurred without the violation; a stormwater discharge regulated under the National Pollutant Discharge Elimination System (NPDES); and a discharge of manufacturing or industrial effluent (wastewater), treatment works effluent, or a discharge incidental to the normal operation of a vessel, including discharges from ballast water operations or vessel biofouling prevention. The EPA must report on: (1) coordination between the Office of Water and the Office of Pesticide Programs regarding streamlining information collection, standards of review, and data use relating to water quality impacts from the registration and use of pesticides; (2) the effectiveness of regulatory actions relating to pesticide registration and use aimed at protecting water quality; and (3) recommendations on modifying FIFRA in order to improve the protection of water quality and human health.