```

[Journal of the House of Representatives, 1995]
[Thursday, May 11, 1995 (64), Para 64.7 Recorded Vote]
[Pages 677-680]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.64.7  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the

[[Page 678]]

Whole on the following amendment submitted by Mr. MINETA:

       Page 133, strike line 15, and all that follows through line 
     9 on page 170 and insert the following:

     SEC. 322. MUNICIPAL STORMWATER MANAGEMENT PROGRAMS.

       (a) State Programs.--Title III (33 U.S.C. 1311 et seq.) is 
     further amended by adding at the end the following new 
     section:

     ``SEC. 322. MUNICIPAL STORMWATER MANAGEMENT PROGRAMS.

       ``(a) Purpose.--The purpose of this section is to assist 
     States in the development and implementation of municipal 
     stormwater control programs in an expeditious and cost 
     effective manner so as to enable the goals and requirements 
     of this Act to be met in each State no later than 15 years 
     after the date of approval of the municipal stormwater 
     management program of the State. It is recognized that State 
     municipal stormwater management programs need to be built on 
     a foundation that voluntary pollution prevention initiatives 
     represent an approach most likely to succeed in achieving the 
     objectives of this Act.
       ``(b) State Assessment Reports.--
       ``(1) Contents.--After notice and opportunity for public 
     comment, the Governor of each State, consistent with or as 
     part of the assessment required by section 319, shall prepare 
     and submit to the Administrator for approval, a report 
     which--
       ``(A) identifies those navigable waters within the State 
     which, without additional action to control pollution from 
     municipal stormwater discharges, cannot reasonably be 
     expected to attain or maintain applicable water quality 
     standards or the goals and requirements of this Act;
       ``(B) identifies those categories and subcategories of 
     municipal stormwater discharges that add significant 
     pollution to each portion of the navigable waters identified 
     under subparagraph (A) in amounts which contribute to such 
     portion not meeting such water quality standards or such 
     goals and requirements;
       ``(C) describes the process, including intergovernmental 
     coordination and public participation, for identifying 
     measures to control pollution from each category and 
     subcategory of municipal stormwater discharges identified in 
     subparagraph (B) and to reduce, to the maximum extent 
     practicable, the level of pollution resulting from such 
     discharges; and
       ``(D) identifies and describes State and local programs for 
     controlling pollution added from municipal stormwater 
     discharges to, and improving the quality of, each such 
     portion of the navigable waters.
       ``(2) Information used in preparation.--In developing, 
     reviewing, and revising the report required by this 
     subsection, the State--
       ``(A) may rely upon information developed pursuant to 
     sections 208, 303(e), 304(f), 305(b), 314, 319, 320, and 321 
     and subsection (h) of this section, information developed 
     from any group stormwater permit application process in 
     effect under section 402(p) of this Act and such other 
     information as the State determines is appropriate; and
       ``(B) may utilize appropriate elements of the waste 
     treatment management plans developed pursuant to sections 
     208(b) and 303, to the extent such elements are consistent 
     with and fulfill the requirements of this section.
       ``(3) Review and revision.--Not later than 18 months after 
     the date of the enactment of the Clean Water Amendments of 
     1995, and every 5 years thereafter, the State shall review, 
     revise, and submit to the Administrator the report required 
     by this subsection.
       ``(c) State Management Programs.--
       ``(1) In general.--In substantial consultation with local 
     governments and after notice and opportunity for public 
     comment, the Governor of each State for the State or in 
     combination with the Governors of adjacent States shall 
     prepare and submit to the Administrator for approval a 
     municipal stormwater management program based on available 
     information which the State proposes to implement in the 
     first 5 fiscal years beginning after the date of submission 
     of such management program for controlling pollution added 
     from municipal stormwater discharges to the navigable waters 
     within the boundaries of the State and improving the quality 
     of such waters.
       ``(2) Specific contents.--Each management program proposed 
     for implementation under this subsection shall include the 
     following:
       ``(A) Identification of model management practices and 
     measures.--Identification of the model management practices 
     and measures which will be undertaken to reduce pollutant 
     loadings resulting from municipal stormwater discharges 
     designated under subsection (b)(1)(B), taking into account 
     the impact of the practice and measure on ground water 
     quality.
       ``(B) Identification of programs and resources.--
     Identification of programs and resources necessary 
     (including, as appropriate, nonregulatory programs or 
     regulatory programs, enforceable policies and mechanisms, 
     technical assistance, financial assistance, education, 
     training, technology transfer, and demonstration projects) to 
     manage municipal stormwater discharges to the degree 
     necessary to provide for reasonable further progress toward 
     the goal of attainment of water quality standards which 
     contain the stormwater criteria established under subsection 
     (h) for designated uses of receiving waters identified under 
     subsection (b)(1)(A) taking into consideration specific 
     watershed conditions, by not later than the last day of the 
     15-year period beginning on the date of approval of the State 
     program.
       ``(C) Program for reducing pollutant loadings.--A program 
     for municipal stormwater discharges identified under 
     subsection (b)(1)(B) to reduce pollutant loadings from 
     categories and subcategories of municipal stormwater 
     discharges.
         ``(D) Schedule.--A schedule containing interim goals and 
     milestones for making reasonable progress toward the 
     attainment of standards as set forth in subparagraph (B) 
     established for the designated uses of receiving waters, 
     taking into account specific watershed conditions, which may 
     be demonstrated by one or any combination of improvements in 
     water quality (including biological indicators), documented 
     implementation of voluntary stormwater discharge control 
     measures, or adoption of enforceable stormwater discharge 
     control measures.
       ``(E) Certification of adequate authority.--
       ``(i) In general.--A certification by the Attorney General 
     of the State or States (or the chief attorney of any State 
     water pollution control agency that has authority under State 
     law to make such certification) that the laws of the State or 
     States, as the case may be, provide adequate authority to 
     implement such management program or, if there is not such 
     adequate authority, a list of such additional authorities as 
     will be necessary to implement such management program.
       ``(ii) Commitment.--A schedule for seeking, and a 
     commitment by the State or States to seek, such additional 
     authorities as expeditiously as practicable.
       ``(F) Identification of federal financial assistance 
     programs.--An identification of Federal financial assistance 
     programs and Federal development projects for which the State 
     will review individual assistance applications or development 
     projects for their effect on water quality pursuant to the 
     procedures set forth in Executive Order 12372 as in effect on 
     September 17, 1983, to determine whether such assistance 
     applications or development projects would be consistent with 
     the program prepared under this subsection; for the purposes 
     of this subparagraph, identification shall not be limited to 
     the assistance programs or development projects subject to 
     Executive Order 12372 but may include any programs listed in 
     the most recent Catalog of Federal Domestic Assistance which 
     may have an effect on the purposes and objectives of the 
     State's municipal stormwater management program.
       ``(G) Monitoring.--A description of the monitoring of 
     navigable waters or other assessment which will be carried 
     out under the program for the purposes of monitoring and 
     assessing the effectiveness of the program, including the 
     attainment of interim goals and milestones.
       ``(H) Identification of certain inconsistent federal 
     activities.--An identification of activities on Federal lands 
     in the State that are inconsistent with the State management 
     program.
       ``(I) Identification of goals and milestones.--An 
     identification of goals and milestones for progress in 
     attaining water quality standards, including a projected date 
     for attaining such standards as expeditiously as practicable 
     but not later than 15 years after the date of approval of the 
     State program for each of the waters listed pursuant to 
     subsection (b).
       ``(3) Utilization of local and private experts.--In 
     developing and implementing a management program under this 
     subsection, a State shall, to the maximum extent practicable, 
     involve local public and private agencies and organizations 
     which have expertise in stormwater management.
       ``(4) Development on watershed basis.--A State shall, to 
     the maximum extent practicable, develop and implement a 
     stormwater management program under this subsection on a 
     watershed-by-watershed basis within such State.
       ``(d) Administrative Provisions.--
       ``(1) Cooperation requirement.--Any report required by 
     subsection (b) and any management program and report required 
     by subsection (c) shall be developed in cooperation with 
     local, substate, regional, and interstate entities which are 
     responsible for implementing municipal stormwater management 
     programs.
       ``(2) Time period for submission of management programs.--
     Each management program shall be submitted to the 
     Administrator within 30 months of the issuance by the 
     Administrator of the final guidance under subsection (l) and 
     every 5 years thereafter. Each program submission after the 
     initial submission following the date of the enactment of the 
     Clean Water Amendments of 1995 shall include a demonstration 
     of reasonable further progress toward the goal of attaining 
     water quality standards as set forth in subsection (c)(2) 
     established for designated uses of receiving waters taking 
     into account specific watershed conditions by not later than 
     the date referred to in subsection (b)(2)(B), including a 
     documentation of the degree to which the State has achieved 
     the interim goals and milestones contained in the previous 
     program submission. Such demonstration shall take into 
     account the adequacy of Federal funding under this section.
       ``(3) Transition.--
       ``(A) In general.--Permits issued pursuant to section 
     402(p) for discharges from municipal storm sewers, as in 
     effect on the day before the date of the enactment of this 
     section, shall remain in effect until the effective date of a 
     State municipal stormwater management program under this 
     section. Stormwater dischargers shall continue to

[[Page 679]]

     implement any stormwater management practices and measures 
     required under such permits until such practices and measures 
     are modified pursuant to this subparagraph or pursuant to a 
     State municipal stormwater management program. Prior to the 
     effective date of a State municipal stormwater management 
     program, municipal stormwater dischargers may submit for 
     approval proposed revised stormwater management practices and 
     measures to the State, in the case of a State with an 
     approved program under section 402, or the Administrator. 
     Upon notice of approval by the State or the Administrator, 
     the municipal stormwater discharger shall implement the 
     revised stormwater management practices and measures which 
     may be voluntary pollution prevention activities. A municipal 
     stormwater discharger operating under a permit continued in 
     effect under this subparagraph shall not be subject to 
     citizens suits under section 505.
       ``(B) Antibacksliding.--Section 402(o) shall not apply to 
     any activity carried out in accordance with this paragraph.
       ``(e) Approval or Disapproval of Reports or Management 
     Programs.--
       ``(1) Deadline.--Subject to paragraph (2), not later than 
     180 days after the date of submission to the Administrator of 
     any report or revised report or management program under this 
     section, the Administrator shall either approve or disapprove 
     such report or management program, as the case may be. The 
     Administrator may approve a portion of a management program 
     under this subsection. If the Administrator does not 
     disapprove a report, management program, or portion of a 
     management program in such 180-day period, such report, 
     management program, or portion shall be deemed approved for 
     purposes of this section.
       ``(2) Procedure for disapproval.--If, after notice and 
     opportunity for public comment and consultation with 
     appropriate Federal and State agencies and other interested 
     persons, the Administrator determines that--
       ``(A) the proposed management program or any portion 
     thereof does not meet the requirements of subsection (b) of 
     this section or is not likely to satisfy, in whole or in 
     part, the goals and requirements of this Act;
       ``(B) adequate authority does not exist, or adequate 
     resources are not available, to implement such program or 
     portion; or
       ``(C) the practices and measures proposed in such program 
     or portion will not result in reasonable progress toward the 
     goal of attainment of applicable water quality standards as 
     set forth in subsection (c)(2) established for designated 
     uses of receiving waters taking into consideration specific 
     watershed conditions as expeditiously as possible but not 
     later than 15 years after approval of a State municipal 
     stormwater management program under this section;

     the Administrator shall within 6 months of the receipt of the 
     proposed program notify the State of any revisions or 
     modifications necessary to obtain approval. The State shall 
     have an additional 6 months to submit its revised management 
     program, and the Administrator shall approve or disapprove 
     such revised program within 3 months of receipt.
       ``(3) Failure of state to submit report.--If a Governor of 
     a State does not submit a report or revised report required 
     by subsection (b) within the period specified by subsection 
     (d)(2), the Administrator shall, within 18 months after the 
     date on which such report is required to be submitted under 
     subsection (b), prepare a report for such State which makes 
     the identifications required by paragraphs (1)(A) and (1)(B) 
     of subsection (b). Upon completion of the requirement of the 
     preceding sentence and after notice and opportunity for a 
     comment, the Administrator shall report to Congress of the 
     actions of the Administrator under this section.
       ``(4) Failure of state to submit management program.--
       ``(A) Program management by administrator.--Subject to 
     paragraph (5), if a State fails to submit a management 
     program or revised management program under subsection (c) or 
     the Administrator does not approve such management program, 
     the Administrator shall prepare and implement a management 
     program for controlling pollution added from municipal 
     stormwater discharges to the navigable waters within the 
     State and improving the quality of such waters in accordance 
     with subsection (c).
       ``(B) Notice and hearing.--If the Administrator intends to 
     disapprove a program submitted by a State the Administrator 
     shall first notify the Governor of the State, in writing, of 
     the modifications necessary to meet the requirements of this 
     section. The Administrator shall provide adequate public 
     notice and an opportunity for a public hearing for all 
     interested parties.
       ``(C) State revision of its program.--If, after taking into 
     account the level of funding actually provided as compared 
     with the level authorized, the Administrator determines that 
     a State has failed to demonstrate reasonable further progress 
     toward the attainment of water quality standards as required, 
     the State shall revise its program within 12 months of that 
     determination in a manner sufficient to achieve attainment of 
     applicable water quality standards by the deadline 
     established by this section. If a State fails to make such a 
     program revision or the Administrator does not approve such a 
     revision, the Administrator shall prepare and implement a 
     municipal stormwater management program for the State.
       ``(5) Local management programs; technical assistance.--If 
     a State fails to submit a management program under subsection 
     (c) or the Administrator does not approve such a management 
     program, a local public agency or organization which has 
     expertise in, and authority to, control water pollution 
     resulting from municipal stormwater sources in any area of 
     such State which the Administrator determines is of 
     sufficient geographic size may, with approval of such State, 
     request the Administrator to provide, and the Administrator 
     shall provide, technical assistance to such agency or 
     organization in developing for such area a management program 
     which is described in subsection (c) and can be approved 
     pursuant to this subsection. After development of such 
     management program, such agency or organization shall submit 
     such management program to the Administrator for approval.
       ``(f) Interstate Management Conference.--
       ``(1) Convening of conference; notification; purpose.--
       ``(A) Convening of conference.--If any portion of the 
     navigable waters in any State which is implementing a 
     management program approved under this section is not meeting 
     applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     pollution from stormwater in another State, such State may 
     petition the Administrator to convene, and the Administrator 
     shall convene, a management conference of all States which 
     contribute significant pollution resulting from stormwater to 
     such portion.
       ``(B) Notification.--If, on the basis of information 
     available, the Administrator determines that a State is not 
     meeting applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     significant pollution from stormwater in another State, the 
     Administrator shall notify such States.
       ``(C) Time limit.--The Administrator may convene a 
     management conference under this paragraph not later than 180 
     days after giving such notification under subparagraph (B), 
     whether or not the State which is not meeting such standards 
     requests such conference.
       ``(D) Purpose.--The purpose of the conference shall be to 
     develop an agreement among the States to reduce the level of 
     pollution resulting from stormwater in the portion of the 
     navigable waters and to improve the water quality of such 
     portion.
       ``(E) Protection of water rights.--Nothing in the agreement 
     shall supersede or abrogate rights to quantities of water 
     which have been established by interstate water compacts, 
     Supreme Court decrees, or State water laws.
       ``(F) Limitations.--This subsection shall not apply to any 
     pollution which is subject to the Colorado River Basin 
     Salinity Control Act. The requirement that the Administrator 
     convene a management conference shall not be subject to the 
     provisions of section 505 of this Act.
       ``(2) State management program requirement.--To the extent 
     that the States reach agreement through such conference, the 
     management programs of the States which are parties to such 
     agreements and which contribute significant pollution to the 
     navigable waters or portions thereof not meeting applicable 
     water quality standards or goals and requirements of this Act 
     will be revised to reflect such agreement. Such management 
     programs shall be consistent with Federal and State law.
       ``(g) Grants for Stormwater Research.--
       ``(1) In general.--To determine the most cost-effective and 
     technologically feasible means of improving the quality of 
     the navigable waters and to develop the criteria required 
     pursuant to subsection (g), the Administrator shall establish 
     an initiative through which the Administrator shall fund 
     State and local demonstration programs and research to--
       ``(A) identify adverse impacts of stormwater discharges on 
     receiving waters;
       ``(B) identify the pollutants in stormwater which cause 
     impact; and
       ``(C) test innovative approaches to address the impacts of 
     source controls and model management practices and measures 
     for runoff from municipal storm sewers.

     Persons conducting demonstration programs and research funded 
     under this subsection shall also take into account the 
     physical nature of episodic stormwater flows, the varying 
     pollutants in stormwater, the actual risk the flows pose to 
     the designated beneficial uses, and the ability of natural 
     ecosystems to accept temporary stormwater events.
       ``(2) Award of funds.--The Administrator shall award the 
     demonstration and research program funds taking into account 
     regional and population variations.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $20,000,000 per fiscal year for fiscal years 1996 through 
     2000. Such sums shall remain available until expended.
       ``(h) Development of Stormwater Criteria.--
       ``(1) In general.--To reflect the episodic character of 
     stormwater which results in significant variances in the 
     volume, hydraulics, hydrology, and pollutant load associated 
     with stormwater discharges, the Administrator shall 
     establish, as an element of the water quality standards 
     established for the designated uses of the navigable waters, 
     stormwater criteria which protect the navigable waters from 
     impairment of the designated beneficial uses caused by 
     stormwater discharges. The criteria shall be technologically 
     and financially feasible and may in

[[Page 680]]

     clude performance standards, guidelines, guidance, and model 
     management practices and measures and treatment requirements, 
     as appropriate, and as identified in subsection (g)(1).
       ``(2) Information to be used in development.--The 
     stormwater discharge criteria to be established under this 
     subsection--
       ``(A) shall be developed from--
       ``(i) the findings and conclusions of the demonstration 
     programs and research conducted under subsection (g);
       ``(ii) the findings and conclusions of the research and 
     monitoring activities of stormwater dischargers performed in 
     compliance with permit requirements of this Act; and
       ``(iii) other relevant information, including information 
     submitted to the Administrator under the industrial group 
     permit application process in effect under section 402 of 
     this Act;
       ``(B) shall be developed in consultation with persons with 
     expertise in the management of stormwater (including 
     officials of State and local government, industrial and 
     commercial stormwater dischargers, and public interest 
     groups); and
       ``(C) shall be established as an element of the water 
     quality standards that are developed and implemented under 
     this Act by not later than December 31, 2008.
       ``(i) Collection of Information.--The Administrator shall 
     collect and make available, through publications and other 
     appropriate means, information pertaining to model management 
     practices and measures and implementation methods, including, 
     but not limited to--
       ``(1) information concerning the costs and relative 
     efficiencies of model management practices and measures for 
     reducing pollution from stormwater discharges; and
       ``(2) available data concerning the relationship between 
     water quality and implementation of various management 
     practices to control pollution from stormwater discharges.
       ``(j) Reports of Administrator.--
       ``(1) Biennial reports.--Not later than January 1, 1996, 
     and biennially thereafter, the Administrator shall transmit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate, a report for the preceding fiscal 
     year on the activities and programs implemented under this 
     section and the progress made in reducing pollution in the 
     navigable waters resulting from stormwater discharges and 
     improving the quality of such waters.
       ``(2) Contents.--Each report submitted under paragraph (1), 
     at a minimum shall--
       ``(A) describe the management programs being implemented by 
     the States by types of affected navigable waters, categories 
     and subcategories of stormwater discharges, and types of 
     measures being implemented;
       ``(B) describe the experiences of the States in adhering to 
     schedules and implementing the measures under subsection (c);
       ``(C) describe the amount and purpose of grants awarded 
     pursuant to subsection (g);
       ``(D) identify, to the extent that information is 
     available, the progress made in reducing pollutant loads and 
     improving water quality in the navigable waters;
       ``(E) indicate what further actions need to be taken to 
     attain and maintain in those navigable waters (i) applicable 
     water quality standards, and (ii) the goals and requirements 
     of this Act;
       ``(F) include recommendations of the Administrator 
     concerning future programs (including enforcement programs) 
     for controlling pollution from stormwater; and
       ``(G) identify the activities and programs of departments, 
     agencies, and instrumentalities of the United States that are 
     inconsistent with the municipal stormwater management 
     programs implemented by the States under this section and 
     recommended modifications so that such activities and 
     programs are consistent with and assist the States in 
     implementation of such management programs.
       ``(k) Guidance on Model Stormwater Management Practices and 
     Measures.--
       ``(1) In general.--The Administrator, in consultation with 
     appropriate Federal, State, and local departments and 
     agencies, and after providing notice and opportunity for 
     public comment, shall publish guidance to identify model 
     management practices and measures which may be undertaken, at 
     the discretion of the State or appropriate entity, under a 
     management program established pursuant to this section. In 
     preparing such guidance, the Administrator shall consider 
     integration of a municipal stormwater management program of a 
     State with, and the relationship of such program to, the 
     nonpoint source management program of the State under section 
     319.
       ``(2) Publication.--The Administrator shall publish 
     proposed guidance under this subsection not later than 6 
     months after the date of the enactment of this subsection and 
     shall publish final guidance under this subsection not later 
     than 18 months after such date of enactment. The 
     Administrator shall periodically review and revise the final 
     guidance upon adequate notice and opportunity for public 
     comment at least once every 3 years after its publication.
       ``(3) Model management practices and measures defined.--For 
     the purposes of this subsection, the term ``model management 
     practices and measures'' means economically achievable 
     measures for the control of pollutants from stormwater 
     discharges which reflect the most cost-effective degree of 
     pollutant reduction achievable through the application of the 
     best available practices, technologies, processes, siting 
     criteria, operating methods, or other alternatives.
       ``(l) Enforcement With Respect to Municipal Stormwater 
     Dischargers Violating State Management Programs.--Municipal 
     stormwater dischargers that do not comply with State 
     management program requirements under subsection (c) are 
     subject to applicable enforcement actions under sections 309 
     and 505 of this Act.
       ``(m) Entry and Inspection.--In order to carry out the 
     objectives of this section, an authorized representative of a 
     State, upon presentation of his or her credentials, shall 
     have a right of entry to, upon, or through any property at 
     which a stormwater discharge or records required to be 
     maintained under the State municipal stormwater management 
     program are located.
       ``(n) Limitation on Discharges Regulated Under Watershed 
     Management Program.--Municipal stormwater discharges 
     regulated under section 321 in a manner consistent with this 
     section shall not be subject to this section.''.
       (b) Conforming Amendments to Industrial Stormwater 
     Discharge Program.--Section 402(p) (33 U.S.C 1342(p)) is 
     amended--
       (1) in the subsection heading by striking ``Municipal 
     and'';
       (2) in paragraph (1) by striking ``1994'' and inserting 
     ``2001'';
       (3) by adding at the end of the paragraph (1) the 
     following: ``This subsection does not apply to municipal 
     stormwater discharges which are covered by section 322.'';
       (4) in paragraph (2) by striking subparagraphs (C) and (D) 
     and by redesignating subparagraph (E) as subparagraph (C);
       (5) in paragraph (3)--
       (A) by striking the heading for subparagraph (A);
       (B) by moving the text of subparagraph (A) after the 
     paragraph heading; and
       (C) by striking subparagraph (B);
       (6) in paragraph (4)--
       (A) by striking the heading for subparagraph (A);
       (B) by moving the text of subparagraph (A) after the 
     paragraph heading;
       (C) by striking ``and (2)(C)''; and
       (D) by striking subparagraph (B);
       (7) by striking paragraph (5);
       (8) by redesignating paragraph (6) as paragraph (5); and
       (9) in paragraph (5) as so redesignated--
       (A) by striking ``1993'' and inserting ``2000''; and
       (B) by inserting after ``paragraph (2)'' the following: 
     ``and other than municipal stormwater discharges''.
       (c) Definitions.--Section 502 (33 U.S.C. 1362) is amended 
     by adding at the end the following:
       ``(25) The term `stormwater' means runoff from rain, snow 
     melt, or any other precipitation-generated surface runoff.
       ``(26) The term `stormwater discharge' means a discharge 
     from any conveyance which is used for the collecting and 
     conveying of stormwater to navigable waters and which is 
     associated with a municipal storm sewer system or industrial, 
     commercial, oil, gas, or mining activities or construction 
     activities.''.

It was decided in the

Yeas

159

negative

Nays

258
```