SA 807. Mr. ROBERTS (for himself, Mr. JOHANNS, Mr. BOOZMAN, Mr. LUGAR, Mr. CHAMBLISS, Mr. INHOFE, Mr. THUNE, Mr. MORAN, Mr. BARRASSO, Mr. CRAPO, and Mr. RISCH) submitted an amendment intended to be proposed to amendment SA 738 proposed by Mr. INOUYE to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September
30, 2012, and for other purposes; which was ordered to lie on the table; as follows:

On page 83, between lines 20 and 21, insert the following:
Sec. 7__. (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, the Administrator or a State may not require a permit under that 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 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 pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), or the residue of such a 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 that is relevant to protecting water quality, if--
"(i) the discharge would not have occurred but for the violation; or
"(ii) the quantity 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.".


(As printed in the Congressional Record for the Senate on Oct 18, 2011.)