Sensible Environmental Protection Act of 2013

Bill: 113-s-802
Sponsor: full_name: Sen. Hagan, Kay R. [D-NC]
Introduced: 2013-04-24
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Congressional oversight

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Hazardous wastes and toxic substances

Licensing and registrations

Pest management

Water quality
Latest action: action_date: 2013-04-24
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2013-04-24
action_desc: Introduced in Senate
text: <p>Sensible Environmental Protection Act of 2013 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]) to prohibit the Administrator of the Environmental Protection Agency (EPA) or a state from requiring a permit under CWA for a discharge from a point source into navigable waters of: (1) a pesticide authorized for sale, distribution, or use under FIFRA; or (2) the residue of the pesticide, resulting from the application of the pesticide. Excepts: (1) a discharge resulting from the application of a pesticide in violation of a provision of FIFRA relevant to protecting water quality if the discharge would not have occurred without the violation or if the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation; (2) stormwater discharges regulated under the National Pollutant Discharge Elimination System (NPDES); and (3) discharges of manufacturing or industrial effluent, treatment works effluent, and discharges incidental to the normal operation of a vessel.</p> <p>Directs the Administrator to report to specified congressional committees on: (1) the status of intra-agency coordination between the Office of Water and the Office of Pesticide Programs of EPA 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) recommendations on how FIFRA can be modified to better protect water quality and human health.</p>

tv_txt: II 113th CONGRESS 1st Session S. 802 IN THE SENATE OF THE UNITED STATES April 24, 2013 Mrs. Hagan (for herself, Mr. Crapo , Mr. Carper , Mr. Vitter , Mr. Coons , Mr. Risch , Ms. Heitkamp , Mr. Inhofe , Mrs. McCaskill , Mr. Donnelly , Mr. Pryor , Ms. Landrieu , and Mr. Chambliss ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL 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 2013 . 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) ) 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 (33 U.S.C. 1342), the Administrator or a State shall not require a permit under that Act for a discharge from a point source into navigable waters of— (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 ) 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) a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ); or (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. ) relevant to protecting water quality if— (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. ) can be modified to better protect water quality and human health.