I 
112TH CONGRESS 
1ST SESSION 
H. R. 872 
To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the 
Federal Water Pollution Control Act to clarify Congressional intent re-
garding the regulation of the use of pesticides in or near navigable 
waters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2011 
Mr. GIBBS (for himself, Mrs. SCHMIDT, Mr. BACA, Mr. MICA, Mr. LUCAS, Mr. 
PETERSON, Mr. SIMPSON, Mr. GRAVES of Missouri, Mr. ROSS of Arkan-
sas, Mr. NEUGEBAUER, Mr. BOSWELL, Mr. CRAWFORD, Mr. SABLAN, 
Mr. HERGER, Mr. KISSELL, Mr. SCHILLING, Mr. COSTA, Mr. TIPTON, 
Mr. OWENS, Mr. ROONEY, Mr. CARDOZA, and Mr. HOLDEN) 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 com-
mittee 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 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 REGISTERED 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
REGISTERED
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 registered under this Act, or the 
residue of such a pesticide, resulting from the appli-
cation of such pesticide.’’. 
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 registered under the Fed-
eral Insecticide, Fungicide, and Rodenticide Act, or 
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the residue of such a pesticide, resulting from the 
application of such pesticide. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following discharges containing a pes-
ticide 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 contained in the discharge is 
greater than would have occurred without 
the violation. 
‘‘(B) Stormwater discharges regulated 
under subsection (p). 
‘‘(C) Municipal or industrial discharges 
regulated under this section, including— 
‘‘(i) manufacturing or industrial efflu-
ent; 
‘‘(ii) treatment works effluent; and 
‘‘(iii) discharges incidental to the nor-
mal operation of a vessel, including a dis-
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charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
Æ 
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