Title: REDTAPE Act
Policy area: Environmental Protection

Summary:
Reducing EPA Duplication to Advance Pesticide Enforcement Act or the REDTAPE Act
This bill modifies requirements governing the use of pesticides in or near navigable waters. Specifically, the bill prohibits the Environmental Protection Agency or states from requiring permits under the National Pollutant Discharge Elimination System for discharges of pesticides into navigable waters if the pesticides are (1) registered, (2) used for their intended purposes, and (3) used in compliance with their pesticide label requirements. The bill establishes exemptions from this prohibition.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 890 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 890

 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

                            January 30, 2019

 Mr. Gibbs (for himself, Mr. Gosar, Mr. King of Iowa, Mr. LaMalfa, Mr. 
  DesJarlais, and Mr. Kelly of Mississippi) 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

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing EPA Duplication to Advance 
Pesticide Enforcement Act'' or the ``REDTAPE Act''.

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 require a permit under such 
        Act for a discharge from a point source into navigable waters 
        of a pesticide authorized for sale, distribution, or use 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 following:
    ``(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 pesticide authorized 
        for sale, distribution, or use 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 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 that is 
                relevant to protecting water quality, if--
                            ``(i) the discharge would not have occurred 
                        but for 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.''.
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