STATUTES AT LARGE 

CONTAINING THE 

LAWS AND CONCURRENT RESOLUTIONS 

ENACTED DURING THE FIRST SESSION OF THE 

ONE-HUNDREDTH CONGRESS 

-> :

OF THE UNITED STATES OF AMERICA 

1987 

AND 

RECOMMENDATIONS OF THE PRESIDENT 

AND PROCLAMATIONS 

VOLUME 101 

IN THREE PARTS 

PART 1 

PUBLIC LAWS 100-l THROUGH loo-179 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1989 
er Center Day” to honor the 

nger. 

enger was dedicated to 

ren in space flight and 

urological research and 

v gave their lives trying 

*en; 

to the sacrifice of the 

d; 

ute would be to expand 

re creation of a center 

vities and information 

I 

y institution expressly 

the crew of the Chal1 is intended to be the 

moration of the Chalsentatives of the United 

at January 28, 1987, is 

lay” and the President 

amation calling on the 

iYtheir regular activities 

nember both the Chal- 

: their country, and the 

n honoring the accomontinuing their goal of 

in space and science 

and activities. 

100th Congress 

An Act 

To amend the Federal Water Pollution Control Act to provide for the renewal 

quality of the Nation’s waters, and for other purposes. 

Be it enacted by the Senate and House of Representatives o

United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO 

ERAL WATER POLLUTION CONTROL ACT: DEFINITION 

ADMINISTRATOR 

(al SHORT TITLE.-This Act may be cited as the “Water Q

Act of 198’7”. 

WTABLEOFCONTENTEL1. Short title; table of contents; amendments to Federal Water Pollution 

trol Act; definition of Admmistrator. 

2. Limitation on payments. 

101. 

102. 

103. 

104. 

105. 

201. 

202. 

203. 

204. 

206. 

207. 

208. 

209. 

210. 

211. 

212. 

213. 

214. 

215. 

301. 

302. 

Ii 

305: 

306. 

307. 

308. 

309. 

310. 

311. 

312. 

313. 

314. 

315. 

TITLE I-AMENDMENTS To TITLE I 

Authorizations of appropriations. 

Small flows clearinghouse. 

Chesapeake Say. 

Great Lakes. 

Research on effects of pollutants 

TITLE II-CGNSTRUCTION GRANTS AMENDMENTS 

Time limit on resolving certain disputes. 

Federal share. 

Agreement on eligible costs. 

Design/build projects 

Grant conditions; user charges on low-income residential users. 

Allotment formula. 

Rural set aside. 

Innovative and alternative projects. 

Regional organization funding. 

Marine CSCYs and estuaries. 

Authorization for construction grants. 

State water pollution control revolving funds. 

Improvement projects 

Chicago tunnel and reservoir project. 

Ad valorem tax dedication. 

TITLE III-STANDARDS AND ENFORCEMENTS 

Compliance dates. 

Modification for nonconventional pollutants. 

Discharges into marine waters. 

Filing deadline for treatment works modification. 

Innovative technology compliance deadlines for direct dischargers. 

Fundamentally different factors. 

Coal remining operations. 

Individual control strategies for toxic pollutants 

Pretreatment standards. 

Inspection and entry. 

Marine sanitation devices. 

Criminal penalties. 

Civil tbenalties. 

Administrative penalties. 

Clean lakes. 
Et E Set: 318: 

sec. 401. 

E: ::3” 

sec. 404: 

sec. 405. 

E: 4”::: 

Management of nonpoint sources of pollution. 

National estuary program. 

Unconsolidated quatemary aquifer. 

TITLE IV-PERMITS AND LICENS

Stormwater runoff from oil, gas, and mining ope

Additional pretreatment of conventional pollutant

Partial NPDES program. 

Anti-backsliding. 

Municipal and industrial stormwater discharges. 

Sewage sludge. 

Log transfer facilities. 

TITLE V-MISCELLANEOUS PROVIS

33 USC 1251 

note. 

33 USC 1251 

note. 

33 USC 1254. 

sec. 501. Audits. Sec. 502. 1 Commonwealth of the Northern Mariana Islands

sec. 503. Agricultural stormwater discharges. 

E: E: Protection of interests of United States in citizen 

Judicial review and award of fees. 

g. p: Indian tribes. 

Definition of point source. 

Set: 508. Special provisions regarding certain dumping sit

Sec. 599. Ocean discharge research project. 

Sec. 510. San Diego, California. 

Sec. 511. Limitation on discharge of raw sewage by New Y

Sec. 512. Oakwood Reach and Red Hook Projects, New Yo

Sec. 513. Boston Harbor and adjacent waters. 

Sec. 514. Wastewater reclamation demonstration. 

Sec. 515. Des Moines, Iowa. 

Sec. 516. Study of de minimis discharges. 

Sec. 517. Study of effectiveness of innovative and alterna

Sec. 518. St~diFtesting procedures. 

Sec. 519. Study of pretreatment of toxic 

Sec. 520. Studies of water pollution prob polluFnts. ems in aquifers. 

Sec. 521. Great Lakes consumptive use study. 

Sec. 522. Sulfide corrosion study. 

Sec. 523. Study of rainfall induced infiltration into sewer 

Sec. 524. Dam water quality stud . 

Sec. 525. Study of pollution in Lai e Pend Oreille, Idaho. 

(c) AMENDMENT OF FEDERAL WATER POLLUT

Except as otherwise expressly provided, when

amendment or repeal is expressed in terms of 

repeal of, a section or other provision, the refe

ered to be made to a section or other provision 

Pollution Control Act. 

(dl DEnImIoN.-For purposes of this Act, 

trator” means the Administrator of the Envir

Agency. 

SEC.2.LIMlTATIONONPAYMENTS. 

No payments may be made under this Act 

provided in advance in appropriation Acts. 

TITLE I-AMENDMENTS T

SEC.101.AUTHORIZATIONSOFAPPROPRIATIONS. 

(al RESEARCH AND INvssncATroNs.-Section 

(1) in clause (1) by striking out “and” 

“1980,“, and after “1981,“, and by inserti

following: “such sums as may be necessar
ICENSES 

7 

operations. 

) lutanta not required. 

arges. 

ROVISIONS 

slands. 

:itizen suits. 

ng sites. 

alternative pmcessea and techifers. 

ewer ayfhma. 

ilh0. 

ILLUTION &W’I’R~L ACT.- 

whenever in this Act an 

18 of an amendment to, or 

reference shall be considsion of the Federal Inter 

Act, the term “AdminisBvironmental Protection 

Act except to the extent 

S TO TITLE I 

NS. 

:tion 104(u) is amendedand” after “19’75,“, after 

lserting after “1982,” the 

ssary for fiscal years 1983 

g, $,,py

each of the fiscal years 1986 through 1990,“; 

(2) in clause (2) by striking out “and” after “1981,” an

inserting after “1982,” the following: “such sums as ma

necessary for fiscal years 1983 through 1985, and $3,000,00

fiscal year for each of the f=cal years 1986 through 1990,“

(3) in clause (3) by striking out “and” after “1981,” an

inserting after “1982,” the following: “such sums as ma

necessary for fiscal years 1983 through 1985, and $1,500,00

fmcal year for each of the f=caI years 1986 through 19

(b) GRANTS FOR PROGRAM ADMINISTRATION. -Section 106(a

amended by inserting after “1982” the following: “, such sum

may be necessary for fLscal years 1983 through 1985, and $75,00

per fiscal year for each of the foal years 1986 through 1

(c) TRAINING GRANTS AND SCHOLARSHIPS.- &!&ion 112

amended by striking out “and” after “1981,” and by inserting 

“1982,” the following: “such sums as may be necessary for 

years 1983 through 1985, and $7,000,000 per f=cal year for ea

the fiscal years 1986 through 1990,“. 

(d) AREAWIDE PLANNING-Section 208(f)(3) is amended by stri

out “and” after “1974,” and after “1980,” and by inserting 

“1982” the following: “, and such sums as may be necessary for 

years 1983 through 1990”. 

(e) RURAL CLEAN WATER.-Section 208@(S) is amended by str

out “and” after “1981,” and by inserting after “1982,” the follow

“and such sums as may be necessary for fiscal years 1983 thro

1990,“. 

(fJ INTERAGENCY AGREEMENTS.-section 304(k)(3) is amende

inserting after “1983” the following: “and such sums as ma

y for fiscal years 1984 through 1990”. 

(g) CLEAN L&Es.-Section 314(c)(2) is amended by striking 

“and” after “1981,” and by inserting after “1982” the follow

“, such sums as may be necessary for fiscal years 1983 thro

1985, and $30,000,000 per fiscal year for each of the fscal years 

through 1990”. 

(h) GENERAL AuTnoRmATIoN.-section 517 is amended by str

out “and” after “1981,” and by inserting after “1982” the follow

“, such sums as may be necessa ry for fiscal years 1983 through 

and $135,000,000 per fiscal year for each of the fiscal years 

through 1990”. 

SEC.lOZ.SMALLFLOWSCLEARINGHOUSE. 

Section, 104(q) is amended by adding at the end thereof 

following new paragraph: 

“(4) SMALL FLOWS CLRARINGHousE.-Notwithstanding se

205(d) of this Act, from amounts that are set aside for a 

year under section 205(i) of this Act and are not obligated b

end of the 24-month period of availability for such am

under section 205(d), the Administrator shall make ava

$l,OOO,OOO orsuch unobligated amount, whichever is le

support a national clearinghouse within the Environme

Protection Agency to collect and disseminate information 

small flows of sewage and innovative or alternative waste

treatment processes and techniques, consistent with parag

(3). This paragraph shall apply w&h respect to amount

aside under section 205(i) for which the 24-month peri
availability referred to in the preced

after September 30,1986.“. 

SEC. 103. CHESAPEAKE BAY. 

Title I is amended by adding at the end t

33 USC 1267. “SEC. 117. CHESAPEAKE BAY. 

“(a) OFFICE.-The Administrator shall 

Bay Program and shall establish and m

mental Protection Agency an office, divis

peake Bay Programs to- 

“(1) collect and make available, t

other appropriate means, information 

mental quality of the Chesapeake 

subsection referred to as the ‘Bay’); 

“(2) coordinate Federal and State eff

quality of the Bay; 

“(3) determine the impact of sedime

and identify the sources, rates, routes, 

of such sediment deposition; and 

“(4) determine the impact of na

environmental changes on the living 

the relationships among such changes, 

placed on the impact of pollutant loa

rine, acid precipitation, dissolved oxyg

including organic chemicals and heavy 

attention given to the impact of such 

“(b) INTERSTATE DEVELOPMENT PLAN GRA

“(1) AuTHORrrv.-The Administrator 

the Governor of a State affected by th

plan developed pursuant to the C

(hereinafter in this section referred 

grant for the purpose of implementing 

nisms contained in the plan if such 

after the date of the enactment of th

committed to ‘implement all or substa

plan. Such grants shall be made su

conditions as the Administrator consid

“(2) SUBMI~,~ION OF PROPOSAL.-A 

States may elect to avail itself of the 

by submitting to the Administrator a c

implement management mechanisms 

which shall include (A) a description 

actions which the State or combinati

take within a specified time period to 

Bay and to meet applicable water qual

estimated cost of the abatement actio

during the next fscal year. If the Adm

proposal is consistent with the natio

section 101(a) of this Act and will cont

of the national goals set forth in such s

shall approve such proposal and sh

implementing segments of such propos

“(3) FEDERAL SHARE.-Grants under 

exceed 50 percent of the costs of implem

mechanisms contained in the plan in 

be made on condition that non-Fed
g 

.he following new section: 

continue the Chesapeake 

maintain in the Environ- 

,ion, or branch of Chesahrough publications and 

pertaining to the environBay (hereinafter in this 

brts to improve the water 

?nt deposition in the Bay 

and distribution patterns 

itural and man-induced 

resources of the Bay and 

with particular emphasis 

adings of nutrients, chlogen, and toxic pollutants, 

J metals, and with special 

changes on striped bass. 

.NTs.- 

jr shall, at the request of 

!e interstate management 

lesapeake Bay Program 

to as the ‘plan’), make a 

: the management mechaState has, within 1 year 

1i.s section, approved and 

mtially all aspects of the 

.bject to such terms and 

lers appropriate. 

State or combination of 

benefits of this subsection 

:omprehensive proposal to 

3 contained in the plan 

n of proposed abatement 

ion of States commits to 

o reduce pollution in the 

iity standards, and (B) the 

ens proposed to be taken 

iinistrator finds that such 

Inal policies set forth in 

ribute to the achievement 

section, the Administrator 

Iall finance the costs of 

;a 1. 

this subsection shall not 

menting the management 

any fiscal year and shall 

era1 sources provide the 

pg g

nisms contained in the plan during such fmcal year. 

“(41 ADMINISTRATIVE costs.-Administrative costs in 

of salaries, overhead, or indirect costs for services pro

charged against programs or projects supported by fu

available under this subsection shall not exceed in 

f=cal year 10 percent of the annual Federal grant m

State under this subsection. 

“(cl REPORT&-Any State or combination of States that 

grant under subsection (b) shall, within 18 months after th

receipt of such grant and biennially thereafter, repo

Administrator on the progress made in implementing the 

management plan developed pursuant to the Chesapeake 

gram. The Administrator shall transmit each such report a

the comments of the Administrator on such report to 

“(d) AUTHORIZATION OF APPROPRIATIONS.-There are h

thorized to be appropriated the following sums, to remain 

until expended, to carry out the purposes of this section: 

“(1) $3,000,000 per fmcal year for each of the fiscal y

19881989, and 1990, to carry out subsection (a); and 

“(2) $10,000,000 per fiscal year for each of the fis

1987,1988,1989, and 1990, for grants to States under s

C&l.“. 

SEC. 104. GREAT LAKES. 

Title I is amended by adding at the end the following ne

“SEC. 118. GREAT LAKES. 

“(a) FINDINGS, PURPOSE, AND DEFINITIONS.- 

“(1) FINDINGS.-The Congress finds that- 

“(A) the Great Lakes are a valuable national 

continuously serving the people of the United S

other nations as an important source of food, fre

recreation, beauty, and enjoyment; 

“0.3) the United States should seek to attain 

embodied in the Great Lakes Water Quality Agre

1978 with particular emphasis on goals related 

pollutants; and 

“(Cl the Environmental Protection Agency sh

the lead in the effort to meet those goals, work

other Federal agencies and State and local au

“(2) PurwosE.-It is the purpose of this section to ac

goals embodied in the Great Lakes Water Quality Agre

19’78 through improved organization and definition o

on the part of the Agency, funding of State grants for 

control in the Great Lakes area, and improved acco

for implementation of such agreement. 

“(3) DEPINITIONS.-For purposes of this section, th

“(A) ‘Agency’ means the Environmental P

Agency; 

“(B) ‘Great Lakes’ means Lake Ontario, Lake E

Huron (including Lake St. Clair), Lake Michigan, 

Superior, and the connecting channels (Saint Mary

Saint Clair River, Detroit River, Niagara River, 

Lawrence River to the Canadian Border); 
lakes, and other bodies of water withi

of the Great Lakes; 

“(Dl ‘Program Office’ means the G

Program Office established by this sec

“(El ‘Research Office’ means the G

Office established by subsection (d). 

Establishment. “(b) GREAT LAKES NATIONAL PROGRAM OFF

National Program Office (previously establis

trator) is hereby established within the Agency

shall be headed b a Director who, by rea

experience and tee h’ nical expertise relating t

highly qualified to direct the development of p

a variety of Great Lakes issues. The Great Lak

Office shall be located in a Great Lakes State. 

“Cc) GREAT LAKES MANAGEMENT.- 

33 USC 1251 

“(1) FuNcrroNs.-The Program Office sh

“(A) in cooperation with approp

tribal, and international agencies, an

section 101(e) of this Act, develop an

action plans to carry out the respons

%&zs under the Great Lakes Water 

“& establish a Great Lakes syst

network to monitor the water q

Lakes, with specific emphasis on the 

pollutants; - 

“(C) serve as the liaison with, and p

the Canadian members of the Interna

Pollution. 

Mjchigap. 

z;,r;np. 

Ohio. ’ 

New York. 

sion and the Canadian counterpart to 

“(D) coordinate actions of the Agen

by headquarters and regional office

improving Great Lakes water quality; 

“(El coordinate actions of the Agen

other Federal agencies and State and 

to ensure the input of those agenci

developing water quality strategies a

of those agencies and authorities in ac

of such agreement. 

“(2) &YEAR PLAN AND PRoGRAM.-The 

develop, in consultation with the States, 

program for reducing the amount of nutr

the Great Lakes. Such program shall inco

ment program for reducing nutrient r

sources established under section 319 o

include a program for monitoring nutrie

ambient levels in, the Great Lakes. 

“C% &YEAR FMJDY AND DEMONSTRATIO

gram Office shall carry out a five-year stu

projects relating to the control and remov

in the Great Lakes, with emphasis on 

pollutants from bottom sediments. In s

conducting demonstration projects under 

ity consideration shall be given to proj

locations: Saginaw Bay, Michigan; Shebo

sin; Grand Calumet River, Indiana; Ashta

Buffalo River, New York. 
, , 

thin the drainage basin 

! Great Lakes National 

.ection; and 

: Great Lakes Research 

.FxcE.-The Great Lakes 

lished by the Adminisncy. The Program Office 

reason of management 

: to the Great Lakes, is 

f programs and plans on 

Akes National Program 

9. 

shallopriate Federal, State, 

and in accordance with 

and implement specific 

lnsibilities of the United 

?i Quality Agreement of 

y&m-wide surveillance 

quality of the Great 

the monitoring of toxic 

1 provide information to, 

rnational Joint Commisto the Agent ,; 

gency (inclu B ing actions 

fices thereon aimed at 

tr - ‘; ana 

:el ncy with the actions of 

Id local authorities! so as 

lcies and authorities in 

j and obtain the support 

I achieving the objectives 

le Program OtXce shall 

es, a five-year plan and 

utrients introduced into 

ncorporate any managerunoff from nonpoint 

i of this Act and shall 

ltrient runoff into, and 

[ON PaoJErs.-The Prostudy and demonstration 

nova1 of toxic pollutants 

In the removal of toxic 

I selecting locations for 

er this paragraph, priorrejects at the following 

boygan Harbor, Wisconhtabula River, Ohio: and 

(

shall ensure that the Program Office enters into agre

with the various organizational elements of the Age

volved in Great Lakes activities and the appropriate 

agencies specifically delineating- 

“(A) the duties and responsibilities of each such e

in the Agency with respect to the Great Lakes; 

‘YB) the time periods for carrying out such dut

ryponsibilities; and 

(Cl the resources to be committed to such duti

responsibilities. 

“(51 BUDCET rrnM.-The Administrator shall, in the A

annual budget submission to Congress, include a fund

quest for the Program Office as a separate budget line 

“(61 COMPREHENSIVE REPORT.-Within 99 days after the 

each fiscal year, the Administrator shall submit to Con

comprehensive report which- 

“(A) describes the achievements in the precedin

year in implementing the Great Lakes Water 

Agreement of 1978 and shows by categories (includ

dicial enforcement, research, State cooperative effo

general administration) the amounts expended on 

Lakes water quality initiatives in such preceding 

year; 

“(B) describes the progress made in such precedin

year in implementing the s stem of surveillance 

water quality in the Great La kes System, includi

monitoring of groundwater and sediment, with pa

reference to toxic pollutants; 

“(Cl describes the long-term prospects for improvi

condition of the Great Lakes; and 

“(Dl provides a comprehensive assessment of the p

efforts to be pursued in the succeeding fiscal y

implementing the Great Lakes Water Quality Agree

19’78, which assessment shall- 

“(i) show b 

merit, researc ii 

categories (including judicial e

, State cooperative efforts, and 

admnnstration1 the amount anticipated to be ex

on Great Lakes water quality initiatives in th

year to which the assessment relates; and 

“(ii) include a report of current programs a

tered by other Federal agencies which make av

resources to the Great Lakes water quality m

ment efforts. 

“(dl GREATLAKESRESEARCH.- 

“(11 ESTARLISHMENT OF RESEARCH ommx.-There is 

lished within the National Oceanic and Atmospheric A

tration the Great Lakes Research Office. 

“(21 IDENTIFICATION OF Issuns.-The Research Offic

identify issues relating to the Great Lakes resources on 

research is needed. The Research Office shall submit a re

Con 

shal ‘i”” 

on such issues before the end of each fiscal yea

identify any changes in the Great Lakes syste

rypect to such issues. 

(3) INvEN”roay.-The Research Office shall identif

inventory Federal, State, university, and tribal environ

research programs (and, to the extent feasible, those of 
Fish and fishing. 

organizations and other nations) relating 

system, and shall update that inventory eve

“(4) RESEARCH EXCHANGE.--The Researc

lish a Great Lakes research exchange 

facilitating the rapid identification, ac

dissemination, and use of informatlon 

projects which are ongoing or completed a

Great Lakes System. 

“(5) RESEARCH PROGRAM.-The Research 

in cooperation with the Coordination Offi

environmental research program and data 

Lakes system. The data base shall include, 

data relating to water quality, fsheries, and 

“(6) MONITORING.-The Research Of

through the Great Lakes Environmental R

the National Sea Grant College program, o

tories, and the private sector, appropriate r

ing activities which address priority issue

relating to the Great Lakes. 

“(7) LocATION.-The Research Office s

Great Lakes State. 

‘Ye) RESEARCH AND MANAGEMENT COORDINA

“(1) JOINT PUN.-Before October 1 of ea

Office and the Research Office shall prep

plan for the fiscal year which begins in th

year. 

“(2) CONTENTS OF PUN.-Each plan p

graph (1) shallReports 

“(A) identify all proposed research d

conducted under the Great Lakes W

ment of 1978; 

“(B) include the Agency’s assessm

research needed to fulfill the terms of 

“(Cl identify all proposed research 

develop a comprehensive environmenta

Great Lakes System and establish p

ment of such data base. 

“(0 INTERAGENCY &oPERATION.-The head 

agency, or other instrumentality of the Federa

is engaged in, is concerned with, or has auth

relating to research, monitoring, and plannin

hance, preserve, or rehabilitate the environmen

ral resources of the Great Lakes, including the 

the Army, the Chief of the Soil Conservatio

mandant of the Coast Guard, the Director of t

Service, and the Administrator of the Nation

mospheric Administration, shall submit an a

Administrator with respect to the activities of 

affecting compliance with the Great Lakes W

ment of 1978. 

“(g) RELATIONSHIP TO EXISTING FEDERAL A

INTERNATIONAL TaxArms.-Nothing in this s

strued to affect the jurisdiction, powers, or 

department, agency, or officer of the Federal G

State government, or of any tribe, nor any po

prerogatives of any international body crea

authority relating to the Great Lakes. 
.ing to the Great Lakes 

every four years. 

*arch Office shall estab 

!ge for the purpose of 

acquisition, retrieval, 

In concerning research 

ed and which affect the 

rch Office shall develop, 

Office, a comprehensive 

data base for the Great 

.de, but. not be limited to, 

, and biota. 

Office shall conduct, 

al Research Laboratory, 

m, other Federal laboraate research and monitorssues and current needs 

:e shall be located in a 

iATION.- 

f each year, the Program 

pre are a joint research 

n t R e following calendar 

n prepared under parach dedicated to activities 

!s Water Quality Agree- 

!ssment of priorities for 

s of such Agreement; and 

rch that may be used to 

mental data base for the 

B priorities for developead of each department, 

deral Government which 

authority over programs 

arming to maintain, enkmental quality and natuthe Chief of Engineers of 

ration Service, the Cornof the Fish and Wildlife 

‘ational Oceanic and Atan annual report to the 

I of that agency or offlice 

es Water Quality Agree- 

.L AND STATE LAWS AND 

ti section shall be conor prerogatives of any 

&l Government or of any 

.y powers, jurisdiction, or 

created by treaty with 

(h) AUTHORIZATIONS OF GREAT LAKES APPROPRIATIONS.

are authorized to be appropriated to the Administrator to car

this section not to exceed $11,000,000 per fiscal year for the 

years 1987,1988,1989,1990, and 1991. Of the amounts approp

each foal year- 

“(1) 40 percent shall be used by the Great Lakes Na

Program Office on demonstration projects on the feasibi

controlling and removing toxic pollutants; 

“(2) 7 percent shall be used by the Great Lakes Na

Program Office for the program of nutrient monitoring

“(3) 30 percent shall be transferred to the National O

and Atmospheric Administration for use by the Great 

Research Office.“. 

SEC.105.RESEARCHONEFFECTSOFPOLLUTANTS. 

In carrying out the provisions of section 104(a) of the F

Water Pollution Control Act, the Administrator shall condu

search on the harmful effects on the health and,Felfare of p

caused by pollutants in water, in conjuncti$ with&he United 

Fish and Wildlife Service, the Naiional C%eanic and Atmosp

Administration, and other Federal, State, and Xerst!ate ag

carrying on such research. Such research shall include, and 

place special emphasis on, the effect that bioaccumulation of 

pollutants in aquatic species has upon reducing the value of a

commercial and sport industries. Such research shall further 

methods to reduce and remove these pollutants from the re

affected aquatic species so as to restore and enhance these va

resources. 

TITLE II-CONSTRUCTION GRANTS 

AMENDMENTS 

SEC.201.TIMELIMITONRESOLVINCCERTAINDISPUTES. 

Section 201 is amended by adding at the end thereof the follo

new subsection: 

“(p) TIME LIMIT ON RESOLVING CERTAIN DISPUTES.-In any c

which a dispute arises with respect to the awarding of a contra

construction of treatment works by a grantee of funds unde

title and a party to such dispute files an appeal with the Ad

trator under this title for resolution of such dispute, the Ad

trator shall make a final decision on such appeal within 90 d

the filing of such appeal.“. 

SEC.202.FEDERALSHARE. 

(a) LIMITATION ON ELIGIBILITY AFTER 1990.-The last sente

section 202(a)(l) is amended by inserting before the period at th

the following: “for any grant made pursuant to a State oblig

which obligation occurred before October 1,199O”. 

(b) PROJECTS UNDER JUDICIAL INJuNcTIoN.-%&ion 202(a

amended by adding at the end thereof the following: “Notwithst

ing the first sentence of this paragraph, in the case of a proje

which an application for a grant under this title has been m

the Administrator before October 1,1984, and which project is 

judicial injunction on such date prohibiting its construction, 
Pennsylvania. 

33 USC 1282. 

Minnesota. 

33 USC 1231b. 

State and local 

governments. 

33 USC 1231. 

Contracts. 

33 USC 1283. 

33 USC 1361. 

pjgg

construction thereof. ‘. 

Cc) PROJECXS UNDER JUDICIAL ORDER 

tion 202(aXl) is amended by adding at th

“Notwithstanding the first sentence of t

the Wyoming Valley Sanitary Authority 

dicial order under a proceeding begun p

project for wastewater treatment for A

projects shall be eligible for grants a

construction thereof.’ . 

(d) BIODISC Equn%fxNr.-Section 202(a

the end thereof the following: “In add

authorized to make a grant to fund all 

tion or replacement of biodisc equi

contactors) in any publicly owned treatm

trator finds that such equipment has fa

ance specifications, unless such failure 

on the part of any person, and if su

increased capital-&r operating and maint

(e) INNOVATIVE&W&&-The activate

project for treatment works of the city 

shall be deemed tb be an innovative w

nique for purposes of section 202(a)(2) of 

Control Act and the amount of any gra

feature shall be 85 percent of the cost the

(0 AVAILABILITY OF CERTAIN FUNDS 

Notwithstanding any other provision 

made available by the Farmers Home A

cal subdivision of a State may be used 

share of the cost of any construction 

section 201 of the Federal Water Pollutio

SEC. 203. AGREEMENT ON ELIGIBLE COSTS

Section 203(a) is amended by insertin

ignating the last sentence as paragra

sentence as a paragraph, and by inserting 

designated the following: 

“(2) AGREEMENT ON ELIGIBLE COSIS

“(A) LIMITATION ON MonrncA

action on any plans, specificatio

under this subsection after the 

of the enactment of the Wate

Administrator shall enter into 

the applicant which establishes 

the proposed project are elig

under this section. The Adminis

such eligibility determinations 

have been made in violation of 

and regulations. 

“(B) LIMITATION ON EFFECT.-

under this paragraph shall not 

from auditing a project pursuan

or other authority, or from with

eral funds for costs which are 

unsupported by adequate docu

allowable under applicable Fede

are incurred on a project whic
tt 75 percent of the cost of 

:AND OTHER PROJECXS.--Sec. 

;he end thereof the following: 

this paragraph, in the case of 

ity project mandated by juu-ior to October 1,1984, and a 

Altoona, Pennsylvania, such 

it 75 percent of the cost of 

ax31 is amended by adding at 

dition, the Administrator is 

of the costs of the modificaipment (rotating biological 

iment works if the Adminisiled to meet design performis attributable to negligence 

ch failure has significantly 

tenance expenditures.“. 

ted bio-filter feature of the 

. of Little Falls, Minnesota, 

a&water process and techthe Federal Water Pollution 

.nt under such Act for such 

?reof. 

FOR NON-FEDERAL SHARE.- 

of law, Federal assistance 

dministration to any politito provide the non-Federal 

project carried out under 

n Control Act. 

g “(1)” after “(al”., by des- 

)h (3) and indenting such 

J before paragraph (31 as so 

TONS.-Before taking final 

s, and estimates submitted 

0th day following the date 

Quality Act of 1987, the 

r written agreement with 

nds ifies which items of 

le p” or Federal payments 

-ator ma not later modify 

mless t iI ey are found to 

pplicable Federal statutes 

31’ *bility determinations 

-ec f ude the Administrator 

to section 501 of this Act, 

olding or recovering Fed- 

)und to be unreasonable, 

ntation, or otherwise un1 cost principles, or which 

fails to meet the design 

specifications or effluent limitations contained 

agreement and ,permit pursuant to section 402 

for such project. . 

&&ion 203 is amended by adding at the end the fo

subsection: 

“(f) DESIGN/BUILD PROJECTS.- 

“(1) AGREEMENT.-Consistent with State law, a

who proposes to construct waste water treatment 

enter into an agreement with the Administrator 

subsection providing for the preparation of constru

and specifications and the erection of such treatmen

lieu of proceeding under the other provisions of 

“(2) LIMITATION ON PEoJEcTs.-Agreements under 

tion shall be limited to projects under an approved 

which projects are- 

“(A) treatment works that have an estimated 

$B,OOO,OOO or less; and 

“(Bl any of the following types of waste wate

systems: aerated lagoons, trickling filters, 

ponds, land application systems, sand filters

surface disposal systems. 

“(3) REQUIRED TERMS.-An agreement entered into 

subsection shall- 

“(A) set forth an amount agreed to as the 

Federal contribution to the project, based upon 

tively bid document of basic design data and 

standard construction specifications and a dete

the federally eligible costs of the project at th

Federal share under section 202 of this Act; 

“(B) set forth dates for the start and co

construction of the treatment works by the app

schedule of payments of the Federal contribu

project; 

“(Cl contain assurances by the applicant that 

ing and management assistance will be provide

the project; (ii) the proposed treatment works 

operable unit and will meet all the requirem

title; and (iii) not later than 1 year after the d

as the date of completion of construction of th

works, the treatment works will be operating s

the requirements of any applicable permit for 

ment works under section 402 of this Act; 

“(D) require the applicant to obtain a bon

contractor in an amount determined neces

Administrator to protect the Federal interest in 

and 

“(El contain such other terms and condit

necessary to assure compliance with this title 

provided in paragraph (4) of this subsection). 

“(4) LIMITATION ON APPLICATION.-&rbsections (a

of this section shall not apply to grants made purs

subsection. 

“(5) RESERVATION TO ASSURE COMPLIANCE.-The A

shall reserve a portion of the grant to assure con

ance until final project approval as defined by t
33 USC 1285. 

33 USC 1281. 

Grants. 

Grants 

33 USC 1284. 

33 USC 1288. 

State and local 

governments. 

33 USC 1313. 

33 USC 1315. 

33 USC 1284 

note. 

trator. If the amount agreed to under 

the cost of designing and constructing 

Administrator shall reallot the amo

State in which such treatment works 

year in which such audit is completed. 

“(6) LIMITATION ON OBLIGATIONS .-T

not obligate more than 20 percent of 

State for a fiscal year under section 

pursuant to this subsection. 

“(7) ALLowAWE.-The Administrat

allowance for facilities planning for p

this subsection in accordance with sec

“(8) LIMITATION ON FEDERAL coNT

shall the Federal contribution for 

construction plans and specifications 

tion of treatment works pursuant to 

amount agreed upon under paragraph 

“(9) RECOVERY ACTION.-II1 any cas

a grant made pursuant to this subsec

the terms of the agreement entered 

the Administrator is authorized to ta

necessary to recover the amount of th

the project. 

“(10) PREVENTION OF DOUBLE BENEF

made pursuant to this subsection sha

other grants under this title for the sa

SEC. 205. GRANT CONDITIONS: USER CHARGES 

TIAL USERS. 

(a) INCLUSION OF PROJECT IN AREAWIDE 

amended to read as follows: 

“(1) that any required areawide was

plan under section 208 of this Act (A) 

such area and the proposed treatmen

such plan, or (B) is being developed for 

progress is being made toward its 

proposed treatment works will be 

(b) CONTINUING PLANNING Paocxss-Sec

to read as follows: 

“(21 that (A) the State in which the 

is implementing any required plan u

Act and the proposed treatment work

such plan, or (ii) is developing such 

treatment works will be in conformity 

such State is in compliance with se

(c) USER CHARGES ON LOW-INCOME RES

204&X1) is amended by adding at the end 

system of user charges which imposes a low

residential users (as defined by the Admin

to be a user charge system meeting the req

this paragraph if the Administrator dete

was adopted after public notice and hearing

(d) EFFECTIVE DATE-This section shall 

the enactment of this Act, except that t

subsections (a) and (b) shall take effect o

year period beginning on such date of enac
e treatment works, the 

; of the excess to the 

e located for the fiscal 

e Administrator shall 

e amount allotted to a 

) of this Act for grants 

r shall determine an 

ects constructed under 

1 201(l). 

3vTIoNs.-In no event 

he cost of preparing 

1 the building and erecj subsection exceed the 

‘. 

, which the recipient of 

n does not comply with 

,o under paragraph (31, 

such action as may be 

Federal contribution to 

-A recipient of a grant 

not be eligible for any 

: project.“. 

NLOW-INCOMERESIDEN4N.-section 20&d(l) iS 

treatment management 

being implemented for 

works are included in 

ich area and reasonable 

iplementation and the 

:luded in such plan;“. 

ion 204(a)(2) is amended 

-eject is to be located (i) 

er section 303(e) of this 

are in conformity with 

plan and the proposed 

with such plan, and (B) 

on 305(b) of this Act;“. 

ENTIAL USER%--SeCtiOn 

iereof the following: “A 

r charge for low-income 

trator) shall be deemed 

rements of clause (A) of 

nines that such system t 

,ke effect on the date of 

amendments made by 

the last day of the twolent. 

(a) FORMULA.- 

(1) EXTENSION OF EXISTING FORMULA FOR 1986.-&&io

205(c)(2) is amended by striking out “and September 30, 

and _--- inserting in lieu thereof “September 30, 1985, and Se

ber 30,1986,‘. 

(2) FISCAL YEARS 1987-lag&-Section 205(c) is amend

adding at the end the following new paragraph: 

“(3) FISCAL YEARS 1987-1990.-Sums authorized to be a

priated pursuant to section 207 for the fiscal years 1987

1989, and 1990 shall be allotted for each such year b

Administrator not later than the 10th day which begins 

the date of the enactment of this paragraph. Sums autho

for such fiscal years shall be allotted in accordance wit

following table: 

“States: 

/damia ..................... 

......................................................................... 

................................................................................................ 

Arizona.. .............................................................................................. 

Arkansag ............................................................................................. 

ca;;fpIa ............................................................................................ 

.............................................................................................. 

Connecticut.. ....................................................................................... 

Delaware.. ................. .......................................................................... 

District of Columbia. ......................................................................... 

Florida. ................................................................................................ 

Georgia ............................... ................................................................. 

Hawaii ............ ..................................................................................... 

Idaho.. .................................................................................................. 

Illinois .................................................................................................. 

Indiana.. .............................................................................................. 

p?;vmG:.: .............................................................................................. 

............................................................................................... 

Kentucky ............................................................................................. 

Louisiana ............................................................................................. 

Maine ................................................................................................... 

Maryland ............................................................................................ 

Massachusetts .................................................................................... 

Michigan ............................................................................................. 

Minnesota ........................................................................................... 

Mississippi.. ........................................................................................ 

Missouri ............................................................................................... 

gmrlll. ............................................................................................ 

............................................................................................. 

Nevada ................................................................................................ 

New Hampshire.. ............................................................................... 

New Jersey ......................................................................................... 

f4.4; Amoco ........................................................................................ 

............................................................................................ 

North Carolina.. ................................................................................. 

North. Dakota.. ................................................................................... 

Ohio ........... . .......................................................................................... 

Oklahoma ............................................................................................ 

Oregon. ................................................................................................ 

Pennsylvania.. .................................................................................... 

Rhode Island ....................................................................................... 

South Carolina.. ................................................................................. 

South Dakota ..................................................................................... 

EZssee 

............................................................................................ 

.................................................................................................... 

Utah ..................................................................................................... 

Vermont. ............................................................................................. 

Virginia.. ............................................................................................. 

Washington ......................................................................................... 

West Virginia ..................................................................................... 

.0

.0

.0

.0

.0

.0

.0

M

.0

:E

6

.0

.0

.0

.

9

.

:

.

.

:

:

.

9

:

:

.

.

.

:
33 USC 1285. 

33 USC 1291. 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

~4fcan Samoa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Northern Marianas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Puerto Rico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Pacific Trust Territories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

Virgin Islands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

(b) EXTENSION OF MINIMUM AWRNTs.-S

amended by striking out “and 1985” each 

inserting in lieu thereof “1985, 1986, 1987, 

(cl COSTS OF ADMINISTRATION.-Section 20

striking out “October 1, 1985” and inser

“October 1,1994”. 

(d) CONTROL OF POLLDTANT~ FROM STORM S

is amended by striking out “1985,” and ins

“1990,“. 

SEC. 207. RURAL SET ASIDE. 

(al INCREASE IN MANDATORY SET ASIDE FO

first sentence of section 205th) is amended by 

centum” and inserting in lieu thereof “a total 

Governor of the State) of not less than 4 perc

percent”. 

(b) INCREASE IN AUTHORIZED SET ASIDE FO

second sentence of section 205th) is amended 

per centum” and inserting in lieu thereof “7% 

SEC. 206. INNOVATIVE AND ALTERNATIVE PROJECT

Section 205(i) is amended to read as follows: 

State and local “(i) SET-ASIDE FOR INNOVATIVE AND ALTER

governments. less than % of 1 percent of funds allotted to a 

fiscal years ending September 30,1979, throug

under subsection (c) of this section shall b

increasing the Federal share of grants for con

works utilizing innovative processes and te

33 USC 1282. section 202(a)(2) of this Act. Including the ex

by the preceding sentence, a total of 2 percen

to a State for each of the fiscal years ending S

September 30,1980, and 3 percent of the funds 

the fLsca1 year ending September 30, 1981, u

this section shall be expended only for i

construction of treatment works pursuant to s

Act. Including the expenditures authorized by 

this subsection, a total (as determined by the 

of not less than 4 percent nor more than 7% 

allotted to such State under subsection (c) of t

the fiscal years ending September 30, 1982, t

1990, shall be expended only for increasing 

grants for construction of treatment works 

202(a)(2) of this Act.“. 

SEC. 209. REGIONAL ORGANIZATION FUNDING. 

State and local 

governments. 

Section 205cjX3) is amended by adding at 

following: “In giving such priority, the State 

40 

un 8” 

rcent of the amount granted to such S

er paragraph (2) of this subsection to regio

sive planning organizations in such State and 

organizations for the development and implem
. . . . . . . . . . . . . . . . . . . . .004965 

. . . . . . . . . . . . . . . . . . .000908 

. . . . . . . . . . . . . . . . . . . . . . .000657 

. . . . . . . . . . . . . . . . . . . . . .000422 

. . . . . . . . . . . . . . . . . . . . . .013191 

. . . . . . . . . . . . . . . . . . . .001295 

. . . . . . . . . . . . . . . . . . . . . .000527”. 

vTs.-Section 205(e) is 

I place it appears and 

1988, 1989, and 1990”. 

!05@Ml) is amended by 

erting in lieu thereof 

SEWJmS-&?ction 211(c) 

rserting in lieu thereof 

iR RURAL STATES.-The 

‘y striking out “four per 

al (as determined by the 

cent nor more than 7Yz 

3~ OTHER STATES.-The 

;d gr;FjtGng out “four 

2 

:cTs. 

4: 

:NATWE PROJECTS-Not 

I a State for each of the 

h September 30,1990, 

%e expended only for 

mnstruction of treatment 

echniques pursuant to 

expenditures authorized 

nt of the funds allotted 

September 30,1979, and 

is allotted to a State for 

under subsection (c) of 

increasing grants for 

1 section 202(a)(2) of this 

by the first sentence of 

: Governor of the State) 

Y2 percent of the funds 

this section for each of 

through September 30, 

3 the Federal share of 

;8 pursuant to section 

it the end thereof the 

? shall allocate at least 

State for a fiscal ear 

onal public compre K en1 appropriate interstate 

smentation of the plan 

ernor, in consultation with such organizations and with th

proval of the Administrator, determines that allocation of at le

percent of such amount to such organizations will not res

significant participation by such organizations in water q

management planning and not significantly assist in develop

and implementation of the plan described in this paragraph 

achieving the goals of this Act, the allocation to such organiz

may be less than 40 percent of such amount.“. 

SEC. 210. MARINECSO'SANDESTUARIES. 

Section 205 is amended by adding at the end thereof the follo

new subsection: 

“(~)MARINE ESTUARYRESERVATION.- 

“(1) RESERVATION OF FUNDS.- 

“(A) GENERAL Rum.-Prior to making allotments a

the States under subsection (c) of this section, the Adm

trator shall reserve funds from sums appropriated pur

to section 207 for each fmcal year beginning after Se

ber 30,1986. 

“(B) FR~CAL YEARS 1987 AND rsss.-For each of fiscal 

1987 and 1988 the reservation shall be 1 percent of the 

appropriated pursuant to section 207 for such fiscal 

“(C) FISCAL YEARS 1989 AND lggo.-For each of fiscal 

1989 and 1990 the reservation shall be 1?4 percent 

funds appropriated pursuant to section 207 for such 

year. 

“(2) USE OF FuHns.-Gf the sums reserved under this s

tion, two-thirds shall be available to address water q

problems of marine bays and estuaries subject to lower lev

water quality due to the impacts of discharges from com

storm water and sanitary sewer overflows from adjacent 

complexes, and one-third shall be available for the implem

tion of section 320 of this Act, relating to the national es

program. 

“(3) PERIOD OF AVAHABILI+N.-&IIS reserved under 

subsection shall be subject to the period of availability 

obligation established by subsection (d) of this section. 

"(4) ?ttRATMENT OF CERTAIN BODY OF wmlm-For pUrpOS

this section and section 201(n), Newark Bay, New Jersey

the portion of the Passaic River up to Little Falls, in the vi

of Reatties Dam, shall be treated as a marine bay and estu

SEC.21I.AUTHORIZATIONSFORCONSTRUCTIONGRANTS. 

Section 207 is amended by striking out the period at th

thereof and inserting in lieu thereof the following: “; and for e

the fiscal years ending September 30,1986, September 30,198

September 30,1988, not to exceed $2,400,000,000; and for each 

fiscal years ending September 30,1989, and September 30,199

to exceed $1,200,000,000.“. 

SEC.~~~.STATRWATERPOLL~T~ONCONTROLREVOLV~NGFUNDS

(al ESTABLISHMENT OFPaocRMa.-The Act is amended by a

at the end thereof the following new title: 
33 USC 1381. 

33 USC 1292. 

Post, p. 52. 

Post, p. 61. 

Post, p. 25. 

33 USC 1382. 

post, p. 27. 

TITLE VISTATE WATER 

CONTROL REVOLVING 

“SEC. 601. GRANTS TO STATES FOR ESTABLISH

FUNDS. 

“(a) GENERAL AUTHORITY.-Subject to the p

the Administrator shall make capitalization g

the purpose of establishing a water pollution 

for providing assistance (11 for construction o

defined in section 212 of this Act) which are 

implementing a management program under 

developing and implementing a conservation 

under section 320. 

“(bl SCHEDULE OF GRANT PAYMENTS.-The A

State shall jointly establish a schedule of paym

Administrator will pay to the State the amou

made to the State under this title. Such sche

the State’s intended use plan under section 60

that- 

“(1) such payments shall be made in q

and 

“(2) such payments shall be made as ex

but in no event later than the earlier of- 

“(A) 8 quarters after the date such 

by the State, or 

“(Bl 12 quarters after the date such 

the State. 

“SEC. 602. CAPITALIZATION GRANT AGREEMENTS

“(a) GENERAL RULE.-TO receive a capitaliza

made available under this title and section 

State shall enter into an agreement with the 

shall include but not be limited to the spec

subsection (bl of this section. 

“(b) SPECIFIC REQUIREMENTS.-The Administ

an agreement under this section with a Stat

has established to the satisfaction of the Admin

“(1) the State will accept grant paym

made available under this title and sectio

accordance with a payment schedule esta

Administrator under section 601(b) of this 

all such payments in the water pollution 

established by the State in accordance wit

“(21 the State will deposit in the fund 

amount equal to at least 20 percent of th

capitalization grants which will be made t

to be made available under this title and 

Act on or before the date on which each 

ment will be made to the State under this 

“(31 the State will enter into binding co

assistance in accordance with the require

an amount equal to 120 percent of the 

grant payment within 1 year after the 

payment; 
:R POLLUTION 

VG FUNDS 

.ISHMENT OF REVOLVING 

le provisions of this title, 

n grants to each State for 

on control revolving fund 

Nn of treatment works (as 

re publicly owned, (2) for 

ler section 319, and (3) for 

on and management plan 

e Administrator and each 

ayments under which the 

nount of each grant to be 

:hedule shall be based on 

I 606(c) of this Act, except 

n quarterly installments, 

expeditiously as possible, 

fuch funds were obligated 

ich funds were allotted to 

Is. 

lization grant with funds 

on 205(m) of this Act, a 

the Administrator which 

necifications set forth in 

nistrator shall enter into 

tate only after the State 

ministrator thatments with funds to be 

tion 205(m) of this Act in 

,stablished jointly by the 

this Act and will deposit 

In control revolving fund 

vith this title; 

d from State moneys an 

’ the total amount of all 

e to the State with funds 

nd section 205(m) of this 

Rzh quarterly grant paylis title; 

commitments to provide 

drements of this title in 

ie amount of each such 

\e receipt of such grant 

() pp

and timely manner; 

“(5) all funds in the fund as a result of capitalization gr

under this title and section 205(m) of this Act will first be 

to assure maintenance of progress, as determined by 

Governor of the State, toward compliance with enforce

deadlines, goals, and requirements of this Act, including 

municipal compliance deadline; 

“(6) treatment works eligible under section 603(cXl) of 

Act which will be constructed in whole or in part before f

year 1995 with funds directly made available by capitaliza

grants under this title and section 205(m) of this Act will 

the requirements of, or otherwise be treated (as determined 

the Governor of the State) under sections 201(b), 2Ol(

201(g)(2), 201(g)(3), 201(g)(5), 201(g)(6), 201(n)(l), 201(o), 204

204(aX2), 204(bXl), 204(dX2), 211, 218, 511(cXl), and 513 of 

Act in the same manner as treatment works constructed 

assistance under title II of this Act; 

“(7) in addition to complying with the requirements of 

title, the State will commit or expend each quarterly g

payment which it will receive under this title in accord

with laws and procedures ap licable to the commitmen

expenditure of revenues of the 8 t-ate; 

“(8) in carrying out the requirements of section 606 of 

Act, the State will use accounting, audit, and fiscal p

dures conforming to generally accepted government accou

standards; 

“(9) the State will require as a condition of making a loa

providing other assistance, as described in section 603(d) o

Act, from the fund that the recipient of such assistance 

maintain project accounts in accordance with gene

accepted government accounting standards; and 

“(10) the State will make annual reports to the Administra

on the actual use of funds in accordance with section 606

this Act. 

"SEC.603.WATERPOLLUTIONCONTROLREVOLVINGLOANFUNDS. 

“(a) REQUIREMENTS FOR OBLIGATION OF GRANT FUNDS.-Befo

State may receive a capitalization grant with funds made avai

under this title and section 205(m) of this Act, the State shall 

establish a water pollution control revolving fund which com

with the requirements of this section. 

“(b) ADMINISTRATION.-Each State water pollution control re

ing fund shall be administered by an instrumentality of the 

with such powers and limitations as may be required to operate 

fund in accordance with the requirements and objectives of this 

“(c) PROJECTS ELIGIBLE FOR AssrsTANcR.-The amounts of 

available to each State water pollution control revolving fund 

be used only for providing financial assistance (1) to any munic

ity, inter-municipal, interstate, or State agency for constructio

publicly owned treatment works (as defined in section 212 o

Act), (2) for the implementation of a management program e

lished under section 319 of this Act, and (3) for development 

implementation of a conservation and management plan u

section 320 of this Act. The fund shall be established, mainta

and credited with repayments, and the fund balance shall be 

able in perpetuity for providing such financial assistance. 
Insurance. 

Securities. 

33 USC 1231. 

33 USC 1285, 

1238, 1313; post, 

pp. 52, 61. 

33 USC 1296. 

(p

law, a water pollution control revolving fund of 

section may be used only- 

“(1) to make loans, on the condition that- 

“(Al such loans are made at or below 

rates, including interest free loans, at te

20,years; 

(Bl annual principal and interest pa

mence not later than 1 year after comple

and all loans will be fully amortized not l

after project completion; 

“(Cl the recipient of a loan will esta

source of revenue for repayment of loans; 

“(D) the fund will be credited with all 

cipal and interest on all loans; 

“(2) to buy or refinance the debt obligation 

and intermunicipal and interstate agencies w

or below market rates, where such debt ob

curred after March 7,1985; 

“(31 to guarantee, or purchase insurance fo

where such action would improve credit 

reduce interest rates; 

“(41 as a source of revenue or security fo

principal and interest on revenue or genera

issued by the State if the proceeds of the sale 

be deposited in the fund; 

“(5) to provide loan guarantees for simila

established by municipalities or intermunicipal 

“(61 to earn interest on fund accounts; and 

“(‘71 for the reasonable costs of administeri

conducting activities under this title, except t

shall not exceed 4 percent of all grant awa

under this title. 

‘Ye) LIMITATION To PREVENT DOUBLE BENEFITS.

from its water pollution revolving fund, a loan w

the cost of facility planning and the preparation 

tions, and estimates for construction of publicly 

works, the State shall ensure that if the recip

receives a grant under section 201(g) of this Act 

such treatment works and an allowance under 

this Act for non-Federal funds expended for s

preparation, such recipient will promptly repay 

extent of such allowance. 

“(f) C~NSIEJTENCY WITH PLANNING REQUIREME

provide financial assistance from its water pollutio

ing fund only with respect to a project which 

plans, if any, developed under sections 2050’1, 20

320 of this Act. 

“(gl PRIORITY LIST BEQuIREMENr.-The State m

cial assistance from its water pollution control re

with respect to a project for construction of a 

described in subsection (cX11 if such project is on t

list under section 216 of this Act. Such assistance 

regardless of the rank of such project on such list. 

‘(h) ELIGIBILITY OF NON-FEDERAL SHARE OF CON

PR~JECIS.-A State water pollution control rev

provide assistance (other than under subsection (d
md of a State un B er this 

.hatlr below market interest 

8, at terms not to exceed 

rest payments will comcompletion of any project 

?d not later than 20 years 

ill establish a dedicated 

? loans; and 

4th all payments of prinligation of municipalities 

ncies within the State at 

lebt obligations were inmce for, local obligations 

:redit market access or 

lrity for the payment of 

general obligation bonds 

le sale of such bonds will 

similar revolving funds 

unicipal agencies; 

8; and 

Cstering the fund and 

xcept that such amounts 

nt awards to such fund 

Ems.-If a State makes, 

loan which will finance 

Tation of plans, specificalblicly owned treatment 

: recipient of such loan 

s Act for construction of 

mder section 201(1X1) of 

for such 

repay sue f 

lanning and 

loan to the 

RRMENT8.-ASl&.emay 

pollution control revolvrhich is consistent with 

;(i), 208, 303(e), 319, and 

tate may provide finantrol revolving fund only 

of a treatment works 

is on the State’s priority 

stance may be provided 

n list. 

+FC!~N~TRU~TIONGRANT 

01 revolving fund may 

:ion (dX1) of this section) 

spect to the non-Federal share of the costs of a treatment w

project for which such mumclpahty or agency 1s recelvmg assista

from the Administrator under any other authority only if s

assistance is necessary to allow such project to proceed. 

“SEC. 604. ALLOTMENT OF FUNDS. 

“(a) FORMULA.-sums authorized to be appropriated tc carry 

this section for each of fiscal years 1939 and 1990 shall be allotted 

the Administrator in accordance with section 205(c) of this 

“(b) RESERVATION OF FUNDS FOR PLANNING.-Each State s

reserve each fiscal year 1 percent of the sums allotted to such S

under this section for such fiscal year, or $100,000, whiche

amount is greater, to carry out planning under sections 205(j) 

303(e) of this Act. 

“(~)ALL~TMENT PERIOD.- 

“(1) PERIOD OF AVAILABILITY FOR GRANT AWARD.--SUmS a

ted to a State under this section for a fBca1 year shal

available for obligation by the State during the fiscal yea

which sums are authorized and during the following fiscal y

“(2) REALLOTMENT 0~ UNOBLIGATED FuNns.-The amoun

any allotment not obligated by the State by the last da

the 2-year period of availability established by paragraph 

shall be immediately reallotted by the Administrator on 

basis of the same ratio as is applicable to sums allotted u

title II of this Act for the second fiscal year of such 2y

period. None of the funds reallotted by the Administrator s

be reallotted to any State which has not obligated all s

allotted to such State in the first fiscal year of such 2-

period. 

“SEC. 605. CORRECTIVE ACTION. 

“(a) NOTIFICATION OF NoNcoMr%rANcE.-If the Administra

determines that a State has not complied with its agreement 

the Administrator under section 602 of this Act or any o

requirement of this title, the Administrator shall notify the Sta

such noncompliance and the necessary corrective action. 

"(b) WITHHOLDINGOFPAYMENTCX--Ifa State does not take co

tive action within 60 days after the date a State receives notifica

of such action under subsection (a), the Administrator shall w

hold additional pa 

r 

ents to the State until the Administrator 

satisfied that the tate has taken the necessary corrective ac

“(c) REAU~TM ENT OF WITHHELD PAYMENT&-If the Administra

is not satisfied that adequate corrective actions have been take

the State within 12 months after the State is notified of such ac

under subsection (a), the payments withheld from the State by 

Administrator under subsection (b) shall be made available 

reallotment in accordance with the most recent formula for a

ment of funds under this title. 

“SEC. 606. AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED 

PLAN. 

“(a) FISCAL ~NTROL AND AUDITING PROCEDURES-Each S

electing to establish a water pollution control revolving fund u

this title shall establish fiscal controls and accounting proced

sufficient to assure proper accounting during appropriate acc

ing periods for- 
31 USC 7501 et 

seq. 

33 USC 1296. 

Post, pp. 52, 62. 

33 USC 1311, 

1341. 

An&, p. 22. 

Loans. 

LQans. 

33 USC 1281. 

33 USC! 1387. 

“(2) disbursements made by the fund; an

“(3) fund balances at the beginning and 

period. 

“61 ANNUAL FEDERAL AUDITS.-The Admin

on an annual basis, conduct or require each S

ently conducted reviews and audits as may b

appropriate by the Administrator to carry ou

section. Audits of the use of funds deposited 

revolving fund established by such State s

accordance with the auditing procedures of th

Office, including chapter 75 of title 31, United 

“(cl INTENDED USE FUN.-After providing 

and review, each State shall annually prepare 

intended uses of the amounts available to its w

revolving fund. Such intended use plan sha

limited to- 

“(1) a list of those projects for construct

treatment works on the State’s priority li

to section 216 of this Act and a list of 

assistance under sections 319 and 320 of th

“(21 a description of the short- and long

tives of its water pollution control revolvin

“(3) information on the activities to be 

description of project categories, discharg

titles III and IV of this Act, terms of fin

communities served; 

“(4) assurances and specific proposals fo

ments of paragraphs (3), (41, (51, and (6) o

Act; and 

fuII’d5,’ the trite ria and method established 

“(d) AN’NUAL REPORT.-Beginning the first 

receipt of payments under this title, the S

annual report to the Administrator describin

met the goals and objectives for the previous f

in the plan prepared for the previous fiscal ye

tion (cl, including identification of loan reci

and loan terms and similar details on oth

assistance provided from the water pollution 

‘Ye) ANNUAL FEDERAL OVER~ICHT RRvrRw

shall conduct an annual oversight review o

pared under subsection (c), each State report p

tion (d), and other such materials as are con

appropriate in carrying out the purposes of t

able notice bv the Administrator to the State 

loan from a Gater pollution control revolving 

recipient shall make available to the Adminis

the Administrator reasonably requires to r

compliance with this title. 

“(0 APPLICABILITY OF "~TLE II PRovIsIoNs.-E

provided in this title, the provisions of title 

grants under this title. 

"SEC.607.AUTHORIZATIONOFAPPROPRIATIONS. 

“There is authorized to be appropriated to 

of this title the following sums: 
and 

Id end of the accounting 

inistrator shall, at least 

State to have independbe deemed necessary or 

ut the objectives of this 

1 in the water pollution 

shall be conducted in 

Lhe General Accounting 

d States Code. 

ng for public comment 

*e a plan identifying the 

water pollution control 

all include, but not be 

ction of publicly owned 

list developed pursuant 

bf activities eligible for 

this Act; 

tg-term goals and objecing fund; 

? supported, including a 

?ge requirements under 

nancial assistance, and 

For meeting the requireof section 602(b) of this 

d for the distribution of 

st fiscal year after the 

State shall provide an 

ling how the State has 

fiscal year as identified 

‘ear pursuant to subsec- 

:ipients, loan amounts, 

her forms of financial 

control revolving fund. 

V.-The Administrator 

)f each State plan preprepared under subsecnsidered necessary and 

this title. After reasont.e or the recipient of a 

fund, the State or loan 

strator such records as 

review and determine 

-Except to the extent 

3 II shall not apply to 

‘carry out the purposes 

($,,,pyy

and 1990; 

“(2) $2,400,000,000 for fiscal year 1991; 

“(3) $1,800,000,000 for fiscal year 1992; 

“(4) $1,200,000,000 for fiscal year 1993; and 

“(5) $600,000,000 for fiscal year 1994.“. 

(b) STATE-OPTION To USE TITLE II FUNDS.-Section 295 is am

by adding at the end thereof the following new subsection: 

“(m) DISCRETIONARY DEPOSITS INTO STATE WATER POLLUTIO

TROL REVOLVING FUNDS.- 

“(1) FROM CONSTRUCTION GRANT ALLOTMENTS.-In additi

any amounts deposited in a water pollution control revo

fund established by a State under title VI, upon request 

Governor of such State, the Administrator shall make ava

to the State for deposit, as capitalization grants, in such fu

any fiscal year beginning after September 30,1986, such p

of the amounts allotted to such State under this section fo

fiscal year as the Governor considers appropriate; excep

(A) in fiscal year 1987, such deposit may not exceed 50 pe

of the amounts allotted to such Stats under this section fo

fiscal year, and (Bl in fiscal year 1988, such deposit ma

exceed 75 percent of the amounts allotted to such State 

this section for this fiscal year. 

“(2) NOTICE REQUIREMENT.-The Governor of a State 

make a request under paragraph (1) for a deposit into the 

pollution control revolving fund of such State- 

“(A) in fiscal year 198’7 only if no later than 90 days 

the date of the enactment of this subsection, and 

“(Bl in each fiscal year thereafter only if 90 days 

the first day of such foal year, 

the State provides notice of its intent to make such d

“(31 EXCEPTION.-Sums resewed under section 205(i) o

Act shall not be available for obligation under this subsec

(cl REPORT TO CoNcREss.-Section 516 is amended by adding 

end thereof the following new subsection: 

‘Ygl STATE REVOLVING FUND REPORT.- 

“(1) IN GENERAL-Not later than February 10, 199

Administrator shall submit to Congress a report on the 

cial status and operations of water pollution control rev

funds established by the States under title VI of this Ac

Administrator shall prepare such report in cooperation wi

States, including water pollution control agencies and 

water pollution control planning and financing agencies. 

“(21 CoNrxNTs.-The report under this subsection sha

include the following: 

“(A) an inventory of the facilities that are in sign

noncompliance with the enforceable requirements 

Act; 

“(B) an estimate of the cost of construction nec

to bring such facilities into compliance with such re

ments; 

“(Cl an assessment of the availability of sources of 

for financing such needed construction, including a

mate of the amount of funds available for providing 

ance for such construction through September 30

from the water pollution control revolving funds 

lished by the States under title VI of this Act; 
Loans. 

(D) an assessment of the operations, 

loan conditions of such revolving funds; 

33 USC 1287. 

33 USC 1281. 

‘YE) an assessment of the effect on 

assistance provided by such revolving 

the assistance provided with funds app

to section 207 of this Act; and 

“(F) an assessment of the efficiency o

maintenance of treatment works cons

ance provided by such revolving fund

efficiency of the operation and mainten

works constructed with assistance prov

201 of this Act.“. 

SEC. 213. IMPROVEMENT PROJECIS. 

33 USC 1285. 

(a) AVALON, CALIFORNIA.-The Administrator 

of $3,000,000 from funds allotted under section 

Water Pollution Control Act to the State of Calif

1987 to the city of Avalon, California, for im

publicly owned treatment works of such city. 

(b) WALKER AND SMITHFIELD TOWNSHIPS, FkNN

funds available for grants in the State of Penn

third sentence of section 2OUgXl) of the Feder

Control Act in fiscal year 1987, the Adminis

grants- 

(1) to Walker Township, Pennsylvania, for 

tor system and connecting its wastewater tre

the Huntingdon Borough, Pennsylvania, 

plant, and 

(2) to Smithfield Township, Pennsylvania

and extending its collector system. 

(c) TAYLOR MILL, KENTUCKY.-Notwithstanding 

the Federal Water Pollution Control Act or an 

law, the Administrator shall make a grant of $ 

allotted under section 205 of such Act to the St

fiscal year 1986 to the city of Taylor Mill, Kentu

and reconstruction, as necessary, of the publicly 

works of such city. 

33 USC 1232. 

(d) NEVADA COUNTY, CAr,rroaNIA.-Out of 

grants in the State of California under the third 

2OUgXl) of the Federal Water Pollution Contro

198’7, the Administrator shall make a grant for t

collection s tern serving the Glenshire/Devonsh

County, C aT ifornia, to deliver waste to the Taho

District’s regional wastewater treatment facility. 

(e) TREATMENT WORKS FOR WANAQUE, NEW Jm

1987 and succeeding fiscal years, the Adminis

grants to the Wanaque Valley Regional Sewer

Jersey., from funds allotted under section 205 o

Pollution Control Act to the State of New Jersey 

for the construction of treatment works with 

capacity of 1,050,OOO gallons per da 

with a treatment capacity of 350,OO J 

(including 

gallons per 

ing section 202 of such Act, the Federal share of 

tion of such treatment works shall be 75 percent. 

(0 QEATMENT WORKS FOR LENA, IuINors.-Th

shall make grants to the village of Lena, Illinois, 

under section 205 of the Federal Water Pollution 
, p, 

zuser charges of the 

Ig funds compared to 

appropriated pursuant 

1 of the operation and 

nstructed with assistnds compared to the 

ttenance of treatment 

rovided under section 

or shall make a grant 

on 205 of the Federal 

llifornia for fiscal year 

improvements to the 

ENNSYLVANIA.--Out Of 

!Fnsylvania under the 

ieral Water Pollution 

inistrator shall make 

for developing a collectreatment system into 

.a, sewage treatment 

nia, for rehabilitating 

ling section 201@(l) of 

an 

$r 

other provision of 

If 250,000 from funds 

State of Kentucky for 

tntucky, for the repair 

licly owned treatment 

#f funds available for 

ird sentence of section 

trol Act in fiscal year 

,r the construction of a 

n&ire area of Nevada 

gyoe-Truckee Sanitary 

J&sm.-In fmcal year 

inistrator shall make 

*erage Authority, New 

i of the Federal Water 

se 

% 

for such foal year, 

it, a total treatment 

~g a treatment module 

dr day). Notwithstandof the cost of construc- 

!nt. 

3.-The Administrator 

his, from funds allotted 

tion Control Act to the 

i 

State oos oscayeas begg ateSeptebe30, 9

for the construction of a replacement moving bad filter press for t

treatment works of such village. Notwithstanding section 202 of t

Federal Water Pollution Control Act, the Federal share of the c

of construction of such project shall be 75 percent. 

(~)PRIORITYFOR~URT~RDEREDAND@HERPR~JEC~S.--T~~S~~~~ 

of Pennsylvania, from funds allotted to it under section 205 of t

Federal Water Pollution Control Act, shall give priority 

construction of- 

(1) the Wyoming Valley Sanitary Authority Secondary Tre

ment project mandated under Federal court order, regardless 

the date of start of construction made pursuant to the co

order; and 

(2) a project for wastewater treatment for Altoona, Pe

sylvania. 

The Chicago tunnel and reservoir project may receive gra

under the last sentence of section 201@(l) of the Federal Wa

Pollution Control Act without regard to the limitation contained 

such sentence if the Administrator determines that such proj

meets the cost-effectiveness requirements of sections 217 and 218 

such Act without any redesign or reconstruction and if the Govern

of the affected State demonstrates to the satisfaction of the Admin

trator the water quality benefits of such project. 

SEC.215.ADVALOREMTAXDEDICATION. 

For the purposes of complying with section 2046x1) of the Fede

Water Pollution Control Act, the ad valorem tax user charge s

terns of the town of Hampton and the city of Nashua, New Ham

shire, shall be deemed to have been dedicated as of December 

1977. The Administrator shall review such ad valorem tax u

charge systems for compliance with the remaining requirements 

such section and related regulations of the Environmental Prot

tion Agency. 

TITLE III-STANDARDS AND 

ENFORCEMENTS 

SEC.301.COMPLIANCEDATES. 

(a) PRIORITY TOXIC POLLUTANT&-Section 3Ol(bX2XC) is amend

by striking out “not later than July 1, 1984,” and inserting after 

this paragraph” the following: “as expeditiously as practicable 

in no case later than three years after the date such limitations 

promulgated under section 304(b), and in no case later th

March 31, 1989”. 

(h) OTHER TOXIC POLLUTANTS.-Section 301(bX2XD) is amended 

striking out “not later than three years after the date such limi

tions are established” and inserting in lieu thereof “as expeditiou

as practicable, but in no case later than three years after the d

such limitations are promulgated under section 304(b), and in 

case later than March 31,1989”. 

(c) CONVENTIONAL POLLUTANTS.-Section 3010$2)(E) is amen

by striking “not later than July 1, 1984,” and inserting in 

thereof “asexpeditiously as practicable but in no case later th
33 USC 1314. 

33 USC 1311. 

33 USC 1311 

note. 

33 USC 1317. 

State and local 

governments. 

Chemicals. 

y

section 304(b), and in no case later than March 3

with”. 

(d) OTHER PonnurANrs.-Section 301(bX2XF) is 

ing “not” after “subparagraph (A) of this paragr

in lieu thereof “as expeditiously as practicable b

by striking “or not later than July 1, 1984,” a

through the end of the sentence and inserting in 

no case later than March 31,1989.“. 

(e) STRICFER BPT.-Section 301(b) is amended b

the following new paragraph: 

“(3XA) for effluent limitations under pa

this subsection promulgated after January 

ing a level of control substantially greate

damentally different control technology than 

an industrial category issued before such d

expeditiously as practicable but in no cas

years after the date such limitations are 

section 304(b), and in no case later than M

“(B) for any effluent limitation in accorda

(lXAXi), (2XAXi), or (2XE) of this subsection 

the basis of section 402(aXl) in a permit issu

of the Water Quality Act of 1987, compliance 

practicable but in no case later than three y

such limitations are established, and in n

March 31, 1989.“. 

(0 DEADLINES FOR REGULATIONS FOR CERTAIN TO

The Administrator shall promulgate final regul

effluent limitations in accordance with sectio

307&X1) of the Federal Water Pollution Contro

pollutants referred to in table 1 of Committee P

30 of the Committee on Public Works and Tra

House of Representatives which are discharged 

of point sources in accordance with the following 

Category 

Organic chemicals and plastics and synthetic fibers . . . . . . . . . . . . . . 

Pesticides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

SEC. 302. MODIFICATION FOR NONCONVENTIONAL PO

(a) LISTING OF PoLnurANrs.-Section 301(g) 

designating paragraph (21 (and any references the

(31 and by striking out all that precedes subpara

graph (11 and inserting in lieu thereof the followin

“@I MODIFICATIONS FOR CERTAIN NONCONV

ANTS.- 

“(1) GENERAL AwrHORIrv.-The Adminis

concurrence of the State, may modify th

subsection (bX2XAl of this section with respe

from any point source of ammonia, chlorin

total phenols (4AAP) (when determined by th

be a pollutant covered by subsection (bXB
are promulgated under 

ch 31,1989, compliance 

?I is amended by strikragraph” and inserting 

)le but in no case”, and 

” and all that follows 

I in lieu thereof “and in 

ed by adding at the end 

paragraph (l)(AXD of 

uy 1, 1982, and requir- 

?ater or based on funthan under permits for 

:h date, compliance as 

case later than three 

tre promulgated under 

n March 31, 1989; and 

brdance with paragraph 

ion established only on 

issued after enactment 

tnce as expeditiously as 

ee years after the date 

in no case later than 

N TOXIC POLLUTANTSegulations establishing 

ctions 30UbX2XA) and 

*ntrol Act for all toxic 

.e Print Numbered 95- 

Transportation of the 

;ed from the categories 

mg table: 

Date by which the 

final regulation shall 

be promulgated 

. . . . . . . . December 31, 1986. 

. . . . . . . . December 31, 1986. 

. POLLUTANTS. 

g) is amended by re- 

; thereto) as paragraph 

paragraph (A) of paraming: 

SNVENTIONAL POLLUTninistrator, with the 

the requirements of 

spect to the discharge 

orine, color, iron, and 

y the Administrator to 

l)(B)(F)) and any other 

pollutant which the Administrator lists under paragraph (

this subsection. 

“(2) REQUIREMENTS FOR GRANTING MODIFICATIONS.-A m

fication under this subsection shall be granted only upo

showing by the owner or operator of a point source satisfac

to the Administrator that-“. 

(b) PROCEDURE FOR LIFTING ADDITIONAL POLLUTANTS; REMOVA

S&ion 301(g) is further amended by adding at the end thereof 

following new paragraphs: 

“(4) PROCEDURES FOR LISTING ADDITIONAL POLLUTANTS.- 

“(A) GENERAL AUTHORITY.-upon petition of any pe

the Administrator may add any pollutant to the lis

pollutants for which modification under this section is 

thorized (except for pollutants identified pursuant to 

tion 304(a)(4) of this Act, toxic pollutants subject to se

307(a) of this Act, and the thermal component of discha

in accordance with the provisions of this paragraph. 

“(B) REQUIREMENTS FOR LISTING.- 

“(i) SUFFICIENT INFORMATION.-The person petiti

ing for listing of an additional pollutant under 

subsection shall submit to the Administrator suffic

information to make the determinations required 

this subparagraph. 

“(ii) TOXIC CRITERIA DETERMINATION.-The Admin

trator shall determine whether or not the pollu

meets the criteria for listing as a toxic pollutant u

section 307(a) of this Act. 

“(iii) LISTING AS TOXIC poI,IuTANT.-If the Admin

trator determines that the pollutant meets the crit

for listing as a toxic pollutant under section 307(a

Administrator shall list the pollutant as a toxic po

ant under section 307(a). 

“(iv) NONCONVENTIONAL CRITERIA DETERMINATIO

If the Administrator determines that the pollutant 

not meet the criteria for listing as a toxic pollu

under such section and determines that adequate 

methods and sufficient data are available to make 

determinations required by paragraph (2) of 

subsection with respect to the pollutant, the Adm

trator shall add the pollutant to the list of polluta

specified in paragraph (1) of this subsection for w

modifications are authorized under this subsection. 

“(C) REQUIREMENTII FOR FILING OF PETITIONS.-A petit

for listing of a pollutant under this paragraph- 

“(i) must be filed not later than 270 days after 

date of promulgation of an applicable effluent guide

under section 304; 

“(ii) may be filed before promulgation of such g

line; and 

“(iii) may be filed with an application for a modi

tion under paragraph (1) with respect to the disch

of such pollutant. 

“(D) DEADLINE FOR APPROVAL OF PETITION.-A decision 

add a pollutant to the list of pollutants for which modi

tions under this subsection are authorized must be m

within 270 days after the date of promulgation of an 

plicable effluent guideline under section 304. 
“03) BURDEN OF PRooF.--The bur

the determinations under subparag

petitioner. 

33 USC 1311. 

“6) REMOVAL OF rotLurArrrs.-The 

remove any pollutant from the list 

modifications are authorized under 

Administrator determines that adequat

cient data are no longer available for 

not modifications may be granted with 

under paragraph (21 of this subsection.“

(c) DEADLINE FOR APPROVAL OF MoDrFIC

amended- 

(1) in paragraph (2) by striking out 

lieu thereof “Subject to paragraph (31 

(21 by adding at the end thereof the fo

“(31 GOMPLIANCE REQUIREMENTS UND

“(A) EFFECT OF FILING.-An appli

under subsection (g) and a petition 

as a pollutant for which modificatio

such subsection shall not stay th

person seeking such modification 

effluent limitations under this Act 

subject of such application or petitio

“(Bl EFFECT OF DISAPPROVAL.-

tion for a modification under sub

the requirement that the person s

comply with all applicable effluen

Act. 

“(41 DEADLINE FOR SUBSECTION cg) D

for a modification with respect to a poll

tion (gl must be approved or disapprove

after the date of such filing; except tha

petition for listing such pollutant as 

modifications are authorized under suc

such application must be approved o

than 365 days after the date of app

(d) CONFORMING AMENDMENTS.-(~) Parag

as redesignated by subsection (a) of this 

inserting “LIMITATION ON AUTHORITY TO A

MODIFICATION.-” before “If an owner” an

graph with paragraph (4) of such section, a

of this section. 

(2) Paragraph Paragraph (2) of section section 301(g) (as desdes

of this section) section) is amended amended by realigning realigning susu

(Cl with subparagraph subparagraph (Al of paragraph paragraph (4

33 USC 1311 

note. 

(bl of this section, - - - - 

(e) APPLICATION.- 

(11 GENERAL RULE.-Except as provid

amendments made by this section shal

modifications under section 301(g) of t

tion Control Act pending on the date 

Act and shall not have the effect of 

established in Section 30l(jXlXB) of suc

(2) ExcEPTIoN.--The amendments m

not affect any application for a modific

discharge of ammonia, chlorine, colo

(4AAPl under section 301(g) of the 
en of proof for making 

*aph (B) shall be on the 

3 Administrator may 

f pollutants for which 

ihis subsection if the 

test methods and suftietermining whether or 

spect to such pollutant 

'IONS. -Section 301(j) is 

‘Any” and inserting in 

’ this section, any”; and 

lowing new paragraphs: 

.SUBsECTION C@.- 

ation for a modification 

or listing of a pollutant 

as are authorized under 

! requirement that the 

or listing comply with 

or all pollutants not the 

n. 

rapproval of an applica- 

?&ion (g) shall not stay 

eking such modification 

; limitations under this 

cnXoN.-An application 

itant filed under subsec1 not later than 365 days 

t in an case in which a 

a 

ii 

lktant for which 

t 8u ection is approved, 

- disapproved not later 

oval of such petition.“. 

raph (31 of section 301(g), 

section, is amended by 

)PLY FOR SUBSECTION (C) 

i by aligning such paraadded by subsection (b) 

gnated by subsection (al 

jparagraphs (Al, (Bl, and 

as added by subsection 

ed in paragraph (21, the 

ap ly to all requests for 

ie P ederal Water PolluIf the enactment of this 

extending the deadline 

Act. 

rde by this section shall 

ation with respect to the 

iron, or total phenols 

Gzderal Water Pollution 

Control Act pending on the date of the enactment of this 

except that the Administrator must approve or disapprove 

application not later than 365 days after the date of 

enactment. 

SEC.303.DISCHARGESINTOMARINEWATE=. 

(a) CONSIDERATION 0F OTHER SOURCES OF Por..LurANTS.-S

301(h)(2) is amended by striking out “such modified requirem

will not interfere” and inserting in lieu thereof the following: 

discharge of pollutants in accordance with such modified re

ments will not interfere, alone or in combination with pollu

from other sources,“. 

(~)LIMITATION ON SCOPEOFMONITORING.- 

(1) GENERAL aurz-Section 301(hX31 is amended by ins

before the semicolon at the end thereof the following: “, an

scope of such monitoring is limited to include only thos

entific investigations which are necessary to study the effe

the proposed discharge”. 

(2) LIMITATION ON APPLrcAsmrrv.-The amendment ma

subsection (bl shall only apply to modifications and renew

modifications which are tentatively or finally approved 

the date of the enactment of this Act. 

(c) URBAN AREA PRETREATMENT PRocRAM.-Section 301

amended by redesignating paragraphs (6) and (71, and any refer

thereto, as paragraphs (7) and (81, respectively, and by ins

after paragraph (51 the following new paragraph: 

“(61 in the case of any treatment works serving a popu

of 50,000 or more, with respect to any toxic pollutant introd

into such works by an industrial discharger for which poll

there is no applicable pretreatment requirement in 

sources introducing waste into such works are in comp

with all applicable pretreatment requirements, the app

will enforce such requirements, and the applicant has in e

pretreatment program which, in combination with the 

ment of discharges from such works, removes the same am

of such pollutant as would be removed if such works w

apply secondary treatment to discharges and if such work

no pretreatment program with respect to such pollutant;“. 

(dl PRIMARY'FREATMENTFOREFFLUENT.- 

(11 GENERAL nurx.-Section 301(h) is amended by striking 

the period at the end of paragraph (8) (as redesignate

subsection (cl of this section) and inserting in lieu ther

semicolon and by inserting after such paragraph (81 the f

ing new paragraph: 

“(91 the applicant at the time such modification be

effective will be discharging effluent which has received at 

primary or equivalent treatment and which meets the cr

established under section 304(a)(l) of this Act after 

mixing in the waters surrounding or adjacent to the po

which such effluent is discharged.“. 

(21 PRIMARY OR EQUIVALENT TREATMENT nxnNxn.-Such 

tion is further amended by inserting after the second sen

the following new sentence: “For the purposes of paragrap

‘primary or equivalent treatment’ means treatment by s

ing, sedimentation, and skimming adequate to remove at 

30 percent of the biological oxygen demanding material a
Fish and fishing. 

Wildlife. 

Ante, p. 33. 

Contracts. 

33 USC 1311 

note. 

33 USC 1311. 

the suspended solids in the treatment w

infection, where appropriate.“. 

(e) LIMITATIONS ON I~HJANCE OF Pxmrrs.-S

ther amended by adding at the end there

sentences: “In order for a permit to be issue

for the discharge of a pollutant into marine 

waters must exhibit characteristics assuring 

dilution does not contain significant amou

charged effluent from such treatment wo

under this subsection shall authorize the dis

into saline estuarine waters which at the tim

support a balanced indigenous population 

wildlife, or allow recreation in and on the w

ambient water quality below applicable w

adopted for the protection of public water 

and wildlife or recreational activities or suc

essary to assure support and protection of suc

contained in the preceding sentence shall a

the presence or absence of a causal relat

characteristics and the applicant’s current 

Notwithstanding any other provisions of this 

may be issued under this subsection for disch

the New York Bight Apex consisting of th

Atlantic Ocean westward of 73 degrees 30 

and northward of 40 degrees 10 minutes north 

(f) APPLICATION FOR OCEAN DISCHARGE 

30lCjXlXA) is amended by inserting before th

thereof the following: ‘0 except that a pub

works which prior to December 31: 1982, had 

ment to use a portion of the capacity of an oc

another publicly owned treatment works w

received modification under subsection (h), 

fication of subsection (h) in its own right not 

the date of the enactment of the Water 

(9) GRANDFATHER OF CERTAIN APPLICANT

made by subsections (a), (cl, Cd), and (e) of this 

to an application for a permit under sectio

Water Pollution Control Act which has bee

approved by the Administrator before the d

this Act; except that such amendments shall 

such permits after such date of enactment. 

SEC. 304. FILING DEADLINE FOR TREATMENT 

(a) EXTENSION.-The second sentence 

amended by striking out “of this subsection

thereof “of the Water Quality Act of 1987.“. 

6) APPLICABILITY.-The amendment made 

not apply to those treatment works which 

ance schedule established before the date o

Act by a court order or a final administrative 

SEC. 305. INNOVATIVE TECHNOLOGY COMPLIA

DIRECT DISCHARGERS. 

(a) EXTENSION OF DEADLINE.-Section 301

ing out “July 1,1987,” and inserting in lieu 

the date for compliance with such eMuent 

otherwise be applicable under such subsectio
ks influent, and dis- 

$&on 301(h) is furf the following new 

mder this subsection 

waters, such marine 

;hat water providing 

s of previously dis3. No permit issued 

arge of any pollutant 

of application do not 

f shellfiih, fish and 

ters or which exhibit 

er quality standards 

pplies, shellfmh, fish 

other standards necuses. The prohibition 

11y without regard to 

nship between such 

* roposed discharge. 

Let tion, no permit 

Fe of a pollutant into 

ocean waters of the 

nutes west longitude 

.atitude.“. 

>DIFICATION.-section 

semicolon at the end 

cly owned treatment 

contractual arrangem outfall operated by 

:h has applied for or 

ay apply for a moditer than 30 days after 

ualit Act of 1987”. 

L- Tit e amendments 

e&ion shall not apply 

301(h) of the Federal 

tentatively or finally 

3 of the enactment of 

rply to all renewals of 

TORIIS MODIFICATION. 

section 3Ol(iXl) is 

and inserting in lieu 

y subsection (a) shall 

+ subject to a complihe enactment of this 

fder. 

(CE DEADLINES FOR 

is amended by strik2reof “two years after 

oitation which would 

(b) ExTENsroN To C~WVEN~ONAL PoLtvTANTs.-Section 3018 

amended by inserting “or (bX2XE)” after “(bX2XA)” each plac

appears. 

SEC. 306. FUNDAMENTALLY DIFFERENT FACTORS. 

(a) GENERAL Rum.-Section 301 is amended by adding at the 

the following new subsections: 

“(n) FUNDAMENTALLYDIFFERENT FACTORY.- 

“(1) GENERAL Rum.-The Administrator, with the con

rence of the State, may establish an alternative requirem

under subsection (bX2) or section 307(b) for a facility that m

fies the requirements of national effluent limitation guidel

or categorical pretreatment standards that would otherwise 

applicable to such facility, if the o?er or operator of 

fa&ity demonstrates to the satisfaction of the Administra

- 

“(A) the facility is fundamentally different with res

to the factors (other than cost) specified in section 304(

304(g) and considered by the Administrator in establish

such national effluent limitation guidelines or catego

pretreatment standards; 

“(B) the application- 

“(i) is based solely on information and suppor

data submitted to the Administrator during the 

making for establishment of the applicable natio

effluent limitation guidelines or catego

pretreatment standard specifically raising the fac

that are fundamental1 different for such facility; 

“(ii) is based on in r ormation and supporting 

referred to in clause (i) and information and suppor

data the applicant did not have a reasonable op

tunity to submit during such rulemaking; 

“(0 the alternative requirement is no less stringent t

justified by the fundamental difference; and 

“(D) the alternative requirement will not result in a 

water 

gd 

uality environmental impact which is marke

more a verse than the impact considered by the Adm

trator in establishing such national effluent limitat

guideline or categorical pretreatment standard. 

“(2) TIME LIMIT FOR APPLICATIONS.-AI1 application for 

alternative requirement which modifies the requirements o

effluent limitation or pretreatment standard under this su

tion must be submitted to the Administrator within 180 

after the date on which such limitation or standard is e

lished or revised, as the case may be. 

“(31 TIME LIMIT FOR DEcIsxoN.-The Administrator shall 

prove or deny by final agency action an application subm

under this subsection within 180 days after the date 

application is filed with the Administrator. 

‘(4) SUBMIEBION OF INFORMATION.-The Administrator 

allow an applicant under this subsection to submit informat

and supporting data until the earlier of the date the applica

is approved or denied or the last day that the Administrator 

to approve or deny such application. 

“(5) TREATMENT OF PENDING APPLICATIONS.-For the purpo

of this subsection, an application for an alternative requirem

based on fundamentally different factors which is pending 

91-194 0 - 90 - 3 : QL.3 Part 1 
pu.sc 1311, 

33 USC 1317. 

33 USC 1326. 

33 USC 1311. 

Ante, p. 35. 

33 USC 1342 

note. 

the date of the enactment of this subsect

having been submitted to the Administrat

following such date of enactment. The a

the application to take into account th

subsection. 

“(6) EFFECT OF SUBMISSION OF APPLICA

for an alternative requirement under this 

stay the applicant’s obligation to comp

limitation guideline or categorical pretreat

is the subject of the application. 

“(7) EFFECT OF DENIAL.-If an application 

requirement which modifies the requirem

limitation or pretreatment standard und

denied by the Administrator, the applica

such limitation or standard as established 

may be. 

“(81 REPORTS.-Every 6 months after t

ment of this subsection, the Administrator 

Committee on Environment and Public 

and the Committee on Public Works and 

House of Representatives a report on the 

for alternative requirements which modif

effluent limitations under section 301 or 

national categorical pretreatment standar

of this Act filed before, on, or after suc

“(01 APPLICATION FEE&--The Administrator 

collect from each applicant fees reflecting the 

trative costs incurred in reviewing and proce

modifications submitted to the Administrator 

tions (cl, (g), (i), (k), (ml, and (n) of section 301

section 316(a) of this Act. All amounts colle

trator under this subsection shall be deposited 

the Treasury entitled ‘Water Permits and Re

shall thereafter be available for appropriation 

of the Environmental Protection Agency for 

collected.“. 

(b) &NFORMINC AMENDMENT.-Section 301

ing out “The” and inserting in lieu thereof “O

in subsection (n) of this section, the”. 

(cl PHOSPHATE FERTILIZER EFFLUENT LIMITATIO

(1) ISUANCE OF PERMIT.-As soon as po

the enactment of this Act, but not later th

date of enactment, the Administrator sha

section 402(aXlXB) of the Federal Water 

with respect to facilities- 

(A) which were under construction 

1974, and 

(B) for which the Administrator is 

applicability of the effluent limitatio

section 301(b) of such Act for phosph

fertilizer manufacturing point sourc

such facilities. 

(2) LIMITATIONS ON STATUTORY coNsT

this section shall be construed- 

(A) to require the Administrator to 

of gypsum or gypsum waste into the 
)n shall be treated as 

tor on the 180th day 

pplicant may amend 

.e provisions of this 

ION.-An application 

subsection shall not 

.y with the effluent 

ment standard which 

m for an alternative 

nents of an effluent 

er this subsection is 

nt must comply with 

)r revised, as the case 

Ie date of the enactr shall submit to the 

Works of the Senate 

l’,ransportation of the 

status of applications 

T the requirements of 

04 of this Act or any 

1 under section 307(b) 

I date of enactment. 

shall prescribe and 

reasonable adminisising applications for 

pursuant to subsecsection 304(dX4), and 

‘ted by the Adminisinto a special fund of 

.ated Services’ which 

to carry out activities 

vhich such fees were 

1 is amended by strik- 

;her than as provided 

ON.- 

dble after the date of 

n 180 days after such 

1 issue permits under 

‘ollution Control Act 

on or before April 8, 

:oposing to revise the 

n established under 

te subcategory of the 

category to exclude 

VcnoN.-Nothing in 

permit the discharge 

avigable waters, 

(B) to affect the procedures and standards applicable 

the Administrator in issuing permits under sectio

402(aXlXB) of the Federal Water Pollution Control Act, a

(C) to affect the authority of any State to deny or con

tion certification under section 401 of such Act with respe

gc;he issuance of permits under section 402(aXlXB) of su

SEC. 307. COAL REMINING OPERATIONS. 

Section 301 is amended by adding at the end thereof the followin

“(p) MODIFIED PERMIT FOR C!~AL REMINING OPERATIONS.- 

“( 1) 1N GENERAL.-Subject to paragraphs (2) through (4) of th

subsection, the Administrator, or the State in any case whic

the State has an approved permit program under section 402(

may issue a permit under section 402 which modifies t

requirements of subsection (b)(ZXA) of this section with respe

to the pH level of any preexisting discharge, and with respe

to preexisting discharges of iron and manganese from t

remined area of any coal remining operation or with respect 

the pH level or level of iron or manganese in any preexistin

discharge affected by the remining operation. Such modifi

requirements shall apply the best available technology econo

tally achievable on a case-by-case basis, using best profession

judgment, to set specific numerical effluent limitations in ea

permit. 

“(2) LIMITATIONS.-The Administrator or the State may on

issue a permit pursuant to paragraph (1) if the applicant de

onstrates to the satisfaction of the Administrator or the Sta

as the case may be, that the coal remining operation will res

in the potential for improved water quality from the reminin

operation but in no event shall such a permit allow the pH le

of any discharge, and in no event shall such a permit allow t

discharges of iron and manganese, to exceed the levels be

discharged from the remined area before the coal reminin

operation begins. No discharge from, or affected by, t

remining operation shall exceed State water quality standa

established under section 303 of this Act. 

“(3) DEFINITIONS.-For purposes of this subsection- 

“(A) &AL REMINING OPERATION.-The term ‘c

remining operation’ means a coal mining operation wh

begins after the date of the enactment of this subsection 

a site on which coal mining was conducted before 

effective date of the Surface Mining Control and Reclam

tion Act of 1977. 

“(B) REMINED AREA-The term ‘remined area’ me

only that area of any coal remining operation on which c

mining was conducted before the effective date of the S

face Mining Control and Reclamation Act of 1977. 

“(C) PRE-EXISTING DISCHARGE.-The term ‘preexisting 

charge’ means any discharge at the time of permit appli

tion under this subsection. 

“(4) APPLICABILITY OF STRIP MINING uws.-Nothing in t

subsection shall affect the application of the Surface Minin

Control and Reclamation Act of 1977 to any coal reminin

operation, including the application of such Act to suspende

solids.“. 
33 USC 1316, 

1317. 

33 USC 1342. 

State and local 

governments 

SEC. 308. INDIVIDUAL CONTROL STRATEGIE

33 USC 1314. (a) IN GENERAL.-&?ction 304 is ame

thereof the following new subsection: 

Agriculture and 

agricultural 

commodities. 

Fish and f=hing. 

Wildlife. 

33 USC 1311. 

33 USC 1313. 

“(1) INDIVIDUAL CONTROL STRATECII

“(1) STATE LINT 0~ NAVIGABLE WA

STRATEGIES.-Not later than 2 years 

ment of this subsection, each State s

trator for review, approval, and i

subsection- 

“(A) a list of those waters w

the application of effluent limit

tion 301(bX2) of this Act cannot 

attain or maintain (i) water q

waters reviewed, revised, or a

section 303kX2XB) of this Act, d

that water quality which shall 

health, public water supplies, 

uses, and the protection and 

population of shellfuh, fish an

reational activities in and on the 

“(B) a list of all navigable wat

the State does not expect the 

section 303 of this Act will be 

ments of sections 301(b), 306

entirely or substantially to disch

any toxic pollutants listed pursu

“(C) for each segment of the n

such lists, a determination of 

discharging any such toxic pollu

preventing or impairing such wa

of each such toxic pollutant disc

and 

“(D) for each such segment, an 

which the State determines will 

discharge of toxic pollutants fro

by the State under this paragr

ment of effluent limitations un

and water quality standards u

this Act, which reduction is suff

existing controls on point and no

to achieve the applicable water 

possible, but not later than 3 

establishment of such strategy. 

“(2) APPROVAL OR DIsAPPaovAL.-N

the last day of the 2-year period refe

Administrator shall approve or dis

gies submitted under paragraph (1) b

“(3) ADMINISTRATOR’S ACTION.-If 

trol strategies in accordance with pa

trator does not approve the control s

State in accordance with paragraph 

year after the last day of the period 

the Administrator, in cooperation 

notice and opportunity for public com

requirements of paragraph (1) in suc

tion of such requirements, the Adm
t TOXIC POLLUTANTS. 

,y adding at the end 

roxrc POLLUTANTS.- 

kND DEVELOPMENT OF 

;he date of the enact- 

.bmit to the Adminislent&ion under this 

he State which after 

1 required under secably be anticipated to 

standards for such 

in accordance with 

oxic pollutants, or (ii) 

! protection of public 

ltural and industrial 

ration of a balanced 

zllife, and allow rec- 

. . 

,’ 

such State for which 

able standard under 

ed after the require307(b) are met, due 

from point sources of 

section 307(a); 

le waters included on 

pecific point sources 

hich is believed to be 

ality and the amount 

i by each such source; 

idual control strategy 

.ce a reduction in the 

.nt sources identified 

trough the establishction 402 of this Act 

&ion 303(c)(2)@) of 

in combination with 

t sources of pollution, 

r standard as soon as 

tir the date of the 

!r than 120 days after 

in paragraph (l), the 

.e the control stratestate. 

3 fails to submit conjh (1) or the Adminis- 

;ea submitted by such 

len, not later than 1 

d to in paragraph (2), 

uch State and after 

shall implement the 

‘3. In the implementa- 

&or shall, at a mini

mum, consider for listing under this subsection any navigab

waters for which any person submits a petition to the Admin

trator for listing not later than 120 days after such last day.“

(~)JUDICIALREVIEW.-S~C~~~~ 509(l$o()isamended- 

(1) by striking out “and (F)” and inserting in lieu there

“(F)“; and 

(2) by inserting after “any permit under section 402,” t

following: “and (G) in promulgating any individual cont

strategy under section 304(l),“. 

(c) GUIDANCE TO STATES; INFORMATION ON WATER QUALITY C

TERIA FOR ToxIcs.-Section 304(a) is amended by adding at the e

the following new paragraphs: 

“(7) GUIDANCE TO STATE&-The Administrator, after consu

tion with appropriate State agencies and on the basis of criter

and information published under paragraphs (1) and (2) of t

subsection, shall develop and publish, within 9 months after t

date of the enactment of the Water Quality Act of 1987, gu

ance to the States on performing the identification required 

section 304(1X1) of this Act. 

“(8) INFORMATIONONWATERQUALITYCRITERIA.--The Admin

trator, after consultation with appropriate State agencies a

within 2 years after the date of the enactment of the Wa

Quality Act of 1987, shall develop and publish information 

methods for establishing and measuring water quality criter

for toxic pollutants on other bases than pollutant-by-pollut

ant criteria, including biological monitoring and assessm

methods.“. - 

(d) WATER QUALITY CRITERIA FOR TOXIC POLLUTANTS.-Sec

303(c)(2) is amended by inserting “(A)” after “(2)” and by adding t

following new subparagraph: - 

“(B) Whenever a State reviews water quality standards pursua

to paragraph (1) of this subsection, or revises or adopts new sta

ards pursuant to this paragraph, such State shall adopt criteria 

all toxic pollutants listed pursuant. to section 307(a)(l) of this Act 

which criteria have been published under section 304(a), the d

charge or presence of which in the affected waters could reasona

be expected to interfere with those designated uses adopted by t

State, as necessary to support such designated uses. Such criter

shall be specific numerical criteria for such toxic pollutants. Whe

such numerical criteria are not available, whenever a State revie

water quality standards pursuant to paragraph (l), or revises 

adopts new standards pursuant to this paragraph, such State sh

adopt criteria based on biological monitoring or assessment metho

consistent with information published pursuant to section 304(a

Nothing in this section shall be construed to limit or delay the use 

effluent limitations or other permit conditions based on or involvin

biologiCa monitoring or assessment methods or previously adop

numerical criteria.“. 

(e) MODIFICATIONSOFEFFLUENTLIMITATIONS.- 

(1) IN GENERAL.-&&ion 302(b) is amended to read as follow

“(~)MODI~CA~ONSOFEF~UENTLIM~~ATIONS.- 

“(1) NOTICE AND HEARING.-Prior to establishment of a

effluent. limitation pursuant to subsection (a) of this section, 

Administrator shall publish such proposed limitation a

within 90 days of such publication hold a public hearing. 

“(2) PERMITS.- 
33 USC 1316. 

(A) No REASONABLE RELATION

with the concurrence of the Sta

which modifies the effluent limitati

tion (a) of this section for pollutants 

ants if the applicant demonstrate

(whether or not technology or o

strategies are available) there is no 

between the economic and social co

obtained (including attainment of 

from achieving such limitation. 

33 USC 1311. 

33 USC 1312. 

Ante, p. 38. 

Federal 

Regste’! 

publication. 

“(B) REASONABLE PROGRESS.-T

concurrence of the State, may iss

fies the effluent limitations requi

this section for toxic pollutants fo

exceed 5 years if the applicant dem

tion of the Administrator that suc

(i) will represent the maximum deg

economic capability of the owne

source, and (ii) will result in reas

beyond the requirements of sect

requirements of subsection (a) of th

(2) CONFORMING AMENDMENTS.-Se

(A) by inserting “or as identifie

after “in the judgment of the Admin

(B) by inserting “public health,

(fl SCHEDULE FOR REVIEW OF GuIDELINEs

by adding at the end the following new subs

“(m) SCHEDULE FOR REVIEW OF GUIDELIN

“(1) PUBLICATION.-Within 12 month

enactment of the Water Quality Act 

thereafter, the Administrator shall pub

ister a plan which shall- 

“(A) establish a schedule for the 

sion of promulgated effluent guide

subsection (b) of this section; 

“(B) identify categories of sour

nonconventional pollutants for w

subsection (bX2) of this section a

previously been published; and 

33 USC 1375 

note. 

“(Cl establish a schedule for p

guidelines for categories identified 

under which promulgation of suc

later than 4 years after such dat

egories identified in the first publis

the publication of the plan for cate

published plans. 

“(2) PUBLIC REVIEW.-The Administ

public review and comment on th

publication.“. 

(g) WATER QUALITY IMPROVEMENT STUDY.- 

(1) STunY.-The Administrator shall 

improvements which have been achiev

available technology economically ach

tion 3OUbX2) of the Federal Water Pol

study shall include, but not be limited 

effectiveness of the application of be

economically achievable pursuant to s
The Administrator, 

nay issue a permit 

required by subsecer than toxic pollutI such hearing that 

alternative control 

sonable relationship 

nd the benefits to be 

objective of this Act) 

ninistrator, with the 

permit which modiby subsection (a) of 

single period not to 

rates to the satisfacdified requirements 

>f control within the 

nd operator of the 

3le further progress 

IOl(bX2) toward the 

ction.“. 

302(a) is amendednder section 304(l)” 

.ator”; and 

‘ter “protection of ‘. 

:tion 304 is amended 

In: 

fter the date of the 

987, and biennially 

in the Federal Regual review and revi- 

, in accordance with 

&charging toxic or 

h guidelines under 

&ion 306 have not 

ulgation of effluent 

L subparagraph (B), 

idelines shall be no 

enactment for catplan or 3 years after 

3 identified in later 

r shall provide for 

lan prior to final 

!y the water quality 

y application of best 

)le pursuant to secn Control Act. Such 

an analysis of the 

‘vailable technology 

section in attaining 

applicable water quality standards (including the standa

specified in section 302(a) of such Act) and an analysis of t

effectiveness of the water quality program under such Act a

methods of improving such program, including site spec

levels of treatment which will achieve the water quality goals 

such Act. 

(2) REPORT.-Not later than 2 years after the date of t

enactment of this Act, the Administrator shall submit a rep

on the results of the study conducted under subsection 

together with recommendations for improving the water qual

program and its effectiveness to the Committee on Public Wo

and Transportation of the House of Representatives and t

Committee on Environment and Public Works of the Sena

SEC. 309. PRETREATMENT STANDARDS. 

(a) EXTENSION OF CGMPLIANCE DATE BY POTW.-Section 307 

amended by adding at the end the following: 

‘Ye) CGMPLIANCE DATE EXTENSION FOR INNOVATIVE PRETREATM

SYSTEMS.-In the case of any existing facility that proposes 

comply with the pretreatment standards of subsection (b) of t

section by applying an innovative system that meets the requi

ments of section 301(k) of this Act, the owner or operator of t

publicly owned treatment works receiving the treated effluent fro

such facility may extend the date for compliance with the applicab

pretreatment standard established under this section for a per

not to exceed 2 years

“(1) if the Administrator determines that the innovativ

system has the potential for industrywide application, and 

“(2) if the Administrator (or the State in consultation with 

Administrator, in any case in which the State has 

pretreatment program approved by the Administratorl- 

“(A) determines that the proposed extension will 

cause the publicly owned treatment works to be in violatio

of its permit under section 402 or of section 405 or 

contribute to such a violation, and 

“(Bl concurs with the proposed extension.“. 

(b) INCREASE IN EPA EMPLOYEES.-The Administrator shall ta

such actions as may be necessary to increase the number of e

ployees of the Environmental Protection Agency in order to eff

tively implement pretreatment requirements under section 30’

the Federal Water Pollution Control Act. 

SEC. 310. INSPECTION AND ENTRY. 

(al UNAUTHORIZEDISCLOSURE.- 

(1) IN GENERAL.-%&ion 308(b) is amended by striking out 

that follows “Code” and inserting in lieu thereof a period a

the following: “Any authorized representative of the Admin

trator (including an authorized contractor acting as a represe

ative of the Administrator) who knowingly or willfully p

lishes, divulges, discloses, or makes known in any manner o

any extent not authorized by law an information which 

required to be considered contidentia f under this subsect

shall be fined not more than $1,000 or imprisoned not m

than 1 year., or both. Nothing in this. subsection shall prohi

the Administrator or an authorized representative of 

Administrator (including any authorized contractor acting a

representative of the Administrator) from disclosing reco
33 USC 1318. 

reports, or information to other officers, 

thorized representatives of the United Sta

carrying out this Act or when relevant in an

this Act.“. 

(2) CoNFORMING AMENDMENT.-Section 3

by inserting “(including an authorized con

representative of the Administrator)” after 

representative”. 

(bl Access BY tiNcREss.-Section 308 is amend

end the following new subsection: 

“(dl ACCESS BY coNCREss.-Notwithstanding 

tained in this section or any other provision of 

reported to or otherwise obtained by the Adm

representative of the Administrator) under this 

available, upon written request of any duly auth

Congress, to such committee.“. 

SEC. 311. MARINE SANITATION DEVICES. 

33 USC 1322. (al STATE REGULATION OF HOUSEBOATS.-Sect

ed by striking out “After” and inserting in lieu 

as provided in subparagraph (B), after” and by 

thereof the following: 

“(Bl A State may adopt and enforce a statute 

respect to the design, manufacture, or installat

marine sanitation device on a houseboat, if suc

tion is more stringent than the standards and 

gated under this section. For purposes of this p

‘houseboat’ means a vessel which, for a period of 

the State in which the vessel is located, is u

residence and is not used primarily as a means 

(b) STATE ENFORCEMENT.-Section 312(k) is am

the end the following: “The provisions of this 

enforced by a State.“. 

SEC. 312. CRIMINAL PENALTIES. 

33 USC 1319. Section 309(c) is amended to read as follows: 

“(cl CRIMINAL PENALTIES.- 

State and local 

~~~er~ment..s. 

1311,1312, 

1316-1318,1328, 

1345. 

33 USC 1342. 

33 USC 1344. 

Hazardous 

materials. 

State and local 

governments. 

“(1) NEGLIGENT vIoI..AnoNs.-Any person w

“(A) negligently violates section 301

318, or 405 of this Act, or any permit co

implementing any of such sections in a 

section 402 of this Act by the Administr

or any requirement imposed in a pre

approved under section 402(aX3) or 402&

a permit issued under section 404 of t

retary of the Army or by a State; or 

“(Bl negligently introduces into a sew

publicly owned treatment works any po

substance which such person knew or 

have known could cause personal 

damage or, other than in compliance 

Federal, State, or local requirements 

causes such treatment works to violate 

tion or condition in any permit issue

works under section 402 of this Act by t

a State; 
employees, or auttes concerned with 

ly proceeding under 

38(a)(B) is amended 

tractor acting as a 

“or his authorized 

led by adding at the 

any limitation conaw, all information 

ninistrator (or any 

Act shall be made 

or&d committee of 

1312(0(l) is amendthereof “(A) Except 

adding at the end 

or regulation with 

tion or use of any 

i statute or regulaegulations promulrragraph, the term 

ime determined by 

:ed primarily as a 

)f transportation.“. 

mded by adding at 

&ion may also be 

!07306 307 308 

lit& or iimi$tion 

n-mit issued under 

Itor or by a State, 

.eatment program 

8) of this Act or in 

s Act by the Secr system or into a 

!tant or hazardous 

*easonably should 

ury or property 

ith all applicable 

r permits, which 

iy effluent limitato the treatment 

Administrator or 

shall be punished by a fine of not less than $2,500 nor more th

$25,000 per day of violation, or by imprisonment for not mo

than 1 year, or by both. If a conviction of a person is for 

violation committed after a first conviction of such pers

under this paragraph, punishment shall be by a fine of not mo

than $50,000 per day of violation, or by imprisonment of n

more than 2 years, or by both. 

“(2) KNOWING VIOLATIONS.-Any person who- 

“(A) knowingly violates section 301, 302, 306, 307, 3

318, or 405 of this Act, or any permit condition or limitatio

implementing any of such sections in a permit issued und

section 402 of this Act by the Administrator or by a Sta

or any requirement imposed in a pretreatment progra

approved under section 402(a)(3) or 402(b)(8) of this Act or 

a permit issued under section 404 of this Act by the S

retary of the Army or by a State; or 

“(B) knowingly introduces into a sewer system or into 

publicly owned treatment works any pollutant or hazardo

substance which such person knew or reasonably sho

have known could cause personal injury or prope

damage or, other than in compliance with all applicab

Federal, State, or local requirements or permits, whi

causes such treatment works to violate any effluent limit

tion or condition in a permit issued to the treatment wo

under section 402 of this Act by the Administrator o

State; 

shall be punished by a fine of not less than $5,000 nor more th

$50,000 per day of violation, or by imprisonment for not m

than 3 years, or by both. If a conviction of a person is fo

violation committed after a first conviction of such pers

under this paragraph, punishment shall be by a fine of not m

than $100,000 per day of violation, or by imprisonment of 

more than 6 years, or by both. 

“(31 KNOWING ENDANGERMENT.- 

“(A) GENERAL RULE.-Any person who knowingly violat

section 301, 302, 303,306, 307, 308,318: or 405 of this Act, 

any permit condition or limitation implementing any 

such sections in a permit issued under section 402 of t

Act by the Administrator or by a State, or in a perm

issued under section 404 of this Act by the Secretary of 

Army or by a State, and who knows at that time that 

thereby places another person in imminent danger of de

or serious bodily injury, shall, upon conviction, be subjec

a tine of not more than $250,000 or imprisonment of 

more than 15 years, or both. A person which is an organi

tion shall, upon conviction of violating this subparagrap

be subject to a fine of not more than $l,OOO,OOOIf 

conviction of a person is for a violation committed afte

first conviction of such person under this paragraph, 

maximum punishment shall be doubled with respect 

both fine and imprisonment. 

“(B) ADDITIONAL PROVISIONS.-For the purpose 

subparagraph (Al of this paragraph- 

“(i) in determining whether a defendant who is 

individual knew that his conduct placed another pers

in imminent danger of death or serious bodily injury
() p

awareness or actual be

“(II) knowledge posse

the defendant but not 

may not be attributed to 

except that in proving the 

actual knowledge, circumst

used, including evidence 

affirmative steps to shield 

information; 

“(ii) it is an affirmative d

the conduct charged was c

endangered and that the da

were reasonably foreseeable 

“(1) an occupation, a b

“(11) medical treatmen

experimentation conduc

proved methods and su

made aware of the risk

consent; 

and such defense may b

subparagraph by a preponder

“(iii) the term ‘organizatio

other than a government, e

any purpose, and such term 

company, association, firm, 

company, foundation., institut

or any other association of p

“(iv) the term ‘serious bo

injury which involves a s

unconsciousness, extreme 

and obvious disfigurement, o

ment of the function of a 

mental faculty. 

“(4) FAISE STATEMENTS.-Any pers

any false material statement, represe

any application, record, report, plan, 

required to be maintained under th

falsifies, tampers with, or renders 

device or method required to be m

shall upon conviction, be punished 

$10,000, or by imprisonment for not 

both. If a conviction of a person is 

after a first conviction of such pers

punishment shall be by a fine of not 

;fo;olation, or by imprisonment of n

33 USC 1362. 

“(5) TREATMENT OF SINGLE OPERAT

of this subsection, a single operatio

simultaneous violations of more than 

shall be treated as a single violation. 

“(6) RESPONSIBLE CORPORATE OFF

purpose of this subsection, the term 

to the definition contained in secti

responsible corporate officer. 

“(7) HAZARDOUS SUBSTANCE DEFINE

subsection, the term ‘hazardous sub
y 

at he possessed; and 

.a 

8” 

rson other than 

e efendant himseif 

efendant; 

idant’s possession of 

1 evidence may be 

the defendant took 

iself from relevant 

: to prosecution that 

ed to by the person 

and conduct charged 

3s ofjs, or a profession; or 

medical or scientific 

by professionally apler person had been 

lived prior to giving 

ablished under this 

of the evidence; 

leans a legal entity, 

;hed or organized for 

ludes a corporation, 

.nership, joint stock 

trust, society, union, 

; and 

njury’ means bodily 

ntial risk of death, 

al pain, protracted 

ratted loss or impair- 

’ member, organ, or 

ho knowingly makes 

m, or certification in 

rer document filed or 

:t or who knowingly 

rate any monitoring 

.ned under this Act, 

ne of not more than 

than 2 years, or by 

violation committed 

rder this paragraph, 

than $20,000 per day 

-e than 4 years, or by 

grssr.-For purposes 

upset which leads to 

pollutant parameter 

s ‘PERSON’.-For the 

n’ means, in addition 

Z(5) of this Act, any 

)r the purpose of this 

’ means (A) any sub 

stance designated pursuant to section 311(b)(2)(A) of this Act

any element, compound, mixture, solution, or substance 

ignated pursuant to section 102 of the Comprehensive Envir

mental Response, Compensation, and Liability Act of 1980

any hazardous waste having the characteristics identified un

or listed pursuant to section 3001 of the Solid Waste Disp

Act (but not including an 

the Solid Waste Disposa i 

waste the regulation of which un

Act has been suspended by Ac

Congress), (D) any toxic pollutant listed under section 307(

this Act, and (E! any imminently hazardous chemical substa

or mixture with respect to which the Administrator has ta

action pursuant to section 7 of the Toxic Substances Con

Act.“. 

SEC. 313. CIVIL PENALTIES. 

(a) VIOLATIONS OF PRETREATMENT REQUIREMENTS.- 

(1) GENERAL auras.-Section 309(d) is amended by insert

“, or any requirement imposed in a pretreatment program 

proved under section 402(a)(3) or 402(b)(8) of this Act,” a

“section 404 of this Act by a State,“. 

(2) SAVINGS PROVISION.-NO State shall be required be

July 1,1988, to modify a permit program approved or submit

under section 402 of the Federal Water Pollution Control Ac

a result of the amendment made by paragraph (1). 

(b) INCREASED PENALTY.- 

(1) GENERAL RULE.-SeCtiOn 309(d) is amended by striking 

“$10,000 per day of such violation” and inserting in lieu the

“$25,000 per day for each violation”. 

(2) INCREASED PENALTIES NOT REQUIRED UNDER STATE 

GRAMS.-The Federal Water Pollution Control Act shall no

construed as requiring a State to have a civil penalty 

violations described in section 309(d) of such Act which has 

same monetary amount as the civil penalty established by 

section, as amended b paragraph (1). Nothing in this p

graph shall affect the x dministrator’s authority to establish 

adjust by regulation a minimum acceptable State civil pena

(c) FACTORY To CONSIDER IN DETERMINING PENALTY AMOUN

Section 309(d) is amended by adding at the end thereof the followi

“In determining the amount of a civil penalty the court s

consider the seriousness of the violation or violations, the econo

benefit (if any) resulting from the violation, any history of 

violations, any good-faith efforts to comply with the applica

requirements, the economic impact of the penalty on the viola

and such other matters as justice may require. For purposes of 

subsection, a single operational upset which leads to simultaneo

violations of more than one pollutant parameter shall be treated 

a single violation.“. 

(d) VIOLATIONS OF SECTION 404 PERhsrrs.-Section 404(s

amended- 

(1) by striking out paragraph (4); 

(2) by redesignating paragraph (5) as paragraph (4); and 

(3) in paragraph (4), as so redesignated- 

(A) by striking out “$10,000 per day of such violatio

and inserting in lieu thereof ‘$25,000 per day for 

violation”; - 

(B) by adding at the end thereof the following: “In d

mining the amount of a civil penalty the court shall 
33 USC 1319. 

33 USC 1311, 

1312, 1316, 1317, 

1318, 1328, 1345. 

33 USC 1342. 

33 USC 1344. 

economic benefit (if any) resulting fr

history of such violations, any good-f

with the applicable requirements, th

the penalty on the violator, and s

justice may require.“. 

SEC. 311. ADMINISTRATIVE PENALTIES. 

(al GENERAL RULE.-Section 309 is amended 

thereof the following: 

“(g) ADMINISTRATIVE PENALTIES.- 

“(1) VIOLATIONS.-Whenever on the ba

available- 

“(A) the Administrator finds that a

section 301, 302, 306, 307, 308, 318, or 

violated any permit condition or lim

any of such sections in a permit issue

this Act by the Administrator or by 

issued under section 404 by a State, o

“(B) the Secretary of the Army 

subsection referred to as the ‘Secre

person has violated any permit condit

permit issued under section 404 

Secretary, 

the Administrator or Secretary, as the ca

consultation with the State in which the v

a class I civil penalty or a class II civ

subsection. 

“(2) CLASSES OF PENALTIES.- 

“(Al CLASS L-The amount of a clas

paragraph (1) may not exceed $10,00

that the maximum amount of any 

under this subparagraph shall not e

issuing an order assessing a civil 

subparagraph, the Administrator or 

case may be, shall give to the perso

penalty written notice of the Administr

proposal to issue such order and the o

within 30 days of the date the notic

person, a hearing on the proposed ord

not be subject to section 554 or 556 o

Code, but shall provide a reasonab

heard and to present evidence. 

“(B) CLASS n-The amount of a 

under paragraph (11 may not exceed 

each day during which the violation 

the maximum amount of any class 

this subparagraph shall not exceed 

otherwise provided in this subsection, 

shall be assessed and collected in th

subject to the same provisions, as in 

alties assessed and collected after n

for a hearing on the record in accord

of title 5, United States Code. The A

Secretary may issue rules for discovery 

ings under this subparagraph. 
oatos, te 

?e violation, any 

#forts to comply 

nomic impact of 

,ther matters as 

dding at the end 

any information 

rson has violated 

f this Act, or has 

)n implementing 

ler section 402 of 

e, or in a permit 

einafter in this 

I, finds that any 

)r limitation in a 

6s Act by the 

ay be, may, after 

on occurs, assess 

laity under this 

fil penalty under 

violation, except 

i I civil penalty 

1 $25,000. Before 

alty under this 

jecretary, as the 

be assessed such 

r’s or Secretary’s 

unity to request, 

eceived by such 

lch hearing shall 

5, United States 

portunity to be 

II civil penalty 

000 per day for 

mes; except that 

11 penalty under 

i,OOO. Except as 

is II civil penalty 

ne manner, and 

:ase of civil penand opportunity 

with section 554 

istrator and the 

cedures for hear

“(3) DETERMINING AMOUNT.-In determining the amoun

any penalty assessed under this subsection, the Administrat

or the Secretary, as the case may be, shall take into account 

nature, circumstances, extent and gravity of the violation, 

violations, and, with respect to the violator, ability to pay, 

prior history of such violations, the degree of culpability, 

nomic benefit or savings (if any) resulting from the violati

and such other matters as justice may require. For purpose

this subsection, a single operational upset which leads t

multaneous violations of more than one pollutant parame

shall be treated as a single violation. 

“(4) RIGHTS OF INTERESTED PERSONS.- 

“(A) PUBLIC NOTICE.-Before issuing an order assessi

civil penalty under this subsection the Administrator 

Secretary, as the case may be, shall provide public notic

and reasonable opportunity to comment on the propo

issuance of such order. 

“(B) PRESENTATION OF EVIDENCE.-Any person who 

ments on a proposed assessment of a penalty under 

subsection shall be given notice of any hearing held u

this subsection and of the order assessing such penalty. 

any hearing held under this subsection, such person s

have a reasonable opportunity to be heard and to pre

evidence. 

“(0 RIGHTS 0~ INTERESTED PERSONS ~0 A nEAEiN0.-If 

hearing is held under paragraph (2) before issuance o

order assessing a penalty under this subsection, any pe

who commented on the proposed assessment may petit

within 30 days after the issuance of such order, 

Administrator or Secretary, as the case may be, to set a

such order and to provide a hearing on the penalty. If 

evidence presented by the petitioner in support of 

petition is material and was not considered in the issua

of the order, the Administrator or Secretary shall im

diately set aside such order and provide a hearing in acc

ance with paragraph (2XA) in the case of a class I 

penalty and paragraph (2XB) in the case of a class II 

penalty. If the Administrator or Secretary denies a hea

under this subparagraph, the Administrator or Secre

shall provide to the petitioner, and publish in the Fed

Register, notice of and the reasons for such denial. 

“(5) FINALITY OF ORDER.-An order issued under this sub

tion shall become final 30 days after its issuance unles

petition for judicial review is filed under paragraph (8) 

hearing is requested under paragraph (4XC). If such a hearin

denied, such order shall become final 30 days after such de

“(6) EFFECT OF ORDER.- 

“(A) LIMITATION ON ACTIONS UNDER OTHER SECTIO

Action taken by the Administrator or the Secretary, a

case may be, under this subsection shall not affect or 

the Administrator’s or Secretary’s authority to enforce 

provision of this Act; except that any violation- 

“(i) with respect to which the Administrator or 

Secretary has commenced and is diligently prosecu

an action under this subsection, 
State and local 

governments. 

;;63USC 1321, 

Records. 

“(ii) with respect to which a Sta

and is diligently prosecuting an ac

law comparable to this subsection, or 

“(iii) for which the Administrator, 

the State has issued a final order no

judicial review and the violator h

assessed under this subsection, or 

State law, as the case may be, 

shall not be the subject of a civil pen

subsection (d) of this section or section 3

of this Act. 

“(B) APPLICABILITY OF LIMITATION WIT

ZEN surrs-The limitations contained in 

on civil penalty actions under section 5

not apply with respect to any violation fo

“(i) a civil action under section 5

has been filed prior to commencem

under this subsection, or 

33 USC 1342, 

1344. 

“(ii) notice of an alleged violation 

of this Act has been given in accord

505(b)(l)(A) prior to commencement 

this subsection and an action unde

with respect to such alleged violation 

120th day after the date on which s

“(7) EFFECT OF ACTION ON COMPLIANCE.-

Administrator or the Secretary under this 

affect any person’s obligation to comply with 

Act or with the terms and conditions of 

pursuant to section 402 or 404 of this Act. 

“(81 JUDICIAL REVIEW.-Any person against 

alty is assessed under this subsection or who 

proposed assessment of such penalty in acco

graph (41 may obtain review of such assessme

“(A) in the case of assessment of a clas

the United States District Court for the 

bia or in the district in which the viola

have occurred, or 

“(B) in the case of assessment of a class 

United States Court of Appeals for the D

Circuit or for any other circuit in which 

or transacts business, 

by filing a notice of appeal in such court 

period beginning on the date the civil pena

and by simultaneously sending a copy of such 

mail to the Administrator or the Secretary, 

and the Attorney General. The Administrator 

shall promptly file in such court a certified co

which the order was issued. Such court sha

remand such order unless there is not subs

the record, taken as a whole? to support 

violation or unless the Admimstrators or 

ment of the penalty constitutes an abuse of d

not impose additional civil penalties for t

unless the Administrator’s or Secretary’s 

penalty constitutes an abuse of discretion. 

“(9) CoLLEcrroN.-If any person fails to pa

a civil penalty- 
te has commenced 

tion under a State 

r, the Secretary, or 

It subject to further 

las paid a penalty 

. such comparable 

laity action under 

11(b) or section 505 

FH RESPECT To CITI1 subparagraph (A) 

05 of this Act shall 

jr which- 

,05(aKl) of this Act 

ment of an action 

of section 505(a)(l) 

dance with section 

bf an action under 

er section 505(a)(l) 

n is filed before the 

uch notice is given. 

-No action by the 

s subsection shall 

any section of this 

any permit issued 

: whom a civil pencommented on the 

x-dance with parant23 I civil penalty, in 

District of Columation is alleged to 

; II civil penalty, in 

Mrict of Columbia 

such person resides 

within the 30day 

Ity order is issued 

notice by certified 

ts the case may be, 

)r or the Secretary 

py of the record on 

11 not set aside or 

antial evidence in 

the finding of a 

Secretary’s assessiscretion and shall 

he same violation 

assessment of the 

Y an assessment of 

“(A) after the order making the assessment has bec

final, or 

“(B) after a court in an action brought under paragr

(8) has entered a final judgment in favor of the Admi

trator or the Secretary, as the case may be, 

the Administrator or the Secretary shall request the Attorn

General to bring a civil action in an appropriate district cou

recover the amount assessed (plus interest at currently prev

ing rates from the date of the final order or the date of the 

judgment, as the case may be). In such an action, the valid

amount, and appropriateness of such penalty shall not be 

ject to review. Any person who fails to pay on a timely basis 

amount of an assessment of a civil penalty as described in 

first sentence of this paragraph shall be required to pay

addition to such amount and interest, attorneys fees and c

for collection proceedings and a quarterly nonpayment pen

for each quarter during which such failure to pay persists. S

nonpayment penalty shall be in an amount equal to 20 per

of the aggregate amount of such persons penalties 

nonpayment penalties which are unpaid as of the beginning 

such quarter.- 

“(10) SUBPOENAS.-The Administrator or Secretary, as 

case may be, may issue subpoenas for the attendance 

testimony of witnesses and the production of relevant pap

books, or documents in connection with hearings under 

subsection. In case of contumacy or refusal to obey a subpo

issued pursuant to this paragraph and served upon any per

the district court of the United States for any district in w

such person is found, resides, or transacts business, upon 

plication by the United States and after notice to such per

shall have jurisdiction to issue an order requiring such pe

to appear and give testimony before the administrative 

judge or to appear and produce documents before the adm

trative law judge, or both, and any failure to obey such orde

the court may be punished by such court as a contempt ther

“(11) PROTECTION OF EXISTING PROCEDURES.-Nothing in 

subsection shall change the procedures existing on the 

before the date of the enactment of the Water Quality Ac

1987 under other subsections of this section for issuance 

enforcement of orders by the Administrator.“. 

(b) REPORTSONENFORCEMENTMECHANISMS. -The Secretary o

Army and the Administrator shall each prepare and submit a re

to the Congress, not later than December 1, 1988, which s

examine and analyze various enforcement mechanisms for us

the Secretary or Administrator, as the case may be, including 

administrative civil penalty mechanism. Each of such reports 

also include an examination, prepared in consultation with 

Comptroller General! of the efficacy of the Secretary’s or 

Administrator’s existing enforcement authorities and shall inc

recommendations for improvements in their operation. 

(c) CONFORMING AMENDMENT.-SeCtiOn 505(a) is amended 

inserting “and section 309(g)(6)” after “Except as provided in su

tion (b) of this section”. 

SEC. 315. CLEAN LAKES. 

(a) ESTABLISHMENT AND SCOPE OF PROGRAM.-Section 314(a

amended to read as follows: 
“(a) ESTABLISHMENT AND SCOPE OF PROGRAM

“(1) STATE PROGRAM REQUIREMENTS.-Ea

basis shall prepare and submit to the 

approval- 

“(A) an identification and class

eutrophic condition of all publicly 

State; 

“(B) a description of procedures, p

(including land use requirements), 

pollution of such lakes; 

“(Cl a description of methods and 

tion with appropriate Federal agencie

ity of such lakes; 

“(D) methods and procedures to 

effects of high acidity, including i

neutralizing and restoring buffering 

methods of removing from lakes to

toxic substances mobilized by high ac

“(E) a list and description of those p

such State for which uses are known 

ing those lakes which are known n

water quality standards or which re

of control programs to maintain comp

standards and those lakes in which 

teriorated as a result of high acidity t

due to acid deposition; and 

“(F) an assessment of the status 

quality in lakes in such State, includi

the nature and extent of pollution l

nonpoint sources and the extent to w

impaired as a result of such pollutio

respect to toxic pollution. 

33 USC 1315. 

State and local 

governments. 

L;rants. 

“(2) SUBMISSION AS PART OF 3o5(bXl) 

tion required under paragraph (1) sha

report required under section 305i.bXl) 

with the report required under such se

“(3) REPORT OF ADMINISTRATOR. -Not la

receipt from the States of the biennial 

under paragraph (11, the Administrator 

Committee on Public Works and Transpor

Representatives and the Committee on E

Works of the Senate a report on the stat

lakes in the United States, including th

methods and procedures described in para

“(4) ELIGIBILITY REQUIREMENT.-Beginnin

a State must have submitted the inform

paragraph (1) in order to receive grant 

section.“. 

33 USC 1324. (b) DEMONSTRATION PRocRAM.-Section 314 

at the end thereof the following new subsectio

“(d) DEMONSTRATION PROGRAM.- 

“( 1) GENERAL REQUIREMENTS.-The 

thorized and directed to establish and 

throughout the Nation a lake water 

m. 1 **r . . program. ‘Ine program snan, at a muumum
State on a biennial 

ninistrator for his 

ltion according to 

ned lakes in such 

zsses, and methods 

control sources of 

edures, in conjunc- 

;o restore the qualigate the harmful 

vative methods of 

jacity of lakes and 

metals and other 

r’; 

icly owned lakes in 

e impaired, includto meet applicable 

re implementation 

nce with applicable 

ter quality has demay reasonably be 

d trends of water 

but not limited to, 

ng from point and 

I the use of lakes is 

particularly with 

)aT.-The informae included in the 

his Act, beginning 

1 by April 1, 1988. 

than 180 days after 

brmation required 

hall submit to the 

ion of the House of 

onment and Public 

of water quality in 

,ffectiveness of the 

ph (ND). 

after April 1, 1988, 

on required under 

.istance under this 

imended by adding 

ninistrator is aunduct at locations 

lity demonstration 

“(A) develop cost effective technologies for the cont

pollutants to preserve or enhance lake water quality 

optimizing multiple lakes uses; 

“(B) control nonpoint sources of pollution which 

contributing to the degradation of water quality in 

“(0 evaluate the feasibility of implementing re

consolidated pollution control strategies; 

“(D) demonstrate environmentally preferred techn

for the removal and disposal of contaminated 

sediments; 

“(El develop improved methods for the removal o

stumps, aquatic growth, and other obstructions 

impair the quality of lakes; 

“(F) construct and evaluate silt traps and other devi

equipment to prevent or abate the deposit of sedime

lakes; and 

“(G) demonstrate the costs and benef?ts of uti

Erged material from lakes m the reclamation of des

“(2) GEOGRAPI&AI. REQUIREMENTS.-Demonstration pr

authorized by this subsection shall be undertaken to ref

variety of geographical and environmental conditions. 

priority, the Administrator shall undertake demonstr

projects at Lake Houston, Texas; Beaver Lake, Arka

Greenwood Lake and Belcher Creek, New Jersey; Deal 

New Jersey; Alcyon Lake, New Jersey; Gorton’s Pond, 

Island; Lake Washington, Rhode Island; Lake Bomoseen

mont; Sauk Lake, Minnesota; and Lake Worth, Texas. 

“(3) REPORTS.-The Administrator shall report annual

the Committee on Public Works and Transportation 

House of Representatives and the Committee on Environm

and Public Works of the Senate on work undertaken pur

to this subsection. Upon completion of the program autho

by this subsection, the Administrator shall submit to 

committees a final report on the results of such program, 

with recommendations for further measures to improve 

water quality of the Nation’s lakes. 

“(4) AUTHORIZATION OF APPROPRIATIONS.- 

“(A) IN GENERAL.-There is authorized to he appropria

to carry out this subsection not to exceed $40,000,0

fiscal ears beginning after September 30, 1986, to r

availa rl le until expended. 

“(B) SPECIAL AUTHORIZATIONS.- 

“(i) AMouNT.-There is authorized to be appropr

to carry out subsection 01) with respect to subs

(a)(l)(D) not to exceed $15,000,000 for fiscal years 

ning after September 30, 1986, to remain ava

until expended. 

“(ii) DISTRIBUTION OF FUNDS.-The Administra

shall provide for an equitable distribution of 

appropriated pursuant to this subparagraph 

States carrying out approved methods and proce

Such distribution shall be based on the relative 

of each such State for the mitigation of the ha

effects on lakes and other surface waters of high a

that may reasonably be due to acid deposition o

mine drainage. 
State and local 

governments. 

33 USC 1314. 

State and local 

governments. 

33 USC 1324. 

I 33 USC 1329. 

i 

“(iii) GRANTS AS ADDITIO

amount of any grant to a Sta

graph shall be in addition to, 

other Federal financial assistan

(cl LAKE RESTORATION GUIDANCE MAN

amended to read as follows: 

‘Yj) LAKE RESTORATION GUIDANCE MANUA

shall, within 1 year after the date of the 

Quality Act of 1987 and biennially thereafte

nate a lake restoration guidance manual de

dures, and processes to guide State and l

restore, and enhance water quality in the 

lakes.“. 

(d) CONFORMING AMENDMENTS.-Section 3

(1) in subsection (b) by striking out 

place it appears and inserting in lieu th

this section”; 

(2) in subsection (c)(l) by striking out 

place it appears and inserting in lieu th

this section” and by striking out “this s

it appears and inserting in lieu thereof 

section”; and 

(3) in subsection (c)(2) by striking out 

place it appears and inserting in lieu th

this section” and by striking out “this s

it appears and inserting in lieu thereof 

section”. 

SEC. 316. MANAGEMENT OF NONPOINT SOURCES 

(a) IN GENERAL.-Title III is amended by 

following new section: 

“SEC. 319. NONPOINT SOURCE MANAGEMENT PRO

“(a) STATE ASSESSMENT REPORTS.- 

“(1) CONTENTS.-The Governor of e

notice and opportunity for public comme

to the Administrator for approval, a repo

“(A) identifies those navigable w

which, without additional action 

sources of pollution, cannot reas

attain or maintain applicable wate

the goals and requirements of this A

“(B) identifies those c;Efry 

nonpoint sources or, a

nonpoint sources which add signific

portion of the navigable waters ide

graph (A) in amounts which contribu

meeting such water quality standa

requirements; 

“(C) describes the process, includ

coordination and public participation

management practices and measur

egory and subcategory of nonpoin

appropriate, particular nonpoint s

subparagraph (B) and to reduce, to 

practicable, the level of pollution r

egory, subcategory, or source; and 
sISTANCE.-The 

r this subparain lieu of, any 

ction 304(i) is 

Administrator 

.t of the Water 

jh and dissemimethods, procerts to improve, 

publicly owned 

her amended- 

:tion” the first 

ubsection (a) of 

ction” the first 

ubsection (b) of 

he second place 

:tion (a) of this 

ction” the first 

ubsection (b) of 

he second place 

tion (a) of this 

JTION. 

at the end the 

te shall, after 

are and submit 

!- 

thin the State 

rtrol nonpoint 

e expected to 

y standards or 

bcategories of 

te, particular 

lution to each 

mder subparach portion not 

uch goals and 

rgovernmental 

lentifying best 

ltrol each cat- 

?s and, where 

entified under 

:ximum extent 

from such cat

“(D) identifies and describes State and local programs 

controlling pollution added from nonpoint sources to, a

improving the quality of, each such portion of the navigab

waters, including but not limited to those programs whi

are receiving Federal assistance under subsections (h) a

(9. 

“(2) INFORMATION USED IN PREPARATION.-In developing 

report required by this section, the State (A) may rely up

information developed pursuant to sections 208, 303(e), 304

305(b), and 314, and other information as appropriate, and 

may utilize appropriate elements of the waste treatmen

management plans developed pursuant to sections 208(b) a

303, to the extent such elements are consistent with and fulf

the requirements of this section. 

“(b) STATE MANAGEMENT PROGRAMS.- 

“(1) IN GENERAL.-The Governor of each State, for that St

or in combination with adjacent States, shall, after notice a

opportunity for public comment, prepare and submit to 

Administrator for approval a management program which su

State proposes to implement in the first four fiscal years beg

ning after the date of submission of such management progra

for controlling pollution added from nonpoint sources to 

navigable waters within the State and improving the quality 

such waters. 

“(2) SPECIFIC CONTENTS.-Each management program p

posed for implementation under this subsection shall inclu

each of the following: 

“(A) An identification of the best management practic

and measures which will be undertaken to reduce polluta

loadings resulting from each category, subcategory, 

particular nonpoint source designated under paragrap

(l)(B), taking into account the impact of the practice 

ground water quality. 

“(B) An identification of programs (including, as app

priate, nonregulatory or regulatory programs for enfor

ment technical assistance, financial assistance, educatio

training, technology transfer, and demonstration projec

to achieve implementation of the best management pr

tices by the categories, subcategories, and particula

nonpoint sources designated under subparagraph (A). 

“(C) A schedule containing annual milestones for (i) ut

zation of the program implementation methods identifie

in subparagraph (B), and (ii) implementation of the b

management practices identified in subparagraph (A) 

the categories, subcategories, or particular nonpoint sour

designated under paragraph (l)(B). Such schedule shall 

vide for utilization of the best management practices at 

earliest practicable date. 

“(D) A certification of the attorney general of the State 

States (or the chief attorney of any State water pollutio

control agency which has independent legal counsel) t

the laws of the State or States, as the case may be, prov

adequate authority to implement such management 

gram or, if there is not such adequate authority, a lis

such additional authorities as will be necessary 

implement such management program. A schedule 
3 CFR, 1982 

Camp., p. 197. 

Reports. 

State and local 

governments. 

33 USC 1288. 

33 USC 1285. 

commitment by the State or States to 

authorities as expeditiously as practicabl

“(E) Sources of Federal and other ass

(other than assistance provided under 

(i)) which will be available in each of 

supporting implementation of such pra

and the purposes for which such assista

each of such fiscal years. 

“(F) An identification of Federal finan

grams and Federal development proj

State will review individual assistan

development projects for their effect 

pursuant to the procedures set forth 

12372 as in effect on September 1’7, 

whether such assistance applications 

projects would be consistent with the 

under this subsection; for the purpos

graph, identification shall not be limite

programs or development projects s

Order 12372 but may include any pro

most recent Catalog of Federal Domest

may have an effect on the purposes a

State’s nonpoint source pollution ma

“(3) UTILIZATION OF LOCAL AND PRIVATE E

ing and implementing a management p

subsection, a State shall, to the maximum 

involve local public and private agencies 

which have expertise in control of nonpoint 

“(41 DEVELCIPMENT ON WATERSHED BASIS.-A 

maximum extent practicable, develop and im

ment program under this subsection on a 

shed basis within such State. 

“(cl ADMINISTRATIVE PROVISIONS.- 

“(1) CCKI~ERATION RRQurRRMRNT.-Any 

subsection (a) and any management prog

quired by subsection 6) shall be developed 

local, substate regional, and interstate en

tively planning for the implementation 

pollution controls and have either bee

Administrator in accordance with section 

jointly with the State on water qualit ma

under section 205(j), or have been B esign

legislative body or Governor as water q

planning agencies for their geographic areas

“(2) TIME PERIOD FOR SUBMISSION OF RE

MENT PROGRAMS.-Each report and managem

be submitted to the Administrator during 

beginning on the date of the enactment of th

“(d) APPROVAL OR DISAPPROVAL OF REPORTS 

PROCRAMS.- 

“(1) DEADLINE.-subject to paragraph (2)

days after the date of submission to the A

report or management program under this 

subsections (h), (i), and (k)), the Administr

approve or disapprove such report or mana

the case may be. The Administrator may ap

management program under this subsectio
eek such additional 

le. 

stance and funding 

subsections (h) and 

uch fiscal years for 

:tices and measures 

nce will be used in 

icial assistance pro- 

&s for which the 

ce applications or 

on water quality 

in Executive Order 

1983, to determine 

s or development 

program prepared 

?s of this subnara- 

:d to the assistance 

bject to Executive 

Trams listed in the 

.c Assistance which 

id objectives of the 

lagement program. 

PERTS.-In developeogram under this 

extent practicable, 

and organizations 

sources of pollution. 

1 State shall, to the 

.plement a manageqatershed-by-watereport required by 

am and report ren cooperation with 

ities which are ac- 

,f nonpoint source 

certified by the 

208, have worked 

iagement planning 

ated by the State 

ality management 

)RTs AND MANACErent program shall 

le l&month period 

3 section. 

\ND MANAGEMENT 

not later than 180 

ministrator of any 

section (other than 

rator shall either 

ement program, as 

rove a portion of a 

1. If the Adminis

pppgpg

portion of a management program in such MO-day period

report, management program, or portion shall be deem

proved for purposes of this section. 

“(2) PROCEDURE FOR DISAPPROVAL.-If, after notice and 

tunity for public comment and consultation with appro

Federal and State agencies and other interested person

Administrator determines that- 

“(Al the proposed management program or any p

thereof does not meet the requirements of subsection 

of this section or is not likely to satisfy, in whole or i

the goals and requirements of this Act; 

“(B) adequate authority does not exist, or adequa

sources are not available, to implement such progr

portion; 

“(Cl the schedule for implementing such progra

portion is not sufficiently expeditious; or 

“CD) the practices and measures proposed in suc

gram or portion are not adequate to reduce the le

pollution in navigable waters in the State resulting 

nonpoint sources and to improve the quality of nav

waters in the State; 

the Administrator shall within 6 months of the receipt 

proposed program notify the State of any revisions or mo

tions necessary to obtain approval. The State shall ther

have an additional 3 months to submit its revised manag

program and the Administrator shall approve or disa

such revised program within three months of receipt. 

“(3) FAILURE OF STATE TO SUBMIT REPORT.-If a Governo

State does not submit the report required by subsecti

within the period specified by subsection (c)(2), the Ad

trator shall, within 30 months after the date of the enactm

this section, prepare a report for such State which mak

identifications required by paragraphs (l)(A) and (1

subsection (a). Upon completion of the requirement 

preceding sentence and after notice and opportunity fo

ment, the Administrator shall report to Congress on his 

pursuant to this section. 

“(e) LOCAL MANAGEMENT PROGRAMS; TECHNICAL f%xsTANcE

State fails to submit a management program under subsection 

the Administrator does not approve such a management prog

local public agency or organization which has expertise i

authority to, control water pollution resulting from no

sources in any area of such State which the Administrator 

mines is of sufficient geographic size may, with approval o

State, request the Administrator to provide, and the Administ

shall provide, technical assistance to such agency or organizat

developing for such area a management program which is de

in subsection (b) and can be approved pursuant to subsecti

After development of such management program, such age

organization shall submit such management program 

Administrator for approval. If the Administrator approves 

management program, such agency or organization shall be 

to receive financial assistance under subsection (h) for implem

tion of such management program as if such agency or organ

were a State for which a report submitted under subsection (a

management program submitted under subsection fbl were ap
State and local 

governments. 

43 USC 1571 

note. 

33 USC 1365. 

state 

gover 

and local 

!nts. 

33 USC 1285. 

same terms and conditions as assistance provid

subsection (h). 

“(fl TECHNICAL ASSISTANCE FOR STATES.-upon 

the Administrator may provide technical assist

developing a management program approved 

for those portions of the navigable waters requ

“(g) INTER.STATE MANAGEMENT CONFERENCE.- 

“(1) CONVENING OF CONFERENCE; NOTIFI

any portion of the navigable waters in 

implementing a management program a

section is not meeting applicable water qua

goals and requirements of this Act as a r

part, of pollution from nonpoint sources in 

State may petition the Administrator t

Administrator shall convene, a manageme

States which contribute significant pollu

nonpoint sources to such portion. If, on the 

available, the Administrator determines 

meeting applicable water quality standard

requirements of this Act as a result, in 

significant pollution from nonpoint sourc

the Administrator shall notify such States

may convene a management conference u

not later than 180 days after giving such 

or not the State which is not meeting suc

such conference. The purpose of such co

develop an agreement among such States 

pollution in such portion resulting from no

improve the water quality of such portio

agreement shall supersede or abrogate rig

water which have been established by in

pacts, Supreme Court decrees, or State wat

tion shall not apply to any pollution whi

Colorado River Basin Salinity Control A

that the Administrator convene a managem

not be subject to the provisions of secti

“(2) STATE MANAGEMENT PROGRAM RE

extent that the States reach agreement 

ference, the management programs of th

parties to such agreements and which c

pollution to the navigable waters or portion

ing applicable water quality standards o

ments of this Act will be revised to reflect s

management programs shall be consistent 

State law. 

“(h) GRANT PROGRAM.- 

“(1) GRANTS FOR IMPLEMENTATION OF 

GRAMS.-upon application of a State for wh

ted under subsection (al and a management 

under subsection (b) is approved unde

Administrator shall make grants, subject 

conditions as the Administrator considers 

this subsection to such State for the purp

State in implementing such management 

served pursuant to section 205cjX5) of this 

develop and implement such management 
j

to a State under 

equest of a State, 

e to such State in 

ler subsection 6) 

ed by such State. 

ION; PURPOSE.-If 

1 State which is 

.oved under this 

standards or the 

t, in whole or in 

other State, such 

onvene, and the 

conference of all 

1 resulting from 

dS of information 

t a State is not 

3r the goals and 

de or in part, of 

n another State, 

le Administrator 

r this paragraph 

flcation, whether 

andards requests 

ence shall be to 

duce the level of 

nt sources and to 

Nothing in such 

to quantities of 

&ate water comaws. This subsecis subject to the 

We requirement 

conference shall 

505 of this Act. 

:EMENT.-TO the 

rough such conX&es which are 

ibute significant 

hereof not meetals and requireagreement. Such 

ith Federal and 

NAGEMENT PROa report submitigram submitted 

lis section, the 

such terms and 

propriate, under 

of assisting the 

gram. Funds remay be used to 

-am. 

(21 APPLICATIONS.An application for a grant under 

subsection in any fiscal year shall be in such form and 

contain such other information as the Administrator ma

quire, including an identification and description of the 

management practices and measures which the State pro

to assist, encourage, or require in such year with the Fe

assistance to be provided under the grant. 

“(3) FEDERAL SHARE.-The Federal share of the cost of 

management program implemented with Federal assis

under this subsection in any fiscal year shall not exce

percent of the cost incurred by the State in implementing 

management program and shall be made on condition tha

non-Federal share is provided from non-Federal sources. 

“(4) LIMITATION ON GRANT AMouNTs.-Notwithstanding 

other provision of this subsection, not more than 15 perce

the amount appropriated to carry out this subsection m

used to make grants to any one State, including any gran

any local public agency or organization with authority to 

trol pollution from nonpoint sources in any area of such 

“(51 PRIORITY FOR EFFECTIVE MECHANISMS-For each 

year beginning after September 30, 1987, the Administra

may give priority in making grants under this subsection

shall give consideration in determining the Federal share 

such grant, to States which have implemented or are prop

to implement management programs which will- 

“(A) control particularly difficult or serious non

source pollution problems, including, but not limited 

problems resulting from mining activities; 

“(Bl implement innovative methods or practices 

controlling nonpoint sources of pollution, inclu

regulatory programs where the Administrator 

appropriate; 

“(Cl control interstate nonpoint source pollution 

lems; or 

“(D) carry out ground water quality protection acti

which the Administrator determines are part of a 

prehensive nonpoint source pollution control pro

including research, planning, ground water assessm

demonstration programs, enforcement, technical assis

education, and training to protect ground water q

from nonpoint sources of pollution. 

“(6) AVAILABILITY FOR OBLIGATION.-The funds grante

each State pursuant to this subsection in a fiscal year 

remain available for obligation by such State for the fisca

for which appropriated. The amount of any such fund

obligated by the end of such fiscal year shall be available 

Administrator for granting to other States under this subs

in the next fiscal year. 

“(7) LIMITATION ON USE OF FUNDS.-States may use funds 

grants made pursuant to this section for financial assistan

persons only to the extent that such assistance is related 

costs of demonstration projects. 

“(8) SATISFACTORY PROGRESS.-NO grant may be made 

this subsection in any fiscal year to a State which 

preceding fiscal year received a grant under this subs

unless the Administrator determines that such State 
Fkporta. 

Education. 

Science and 

technology. 

State and local 

overnments. 

Le arch and 

de&edodo~nt. 

y pgpg 

the schedule snecified bv such State unde

“(9) MAINTEN'ANCE OF EFFORT.-NO grant 

State under this subsection in any fiscal yea

enters into such agreements with the Adm

Administrator may require to ensure that su

tain its aggregate expenditures from all oth

grams for controlling pollution added to the 

such State from nonpoint sources and improv

such waters at or above the average level of 

in its two fiscal years preceding the date of 

subsection 

“(10) REQUEST FOR INFORMATION.-The A

request such information, data, and report

necessary to make the determination of co

for grants under this section. 

“(11) REPORTING AND OTHER REQUIREMENTS

report to the Administrator on an annual b

its progress in meeting the schedule of mi

pursuant. to subsection (b)(P)(C) of this sect

extent that appropriate information is availa

nonpoint source pollutant loading and impro

quality for those navigable waters or wate

State which were identified pursuant to su

this section resulting from implementation 

program. 

“(12) LIMITATION ON ADMINISTRATIVE cosTs

this subsection, administrative costs in the 

overhead, or indirect costs for services pro

against activities and programs carried out 

this subsection shall not exceed in any fiscal 

the amount of the grant. in such year, ex

implementing enforcement and regulatory a

training, technical assistance, demonstration 

nology transfer programs shall not be subjec

“(9 GRANT~FORPROTECTINGGROUNDWATERQUALW

“(1) ELIGIBLE APPLICANTS AND AcrIvITIEs.-Up

of a State for which a report submitted under 

a plan submitted under subsection (b) is a

section, the Administrator shall make grants 

tion to such State for the purpose of assis

carrying out groundwater quality protection 

the Administrator determines will advance 

implementation of a comprehensive nonpoin

control program. Such activities shall in

limited to, research, planning, groundwater 

onstration programs, enforcement., tec

education and training to protect the quali

and to prevent contamination of groundwat

sources of pollution. 

"(2) APPLICATIONS.-An application for a 

subsection shall be in such form and shall co

tion as the Administrator may require. 

“(3) FEDERAL SHARE; MAXIMUM AMOUNT.-Th

of the cost of assisting a State in carrying 

protection activities in any fiscal year und

shall be 50 percent of the costs incurred by th
year in meeting 

subsection (bX2). 

ay be made to a 

mless such State 

lnistrator as the 

I State will main- 

* sources for provigable waters in 

ng the quality of 

uch expenditures 

nactment of this 

ministrator may 

as he considers 

inuing eligibility 

-Each State shall 

is concerning (A) 

stones submitted 

I, and (B) to the 

)!e, reductions in 

rements in water 

;heds within the 

xtion (aX1XA) of 

the management 

-For purposes of 

form of salaries, 

ded and charged 

th a grant under 

ear 10 percent of 

?pt that costs of 

vities, education, 

rejects, and tech- 

,o this limitation. 

.ITY.- 

;I n application 

iU Eec tion (a) and 

roved under this 

under this subsecxg such State in 

activities which 

,he State toward 

source pollution 

lde, but not be 

ssessments, demical assistance, 

. of groundwater 

,r from nonpoint 

Tant under this 

;in such informahe Federal share 

out groundwater 

r this subsection 

State in carrying 

out such activities, except that the maximum amount of Fe

assistance which any State may receive under this subsecti

anv fiscal vear shall not exceed $150.000. 

“(4) REP&r.-The Administrator shall include in each r

transmitted under subsection (m) a report on the activities 

programs implemented under this subsection during the pr

ing fiscal year. 

“(j) AUTHORIZATION OF APPROPRIATIONS.-There is authorized 

appropriated to carry out subsections (h) and (i) not to e

$70,000,000 for fiscal year 1988, $100,000,000 per fiscal year for 

of fiscal years 1989 and 1990, and $130,000,000 for fiscal year 

except that for each of such fiscal years not to exceed $7,500,000 

be made available to carry out subsection (i). Sums appropri

pursuant to this subsection shall remain available until expe

“(k) CONSISTENCY OF OTHER PROGRAMS AND PROJECTS 

‘MANAGEMENT PROGRAMS.-The Administrator shall transmit t

Office of Management and Budget and the appropriate Fe

departments and agencies a list of those assistance programs 

development projects identified by each State under subse

(b)(2)(F) for which individual assistance applications and pro

will be reviewed pursuant to the procedures set forth in Exec

Order 12372 as in effect on September 1’7, 1983. Beginning not 

than sixty days after receiving notification by the Administra

each Federal department and agency shall modify existing re

tions to allow States to review individual development projects 

assistance applications under the identified Federal assistance 

grams and shall accommodate, according to the requirements 

definitions of Executive Order 12372, as in effect on Septembe

1983? the concerns of the State regarding the consistency of 

applications or projects with the State nonpoint source pollu

management program. 

“(1) COLLECTION OF INFORMATION.- The Administrator shall c

and make available, through publications and other approp

means, information pertaining to management practices and 

plementation methods, including, but not limited to, (1) informa

concerning the costs and relative efficiencies of best manage

practices for reducing nonpoint source pollution; and (2) ava

data concerning the relationship between water quality and 

plementation of various management practices to control non

sources of pollution. 

“(m) REPORTS OF ADMINISTRATOR.- 

“(1) ANNUAL REPORTS.-Not later than January 1, 1988

each January 1 thereafter, the Administrator shall transm

the Committee on Public Works and Transportation o

House of Representatives and the Committee on Environm

and Public Works of the Senate, a report for the preceding 

year on the activities and programs implemented under 

section and the progress made in reducing pollution in 

navigable waters resulting from nonpoint sources and im

ing the quality of such waters. 

“(2) FINAL REPORT.-Not later than January 1, 1990

Administrator shall transmit to Congress a final report o

activiiies carried out under this section. Such report, 

minimum, shall- 

“(A) describe the management programs being i

niented by the States by types and amount of aff

navigable waters, categories and subcategories of non
33 USC 1251. 

33 USC 1281. 

Grants. 

Ante, p. 52. 

33 USC1285. 

State and local 

governments. 

Ante, p. 52. 

sources, and types of best managem

implemented; 

“(B) describe the experiences of the 

schedules and implementing best m

“(Cl describe the amount and purpo

pursuant to subsections (h) and (i) of t

“(D) identify, to the extent that inf

the progress made in reducing polluta

ing water quality in the navigable wat

“(E) indicate what further actions 

attain and maintain in those navigable 

water quality standards, and (ii) the g

of this Act; 

“(F) include recommendations o

concerning future programs (includin

grams) for controlling pollution from 

“(G) identify the activities and prog

agencies, and instrumentalities of the 

are inconsistent with the management 

by the States and recommend modif

activities and programs are consisten

States in implementation of such m

“(n) SET ASDE FOR ADMINISTRATIVE PERSON

percent of the funds appropriated pursuant to 

fiscal year shall be available to the Admin

personnel levels at the Environmental Protec

which are adequate to carry out this section in 

(b) POLICY FOR CONTROL OF NONPOINT SOU

Section 101(a) is amended by striking out 

paragraph (51, by striking out the period at th

and inserting in lieu thereof ‘I; and”, and 

thereof the following: 

“(7) it is the national policy that progra

nonpoint sources of pollution be developed 

an expeditious manner so as to enable the 

met through the control of both point an

pollution.“. 

(cl ELIGIBILITY OF NONPOINT SouRcEs.-The 

tion 2Ol(gXl) is amended by- 

(1) striking out “sentence,” the first 

inserting in lieu thereof “sentences,“; 

(2) inserting “(A)” after “October 1, 1984

(3) inserting before “except that” the fo

purpose for which a grant may be made 

and (i) of this Act (including any innova

approaches for the control of nonpoint s

(d) RESERVATION OF FuNns.-Section 205(j) 

at the end the following new paragraph: 

"(5) NON~OINT SOURCE RESERVATION.-In 

reserved under paragraph (l), the Admin

each f=cal ear for each State 1 percent 

and availab r e for obligation to such State 

each fiscal year beginning on or after 

$100,000, whichever is greater, for the p

section 319 of this Act. Sums so reserved 

year for which such State does not request 
t practices being 

tes in adhering to 

gement practices; 

of grants awarded 

e&ion; 

ation is available, 

loads and improved to be taken to 

aters (i) applicable 

and requirements 

he Administrator 

enforcement propoint sources; and 

.W of departments, 

lited States which 

-ograms submitted 

Lions so that such 

Iith and assist the 

gement programs. 

,.--Not less than 5 

osection Q) for any 

rator to maintain 

i Agenyy at levels 

,h year. . 

3 OF FOLLUTION.- 

d” at the end of 

id of paragraph (61 

idding at the end 

; for the control of 

Id implemented in 

ds of this Act to be 

onpoint sources of 

gt sentence of secce it appears and 

8’; and 

ving: “and (Bl any 

\er sections 319 (hl 

le and alternative 

ces of pollution),“. 

mended by adding 

!dition to the sums 

*ator shall reserve 

the sums allotted 

Ier this section for 

ztober 1, 1986, or 

me of carrying out 

State in any fLsca1 

e use of such sums, 

to the extent such sums exceed $100,000, may be used by 

State for other purposes under this title.“. 

(e) CONFORMING AMENDMENT.-fkction 304(kXll is amend

inserting “and nonpoint source pollution management prog

approved under section 319 of this Act” after “208 of this 

SEC. 317. NATIONAL ESTUARY PROGRAM. 

(a) PURPOSES AND POLICIES.- 

(1) FINDINGS.-congress finds and declares that- 

(A) the Nation’s estuaries are of great importance 

fish and wildlife resources and recreation and eco

opportunity; 

(B) maintaining the health and ecological integrit

these estuaries is in the national interest; 

(Cl increasing coastal population, development, and 

direct and indirect uses of these estuaries threaten 

health and ecological integrity; 

(Dl long-term planning and management will contr

to the continued productivity of these areas, and will 

mize their utility to the Nation; and 

(El better coordination among Federal and State 

grams affecting estuaries will increase the effectiveness 

efficiency of the national effort to protect, preserve

restore these areas. 

(2) PURPOSES.-The purposes of this section are to- 

(A) identify nationally significant estuaries tha

threatened by pollution, development, or overuse; 

(Bl promote comprehensive planning for, and con

tion and management of, nationally significant estu

(Cl encourage the preparation of management plan

estuaries of national significance; and 

(D) enhance the coordination of estuarine research. 

(b) MANAGEMENT PROGRAM.-Title III is amended by adding 

end thereof the following new section: 

“SEC. 320. NATIONAL ESTUARY PROGRAM. 

“(a) MANAGEMENT CONFERENCE.- 

“(1) NOMINATION OF xsTuARms.-The Governor of any 

may nominate to the Administrator an estuary lying in 

or in part within the State as an estuary of national signific

and request a management conference to develop a compr

sive management plan for the estuary. The nomination 

document the need for the conference, the likelihood of su

and information relating to the factors in paragraph (21. 

“(21 &NVENING 0~ CONFERENCE.- 

“(A) IN GENERAL.-III any case where the Administr

determines, on his own initiative or upon nomination 

State under paragraph cl)! that the attainment or m

nance of that water quality in an estuary which a

protection of public water supplies and the protection 

propagation of a balanced, indigenous population of 

fish, fish, and wildlife, and allows recreational activitie

and on the water, requires the control of point 

nonpoint sources of pollution to supplement existing 

trols of pollution in more than one State, the Administr

shall select such estuary and convene a manage

conference. 
New York. 

Connecticut. 

Rhode Island. 

Massachusetts. 

Washington. 

New Jersey. 

Delaware. 

North Carolina. 

Florida. 

fzaignia. 

3 CFR, 1982 

Camp., p. 197. 

“(B) PRIORITY coNsmxxATIOiv.-The 

give priority consideration under this 

Sound, New York and Connecticut; 

Rhode Island; Buzzards Bay, Massach

Washington; New York-New Jersey H

New Jersey; Delaware Bay, Delawa

Delaware Inland Bays, Delaware; Alb

Carolina; Sarasota Bay, Florida; San F

nia; and Galveston Bay, Texas. 

“(3) BOUNDARY DISPUTE EXCEPTION.-In 

boundary between two States passes thro

such boundary is disputed and is the subje

court, the Administrator shall not convene 

ference with respect to such estuary befor

has been made of such dispute. 

“@) PURPOSES OF CONFERENCE.-The purpose

conference convened with respect to an estua

tion shall be to- 

“(1) assess trends in water quality, na

uses of the estuary; 

“(2) collect, characterize, and assess data 

and natural resources within the estuarine 

causes of environmental problems; 

“(31 develop the relationship between 

point and nonpoint loadings of pollutants 

and the potential uses of the zone, water 

resources; 

“(41 develop a comprehensive conservatio

plan that recommends priority corrective 

ance schedules addressing point and nonp

tion to restore and maintain the che

biological integrity of the estuary, includ

maintenance of water quality, a balanced 

of shellfish, fish and wildlife, and recreatio

estuary, and assure that the designated u

protected; 

“(5) develop plans for the coordinated i

plan by the States as well as Federal and 

pating in the conference; 

“(6) monitor the effectiveness of actions 

plan; and 

“(‘7) review all Federal financial assis

Federal development projects in accor

quirements of Executive Order 123’72, as 

ber 17, 1983, to determine whether such 

project would be consistent with and furth

objectives of the plan prepared under this 

For purposes of paragraph (‘71, such programs 

be limited to the assistance programs and 

subject to Executive Order 12372, but may 

listed in the most recent Catalog of Federal 

which may have an effect on the purposes and 

developed under this section. 

“(C) MEMBERS OF CONFERENCE.--The membe

conference convened under this section shall in

the Administrator and representatives of- 
ninistrator shall 

m to Long Island 

ulagansett Bay, 

,ts; Puget Sound, 

sr, New York and 

nd New Jersey; 

rle Sound, North 

,isco Bay, Califorcase in which a 

an estuary and 

an action in any 

nanagement coninal adjudication 

any management 

nder this subsecII resources, and 

toxics, nutrients, 

ne to identify the 

nplace loads and 

ne estuarine zone 

aity, and natural 

and management 

;ions and complisources of polluII, physical, and 

: restoration and 

ienous population 

1 activities in the 

)f the estuary are 

!mentation of the 

1 agencies particin pursuant to the 

ze programs and 

ce with the re2Gct on Septemtame program or 

the purposes and 

;ion. 

rejects shall not 

? P opment projects 

de any programs 

mestic Assistance 

xtives of the plan 

of a management 

Ie, at a minimum, 

“(1) each State and foreign nation located in whole or i

in the estuarine zone of the estuary for which the confere

convened; 

“(2) international, interstate, or regional agencies or e

having jurisdiction over all or a significant part of the es

“(3) each interested Federal agency, as determined 

priate by the Administrator; 

“(4) local governments having jurisdiction over any la

water within the estuarine zone, as determined appropriat

the Administrator; and 

“(5) affected industries, public and private educational in

tions, and the general public, as determined appropriate 

Administrator. 

“cd) UTILIZATION OF EXISTING DATA.-In developing a conserv

and management plan under this section, the management 

ference shall survey and utilize existing reports, data, and s

relating to the estuary that have been developed by or made 

able to Federal, interstate, State, and local agencies. 

“(e) PERIOD OF CONFERENCE.-A management conference con

under thi$ section shall be convened for a period not to exc

years. S&h conference may be extended by the Administrator, 

if terminated after the initial period, may be reconvened b

Administrator at any time thereafter, as may be necessary to 

the requirements of this section. 

“(f) APPROVAL AND IMPLEMENTATION OF PLANS.- 

“(1) APPROVAL.-Not later than 120 days after the comp

of a conservation and management plan and after providin

public review and comment, the Administrator shall ap

such plan if the plan meets the requirements of this sectio

the affected Governor or Governors concur. 

“(2) IMPLEMENTATION.-Upon approval of a conservation 

management plan under this section, such plan shall be 

mented. Funds authorized to be appropriated under titles 

VI and section 319 of this Act may be used in accordance 

the applicable requirements of this Act to assist States wit

implementation of such plan. 

“(g) GRANTS.- 

“(1) RECIPIENTS.-The Administrator is authorized to 

grants to State, interstate, and regional water pollution c

agencies and entities, State coastal zone management age

interstate agencies, other public or nonprofit private age

institutions, organizations, and individuals. 

“(2) PuRPosEs.-Grants under this subsection shall be m

pay for assisting research, surveys, studies, and modeling 

other technical work necessary for the development of 

servation and management plan under this section. 

“(3) FEDERAL SHARE.-The amount of grants to any p

(including a State, interstate, or regional agency or e

under this subsection for a fiscal year shall not exce

percent of the costs of such research, survey, studies, and 

and shall be made on condition that the non-Federal sh

such costs are provided from non-Federal sources. 

“(h) GRANT REPORTING.-hy person (including a State, 

state, or regional agency or entity) that receives a grant 

subsection (g) shall report to the Administrator not later th

months after receipt of such grant and biennially thereafter 

progress being made under this section. 
‘$1 AUTHORIZATION OF APPEoPEIATIONs.-Th

be appropriated to the Administrator not to 

fiscal year for each of fiscal years 1987, 198

for- 

“(1) expenses related to the administra

conferences under this section, not to e

amount appropriated under this subsectio

“(2) making grants under subsection (g

“(3) monitoring the implementation 

management plan by the management 

Administrator, in any case in which th

terminated. 

The Administrator shall provide up to $5,00

the sums authorized to be appropriated unde

Administrator of the National Oceanic and 

tration to carry out subsection (iI. 

I‘(j) RESEARCH.- 

“(1) PROGRAMS.-In order to determine 

management conference under this secti

such a management conference, the Adm

nate and implement, through the Natio

Program Office and the National Marin

the National Oceanic and Atmospheric 

appropriate, for one or more estuarine zo

“(A) a long-term program of trend 

measuring variations in pollutant 

ecology, and other physical or bio

parameters which may affect estua

the Administrator the capacity to d

and actual effects of alternative m

and measures; 

“(B) a program of ecosystem asse

development of (i) baseline studies 

state of estuarine zones and the 

anthropogenic changes, and (ii) predi

translating information on specific 

pollutant loadings within estuarine 

probable effects on such zones; 

“(0 a comprehensive water quality 

the continuous monitoring of nut

precipitation dissolved oxygen, and 

ants (including organic chemicals a

zones, after consultation with interes

state, or international agencies and 

all environmental sampling data p

estuarine zones; and 

“(D) a program of research to iden

nutrients, sediments and pollutant

zones and the impact of nutrients, 

ants on water quality, the ecosyste

potential uses of the estuarine zones

“(2) REPORTS.-The Administrator, in 

Administrator of the National Ocea

Administration, shall submit to the Cong

biennially a comprehensive report on th

under this subsection including- 

“(A? a listing of priority monitoring 
re authorized to 

$12,000,000 per 

1990, and 1991 

of management 

0 percent of the 

lnservation and 

:ence or by the 

jrence has been 

er fiscal year of 

ubsection to the 

pheric Adminis- 

?ed to convene a 

it the request of 

itor shall coordilarine Pollution 

series Service of 

ministration, as 

nent monitoring 

trations, marine 

I environmental 

ones, to provide 

ne the potential 

!ment strategies 

assisting in the 

1 determine the 

of natural and 

nodels capable of 

urges or general 

!s into a set of 

ling program for 

chlorine, acid 

ally toxic pollutals) in estuarine 

tate, local, inter- 

.’ and analysis of 

y collected from 

ie movements of 

rough estuarine 

snts, and pollut- 

,d designated or 

:ration with the 

Id Atmospheric 

o less often than 

vities authorized 

1 research needs; 

“(B) an assessment of the state and health of the Natio

estuarine zones, to the extent evaluated under 

subsection; 

“(C) a discussion of pollution problems and trends 

pollutant concentrations with a direct or indirect effect 

water quality, the ecosystem, and designated or potent

uses of each estuarine zone, to the extent evaluated un

this subsection; and 

“(D) an evaluation of pollution abatement activities 

management measures so far implemented to determi

the degree of improvement toward the objectives express

in subsection (b)(4) of this section. 

“(k) DEFINITIONS.-For purposes of this section, the terms ‘e

ary’ and ‘estuarine zone’ have the meanings such terms have 

. _^ .,., 1. ^... . . _ 

section 104(n1(41 ot this Act, except that the term ‘estuarine zo

shall also include associated aquatic ecosystems and those portio

of tributaries draining into the estuary up to the historic height 

migration of anadromous fish or the historic head of tidal influenc

whichever is higher.“. 

SEC. 318. UNCONSOLIDATED QUATERNARY AQUIFER. 

Notwithstanding any other provision of law, no person ma

(1) locate or authorize the location of a landfill, surfa

impoundment, waste pile, injection well, or land treatme

facility over the Unconsolidated Quaternary Aquifer, or 

recharge zone or streamflow source zone of such aquifer, in 

Rockaway River Basin, New Jersey (as such aquifer and zo

are described in the Federal Register, January 24, 1984, pa

2946-2948); or 

(21 place or authorize the placement of solid waste in 

landfill, surface impoundment, waste pile, injection well, 

land treatment facility over such aquifer or zone. 

This section may be enforced under sections 309 (a) and (bl of 

Federal Water Pollution Control Act. For purposes of section 30

of such Act, a violation of this section shall be considered a violatio

of section 301 of the Federal Water Pollution Control Act. 

TITLE IV-PERMITS AND LICENSES 

SEC. 401. STORMWATER RUNOFF FROM OIL. GAS. AND MINING OP

ATIONS. 

(al LIMITATION ON PERMIT REQUIREMENT.-SeCtiOn 402(l) 

amended by inserting “(1) AGRICULTURAL RETURN FLOWS.--)' bef

“The Administrator” and by adding at the end thereof the followin

“(2) STORMWATER RUNOFF FROM OIL, GAS, AND MINING O

ATIONS.-The Administrator shall not require a permit un

this section, nor shall the Administrator directly or indirect

require any State to require a permit, for discharges 

stormwater runoff from mining operations or oil and gas exp

ration, production, processing, or treatment operations or tra

mission facilities, composed entirely of flows which are fr

conveyances or systems of conveyances (including but not l

ited to pipes, conduits, ditches, and channels) used for collecti

and conveying precipitation runoff and which are not contam

nated by contact with, or do not come into contact with, 

overburden, raw material, intermediate products, finished pr
33 USC 1342. 

Ante, p. 65. 

33 USC 1292. 

33 USC 1314. 

33 USC 1317. 

33 USC 1319. 

33 USC 1370. 

supm 

uct, byproduct. or waste products locate

operations.“. 

(bl cONFoRMING AMENDMENTS.-Section 

amended- 

(1) by inserting “LIMITATION ON PER

after “(1)“; and 

(2) by indenting paragraph (1) of such 

by subsection (a) of this section, and ali

with paragraph (2) of such section, as ad

(a). 

SEC. 402. ADDITIONAL PRETREATMENT OF CONV

NOT REQUIRED. 

Section 402 is amended by adding at the en

new subsection: 

“(m) ADDITIONAL PRETREATMENT OF CONV

NOT REQUIRED.-TO the extent a treatment 

section 212 of this Act) which is publicly ow

requirements of a permit issued under this 

ment works as a result of inadequate design 

treatment works, the Administrator, in issuin

section, shall not require pretreatment by 

conventional pollutants identified pursuant 

this Act into such treatment works other 

quired to assure compliance with pretreatm

subsection (b)(8) of this section and section 

Nothing in this subsection shall affect the Adm

under sections 307 and 309 of this Act, 

authority under sections 307(b)(4) and 510 of 

treatment works of its obligations to meet req

under this Act, or otherwise preclude such 

whatever feasible options are available to me

comply with its permit under this section.“. 

SEC. 403. PARTIAL NPDES PROGRAM. 

(a) PARTIAL PERMIT PRocRAM.-Section 402 

at the end the following: 

“(n) PARTIAL PERMIT PROGRAM.- 

“(1) STATE suBMIssroN.-The Governor 

under subsection (b) of this section a 

portion of the discharges into the nav

State. 

“(2) MINIMUM COVERAGE.-A partial 

this subsection shall cover, at a minimum

major category of the discharges into th

the State or a major component of the pe

by subsection (b). 

“(3) APPROVAL OF MAJOR CATEGORY 

GRAMS.-The Administrator may approve 

gram covering administration of a major 

under this subsection if- 

“(A) such program represents a co

and covers all of the discharges und

department or agency of the State; a

“(B) the Administrator determines 

gram represents a significant and 

State program required by subsection 
,n the site of such 

102(l) is further 

REQUIREMENT.--)’ 

tion, as designated 

Ig such paragraph 

by such subsection 

'IONALPOLLUTANTS 

lereof the following 

IONAL POLLUTANTS 

Jrks (as defined in 

is not meeting the 

ion for such treat- 

- operation of such 

l’permit under this 

person introducing 

section 304(aH4) of 

2 pretreatment ret standards under 

7(bXl) of this Act. 

istrator’s authority 

zt State and local 

is Act, relieve such 

.ements established 

.rks from pursuing 

its responsibility to 

amended by adding 

1 State may submit 

nit program for a 

)le waters in such 

nit program under 

administration of a 

lavigable waters of 

t program required 

aTIAL PERMIT PROpartial permit proegory of discharges 

zte permit program 

he jurisdiction of a 

lat the partial protifiable part of the 

(4) APPROVAL 0p MAJOR COMPONENT PARTIAL PERMIT P

GRAMS.-The Administrator may approve under this subsecti

a partial and phased permit program covering administration 

a major component (including discharge categories) of a St

permit program required by subsection (b) if- 

“(A) the Administrator determines that the partial p

gram represents a significant and identifiable part of 

State program required by subsection (b); and 

“(B) the State submits, and the Administrator approves

plan for the State to assume administration by phases 

the remainder of the State program required by subsecti

(b) by a specified date not more than 5 years after subm

sion of the partial program under this subsection a

agrees to make all reasonable efforts to assume su

administration by such date.“. 

(b) RETURN OF STATE PERMIT PROGRAM TO ADMINISTRATOR.- 

(1) IN GENERAL.-Se&ion 402(c) is amended by adding at 

end thereof the following new paragraph: 

“(4) LIMITATIONS ON PARTIAL PERMIT PROGRAM RETURNS A

WITHDRAWALS.-A State may return to the Administrato

administration, and the Administrator may withdraw und

paragraph (3) of this subsection approval, of- 

“(A) a State partial permit program approved und

subsection (n)(3) only if the entire permit program be

administered by the State department or agency at the tim

is returned or withdrawn; and 

“(B) a State partial permit program approved und

subsection (n)(4) only if an entire phased component of 

permit program being administered by the State at 

time is returned or withdrawn.“. 

(2) &NFORMINC AMENDMENT.-Section 402(cXl) is amend

by striking out “as to those navigable waters” and inserting 

lieu thereof “as to those discharges”. 

SEk404.ANTI-BACKSLIDING. 

(a) GENERAL RULE.-Section 402 is amended by adding at the e

thereof the following new subsection: 

“(01 ANTI-BACKSLIDING.- 

“(1) GENERAL PROHIBITION.-In the case of effluent limitation

established on the basis of subsection (aX1XB) of this section

permit may not be renewed, reissued, or modified on the basis 

effluent guidelines promulgated under section 304(b) subseque

to the original issuance of such permit, to contain efflue

limitations which are less stringent than the comparable eff

ent limitations in the previous permit. In the case of efflue

limitations established on the basis of section 3Ol(bXlXC) 

section 303 (d) or (e), a permit may not be renewed, reissued, 

modified to contain effluent limitations which are less stringe

than the comparable effluent limitations in the previous perm

except in compliance with section 303(dX4). 

“(2) EXCEPTIONS.-A permit with respect to which paragrap

(1) applies may be renewed, reissued, or modified to contain 

less stringent effluent limitation applicable to a pollutant 

“(A) material and substantial alterations or additions 

the permitted facility occurred after permit issuance wh

justify the application of a less stringent effluent limitation

91-194 0 - 90 - 4 : QL.3 Part 1 
Ante, pp. 30, 35; 

33 USC 1326. 

(B)(i) information is available w

the time of permit issuance (other 

guidance, or test methods) and w

the application of a less stringent 

time of permit issuance; or 

“(ii) the Administrator determi

takes or mistaken interpretations 

issuing the permit under subsection 

“(C) a less stringent effluent li

cause of events over which the per

for which there is no reasonably a

“(D) the permittee has receive

under section 301(c), 301(g), 301(h

316(a); or 

‘YE) the permittee has installed 

required to meet the effluent lim

permit and has properly operat

facilities but has nevertheless be

previous effluent limitations, in w

in the reviewed, reissued, or mod

the level of pollutant control act

not be less stringent than required 

effect at the time of permit 

modification). 

33 USC 1313. 

Subparagraph (B) shall not apply to 

allocations or any alternative ground

quality standards into effluent limita

cumulative effect of such revised all

crease in the amount of pollutants 

cerned waters, and such revised allocat

a discharger eliminating or substantially 

of pollutants due to complying with the 

or for reasons otherwise unrelated to w

“(3) LIMITATIONS.-In no event may 

which paragraph (1) applies be renewed

contain an effluent limitation which 

required by effluent guidelines in effe

is renewed, reissued, or modified. In no 

to discharge into waters be renewed, 

contain a less stringent effluent limita

tion of such limitation would result 

quality standard under section 303 ap

(b) LIMITATIONS ON REVISION OF CERTAIN 

Section 303(d) of the Act is amended by 

the following new paragraph: 

“(4) LIMITATIONS ON REVISION OF C

TIONS.- 

“(A) STANDARD NOT ATrAINED

under paragraph (U(A) where the 

standard has not yet been attained

based on a total maximum daily 

allocation established under this 

only if (i) the cumulative effect o

limitations based on such total 

waste load allocation will assure 

water quality standard, or (ii) the 
not available at 

;ed regulations, 

1 have justified 

mitation at the 

technical miswere made in 

s necessary be- 

; no control and 

medy; 

it modification 

01(k), 301(n), or 

tment facilities 

.n the previous 

naintained the 

to achieve the 

the limitations 

nit may reflect 

.eved (but shall 

nt guidelines in 

reissuance, or 

sed waste load 

mslating water 

cept where the 

eesults in a dei into the conlot the result of 

ng its discharge 

Ients of this Act 

.ty. 

with respect to 

1, or modified to 

stringent than 

Lime the permit 

.y such a permit 

or modified to 

he implementation of a water 

) such waters.“. 

LIMITATIONS.- 

the end thereof 

'FLUENT LIMITAaters identified 

e water quality 

!uent limitation 

ther waste load 

may be revised 

revised effluent 

1 daily load or 

inment of such 

ed use which is 

not being attained is removed in accordance with regulations established under this section. 

I‘(B) STANDARD ATTAINED.-For waters identified under 

paragraph (INA) where the quality of such waters equals or 

exceeds levels necessary to protect the designated use for 

such waters or otherwise required by applicable water quality standards., any effluent limitation based on a total 

maximum dally load or other waste load allocation established under this section, or any water quality standard 

established under this section, or any other permitting 

standard may be revised only if such revision is subject to 

and consistent with the antidegradation policy established 

under this section.“. 

(cl S’runv.-The Administrator shall study- 

(1) the extent to which States have reviewed, revised, and 

adopted water quality standards in accordance with section 24 

of the Municipal Wastewater Treatment Construction Grant 

Amendments of 1981; and 

(2) the extent to which modifications of permits issued under 

section 402(aXlXB) of the Federal Water Pollution Control Act 

for the purpose of reflecting any revisions to water quality 

standards should be encouraged or discouraged. 

The Administrator shall submit a report on such study, together 

with recommendations, to Congress not later than 2 years after the 

date of the enactment of this Act. 

cd) CONFORMING AMENDMENT.-SeCtiOn 402(a)(l) is amended by 

inserting “(A)” after “either” and by inserting “(BY after “this Act, 

or”. 

SEC.105.MUNIClPALANDlNDUSTRlALSTORMWATERDISCHARGES. 

Section 402 is amended by adding at the end thereof the following 

new subsection: 

“(~)MUNICIPALANDINDUSTRIALSTORMWATERDISCHARGES.- 

“(1) GENERAL RULE.-Prior to October 1: 1992, the Administrator or the State (in the case of a permit program approved 

under section 402 of this Act) shall not require a permit under 

this section for discharges composed entirely of stormwater. 

“(2) ExcEP’rIoNs.-Paragraph (1) shall not apply with respect 

to the following stormwater discharges: 

“(A) A discharge with respect to which a permit has been 

issued under this section before the date of the enactment 

of this subsection. 

“(B) A discharge associated with industrial activity. 

“(C) A discharge from a municipal separate storm sewer 

system serving a population of 250,000 or more. 

“(D) A discharge from a municipal separate storm sewer 

system serving a population of 100,000 or more but less 

than 250,000. 

“(El A discharge for which the Administrator or the 

State, as the case may be, determines that the stormwater 

discharge contributes to a violation of a water quality 

standard or is a significant contributor of pollutants to 

waters of the United States. 

“(3) PERMIT REQUIREMENTS.- 

“(A) INDUSTRIAL DISCHARGES.-Permits for discharges 

associated with industrial activity shall meet all applicable 

provisions of this section and section 301. 
Regulations. 

Regulations. 

Reports. 

Reporta. 

State and local 

governments. 

(B) MUNICIPAL DISCHARGE.

Per

municipal storm sewers- 

“(i) may be issued on a sys

basis; 

“(ii) shall include a require

hibit non-stormwater discharge

and 

“(iii) shall require controls t

pollutants to the maximum e

ing management practices, 

system, design and engineeri

other provisions as the Adm

determines appropriate for 

pollutants. 

“(4) PERMIT APPLICATION REQUIREMENTS

“(A) INDUSTRIAL AND LARGE biuNI

later than 2 years after the date 

subsection, the Administrator sh

setting forth the permit applica

stormwater discharges described 

(2)(C). Applications for permits for 

filed no later than 3 years after suc

later than 4 years after such 

Administrator or the State, as the 

or deny each such permit. Any s

for compliance as expeditiously a

event later than 3 years after the 

permit. 

“(B) OTHER MUNICIPAL nIscHAR

years after the date of the enactme

Administrator shall establish regu

permit application requirements f

described in paragraph (2)(D). App

such discharges shall be filed no 

such date of enactment. Not later 

date of enactment, the Administrat

case may be, shall issue or deny ea

permit shall provide for complia

practicable, but in no event later th

of issuance of such permit. 

“(5) STunms.--The Administrator, 

States, shall conduct a study for the pu

“(A) identifying those stormwater 

stormwater discharges for which 

pursuant to paragraphs (1) and (21 

“(B) determining, to the maximum 

nature and extent of pollutants 

“(C) establishing procedures 

stormwater discharges to the exte

impacts on water quality. 

Not later than October 1, 1988, the Ad

to Congress a report on the results o

subparagraphs (A) and (B). Not later 

Administrator shall submit to Congres

of the study described in subparagraph 

“(61 BEGULATIONs-Not later than 

Administrator, in consultation with 
discharges from 

urisdiction-wide 

effectively proIe storm sewers; 

the discharge of 

cticable, includtechniques and 

hods, and such 

ar or the State 

Intro1 of such 

SCHARGES--Not 

Iactment of this 

lish regulations 

,quirements for 

:aphs (2XB) and 

charges shall be 

‘enactment. Not 

enactment, the 

y be, shall issue 

lit shall provide 

:able, but in no 

ssuance of such 

It later than 4 

5 subsection, the 

etting forth the 

vater discharges 

for permits for 

m 5 years after 

years after such 

he State, as the 

ermit. Any such 

:xpeditiously as 

rs after the date 

tation with the 

ges or classes of 

‘re not required 

sction; 

practicable, the 

discharges; and 

tods to control 

;ary to mitigate 

;or shall submit 

dy described in 

‘her 1, 1989, the 

,t on the results 

r 1, 1992, the 

I local officials, 

sassue eguatos (based ote esuts ote studes 

conducted under paragraph (511 which designate stormwater 

discharges, other than those discharges described in paragraph 

(2), to be regulated to protect water quality and shall establish a 

comprehensive program to regulate such designated sources. 

The program shall, at a minimum, (Al establish priorities, (B) 

establish requirements for State stormwater management programs, and (C) establish expeditious deadlines. The program 

may include performance standards, guidelines, guidance, 

and management practices and treatment requirements, as 

appropriate.“. 

SEC. 406. SEWAGE SLUDGE. 

(a) IDENTIFICATION AND REGULATION OF TOXIC POLLUTANTS.-Section 405(d) is amended- 

(1) by inserting “(1) REGULATIONS.-” before “The Administrator, after”; 

(2) by striking “(l)“, “(21”, and “(3)” and inserting in lieu 

thereof “(Al”, “(BY’, and “(Cl”, respectively; and 

(3) by adding at the end the following new paragraphs: 

“(2) IDENTIFICATION AND REGULATION OF ~0x10 POLLUTANTS.- 

“(A) ON BASIS OF AVAILABLE INFORMATION.- 

“(i) PROPOSED REGULATIONS.-Not later than November 30, 1986, the Administrator shall identify those 

toxic pollutants which, on the basis of available 

information on their toxicity, persistence, concentration, mobility, or potential for exposure, may be 

present in sewage sludge in concentrations which may 

adversely affect public health or the environment, and 

propose regulations specifying acceptable management 

practices for sewage sludge containing each such toxic 

pollutant and establishing numerical limitations for 

each such pollutant for each use identified under paragraph (U(A). 

“(ii) FINAL REOuLATIONs.-Not later than August 31, 

1987, and after opportunity for public hearing, the 

Administrator shall promulgate the regulations required by subparagraph (AKil. 

“(Bl OTHERS.- 

“(i) PROPOSED REGULATIONS.-Not later than July 31, 

1987, the Administrator shall identify those toxic 

pollutants not identified under subparagraph (AXi) 

which may be present in sewage sludge in concentrations which may adversely affect public health or the 

environment, and propose regulations specifying 

acceptable management practices for sewage sludge 

containing each such toxic pollutant and establishing 

numerical limitations for each pollutant for each such 

use identified under paragraph (lXA1. 

“(ii) FINAL REGULATIONS.-Not later than June 15, 

1988, the Administrator shall promulgate the regulations required by subparagraph (BXil. 

“(C) REVIEW.-From time to time, but not less often than 

every 2 years, the Administrator shall review the regulations promulgated under this paragraph for the purpose of 

identifying additional toxic pollutants and promulgating 
33 USC 1342. 

33 USC 1345. 

State and local 

governments. 

42 USC 6921. 

ments of this paragraph. 

“(D) MINIMUM STANDARDS

management practices and num

under subparagraphs (A), (B), a

protect public health and the 

reasonably anticipated adverse 

Such regulations shall require c

as practicable but in no case la

their publication, unless such 

construction of new pollution 

case the regulations shall requ

tiously as practicable but in no 

from the date of their publication. 

“(3) ALTERNATIVE STANDARDS.-Fo

tion, if, in the judgment of the Admi

to prescribe or enforce a numerical 

identified under paragraph (2), the A

promulgate a design, equipment, man

ational standard, or combination ther

trator’s judgment is adequate to pro

environment from any reasonably an

such pollutant. In the event the Ad

design or equipment standard un

Administrator shall include as pa

requirements as will assure the pro

nance of any such element of design o

“(4) CONDITIONS ON PERMITS.-prior 

the regulations required by paragra

shall impose conditions in permits 

treatment works under section 402 

other measures as the Administrato

protect public health and the enviro

effects which may occur from toxic p

“(5) LIMITATION ON STATUTORY c

this section is intended to waive mo

established by this Act or any other la

(b) MANNER OF SLUDGE DISPOSAL.-Sec

read as follows: 

“(e) MANNER OF SLUDGE DISPOSAL.-T

manner of disposal or use of sludge is a 

that it shall be unlawful for any person 

publicly owned treatment works or an

treating domestic sewage for any use f

been established pursuant to subsection 

accordance with such regulations.“. 

(c) IMPLEMENTATION THROUGH BERMIT

amended by adding at the end thereof the 

“(f~ IMPLEMENTATION OF REGULATIONS.

“(1) THROUGH SECTION 402 PERMITS

section 402 of this Act to a publicly 

any other treatment works treating 

clude requirements for the use an

implement the regulations establishe

(d) of this section, unless such require

in a permit issued under the appropria

of the Solid Waste Disposal Act, pa
NCE DATE.-The 

iteria established 

~11 be adequate to 

iment from any 

f each nollutant. 

? as expeditiously 

12 months after 

ons require the 

cilities, in which 

liance as expedir than two years 

:s of this subsec- 

, it is not feasible 

n for a pollutant 

ator may instead 

practice, or operh in the Adminisic health and the 

adverse effects of 

or promulgates a 

subsection, the 

h standard such 

.tion and mainteent. 

promulgation of 

le Administrator 

) publicly owned 

4ct or take such 

s appropriate to 

rom any adverse 

in sewage sludge. 

ioN.-Nothing in 

ent requirements 

el is amended to 

-mination of the 

-mination, except 

of sludge from a 

treatment works 

regulations have 

section, except in 

n 405 is further 

.mit issued under 

.atment works or 

sewage shall in1 of sludge that 

mt to subsection 

.ve been included 

iions of subtitle C 

le Safe Drinking 

Act of 1972, or the Clean Air Act, or under State perm

programs approved by the Administrator, where the Adminis

trator determines that such programs assure compliance wit

any applicable requirements of this section. Not later tha

December 15, 1986, the Administrator shall promulgate pr

cedures for approval of State programs pursuant to th

paragraph. 

“(2) THROUGH OTHER PERMITS.-ln the case of a treatmen

works described in paragraph (1) that is not subject to sectio

402 of this Act and to which none of the other above liste

permit programs nor approved State permit authority appl

the Administrator may issue a permit to such treatment work

solely to impose requirements for the use and disposal of sludg

that implement the regulations established pursuant to subse

tion (d) of this section. The Administrator shall include in th

permit appropriate requirements to assure compliance with t

regulations established pursuant to subsection (d) of this s

tion. The Administrator shall establish procedures for issuin

permits pursuant to this paragraph. 

“(g) STUDIEIS AND PROJECTS.- 

“(1) GRANT PROGRAM; INFORMATION GATHERING.-The 

Administrator is authorized to conduct or initiate scientifi

studies, demonstration projects, and public information a

education projects which are designed to promote the safe a

beneficial management or use of sewage sludge for such pu

poses as aiding the restoration of abandoned mine sites, con

tioning soil for parks and recreation areas, agricultural a

horticultural uses, and other beneficial purposes. For the pu

poses of carrying out this subsection, the Administrator m

make grants to State water pollution control agencies, oth

public or nonprofit agencies, institutions, organizations, a

individuals. In cooperation with other Federal departments a

agencies, other public and private agencies, institutions, a

organizations, the Administrator is authorized to collect a

disseminate information pertaining to the safe and beneficia

use of sewage sludge. 

“(2) AUTHORIZATION OF APPROPRIATIONS.-FOr the purposes 

carrying out the scientific studies, demonstration projects, a

public information and education projects authorized in th

section, there is authorized to be appropriated for fiscal yea

beginning after September 30, 1986, not to exceed $5,000,000

(d) ENFORCEMENT.-(~) Section 308(a)(4) is amended by inserting 

“405,” before “and 504”. 

(2) Section 505(f) is amended by striking out “or” before “(61” a

bv inserting before the period “; or (7) a regulation under se&Io

I~\ r- ----=-~ Ly striking out "or yO6" a

inserting in lieu thereof “306, or 405”. 

(e) REMOVAL CREDITS.-The part of the decision of Natural 

sources Defense Council, Inc. v. U.S. Environmental Protectio

Agency, No. 84-3530 (3d. Cir. 19861, which addresses section 405(d

the Federal Water Pollution Control Act is stayed until August 

198’7, with respect to- 

(1) those publicly owned treatment works the owner or ope

tor of which received authority to revise pretreatment requi
33 USC 1317. 

Ante, p. 71. 

33 USC 1345. 

33 USC 1342 

note. 

State and local 

governments. 

;i4y,C 1342, 

33 USC 1311, 

1312, 1316-131s 

1343. 

ments under section 307(b)(l) of such Act 

enactment of this section, and 

(2) those publicly owned treatment works 

tor of which has submitted an application f

pretreatment requirements under such se

application is pending on such date of e

proved before August 31,1987. 

The Administrator shall not authorize any o

under such Act until the Administrator issue

quired by paragraph (ZXA)(ii) of section 40

amended by subsection (a) of this section. 

(f) CONFORMING AMENDMENTS.-%XtiOD 

amended- 

(1) by inserting “REGULATIONS.-” after “

(2) by indenting paragraph (1) (as desig

(a)(l) of this section) and aligning such p

graph (3), as added by subsection (a)(3); and 

(3) in such paragraph (1) by aligning su

and (C) (as designated by subsection (a)(2

subparagraph (0 of paragraph (21, as adde

of this section. 

SEC. 407. LOG TRANSFER FACILITIES. 

(a) AGREEMENT.-The Administrator and Se

shall enter into an agreement regarding coord

for log transfer facilities to designate a lead a

permits required under sections 402 and 404 

Pollution Control Act, where both such sec

charges associated with the construction and o

fer facilities. The Administrator and Secretary 

in accordance with the terms of such agreeme

the maximum extent practicable, duplication, 

and delay in the issuance of permits, and ine

between and among facilities in different States

(b) APPLICATIONS AND PERMITS BEFORE OCTO

both of sections 402 and 404 of the Federal Wa

Act apply, log transfer facilities which have rec

section 404 of such Act before October 22,1985, 

to submit a new application for a permit unde

Act. If the Administrator determines that th

issued on or before October 22, 1985, under se

satisfies the applicable requirements of sectio

308, and 403 of such Act, a separate application 

section 402 of such Act shall not thereafter be 

where the Administrator demonstrates, after 

hearing, that the terms of a permit issued on 

1985, under section 404 of such Act do not 

requirements of sections 301, 302,306,30’7,308, 

modifications to the existing permit under sec

incorporate such applicable requirements sh

Administrator as an alternative to issuance 

permit under section 402 of such Act. 

(c) f&c TRANSFER FACILITY DEFINED.-For 

section, the term “log transfer facility” mea

constructed m whole or in part in waters of t

which is utilized for the purpose of transferring 
owner or operahority to revise 

307(bXl) which 

lent and is ap- 

.emoval credits 

regulations reT such Act, as 

1) is further 

1 by subsection 

aph with paragraphs (Al, (B), 

is section) with 

ubsection (a)(3) 

.y of the Army 

n of permitting 

and to process 

Federal Water 

apply, for dison of log translthorized to act 

assure that, to 

less paperwork 

sle enforcement 

I be eliminated. 

:, 1985.-Where 

)llution Control 

a permit under 

not be required 

ion 402 of such 

ns of a permit 

104 of such Act 

, 302, 306, 307, 

a permit under 

4. In any case 

portunity for a 

ore Qctober 22, 

the applicable 

<03 of such Act, 

1 of such Act to 

issued by the 

separate new 

urposes of this 

lcility which is 

ited States and 

imercially har

ested ogs to ooa esseoog at, cudg te oatoo

a log raft. 

TITLE V-MISCELLANEOUS PROVISIONS 

SEC.501.AUDITS. 

Section 501(d) is amended by inserting at the end the following 

new sentences: “For the purpose of carrying out audits and 

examinations with respect to recipients of Federal assistance under 

this Act, the Administrator is authorized to enter into noncompetitive procurement contracts with independent State audit organiza- 

tions, consistent with chapter 75 of title 31, United States Code

Such contracts may only be entered into to the extent and in such 

amounts as may be provided in advance in appropriation Acts.“. 

SEC.502.COMMONWEALTHOFTHENORTHERNMARlANAISLANDS. 

(a) DEFINED AS A STATE.-Section 502(3) is amended by inserting 

“the Commonwealth of the Northern Mariana Islands,” afte

“Samoa,“. 

(b) DEFINED AS PART OF UNITED STATES.-section 311(a)(5) i

amended by striking out “the Canal Zone,” and inserting in lieu 

thereof “the Commonwealth of the Northern Mariana Islands,“. 

SEC.503.ACRlCULTURALSTORMWATERDISCHARGES. 

Section 502(14) (relating to the definition of point source) 

amended by inserting after “does not include” the following: “agricultural stormwater discharges and”. 

SEC. 504. PROTECTION OF INTERESTS OF UNITED STATES IN CITIZEN 

SUITS. 

Section 505(c) is amended by adding at the end thereof the follow- 

ingnewparagraph: 

“(3) PROTECTION OF INTERESTS OF UNITED sTATEs.-Whenever 

any action is brought under this section in a courtofthe United 

States, the plaintiff shall serve a copy of the complaint on the 

Attorney General and the Administrator. No consent judgment 

shall be entered in an action in which the United States is not 

party prior to 45 days following the receipt of a copy of th

proposed consent judgment by the Attorney General and th

Administrator.“. 

SEC.505.JUDlCIALREVIEWANDAWARDOFFEES. 

(a) LOCATION; DEADLINE FOR APPEAL.-section 509(b)(l) 

amended- 

(1) by striking out “transacts such business” and inserting i

lieu thereof, “transacts business which is directly affected b

such action";and 

(2) by striking out “ninety” and “ninetieth” and inserting i

lieu thereof “120” and “120th”, respectively. 

(b) VENUE; AWARD OF FEES.--section 509(b) is amended by adding 

at the end thereof the following new paragraphs: 

“(3) VENUE.- 

“(A) SELECTION PROCEDURE.-If applications for review 

the same agency action have been filed under paragraph (

of this subsection in 2 or more Circuit Courts of Appeals 

the United States and the Administrator has received writ
Records 

Records 

g 

days or less after receiving written n

first application, then the Administ

advise in writing the Administrative 

States Courts that applications have 

Circuit Courts of Appeals of the Un

identify each court for which he h

such applications have been filed w

receiving written notice of the filing 

plication. Pursuant to a system of ra

for this purpose, the Administrative 

within 3 business days of receiving s

the Administrator, select the court 

shall be filed from among those iden

trator. Upon notification of such s

trator shall promptly file the record 

purpose of review of agency action 

been remanded to the Administrator, 

filed in the Circuit Court of Appeals 

which remanded such action. 

“(B) ADMINISTRATIVE PRovIsIoNs

have been filed under paragraph (

two or more Circuit Courts of Appea

with respect to the same agency act

been filed in one of such courts purs

(Al, the other courts in which such 

filed shall promptly transfer such a

cuit Court of Appeals of the United 

record has been filed. Pending select

to subparagraph (A), any court in wh

been filed under paragraph (1) of thi

pone the effective date of the agenc

after the Administrative Office has 

which the record shall be filed. 

“(C) TRANSFERS.-Any court in wh

respect to any agency action has 

graph (1) of this subsection, includin

pursuant to subparagraph (A), may 

tion to any other Circuit Court of 

States for the convenience of the par

interest of justice. 

“(4) AWARD OF FRRs.-In any judicial 

subsection, the court may award costs 

reasonable attorney and expert witness 

or substantially prevailing party whenev

such award is appropriate.“. 

33 USC 1365. 

(cl CONFORMING AMENDMENT FOR CITIZE

first sentence of section 505(d) is amended b

or substantially prevailing” before “party”. 

SEC. 506. INDIAN TRIBES. 

33 USC 1378. 

Title V is amended by redesignating sec

erences thereto, as section 519 and by insertin

following new section: 
:ations within 30 

f the filing of the 

shall promptly 

:e of the United 

iled in 2 or more 

itates, and shall 

tten notice that 

0 days or less of 

le first such apselection devised 

thereupon shall, 

itten notice from 

hich the record 

by the Adminisn, the Adminis- 

,h court. For the 

1 has previously 

record shall be 

te United States 

?re applications 

his subsection in 

le United States 

d the record has 

b subparagraph 

ttions have been 

tions to the Cires in which the 

1 court pursuant 

application has 

z&ion may postm until 15 days 

ed the court in 

application with 

led under paray court selected 

er such applicas of the United 

otherwise in the 

ding under this 

ation (including 

) any prevailing 

determines that 

AcTIoNs.-The 

ting “prevailing 

8, and any ref- 

. section 51’7 the 

“(a) POLICY.-Nothing in this section shall be construed to aff

the application of section 101(g) of this Act, and all of the provisio

of this section shall be carried out in accordance with the provisio

of such section 101(g). Indian tribes shall be treated as States 

purposes of such section 101(g). 

“lb) ASSESSMENT OF SEWAGE TREATMENT NEEDS; REPORT.-T

Administrator, in cooperation with the Director of the Indi

Health Service, shall assess the need for sewage treatment works 

serve Indian tribes, the degree to which such needs will be m

through funds allotted to States under section 205 of this Act a

priority lists under section 216 of this Act, and any obstacles wh

prevent such needs from being met. Not later than one year af

the date of the enactment of this section, the Administrator sh

submit a report to Congress on the assessment under this subs

tion, along with recommendations specifying (1) how the Admin

trator intends to provide assistance to Indian tribes to develop was

treatment management plans and to construct treatment wo

under this Act, and (2) methods by which the participation in a

administration of programs under this Act by Indian tribes can 

maximized. 

“(cl RESERVATION OF FuNns.-The Administrator shall rese

each fiscal year beginning after September 30, 1986, before all

ments to the States under section 205(e), one-half of one percent 

the sums appropriated under section 207. Sums reserved under t

subsection shall be available only for grants for the development 

waste treatment management plans and for the construction 

sewage treatment works to serve Indian tribes. 

“(d) COOPERATIVE AGREEMENTS.-In order to ensure the consiste

implementation of the requirements of this Act, an Indian tribe a

the State or States in which the lands of such tribe are located m

enter into a cooperative agreement, subject to the review and 

proval of the Administrator, to jointly plan and administer 

requirements of this Act. 

“(e) TREATMENT AS STATES.-The Administrator is authorized 

, treat an Indian tribe as a State for purposes of title II and sectio

‘, 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, and 404 of this Act 

‘,the degree necessary to carry out the objectives of this section, 

only if- 

“(1) the Indian tribe has a governing body carrying 

substantial governmental duties and powers; 

“(2) the functions to be exercised by the Indian tribe perta

to the management and protection of water resources which 

held by an Indian tribe, held by the United States in trust 

Indians, held by a member of an Indian tribe if such proper

interest is subject to a trust restriction on alienation, or oth

wise within the borders of an Indian reservation; and 

“(3) the Indian tribe is reasonably expected to be capable, 

the Administrator’s judgment, of carrying out the functions 

be exercised in a manner consistent with the terms and p

poses of this Act and of all applicable regulations. 

Such treatment as a State may include the direct provision of fun

reserved under subsection (c) to the governing bodies of India

tribes, and the determination of priorities by Indian tribes, whe

not determined by the Administrator in cooperation with the Dire

tor of the Indian Health Service. The Administrator, in cooperatio
33 USC 1281. 

Regulations. 

Ante, p. 52. 

with the Director of the Indian Health 

make grants under title II of this Act in 

100 percent of the cost of a project. Not la

the date of the enactment of this section, t

consultation with Indian tribes, promulgate 

specify how Indian tribes shall be treated 

this Act. The Administrator shall, in promu

consult affected States sharing common w

mechanism for the resolution of any un

that may arise as a result of differing wat

may be set by States and Indian tribes loc

water. Such mechanism shall provide for 

relevant factors including, but not limited 

water quality permit requirements on u

dischargers, economic impacts, and presen

quality of the waters subject to such sta

should provide for the avoidance of such u

in a manner consistent with the objective o

“(0 GRANTS FOR NONPOINT SOURCE P

trator shall make grants to an Indian tribe 

Act as though such tribe was a State. No

one percent of the amount appropriated 

section 319 may be used to make grants 

addition to the requirements of section 31

required to meet the requirements of para

subsection (dl of this section in order 

“(g) ALASKA NATIVE ORGANIZATIONS.-N

shall be construed to25 USC 476. 

“(1) grant, enlarge, or diminish, or in 

of the governmental authority, if an

organization, including any federally

tional Alaska Native council, or Native 

ant to the Act of June 18, 1934 (48 

persons in Alaska; 

“(2) create or validate any assertion 

any form of governmental authority 

Alaska; or 

“(3) in any way affect any assertion 

defined in section 1151 of title 18, Uni

does not exist in Alaska. 

“(h) DEFINITIONS.-For purposes of this s

“(1) ‘Federal Indian reservation’ m

limits of any Indian reservation und

United States Government, notwithstan

patent, and including rights-of-way 

ervation; and 

“(21 ‘Indian tribe’ means any India

community recognized by the Secre

exercising governmental authority 

reservation.“. 

33 USC 1362 

note. 

33 USC 1251 

note. 

SEC. 507. DEFINITION OF POINT SOURCE. 

For purposes of the Federal Water Pollut

“point source” includes a landfill leachate 
nt not to exceed 

18 months after 

Gstrator shall, in 

3gulations which 

s for purposes of 

such regulations, 

es and provide a 

Je consequences 

y standards that 

ommon bodies of 

consideration of 

Tects of differing 

and downstream 

<torical uses and 

iuch mechanism 

ole consequences 

I. 

-The Adminisaction 319 of this 

han one-third of 

iscal year under 

is subsection. In 

an tribe shall be 

11, (21, and (31 of 

3 such a grant. 

sion of this Act 

I affect the scope 

I Alaska Native 

d tribe, tradiorganized pursu- 

‘1, over lands or 

organization or 

d.5 or persons in 

dian country, as 

s Code, exists or 

e termland within the 

risdiction of the 

? issuance of any 

hrough the resband, group, or 

he Interior and 

Federal Indian 

-01 Act, the term 

system. 

SEC. 508. SPECIAL PROVISIONS REGARDING CERTAIN DUMPING S

(al FINDING.-The Congress finds that the New York Bight A

is no longer a suitable location for the ocean dumping of munici

sludge. 

(bl GENERAL RULE.-Title I of the Marine Protection, Resea

and Sanctuaries Act of 1972 (33 USC. 1401 et seq.1 is furt

amended by inserting after section 104 the following new sec

“SPECIAL PROVISIONS REGARDING CERTAIN DUMPING SITES 

“SEC. 104A. (a) NEW YORK BIGHT APEX.-(~) For purposes of 

subsection: 

“(A) The term ‘Apex’ means the New York Bight A

consisting of the ocean waters of the Atlantic Ocean westw

of 73 degrees 30 minutes west longitude and northward o

degrees 10 minutes north latitude. 

“(B) The term ‘Apex site’ means that site within the Ape

which the dumping of municipal sludge occurred before O

ber 1,1983. 

“(C) The term ‘eligible authority’ means any sewerage auth

ity or other unit of State or local government that on Novem

2, 1983, was authorized under court order to dump munici

sludge at the Apex site. 

“(2) No person may apply for a permit under this title in relat

to the dumping of, or the transportation for purposes of dump

municipal sludge within the Apex unless that person is an elig

authority. 

“(3) The Administrator may not issue, or renew, any permit un

this title that authorizes the dumping of, or the transportation 

purposes of dumping, municipal sludge within the Apex after 

earlier of- 

“(A) December 15,1987; or 

“(B) the day determined by the Administrator to be the 

day on which municipal sludge generated by eligible authorit

can reasonably be dumped at a site designated under section 

other than a site within the Apex. 

“(bl RESTRICTION ON USE OF THE ~O~-MILE SITE.-The Admi

trator may not issue or renew any permit under this title w

authorizes any person, other than a person that is an elig

authority within the meaning of subsection (aXlXC1, to dump, o

transport for the purposes of dumping, municipal sludge within 

site designated under section 102(c) by the Administrator and kno

as the ‘lOBMile Ocean Waste Dump Site’ (as described in 49 

190051.“. 

SEC.509.OCEANDISCHARGERESEARCHPROJECTS. 

(a) 'IN GENE&%-Notwithstanding any other provision of law, 

Administrator is authorized to issue a research permit to 

Orange County, California, Sanitation Districts for the discharge 

preconditioned municipal sewage sludge into the ocean for 

purpose of enabling research to be conducted in assessing 

analyzing the effects of disposing of sewage sludge by pipeline 

ocean waters- 

(1) if the Administrator is satisfied that such local gov

mental agency is actively pursuing long-term land-based opt

for the handling of its sludge with special emphasis on rem

disposal alternatives set forth in the 1980 LA/OMA slu
State and local 

governments 

Reports. 

management project and on reuse of sludge 

sludge; and 

33 USC 1311. 

(2) if the Administrator determines that the

of an unacceptable adverse effect on the 

result of issuance of such permit and that s

meet the requirements of paragraph (2) of se

Federal Water Pollution Control Act, as ame

and of the sentences following the first senten

if such permit were being issued under such s

(b) PERMITTERMS.- 

(1) PERIOD.-The permit for the discharge 

for a period of 5 years commencing on the 

charge and shall not be extended or renewed. 

(2) MONITORING.-Such permit shall provid

(including whole effluent monitoring) of pe

and other discharges into the ocean in the s

effects of such discharges (including cumu

conformance with requirements established 

trator, after consultation with appropriate 

agencies, and for the reporting of such monit

and the Administrator every 6 months. 

Fish and fishing. 

Wildlife. 

(3) VOLUME OF DISCHARGE.-such permit 

the volume of such local agency’s sludge d

experimental pipeline shall be no more than 

times that being disposed of by such remote 

natives for the reuse of sludge and the use of 

no event shall the agency dispose of more tha

sludge by the pipeline. 

(4) TERMINATION.-The permit shall provid

of the permit if the Administrator determines 

of sewage sludge is resulting in an unacceptab

on fish, shellfish, and wildlife. The Administr

nate a permit issued under this section if 

determines that there has been a decline 

quality of the receiving waters during the pe

even if a direct cause and effect relationship c

the effluent from a source with a permit 

section is contributing to a decline in ambien

the receiving waters, the Administrator sha

permit. 

33 USC 1251 

note. 

(c) LIMITATION ON PRECEDENT.-The facts and 

scribed in subsection (a) present a unique situatio

establish a precedent for the relaxation of the re

Federal Water Pollution Control Act applicable to 

discharges. 

(d) REPORT.-Such districts shall report the resu

and an analysis of such program to Congress und

later than four and one-half years after issuan

Mexico. SEC.510.SANDIEG0,CALIFORNIA. 

(a) PuRPosR.-The purpose of this section is to 

omy, public health, environment, surface water a

and water quality of the city of San Diego, Californ

ing areas, which are endangered and are being 

sewage emanating from the city of Tijuana, Mexico

(b) CONSTRUCTION GRANTS.-upon approval of t

and specifications, the Administrator is authorize
use of recycled 

is no likelihood 

ironment as a 

I permit would 

m 301(h) of the 

ed by this Act, 

of such section 

on. 

sludge shall be 

.te of such disfor monitoring 

tted discharges 

e area and the 

ive effects) in 

r the Adminisera1 and State 

ng to Congress 

11 provide that 

sed of by such 

le and one-half 

msal and alterr&d sludge. In 

0 percent of its 

or termination 

.at the disposal 

adverse impact 

or may termiAdministrator 

ambient water 

1 of the permit 

lot be shown. If 

ted under this 

.ater quality of 

erminate such 

urnstances dewhich will not 

rements of the 

iilarly situated 

If the program 

his section not 

of the permit. 

)tect the econniblic beaches, 

and surroundJluted by raw 

ecessary plans 

o make grants 

to the Secretary of State, acting through the American Section o

the International Boundary and Water Commission (hereinafter i

this section referred to as the “Commission”1, or any other Federa

agency or any other appropriate commission or entity designated b

the President. Such grants shall be for construction of a projec

consisting of- 

(1) defensive treatment works to protect the residents of th

city’of San Diego, California, and surrounding areas from pollu

tion resulting from any inadequacies or breakdowns i

wastewater treatment works and systems in Mexico; and 

(2) treatment works in the city of San Diego, California, t

provide primary or more advanced treatment of mumclpal 

sewage and industrial waste from Mexico, including the city o

Tijuana, Mexico. 

(c) LIMITATION ON GRANT%-Notwithstanding subsection (h), th

Administrator may make grants for construction of treatment 

works described in subsection (b)(2) only if, after public notice an

comment, the Administrator determines that treatment works i

Mexico, in conjunction with any defensive treatment works co

structed under this or any other Act, are not sufficient to protect th

residents of the city of San Diego, California, and surrounding area

from water pollution originating m Mexico. 

(d) OPERATION AND MAINTENANCE.-The Commission or suc

other agency, commission, or entity as may be designated unde

subsection (b) is authorized to operate and maintain any treatment 

works constructed under subsection o>) in order to accomplish th

purposes of this section. 

(ej APPROVAL OF PUNS.-Anv treatment works for which a gran

is made under this section shdl be constructed in accordance with 

plans developed by the Commission or such other agency, commission

or entity. as may be designated under subsection (b), in consultation 

with the city of San Diego, and approved by the Administrator to me

the construction standards which would be applicable if such trea

ment works were being constructed under title II of the Federa

Water Pollution Control Act. 

(fl FEDERAL SHARE.-Construction of the treatment works unde

subsection (h) shall be at full Federal expense less any costs paid b

the State of California and less any costs paid by the Government 

Mexico as a result of agreements negotiated with the United State

(g) OCEAN OUTFALL PERMIT.-Notwithstanding section 301(j) of th

Federal Water Pollution Control Act, upon application of the city 

San Diego, California, the Administrator may issue a permit unde

section 301(h) of such Act which modifies the requirements 

section 301(b)(l)(B) of such Act to permit the discharge of pollutants 

for any ocean outfall constructed with Federal assistance under th

section if the Administrator finds that issuing such permit is in th

best interests of achieving the goals and requirements of such Ac

The Administrator may waive the requirements of section 301(hX

of such Act with respect to the issuance of such permit if th

Administrator finds that such waiver is in the best interests 

achieving the goals and requirements of such Act. 

(hl TREATMENT OF SAN DIEGO SEW&X.--If any treatment wor

constructed pursuant to this section becomes no longer necessary 

provide protection from pollution originating in Mexico, the city 

San Diego, California, may use such treatment works to tre

municipal and individual waste originating in the city of San Die

and surrounding areas if the city of San Diego enters into a bindin
agreement with the Administrator to pay to 

percent of the costs incurred in the constructi

works. 

33 USC 1292. 

Grants. 

(i) DEFINITIONS.-For purposes of this section

tion” and “treatment works” have the mean

under section 212 of the Federal Water P

(j) AUTHORIZATION OF APPROPRIATIONS.-The

appropriated for fiscal years beginning afte

such sums as may be necessary to the Adminis

under this section and such sums as may 

Commission or such other agency, commiss

President may designate under subsection 

section. 

SEC. 511. LIMITATION ON DISCHARGE OF RAW 

CITY. 

(a) IN GENERAL.- 

(1) NORTH RIVER PLANT.-lf the wastew

identified in the consent decree as the 

not achieved advanced preliminary treatm

the terms of the consent decree by Augu

New York shall not discharge raw sewa

area of such plant (as defined in the 

navigable waters after such date in an am

for any 30day period than an amount 

average daily amount of raw sewage 

drainage area during the 12-month period 

of the date on which such plant be

March 15? 1986 (as determined by the Ad

provided m subsection (b). 

(2) RED HOOK PLANT.-If the wastewa

identified in the consent decree as the R

achieved advanced preliminary treatment 

terms of the consent decree by August 1

York shall not discharge raw sewage from 

such plant (as defined in the consent 

waters after such date in an amount which 

day period than an amount equal to 30 t

amount of raw sewage discharged from 

during the 1Zmonth period ending on the 

which such plant becomes operational 

flr@I$ned by the Administrator), except 

(b) WAIVERS.- 

(1) INTERRUPTION 0F PUNT OPERATION.-I

significant interruption in the operation 

plant or the Red Hook plant caused by 

subparagraph (A), (B), or (C) of paragraph 

applicable deadline established under 

Administrator shall waive the limitation 

respect to such plant, but only to such 

limited period of time as may be reasona

city of New York to resume operation of s

(2) INCREASED PRECIPITATION.-In the ev

precipitation occurring after the applicable 

under subsection (a) causes the dischar

exceed the limitation under subsection 
nited States 45 

such treatment 

3rms “construclch terms have 

n Control Act. 

uthorized to be 

mber 30, 1986, 

to make grants 

tcessary to the 

. entity as the 

carry out this 

: BY NEW YORK 

reatment plant 

liver plant has 

required under 

386, the city of 

n the drainage 

It decree) into 

rhich is greater 

o 30 times the 

:ed from such 

: on the earlier 

operational or 

ator), except as 

eatment plant 

: plant has not 

(ired under the 

he city of New 

mainage area of 

into navigable 

rter for any 30- 

! average daily 

drainage area 

of the date on 

h 15, 1987 (as 

ided in subsec3 event of any 

? North River 

it described in 

rring after the 

:tion (a), the 

action (a) with 

and for such 

‘essary for the 

t 

the volume of 

ne established 

aw sewage to 

Administrator 

shall waive the limitation of subsection (a) with respect to eith

or both such plants, but only to such extent and for such limite

period of time as the Administrator determines to be necess

to take into account the increased discharge caused by s

volume of precipitation. 

(3) VARIATIONS IN CERTAIN NORTH RIVER DRAINAGE AREA 

CHARGES.-ID the event that an increase in discharges from 

North River drainage area constituting a violation of subsecti

(a)(l) is due to a random or seasonal variation, and that a

sewer hookup occurring, or permit for a sewer hookup grante

after July 31, 1986, is not responsible for such violation, 

Administrator shall waive the limitation of subsection (a)(l), 

only to such extent and for such limited period of time as 

Administrator determines to be reasonably necessary to ta

into account such random or seasonal variation. 

(4) VARIATIONS IN CERTAIN RED HOOK DRAINAGE AREA 

CHARGES.-ID the event that an increase in discharges from 

Red Hook drainage area constituting a violation of subsecti

(a)(2) is due to a random or seasonal variation, and that a

sewer hookup occurring, or permit for a sewer hookup grante

after July 31, 1987, is not responsible for such violation, 

Administrator shall waive the limitation of subsection (a)(2), 

only to such extent and for such limited period of time as 

Administrator determines to be reasonably necessary to ta

into account such random or seasonal variation. 

(5) CIRCUMSTANCES BEYOND crm’s CONTROL.-The Admin

trator shall extend either deadline under paragraph (1) or (2

subsection (a) to such extent and for such limited period of ti

as may be reasonably required to take into account any

(A) act of war, 

(B) unanticipated grave natural disaster or other natur

phenomenon of an exceptional, inevitable, and irresistibl

character, the effects of which could not have been p

vented or avoided by the exercise of due care or foresight, 

(C) other circumstances beyond the control of the city 

New York, except such circumstances shall not include 

the unavailability of Federal funds under section 201 of 

Federal Water Pollution Control Act, (ii) the unavailability 

of funds from the city of New York or the State of N

York, or (iii) a policy decision made by the city of New Yo

or the State of New York to delay the achievement 

advanced preliminary treatment at the North River pla

or Red Hook plant beyond the applicable deadline set fo

in subsection (a). 

(c) PENALTIES.-Except as otherwise provided in subsection 

any violation of subsection (a) shall be considered to be a violation 

section 301 of the Federal Water Pollution Control Act, and 

provisions of such Act relating to violations of such section 301 sh

apply. 

(d) CONSENT DECREE DEFINED.-For purposes of this section, 

term “consent decree” means the consent decree entered i

by the Environmental Protection Agency, the city of New York, a

the State of New York, on December 30, 1982, relating to constru

tion and operation of the North River and Red Hook wastewat

treatment plants. 
(e) GooPERATION.-The Administrator shall wor

New York to eliminate the discharge of raw sewa

the earliest practicable date. 

(0 SAVINGS CLAUSE-Nothing in this section sh

modifying the terms of the consent decree. 

(g) SENSE OF CONGRESS.-It is the sense of 

Administrator should not agree to any further m

consent decree with respect to the schedule for a

preliminary treatment. 

(hl TERMINATION DATES.- 

(1) NORTH RIVER PLANT.-The provisions of 

remain in effect with respect to the North R

until such time as the North River plant has 

preliminary treatment (as defined in the con

period of six consecutive months. 

(2) RED HOOK PLANT.-The provisions of 

remain in effect with respect to the Red Ho

until such time as the Red Hook plant has a

preliminary treatment (as defined in the con

period of six consecutive months. 

(il MONITORING AcTIvrrIEs.-The Administrator 

establish and carry out a program within availabl

ment the monitoring activities which may be requ

tion (a). 

6) ESTABLISHMENT OF MErHonoLoGIEs.-The Ad

establish the methodologies, data base, and any 

required for making determinations under subsect

(1) for the North River drainage area (

consent decree) by July 31, 1986, unless the 

subsection (h)(l) have been satisfied, and 

(2) for the Red Hook drainage area (as defin

decree) by July 31, 1987, unless the requireme

(hX21 have been satisfied. 

(k) VIOLATIONS.-II1 carrying out this section, if 

finds that a violation of subsection (a) has occur

trator shall also determine, within 30 days af

whether a provision of subsection (b) applies. If 

requires information from the city of New York 

mine whether a provision of subsection (bl appl

trator shall request such information. If the city 

not supply the information requested by the A

Administrator shall determine that subsection (

The city of New York shall be responsible only fo

are necessary to provide such requested informatio

action pursuant to subsection (cl shall be commen

such 30 days unless a provision of subsection (bl ap

33 USC1251 

note. 

SEC. 512. OAKWOOD BEACH AND RED HOOK PROJECT

(a) RELOCATION OF NATURAL GAS FAcxLrTrEs.-

any provision of the Federal Water Pollution 

Administrator shall pay, to the extent provided 

Acts, in the same proportion as the Federal shar

costs, all expenses for the relocation of facilities f

of natural gas with respect to the entire waste

works known as the Oakwood Beach (EPA Grant 

and Red Hook (EPA Grant Numbered 360394) pr
h the city of 

such city at 

construed as 

?ss that the 

:ation of the 

ng advanced 

section shall 

rainage area 

led advanced 

decree) for a 

section shall 

rainage area 

.ed advanced 

decree1 for a 

311 promptly 

?ds to implemder subsecstrator shall 

information 

,- 1 

fined in the 

uirements of 

I the consent 

of subsection 

dministrator 

:he Adminisuch finding, 

dministrator 

der to deter- 

;he Adminis- 

,w York does 

istrator, the 

?s not apply. 

I expenses as 

Enforcement 

It the end of 

YORK. 

withstanding 

rol Act, the 

:ppropriation 

>ther project 

! distribution 

!r treatment 

sred 360392) 

;, New York. 

(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be 

appropriated for fiscal years beginning after September 30,1986, not 

to exceed $7,000,000 to carry out this section. 

SEC. 513. BOSTON HARBOR AND ADJACENT WATERS. 

(al GRAN’rs-The Administrator shall make grants to the 

Massachusetts Water Resource Authority for purposes of- 

(1) assessing the principal factors having an adverse effect on 

the environmental quality of Boston Harbor and its adjacent 

waters; 

(21 developing and implementing a management program to 

improve the water quality of such Harbor and waters; and 

(3) constructing necessary waste water treatment works for 

providing secondary treatment for the areas served by such 

authority. 

(b) FEDERAL SHARE.-The Federal share of projects described in 

subsection (a) shall not exceed 75 percent of the cost of construction 

thereof. 

(c) EMERGENCY IMPROVEMENTS.-The Administrator is authorized 

and directed to make grants to the Massachusetts Water Resource 

Authority for a project to undertake emergency improvements at 

the Deer Island Waste Water Treatment Plant in Boston, Massachusetts. The Federal share of such project shall not exceed 75 percent 

of the cost of carrying out such improvements. 

(d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be 

appropriated $100,000,000 to carry out this section for fiscal years 

beginning after September 30, 1986, to remain available until ex

pended. Such sums shall be in addition to and not in lieu of any 

other amounts authorized to be appropriated under title II of the 

Federal Water Pollution Control Act. 

SEC. 514. WASTEWATER RECLAMATION DEMONSTRATION. 

(a) AUTHORITY TO MAKE GRANTS .-The Administrator is au- 

thorized to make a grant to the San Diego Water Reclamation 

Agency, California, to demonstrate and field test for public use 

innovative processes which advance the technology of wastewater 

reclamation and which promote the use of reclaimed wastewater. 

(b) FEDERAL SHARE.-The Federal share of grants made under this 

section shall be 85 percent of the costs of conducting such demonstration and field test. 

(cl AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be 

appropriated not to exceed $2,000,000 to carry out this section for 

fiscal years beginning after September 30,1986. 

SEC. 515. DES MOINES, IOWA. 

(a) GRANT.-The Administrator is authorized to make a grant to 

the city of Des Moines, Iowa, for construction of the Central Sewage 

Treatment Plant component of the Des Moines, Iowa, metropolitan 

area project. The Federal share of such project shall be 75 percent o

the cost of construction. 

(b) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be 

appropriated to carry out this section not to exceed $50,000,000 for 

fiscal years beginning after September 30, 1986. Such sums shall be 

in addition to and not in lieu of any other amounts authorized to be 

appropriated under title II of the Federal Water Pollution Control 

Act. 
33 USC 1375 

note. 

Pollution. 

33 USC 1251 

note. 

33 USC 1375 

note. 

33 USC 1281. 

Ante, p. 20. 

33 USC 1375 

note. 

Pollution. 

33 USC 1314. 

SEC. 516. STUDY OF DE MINIMIS DISCHARGES. 

(a) STUDY.-The Administrator shall conduct a 

of pollutants into the navigable waters and their 

the Federal Water Pollution Control Act to dete

not there are discharges of pollutants into such 

which, in terms of volume, concentration, and typ

not significant and to determine the most effectiv

methods of regulating any such discharges. 

(b) REPORT.-Not later than 1 year after the dat

of this Act, the Administrator shall submit to 

Public Works and Transportation of the House 

and the Committee on Environment and Public W

a report on the results of such study along with 

and findings concerning the most effective and ap

of regulating any discharges of pollutants into th

in amounts which the Administrator determines 

to be not significant. 

SEC. 517. STUDY OF EFFECTIVENESS OF INNOVATIVE 

PROCESSES AND TECHNIQUES. 

(a) EFFECTIVENESS STUDY.-The Administrator 

effectiveness on waste treatment of innovative 

wastewater treatment processes and techniques 

tion 201(g)(5) of the Federal Water Pollution Cont

been utilized in treatment works constructed u

conducting such study, the Administrator shall co

by State, on the types of such processes and tech

the number of facilities constructed with such p

niques, and a description of such processes and 

have not performed to design standards. The A

also determine which States have not obligated t

aside under section 205(i) of such Act for such 

niques and the reasons for each such State’s fai

obligations. 

(b) REPORT.-Not later than one year after the 

ment of this Act, the Administrator shall submit 

on Public Works and Transportation of the Ho

tives and the Committee on Environment and P

Senate a report on the results of such study

ommendations for providing more effective incent

and alternative wastewater treatment processe

SEC. 518. STUDY OF TESTING PROCEDURES. 

(a) STUDY.-The Administrator shall study the 

for analysis of pollutants established under se

Federal Water Pollution Control Act. Such study 

not be limited to, an analysis of the adequacy and 

such procedures. In conducting the analysis of the 

such procedures, the Administrator shall cons

which such procedures are consistent with comp

established under other Federal laws. 

(b) REPORT.-Not later than 1 year after the dat

of this Act, the Administrator shall submit a repo

the study conducted under this subsection, t

ommendations for modifying the test procedur

subsection (a) to improve their effectiveness, to 

Public Works and Transportation of the House 
y of discharges 

klation under 

ne whether or 

?rs in amounts 

f pollutant, are 

nd appropriate 

the enactment 

Committee on 

tepresentatives 

s of the Senate 

:ommendations 

priate methods 

lvigable waters 

der such study 

1 ALTERNATIVE 

1911 study the 

nd alternative 

,rred to in sec1ct which have 

r such Act. In 

le information, 

les utilized, on 

ases and techhniques which 

nistrator shall 

ull amount set 

!sses and techto make such 

e of the enact- 

;he Committee 

of Representa- 

: Works of the 

ong with recfor innovative 

id techniques. 

:ng procedures 

304(h) of the 

11 include, but 

tdardization of 

ldardization of 

the extent to 

)le procedures 

the enactment 

I the results of 

ner with rec- 

*eferred to in 

Committee on 

epresentatives 

and the Committee on Environment and Public Works of the 

Senate. 

SEC. 519. STUDY OF PRETREATMENT OF TOXIC POLLUTANTS. 

(a) STUDY.-The Administrator shall study- 

(1) the adequacy of data on environmental impacts of toxic 

industrial pollutants discharged from publicly owned treatment 

works; 

(2) the extent to which secondary treatment at publicly owned 

treatment works removes toxic pollutants; 

(3) the capability of publicly owned treatment works to revise 

pretreatment requirements under section 307(b)(l) of the Federal Water Pollution Control Act; 

(4) possible alternative regulatory strategies for protecting the 

operations of publicly owned treatment works from industrial 

discharges, and shall evaluate the extent to which each such 

strategy identified may be expected to achieve the goals of this 

Act; 

(5) for each such alternative regulatory strategy, the extent to 

which removal of toxic pollutants by publicly owned treatment 

works results in contamination of sewage sludge and the extent 

to which pretreatment requirements may prevent such contamination or improve the ability of publicly owned treatment works 

to comply with sewage sludge criteria developed under section 

405 of the Federal Water Pollution Control Act; and 

(6) the adequacy of Federal, State, and local resources to 

establish, implement, and enforce multiple pretreatment limits 

for toxic pollutants for each such alternative strategy. 

(b) REP&T.-Not later than 4 years after the date of the enactment of this Act, the Administrator shall submit a report on the 

results of such study along with recommendations for improving the 

effectiveness of pretreatment requirements to the Committee on 

Public Works and Transportation of the House of Representatives 

and the Committee on Environment and Public Works of the 

Senate. 

SEC. 520. STUDIES OF WATER POLLUTION PROBLEMS IN AQUIFERS. 

(a) STUDIES.-The Administrator, in conjunction with State and 

local agencies and after providing an opportunity for full public 

participation, shall conduct studies for the purpose of identifying 

existing and potential point and nonpoint sources of pollution, and 

of identifying measures and practices necessary to control such 

sources of pollution, in the following groundwater systems and 

aquifers: 

(1) the groundwater system of the Upper Santa Cruz Basin 

and the Avra-Altar Basin of Pima, Pinal, and Santa Cruz 

Counties, Arizona; 

(2) the Spokane-Rathdrum Valley Aquifer, Washington and 

Idaho; 

(3) the Nassau and Suffolk Counties Aquifer, New York; 

(4) the Whidbey Island Aquifer, Washington; 

(5) the Unconsolidated Quaternary Aquifer, Rockaway River 

area, New Jersey; 

(6) contaminated ground water under Litchfield, Hartford, 

Fairfield, Tolland, and New Haven counties, Connecticut; and 

(7) the Sparta Aquifer, Arkansas. 
42 USC 1962d-20 

note. 

Fish and fishing. 

Environmental 

protection. 

33 USC 1251 

note. 

33 USC 1375 

note. 

(b) I&oRTs.-Not later than 2 years after the 

ment of this Act, the Administrator shall sub

report on the studies conducted under this section

(cl AUTHORIZATION OF APPROPRIATIONS.-There 

appropriated $7,000,000 for fiscal years beginn

ber 30,1986, to carry out this section. 

SEC. 521. GREAT LAKES CONSUMPTIVE USE STUDY. 

(al STUDY OF CONSUMPTIVE USES .-In recognit

impacts on the Great Lakes environment that m

of increased consumption of Great Lakes water

wetlands and reduction of fish spawning and ha

as serious economic losses to vital Great Lakes 

recognition of the national goal to provide environ

and preservation of our natural resources while 

tinued economic growth, the Secretary of the A

with the Administrator, other interested departm

instrumentalities of the United States, and the 

States, is authorized to conduct a study of the eff

water consumption on economic growth and env

in the Great Lakes region and of control mea

implemented to reduce the quantity of water con

(b) MATTERS INCLUDED.-The study authorized 

at a minimum include the following: 

(1) a review of the methodologies used to fo

consumptive uses, including an analysis of th

variables affecting such uses; 

(2) an analysis of the effect that enforceme

the Federal Water Pollution Control Act r

discharges has had on consumption of Great 

(3) an analysis of the effect of laws, re la

policy objectives on consumptive uses of tY rea

in manufacturing; 

(4) an analysis of the associated environmen

the economic effects on industry and othe

Great Lakes region associated with individual 

control strategies; and 

(5) a summary discussion containing rec

methods of controlling consumptive uses wh

mize benefits to the Great Lakes ecosystem 

continued full economic growth for consum

well as other industries which depend on the 

water. 

(c) GREAT LAKES STATES DEnNED.-For purpo

the term “Great Lakes States” means Minnesot

nois, Ohio, Michigan, Indiana, Pennsylvania, and 

(d) AUTHORIZATION OF APPROPRIATIONS.-There 

appropriated for fiscal years beginning after S

$750,000 to carry out this section. Sums appro

section shall remain available until expended. 

SEC. 522. SULFIDE CORROSION STUDY. 

(a) STunY.-The Administrator shall conduct a 

sive effects of sulfides in collection and treatm

extent to which the uniform imposition of categ

standards will exacerbate such effects, and the 

options to deal with such effects. 
to Congress a 

athorized to be 

after Septemof the serious 

:cur as a result 

eluding loss of 

; areas, as well 

ustries, and in 

ntal protection 

‘owing for conin cooperation 

;, agencies, and 

lt Great Lakes 

of Great Lakes 

mental quality 

?s that can be 

-N?d. 

lis section shall 

(4 REPORT.-Not later than 1 year after the date of the enactme

of this Act, the Administrator shall submit a report on the results 

the study, together with recommendations for measures to red

the corrosion of treatment works, to the Committee on Public Wo

and Transportation of the House of Representatives and 

Committee on Environment and Public Works of the Senate. 

(d) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to 

appropriated $l,OOO,OOO to carry out this section for fiscal ye

beginning after September 30,1986. 

SEC. 523. STUDY OF RAINFALL INDUCED INFILTRATION INTO SE

SYSTEMS. 

(a) STUDY.-The Administrator shall study problems associa

with rainfall induced infiltration into wastewater treatment se

systems. As part of such study, the Administrator shall study app

priate methods of regulating rainfall induced infiltration into 

sewer system of the East Bay Municipal Utility District, Californ

Ist Great Lakes 

nsitivity of key 

(b) REPORT.-Not later than one year after the date of the en

ment of this Act, the Administrator shall submit to Congres

report on the results of such study, along with recommendations 

reasonable methods to reduce such infiltration. 

SEC. 521. DAM WATER QUALITY STUDY. 

af provisions of The Administrator, in cooperation with interested States 

ing to thermal Federal agencies, shall study and monitor the effects on the qua

2s water; of navigable waters attributable to the impoundment of water 

s, and national dams. The results of such study shall be submitted to Congress 

tkes water used later than December 31,198’7. 

impacts and of 

lterests in the 

lnsumptive use 

SEC. 525. STUDY OF POLLUTION IN LAKE PEND OREILLE, IDAHO. 

nendations for 

methods maxialso provide for 

; industries as 

of Great Lakes 

The Administrator shall conduct a comprehensive study of 

sources of pollution in Lake Pend Oreille, Idaho, and the Clark F

River and its tributaries, Idaho, Montana, and Washington, for 

purpose of identifying the sources of such pollution. In conducti

such study, the Administrator shall consider existing studies, 

veys, and test results concerning such pollution. The Administrato

shall report to Congress the findings and recommendations conce

ing the study conducted under this section. 

of this section, 

Wisconsin, Illiv York. 

uthorized to be 

mber 30, 1986, 

ted under this 

JIM WRIGHT 

Speaker of the House of Representativ

JOHN C. STENNIS 

President of the Senate pro tem

dy of the corrot systems, the 

11 pretreatment 

ge of available 

conducted in consultation with the Los Angeles City and Cou

sanitation agencies. 

IN THE HOUSE OF REPRESENTATIVES, U.S., 

February 3, 

The House of Representatives having proceeded to reconsider the bill (H.R

entitled “An Act to amend the Federal Water Pollution Control Act to provide fo
President of the United States with his objections, to the H

which it originated, it was 

Resold, That the said bill pass, two-thirds of the 

agreeing to pass the same. 

D

I certify that this Act originated in the House of 

D

IN THE SENATE OF THE UNITED S

The Senate having proceeded to reconsider the bill (H

amend the Federal Water Pollution Control Act to provid

quality of the Nation’s waters, and for other purposes”, re

the United States with his objections, to the House of R

originated, and passed by the House of Representatives 

same, it was 

Resolued, That the said bill pass, twothirds of the Senato

the affirmative. 

Attest: 

LEGISLATIVE HISTORY-H.R. 1 (S. 1) (S. 761: 

CONGRESSIONAL RECORD, Vol. 133 (198’71: 

Jan. 8, considered and passed House. 

Jan. 14,16,20,21, considered and passed Senate. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMEN

Jan. 30, Presidential veto messages. 

CONGRESSIONAL RECORD, Vol. 133 (19871: 

Feb. 3, House overrode veto. 

Feb. 4, Senate overrode veto.