Sponsors (10)
Amends federal law to say that discharges into navigable waters of pesticides (and their residues) that are authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) do not require a Clean Water Act NPDES permit, except in specific, listed situations. The measure lists categories of discharges and circumstances that remain subject to permitting or other regulation, and it clarifies that violations of FIFRA that affect water quality are not exempted from Clean Water Act requirements.
Adds a new paragraph (6) titled “Use of authorized pesticides” to Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Prohibits the Administrator or a State from requiring a permit under the Federal Water Pollution Control Act for a discharge from a point source into navigable waters of: (A) a pesticide that is authorized for sale, distribution, or use under FIFRA, or (B) the residue of such a pesticide, when the discharge results from the application of that pesticide; except as provided in section 402(t) of the Federal Water Pollution Control Act.
General rule: A permit shall not be required by the Administrator or a State under the Act for a discharge from a point source into navigable waters of a pesticide (or pesticide residue) that is authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, where the discharge results from the application of that pesticide.
Exception (A): The no-permit rule does not apply to a discharge resulting from the application of a pesticide in violation of a provision of FIFRA 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 residue in the discharge is greater than would have occurred without the violation.
Exception (B): The no-permit rule does not apply to stormwater discharges that are subject to regulation under subsection (p).
Who is affected and how:
Farmers, crop advisors, pest control applicators, mosquito control districts, and other pesticide applicators: Most directly affected. Routine pesticide applications that are authorized under FIFRA will generally no longer require separate federal NPDES permits, reducing administrative and permitting costs and time. Applicators still must comply with FIFRA labeling and conditions and can be subject to CWA enforcement if a FIFRA violation causes water-quality harm.
Pesticide manufacturers and distributors: Indirectly affected. Reduced need for NPDES permits for end uses may lower compliance burdens for customers and could change how product stewardship and application guidance are implemented.
State environmental agencies and permitting authorities: Affected because the federal statute limits when EPA or a State may require an NPDES permit for pesticide discharges; states retain CWA authorities for the listed exceptions but may see reduced permitting activity for routine pesticide applications and could face preemption or limits in some cases.
Public water systems, downstream communities, and environmental justice communities: Potentially affected by changes in monitoring, permitting, and controls. Removing the NPDES permitting requirement may reduce opportunities for permit-based monitoring, numeric limits, or public notice for certain discharges, which could increase risks to water quality where pesticide use threatens waters.
Municipal wastewater and industrial facilities, vessel operators: Largely unaffected for discharges already covered by existing CWA permit categories—these categories remain subject to permitting per the bill's exceptions.
Federal and state enforcement agencies: Enforcement may shift toward using FIFRA authorities for many incidents, while CWA enforcement will still be available in situations described as exceptions. This may change resource needs, inspection priorities, and coordination between agencies.
Overall effect:
Last progress June 6, 2025 (8 months ago)
Introduced on June 6, 2025 by David Rouzer
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.
