United States 115th Congress Status: In Committee Bipartisan · 16 R · 3 D cosponsors

S 340 — Sensible Environmental Protection Act of 2017

Last action — Read twice and referred to the Committee on Environment and Public Works.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Sensible Environmental Protection Act of 2017 This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Environmental Protection Agency or a state from requiring a permit under the National Pollutant Discharge Elimination System (NPDES) for a discharge of a pesticide from a point source into navigable waters if the discharge is approved under FIFRA. Point source pollution is waste discharged from a distinct place, such as a pipe, channel, or tunnel. The bill establishes exemptions from this prohibition.

Bill Text

How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies that permits under the Federal Water Pollution Control Act are not required for certain pesticide discharges into navigable waters.

  • 7 U.S.C. 136a(f)

    ``(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.''.

    Adds a provision that exempts authorized pesticide discharges from permit requirements under the Federal Water Pollution Control Act.

  • 33 U.S.C. 1342

    ``(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.''

    Introduces a new subsection clarifying that no permit is needed for certain pesticide discharges.

  • 33 U.S.C. 1342(s)

    ``(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.''.

    Specifies exceptions to the permit exemption for pesticide discharges.

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Environment and Public Works.

Sponsors

Sponsorship breakdown

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1 sponsors · 18 co-sponsors · 528 not signed on

Sponsors (1)

Co-sponsors (18)

Not signed on (528)

528 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does S 340 do?
Sensible Environmental Protection Act of 2017 This bill amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit the Environmental Protection Agency or a state from requiring a permit under the National Pollutant Discharge Elimination System (NPDES) for a discharge of a pesticide from a point source into navigable waters if the discharge is approved under FIFRA. Point source pollution is waste discharged from a distinct place, such as a pipe, channel, or tunnel. The bill establishes exemptions from this prohibition.
Who sponsors S 340?
S 340 is sponsored by McCaskill, Claire (Democratic), Barrasso, John (Republican), Blunt, Roy (Republican), Boozman, John (Republican), Donnelly, Joe (Democratic), Enzi, Michael B. (Republican), Ernst, Joni (Republican), Fischer, Deb (Republican), Flake, Jeff (Republican), Heitkamp, Heidi (Democratic), Inhofe, James M. (Republican), Moran, Jerry (Republican), Risch, James E. (Republican), Roberts, Pat (Republican), Thune, John (Republican), Tillis, Thomas (Republican), Rounds, Mike (Republican), Lankford, James (Republican), and Crapo, Mike (Republican).
What is the current status of S 340?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 340?
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