IIB 
112TH CONGRESS 
1ST SESSION 
H. R. 872 
IN THE SENATE OF THE UNITED STATES 
APRIL 4, 2011 
Received; read twice and referred to the Committee on Agriculture, Nutrition, 
and Forestry 
AN ACT 
To 
amend 
the 
Federal 
Insecticide, 
Fungicide, 
and 
Rodenticide Act and the Federal Water Pollution Control 
Act to clarify Congressional intent regarding the regula-
tion of the use of pesticides in or near navigable waters, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reducing Regulatory 
Burdens Act of 2011’’. 
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.—Ex-
cept 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 wa-
ters of a pesticide authorized for sale, distribution, 
or use under this Act, or the residue of such a pes-
ticide, resulting from the application of such pes-
ticide.’’. 
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 re-
quired by the Administrator or a State under this 
Act for a discharge from a point source into navi-
gable waters of a pesticide authorized for sale, dis-
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tribution, or use under the Federal Insecticide, Fun-
gicide, 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 appli-
cation 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 oc-
curred but for the violation; or 
‘‘(ii) the amount of pesticide or pes-
ticide residue in the discharge is greater 
than would have occurred without the vio-
lation. 
‘‘(B) Stormwater discharges subject to reg-
ulation under subsection (p). 
‘‘(C) The following discharges subject to 
regulation under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
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‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
Passed the House of Representatives March 31, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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