WALBERG, Mr. CRITZ, Mr. NUNES, Mr. PAUL, Mr. HUIZENGA of Michi-
gan, Mr. BISHOP of Georgia, Mr. COSTELLO, Mr. MCKINLEY, Mr. 
LANKFORD, Mr. LANDRY, Mr. COFFMAN of Colorado, Mr. THORNBERRY, 
Mr. BACHUS, Mr. LATTA, Mr. CANSECO, Mr. ALTMIRE, Mr. DONNELLY 
of Indiana, Mr. GRIFFIN of Arkansas, Mr. SHIMKUS, Mrs. EMERSON, Mr. 
PETRI, Mr. STIVERS, Mr. FARENTHOLD, Mr. MICHAUD, Mr. BARTLETT, 
Mr. BOREN, Mr. SHULER, Mr. SIRES, Mr. TIBERI, Mr. LATOURETTE, 
Mr. AUSTRIA, Mr. SCALISE, Mr. HURT, Mr. BONNER, Mr. BOUSTANY, 
Mr. CLEAVER, Mr. FORBES, Ms. GRANGER, Mr. CARTER, Mr. MCCLIN-
TOCK, Mr. ROKITA, Mr. BARROW, Mr. KLINE, Mr. ROGERS of Alabama, 
Mr. BARLETTA, Mr. BERG, Mr. REED, Mr. CAMP, Mr. WILSON of South 
Carolina, Mr. POSEY, Mr. CRAVAACK, Mr. HASTINGS of Washington, Mr. 
COLE, Mr. PENCE, Ms. FOXX, Mr. FORTENBERRY, Mr. MULVANEY, Mr. 
NUNNELEE, Mr. GOWDY, Mr. PALAZZO, Mr. DOLD, Mr. DENT, and Mr. 
MCHENRY 
MARCH 29, 2011 
Reported from the Committee on Transportation and Infrastructure with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MARCH 29, 2011 
Reported from the Committee on Agriculture with an amendment; committed 
to the Committee of the Whole House on the State of the Union and or-
dered to be printed 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
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. 
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00:09 Mar 30, 2011
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 
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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 
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; 
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‘‘(ii) treatment works effluent; and 
‘‘(iii) discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
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.—Except 
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 dis-
charge from a point source into navigable waters of 
a pesticide registered under this Act, or the residue of 
such a pesticide, resulting from the application 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 fol-
lowing: 
‘‘(s) DISCHARGES OF PESTICIDES.— 
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‘‘(1) NO PERMIT REQUIREMENT.—Except as pro-
vided 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 navigable 
waters of a pesticide authorized for sale, distribution, 
or use under the Federal Insecticide, Fungicide, and 
Rodenticide Act, or the residue of such a pesticide, re-
sulting 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). 
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‘‘(C) The following discharges regulated 
under this section: 
‘‘(i) Manufacturing or industrial efflu-
ent. 
‘‘(ii) Treatment works effluent. 
‘‘(iii) Discharges incidental to the nor-
mal operation of a vessel, including a dis-
charge resulting from ballasting operations 
or vessel biofouling prevention.’’. 
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.— 
Except as provided in section 402(s) of 
the Federal Water Pollution Control Act, 
the Administrator or a State may not re-
quire a permit under such Act for a dis-
charge from a point source into navigable 
waters of a pesticide authorized for sale, 
distribution, or use under this Act, or the 
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residue of such a pesticide, resulting 
from the application 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 required by the Adminis-
trator or a State under this Act for a dis-
charge from a point source into navigable 
waters of a pesticide registered under the 
Federal 
Insecticide, 
Fungicide, 
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 con-
taining a pesticide or pesticide residue: 
‘‘(A) A discharge resulting from 
the application of a pesticide in viola-
tion of a provision of the Federal In-
secticide, Fungicide, and Rodenticide 
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Act that is relevant to protecting 
water quality, if— 
‘‘(i) the discharge would not 
have occurred but for the viola-
tion; or 
‘‘(ii) the amount of pesticide 
or pesticide residue contained in 
the discharge is greater than 
would have occurred without the 
violation. 
‘‘(B) Stormwater discharges regu-
lated under subsection (p). 
‘‘(C) Municipal or industrial dis-
charges regulated under this section, 
including— 
‘‘(i) manufacturing or indus-
trial effluent; 
‘‘(ii) treatment works effluent; 
and 
‘‘(iii) discharges incidental to 
the normal operation of a vessel, 
including a discharge resulting 
from ballasting operations or ves-
sel biofouling prevention.’’. 
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Union Calendar No. 21 
112TH CONGRESS 
1ST SESSION 
H. R. 872 
[Report No. 112–43, Parts I and II] 
A BILL 
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. 
MARCH 29, 2011 
Reported from the Committee on Transportation and 
Infrastructure with an amendment 
MARCH 29, 2011 
Reported from the Committee on Agriculture with an 
amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
VerDate Mar 15 2010 
23:32 Mar 29, 2011
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