I

103D CONGRESS

2D SESSION H. R. 4226

To amend the Federal Water Pollution Control Act to provide for a national

estuary pollution prevention demonstration program.

IN THE HOUSE OF REPRESENTATIVES

APRIL 14, 1994

Mr. MACHTLEY introduced the following bill; which was referred jointly to the

Committees on Public Works and Transportation and Merchant Marine

and Fisheries

A BILL

To amend the Federal Water Pollution Control Act to provide for a national estuary pollution prevention demonstration program.

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

3 SECTION 1. NATIONAL ESTUARY POLLUTION PREVENTION.

4 Section 320 of the Federal Water Pollution Control

5 Act (33 U.S.C. 1330) is amended—

6 (1) by redesignating subsection (k) as sub7 section (l); and

8 (2) by inserting after subsection (j) the follow9 ing:
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1 ‘‘(k) POLLUTION PREVENTION DEMONSTRATION

2 PROGRAM.—

3 ‘‘(1) ESTABLISHMENT.—The Administrator, in

4 coordination with the Director of the National Insti5 tute of Standards and Technology and appropriate

6 officials of those States which have any portion of an

7 estuary for which a conservation and management

8 plan has been approved under this section located in

9 their boundaries, shall establish a multimedia na10 tional estuary pollution prevention demonstration

11 program to increase the use of modernizing indus12 trial source reduction practices (as defined in section

13 6603(5) of the Pollution Prevention Act of 1990 (42

14 U.S.C. 13102(5)) through demonstrations in such

15 estuaries.

16 ‘‘(2) REGISTRY OF TECHNOLOGIES.—The Ad17 ministrator, in consultation with the appropriate of18 ficials of State technical assistance offices and the

19 Director of the National Institute of Standards and

20 Technology, shall maintain a registry of modernizing

21 toxic use and waste reduction technologies requiring

22 demonstration.

23 ‘‘(3) PARTICIPATION.—Any person with a per24 mit issued under section 402 to discharge into an es25 tuary for which a conservation and management
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1 plan has been approved under this section may par2 ticipate in the demonstration program through—

3 ‘‘(A) the institution of a source reduction

4 practice from the registry developed under

5 paragraph (2) if the conservation and manage6 ment plan identified the source to be reduced as

7 a problem; or

8 ‘‘(B) the institution of any other innovative

9 source reduction practice that the Adminis10 trator determines—

11 ‘‘(i) has the potential to significantly

12 reduce pollutant discharges to water and

13 other environmental media without signifi14 cantly increasing pollutant discharges to

15 any environmental medium; and

16 ‘‘(ii) should be demonstrated.

17 ‘‘(4) REQUIREMENTS.—Any participant in the

18 demonstration program—

19 ‘‘(A) shall be exempt from the requirement

20 under section 308 to pay a fee for the develop21 ment of revised effluent guidelines; and

22 ‘‘(B) may be granted an additional year to

23 comply with any new or revised effluent stand24 ards issued under section 301(b) of this Act if,
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1 in the judgment of the Administrator, the ex2 tension is necessary and appropriate.

3 ‘‘(5) POLLUTION PREVENTION EXTENSION

4 SERVICE.—The Administrator, in cooperation with

5 the Director of the National Institute of Standards

6 and Technology and appropriate officials of State

7 technical assistance offices, shall establish a pollu8 tion prevention extension service to provide an active

9 outreach effort to advise, inform, and encourage pol10 lution prevention by industrial discharges to estu11 aries for which conservation and management plans

12 have been approved under this section.

13 ‘‘(6) POLLUTION PREVENTION CLEARING14 HOUSE.—

15 ‘‘(A) ESTABLISHMENT.—The Adminis16 trator shall establish a national estuary pollu17 tion prevention clearinghouse.

18 ‘‘(B) USE.—The clearinghouse shall utilize

19 the results of—

20 ‘‘(i) research from the Environmental

21 Protection Agency Risk Reduction Engi22 neering Laboratory; and

23 ‘‘(ii) demonstrations conducted pursu24 ant to this subsection;
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1 to provide information to municipal and indus2 trial dischargers and sources of nonpoint pollu3 tion within the estuaries referred to in sub4 section (a)(2)(B) on source reduction methods,

5 measures, techniques, and technologies.

6 ‘‘(7) POLLUTION PREVENTION FOR CITIES PRO7 GRAM.—

8 ‘‘(A) APPLICATION FOR TECHNICAL AS9 SISTANCE.—A municipality located within the

10 watershed of an estuary for which a conserva11 tion and management plan has been approved

12 under this section may apply for technical and

13 financial assistance from the Administrator for

14 the purposes of—

15 ‘‘(i) implementing source reduction of

16 toxic pollutants in urban runoff,

17 wastewater, and stormwater and to ad18 dress any problem resulting from failure of

19 an underground septic system; or

20 ‘‘(ii) studying the impacts of separat21 ing combined sanitary/stormwater systems

22 in municipalities which have combined sys23 tems.

24 ‘‘(B) ELIGIBILITY.—To be eligible for as25 sistance under this paragraph, a municipality
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1 shall apply to the Administrator with a state2 ment—

3 ‘‘(i) stating pollutant reduction goals;

4 and

5 ‘‘(ii) documenting stakeholder interest

6 in implementing voluntary pollutant reduc7 tion measures.

8 ‘‘(C) ASSISTANCE.—The Administrator

9 shall, for each municipality with an approved

10 application statement—

11 ‘‘(i) provide technical assistance in the

12 development of a municipal source reduc13 tion action plan; and

14 ‘‘(ii) authorize the expenditure of

15 State revolving fund moneys pursuant to

16 title VI for the implementation of an ap17 proved source reduction plan.’’.

18 SEC. 2. FUNDING FROM STATE REVOLVING LOAN FUND

19 PROGRAM.

20 Sections 601(a) and 603(c) of the Federal Water Pol21 lution Control Act (33 U.S.C. 1381(a) and 1383(c)) are

22 each amended—

23 (1) by striking ‘‘and’’ at the end of clause (2);

24 and
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1 (2) by inserting before the period at the end of

2 the first sentence the following: ‘‘, and (4) notwith3 standing section 602(b)(5) of this Act, for carrying

4 out activities relating to estuaries under section

5 320(k), including implementing a source reduction

6 action plan that has been approved by the Adminis7 trator pursuant to section 320(k)(7)’’.

8 SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

9 Section 607 of the Federal Water Pollution Control

10 Act (33 U.S.C. 1387) is amended—

11 (1) by striking ‘‘sums’’;

12 (2) by striking ‘‘and’’ at the end of paragraph

13 (4);

14 (3) by striking the period at the end of para15 graph (5) and inserting ‘‘; and’’; and

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

17 ‘‘(6) such sums as may be necessary for each

18 fiscal year beginning after September 30, 1994.’’.

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