I 

113TH CONGRESS 

1ST SESSION H. R. 1829 

To amend the Federal Water Pollution Control Act to provide guidance 

and clarification regarding issuing new and renewal permits, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2013 

Mrs. CAPITO (for herself, Mr. BARR, Mr. SHIMKUS, Mrs. LUMMIS, Mr. STIVERS, Mrs. WAGNER, Mr. JOHNSON of Ohio, Mr. GRIFFITH of Virginia, 

Mr. WHITFIELD, Mr. MCKINLEY, and Mr. LATTA) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new 

and renewal permits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coal Jobs Protection 

5 Act of 2013’’. 


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1 SEC. 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION 

2 SYSTEM. 

3 (a) APPLICABILITY OF GUIDANCE.—Section 402 of 

4 the Federal Water Pollution Control Act (33 U.S.C. 1342) 

5 is amended by adding at the end the following: 

6 ‘‘(s) APPLICABILITY OF GUIDANCE.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) GUIDANCE.— 

9 ‘‘(i) IN GENERAL.—The term ‘guid10 ance’ means draft, interim, or final guid11 ance issued by the Administrator. 

12 ‘‘(ii) INCLUSIONS.—The term ‘guid13 ance’ includes— 

14 ‘‘(I) the comprehensive guidance 

15 issued by the Administrator and dated 

16 April 1, 2010; 

17 ‘‘(II) the proposed guidance enti18 tled ‘Draft Guidance on Identifying 

19 Waters Protected by the Clean Water 

20 Act’ and dated April 28, 2011; 

21 ‘‘(III) the final guidance pro22 posed by the Administrator and dated 

23 July 21, 2011; and 

24 ‘‘(IV) any other document or 

25 paper issued by the Administrator 

26 through any process other than the 


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1 notice and comment rulemaking proc2 ess. 

3 ‘‘(B) NEW PERMIT.—The term ‘new per4 mit’ means a permit covering discharges from a 

5 structure— 

6 ‘‘(i) that is issued under this section 

7 by a permitting authority; and 

8 ‘‘(ii) for which an application is— 

9 ‘‘(I) pending as of the date of en10 actment of this subsection; or 

11 ‘‘(II) filed on or after the date of 

12 enactment of this subsection. 

13 ‘‘(C) PERMITTING AUTHORITY.—The term 

14 ‘permitting authority’ means— 

15 ‘‘(i) the Administrator; or 

16 ‘‘(ii) a State, acting pursuant to a 

17 State program that is equivalent to the 

18 program under this section and approved 

19 by the Administrator. 

20 ‘‘(2) PERMITS.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law, in making a determina23 tion whether to approve a new permit or a re24 newed permit, the permitting authority— 


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1 ‘‘(i) shall base the determination only 

2 on compliance with regulations issued by 

3 the Administrator or the permitting au4 thority; and 

5 ‘‘(ii) shall not base the determination 

6 on the extent of adherence of the applicant 

7 for the new permit or renewed permit to 

8 guidance. 

9 ‘‘(B) NEW PERMITS.—If the permitting 

10 authority does not approve or deny an applica11 tion for a new permit by the date that is 270 

12 days after the date of receipt of the application 

13 for the new permit, the applicant may operate 

14 as if the application were approved in accord15 ance with Federal law for the period of time for 

16 which a permit from the same industry would 

17 be approved. 

18 ‘‘(C) SUBSTANTIAL COMPLETENESS.—In 

19 determining whether an application for a new 

20 permit or a renewed permit received under this 

21 paragraph is substantially complete, the permit22 ting authority shall use standards for deter23 mining substantial completeness of similar per24 mits for similar facilities submitted in fiscal 

25 year 2007.’’. 


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1 (b) STATE PERMIT PROGRAMS.— 

2 (1) IN GENERAL.—Section 402 of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1342) is 

4 amended by striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) STATE PERMIT PROGRAMS.— 

7 ‘‘(1) IN GENERAL.—At any time after the pro8 mulgation of the guidelines required by section 

9 304(I)(2), the Governor of each State desiring to ad10 minister a permit program for discharges into navi11 gable waters within the jurisdiction of the State may 

12 submit to the Administrator— 

13 ‘‘(A) a full and complete description of the 

14 program the State proposes to establish and ad15 minister under State law or under an interstate 

16 compact; and 

17 ‘‘(B) a statement from the attorney gen18 eral (or the attorney for those State water pol19 lution control agencies that have independent 

20 legal counsel), or from the chief legal officer in 

21 the case of an interstate agency, that the laws 

22 of the State, or the interstate compact, as ap23 plicable, provide adequate authority to carry out 

24 the described program. 


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1 ‘‘(2) APPROVAL.—The Administrator shall ap2 prove each program for which a description is sub3 mitted under paragraph (1) unless the Adminis4 trator determines that adequate authority does not 

5 exist— 

6 ‘‘(A) to issue permits that— 

7 ‘‘(i) apply, and ensure compliance 

8 with, any applicable requirements of sec9 tions 301, 302, 306, 307, and 403; 

10 ‘‘(ii) are for fixed terms not exceeding 

11 5 years; 

12 ‘‘(iii) can be terminated or modified 

13 for cause including— 

14 ‘‘(I) a violation of any condition 

15 of the permit; 

16 ‘‘(II) obtaining a permit by mis17 representation or failure to disclose 

18 fully all relevant facts; and 

19 ‘‘(III) a change in any condition 

20 that requires either a temporary or 

21 permanent reduction or elimination of 

22 the permitted discharge; and 

23 ‘‘(iv) control the disposal of pollutants 

24 into wells; 


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1 ‘‘(B)(i) to issue permits that apply, and 

2 ensure compliance with, all applicable require3 ments of section 308; or 

4 ‘‘(ii) to inspect, monitor, enter, and require 

5 reports to at least the same extent as required 

6 in section 308; 

7 ‘‘(C) to ensure that the public, and any 

8 other State the waters of which may be af9 fected, receives notice of each application for a 

10 permit and an opportunity for a public hearing 

11 before a ruling on each application; 

12 ‘‘(D) to ensure that the Administrator re13 ceives notice and a copy of each application for 

14 a permit; 

15 ‘‘(E) to ensure that any State (other than 

16 the permitting State), whose waters may be af17 fected by the issuance of a permit may submit 

18 written recommendations to the permitting 

19 State and the Administrator with respect to any 

20 permit application and, if any part of the writ21 ten recommendations are not accepted by the 

22 permitting State, that the permitting State will 

23 notify the affected State and the Administrator 

24 in writing of the failure of the State to accept 


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1 the recommendations, including the reasons for 

2 not accepting the recommendations; 

3 ‘‘(F) to ensure that no permit will be 

4 issued if, in the judgment of the Secretary of 

5 the Army acting through the Chief of Engi6 neers, after consultation with the Secretary of 

7 the department in which the Coast Guard is op8 erating, anchorage and navigation of any of the 

9 navigable waters would be substantially im10 paired by the issuance of the permit; 

11 ‘‘(G) to abate violations of the permit or 

12 the permit program, including civil and criminal 

13 penalties and other means of enforcement; 

14 ‘‘(H) to ensure that any permit for a dis15 charge from a publicly owned treatment works 

16 includes conditions to require the identification 

17 in terms of character and volume of pollutants 

18 of any significant source introducing pollutants 

19 subject to pretreatment standards under section 

20 307(b) into the treatment works and a program 

21 to ensure compliance with those pretreatment 

22 standards by each source, in addition to ade23 quate notice, which shall include information on 

24 the quality and quantity of effluent to be intro25 duced into the treatment works and any anticiVerDate Mar 15 2010 02:39 May 07, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1829.IH H1829

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1 pated impact of the change in the quantity or 

2 quality of effluent to be discharged from the 

3 publicly owned treatment works, to the permit4 ting agency of— 

5 ‘‘(i) new introductions into the treat6 ment works of pollutants from any source 

7 that would be a new source as defined in 

8 section 306 if the source were discharging 

9 pollutants; 

10 ‘‘(ii) new introductions of pollutants 

11 into the treatment works from a source 

12 that would be subject to section 301 if the 

13 source were discharging those pollutants; 

14 or 

15 ‘‘(iii) a substantial change in volume 

16 or character of pollutants being introduced 

17 into the treatment works by a source intro18 ducing pollutants into the treatment works 

19 at the time of issuance of the permit; and 

20 ‘‘(I) to ensure that any industrial user of 

21 any publicly owned treatment works will comply 

22 with sections 204(b), 307, and 308. 

23 ‘‘(3) ADMINISTRATION.—Notwithstanding para24 graph (2), the Administrator may not disapprove or 


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1 withdraw approval of a program under this sub2 section on the basis of the following: 

3 ‘‘(A) The failure of the program to incor4 porate or comply with guidance (as defined in 

5 subsection (s)(1)). 

6 ‘‘(B) The implementation of a water qual7 ity standard that has been adopted by the State 

8 and approved by the Administrator under sec9 tion 303(c).’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) Section 309 of the Federal Water Pol12 lution Control Act (33 U.S.C. 1319) is amend13 ed— 

14 (i) in subsection (c)— 

15 (I) in paragraph (1)(A), by strik16 ing ‘‘402(b)(8)’’ and inserting 

17 ‘‘402(b)(2)(H)’’; and 

18 (II) in paragraph (2)(A), by 

19 striking ‘‘402(b)(8)’’ and inserting 

20 ‘‘402(b)(2)(H)’’; and 

21 (ii) in subsection (d), in the first sen22 tence, by striking ‘‘402(b)(8)’’ and insert23 ing ‘‘402(b)(2)(H)’’. 

24 (B) Section 402(m) of the Federal Water 

25 Pollution Control Act (33 U.S.C. 1342(m)) is 


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1 amended in the first sentence by striking ‘‘sub2 section (b)(8) of this section’’ and inserting 

3 ‘‘subsection (b)(2)(H)’’. 

4 (c) SUSPENSION OF FEDERAL PROGRAM.—Section 

5 402(c) of the Federal Water Pollution Control Act (33 

6 U.S.C. 1342(c)) is amended— 

7 (1) by redesignating paragraph (4) as para8 graph (5); and 

9 (2) by inserting after paragraph (3) the fol10 lowing: 

11 ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith12 standing paragraphs (1) through (3), the Adminis13 trator may not disapprove or withdraw approval of 

14 a State program under subsection (b) on the basis 

15 of the failure of the following: 

16 ‘‘(A) The failure of the program to incor17 porate or comply with guidance (as defined in 

18 subsection (s)(1)). 

19 ‘‘(B) The implementation of a water qual20 ity standard that has been adopted by the State 

21 and approved by the Administrator under sec22 tion 303(c).’’. 

23 (d) NOTIFICATION OF ADMINISTRATOR.—Section 

24 402(d)(2) of the Federal Water Pollution Control Act (33 

25 U.S.C. 1342(d)(2)) is amended— 


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1 (1) by striking ‘‘(2) NO’’ and inserting the fol2 lowing: 

3 ‘‘(2) OBJECTION BY ADMINISTRATOR.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (C), no permit shall issue if— 

6 ‘‘(i) not later than 90 days after the 

7 date on which the Administrator receives 

8 notification under subsection (b)(2)(E), the 

9 Administrator objects in writing to the 

10 issuance of the permit; or 

11 ‘‘(ii) not later than 90 days after the 

12 date on which the proposed permit of the 

13 State is transmitted to the Administrator, 

14 the Administrator objects in writing to the 

15 issuance of the permit as being outside the 

16 guidelines and requirements of this Act.’’; 

17 (2) in the second sentence, by striking ‘‘When18 ever the Administrator’’ and inserting the following: 

19 ‘‘(B) REQUIREMENTS.—If the Adminis20 trator’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(C) EXCEPTION.—The Administrator 

23 shall not object to or deny the issuance of a 

24 permit by a State under subsection (b) or (s) 

25 based on the following: 


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1 ‘‘(i) Guidance, as that term is defined 

2 in subsection (s)(1). 

3 ‘‘(ii) The Administrator’s interpreta4 tion of a water quality standard that has 

5 been adopted by the State and approved by 

6 the Administrator under section 303(c).’’. 

7 SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. 

8 (a) IN GENERAL.—Section 404(a) of the Federal 

9 Water Pollution Control Act (33 U.S.C. 1344(a)) is 

10 amended— 

11 (1) by striking the section heading and all that 

12 follows through ‘‘SEC. 404. (a) The Secretary may 

13 issue’’ and inserting the following: 

14 ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL. 

15 ‘‘(a) PERMITS.— 

16 ‘‘(1) IN GENERAL.—The Secretary may issue’’; 

17 and 

18 (2) by adding at the end the following: 

19 ‘‘(2) DEADLINE FOR APPROVAL.— 

20 ‘‘(A) PERMIT APPLICATIONS.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in clause (ii), if an environmental as23 sessment or environmental impact state24 ment, as appropriate, is required under the 

25 National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.), the Sec2 retary shall— 

3 ‘‘(I) begin the process not later 

4 than 90 days after the date on which 

5 the Secretary receives a permit appli6 cation; and 

7 ‘‘(II) approve or deny an applica8 tion for a permit under this sub9 section not later than the latter of— 

10 ‘‘(aa) if an agency carries 

11 out an environmental assessment 

12 that leads to a finding of no sig13 nificant impact, the date on 

14 which the finding of no signifi15 cant impact is issued; or 

16 ‘‘(bb) if an agency carries 

17 out an environmental assessment 

18 that leads to a record of decision, 

19 15 days after the date on which 

20 the record of decision on an envi21 ronmental impact statement is 

22 issued. 

23 ‘‘(ii) PROCESSES.—Notwithstanding 

24 clause (i), regardless of whether the Sec25 retary has commenced an environmental 


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1 assessment or environmental impact state2 ment by the date described in clause (i)(I), 

3 the following deadlines shall apply: 

4 ‘‘(I) An environmental assess5 ment carried out under the National 

6 Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) shall be com8 pleted not later than 1 year after the 

9 deadline for commencing the permit 

10 process under clause (i)(I). 

11 ‘‘(II) An environmental impact 

12 statement carried out under the Na13 tional Environmental Policy Act of 

14 1969 (42 U.S.C. 4321 et seq.) shall 

15 be completed not later than 2 years 

16 after the deadline for commencing the 

17 permit process under clause (i)(I). 

18 ‘‘(B) FAILURE TO ACT.—If the Secretary 

19 fails to act by the deadline specified in clause 

20 (i) or (ii) of subparagraph (A)— 

21 ‘‘(i) the application, and the permit 

22 requested in the application, shall be con23 sidered to be approved; 

24 ‘‘(ii) the Secretary shall issue a permit 

25 to the applicant; and 


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1 ‘‘(iii) the permit shall not be subject 

2 to judicial review.’’. 

3 (b) STATE PERMITTING PROGRAMS.— 

4 (1) AUTHORITY OF EPA ADMINISTRATOR.—Sec5 tion 404(c) of the Federal Water Pollution Control 

6 Act (33 U.S.C. 1344(c)) is amended by striking 

7 ‘‘(c)’’ and inserting the following: 

8 ‘‘(c) AUTHORITY OF EPA ADMINISTRATOR.— 

9 ‘‘(1) POSSIBLE PROHIBITION OF SPECIFICA10 TION.—Until such time as the Secretary has issued 

11 a permit under this section, the Administrator is au12 thorized to prohibit the specification (including the 

13 withdrawal of specification) of any defined area as 

14 a disposal site, and he is authorized to deny or re15 strict the use of any defined area for specification 

16 (including the withdrawal of specification) as a dis17 posal site, whenever he determines, after notice and 

18 opportunity for public hearings, that the discharge 

19 of such materials into such area will have an unac20 ceptable adverse effect on municipal water supplies, 

21 shellfish beds and fishery areas (including spawning 

22 and breeding areas), wildlife, or recreational areas. 

23 Before making such determination, the Adminis24 trator shall consult with the Secretary. The Admin25 istrator shall set forth in writing and make public 


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1 his findings and his reasons for making any deter2 mination under this subsection. 

3 ‘‘(2) AUTHORITY OF STATE PERMITTING PRO4 GRAMS.—Paragraph (1) shall not apply to any per5 mit if the State in which the discharge originates or 

6 will originate does not concur with the Administra7 tor’s determination that the discharge will result in 

8 an unacceptable adverse effect as described in para9 graph (1).’’. 

10 (c) STATE PROGRAMS.—The first sentence of section 

11 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended 

12 by striking ‘‘for the discharge’’ and inserting ‘‘for some 

13 or all of the discharges’’. 

14 SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY ON EM15 PLOYMENT AND ECONOMIC ACTIVITY. 

16 (a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY17 MENT AND ECONOMIC ACTIVITY.— 

18 (1) ANALYSIS.—Before taking a covered action, 

19 the Administrator shall analyze the impact, 

20 disaggregated by State, of the covered action on em21 ployment levels and economic activity, including esti22 mated job losses and decreased economic activity. 

23 (2) ECONOMIC MODELS.— 


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1 (A) IN GENERAL.—In carrying out para2 graph (1), the Administrator shall utilize the 

3 best available economic models. 

4 (B) ANNUAL GAO REPORT.—Not later 

5 than December 31st of each year, the Comp6 troller General of the United States shall sub7 mit to Congress a report on the economic mod8 els used by the Administrator to carry out this 

9 subsection. 

10 (3) AVAILABILITY OF INFORMATION.—With re11 spect to any covered action, the Administrator 

12 shall— 

13 (A) post the analysis under paragraph (1) 

14 as a link on the main page of the public Inter15 net Web site of the Environmental Protection 

16 Agency; and 

17 (B) request that the Governor of any State 

18 experiencing more than a de minimis negative 

19 impact post such analysis in the Capitol of such 

20 State. 

21 (b) PUBLIC HEARINGS.— 

22 (1) IN GENERAL.—If the Administrator con23 cludes under subsection (a)(1) that a covered action 

24 will have more than a de minimis negative impact on 

25 employment levels or economic activity in a State, 


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1 the Administrator shall hold a public hearing in each 

2 such State at least 30 days prior to the effective 

3 date of the covered action. 

4 (2) TIME, LOCATION, AND SELECTION.—A pub5 lic hearing required under paragraph (1) shall be 

6 held at a convenient time and location for impacted 

7 residents. In selecting a location for such a public 

8 hearing, the Administrator shall give priority to loca9 tions in the State that will experience the greatest 

10 number of job losses. 

11 (c) NOTIFICATION.—If the Administrator concludes 

12 under subsection (a)(1) that a covered action will have 

13 more than a de minimis negative impact on employment 

14 levels or economic activity in any State, the Administrator 

15 shall give notice of such impact to the State’s Congres16 sional delegation, Governor, and Legislature at least 45 

17 days before the effective date of the covered action. 

18 (d) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Environ22 mental Protection Agency. 

23 (2) COVERED ACTION.—The term ‘‘covered ac24 tion’’ means any of the following actions taken by 


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1 the Administrator under the Federal Water Pollu2 tion Control Act (33 U.S.C. 1201 et seq.): 

3 (A) Issuing a regulation, policy statement, 

4 guidance, response to a petition, or other re5 quirement. 

6 (B) Implementing a new or substantially 

7 altered program. 

8 (3) MORE THAN A DE MINIMIS NEGATIVE IM9 PACT.—The term ‘‘more than a de minimis negative 

10 impact’’ means the following: 

11 (A) With respect to employment levels, a 

12 loss of more than 100 jobs. Any offsetting job 

13 gains that result from the hypothetical creation 

14 of new jobs through new technologies or govern15 ment employment may not be used in the job 

16 loss calculation. 

17 (B) With respect to economic activity, a 

18 decrease in economic activity of more than 

19 $1,000,000 over any calendar year. Any offset20 ting economic activity that results from the hy21 pothetical creation of new economic activity 

22 through new technologies or government em23 ployment may not be used in the economic ac24 tivity calculation. 


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1 SEC. 5. IDENTIFICATION OF WATERS PROTECTED BY THE 

2 CLEAN WATER ACT. 

3 (a) IN GENERAL.—The Secretary of the Army and 

4 the Administrator of the Environmental Protection Agen5 cy may not— 

6 (1) finalize, adopt, implement, administer, or 

7 enforce the proposed guidance described in the no8 tice of availability and request for comments entitled 

9 ‘‘EPA and Army Corps of Engineers Guidance Re10 garding Identification of Waters Protected by the 

11 Clean Water Act’’ (EPA–HQ–OW–2011–0409) (76 

12 Fed. Reg. 24479 (May 2, 2011)); and 

13 (2) use the guidance described in paragraph 

14 (1), any successor document, or any substantially 

15 similar guidance made publicly available on or after 

16 December 3, 2008, as the basis for any decision re17 garding the scope of the Federal Water Pollution 

18 Control Act (33 U.S.C. 1251 et seq.) or any rule19 making. 

20 (b) RULES.—The use of the guidance described in 

21 subsection (a)(1), or any successor document or substan22 tially similar guidance made publicly available on or after 

23 December 3, 2008, as the basis for any rule shall be 

24 grounds for vacating the rule. 


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1 SEC. 6. LIMITATIONS ON AUTHORITY TO MODIFY STATE 

2 WATER QUALITY STANDARDS. 

3 (a) STATE WATER QUALITY STANDARDS.—Section 

4 303(c)(4) of the Federal Water Pollution Control Act (33 

5 U.S.C. 1313(c)(4)) is amended— 

6 (1) by redesignating subparagraphs (A) and 

7 (B) as clauses (i) and (ii), respectively; 

8 (2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 

9 (3) by striking ‘‘The Administrator shall pro10 mulgate’’ and inserting the following: 

11 ‘‘(B) The Administrator shall promulgate;’’ 

12 and 

13 (4) by adding at the end the following: 

14 ‘‘(C) Notwithstanding subparagraph 

15 (A)(ii), the Administrator may not promulgate 

16 a revised or new standard for a pollutant in any 

17 case in which the State has submitted to the 

18 Administrator and the Administrator has ap19 proved a water quality standard for that pollut20 ant, unless the State concurs with the Adminis21 trator’s determination that the revised or new 

22 standard is necessary to meet the requirements 

23 of this Act.’’. 

24 (b) FEDERAL LICENSES AND PERMITS.—Section 

25 401(a) of such Act (33 U.S.C. 1341(a)) is amended by 

26 adding at the end the following: 


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1 ‘‘(7) With respect to any discharge, if a State 

2 or interstate agency having jurisdiction over the nav3 igable waters at the point where the discharge origi4 nates or will originate determines under paragraph 

5 (1) that the discharge will comply with the applica6 ble provisions of sections 301, 302, 303, 306, and 

7 307, the Administrator may not take any action to 

8 supersede the determination.’’. 

9 SEC. 7. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 

10 ITS BOUNDARIES. 

11 Section 303 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1313) is amended by striking subsection 

13 (d)(2) and inserting the following: 

14 ‘‘(2)(A) Each State shall submit to the Admin15 istrator from time to time, with the first such sub16 mission not later than 180 days after the date of 

17 publication of the first identification of pollutants 

18 under section 304(a)(2)(D), the waters identified 

19 and the loads established under paragraphs (1)(A), 

20 (1)(B), (1)(C), and (1)(D) of this subsection. The 

21 Administrator shall approve the State identification 

22 and load or announce his disagreement with the 

23 State identification and load not later than 30 days 

24 after the date of submission and if— 


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1 ‘‘(i) the Administrator approves the identi2 fication and load submitted by the State in ac3 cordance with this subsection, such State shall 

4 incorporate them into its current plan under 

5 subsection (e); and 

6 ‘‘(ii) the Administrator announces his dis7 agreement with the identification and load sub8 mitted by the State in accordance with this sub9 section he shall submit, not later than 30 days 

10 after the date that the Administrator announces 

11 his disagreement with the State’s submission, to 

12 such State his written recommendation of those 

13 additional waters that he identifies and such 

14 loads for such waters as he believes are nec15 essary to implement the water quality standards 

16 applicable to such waters. 

17 ‘‘(B) Upon receipt of the Administrator’s rec18 ommendation the State shall within 30 days either— 

19 ‘‘(i) disregard the Administrator’s rec20 ommendation in full and incorporate its own 

21 identification and load into its current plan 

22 under subsection (e); 

23 ‘‘(ii) accept the Administrator’s rec24 ommendation in full and incorporate its identi25 fication and load as amended by the AdminisVerDate Mar 15 2010 02:39 May 07, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1829.IH H1829

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1 trator’s recommendation into its current plan 

2 under subsection (e); or 

3 ‘‘(iii) accept the Administrator’s rec4 ommendation in part, identifying certain addi5 tional waters and certain additional loads pro6 posed by the Administrator to be added to such 

7 State’s identification and load and incorporate 

8 the such State’s identification and load as 

9 amended into its current plan under subsection 

10 (e). 

11 ‘‘(C)(i) If the Administrator fails to either ap12 prove the State identification and load or announce 

13 his disagreement with the State identification and 

14 load within the time specified in this subsection then 

15 such State’s identification and load is deemed ap16 proved and such State shall incorporate the identi17 fication and load that it submitted into its current 

18 plan under subsection (e). 

19 ‘‘(ii) If the Administrator announces his dis20 agreement with the State identification and load but 

21 fails to submit his written recommendation to the 

22 State within 30 days as required by subparagraph 

23 (A)(ii) then such State’s identification and load is 

24 deemed approved and such State shall incorporate 


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26 

•HR 1829 IH

1 the identification and load that it submitted into its 

2 current plan under subsection (e). 

3 ‘‘(D) This section shall apply to any decision 

4 made by the Administrator under this subsection 

5 issued on or after March 1, 2013.’’. 

Æ 


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