Sec. 10212. Safe harbor for certain discharges of wildland fire chemicals
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/bill/119/hr/7567/ih/section-10212A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to subsection (b), no court may enjoin under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) a covered entity from conducting an aerial application of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities that results in a discharge, if such aerial application is conducted in accordance with the requirements of the Federal Facility Compliance Agreement between the Environmental Protection Agency and the U.S. Forest Service, as agreed to on February 16, 2023. Subsection
(a)shall apply to any aerial application described in such subsection that is conducted before the effective date of a permit issued by the Administrator of the Environmental Protection Agency or a State, as applicable, under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) that authorizes the discharge, from such aerial application, of a covered fire retardant and water enhancer for wildfire suppression, control, or prevention activities. Nothing in this section affects the authority of any court under the Federal Water Pollution Control Act with respect to any discharge resulting from an aerial application not conducted in accordance with the requirements described in subsection (a). In this section: The term covered entity means— any Federal agency, agency of a State or political subdivision thereof, or Tribal agency, authorized by law to conduct an aerial application of fire retardants and water enhancers for wildfire suppression, control, or prevention activities; and any contractor, subcontractor, or other agent of an agency described in subparagraph (A). The term covered fire retardant and water enhancer means a fire retardant and water enhancer that— has been evaluated, qualified, and approved by the Secretary; and appears on the most current Forest Service Qualified Products List. The terms discharge and State have the meanings given those terms in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). This section shall cease to be effective on the date that is 5 years after the date of enactment of this section.
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Sec. 10212
Safe harbor for certain discharges of wildland fire chemicals
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