II

103D CONGRESS

1ST SESSION S. 1114

To amend and reauthorize the Federal Water Pollution Control Act, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 15, 1993

Mr. BAUCUS (for himself and Mr. CHAFEE) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To amend and reauthorize the Federal Water Pollution

Control Act, 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; TABLE OF CONTENTS; REF4 ERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Water Pollution Prevention and Control Act of 1993’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents; references.

Sec. 2. Findings and purpose.

TITLE I—WATER PROGRAM FUNDING
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Sec. 101. State revolving loan funds.

Sec. 102. State program grants.

Sec. 103. General program authorizations.

TITLE II—TOXIC POLLUTION PREVENTION AND CONTROL

Sec. 201. Point source technology based controls.

Sec. 202. Water quality criteria and standards.

Sec. 203. Toxic pollutant phase-out.

Sec. 204. Pretreatment program.

Sec. 205. Pollution prevention planning.

TITLE III—WATERSHED PLANNING AND NONPOINT POLLUTION

CONTROL

Sec. 301. Water quality monitoring.

Sec. 302. Comprehensive watershed management.

Sec. 303. Impaired waters identification.

Sec. 304. Nonpoint pollution control.

TITLE IV—MUNICIPAL POLLUTION CONTROL

Sec. 401. Combined sewer overflows.

Sec. 402. Stormwater management.

Sec. 403. Water conservation.

TITLE V—PERMIT PROGRAM AND ENFORCEMENT

Sec. 501. Permit fees.

Sec. 502. Permit program modifications.

Sec. 503. Enforcement.

TITLE VI—PROGRAM MANAGEMENT

Sec. 601. Technology development.

Sec. 602. State certification.

Sec. 603. Reports to Congress.

Sec. 604. Definitions.

Sec. 605. Indian programs.

Sec. 606. Clean water education.

Sec. 607. National estuary program.

1 (c) REFERENCES TO THE FEDERAL WATER POLLU2 TION CONTROL ACT.—Whenever in this Act an amend3 ment or repeal is expressed in terms of an amendment

4 to, or repeal of, a section or other provision, the reference

5 shall be considered to be made to a section or other provi6 sion of the Federal Water Pollution Control Act (33
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1 U.S.C. 1251 et seq.), except to the extent otherwise spe2 cifically provided.

3 SEC. 2. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—Congress finds the following:

5 (1) Over the past 20 years, the Federal Water

6 Pollution Control Act has resulted in great progress

7 towards achieving the goal Congress established

8 when Congress enacted such Act in 1972: ‘‘to re9 store and maintain the chemical, physical, and bio10 logical integrity of the Nation’s waters’’.

11 (2) Despite this progress, significant water pol12 lution problems remain. Thirty percent of the waters

13 of the United States suffer varying degrees of water

14 quality impairments, toxic pollutants remain a sig15 nificant threat to aquatic systems and to human

16 health, and pollution from nonpoint sources accounts

17 for significant impairments.

18 (3) There is a substantial need for water qual19 ity projects throughout the country. The cost of sew20 age treatment projects is estimated to be

21 $80,000,000,000.

22 (4) In order to achieve further progress, addi23 tional resources must be made available to State and

24 municipal governments, including increased financial
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1 assistance for water quality projects and increased

2 program support through permit fees.

3 (5) Substantial opportunities exist to improve

4 water pollution control by using new water pollution

5 control strategies, such as pollution prevention plan6 ning, water conservation, the development of innova7 tive pollution control technology, comprehensive wa8 tershed planning, and programs that protect the

9 physical and biological properties of aquatic systems.

10 (6) Substantial opportunities exist to improve

11 water pollution control by improving the operation of

12 existing programs that apply to toxic pollutants, in13 cluding pollutant criteria and standards, effluent

14 guidelines, pretreatment standards, and the author15 ity to phase out certain toxic pollutants.

16 (7) Substantial opportunities exist to improve

17 water pollution control by addressing pollution from

18 nonpoint sources, such as construction, forestry, and

19 agriculture, particularly through the use of water20 shed planning, targeted control measures, and finan21 cial assistance.

22 (8) Pollution from overflows from combined

23 storm and sanitary sewers and from stormwater dis24 charges continues to cause significant water quality

25 impairments. A long-range strategy for control of
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1 these discharges, which recognizes financial con2 straints, is necessary.

3 (9) All dischargers to the waters of the United

4 States, including Federal agencies, have an obliga5 tion to comply with water quality laws. More can be

6 done to ensure that enforcement by Federal and

7 State governments and citizen groups is prompt and

8 effective.

9 (b) PURPOSE.—The purpose of this Act is to reau10 thorize the Federal Water Pollution Control Act in order

11 to provide expanded assistance to State governments, ad12 dress remaining water pollution control problems, employ

13 new pollution control strategies, and improve overall water

14 program implementation.

15 TITLE I—WATER PROGRAM

16 FUNDING

17 SEC. 101. STATE REVOLVING LOAN FUNDS.

18 (a) GRANTS TO STATES FOR ESTABLISHMENT OF

19 REVOLVING FUNDS.—

20 (1) IN GENERAL.—Subsection (a) of section

21 601 (33 U.S.C. 1381(a)) is amended to read as fol22 lows:

23 ‘‘(a) GENERAL AUTHORITY.—Subject to this title,

24 the Administrator shall make capitalization grants to each
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1 State for the purpose of establishing a water pollution con2 trol revolving fund.’’.

3 (2) PROJECTS ELIGIBLE FOR ASSISTANCE.—

4 Subsection (c) of section 603 (33 U.S.C. 1383(c)) is

5 amended to read as follows:

6 ‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—

7 ‘‘(1) IN GENERAL.—The funds available to each

8 State water pollution control revolving fund (re9 ferred to in this section as the ‘fund’) may be used

10 only for providing assistance, for projects with re11 spect to which the principal purpose is protecting

12 and improving water quality, to a municipality,

13 intermunicipal agency, interstate agency, State agen14 cy, or individual, to carry out 1 or more of the fol15 lowing activities:

16 ‘‘(A) The construction of a publicly owned

17 treatment works, as defined in section 212.

18 ‘‘(B) Implementing an approved manage19 ment program under section 319.

20 ‘‘(C) Implementing an approved conserva21 tion and management plan under section 320.

22 ‘‘(D) Implementing a combined stormwater

23 and sanitary sewer overflow elimination pro24 gram.
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1 ‘‘(E) Providing assistance to a subsurface

2 sewage disposal management organization ap3 proved by the Administrator pursuant to sec4 tion 319.

5 ‘‘(F) Carrying out projects identified in a

6 watershed plan prepared pursuant to section

7 321.

8 ‘‘(G) Implementing a Lakewide Manage9 ment Plan or Remedial Action Plan developed

10 pursuant to section 118.

11 ‘‘(H) Implementing a lake protection

12 project developed pursuant to section 314.

13 ‘‘(I) Constructing an animal waste man14 agement facility approved pursuant to section

15 319.

16 ‘‘(2) LIMITATION OF ASSISTANCE.—

17 ‘‘(A) DISCHARGE ACTIVITIES.—Assistance

18 provided under this subsection to an individual

19 for an activity related to a discharge shall be

20 limited to an activity not otherwise required by

21 this or other Federal law.

22 ‘‘(B) OTHER ACTIVITIES.—Assistance pro23 vided under this subsection for projects eligible

24 pursuant to subparagraphs (F) through (I) of

25 paragraph (1) shall be limited to projects that
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1 are consistent with a watershed plan prepared

2 under section 321.

3 ‘‘(3) REVOLVING FUND.—The fund shall be es4 tablished, maintained, and credited with repayments,

5 and the fund shall be available in perpetuity for as6 sisting eligible projects.

7 ‘‘(4) ASSISTANCE FOR CONSTRUCTING PUB8 LICLY OWNED TREATMENT WORKS.—Assistance pro9 vided pursuant to subparagraphs (A) and (D) of

10 paragraph (1) may include the cost of obtaining any

11 necessary land, easement, or right-of-way with re12 spect to which the recipient of assistance is not the

13 owner (at the time of receipt of assistance) that is

14 directly related to the treatment plant or outfall of

15 a publicly owned treatment works, except that the

16 amount provided as assistance may not exceed the

17 assessed value of the land, easement, or right-of18 way.’’.

19 (b) CAPITALIZATION GRANTS.—

20 (1) SPECIFIC REQUIREMENTS FOR CAPITALIZA21 TION GRANT AGREEMENTS.—

22 (A) CAPITALIZATION GRANT AGREE23 MENTS.—Section 602(b)(6) (33 U.S.C.

24 1382(b)(6)) is amended—
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1 (i) by striking ‘‘1995’’ and inserting

2 ‘‘2001’’;

3 (ii) by striking ‘‘201(g)(1),

4 201(g)(2),’’; and

5 (iii) by striking ‘‘201(g)(6)’’.

6 (B) GRANTS FOR CONSTRUCTION OF

7 TREATMENT WORKS.—Section 201 (33 U.S.C.

8 1281) is amended—

9 (i) in subsection (g)(5), by adding at

10 the end the following new sentence: ‘‘Not11 withstanding any other provision of this

12 paragraph, the Administrator may deem

13 that the requirements of this paragraph

14 have been met by a treatment works that

15 serves 10,000 or fewer individuals if the

16 treatment works has considered a group of

17 alternatives described by the Administrator

18 in guidance documents.’’; and

19 (ii) in subsection (o), in the matter

20 preceding paragraph (1), by inserting after

21 ‘‘assist applicants for grant assistance

22 under this title’’ the following: ‘‘(except for

23 any applicant for grant assistance for a

24 publicly owned treatment works that serves

25 10,000 or fewer individuals)’’.
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1 (C) STATE SHARE.—The first sentence of

2 section 204(b)(1)(A) (33 U.S.C. 1284(b)(1)(A))

3 is amended by striking ‘‘proportionate’’.

4 (2) DEDICATED SOURCE.—Section

5 603(d)(1)(C) (33 U.S.C. 1383(d)(1)(C)) is amended

6 by inserting ‘‘for a project eligible under subpara7 graph (A), (D), or (E) of subsection (c)(1)’’ after ‘‘a

8 loan’’.

9 (3) CONSISTENCY WITH PLANNING REQUIRE10 MENTS.—Section 603(f) (33 U.S.C. 1383(f)) is

11 amended—

12 (A) by striking ‘‘is consistent with’’ and in13 serting ‘‘is not inconsistent with’’; and

14 (B) by striking ‘‘and 320’’ and inserting

15 ‘‘320, and 321’’.

16 (c) TECHNICAL ASSISTANCE FOR SMALL SYSTEMS.—

17 Section 602 (33 U.S.C. 1382) is amended—

18 (1) in subsection (b)—

19 (A) in paragraph (2), by inserting ‘‘except

20 as provided in subsection (c),’’ before ‘‘the

21 State will deposit’’; and

22 (B) in paragraph (3), by inserting ‘‘except

23 as provided in subsection (c),’’ before ‘‘the

24 State will enter’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(c) TECHNICAL ASSISTANCE FOR SMALL SYS4 TEMS.—

5 ‘‘(1) DEFINITIONS.—As used in this subsection:

6 ‘‘(A) SMALL SYSTEM.—The term ‘small

7 system’ means a publicly owned treatment

8 works or a subsurface sewage disposal system

9 that serves 10,000 or fewer individuals.

10 ‘‘(B) TECHNICAL ASSISTANCE.—The term

11 ‘technical assistance’ includes technical and fi12 nancial management assistance provided by a

13 State to a small system. The term includes as14 sistance provided by a State for the planning

15 and design of a small system (referred to in

16 this subsection as ‘facility planning and de17 sign’).

18 ‘‘(2) VALUE OF PLANNING AND DESIGN ASSIST19 ANCE.—The value of planning and design assistance

20 provided to a small system shall be repaid as part

21 of any loan provided to the small system pursuant

22 to this title.

23 ‘‘(3) TECHNICAL ASSISTANCE.—

24 ‘‘(A) IN GENERAL.—
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1 ‘‘(i) OFFSET.—Subject to subpara2 graphs (B) and (C), each State may re3 duce the amount that would otherwise be

4 required to be deposited by the State as

5 State matching funds under subsection

6 (b)(2) by the amount equal to the value of

7 technical assistance provided by the State,

8 from funds made available by the State.

9 ‘‘(ii) TREATMENT OF OFFSET WITH

10 RESPECT TO BINDING COMMITMENTS.—

11 Each State may reduce the amount of as12 sistance provided in accordance with bind13 ing commitments that would otherwise be

14 required under subsection (b)(3) by an

15 amount equal to the value of the offset of

16 State matching funds made pursuant to

17 this paragraph.

18 ‘‘(B) MAXIMUM OFFSET.—For each State,

19 the total amount of the offset of State matching

20 funds made pursuant to this paragraph for a

21 fiscal year may not exceed the greater of—

22 ‘‘(i) an amount equal to 2 percent of

23 the amount of the capitalization grant re24 ceived by the State pursuant to this sec25 tion; or
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1 ‘‘(ii) $100,000.

2 ‘‘(C) ASSISTANCE FOR PLANNING AND DE3 SIGN.—To provide assistance for a small system

4 that does not receive a loan under this title, the

5 State may use a portion of the amount referred

6 to in subparagraph (B) to provide a grant for

7 facility planning and design. The amount of the

8 grant award may not exceed 50 percent of the

9 cost of the facility planning and design.’’.

10 (d) ASSISTANCE FOR DISADVANTAGED COMMU11 NITIES.—Subsection (h) of section 603 (33 U.S.C.

12 1383(h)) is amended to read as follows:

13 ‘‘(h) ASSISTANCE FOR DISADVANTAGED COMMU14 NITIES.—

15 ‘‘(1) DISADVANTAGED COMMUNITY DEFINED.

16 As used in this subsection, the term ‘disadvantaged

17 community’ means the service area of a publicly

18 owned treatment works with respect to which the av19 erage annual residential sewage treatment charges

20 for a user of the treatment works (referred to in this

21 subsection as ‘average annual residential user

22 charges’) is an amount greater than 1.5 percent of

23 the median household income for the service area.

24 ‘‘(2) LOAN FORGIVENESS.—In any case in

25 which the State makes a loan pursuant to subsection
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1 (d)(1) to a disadvantaged community or to a com2 munity that the State expects to become a disadvan3 taged community, the State may forgive an amount

4 of the principal of the loan not to exceed the amount

5 of forgiveness required to ensure that the average

6 annual residential user charges for the service area

7 of the publicly owned treatment works that is the

8 subject of the loan does not exceed 1.5 percent of

9 the median household income for the service area.

10 ‘‘(3) GRANT OR LOAN AMOUNT.—The total

11 amount of loan forgiveness made by a State pursu12 ant to paragraph (2) to a disadvantaged community

13 or to a community that the State expects to become

14 a disadvantaged community may not exceed

15 $20,000,000.

16 ‘‘(4) TOTAL AMOUNT OF LOAN FORGIVENESS.—

17 For each fiscal year, the total amount of loan for18 giveness made by a State pursuant to paragraph (2)

19 may not exceed 20 percent of the amount of the cap20 italization grant received by the State for the year.’’.

21 (e) WATER POLLUTION CONTROL REVOLVING LOAN

22 FUNDS.—

23 (1) GRANTS TO CERTAIN STATES.—Section 603

24 (42 U.S.C. 1383) is amended by adding at the end

25 the following new subsection:
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1 ‘‘(i) ASSISTANCE TO CERTAIN STATES.—

2 ‘‘(1) IN GENERAL.—The sums authorized to be

3 appropriated for capitalization grants under this

4 title to American Samoa, Guam, the Commonwealth

5 of the Northern Mariana Islands, the Republic of

6 Palau (pending ratification of the Compact of Free

7 Association), the United States Virgin Islands, and

8 the District of Columbia may be used for construc9 tion grants under title II at the request of the chief

10 executive of the entity.

11 ‘‘(2) REQUIREMENTS FOR PUBLICLY OWNED

12 TREATMENT WORKS.—

13 ‘‘(A) IN GENERAL.—Except as provided in

14 subparagraph (B), each publicly owned treat15 ment works that receives assistance under this

16 subsection shall be required to meet the re17 quirements of this Act in the same manner as

18 is required for each publicly owned treatment

19 works that receives assistance under title II.

20 ‘‘(B) EXCEPTION.—In the case of a pub21 licly owned treatment works in the District of

22 Columbia, the matching percentage required

23 under title II shall be 20 percent.’’.

24 (2) ADMINISTRATIVE COSTS.—Section

25 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by in-
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1 serting before the period at the end the following: ‘‘,

2 or, at the request of the State and with the approval

of the Administrator, 1 3 ⁄2 percent of the sum of the

4 total amount of the capitalization grants made to

5 the State under this title and funds deposited by the

6 State from sums made available by the State by ap7 propriations’’.

8 (3) RESERVATION OF FUNDS.—The first sen9 tence of section 205(g)(1) (33 U.S.C. 1285(g)(1)) is

10 amended by striking ‘‘ending before October 1,

11 1994’’ and inserting ‘‘ending before October 1,

12 1997’’.

13 (f) ALLOTMENT OF FUNDS.—

14 (1) IN GENERAL.—Subsection (a) of section

15 604 (33 U.S.C. 1384(a)) is amended to read as fol16 lows:

17 ‘‘(a) ALLOTMENT.—

18 ‘‘(1) AMOUNT ALLOTTED IN ACCORDANCE WITH

19 SECTION 205(c).—

20 ‘‘(A) IN GENERAL.—The applicable per21 centage of the amounts made available by ap22 propriation to carry out this section for each of

23 fiscal years 1995 through 2000 shall be allotted

24 by the Administrator in accordance with section

25 205(c).
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1 ‘‘(B) APPLICABLE PERCENTAGE.—The ap2 plicable percentage referred to in subparagraph

3 (A) shall be—

4 ‘‘(i) 60 percent for fiscal year 1995;

5 ‘‘(ii) 40 percent for fiscal year 1996;

6 ‘‘(iii) 20 percent for fiscal year 1997;

7 and

8 ‘‘(iv) 0 percent for each of fiscal years

9 1998 through 2000.

10 ‘‘(2) AMOUNT ALLOTTED IN ACCORDANCE WITH

11 NEW FORMULAS.—

12 ‘‘(A) GENERAL ALLOTMENT.—

13 ‘‘(i) IN GENERAL.—The applicable

14 percentage of the amounts made available

15 by appropriation to carry out this section

16 for each of fiscal years 1995 through 2000

17 shall be allotted by the Administrator in

18 accordance with a formula that the Admin19 istrator shall establish pursuant to this

20 subparagraph.

21 ‘‘(ii) APPLICABLE PERCENTAGE.—The

22 applicable percentage referred to in clause

23 (i) shall be—

24 ‘‘(I) 40 percent for fiscal year

25 1995;
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1 ‘‘(II) 55 percent for fiscal year

2 1996;

3 ‘‘(III) 70 percent for fiscal year

4 1997;

5 ‘‘(IV) 85 percent for fiscal year

6 1998;

7 ‘‘(V) 80 percent for fiscal year

8 1999; and

9 ‘‘(VI) 75 percent for fiscal year

10 2000.

11 ‘‘(iii) FORMULA.—

12 ‘‘(I) IN GENERAL.—Not later

13 than October 1, 1994, and every 2

14 years thereafter through October 1,

15 2000, the Administrator shall, by reg16 ulation, establish a formula for allot17 ting the amounts referred to in clause

18 (i).

19 ‘‘(II) CRITERIA FOR FORMULA.—

20 Each formula referred to in clause (i)

21 shall provide for—

22 ‘‘(aa) the allotment to each

23 State of an amount that bears

24 the same ratio to the amounts

25 made available for allotment
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1 under this subparagraph as the

2 total amount of costs of projects

3 eligible for assistance under sec4 tion 603(c)(1) for the State bears

5 to the total amount of costs of

6 projects eligible for assistance

7 under section 603(c)(1) for all

8 States; and

9 ‘‘(bb) the adjustment of the

10 amounts allotted pursuant to

11 item (aa) to meet the require12 ments of paragraph (3).

13 ‘‘(B) ALLOTMENT FOR WATERSHED MAN14 AGEMENT AND PLANNING.—

15 ‘‘(i) IN GENERAL.—The applicable

16 percentage of the amounts made available

17 by appropriation to carry out this section

18 for each of fiscal years 1995 through 2000

19 shall be allotted by the Administrator for

20 watershed planning and management

21 under section 321 in accordance with a

22 formula that the Administrator shall estab23 lish pursuant to this subparagraph.
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1 ‘‘(ii) APPLICABLE PERCENTAGE.—The

2 applicable percentage referred to in clause

3 (i) shall be—

4 ‘‘(I) 5 percent for fiscal year

5 1996;

6 ‘‘(II) 10 percent for fiscal year

7 1997;

8 ‘‘(III) 15 percent for fiscal year

9 1998;

10 ‘‘(IV) 20 percent for fiscal year

11 1999; and

12 ‘‘(V) 25 percent for fiscal year

13 2000.

14 ‘‘(iii) FORMULA.—

15 ‘‘(I) IN GENERAL.—Not later

16 than October 1, 1994, and every 2

17 years thereafter through October 1,

18 2000, the Administrator shall, by reg19 ulation, establish a formula for allot20 ting the amounts referred to in clause

21 (i).

22 ‘‘(II) CRITERIA FOR FORMULA.—

23 Each formula referred to in clause (i)

24 shall provide for—
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1 ‘‘(aa) the allotment to each

2 State of an amount that bears

3 the same ratio to the amounts

4 made available for allotment

5 under this subparagraph as the

6 total amount of costs of projects

7 eligible for assistance under sec8 tion 603(c)(1)(F) for the State

9 bears to the total amount of

10 costs of projects eligible for as11 sistance under section

12 603(c)(1)(F) for all States; and

13 ‘‘(bb) the adjustment of the

14 amounts allotted pursuant to

15 item (aa) to meet the require16 ments of paragraph (3).

17 ‘‘(3) MINIMUM ALLOTMENT.—

18 ‘‘(A) IN GENERAL.—Except as provided in

19 subparagraph (B), the minimum percentage

20 amount of the amounts made available by ap21 propriation to carry out this section for each of

22 fiscal years 1995 through 2000 allotted to each

of the 50 States shall be 1 23 ⁄2 percent.

24 ‘‘(B) CERTAIN TERRITORIES.—
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1 ‘‘(i) IN GENERAL.—A total amount

2 equal to the amount specified in clause (ii)

3 shall be allotted among the following:

4 ‘‘(I) American Samoa.

5 ‘‘(II) Guam.

6 ‘‘(III) The Commonwealth of the

7 Northern Mariana Islands.

8 ‘‘(IV) The Republic of Palau

9 (pending ratification of the Compact

10 of Free Association).

11 ‘‘(V) The United States Virgin

12 Islands.

13 ‘‘(ii) AMOUNT SPECIFIED.—The total

14 amount allotted pursuant to clause (i) shall

be not less than 1 15 ⁄3 percent of the amounts

16 made available by appropriation to carry

17 out this section for each of fiscal years

18 1995 through 2000.’’.

19 (2) PLANNING FUNDS.—Subsection (b) of sec20 tion 604 (33 U.S.C. 1384(b)) is amended to read as

21 follows:

22 ‘‘(b) RESERVATION OF FUNDS FOR PLANNING.—To

23 carry out planning under sections 205(j)(2), 303(e), and

24 321, each State shall reserve for each fiscal year the

25 greater of—
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1 ‘‘(1) an amount not to exceed 3 percent of the

2 funds allotted to the State under this section for the

3 fiscal year; or

4 ‘‘(2) $250,000.’’.

5 (3) USE OF UNOBLIGATED FUNDS.—Section

6 604(c) (33 U.S.C. 1384(c)) is amended by striking

7 paragraph (2) and inserting the following new para8 graph:

9 ‘‘(2) USE OF UNOBLIGATED FUNDS.—

10 ‘‘(A) IN GENERAL.—Any unobligated

11 amount of any allotment to a State on the last

12 day of the 2-year period of availability estab13 lished under paragraph (1), shall be deposited

14 in an unobligated funds account in the Treas15 ury of the United States.

16 ‘‘(B) GRANTS.—Amounts in the account

17 referred to in subparagraph (A) shall be avail18 able to the Administrator to award grants to

19 fund 100 percent of the cost of a modification

20 or replacement of any innovative process or

21 technology funded under title II.

22 ‘‘(C) CRITERIA FOR GRANT AWARDS.—The

23 Administrator may award a grant under this

24 paragraph on the basis of a finding that the

25 process or technology has not met design per-
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1 formance specifications and has significantly in2 creased capitalization or operation maintenance

3 costs, unless the failure of the process or tech4 nology to meet the specifications is attributable

5 to negligence on the part of a person.’’.

6 (g) ALTERNATIVE USE OF FUNDS.—Section

7 602(b)(3) (33 U.S.C. 1382(b)(3)) is amended by striking

8 ‘‘120’’ and inserting ‘‘200’’.

9 (h) AUTHORIZATION OF APPROPRIATIONS.—Section

10 607 (33 U.S.C. 1387) is amended—

11 (1) by striking ‘‘There is authorized’’ and in12 serting ‘‘(a) IN GENERAL.—Except as provided in

13 subsection (b), there are authorized’’;

14 (2) in subsection (a) (as so designated)—

15 (A) in paragraph (4), by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (5), by striking the pe18 riod at the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following new

20 paragraph:

21 ‘‘(6) $2,500,000,000 for each of fiscal years

22 1995 through 2000.’’; and

23 (3) by adding at the end the following new sub24 section:

25 ‘‘(b) DEFICIT REDUCTION.—
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1 ‘‘(1) FISCAL YEARS 1996 THROUGH 1998.—If,

2 with respect to any of fiscal years 1996 through

3 1998, the estimate of the on-budget deficit contained

4 in the most recent mid-session review of the budget

5 prepared pursuant to section 1106 of title 31, Unit6 ed States Code, does not exceed the on-budget defi7 cit specified for the fiscal year in section 2 of the

8 conference report to accompany House Concurrent

9 Resolution 64, setting forth the congressional budget

10 of the United States Government for fiscal years

11 1994 through 1998, as passed by the Senate on

12 April 1, 1993, the amount authorized to be appro13 priated under subsection (a) for the fiscal year shall

14 be increased by—

15 ‘‘(A) for fiscal year 1996, $500,000,000;

16 ‘‘(B) for fiscal year 1997, $1,000,000,000;

17 and

18 ‘‘(C) for fiscal year 1998, $1,500,000,000.

19 ‘‘(2) FISCAL YEARS 1999 AND 2000.—If, with re20 spect to fiscal year 1999 or 2000, the estimate of

21 the on-budget deficit contained in the most recent

22 mid-session review of the budget prepared pursuant

23 to section 1106 of title 31, United States Code, does

24 not exceed the estimate for the preceding fiscal year,

25 the amount authorized to be appropriated under
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1 subsection (a) for the fiscal year shall be increased

2 by—

3 ‘‘(A) for fiscal year 1999, $2,000,000,000;

4 and

5 ‘‘(B) for fiscal year 2000,

6 $2,500,000,000.’’.

7 (i) CONSTRUCTION GRANTS.—

8 (1) AMENDMENTS TO TITLE II.—Title II (33

9 U.S.C. 1281 et seq.) is amended—

10 (A) in section 205(c)(3) (33 U.S.C.

11 1285(c)(3))—

12 (i) in the paragraph heading, by strik13 ing ‘‘1987–1990’’ and inserting ‘‘1987–2000’’;

14 and

15 (ii) by striking ‘‘1987, 1988, 1989,

16 and 1990’’ and inserting ‘‘1987 through

17 2000’’; and

18 (B) in section 218(c) (33 U.S.C. 1298(c)),

19 by striking ‘‘$10,000,000’’ and inserting

20 ‘‘$20,000,000’’.

21 (2) CONSTRUCTION GRANTS.—The matter

22 under the heading ‘‘CONSTRUCTION GRANTS’’ under

23 the heading ‘‘ENVIRONMENTAL PROTECTION AGEN24 CY’’ in title III of the Departments of Veterans Af25 fairs and Housing and Urban Development, and
27

•S 1114 IS

1 Independent Agencies Appropriations Act, 1990

2 (Public Law 101–144; 103 Stat. 858) is amended by

3 striking all after ‘‘Ware Shoals, South Carolina’’ and

4 inserting a period.

5 SEC. 102. STATE PROGRAM GRANTS.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

7 106(a) (33 U.S.C. 1256(a)) is amended—

8 (1) by inserting after ‘‘(a)’’ the following new

9 subsection heading: ‘‘AUTHORIZATION OF APPRO10 PRIATIONS.—’’;

11 (2) in paragraph (1), by striking ‘‘and’’ at the

12 end;

13 (3) in paragraph (2)—

14 (A) by inserting ‘‘and’’ after ‘‘1990;’’; and

15 (B) by striking ‘‘for grants to States’’ and

16 all that follows through the end of the para17 graph; and

18 (4) by adding at the end the following new

19 paragraphs:

20 ‘‘(3) such sums as may be necessary for each

21 of fiscal years 1991 through 1994; and

22 ‘‘(4) $150,000,000 for each of fiscal years 1995

23 through 2000.’’.

24 (b) STATE PROGRAM.—Subsection (b) of section 106

25 (33 U.S.C. 1256(b)) is amended to read as follows:
28

•S 1114 IS

1 ‘‘(b) STATE PROGRAM.—From the sums made avail2 able pursuant to subsection (a), the Administrator shall

3 make grants to the States and to interstate agencies to

4 support the administration of comprehensive State water

5 pollution control programs for the prevention, reduction,

6 and elimination of water pollution, including enforcement

7 directly or through appropriate State law enforcement of8 ficers or agencies.’’.

9 (c) ALLOTMENTS.—Subsection (c) of section 106 (33

10 U.S.C. 1256(c)) is amended to read as follows:

11 ‘‘(c) ALLOTMENTS.—

12 ‘‘(1) IN GENERAL.—Sums made available by

13 appropriation pursuant to subsection (a) for any fis14 cal year, other than sums reserved pursuant to para15 graph (2), shall be allotted to States and interstate

16 agencies on the basis of the extent of water pollution

17 problems in the respective States and the other re18 quirements of this section.

19 ‘‘(2) INNOVATIVE PROGRAMS.—Of the sums

20 made available by appropriation pursuant to sub21 section (a) for any fiscal year, an amount equal to

22 25 percent of the amount in excess of $80,000,000

23 shall be available to the Administrator for making

24 grants to States for the support of innovative pro25 grams for the control and prevention of water pollu-
29

•S 1114 IS

1 tion that have potential application to other

2 States.’’.

3 (d) STATE SHARE.—Subsection (d) of section 106

4 (33 U.S.C. 1256(d)) is amended to read as follows:

5 ‘‘(d) STATE SHARE.—

6 ‘‘(1) GRANT CONDITION.—A grant made to a

7 State or interstate agency pursuant to this section

8 shall be made on the condition that the State or

9 interstate agency provide from non-Federal funds an

10 amount determined by multiplying the amount allot11 ted to the State or interstate agency pursuant to

12 subsection (c) by the applicable percentage specified

13 in paragraph (2).

14 ‘‘(2) APPLICABLE PERCENTAGE.—The applica15 ble percentage referred to in paragraph (1) shall

16 be—

17 ‘‘(A) 30 percent for fiscal year 1995;

18 ‘‘(B) 40 percent for fiscal year 1996; and

19 ‘‘(C) 50 percent for each fiscal year there20 after.’’.

21 (e) EMERGENCY POWERS.—Section 106(e) (33

22 U.S.C. 1256(e)) is amended—

23 (1) by inserting after ‘‘(e)’’ the following new

24 subsection heading: ‘‘EMERGENCY POWERS.—’’; and
30

•S 1114 IS

1 (2) by striking ‘‘program—’’ and all that fol2 lows through ‘‘(2)’’ and inserting ‘‘program’’.

3 (f) OTHER AGENCIES.—Section 106 (33 U.S.C.

4 1256) is amended by adding at the end the following new

5 subsection:

6 ‘‘(h) OTHER AGENCIES.—A State that receives a

7 grant under this section may reserve an amount equal to

8 not more than 20 percent of the amount of the grant to

9 support the participation by substate regional comprehen10 sive planning agencies in water quality planning activities,

11 including participation by the agencies in the development

12 and periodic revision of a continuing water quality plan13 ning process pursuant to section 303(e).’’.

14 (g) CONFORMING AMENDMENT.—The section head15 ing of section 106 (33 U.S.C. 1256) is amended to read

16 as follows:

17 ‘‘SEC. 106. GRANTS FOR POLLUTION CONTROL PROGRAM.’’.

18 SEC. 103. GENERAL PROGRAM AUTHORIZATIONS.

19 Section 517 (33 U.S.C. 1376) is amended—

20 (1) by striking ‘‘and’’ before ‘‘$135,000,000’’;

21 and

22 (2) by inserting before the period at the end the

23 following: ‘‘, such sums as may be necessary for each

24 of fiscal years 1991 through 1993, $185,000,000 for

25 each of fiscal years 1994 and 1995, $190,000,000
31

•S 1114 IS

1 for each of fiscal years 1996 and 1997,

2 $195,000,000 for each of fiscal years 1998 and

3 1999, and $200,000,000 for fiscal year 2000.’’.

4 TITLE II—TOXIC POLLUTION

5 PREVENTION AND CONTROL

6 SEC. 201. POINT SOURCE TECHNOLOGY BASED CONTROLS.

7 (a) EFFLUENT GUIDELINES.—Subsection (b) of sec8 tion 304 (33 U.S.C. 1314(b)) is amended to read as fol9 lows:

10 ‘‘(b) EFFLUENT GUIDELINES.—

11 ‘‘(1) REQUIREMENTS FOR EFFLUENT GUIDE12 LINES.—The Administrator shall, after notice and

13 opportunity for public comment, promulgate regula14 tions that establish effluent guidelines applicable to

15 point sources (other than publicly owned treatment

16 works) that discharge conventional, nonconventional,

17 toxic, or other pollutants to navigable waters. In

18 terms of the quantities of constituents and the

19 chemical, physical, and biological characteristics of

20 pollutants, the regulations shall—

21 ‘‘(A) reflect the application of the best

22 available technology economically achievable for

23 each category or class of sources to which the

24 effluent guideline applies;
32

•S 1114 IS

1 ‘‘(B) for a determination of the best avail2 able technology economically achievable under

3 subparagraph (A), rely on, and require, to the

4 maximum extent practicable, source reduction

5 measures and practices, including changes in

6 production processes, products, or raw mate7 rials that reduce, avoid, or eliminate the gen8 eration of toxic or hazardous byproducts, taking

9 into account any adverse effects on human

10 health (including the health of workers) and the

11 environment;

12 ‘‘(C) require the elimination of the dis13 charge of pollutants to navigable waters in any

14 case in which the Administrator finds that the

15 elimination is technologically and economically

16 achievable for the category or class of sources

17 to which the effluent guideline applies;

18 ‘‘(D) prohibit or limit the release of pollut19 ants to other environmental media (including

20 ground water) to the extent that the prohibition

21 or limitation is technologically and economically

22 achievable for the category or class of sources

23 to which the effluent guideline applies; and

24 ‘‘(E) prohibit specific control measures or

25 practices that the Administrator determines are
33

•S 1114 IS

1 likely to have a significant adverse impact on

2 any environmental medium.

3 ‘‘(2) FACTORS THAT THE ADMINISTRATOR MAY

4 CONSIDER.—In determining whether any prohibition,

5 limitation, or requirement is technologically or eco6 nomically achievable for a category or class of

7 sources, the Administrator may consider, with re8 spect to the category or class—

9 ‘‘(A) the age of the equipment and facili10 ties involved;

11 ‘‘(B) the process employed;

12 ‘‘(C) the engineering aspects of the appli13 cation of various types of control techniques

14 and process changes (including in-plant source

15 reduction measures, in addition to end-of-pipe

16 controls);

17 ‘‘(D) the cost of achieving the limitation,

18 prohibition, or requirement; and

19 ‘‘(E) other factors that the Administrator

20 determines appropriate.’’.

21 (b) NEW SOURCE PERFORMANCE STANDARDS.—

22 (1) IN GENERAL.—Paragraph (1) of section

23 306(a) (33 U.S.C. 1316(a)(1)) is amended to read

24 as follows:
34

•S 1114 IS

1 ‘‘(1)(A) The term ‘standard of performance’ means

2 a standard for the control of the discharge of pollutants

3 that reflects the greatest degree of effluent reduction that

4 the Administrator determines to be achievable through ap5 plication of the best available demonstrated control tech6 nology, processes, operating methods, or other alter7 natives.

8 ‘‘(B) In determining the best available demonstrated

9 control technology, the Administrator shall—

10 ‘‘(i) rely upon and require, to the maximum ex11 tent practicable, source reduction measures and

12 practices, including changes in production processes,

13 products, or raw materials, that reduce, avoid, or

14 eliminate the generation of toxic or hazardous by15 products, taking into account any adverse effects on

16 human health (including the health of workers) and

17 the environment;

18 ‘‘(ii) eliminate the discharge of pollutants to

19 navigable waters in any case in which the Adminis20 trator determines that the elimination is techno21 logically and economically achievable for the cat22 egory or class of sources to which the standard

23 applies;

24 ‘‘(iii) prohibit or limit the release of pollutants

25 to other environmental media (including ground
35

•S 1114 IS

1 water) to the extent that the prohibition or limita2 tion is technologically and economically achievable

3 for the category or class of sources to which the

4 standard applies; and

5 ‘‘(iv) prohibit specific control measures or prac6 tices that the Administrator determines are likely to

7 have a significant adverse impact on any environ8 mental medium.’’.

9 (2) STANDARDS.—Section 306 (33 U.S.C.

10 1316) is amended—

11 (A) in subsection (b)(1)(B), by striking the

12 last 3 sentences; and

13 (B) by adding at the end the following new

14 subsection:

15 ‘‘(f) Each standard of performance established pursu16 ant to this section (including any revised standard estab17 lished pursuant to this section) shall become effective on

18 the date of proposal of the standard and shall apply to

19 all sources for which construction begins after the date

20 of proposal.’’.

21 (c) PRETREATMENT STANDARDS.—

22 (1) IN GENERAL.—Subsection (b) of section

23 307 (33 U.S.C. 1317(b)) is amended to read as fol24 lows:

25 ‘‘(b) PRETREATMENT STANDARDS.—
36

•S 1114 IS

1 ‘‘(1) IN GENERAL.—The Administrator shall,

2 after notice and opportunity for public comment,

3 promulgate regulations establishing pretreatment

4 standards for the introduction of toxic and

5 nonconventional pollutants into any treatment works

6 (as defined in section 212) that is publicly owned.

7 The regulations promulgated under this section

8 shall—

9 ‘‘(A) address each pollutant subject to an

10 effluent guideline under section 301 or 304 for

11 sources in the same class or category; and

12 ‘‘(B) be established to prevent the dis13 charge of any pollutant through the treatment

14 works, including pollutants that interfere with,

15 pass through, or prevent the beneficial reuse of,

16 or cause or contribute to the contamination of,

17 sewage sludge, or are otherwise incompatible

18 with, the treatment works.

19 ‘‘(2) REQUIREMENTS FOR PRETREATMENT

20 STANDARDS.—Each pretreatment standard shall—

21 ‘‘(A) reflect the application of the best

22 available technology economically achievable for

23 the category or class of sources to which the

24 standard applies;
37

•S 1114 IS

1 ‘‘(B) in determining the best available

2 technology economically achievable under sub3 paragraph (A), rely upon and require, to the

4 maximum extent practicable, source reduction

5 measures and practices, including changes in

6 production processes, products, or raw mate7 rials that reduce, avoid, or eliminate the gen8 eration of toxic or hazardous byproducts, taking

9 into account any adverse effects on human

10 health (including the health of workers) and the

11 environment;

12 ‘‘(C) provide for the elimination of the in13 troduction of pollutants into any treatment

14 works in any case in which the Administrator

15 determines that the elimination is techno16 logically and economically achievable for the

17 category or class of sources to which the stand18 ard applies;

19 ‘‘(D)(i) prohibit or limit the release of pol20 lutants to other environmental media (including

21 ground water) to the extent that the prohibition

22 or limitation is technologically or economically

23 achievable for the category or class of sources

24 to which the standard applies; and
38

•S 1114 IS

1 ‘‘(ii) prohibit specific control measures or

2 practices that the Administrator determines are

3 likely to have a significant adverse impact on

4 any environmental medium; and

5 ‘‘(E) be no less stringent than any effluent

6 guideline for the pollutants (other than any

7 conventional pollutant) and the category or

8 class of sources promulgated under section

9 304(b).

10 ‘‘(3) DESIGNATION OF CATEGORIES.—When

11 proposing or promulgating any pretreatment stand12 ard under this section, the Administrator shall des13 ignate the category or class of sources to which the

14 standard shall apply.

15 ‘‘(4) STATUTORY CONSTRUCTION.—Nothing in

16 this subsection is intended to affect any

17 pretreatment requirement established by the law (in18 cluding any regulation) of a State or a political sub19 division of a State, or a policy of a State or a politi20 cal subdivision of a State, that is more stringent

21 than any pretreatment standard for a pollutant,

22 other than a conventional pollutant, established

23 under this subsection.

24 ‘‘(5) COMPLIANCE DATE.—Each pretreatment

25 standard promulgated under this section shall speci-
39

•S 1114 IS

1 fy a date for compliance as expeditiously as prac2 ticable, but not later than 3 years after the date on

3 which the standard is promulgated.’’.

4 (2) SIMULTANEOUS PROMULGATION.—Section

5 307(c) (33 U.S.C. 1317(c)) is amended—

6 (A) by inserting ‘‘STANDARDS RE7 QUIRED.—’’ after ‘‘(c)’’;

8 (B) by striking ‘‘In order to ensure’’ and

9 inserting the following:

10 ‘‘(1) NEW SOURCES.—In order to ensure’’; and

11 (C) by striking the last sentence of the

12 subsection and inserting the following new

13 paragraph:

14 ‘‘(2) REQUIREMENTS FOR PRETREATMENT

15 STANDARDS.—A pretreatment standard referred to

16 in paragraph (1) shall—

17 ‘‘(A) comply with the requirements of sub18 section (b)(1), and may be more stringent than

19 a standard promulgated under such subsection

20 for existing sources; and

21 ‘‘(B) be no less stringent than any stand22 ard of performance promulgated under section

23 306 for the pollutants (other than conventional

24 pollutants) and category or class of sources to

25 which the pretreatment standard applies.’’.
40

•S 1114 IS

1 (d) CONFORMING AMENDMENTS.—Section 301(b)

2 (33 U.S.C. 1311(b)) is amended—

3 (1) in paragraph (1)—

4 (A) in subparagraph (C), by striking ‘‘not

5 later than July 1, 1977’’ and inserting ‘‘as ex6 peditiously as practicable, but not later than 3

7 years after the date the limitation is issued’’;

8 and

9 (B) by adding after subparagraph (C) the

10 following new sentence:

11 ‘‘A permit issued under section 402 may not contain

12 a compliance schedule for a limitation referred to in

13 subparagraph (C) if the compliance schedule is pre14 cluded by any State law (including any regulation)

15 or if the permit has previously included a limitation

16 applicable to the pollutant.’’;

17 (2) in paragraph (2)—

18 (A) in subparagraph (A), by striking ‘‘sec19 tion 304(b)(2) of this Act’’ both places it ap20 pears and inserting ‘‘section 304(b)’’;

21 (B) in subparagraphs (C) through (F), by

22 striking ‘‘, and in no case later than March 31,

23 1989’’ each place it appears; and
41

•S 1114 IS

1 (C) in subparagraph (E), by striking ‘‘sec2 tion 304(b)(4) of this Act’’ and inserting ‘‘sec3 tion 304(b)’’; and

4 (3) in paragraph (3)(A), by striking ‘‘, and in

5 no case later than March 31, 1989’’.

6 (e) SCHEDULE FOR GUIDELINES AND STANDARDS.—

7 (1) IN GENERAL.—Subsection (d) of section

8 301 (33 U.S.C. 1311(d)) is amended to read as fol9 lows:

10 ‘‘(d) REVISION OF EFFLUENT GUIDELINES.—

11 ‘‘(1) IN GENERAL.—Any effluent guideline (and

12 each related requirement, including any limitation)

13 required pursuant to subsection (b)(2) or promul14 gated under section 304(b) shall be reviewed in ac15 cordance with the schedule established under section

16 304(m).

17 ‘‘(2) REVISION OF GUIDELINE.—If, in the judg18 ment of the Administrator, there have been signifi19 cant changes in factors pertaining to the guidelines,

20 including advances in pollution control technology or

21 source reduction practices, that are likely to achieve

22 a significant reduction in the toxicity of pollutants

23 discharged to navigable waters by sources in the cat24 egory or class of sources to which an effluent guide-
42

•S 1114 IS

1 line applies, the Administrator shall revise the guide2 line.

3 ‘‘(3) SIMULTANEOUS REVIEW AND REVISION.—

4 At the same time as the Administrator reviews or re5 vises an effluent guideline (or related requirement)

6 pursuant to this subsection, the Administrator shall

7 review or revise new source performance standards

8 promulgated pursuant to section 306 and

9 pretreatment standards for existing sources and new

10 sources promulgated pursuant to section 307 for

11 sources in the class or category of sources.’’.

12 (2) PLAN FOR REVIEW.—Section 304(m) (33

13 U.S.C. 1314(m)) is amended—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘(1)’’ and all that fol16 lows through ‘‘biennially’’ and inserting the

17 following:

18 ‘‘(1) PUBLICATION.—Not later than January 1,

19 1998, and every 5 years’’;

20 (ii) in subparagraph (A)—

21 (I) by striking ‘‘annual’’; and

22 (II) by inserting before the semi23 colon the following: ‘‘, new source per24 formance standards promulgated in

25 accordance with section 306, and
43

•S 1114 IS

1 pretreatment standards for existing

2 sources and new sources promulgated

3 pursuant to section 307’’;

4 (iii) in subparagraph (B)—

5 (I) by striking ‘‘discharging toxic

6 or nonconventional pollutants’’;

7 (II) by striking ‘‘(b)(2)’’ and in8 serting ‘‘(b)’’; and

9 (III) by striking ‘‘section 306’’

10 and inserting ‘‘sections 306 and 307’’;

11 and

12 (iv) in subparagraph (C), by striking

13 ‘‘3 years after the publication of the plan’’

14 and inserting ‘‘5 years after the publica15 tion of the plan’’; and

16 (B) by adding at the end the following new

17 paragraphs:

18 ‘‘(3) REVIEW OF INDIRECT DISCHARGE STAND19 ARDS.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraph (B), notwithstanding section

22 301(d) and any other requirement of this sub23 section, the Administrator shall, as part of the

24 plan required to be developed by the Adminis25 trator pursuant to this subsection by January
44

•S 1114 IS

1 1, 1998, assess standards for existing sources

2 and new sources developed pursuant to section

3 307 and identify, with respect to each standard

4 applicable to pollutants that do not biodegrade,

5 any requirements of the standard that are less

6 stringent than the requirements under this sec7 tion and sections 301 and 306.

8 ‘‘(B) EXCEPTION.—Subparagraph (A) may

9 not apply with respect to a category or sub10 category of industrial sources with respect to

11 which no facility would be affected by a stand12 ard promulgated pursuant to section 307.

13 ‘‘(4) SIMULTANEOUS PUBLICATION.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraph (B), notwithstanding any other

16 provision of this Act, at the same time as the

17 Administrator promulgates and publishes efflu18 ent guidelines pursuant to section 301 and this

19 section, the Administrator shall, for each indus20 try that is covered by guidelines promulgated

21 pursuant to such sections, promulgate and pub22 lish—

23 ‘‘(i) standards for new sources pursu24 ant to section 306; and
45

•S 1114 IS

1 ‘‘(ii) pretreatment standards for exist2 ing sources and new sources pursuant to

3 section 307.

4 ‘‘(B) EXCEPTION.—If, with respect to the

5 pretreatment standards for existing sources re6 ferred to in subparagraph (A)(ii), no facility

7 would be affected by the standards, the require8 ments of such subparagraph may not apply

9 with respect to the existing sources.’’.

10 (3) CONFORMANCE WITH CONSENT DECREE.—

11 Nothing in this Act or the amendments made by this

12 Act is intended to relieve the Administrator of any

13 requirements or obligations of the Administrator

14 under the settlement decree in Natural Resources

15 Defense Council v. Reilly, Civ. No. 89–2980 (D.D.C.

16 filed January 25, 1991).’’.

17 (f) FEES.—Section 308 (33 U.S.C. 1318) is amended

18 by adding at the end the following new subsection:

19 ‘‘(e) FEES FOR ISSUANCE OF GUIDELINES AND

20 STANDARDS.—

21 ‘‘(1) IN GENERAL.—The Administrator shall,

22 not later than the date of the promulgation or revi23 sion of any—
46

•S 1114 IS

1 ‘‘(A) effluent limitation or guideline pro2 mulgated under section 301(b) and section

3 304(b);

4 ‘‘(B) new source performance standard

5 promulgated under section 306; or

6 ‘‘(C) pretreatment standard promulgated

7 under subsections (b) and (c) of section 307,

8 identify the cost incurred by the Administrator in

9 developing the guideline or standard.

10 ‘‘(2) FEES.—The Administrator shall assess the

11 owner or operator of any facility with a permit is12 sued pursuant to section 402, or an individual con13 trol mechanism issued under section 307(b), and

14 regulated by a guideline or standard referred to in

15 paragraph (1) a fee in an amount equal to a propor16 tional share of the estimated cost referred to in

17 paragraph (1). The total amount of fees assessed

18 with respect to a guideline or standard shall be suffi19 cient to offset the full cost of developing and pub20 lishing the guideline or standard.

21 ‘‘(3) MODIFICATION OR WAIVER.—The Admin22 istrator may modify or waive an assessment de23 scribed in paragraph (2) on the basis of a finding

24 that—
47

•S 1114 IS

1 ‘‘(A) a source is a small business, as de2 fined in section 3(a) of the Small Business Act

3 (15 U.S.C. 632); or

4 ‘‘(B) the assessment would pose an unrea5 sonable financial hardship for the source.

6 ‘‘(4) OTHER CONDITIONS FOR MODIFICATION.—

7 The Administrator may modify an assessment de8 scribed in paragraph (2) if the Administrator deter9 mines that the source will demonstrate new or inno10 vative technology.

11 ‘‘(5) SPECIAL FUND.—An amount equal to the

12 amount of assessments collected pursuant to this

13 subsection shall be placed in a special fund of the

14 United States Treasury and shall be available with15 out appropriation only to carry out the activities of

16 the Administrator relating to the development and

17 promulgation of effluent guidelines, new source per18 formance standards, and pretreatment standards

19 under this Act.

20 ‘‘(6) LIABILITY FOR ASSESSMENT.—

21 ‘‘(A) IN GENERAL.—Any discharger that—

22 ‘‘(i) applies for a permit to operate

23 pursuant to an effluent guideline for which

24 the Administrator made assessments under

25 this subsection; and
48

•S 1114 IS

1 ‘‘(ii) should have paid an assessment

2 referred to in clause (i),

3 shall be liable for the assessment at the time

4 the permit application is filed and shall be sub5 ject to a penalty in an amount equal to not less

6 than 50 percent of the assessment, plus interest

7 computed in the same manner as under section

8 6621(a)(2) of the Internal Revenue Code of

9 1986 (relating to computation of interest on

10 underpayment of Federal taxes).

11 ‘‘(B) DEPOSIT IN FUND.—An amount

12 equal to the amount of any assessments, pen13 alties, and interest collected pursuant to this

14 paragraph shall be placed in the fund estab15 lished under paragraph (5).’’.

16 SEC. 202. WATER QUALITY CRITERIA AND STANDARDS.

17 (a) CRITERIA DOCUMENTS.—Section 304(a) (33

18 U.S.C. 1314(a)) is amended—

19 (1) in paragraph (1)(A), by striking the semi20 colon at the end and inserting ‘‘and the sediment as21 sociated with the bodies of water; and’’;

22 (2) in paragraph (2)—

23 (A) by striking ‘‘and’’ at the end of sub24 paragraphs (B) and (C); and
49

•S 1114 IS

1 (B) by striking the period at the end of the

2 paragraph and inserting ‘‘; and (E) for toxic

3 pollutants, on numerical pollutant concentration

4 criteria that are sufficient to ensure the attain5 ment of designated uses established by a

6 State.’’;

7 (3) in paragraph (4)—

8 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’;

9 (B) in the first sentence, by striking ‘‘fecal

10 coliform, and pH’’ and inserting ‘‘pathogens or

11 indicators of pathogens (or both), pH, oil, and

12 grease’’; and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(B) Not later than 3 years after the date of enact16 ment of this subparagraph, the Administrator shall pub17 lish criteria pursuant to paragraph (1)—

18 ‘‘(i) for those pollutants or factors that the Ad19 ministrator determines pose the greatest risk to the

20 physical, chemical, or biological integrity of waters

21 from all nonpoint sources; and

22 ‘‘(ii) that, on the basis of the potential for im23 proving water quality and enhancing the protection

24 of aquatic life and wildlife, programmatic needs, or

25 effectiveness, would provide the greatest benefit in
50

•S 1114 IS

1 the restoration and protection of the physical, chemi2 cal, and biological integrity of waters, including, at

3 a minimum, nutrients, suspended solids, and dis4 solved oxygen.’’;

5 (4) by striking paragraph (5) and inserting the

6 following new paragraph:

7 ‘‘(5)(A) Not later than 2 years after the date of en8 actment of the Water Pollution Prevention and Control

9 Act of 1993, and every 5 years thereafter, the Adminis10 trator shall prepare and publish in the Federal Register

11 a plan for the development of criteria and information pur12 suant to this subsection during the 5-year period begin13 ning on the date of publication of the plan, and, after pro14 viding opportunity for public review and comment, submit

15 the plan to Congress.

16 ‘‘(B) Each plan prepared pursuant to this paragraph

17 shall identify the relative need for new or revised—

18 ‘‘(i) human health criteria;

19 ‘‘(ii) aquatic life criteria for fresh waters and

20 waters of the estuarine zone, the territorial sea, the

21 contiguous zone, and the ocean;

22 ‘‘(iii) sediment quality criteria;

23 ‘‘(iv) criteria for pollutants associated with

24 nonpoint sources of pollution;
51

•S 1114 IS

1 ‘‘(v) criteria for pollutants associated with

2 lakes;

3 ‘‘(vi) ground water criteria;

4 ‘‘(vii) biological, physical, and habitat criteria;

5 and

6 ‘‘(viii) ambient toxicity criteria.

7 ‘‘(C) Each plan prepared pursuant to this paragraph

8 shall establish a schedule for the publication of final cri9 teria that the Administrator determines would result in

10 the greatest benefit to human health and the environment.

11 ‘‘(D) The initial plan published pursuant to this para12 graph shall provide for the publication, not later than 4

13 years after the date of enactment of this subparagraph,

14 of not fewer than 8 sediment quality criteria (including

15 criteria for polychlorinated biphenyls and dioxins) that the

16 Administrator determines would result in the greatest ben17 efit to human health or the environment.’’;

18 (5) in paragraph (6), by striking ‘‘and annually

19 thereafter, for purposes of section 301(h) of this

20 Act’’ and inserting ‘‘and every 5 years thereafter’’;

21 and

22 (6) by adding at the end the following new

23 paragraphs:

24 ‘‘(9) Beginning on the date that is 1 year after the

25 date of enactment of this paragraph, the Administrator
52

•S 1114 IS

1 shall, not later than the date of registration or reregistra2 tion of a pesticide pursuant to the Federal Insecticide,

3 Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),

4 require the registrant to provide information sufficient to

5 publish criteria pursuant to paragraph (1) for the pes6 ticide, unless the Administrator determines, on the basis

7 of the proposed use of the pesticide, that it is unlikely that

8 the pesticide or any metabolite of the pesticide will enter

9 surface water. This paragraph may not apply with respect

10 to any data submitted for a registration or reregistration

11 that the Administrator determines was complete on or be12 fore June 1, 1993.

13 ‘‘(10) Not later than 1 year after the date of enact14 ment of this paragraph, the Administrator shall establish

15 a policy to ensure that information necessary to publish

16 criteria pursuant to this subsection for chemical sub17 stances that are the subject of a premanufacture notice

18 pursuant to section 5 of the Toxic Substances Control Act

19 (15 U.S.C. 2604) shall be submitted to the Administrator,

20 unless the Administrator finds that the chemical sub21 stance—

22 ‘‘(A) will not be discharged to navigable waters

23 or to a publicly owned treatment works; or

24 ‘‘(B) will be discharged from a negligible quan25 tity of facilities.’’.
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1 (b) WATER QUALITY STANDARDS.—Section 303 (33

2 U.S.C. 1313) is amended—

3 (1) by striking subsections (a) and (b);

4 (2) by redesignating subsection (c) as sub5 section (a);

6 (3) by redesignating subsections (d) through (h)

7 as subsections (c) through (g); and

8 (4) in subsection (a) (as redesignated by para9 graph (2))—

10 (A) in second sentence of paragraph (1),

11 by inserting after ‘‘Results of such review’’ the

12 following: ‘‘(including the designated uses for

13 the navigable waters involved, the water quality

14 criteria for the waters based on the uses, and

15 the antidegradation policy of the State)’’;

16 (B) in paragraph (2)—

17 (i) in subparagraph (A)—

18 (I) in the second sentence, by in19 serting ‘‘and antidegradation policy’’

20 after ‘‘designated uses’’;

21 (II) in the third sentence, by in22 serting ‘‘and sediment’’ after ‘‘en23 hance the quality of water’’; and

24 (III) in the fourth sentence, by

25 striking ‘‘their use and value’’ and in-
54

•S 1114 IS

1 serting ‘‘the criteria developed under

2 section 304(a), the use of the water

3 and sediment, and the value’’; and

4 (ii) by adding at the end the following

5 new subparagraph:

6 ‘‘(C) Not later than 3 years after the date of enact7 ment of this subparagraph, each State shall adopt, as part

8 of the water quality standards of the State, a methodology

9 that allows the State to translate a narrative water quality

10 standard into a specific numeric limit for those pollutants

11 for which criteria guidance have not been published or for

12 which the State has not adopted numeric criteria pursuant

13 to section 304(a). In carrying out the preceding sentence,

14 the State shall use the provision or methodology for the

15 pollutants that cause water quality impairments.’’;

16 (C) by striking paragraphs (3) and (4);

17 and

18 (D) by adding at the end the following new

19 paragraphs:

20 ‘‘(3)(A) Each use designation made under this para21 graph shall apply to the designated water and to the

22 aquatic sediments of the water.

23 ‘‘(B) Not later than 3 years after the date of enact24 ment of paragraph (5), and as part of any subsequent tri25 ennial review of State water quality standards, each State
55

•S 1114 IS

1 shall report to the Administrator the designated uses of

2 waters within the State.

3 ‘‘(C) On the date that is 5 years after the date of

4 enactment of paragraph (5), all waters of the United

5 States for which a use has not been designated shall be

6 deemed to be designated as fishable and swimmable, un7 less a State establishes an alternative use for the waters.

8 ‘‘(4) Any chemical-specific numeric criterion pub9 lished pursuant to section 304(a) for a toxic pollutant

10 after the date of enactment of paragraph (5) (together

11 with the appropriate designated use) shall be deemed to

12 be the applicable standard under this section for all waters

13 unless a State objects to the application of the criterion

14 with respect to the waters of the State not later than 120

15 days after the date of publication of the criterion. If a

16 State objects to the application of the criterion by the date

17 specified in the preceding sentence, and the State adopts

18 a criterion by not later than 3 years after publication of

19 the criterion, the criterion may not apply with respect to

20 the State.

21 ‘‘(5)(A) For all waters of the State, after the date

22 of enactment of this paragraph, as expeditiously as prac23 ticable, but not later than 3 years after the date of publi24 cation of the criteria, each State shall adopt pollutant spe25 cific standards for any pollutant for which criteria are
56

•S 1114 IS

1 published pursuant to section 304(a)(1) the discharge or

2 presence of which in the affected waters could reasonably

3 be expected to interfere with those designated uses adopt4 ed by the State, as necessary to support the designated

5 uses.

6 ‘‘(B) A State may waive the obligation to adopt a

7 standard pursuant to this paragraph for criteria that

8 apply as standards pursuant to paragraph (4).’’.

9 (c) ANTIDEGRADATION.—Section 303 (33 U.S.C.

10 1313), as amended by subsection (b), is further amended

11 by inserting after subsection (a) the following new sub12 section:

13 ‘‘(b) ANTIDEGRADATION POLICY.—

14 ‘‘(1) IN GENERAL.—Each State shall develop

15 and implement a statewide antidegradation policy

16 and implementation procedures for the policy. The

17 Administrator shall review and approve or dis18 approve the policy and any revisions to the policy

19 adopted by each State. Not later than 3 years after

20 the date of enactment of this paragraph, the Admin21 istrator shall promulgate and implement an

22 antidegradation policy for each State that does not

23 have a policy that has been approved by the Admin24 istrator by the date.
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1 ‘‘(2) ANTIDEGRADATION POLICY IMPLEMENTA2 TION METHODS.—The methods for the implementa3 tion of an antidegradation policy under paragraph

4 (1) shall, at a minimum, be consistent with the fol5 lowing:

6 ‘‘(A) Existing instream water uses, includ7 ing any uses occurring on or after November

8 28, 1975, and the water and sediment quality

9 necessary to protect the existing uses, shall be

10 maintained and protected.

11 ‘‘(B)(i) Except as provided in clause (ii), if

12 the quality of waters and sediments exceeds lev13 els necessary to support the protection and

14 propagation of a balanced population of fish,

15 shellfish, and wildlife, and recreation in and on

16 the water, the quality shall be maintained and

17 protected.

18 ‘‘(ii) If the State finds, after public notice,

19 opportunity for public hearing, and full satisfac20 tion of the intergovernmental coordination pro21 visions of the continuing planning process of

22 the State, that allowing a reduction in the de23 gree of water quality or sediment quality is nec24 essary to accommodate important economic or

25 social development in the area in which the wa-
58

•S 1114 IS

1 ters are located, clause (i) may not apply. In al2 lowing a reduction in the degree of water qual3 ity or sediment quality, the State shall ensure

4 a degree of water and sediment quality ade5 quate to protect existing uses (as described in

6 subparagraph (A)), and the State shall en7 sure—

8 ‘‘(I) that all point sources discharging

9 to the waters, and each industrial user dis10 charging to a publicly owned treatment

11 works discharging to the waters for which

12 the level of water or sediment quality is to

13 be reduced, are subject to all applicable re14 quirements of this Act, including any

15 source reduction requirements established

16 pursuant to section 301, 304, 306, 307, or

17 401; and

18 ‘‘(II) that all nonpoint sources within

19 the State that affect or may affect the

20 water or sediment quality referred to in

21 subclause (I) are subject to enforceable

22 best management practices pursuant to

23 section 319 that are economically and tech24 nologically achievable for the sources.
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1 ‘‘(3) OUTSTANDING NATIONAL RESOURCE WA2 TERS.—

3 ‘‘(A) IN GENERAL.—If a high quality

4 water constitutes an outstanding national re5 source (as described in subparagraph (B)), the

6 water shall be maintained and protected by the

7 State.

8 ‘‘(B) STATE DESIGNATION OF OUTSTAND9 ING NATIONAL RESOURCE WATERS.—

10 ‘‘(i) IN GENERAL.—Not later than 2

11 years after the date of enactment of this

12 clause, each State shall designate and im13 plement a program to protect all outstand14 ing national resource waters within the

15 State.

16 ‘‘(ii) OUTSTANDING NATIONAL RE17 SOURCE WATERS.—Except as provided in

18 clause (iii), the outstanding national re19 source waters shall include all waters with20 in a national park, wildlife refuge, wild and

21 scenic river system, national forest, wilder22 ness area, national seashore or lakeshore,

23 or national monument. The State shall also

24 designate as outstanding national resource

25 waters those waters of exceptional rec-
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•S 1114 IS

1 reational, cultural, or ecological signifi2 cance, including any water that supports a

3 population of threatened or endangered

4 species, as identified in the guidance of the

5 Administrator published pursuant to sub6 paragraph (C).

7 ‘‘(iii) DECISION TO DECLINE TO MAKE

8 A DESIGNATION.—A State may propose

9 not to designate a specific water as an out10 standing national resource water, and the

11 Administrator may, after notice and oppor12 tunity for comment, approve the proposal,

13 if—

14 ‘‘(I) the State demonstrates to

15 the satisfaction of the Administrator

16 that the continued designation would

17 result in important social and eco18 nomic harms; and

19 ‘‘(II) with respect to waters with20 in Federal lands (if any), the Federal

21 manager of the lands concurs with the

22 State proposal.

23 ‘‘(C) GUIDANCE.—Not later than 1 year

24 after the date of enactment of this subpara25 graph, the Administrator shall publish guidance
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•S 1114 IS

1 for States to assist in the designation and pro2 tection of outstanding national resource waters

3 of ecological, cultural, or recreational signifi4 cance.

5 ‘‘(D) CONSEQUENCES OF FAILURE TO

6 DESIGNATE.—If the State fails to make the

7 designations required under this paragraph by

8 the date that is 3 years after the date of enact9 ment of this subparagraph, the Administrator

10 shall make the designations on such date.

11 ‘‘(E) STATE ANTIDEGRADATION POLICY.—

12 Each State antidegradation policy developed

13 under this subsection shall ensure that each

14 water of ecological significance designated pur15 suant to the guidance of the Administrator (in16 cluding any water of ecological significance that

17 may have been designated as an outstanding

18 national resource water under this paragraph)

19 meets water and sediment quality standards

20 that ensure the protection and propagation of a

21 balanced population of fish, shellfish, and wild22 life, and recreation in and on the water.

23 ‘‘(F) CITIZEN PETITION.—The State shall

24 include in the antidegradation policy of the

25 State provisions allowing any citizen of the
62

•S 1114 IS

1 State to petition the State for the designation

2 of a particular water as an outstanding national

3 resource water.

4 ‘‘(4) ANTIDEGRADATION REVIEW.—In order to

5 ensure that the antidegradation policy required by

6 this subsection is not violated, a permitting author7 ity shall conduct an antidegradation review for a

8 water prior to issuing any permit to a point source

9 authorizing any new, expanded, or increased dis10 charge of a pollutant to the receiving water.’’.

11 (d) MIXING ZONES.—Section 303 (33 U.S.C. 1313),

12 as amended by subsection (b), is further amended by add13 ing at the end the following new subsection:

14 ‘‘(h) MIXING ZONES.—

15 ‘‘(1) NATIONAL POLICY.—The Administrator

16 shall, not later than 2 years after the date of enact17 ment of this paragraph, establish a national policy

18 concerning the use of mixing zones.

19 ‘‘(2) REQUIREMENTS FOR POLICY.—The policy

20 established under paragraph (1) shall, at a mini21 mum, require that—

22 ‘‘(A) no acute toxicity will result from the

23 allowed dilution;
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•S 1114 IS

1 ‘‘(B) any area of allowed dilution shall be

2 as small as possible and be in a shape that fa3 cilitates monitoring;

4 ‘‘(C) the area of allowed dilution is cal5 culated on the assumption of water volume at

6 minimum stream flow for the receiving water;

7 and

8 ‘‘(D) no mixing zone is allowed in waters

9 designated as outstanding national resource wa10 ters pursuant to subsection (g)(3).

11 ‘‘(3) STATE POLICIES.—Not later than 3 years

12 after the date of enactment of this paragraph, each

13 State shall incorporate in the water quality stand14 ards issued by the State a mixing zone policy that

15 is not less stringent than the national policy estab16 lished under this subsection.’’.

17 (e) CONFORMING AMENDMENT.—Section 24 of the

18 Municipal Wastewater Treatment Construction Grant

19 Amendments of 1981 (33 U.S.C. 1313a) is amended by

20 striking ‘‘303(c)’’ both places it appears and inserting

21 ‘‘303(a)’’.

22 SEC. 203. TOXIC POLLUTANT PHASE-OUT.

23 (a) EFFLUENT PROHIBITION.—Section 307(a) (33

24 U.S.C. 1317(a)) is amended—
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•S 1114 IS

1 (1) in paragraph (2), by striking the second

2 sentence and all that follows through the end of the

3 paragraph; and

4 (2) by striking paragraphs (3) through (7) and

5 inserting the following new paragraphs:

6 ‘‘(3)(A) Not later than 1 year after the publication

7 of a list pursuant to paragraph (4), the Administrator

8 shall, by regulation, prohibit the discharge of any toxic

9 pollutant listed pursuant to paragraph (4). The regulation

10 shall apply to any discharges regulated pursuant to section

11 402 or an industrial user regulated pursuant to subsection

12 (b).

13 ‘‘(B) Each regulation issued pursuant to this para14 graph shall specify acceptable analytical methods and a

15 compliance level.

16 ‘‘(C) The regulation shall provide a process for the

17 Administrator to adjust a prohibition pursuant to this

18 paragraph to provide an offset for the amount of a prohib19 ited pollutant in the water supply of the source in a man20 ner consistent with section 129 of title 40, Code of Federal

21 Regulations (as in effect on October 1, 1993).

22 ‘‘(D) The Administrator may exempt a category of

23 sources from the requirements of this paragraph if the Ad24 ministrator determines that compliance by the category
65

•S 1114 IS

1 with the requirements of such paragraph is not techno2 logically feasible.

3 ‘‘(4) Not later than 2 years after the date of enact4 ment of the Water Pollution Prevention and Control Act

5 of 1993, and every 5 years thereafter, the Administrator

6 shall publish proposed regulations listing those pollutants

7 that the Administrator determines to—

8 ‘‘(A) be highly toxic or toxic and highly

9 bioaccumulative; and

10 ‘‘(B) occur in surface water predominately as a

11 result of discharges.

12 ‘‘(5)(A) On receiving a petition from any person, the

13 Administrator may add a pollutant to the list established

14 pursuant to paragraph (4). Each person who petitions for

15 the listing of an additional pollutant pursuant to this para16 graph shall submit to the Administrator sufficient infor17 mation to make a determination under paragraph (4) not

18 later than 1 year before the date specified in paragraph

19 (4) for the publication of a list. The Administrator shall

20 include in a notice in the Federal Register concerning the

21 establishment of the list the basis for the decision of the

22 Administrator to list or decline to list a pollutant ad23 dressed in a petition submitted to the Administrator pur24 suant to this paragraph.
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•S 1114 IS

1 ‘‘(B) If, on receipt of a petition referred to in sub2 paragraph (A), the Administrator determines that the ad3 dition of a pollutant to the list is warranted, but that—

4 ‘‘(i) the immediate proposal and timely promul5 gation of a final regulation listing the pollutant in

6 accordance with this subsection is precluded by other

7 actions under this subsection concerning the listing

8 of a pollutant; and

9 ‘‘(ii) expeditious progress is being made to list

10 pollutants pursuant to this subsection, with respect

11 to which the listing requirements of this subsection

12 are no longer appropriate,

13 the Administrator shall promptly publish the determina14 tion in the Federal Register, together with a description

15 and evaluation of the reasons and the data on which the

16 determination is based.

17 ‘‘(6)(A) Each toxic pollutant prohibition established

18 pursuant to this subsection shall take effect as expedi19 tiously as practicable but not later than 5 years after the

20 date of promulgation of the regulation establishing a pro21 hibition under this subsection.

22 ‘‘(B) If, at the end of the maximum compliance pe23 riod under subparagraph (A), the Administrator deter24 mines for a source or category of sources that—
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•S 1114 IS

1 ‘‘(i) a prohibited pollutant cannot be eliminated

2 through the use of alternative substances or proc3 esses; and

4 ‘‘(ii) the source is making the maximum use of

5 available technology,

6 the Administrator may extend the compliance period for

7 the source or category of sources for a period of 5 years,

8 and may on the termination of the period, on the basis

9 of the criteria referred to in clauses (i) and (ii), extend

10 the compliance period for the period specified in this sub11 paragraph.’’.

12 (b) LISTING PROCESS.—Section 307(a)(1) (33

13 U.S.C. 1317(a)(1)) is amended—

14 (1) by striking the second sentence and insert15 ing the following new sentence: ‘‘The Administrator

16 is authorized to add or remove from the list any pol17 lutant and shall, not later than 1 year after the date

18 of enactment of the Water Pollution Prevention and

19 Control Act of 1993, and not less often than every

20 5 years thereafter, review and revise the list.’’; and

21 (2) in the third sentence, by inserting ‘‘poten22 tial for bioaccumulation,’’ after ‘‘degradability,’’.

23 (c) REPORT ON DEVELOPMENTAL EFFECTS.—Not

24 later than 3 years after the date of enactment of this Act,

25 the Administrator shall submit to Congress a report pro-
68

•S 1114 IS

1 viding a comprehensive review and assessment of the ef2 fects of pollutants found in navigable waters on the devel3 opment of aquatic species, wildlife, and humans, including

4 impairments to reproduction, endocrine, and immune sys5 tems caused by the pollutants.

6 SEC. 204. PRETREATMENT PROGRAM.

7 (a) PERMIT AUTHORITY.—Section 402(b)(9) (33

8 U.S.C. 1342(b)(9)) is amended by adding at the end the

9 following new sentences: ‘‘The Administrator (or a State

10 with authority to approve a pretreatment program under

11 this Act) may impose requirements on industrial users

12 that introduce pollutants into publicly owned treatment

13 works and that are not subject to the requirements of a

14 pretreatment program that has been approved by the ap15 propriate authority (referred to in this paragraph as an

16 ‘approved pretreatment program’). The requirements shall

17 include requirements that are equivalent to the require18 ments that a publicly owned treatment works with an ap19 proved pretreatment program is required to impose pursu20 ant to the regulations issued under this Act, shall include

21 pretreatment standards, and may reflect best professional

22 judgment.’’.

23 (b) REMOVAL CREDITS.—Section 307(b) (33 U.S.C.

24 1317(b)), as amended by section 201(c)(1), is further
69

•S 1114 IS

1 amended by adding at the end the following new para2 graph:

3 ‘‘(6) If in the case of any toxic pollutant listed pursu4 ant to subsection (a) introduced by a source into a publicly

5 owned treatment works—

6 ‘‘(A) the treatment by the treatment works re7 sults in the biodegradation of the toxic pollutant, as

8 determined by the Administrator;

9 ‘‘(B) the discharge from the treatment works

10 does not violate the effluent limitation or standard

11 that would be applicable to the toxic pollutant if the

12 pollutant were discharged by the source other than

13 through a publicly owned treatment works; and

14 ‘‘(C) the toxic pollutant does not prevent sludge

15 use or disposal by the treatment works in accord16 ance with section 405,

17 the pretreatment requirements for the sources actually

18 discharging the toxic pollutant into the publicly owned

19 treatment works may be revised by the owner or operator

20 of the works to reflect the biodegradation of the toxic pol21 lutant by the works.’’.

22 (c) DOMESTIC SEWAGE EXCLUSION.—Section 307

23 (33 U.S.C. 1317) is amended by adding at the end the

24 following new subsection:

25 ‘‘(f) DOMESTIC SEWAGE EXCLUSION.—
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•S 1114 IS

1 ‘‘(1) IN GENERAL.—Beginning on the date that

2 is 3 years after the date of enactment of this sub3 section, the term ‘but does not include solid or dis4 solved material in domestic sewage’ may not, for the

5 purpose of paragraph (27) of section 1004 of the

6 Solid Waste Disposal Act (42 U.S.C. 6903(27)), be

7 interpreted, construed, or applied to exclude from

8 the definition of solid waste under such paragraph

9 any pollutant introduced by a source into a treat10 ment works (as defined in section 212), unless—

11 ‘‘(A) the pollutant and source are subject

12 to a pretreatment standard promulgated by the

13 Administrator under this section and the source

14 is in compliance with the standard;

15 ‘‘(B)(i) the Administrator has promulgated

16 a schedule for establishing a pretreatment

17 standard pursuant to section 304(m) that

18 would be applicable to the pollutant and source

19 not later than 5 years after the date of enact20 ment of this subsection and the standard is pro21 mulgated on or before the date established in

22 the schedule; or

23 ‘‘(ii) the pollutant and source are subject

24 to a local limit and the local limit for the pollut25 ant and source is equivalent to the best dem-
71

•S 1114 IS

1 onstrated available treatment technology as de2 termined by the Administrator under section

3 3004(m) of the Solid Waste Disposal Act (42

4 U.S.C. 6924(m)) or a pretreatment standard

5 equivalent to a standard under subsection (b)

6 or section 402(b)(9).

7 ‘‘(2) PROHIBITION ON INTRODUCTION OF HAZ8 ARDOUS WASTE.—It shall be unlawful to introduce

9 into a publicly owned treatment works any pollutant

10 that is a hazardous waste. Notwithstanding the pro11 visions of this Act, a publicly owned treatment works

12 (as defined in section 212) receiving or treating any

13 hazardous waste shall not be deemed to be generat14 ing, treating, storing, disposing of, or otherwise

15 managing a hazardous waste for the purposes of this

16 Act, solely on the basis that any other person has

17 introduced a hazardous waste into the collection sys18 tem for such publicly owned treatment works.’’.

19 SEC. 205. POLLUTION PREVENTION PLANNING.

20 Section 308 (33 U.S.C. 1318), as amended by section

21 201(e), is further amended by adding at the end the fol22 lowing new subsection:

23 ‘‘(f) POLLUTION PREVENTION PLANNING.—

24 ‘‘(1) IN GENERAL.—
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•S 1114 IS

1 ‘‘(A) REGULATIONS.—Not later than 2

2 years after the date of enactment of this sub3 section, the Administrator shall promulgate reg4 ulations that require a person described in

5 paragraph (2) who applies for the issuance or

6 reissuance of a permit pursuant to section 402,

7 or for a local limit for a significant industrial

8 user determined under section 307, to submit a

9 pollution prevention plan to the permitting au10 thority (in the case of a direct discharger), or

11 the permitting authority of the State for the ap12 propriate publicly owned treatment works (in

13 the case of a local limit) as a condition of the

14 issuance or reissuance of the permit or local

15 limit.

16 ‘‘(B) REQUIREMENTS FOR REGULA17 TIONS.—The regulations referred to in subpara18 graph (A) shall identify not fewer than 20 pol19 lutants with respect to which the Administrator

20 determines that discharge reductions are likely

21 to result in a benefit to human health or the

22 environment.

23 ‘‘(C) POTENTIAL FOR POLLUTANT REDUC24 TION.—The regulations shall indicate the poten-
73

•S 1114 IS

1 tial for pollutant reduction within categories or

2 subcategories of dischargers.

3 ‘‘(2) POLLUTION PREVENTION PLANNING RE4 QUIREMENT.—The Administrator shall identify the

5 persons who are required to comply with paragraph

6 (1). In identifying the persons, the Administrator

7 shall provide that, not later than 7 years after the

8 date of enactment of this subsection, not less than

9 80 percent of the volume of each pollutant listed

10 pursuant to paragraph (1)(B) released into waters

11 at the time of the identification is subject to plans

12 prepared pursuant to this subsection.

13 ‘‘(3) REQUIREMENTS FOR POLLUTION PREVEN14 TION PLANS.—

15 ‘‘(A) IN GENERAL.—Each pollution pre16 vention plan prepared pursuant to this sub17 section shall—

18 ‘‘(i) address pollutants listed pursuant

19 to section 307(a) with respect to which the

20 discharger is required to report under sec21 tion 313 of the Emergency Planning and

22 Community Right-to-Know Act of 1986

23 (42 U.S.C. 11023); and

24 ‘‘(ii) with respect to a direct dis25 charger, be submitted as part of the appli-
74

•S 1114 IS

1 cation for the issuance or the reissuance of

2 a permit under section 402, and with re3 spect to a person subject to a pretreatment

4 requirement, be submitted to the permit5 ting authority.

6 ‘‘(B) MINIMUM REQUIREMENTS FOR

7 PLAN.—Each pollution prevention plan referred

8 to in subparagraph (A) shall, at a minimum—

9 ‘‘(i) establish goals for pollution pre10 vention (including the reduction in the use

11 of pollutants, byproduct generation, and

12 in-process recycling) over the term of a

13 permit referred to in paragraph (1), or the

14 period during which a local limit referred

15 to in paragraph (1) applies;

16 ‘‘(ii) address water use efficiency;

17 ‘‘(iii) include onsite plans for the at18 tainment of the goals established under

19 clause (i); and

20 ‘‘(iv) provide for annual reports to the

21 agency that issues a permit concerning

22 progress toward attainment of the goals

23 established under clause (i).

24 ‘‘(C) GUIDANCE.—Not later than 4 years

25 after the date of enactment of this subsection,
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•S 1114 IS

1 the Administrator shall issue guidance that in2 dicates the range of the potential and dem3 onstrated reduction in pollution under pollution

4 prevention plans submitted pursuant to this

5 subsection.

6 ‘‘(D) AVAILABILITY OF PLANS.—

7 ‘‘(i) IN GENERAL.—The pollution pre8 vention plan for each facility shall be re9 tained at the facility, and, for purposes of

10 administering this Act, shall be available to

11 the Administrator, the State in which the

12 facility is located, and any local govern13 ment agency given authority by the State

14 to inspect the plans. Any documents and

15 other records obtained or reviewed may not

16 be deemed to be public records or docu17 ments.

18 ‘‘(ii) AVAILABILITY TO THE PUBLIC.—

19 The pollution prevention plan summaries

20 for each facility shall be made available to

21 the public at the facility during normal

22 business hours.

23 ‘‘(4) REPORT TO CONGRESS.—Not later than 5

24 years after the date of enactment of this subsection,

25 the Administrator shall submit a report to Congress
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1 that describes the pollutant reductions accomplished

2 pursuant to plans prepared pursuant to this sub3 section.’’.

4 TITLE III—WATERSHED PLAN5 NING AND NONPOINT POLLU6 TION CONTROL

7 SEC. 301. WATER QUALITY MONITORING.

8 (a) STATE WATER QUALITY MONITORING PRO9 GRAMS.—Subsection (b) of section 305 (33 U.S.C.

10 1315(b)) is amended to read as follows:

11 ‘‘(b)(1) Each State shall conduct a comprehensive

12 program to monitor the quality of navigable waters and

13 aquatic sediment within the State.

14 ‘‘(2) Each State monitoring program conducted pur15 suant to this subsection shall, at a minimum—

16 ‘‘(A) assess whether the waters of the State (in17 cluding the rivers, lakes, and coastal waters of the

18 State)—

19 ‘‘(i) provide for the protection and propa20 gation of a balanced population of shellfish,

21 fish, and wildlife; and

22 ‘‘(ii) allow for recreation in and on the wa23 ters;

24 ‘‘(B) identify waters that do not meet a water

25 quality standard (including a designated use);
77

•S 1114 IS

1 ‘‘(C) assess the contribution of point and

2 nonpoint sources to the water pollution problems of

3 the State referred to in subparagraphs (A) and (B);

4 and

5 ‘‘(D) provide that monitoring activities in the

6 State be scheduled, to the extent practicable, to pro7 vide for continuous collection of information over

8 each period that is the subject of a report submitted

9 pursuant to paragraph (5).

10 ‘‘(3) Not later than 2 years after the date of enact11 ment of this paragraph, the Administrator shall promul12 gate regulations that specify minimum requirements for

13 each State monitoring program conducted pursuant to this

14 subsection.

15 ‘‘(4) Each State monitoring program conducted pur16 suant to this subsection—

17 ‘‘(A) shall coordinate the assessment of water

18 and sediment quality within the State;

19 ‘‘(B) in coordinating the assessment referred to

20 in subparagraph (A), may draw on data from—

21 ‘‘(i) the monitoring programs of Federal

22 agencies;

23 ‘‘(ii) the monitoring of dischargers pursu24 ant to section 308; and

25 ‘‘(iii) volunteer monitoring programs;
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•S 1114 IS

1 ‘‘(C) may collect and assess original data that

2 is necessary to supplement the data sources referred

3 to in subparagraph (B); and

4 ‘‘(D) shall be conducted in coordination and co5 operation with the Water Quality Monitoring Coun6 cil established under subsection (c).

7 ‘‘(5)(A) Each State shall prepare for all waters within

8 the State and submit to the Administrator not later than

9 August 1, 1995, information on the attainment and main10 tenance of water quality. The information required under

11 this paragraph shall be updated with information supplied

12 by the States not less frequently than every 5 years.

13 ‘‘(B) The State shall publish a report on the monitor14 ing program, including a compilation of the data, not later

15 than 5 years after the date of enactment of this para16 graph, and every 5 years thereafter.

17 ‘‘(C) Each State shall include in each report referred

18 to in subparagraph (A) data collected from hydrologic

19 study units and fixed monitoring stations operated by

20 Federal agencies.

21 ‘‘(6) The Administrator shall ensure that—

22 ‘‘(A) the data provided in the reports submitted

23 pursuant to paragraph (5) are maintained in a re24 pository on a continuous basis by the Environmental

25 Protection Agency; and
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1 ‘‘(B) the repository is updated in a timely fash2 ion.’’.

3 (b) WATER QUALITY MONITORING COUNCIL.—Sec4 tion 305 (33 U.S.C. 1315) is amended by adding at the

5 end the following new subsection:

6 ‘‘(c)(1) There is established a Water Quality Monitor7 ing Council (referred to in this subsection as the ‘Coun8 cil’). The Council shall give advice with respect to the co9 ordination of Federal and State water quality monitoring

10 programs.

11 ‘‘(2) The Council shall be composed of—

12 ‘‘(A) a representative of the Administrator, who

13 shall be a cochairperson of the Council;

14 ‘‘(B) a representative of the Director of the

15 United States Geological Survey, who shall be a co16 chairperson of the Council;

17 ‘‘(C) 3 representatives of appropriate Federal

18 agencies appointed by the President (after receiving

19 recommendations from the Administrator);

20 ‘‘(D) 3 representatives of State environmental

21 protection agencies, appointed by the Administrator;

22 ‘‘(E) 3 representatives of the academic commu23 nity, appointed by the Administrator; and
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1 ‘‘(F) 3 representatives of volunteer water qual2 ity monitoring organizations, appointed by the Ad3 ministrator.

4 ‘‘(3) The Council shall, at a minimum—

5 ‘‘(A) review and make recommendations regard6 ing the implementation of Federal water and sedi7 ment quality monitoring programs;

8 ‘‘(B) review and make recommendations regard9 ing the implementation of State water monitoring

10 programs pursuant to subsection (b);

11 ‘‘(C) recommend consistent quality assurance

12 standards for monitoring programs implemented

13 pursuant to this section;

14 ‘‘(D) recommend procedures and methods for

15 statistical analysis of monitoring data; and

16 ‘‘(E) assist in the effective coordination of data

17 management systems.

18 ‘‘(4) Members of the Council may not be compensated

19 for any travel expenses incurred, and may not receive any

20 compensation, by reason of service on the Council.

21 ‘‘(5)(A) Not later than 2 years after the date of en22 actment of this subsection, the President, after consider23 ing the recommendations of the Council, shall submit to

24 Congress a strategy for the coordinated implementation

25 of water quality monitoring programs.
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1 ‘‘(B) The strategy referred to in subparagraph (A)

2 shall—

3 ‘‘(i) review and assess the location and function

4 of fixed monitoring stations and hydrologic study

5 units; and

6 ‘‘(ii) describe—

7 ‘‘(I) the roles and responsibilities of Fed8 eral agencies;

9 ‘‘(II) methods of coordination among agen10 cies, including procedures to ensure the imple11 mentation of the strategy;

12 ‘‘(III) the anticipated level of resources to

13 be devoted to monitoring programs by each

14 agency; and

15 ‘‘(IV) measures to ensure that Federal

16 monitoring programs are responsive to the mon17 itoring needs of States to the fullest extent

18 practicable.

19 ‘‘(6)(A) The Administrator, in cooperation with the

20 Council, shall prepare and submit to Congress, on January

21 1, 1996, and every 5 years thereafter, a report that—

22 ‘‘(i) describes the findings of monitoring pro23 grams conducted pursuant to this section; and
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1 ‘‘(ii) provides a comprehensive assessment of

2 conditions and trends in the quality of navigable wa3 ters throughout the United States.

4 ‘‘(B) The report referred to in subparagraph (A)

5 shall also identify needed changes to Federal and State

6 monitoring programs, including the adequacy of funding

7 for the accomplishment of the programs provided for in

8 this section.’’.

9 SEC. 302. COMPREHENSIVE WATERSHED MANAGEMENT.

10 Title III (33 U.S.C. 1311 et seq.) is amended by add11 ing at the end the following new section:

12 ‘‘SEC. 321. COMPREHENSIVE WATERSHED MANAGEMENT.

13 ‘‘(a) FINDINGS AND PURPOSE.—

14 ‘‘(1) FINDINGS.—Congress finds that com15 prehensive watershed management will further the

16 goals and objectives of this Act by—

17 ‘‘(A) identifying more fully water quality

18 impairments and the pollutants, sources, and

19 activities causing impairments;

20 ‘‘(B) integrating water protection quality

21 efforts under this Act with other natural re22 source protection efforts, including Federal ef23 forts to define and protect ecological systems

24 (including the waters and the living resources

25 supported by the waters);
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1 ‘‘(C) defining long-term social, economic

2 and natural resource objectives and the water

3 quality necessary to attain or maintain the ob4 jectives;

5 ‘‘(D) increasing, through citizen participa6 tion in the watershed management process,

7 public support for improved water quality;

8 ‘‘(E) identifying priority water quality

9 problems that need immediate attention; and

10 ‘‘(F) identifying the most cost-effective

11 measures to achieve the objectives of this Act.

12 ‘‘(2) PURPOSE.—The purpose of this section is

13 to encourage comprehensive watershed management

14 in maintaining and enhancing water quality, in re15 storing and protecting living resources supported by

16 the waters, and in ensuring waters of a quality suffi17 cient to meet human needs, including water supply

18 and recreation.

19 ‘‘(b) DESIGNATION OF WATERSHEDS.—

20 ‘‘(1) IN GENERAL.—The Governor of a State

21 may at any time designate waters (including ground

22 waters) and associated land areas within the State

23 as a watershed management unit. To the extent

24 practicable, the boundaries of each watershed man25 agement unit shall be consistent with the
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1 hydrological units identified by the United States

2 Geological Survey of the Department of the Interior

3 as the most appropriate units for planning purposes.

4 ‘‘(2) REQUIREMENTS FOR DESIGNATION.—Each

5 designation under paragraph (1) shall include an

6 identification of the waters within the watershed

7 management unit that are not meeting water or

8 sediment quality standards (including designated

9 uses) at the time of the designation. Each designa10 tion under paragraph (1) shall also identify any out11 standing national resource water and sensitive

12 aquatic or wildlife habitat area within the watershed

13 management unit that is the subject of the designa14 tion.

15 ‘‘(3) WATERSHED MANAGEMENT UNIT.—

16 ‘‘(A) IN GENERAL.—Each watershed man17 agement unit referred to in paragraph (1) shall,

18 to the extent practicable, include the land area

19 occupied by all sources of pollution that are

20 causing, or contributing to, an impairment

21 identified pursuant to paragraph (2).

22 ‘‘(B) MULTISTATE UNITS.—Each water23 shed management unit established under this

24 subsection may include waters and associated

25 land areas in more than 1 State, if the Gov-
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1 ernors of the States affected jointly designate

2 the watershed management unit.

3 ‘‘(4) DESIGNATION.—Each designation of a wa4 tershed management unit made pursuant to this

5 subsection, and each corresponding management en6 tity designated under paragraph (1) or (2) of sub7 section (c), shall be submitted to the Administrator

8 for approval. The Administrator shall approve the

9 designation not later than 180 days after the date

10 of submittal, if the designation meets the require11 ments of this section. If the Administrator dis12 approves the designation, the Administrator shall

13 notify the State in writing of the reasons for dis14 approval. The State may resubmit the designation

15 amended to meet the objections of the Adminis16 trator.

17 ‘‘(c) MANAGEMENT ENTITY.—

18 ‘‘(1) IN GENERAL.—The Governor of a State

19 shall determine the entity responsible for developing

20 and implementing a plan for each watershed man21 agement unit designated under this section. The

22 management entity may be an agency of State gov23 ernment, a local government agency, a substate re24 gional planning organization, a conservation district

25 or other natural resource management district, or
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1 any other public or nonprofit entity with the capac2 ity to carry out the responsibilities authorized by

3 this section, as set forth by the Administrator in the

4 guidance required under subsection (i).

5 ‘‘(2) MULTISTATE MANAGEMENT ENTITY.—If a

6 watershed management unit is designated to include

7 land area in more than 1 State, the Governors of the

8 States affected shall jointly determine the appro9 priate management entity.

10 ‘‘(3) ELIGIBILITY FOR ASSISTANCE.—If the Ad11 ministrator determines that the management entity

12 identified by the Governor has adequate powers to

13 carry out the responsibilities authorized by this sec14 tion, the entity shall be eligible for assistance under

15 subsection (f).

16 ‘‘(d) WATERSHED MANAGEMENT AND PLANNING AC17 TIVITIES.—Watershed management and planning activi18 ties eligible to receive assistance from the Administrator

19 under this Act include, with respect to a watershed—

20 ‘‘(1) characterizing the waters and land uses of

21 the watershed management unit (including the exist22 ing, designated, and potential uses of the waters, the

23 living resources supported by the waters, sensitive

24 habitats within the watershed, and other natural, so-
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1 cial and economic values that may be affected by

2 water quality within the watershed);

3 ‘‘(2) identifying problems related to water qual4 ity within the watershed (including impairments and

5 threats to the existing, designated, and potential

6 uses, pollutants of concerns, and sources of pollut7 ants causing threats or impairments);

8 ‘‘(3) selecting short-term and long-term goals

9 for watershed management (including the mainte10 nance or restoration of water quality, sediment qual11 ity, aquatic and wildlife habitat, and living resources

12 supported by the waters of the watershed);

13 ‘‘(4) selecting measures and practices to meet

14 identified goals (including the allocation of pollutant

15 load reductions among sources of pollution within

16 the watershed and the design of remedial actions

17 necessary to restore uses);

18 ‘‘(5) identifying and coordinating specific

19 projects and activities necessary to reduce pollutant

20 loadings or to restore water quality or aquatic habi21 tat within the watershed (including identifying Fed22 eral, State, local, and other financial resources need23 ed to support the projects and activities); and

24 ‘‘(6) identifying the appropriate institutional ar25 rangements to carry out a plan approved pursuant
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1 to subsection (g) and ensuring compliance with

2 schedules and limits established by the management

3 process.

4 ‘‘(e) PUBLIC PARTICIPATION.—To the maximum ex5 tent practicable, each State shall establish procedures, in6 cluding the establishment of technical and citizens’ advi7 sory committees, to encourage the public to participate in

8 developing the comprehensive watershed management pro9 gram under this section.

10 ‘‘(f) SUPPORT FOR WATERSHED MANAGEMENT AND

11 PLANNING.—

12 ‘‘(1) INTERAGENCY COMMITTEE.—There is es13 tablished an interagency committee to support com14 prehensive watershed management and planning.

15 The President shall appoint the members of the

16 committee. The members shall include a representa17 tive from each Federal agency that carries out pro18 grams and activities that may have a significant im19 pact on water quality or other natural resource val20 ues that may be appropriately addressed through

21 comprehensive watershed management. In appoint22 ing members to the committee, the President may

23 include such representatives from a State or local

24 government and individuals from any affected indus25 try, public or private educational institution, and the
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1 general public as the Administrator determines ap2 propriate.

3 (2) COMPENSATION.—Members of the Council

4 may not be compensated for any travel expenses in5 curred, and may not receive any compensation, by

6 reason of service on the Council.

7 ‘‘(3) USE OF OTHER FUNDS UNDER THIS

8 ACT.—The planning and management activities car9 ried out by a management entity pursuant to this

10 section may be carried out with funds made avail11 able pursuant to section 106(h), 205(j), 319(e), or

12 604(b) (or any combination thereof).

13 ‘‘(g) APPROVED PLANS.—

14 ‘‘(1) IN GENERAL.—The Governor of a State

15 may submit to the Administrator for approval a

16 comprehensive watershed management plan devel17 oped pursuant to this section. The Administrator

18 shall, after notice and opportunity for public com19 ment, approve or disapprove a comprehensive water20 shed management plan submitted by a Governor

21 pursuant to this subsection. The Administrator shall

22 approve the plan if the plan satisfies each of the fol23 lowing conditions:
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1 ‘‘(A) The plan has been developed for a

2 watershed management unit designated and ap3 proved pursuant to subsection (b).

4 ‘‘(B) The entity with responsibility to carry

5 out the plan has the legal authority and finan6 cial resources to carry out the plan.

7 ‘‘(C) Except as provided in subparagraph

8 (D), if the watershed includes waters that are

9 not meeting water or sediment quality stand10 ards at the time of submission—

11 ‘‘(i) the plan—

12 ‘‘(I) identifies the pollutants and

13 sources causing the impairment; and

14 ‘‘(II) demonstrates that the

15 standards will be attained as expedi16 tiously as practicable, but not later

17 than 10 years after the date of sub18 mittal of the plan; and

19 ‘‘(III) includes periodic deter20 minations to ensure reasonable fur21 ther progress within the economic ca22 pability of the sources within the wa23 tershed is made toward attaining the

24 standards; and
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1 ‘‘(ii) the plan includes a list of

2 projects and activities necessary to achieve

3 allocated load reductions consistent with

4 the requirements of section 303(b), and—

5 ‘‘(I) identifies those projects of

6 highest priority; and

7 ‘‘(II) includes milestones for the

8 implementation of the projects and ac9 tivities.

10 ‘‘(D) In the case of a watershed with re11 spect to which pollutant loads are attributable

12 only to point sources the plan demonstrates

13 that the standards will be attained not later

14 than 5 years after the date of enactment of this

15 section and that periodic determinations will be

16 made to determine that reasonable further

17 progress within the economic capability of the

18 sources within the watershed during the period

19 specified is made.

20 ‘‘(E) For those waters in the watershed at21 taining water quality standards at the time of

22 submission, the plan identifies those projects

23 and activities necessary to maintain water qual24 ity standards in the future.
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1 ‘‘(F) Any other condition the Adminis2 trator may establish by guidance or regulation.

3 ‘‘(2) PLANNING AND IMPLEMENTATION SCHED4 ULE.—Each plan submitted and approved under this

5 subsection shall include a planning and implementa6 tion schedule for a period of at least 5 years. The

7 approval of the Administrator of a plan shall apply

8 for a period not to exceed 5 years. A revised and up9 dated plan may be submitted prior to the expiration

10 of the period specified in the preceding sentence for

11 approval pursuant to the same conditions and re12 quirements that apply to any initial plan for a wa13 tershed that is approved pursuant to this subsection.

14 ‘‘(3) DELEGATION OF AUTHORITY.—

15 ‘‘(A) IN GENERAL.—The Administrator

16 may delegate to a State the authority to ap17 prove watershed plans under this subsection,

18 if—

19 ‘‘(i) the State submits a program to

20 the Administrator that is no less stringent

21 than the guidance issued under subsection

22 (i); and

23 ‘‘(ii) the Administrator approves the

24 State program and the Administrator peri25 odically reviews State decisions to approve
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1 specific watershed plans to determine

2 whether the plans comply with the require3 ments of this subsection and the guidance

4 issued by the Administrator.

5 ‘‘(B) REVOCATION.—If at any time after

6 delegating authority to a State pursuant to sub7 paragraph (A), the Administrator determines

8 that a State is not meeting a requirement re9 ferred to in such subparagraph, the Adminis10 trator may revoke the delegation.

11 ‘‘(h) INCENTIVES FOR WATERSHED PLANNING.—

12 ‘‘(1) PROJECTS AND ACTIVITIES.—Projects and

13 activities identified in an approved plan as necessary

14 for attainment and maintenance of water and sedi15 ment quality standards applicable to the waters

16 within the watershed management unit, and not oth17 erwise required by this or other Federal law, shall—

18 ‘‘(A) be eligible for funding under section

19 603(c)(1)(F);

20 ‘‘(B) be included in any needs assessment

21 conducted pursuant to section 516; and

22 ‘‘(C) be eligible for funding under section

23 604(a)(2)(C).

24 ‘‘(2) ACTIVITIES OF FEDERAL AGENCIES.—
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1 ‘‘(A) IN GENERAL.—Each activity of a

2 Federal agency that affects land use, water

3 quality, or the natural resources within a water4 shed planning unit for which a plan has been

5 approved pursuant to subsection (g) shall be

6 carried out in a manner that is consistent with

7 the policies established in the plan.

8 ‘‘(B) EXEMPTION.—Notwithstanding sub9 paragraph (A), the President may exempt a

10 Federal agency activity from the requirements

11 of a plan approved under subsection (g) if the

12 President determines that it is in the para13 mount interest of the United States to exempt

14 the Federal agency.

15 ‘‘(3) LIMITATION.—

16 ‘‘(A) IN GENERAL.—Notwithstanding sec17 tion 301(b)(1)(C), and subject to the require18 ments of section 402(o), the Administrator or a

19 State may issue a permit to a point source that

20 includes a limitation for a pollutant to be dis21 charged by the source to a specific portion of a

22 navigable water that does not ensure attain23 ment and maintenance of water quality stand24 ards (alone, or in combination with, limitations
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1 issued for other point sources discharging to

2 the water), if—

3 ‘‘(i) the water is part of a watershed

4 management unit for which a plan has

5 been approved under subsection (g); and

6 ‘‘(ii) the plan includes enforceable re7 quirements that have been imposed under

8 State or local law for nonpoint source pol9 lution load reductions that, in combination

10 with the limitations established for point

11 sources, provide for the attainment and

12 maintenance of water quality standards for

13 the waters prior to expiration of the plan.

14 ‘‘(B) EXTENSION OF TERM.—Notwith15 standing section 402(b)(1)(B), the Adminis16 trator or a State is authorized to grant an ex17 tension of the term of any permit issued pursu18 ant to section 402 for a period not to exceed 4

19 years after the date of enactment of this section

20 for any source—

21 ‘‘(i) that is located in an area that is

22 designated as a watershed planning unit;

23 and

24 ‘‘(ii) for which the Governor of the

25 State indicates to the Administrator in
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1 writing, prior to the expiration date of the

2 permit (as in effect on the date of enact3 ment of this section), an intention to pre4 pare and submit a watershed management

5 plan for approval under subsection (g).

6 ‘‘(4) EXTENSION FOR APPROVED PLAN.—Not7 withstanding section 402(b)(1)(B), the term of a

8 permit issued to a point source under section 402

9 may be extended to be a term of 10 years for any

10 point source located in a watershed management

11 unit for which a plan has been approved under sub12 section (g), if the plan provides for the attainment

13 and maintenance of water quality standards (includ14 ing designated uses) in waters affected by the dis15 charge from the point source that is the subject of

16 the permit for the entire term of the permit subject

17 to the extension. Notwithstanding the preceding sen18 tence, any permit issued pursuant to this section

19 shall be renewed and revised as necessary to attain

20 and maintain water quality standards if at any time

21 during the term of the permit the waters affected by

22 the discharge do not meet water quality standards.

23 ‘‘(i) GUIDANCE.—Not later than 18 months after the

24 date of enactment of this section, the Administrator shall

25 issue guidance for the comprehensive watershed manage-
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1 ment and planning under this section that specifies mini2 mum requirements for watershed designation, legal au3 thorities and financial resources for management entities,

4 public participation, and elements necessary for approval

5 of a watershed management plan pursuant to subsection

6 (g).

7 ‘‘(j) STATE WATER LAW.—Nothing in this section is

8 intended to amend, supersede, or abrogate any right to

9 a quantity of water that has been established by any inter10 state water compact, Supreme Court decree, State water

11 law, or any requirement imposed, or right provided under,

12 any Federal or State environmental or public health law.’’.

13 SEC. 303. IMPAIRED WATERS IDENTIFICATION.

14 Subsection (a) of section 319 (33 U.S.C. 1329(a)) is

15 amended to read as follows:

16 ‘‘(a) IMPAIRED WATERS.—

17 ‘‘(1) IMPAIRED WATERS.—

18 ‘‘(A) IN GENERAL.—Not later than 2 years

19 after the date of enactment of clause (i), each

20 State shall submit to the Administrator a list of

21 waters within the State that cannot, without

22 additional action to control nonpoint sources of

23 pollution, reasonably be anticipated to attain or

24 maintain—
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1 ‘‘(i) water quality standards for the

2 waters; or

3 ‘‘(ii) a water quality that will ensure

4 the protection of public health and public

5 water supplies, and the protection and

6 propagation of a balanced population of

7 shellfish, fish, and wildlife and allow for

8 recreational activities in and on the water.

9 ‘‘(B) CONTENTS OF LIST.—A list submit10 ted pursuant to this paragraph shall include, at

11 a minimum, waters listed pursuant to sections

12 304(l)(1)(A) and 319(a)(1)(A) for which indi13 vidual control strategies have been promulgated,

14 unless the State demonstrates that the waters

15 do not meet the listing criteria referred to in

16 subparagraph (A).

17 ‘‘(C) ADDITIONS TO LIST.—

18 ‘‘(i) ACTION BY A STATE.—A State

19 may add to the list submitted to the Ad20 ministrator pursuant to subparagraph (A)

21 any waters within the State that the State

22 determines to be—

23 ‘‘(I) threatened with impairment;

24 or
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1 ‘‘(II) an outstanding national re2 source water, as designated pursuant

3 to section 303(g).

4 ‘‘(ii) ACTION BY THE ADMINIS5 TRATOR.—The Administrator may add a

6 water to a list submitted by a State, or ex7 pand an area identified pursuant to sub8 paragraph (E) if the water meets the list9 ing criteria referred to in subparagraph

10 (A).

11 ‘‘(D) FAILURE BY STATE.—In any case in

12 which a State fails to submit a list pursuant to

13 this paragraph by the date specified in subpara14 graph (A), the Administrator shall carry out

15 the requirements of this paragraph not later

16 than 1 year after the date specified.

17 ‘‘(E) DELINEATION OF WATERSHED.—The

18 list prepared pursuant to this paragraph shall

19 include a delineation of the land area within the

20 State of the watershed of a listed water. The

21 delineated area shall include all sources of pol22 lution within the State that cause, or contribute

23 to, the impairment of the water quality of the

24 water. In any case in which the watershed areas

25 of individual impaired waters overlap, a State
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1 may combine waters to form a single watershed

2 area for the purposes of the inclusion of the wa3 tershed area on the list prepared pursuant to

4 subparagraph (A).

5 ‘‘(F) PUBLIC REVIEW AND COMMENT.—

6 Each State shall provide an opportunity for

7 public review and comment on the list prepared

8 pursuant to this paragraph and shall, at a mini9 mum, hold at least 1 public hearing concerning

10 the list not later than 60 days prior to submit11 tal of the list to the Administrator.

12 ‘‘(G) PETITION.—Any person may submit

13 to the State in which the person resides a peti14 tion for the listing of a water pursuant to this

15 paragraph. In any case in which a petition es16 tablishes that a water meets the listing criteria

17 referred to in subparagraph (A), or in the case

18 of a petition for listing pursuant to paragraph

19 (4) if the waters meet the requirements of para20 graph (4), the State shall add the waters to the

21 list prepared pursuant to subparagraph (A).

22 ‘‘(H) APPROVAL BY ADMINISTRATOR.—

23 The Administrator shall review each list re24 quired to be prepared pursuant to this para25 graph not later than 90 days after receipt of
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1 the list. If the Administrator finds that the list

2 is consistent with the requirements of this sub3 section, the Administrator shall, after notice

4 and opportunity for public comment, approve

5 the list. The approval or disapproval by the Ad6 ministrator of a list shall constitute final agency

7 action for the purposes of section 509. The

8 court shall not set aside or reward a decision to

9 list a water unless the court decides, on the

10 basis of the rulemaking record, that the deci11 sion was arbitrary and capricious, or otherwise

12 in violation of law.

13 ‘‘(2) REASSESSMENT OF IMPAIRED WATERS.—

14 Not later than 7 years after the date of enactment

15 of subparagraph (A), and every 5 years thereafter,

16 each State shall submit to the Administrator a list

17 of waters and a description of watershed areas of

18 the waters in a manner consistent with the proce19 dures for listing a watershed under paragraph (1).

20 The list shall also include waters that fail to meet—

21 ‘‘(A) biological monitoring regulations es22 tablished pursuant to the information published

23 pursuant to section 304(a)(8); or
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1 ‘‘(B) standards for pollutants adopted pur2 suant to section 303 associated with nonpoint

3 sources.’’.

4 SEC. 304. NONPOINT POLLUTION CONTROL.

5 (a) MANAGEMENT PROGRAM REVISION.—Section

6 319 (33 U.S.C. 1329) is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1)—

9 (i) by inserting before ‘‘The Governor

10 of each State’’ the following new sentence:

11 ‘‘Not later than 30 months after the date

12 of enactment of the Water Pollution Pre13 vention and Control Act of 1993, the Gov14 ernor of each State shall prepare and sub15 mit to the Administrator a revised man16 agement program.’’; and

17 (ii) by adding at the end of the para18 graph the following new sentence: ‘‘Each

19 management program prepared under this

20 subsection shall be consistent with the

21 guidance developed under subsection (c).’’;

22 (B) in paragraph (2)—

23 (i) in subparagraph (A), by striking

24 ‘‘paragraph (1)(B),’’ and all that follows

25 through the end of the subparagraph and
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1 inserting the following: ‘‘subsection

2 (c)(2)(A), except that the State may ex3 empt a category of sources on the basis of

4 a demonstration to the Administrator that

5 the category of sources does not cause im6 pairment to the waters within the State.’’;

7 (ii) in subparagraph (B), by adding at

8 the end the following new sentence: ‘‘Ex9 cept for categories, subcategories, or

10 sources addressed pursuant to subsection

11 (f), the programs and management prac12 tices shall be consistent with guidance pub13 lished pursuant to subsection (c).’’;

14 (iii) by striking subparagraph (C) and

15 inserting the following new subparagraph:

16 ‘‘(C) A schedule containing annual mile17 stones for the implementation of management

18 measures as expeditiously as practicable but not

19 later than 3 years after the date of approval of

20 the program for new sources’’;

21 (iv) by redesignating subparagraphs

22 (E) and (F) as subparagraphs (F) and

23 (G), respectively; and

24 (v) by inserting after subparagraph

25 (D) the following new subparagraph:
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1 ‘‘(E) For any source in a category or class

2 of sources listed in guidance developed under

3 subsection (c) that is also in the watershed de4 lineated under section 319(a)(1)—

5 ‘‘(i) the implementation of manage6 ment measures as expeditiously as prac7 ticable, but not later than 3 years after the

8 date of approval of the program; or

9 ‘‘(ii) the development of site-specific

10 water quality plans pursuant to subsection

11 (f) as expeditiously as practicable, but not

12 later than 3 years after the date of ap13 proval of the program, including appro14 priate agreements with the Secretary of

15 Agriculture or appropriate State agencies

16 for the development of each plan.’’;

17 (C) by striking paragraph (3) and insert18 ing the following new paragraph:

19 ‘‘(3) REVISION OF PLANS.—

20 ‘‘(A) IN GENERAL.—Not later than 7 years

21 after the date of enactment of the Water Pollu22 tion Prevention and Control Act of 1993, each

23 State shall review and revise the plan developed

24 pursuant to paragraph (2) in a manner consist25 ent with the requirements of this section.
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1 ‘‘(B) SITE-SPECIFIC WATER QUALITY

2 PLANS.—Each plan submitted pursuant to this

3 paragraph may provide for the implementation

4 of site-specific water quality plans pursuant to

5 paragraph (2)(E)(ii) only if the plan is for a

6 source within the watershed area of an im7 paired water with respect to which the Adminis8 trator has approved a watershed plan pursuant

9 to section 321.

10 ‘‘(C) ENFORCEMENT.—Each plan devel11 oped pursuant to this paragraph shall provide

12 for the necessary legal authority to ensure the

13 implementation of management measures for

14 existing sources and new sources and measures

15 required under plans developed under a pro16 gram referred to in subsection (b). The legal

17 authority shall include, at a minimum, the au18 thority to seek injunctive relief for the failure to

19 implement a measure referred to in the preced20 ing sentence.

21 ‘‘(D) FAILURE TO SUBMIT PLAN.—If a

22 State fails to submit a plan pursuant to this

23 paragraph, or the Administrator does not ap24 prove the plan, not later than 1 year after the

25 deadline for the submittal of the plan to the
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1 Administrator, or 1 year after the Adminis2 trator disapproves the plan, the Administrator

3 shall publish a regulation providing for the im4 plementation of enforceable minimum control

5 measures for categories of sources in the State

6 that is consistent with this subsection. The Ad7 ministrator may use the sums allocated to the

8 State under subsection (h) to implement the

9 regulation (including making grants to substate

10 agencies approved by the Administrator pursu11 ant to subsection (e)).’’;

12 (D) by striking paragraph (4) and insert13 ing the following new paragraph:

14 ‘‘(4) PUBLIC AND AGENCY INVOLVEMENT.—In

15 developing and implementing a management pro16 gram under this subsection, a State shall provide for

17 public review and comment and shall cooperate with

18 local, State, and interstate entities.’’; and

19 (E) by adding at the end the following new

20 paragraphs:

21 ‘‘(5) ECONOMIC CAPABILITY.—A State may,

22 with the approval of the Administrator, adopt alter23 native requirements with respect to a specific

24 nonpoint source of pollution based on a showing by
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1 the owner or operator of the source that the modi2 fied requirements will—

3 ‘‘(A) represent the maximum use of man4 agement measures and practices within the eco5 nomic capability of the owner or operator; and

6 ‘‘(B) result in reasonable further progress

7 toward elimination of pollution.

8 ‘‘(6) DEFINITIONS.—As used in this section:

9 ‘‘(A) EXISTING SOURCE.—The term ‘exist10 ing source’ means any nonpoint source, cat11 egory, or subcategory of sources that is not a

12 new source.

13 ‘‘(B) NEW SOURCE.—The term ‘new

14 source’ means any source, category, or sub15 category of sources that is described in one of

16 the following clauses:

17 ‘‘(i) The development or significant

18 redevelopment of a commercial or residen19 tial site of 5 or more acres that is not sub20 ject to a stormwater permit issued under

21 section 402(p).

22 ‘‘(ii) The construction or significant

23 reconstruction of a road, highway, or

24 bridge that is not subject to a stormwater

25 permit issued under section 402(p).
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1 ‘‘(iii) The harvesting of timber or the

2 construction of a forest road.

3 ‘‘(iv) The construction or significant

4 expansion of an animal feeding operation

5 that is not subject to a permit issued

6 under section 402.

7 ‘‘(v) A category or subcategory of new

8 sources established by the Administrator

9 under subsection (c).

10 ‘‘(vi) A source, category, or sub11 category of sources designated as a new

12 source by a State.’’;

13 (2) by striking subsection (c) and inserting the

14 following new subsection:

15 ‘‘(c) NATIONAL PROGRAM GUIDANCE.—

16 ‘‘(1) IN GENERAL.—The Administrator, in con17 sultation with the heads of other Federal agencies,

18 shall publish guidance that specifies elements of

19 nonpoint pollution management programs.

20 ‘‘(2) GUIDANCE CONTENTS.—The guidance

21 published under this subsection shall include, at a

22 minimum—

23 ‘‘(A) a description of categories and

24 subcategories of sources of nonpoint pollution;
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•S 1114 IS

1 ‘‘(B) management measures appropriate to

2 each category or subcategory of source identi3 fied in subparagraph (A), including a descrip4 tion of each method or practice, structural or

5 nonstructural control, and operation and main6 tenance procedure, that constitutes each meas7 ure;

8 ‘‘(C) program implementation criteria ap9 propriate to ensure the implementation of man10 agement measures;

11 ‘‘(D) methods to estimate reductions in

12 nonpoint pollution loads necessary to attain and

13 maintain water quality and sediment quality

14 standards and achieve the goals and require15 ments of this Act; and

16 ‘‘(E) any necessary monitoring to assess

17 over time the success of management measures

18 in reducing nonpoint pollution loads and im19 proving water quality.

20 ‘‘(3) PUBLICATION OF GUIDANCE.—Not later

21 than 90 days after the date of enactment of this

22 paragraph, the Administrator shall publish proposed

23 guidance pursuant to this subsection, and the Ad24 ministrator shall publish final guidance not later

25 than 180 days after such date of enactment.
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•S 1114 IS

1 ‘‘(4) REVIEW.—The Administrator shall provide

2 the heads of interested Federal agencies, States, and

3 other interested persons with an opportunity to pro4 vide written comments on proposed guidance under

5 this subsection.

6 ‘‘(5) REGIONAL VARIATION.—The Adminis7 trator may, on the recommendation of an adminis8 trator of a regional office of the Environmental Pro9 tection Agency, modify management measures pur10 suant to paragraph (2)(B) to reflect special condi11 tions in the region under the jurisdiction of the ad12 ministrator of the regional office. The modification

13 shall apply to each State in the region.

14 ‘‘(6) DEFINITIONS.—As used in this subsection:

15 ‘‘(A) MANAGEMENT MEASURES.—The term

16 ‘management measures’ means economically

17 achievable measures for the control of the addi18 tion of pollutants from existing sources and new

19 sources (as defined in subsection (b)(6)) that

20 reflect the greatest degree of pollutant reduc21 tion achievable through the application of the

22 best available nonpoint pollution control prac23 tices, technologies, processes, siting criteria, op24 erating methods, or other alternatives.
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1 ‘‘(B) PROGRAM IMPLEMENTATION CRI2 TERIA.—The term ‘program implementation

3 criteria’ means specified characteristics of a

4 program that will result in the effective and re5 liable implementation of management measures

6 and the maintenance of the management meas7 ures over the long-term. In establishing the cri8 teria, the Administrator shall consider any pro9 grams in effect that have been demonstrated by

10 1 or more States to be effective and reliable

11 means of ensuring the implementation and

12 maintenance of a management measure. The

13 term shall include appropriate State statutes,

14 county or municipal ordinances, financial assist15 ance programs, and related enforceable authori16 ties.’’;

17 (3) in subsection (d)—

18 (A) in paragraph (1)—

19 (i) in the first sentence, by striking

20 ‘‘report or’’ both places it appears; and

21 (ii) in the third sentence, by striking

22 ‘‘report, management program,’’ both

23 places it appears, and inserting ‘‘manage24 ment program’’;

25 (B) in paragraph (2)—
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•S 1114 IS

1 (i) in subparagraph (A), by striking

2 ‘‘(b)(2)’’ and inserting ‘‘(b)’’;

3 (ii) in subparagraph (C), by striking

4 ‘‘sufficiently expeditious’’ and inserting

5 ‘‘consistent with the guidance referred to

6 in subsection (c)’’; and

7 (iii) in subparagraph (D), by inserting

8 before ‘‘adequate to reduce the level of pol9 lution in navigable waters’’ the following

10 ‘‘consistent with the guidance referred to

11 in subsection (c), or otherwise not’’; and

12 (C) by striking paragraph (3) and insert13 ing the following new paragraph:

14 ‘‘(3) GRANT ADJUSTMENT AND REALLOCATION

15 OF FUNDS.—

16 ‘‘(A) GRANT ADJUSTMENT—Beginning

17 with fiscal year 1998, and for each fiscal year

18 thereafter, no grant funds available to a State

19 under this section shall be awarded to a State

20 without a management program that has been

21 approved by the Administrator pursuant to sub22 section (b).

23 ‘‘(B) REALLOCATION OF FUNDS.—Begin24 ning with fiscal year 1998, and for each fiscal

25 year thereafter, in the case of a State that does
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1 not have a management program that has been

2 approved by the Administrator under subsection

3 (b), the Administrator shall reserve a propor4 tionate share for the State of the amount of the

5 grant awarded pursuant to subsection (h) for

6 the preceding fiscal year. The Administrator

7 shall first allocate an amount of the amount re8 served among local management programs with9 in the State that have been approved pursuant

10 to subsection (e) in such amounts as the Ad11 ministrator determines to be appropriate. Any

12 funds that the Administrator does not allocate

13 in accordance with the preceding sentence to

14 support programs approved pursuant to sub15 section (e), shall be made available to States

16 that have a program approved by the Adminis17 trator under subsection (b).’’; and

18 (4) in the first sentence of subsection (e), by

19 striking ‘‘, with the approval of such State,’’.

20 (b) GRANT ASSISTANCE.—Section 319 (33 U.S.C.

21 1329) is amended—

22 (1) in subsection (h)—

23 (A) by striking paragraph (5) and insert24 ing the following new paragraph:

25 ‘‘(5) ALLOTMENT OF GRANT FUNDS.—
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•S 1114 IS

1 ‘‘(A) IN GENERAL.—From the sums appro2 priated in any fiscal year, the Administrator

3 shall allocate funds in accordance with such fac4 tors as the Administrator considers appropriate.

5 ‘‘(B) RESERVATION OF FUNDS.—For fiscal

6 years 1996 and 1997, prior to the allotment of

7 funds pursuant to subparagraph (A), the Ad8 ministrator shall reserve an amount equal to 50

9 percent of the funds available for allotment for

10 the fiscal year for allotment to States on the

11 basis of the ratio of the number of acres of wa12 tershed areas of waters listed pursuant to sub13 section (a) in the State to the total number of

14 acres of watershed areas of waters listed pursu15 ant to such section.

16 ‘‘(C) ALLOTMENT.—Beginning with fiscal

17 year 1998, and for each fiscal year thereafter,

18 prior to allotting funds pursuant to subpara19 graph (A), the Administrator shall reserve an

20 amount equal to 50 percent of the funds avail21 able for allotment to States on the basis of the

22 estimate of the cost of implementing site-spe23 cific water quality plans prepared pursuant to

24 subsection (f) within the watershed area of a

25 water with respect to which the Administrator
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•S 1114 IS

1 has approved a watershed plan pursuant to sec2 tion 321.’’;

3 (B) in paragraph (6), in the first sentence,

4 by inserting before the period at the end the

5 following: ‘‘, and shall remain available for the

6 following fiscal year;’’;

7 (C) by striking paragraph (7) and insert8 ing the following new paragraph:

9 ‘‘(7) LIMITATION ON USE OF FUNDS.—

10 ‘‘(A) IN GENERAL.— Each State may use

11 funds from a grant made pursuant to this sec12 tion to provide financial assistance to a person

13 only to the extent that the assistance is related

14 to the—

15 ‘‘(i) cost of a demonstration project;

16 ‘‘(ii) incentive grant; or

17 ‘‘(iii) land acquisition or conservation

18 easement.

19 ‘‘(B) LIMITATION ON INCENTIVE

20 GRANTS.—An incentive grant may be made only

21 if—

22 ‘‘(i) no other source of Federal assist23 ance is available to implement the meas24 ure;
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•S 1114 IS

1 ‘‘(ii) the amount of funding for a

2 project provided pursuant to this sub3 section does not exceed 50 percent of the

4 cost of the project, and the difference be5 tween the amount of the funding provided

6 pursuant to this subsection and the cost of

7 the project is paid from non-Federal

8 sources;

9 ‘‘(iii) the amount of the grant does

10 not exceed $5,000 per year;

11 ‘‘(iv) the Administrator determines be12 fore awarding the grant that the measure

13 assisted by the grant has a design life in

14 excess of 5 years;

15 ‘‘(v) in making the grants available,

16 the State will give highest priority to areas

17 identified by the State under subsection

18 (a);

19 ‘‘(vi) in making the grants available,

20 the State will give highest priority to per21 sons with the greatest financial need; and

22 ‘‘(vii) not more than 50 percent of all

23 funds made available to a State under this

24 section shall be available for incentive

25 grants.
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•S 1114 IS

1 ‘‘(C) LIMITATION ON LAND ACQUISITION

2 AND INCENTIVE GRANTS.—A land acquisition

3 or conservation easement may be funded under

4 this paragraph only if—

5 ‘‘(i) in the case of conservation ease6 ment, the conservation easement is consist7 ent with a site-specific control plan; and

8 ‘‘(ii) the amount of funds used for the

9 purposes specified in this subparagraph

10 does not exceed an amount equal to 30

11 percent of the total amount of funds made

12 available as grants to a State under this

13 subsection.

14 ‘‘(D) INCENTIVE GRANT DEFINED.—As

15 used in this paragraph, the term ‘incentive

16 grant’ means a grant to an individual to imple17 ment a site-specific water quality plan devel18 oped pursuant to subsection (f).’’;

19 (D) in paragraph (12), by inserting ‘‘and

20 incentive grants’’ after ‘‘demonstration

21 projects’’; and

22 (E) by adding at the end the following new

23 paragraph:

24 ‘‘(13) FAILURE TO IMPLEMENT.—If the Admin25 istrator determines that a State has substantially
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•S 1114 IS

1 failed to implement a plan, or develop site-specific

2 water quality plans, the Administrator shall withhold

3 not less than 25 percent, and not more than 50 per4 cent, of the funds that would otherwise have been

5 available to the State pursuant to this subsection.

6 The amount of funds withheld pursuant to this

7 paragraph shall be allocated to States with a pro8 gram approved by the Administrator pursuant to

9 subsection (b) and local management programs with10 in the States that have been approved pursuant to

11 subsection (e).’’; and

12 (2) in subsection (j), by inserting after the first

13 sentence the following new sentence: ‘‘There are au14 thorized to be appropriated to carry out subsection

15 (h) an amount not to exceed $300,000,000 for fiscal

16 year 1995, $500,000,000 for each of fiscal years

17 1996 through 1998, and $600,000,000 for each of

18 fiscal years 1999 and 2000.’’.

19 (c) SITE-SPECIFIC WATER QUALITY PLANS.—Sub20 section (f) of section 319 (33 U.S.C. 1329(f)) is amended

21 to read as follows:

22 ‘‘(f) SITE-SPECIFIC WATER QUALITY PLANS.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) SITE-SPECIFIC WATER QUALITY

25 PLANS.—Each source, including an agricultural
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•S 1114 IS

1 source, that is located in the watershed area of

2 a water listed pursuant to subsection (a)(1)

3 may implement a site-specific water quality

4 plan in lieu of implementing management meas5 ures, as described in subsection (c).

6 ‘‘(B) Each plan developed pursuant to this

7 subsection shall be approved by the appropriate

8 official of a Federal agency or State agency, as

9 specified in the plan developed under subsection

10 (b). With respect to agricultural sources that

11 implement a plan referred to in the preceding

12 sentence, the Secretary of Agriculture shall as13 sist the States in the development and imple14 mentation of the plans to the fullest extent

15 practicable.

16 ‘‘(2) REQUIREMENTS FOR PLAN.—

17 ‘‘(A) IN GENERAL.—Each plan developed

18 pursuant to this subsection shall—

19 ‘‘(i) provide for the implementation of

20 management measures that are appro21 priate to the site, economically achievable

22 by the owner or operator of the source,

23 and will reduce water pollution;
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•S 1114 IS

1 ‘‘(ii) recognize and incorporate appro2 priate management measures in place at

3 the site at the time the plan is developed;

4 ‘‘(iii) establish schedules for the im5 plementation of management measures as

6 expeditiously as practicable, but not later

7 than 3 years after the date of initiation of

8 the plan;

9 ‘‘(iv) provide for a periodic assessment

10 of the implementation of the plan and the

11 effect of management measures; and

12 ‘‘(v) terminate on the date that is 5

13 years after the date of initiation of the

14 plan.

15 ‘‘(B) MAINTENANCE.—After an initial plan

16 has been prepared pursuant to this subsection,

17 each subsequent plan prepared pursuant to this

18 subsection shall provide for the maintenance of

19 appropriate measures that have been incor20 porated in a preceding plan, unless the appro21 priate official determines that a measure is no

22 longer necessary to maintain water quality

23 standards.

24 ‘‘(3) HANDBOOK.—Not later than 18 months

25 after the date of enactment of this paragraph, and
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•S 1114 IS

1 as appropriate thereafter, the Administrator, in con2 sultation with the Secretary of Agriculture and the

3 heads of other appropriate Federal agencies and the

4 States, shall publish a handbook to assist the devel5 opment of plans for agricultural sources pursuant to

6 this subsection.

7 ‘‘(4) EFFECT OF CONSERVATION COMPLIANCE

8 PLAN.—

9 ‘‘(A) IN GENERAL.—Any agricultural

10 source required to have a plan prepared pursu11 ant to this subsection that has satisfied a con12 servation compliance plan developed pursuant

13 to subtitle B of title 12 of the Food Security

14 Act of 1985 (16 U.S.C. 3830 et seq.) shall be

15 deemed to satisfy the requirement of paragraph

16 (1) until the date specified in subsection (a)(3).

17 ‘‘(B) SUBSEQUENT PERIOD.—After the

18 date specified in subsection (a)(3), a conserva19 tion compliance plan that meets the applicable

20 requirements of a comprehensive watershed

21 management plan developed under section 321

22 shall be deemed to satisfy the requirements of

23 paragraph (1).’’.

24 (d) FEDERAL PROGRAM COORDINATION.—

25 (1) AGRICULTURAL COST-SHARE PROGRAMS.—
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•S 1114 IS

1 (A) AMENDMENTS TO THE SOIL CON2 SERVATION AND DOMESTIC ALLOTMENT ACT.—

3 (i) PREVENTION OF SOIL EROSION.—

4 The first sentence of section 7(a) of the

5 Soil Conservation and Domestic Allotment

6 Act (16 U.S.C. 590g(a)) is amended by in7 serting ‘‘, giving priority consideration to

8 watersheds of waters identified pursuant to

9 section 319(a) of the Federal Water Pollu10 tion Control Act (33 U.S.C. 1329(a)’’ be11 fore the period.

12 (ii) PRIORITY FOR CERTAIN WATER13 SHEDS.—The fourth undesignated para14 graph of section 8(b) of the Soil Conserva15 tion and Domestic Allotment Act (16

16 U.S.C. 590h(b)) is amended by inserting

17 before the comma at the end of subpara18 graph (D) the following: ‘‘, giving priority

19 consideration to watersheds of waters iden20 tified pursuant to section 319(a) of the

21 Federal Water Pollution Control Act (33

22 U.S.C. 1329(a))’’.

23 (B) AGRICULTURAL WATER QUALITY PRO24 TECTION PROGRAM.—Section 1238C(a) of the
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•S 1114 IS

1 Food Security Act of 1985 (16 U.S.C.

2 3838c(a)) is amended—

3 (i) in paragraph (7), by striking ‘‘or’’

4 at the end;

5 (ii) in paragraph (8), by striking the

6 period at the end and inserting ‘‘; or’’; and

7 (iii) by adding at the end the follow8 ing new paragraph:

9 ‘‘(9) the watershed of a water identified pursu10 ant to section 319(a) of the Federal Water Pollution

11 Control Act (33 U.S.C. 1329(a)).’’.

12 (C) ENVIRONMENTAL EASEMENT PRO13 GRAM.—Section 1239(b)(1) of the Food Secu14 rity Act of 1985 (16 U.S.C. 3839(b)(1)) is

15 amended—

16 (i) in subparagraph (B), by striking

17 ‘‘or’’ at the end;

18 (ii) in subparagraph (C), by striking

19 the period at the end and inserting ‘‘; or’’;

20 and

21 (iii) by adding at the end the follow22 ing new subparagraph:

23 ‘‘(D) is located within the watershed of a

24 water identified pursuant to section 319(a) of
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•S 1114 IS

1 the Federal Water Pollution Control Act (33

2 U.S.C. 1329(a)).’’.

3 (D) CONSERVATION PRIORITY AREAS.—

4 Section 1231(f)(1) of the Food Security Act of

5 1985 (16 U.S.C. 3831(f)(1)) is amended by

6 adding at the end the following new sentence:

7 ‘‘The Secretary shall designate watershed areas

8 of waters identified pursuant to section 319(a)

9 of the Federal Water Pollution Control Act (33

10 U.S.C. 1329(a)) as conservation priority

11 areas.’’.

12 (2) CONSERVATION RESERVE PROGRAM.—Sec13 tion 319(k) (33 U.S.C. 1329(k)) is amended—

14 (A) by striking ‘‘The Administrator shall

15 transmit’’ and inserting the following:

16 ‘‘(1) IN GENERAL.—The Administrator shall

17 transmit’’; and

18 (B) by adding at the end the following new

19 paragraphs:

20 ‘‘(2) AGRICULTURAL PROGRAM COORDINA21 TION.—

22 ‘‘(A) IN GENERAL.—The Administrator

23 shall provide technical assistance to the Sec24 retary of Agriculture with respect to utilizing

25 the authorities of the Secretary to reduce agri-
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•S 1114 IS

1 cultural and related sources of nonpoint source

2 pollution in a manner consistent with subtitle D

3 of title XII of the Food Security Act of 1985

4 (16 U.S.C. 3830 et seq.).

5 ‘‘(B) IDENTIFICATION OF LANDS.—Not

6 later than 1 year after the date of enactment of

7 this paragraph, and annually thereafter, the

8 Administrator shall identify, on the basis of the

9 assessment reports submitted by the States and

10 approved by the Administrator under subsection

11 (a) (or developed by the Administrator for the

12 States pursuant to subsections (a), (d), and (e))

13 and such other information as is available to

14 the Administrator, those lands that, if enrolled

15 in the conservation reserve program of the De16 partment of Agriculture, would contribute to

17 the protection of the environment by reducing

18 nonpoint source pollution. If appropriate, the

19 lands identified may include lands that are not

20 erodible but that pose an off-farm environ21 mental threat, as determined pursuant to sec22 tion 1231(c)(2) of the Food Security Act of

23 1985 (16 U.S.C. 3831(c)(2)).

24 ‘‘(C) PROVISION OF LIST TO SECRETARY

25 OF AGRICULTURE.—The Administrator shall
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•S 1114 IS

1 furnish the list of the lands identified pursuant

2 to subparagraph (B) to the Secretary of Agri3 culture to assist the Secretary in establishing

4 priorities for expenditures under the conserva5 tion reserve program and shall make the list

6 available to the States and to the public.

7 ‘‘(D) RESPONSE TO LIST.—Not later than

8 180 days after receiving the list referred to in

9 subparagraph (C), the Secretary shall provide

10 the Administrator with a report that describes

11 the actions the Secretary will take to respond to

12 the list. The Secretary shall provide a detailed

13 explanation of any recommendation of the Ad14 ministrator that the Secretary will not imple15 ment.’’.

16 (3) FEDERAL LANDS AND HIGHWAYS.—Sub17 section (l) of section 319 (33 U.S.C. 1329(l)) is

18 amended to read as follows:

19 ‘‘(l) FEDERAL LANDS AND HIGHWAYS.—

20 ‘‘(1) FEDERAL LANDS.—

21 ‘‘(A) IN GENERAL.—The President shall

22 direct the heads of appropriate Federal agencies

23 that own or manage land to implement regula24 tions that shall take effect not later than the

25 date of enactment of this paragraph, to ensure
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•S 1114 IS

1 the implementation of appropriate measures to

2 control nonpoint sources of water pollution, in3 cluding, at a minimum—

4 ‘‘(i) management measures identified

5 pursuant to subsection (c) for new sources;

6 and

7 ‘‘(ii) for a watershed area of a water

8 identified pursuant to subsection (a), the

9 implementation of management measures

10 identified pursuant to subsection (c) or the

11 implementation of a site-specific water

12 quality plan pursuant to subsection (f).

13 ‘‘(B) SCHEDULES; EFFECTIVE DATE.—

14 ‘‘(i) SCHEDULES.—Each schedule for

15 the development of management measures

16 and site-specific water quality plans, and

17 each schedule for the implementation of

18 the measures or plans, shall be consistent

19 with any schedule established by a State

20 under a program established by the State

21 pursuant to subsection (b).

22 ‘‘(ii) EFFECTIVE DATE.—The require23 ments of this paragraph shall take effect

24 on a date specified by the President, but
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•S 1114 IS

1 not later than 3 years after the date of en2 actment of this paragraph.

3 ‘‘(C) AUTHORITIES.—Any license, permit,

4 contract, special use permit, lease, agreement,

5 claim, or related operational authority between

6 a Federal agency and any person authorizing

7 activities on Federal lands in effect on the day

8 before the date specified in subparagraph

9 (B)(ii) may remain in effect for the term of the

10 authority or a period of 5 years (beginning on

11 the date specified in subparagraph (B)(ii)),

12 whichever is less.

13 ‘‘(D) STATUTORY CONSTRUCTION.—Noth14 ing in this paragraph is intended to limit or

15 constrain the authority of a State or the Ad16 ministrator to require the implementation of

17 such additional controls over nonpoint sources

18 of pollution on Federal lands as may be nec19 essary to attain and maintain standards adopt20 ed pursuant to section 303 or other require21 ments of this Act.

22 ‘‘(2) HIGHWAY CONSTRUCTION.—

23 ‘‘(A) IN GENERAL.—The Administrator, in

24 cooperation with the Secretary of Transpor25 tation, shall develop measures and practices to
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•S 1114 IS

1 prevent water pollution resulting from highway

2 construction and promote the implementation of

3 the measures and practices.

4 ‘‘(B) CERTAIN PROJECTS.—The guidelines

5 developed by the Secretary of Transportation

6 pursuant to section 1057 of the Intermodal

7 Surface Transportation Efficiency Act of 1991

8 (Public Law 102–240; 105 Stat. 2002) shall, at

9 a minimum, require the implementation of man10 agement measures specified under subsection

11 (c) in the case of any construction project fund12 ed in whole or in part under title I of such Act.

13 The Secretary shall withhold funds for any

14 project referred to in the preceding sentence

15 unless the Secretary determines that the project

16 will comply with the guidelines.’’.

17 (e) ANIMAL WASTE MANAGEMENT FACILITIES.—

18 Section 319 (33 U.S.C. 1329) is amended by adding at

19 the end the following new subsection:

20 ‘‘(o) ANIMAL WASTE MANAGEMENT FACILITIES.—

21 ‘‘(1) IN GENERAL.—Not later than 2 years

22 after the date of enactment of this paragraph, the

23 Administrator, in consultation with the Secretary of

24 Agriculture, shall publish guidelines for the design of
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•S 1114 IS

1 animal waste management facilities. The guidelines

2 shall include—

3 ‘‘(A) general standards concerning the

4 proper design of facilities;

5 ‘‘(B) minimum elements of plans for con6 struction of facilities at a specific site;

7 ‘‘(C) specifications concerning minimum

8 construction standards; and

9 ‘‘(D) such other requirements and informa10 tion as, in the judgment of the Administrator,

11 are necessary and appropriate.

12 ‘‘(2) PLAN.—Any person may submit to the

13 Administrator (or in the case of a State with a plan

14 approved by the Administrator under subsection (d),

15 the State) a plan for the construction of an animal

16 waste management facility. Each plan shall—

17 ‘‘(A) be consistent with the guidelines de18 veloped pursuant to paragraph (1) and sub19 section (c); and

20 ‘‘(B) include an estimate of the total cost

21 for the construction of the facility.

22 ‘‘(3) PLAN APPROVAL.—The Administrator,

23 with the concurrence of the Secretary of Agriculture,

24 shall review and approve or disapprove any plan for

25 the construction of an animal waste management fa-
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•S 1114 IS

1 cility submitted pursuant to this subsection. Upon

2 approval of a plan, the facility shall be eligible for

3 assistance under title VI.

4 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary

5 of Agriculture may provide technical assistance to

6 persons concerning the design of animal waste man7 agement facilities. The assistance may include the

8 design of facilities to account for site-specific condi9 tions and the integration of the facilities into related

10 agricultural activities.

11 ‘‘(5) DEFINITION.—As used in this subsection,

12 the term ‘animal waste management facility’ means

13 a facility for the storage, treatment, or disposal of

14 animal waste.’’.

15 (f) SUBSURFACE SEWAGE DISPOSAL.—Section 319

16 (33 U.S.C. 1329), as amended by subsection (e), is further

17 amended by adding at the end the following new sub18 section:

19 ‘‘(p) SUBSURFACE SEWAGE DISPOSAL.—

20 ‘‘(1) IN GENERAL.—Not later than 2 years

21 after the date of enactment of this subsection, the

22 Administrator shall publish guidelines for the design,

23 operation, and management of publicly owned sub24 surface sewage organizations.
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1 ‘‘(2) OPERATION AND MANAGEMENT STAND2 ARDS.—The guidelines published pursuant to this

3 subsection shall provide such standards of operation

4 and management as the Administrator determines to

5 be necessary to ensure that subsurface sewage dis6 posal units operated by an organization referred to

7 in paragraph (1) will provide treatment adequate to

8 protect water quality .

9 ‘‘(3) CONTENTS OF GUIDELINES.—At a mini10 mum, the guidelines published pursuant to this sub11 section shall—

12 ‘‘(A) specify standards for the design and

13 location of new subsurface sewage disposal sys14 tems;

15 ‘‘(B) specify maintenance requirements

16 and schedules for existing systems (existing at

17 the time of publication of the guidelines);

18 ‘‘(C) establish financial management and

19 control practices, including a requirement for a

20 user charge sufficient to ensure the effective op21 eration of each system;

22 ‘‘(D) require appropriate provision for

23 management or disposal of waste material for

24 systems; and
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1 ‘‘(E) address such other matters as the

2 Administrator determines to be appropriate.

3 ‘‘(4) PLAN.—Beginning on the date that is 2

4 years after the date of enactment of this subsection,

5 any person may submit to the Administrator (or in

6 the case of a State with a plan approved under sub7 section (d), the State) a plan for the establishment

8 of a subsurface sewage disposal organization pursu9 ant to this subsection.

10 ‘‘(5) APPROVAL OF PLAN.—The Administrator,

11 with the concurrence of the State, shall approve the

12 plan if the Administrator determines that the plan

13 meets the requirements of this subsection. Upon ap14 proval of the plan, the organization shall be eligible

15 for assistance pursuant to title VI.’’.

16 (g) STATE WATER LAW.—Section 319 (33 U.S.C.

17 1329), as amended by subsection (f), is further amended

18 by adding at the end the following new subsection:

19 ‘‘(q) STATE WATER LAW.—Nothing in this section

20 is intended to supersede, abrogate, or otherwise impair the

21 right of any State to allocate quantity of water within the

22 State.’’.
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1 TITLE IV—MUNICIPAL

2 POLLUTION CONTROL

3 SEC. 401. COMBINED SEWER OVERFLOWS.

4 Section 402 (33 U.S.C. 1342), as amended by section

5 205(b), is further amended by adding at the end the fol6 lowing new subsection:

7 ‘‘(r) COMBINED SEWER OVERFLOWS.—

8 ‘‘(1) REQUIREMENT FOR PERMITS.—Each per9 mit issued pursuant to this section for a discharge

10 from a combined storm and sanitary sewer shall con11 form with the combined sewer overflow control policy

12 published by the Administrator at 58 Fed. Reg.

13 4994 (January 19, 1993).

14 ‘‘(2) TERM OF PERMIT.—Notwithstanding any

15 compliance schedule under section 301(b), or any

16 permit limitation under section 402(b)(1)(B), the

17 Administrator may issue a permit pursuant to this

18 section for a discharge from a combined storm and

19 sanitary sewer, that includes a schedule for compli20 ance with a long-term control plan under the control

21 policy referred to in paragraph (1) for a term not

22 to exceed 15 years. Notwithstanding the compliance

23 deadline specified in the preceding sentence, the Ad24 ministrator may, on request of an owner or operator

25 of a combined storm and sanitary sewer, extend the
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1 period of compliance beyond the date specified if the

2 Administrator determines that compliance by the

3 date is not within the economic capability of the

4 owner or operator, or if the Administrator deter5 mines that an extension is otherwise appropriate.

6 ‘‘(3) BACTERIA.—A permitting authority may

7 not issue a permit under paragraph (2) unless, after

8 the date of enactment of this subsection—

9 ‘‘(A) the Administrator has reviewed and

10 approved the water quality standards for bac11 teria adopted by the State in which the dis12 charger is located; or

13 ‘‘(B) the criteria are published in the water

14 quality criteria for bacteria published by the

15 Administrator as described in 51 Fed. Reg.

16 8012 (March 7, 1986).’’.

17 SEC. 402. STORMWATER MANAGEMENT.

18 Section 402(p) (33 U.S.C. 1342(p)) is amended—

19 (1) by striking paragraph (1);

20 (2) by redesignating paragraph (2) as para21 graph (1);

22 (3) in paragraph (1) (as so redesignated)—

23 (A) by striking the matter preceding sub24 paragraph (A) and inserting the following:
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1 ‘‘(1) IN GENERAL.—A permit issued under this

2 section shall be required for each of the following

3 discharges composed entirely of stormwater:’’; and

4 (B) by adding at the end the following new

5 subparagraph:

6 ‘‘(F) A discharge from a municipal sepa7 rate storm sewer system serving a population of

8 fewer than 100,000 individuals covered by a

9 permit issued under subparagraph (C) or (D)

10 that is located in an urbanized area (as des11 ignated by the Bureau of the Census of the De12 partment of Commerce), except that the re13 quirements of this subparagraph shall apply be14 ginning on the date of the first reissuance of a

15 permit for a discharge under subparagraph (C)

16 or (D) for the same urbanized area that occurs

17 after the date that is 3 years after the date of

18 enactment of this subparagraph.’’;

19 (4) by inserting after paragraph (1) (as so re20 designated) the following new paragraph:

21 ‘‘(2) OTHER STORMWATER DISCHARGES.—Ex22 cept as provided in paragraph (1)(E), the Adminis23 trator (or the State, in the case of a State with the

24 authority to issue permits under this section) may
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1 not require a permit under this section for a dis2 charge composed entirely of stormwater if—

3 ‘‘(A) the discharge is from a municipal

4 separate storm sewer system serving a popu5 lation of fewer than 100,000 individuals that is

6 not located in an urbanized area (as designated

7 by the Bureau of the Census of the Department

8 of Commerce) covered by a permit issued under

9 subparagraph (C) or (D) of paragraph (1);

10 ‘‘(B) the discharge is from a construction

11 activity that disturbs an area of less than 5

12 acres, except that a discharge from a construc13 tion activity that disturbs an area of greater

14 than 1 acre and less than 5 acres in an urban15 ized area (as designated by the Bureau of the

16 Census of the Department of Commerce) sub17 ject to permit requirements under subparagraph

18 (C), (D), or (F) of paragraph (1) shall be re19 quired to have a permit if a State or local

20 stormwater management program does not im21 pose controls on the discharge; or

22 ‘‘(C) the discharge is from a gasoline sta23 tion, except that a discharge from a gasoline

24 station in an urbanized area (as designated by

25 the Bureau of the Census of the Department of
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1 Commerce) subject to permit requirements

2 under subparagraph (C), (D), or (F) of para3 graph (1) shall be required to have a permit if

4 a State or local stormwater management pro5 gram does not impose controls on the dis6 charge.’’;

7 (5) in paragraph (3), by adding at the end the

8 following new subparagraph:

9 ‘‘(C) MAXIMUM EXTENT PRACTICABLE DE10 FINED.—

11 ‘‘(i) IN GENERAL.—For the purposes

12 of subparagraph (B)(iii) and permits is13 sued not later than 2 years after the date

14 of enactment of this subparagraph, the

15 term ‘maximum extent practicable’ means

16 applying management measures, as defined

17 in section 6217(g)(5) of the Coastal Zone

18 Act Reauthorization Amendments of 1990

19 (16 U.S.C. 1455b(g)(5)), in the manner

20 prescribed in guidance issued pursuant to

21 such section.

22 ‘‘(ii) EXPANDED DEFINITION.—For

23 the purposes specified in clause (i), after

24 the date that is 2 years after the date of

25 enactment of this subparagraph, the term
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1 ‘maximum extent practicable’ has the

2 meaning provided in clause (i), except that

3 the term also includes applying other ap4 propriate management measures in a man5 ner prescribed by the Administrator in

6 guidance. The Administrator shall issue

7 the guidance not later than 2 years after

8 the date of enactment of this subpara9 graph.’’;

10 (6) in paragraph (4), by striking ‘‘(2)’’ each

11 place it appears and inserting ‘‘(1)’’; and

12 (7) by striking paragraphs (5) and (6) and in13 serting the following new paragraphs:

14 ‘‘(5) MONITORING AND REPORTING REQUIRE15 MENTS.—Each municipality subject to the require16 ments of this subsection shall be subject to—

17 ‘‘(A) monitoring requirements for the qual18 ity of receiving waters; and

19 ‘‘(B) reporting requirements for the imple20 mentation of management measures.

21 ‘‘(6) REVISED MUNICIPAL PERMITS.—

22 ‘‘(A) IN GENERAL.—Not later than 5 years

23 after the initial date of issuance of a permit

24 under paragraph (4), the Administrator (or the

25 State, in the case of a State with the authority
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1 to issue permits under this section) shall review

2 each permit issued under such paragraph and

3 include in each reissued permit management

4 measures that ensure the attainment and main5 tenance of water quality standards and the re6 quirements of the guidance referred to in para7 graph (3)(C).

8 ‘‘(B) WAIVER.—With respect to a permit

9 issued under this paragraph, during the term of

10 the permit, the Administrator may not require

11 compliance with a numeric effluent limitation or

12 a water quality standard.

13 ‘‘(7) DELAYED COMPLIANCE.—During the 10-

14 year period beginning on the date of enactment of

15 this paragraph, the Administrator (or the State, in

16 the case of a State with the authority to issue per17 mits under this section) may not require, in a permit

18 issued under this subsection, compliance with a

19 numeric effluent limitation or a water quality stand20 ard directly, except as reflected in management

21 measures required under paragraph (6)(A).

22 ‘‘(8) NATIONAL SOURCE CONTROLS.—

23 ‘‘(A) IN GENERAL.—The Administrator

24 shall—
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1 ‘‘(i) identify and assess the relative

2 degree of contribution of pollutants to

3 stormwater from various sources (including

4 household products, motor vehicles, and

5 other sources); and

6 ‘‘(ii) assess the availability and cost of

7 alternatives and substitutes for the pollut8 ants identified pursuant to clause (i).

9 ‘‘(B) SUBSTITUTIONS OR REDUCTIONS.—

10 In any case in which the Administrator deter11 mines that—

12 ‘‘(i) a pollutant found in stormwater

13 causes or contributes to a significant im14 pairment in water quality or a significant

15 violation of water quality standards as a

16 result of a discharge of the pollutant in

17 stormwater; and

18 ‘‘(ii) a reasonably available and eco19 nomically achievable alternative or sub20 stitute to the pollutant, or the source asso21 ciated with the pollutant, is available,

22 the Administrator may, by regulation, require

23 each manufacturer of the pollutant or source of

24 the pollutant to implement a phased substi25 tution or reduction in the manufacture of the
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1 pollutant or source in accordance with a sched2 ule that takes into account the cost of the sub3 stitution or reduction.

4 ‘‘(C) REPORT.—Not later than 2 years

5 after the date of enactment of this paragraph,

6 and biennially thereafter, the Administrator

7 shall submit a report to Congress that describes

8 the implementation of this paragraph.’’.

9 SEC. 403. WATER CONSERVATION.

10 Section 113 (33 U.S.C. 1263) is amended to read as

11 follows:

12 ‘‘SEC. 113. WATER CONSERVATION.

13 ‘‘(a) INTERGOVERNMENTAL COORDINATION.—

14 ‘‘(1) IN GENERAL.—The Environmental Protec15 tion Agency shall be the primary coordinator for all

16 policies of the Federal Government related to munic17 ipal, commercial, residential, and industrial water

18 conservation.

19 ‘‘(2) CONSULTATION WITH AGENCY HEADS.—

20 To carry out this section, the Secretary of the Army,

21 acting through the Chief of Engineers of the Army

22 Corps of Engineers, shall, to the greatest extent

23 practicable, consult with the heads of other Federal

24 agencies that participate in water resource planning,

25 development, and management.
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1 ‘‘(3) CONSULTATION WITH OTHER OFFI2 CIALS.—To carry out this section, the Secretary of

3 the Army, acting through the Chief of Engineers of

4 the Army Corps of Engineers, shall, to the greatest

5 extent practicable, consult with appropriate officials

6 of State and local governments, educational institu7 tions, trade associations, scientific organizations,

8 businesses, and other organizations with expertise

9 and experience with respect to water conservation.

10 ‘‘(b) TECHNICAL ASSISTANCE TO STATES AND MU11 NICIPALITIES.—

12 ‘‘(1) IN GENERAL.—The Secretary of the Army,

13 acting through the Chief of Engineers of the Army

14 Corps of Engineers, acting alone or through a con15 tracting party, is authorized to provide technical as16 sistance to States, public and private water utilities,

17 local governmental entities, and other appropriate

18 public agencies and authorities with respect to—

19 ‘‘(A) conducting a promotional and edu20 cational campaign to encourage consumers to

21 use water more efficiently;

22 ‘‘(B) implementing financial or other in23 centives for users of water to conserve water,

24 including universal metering of water users and
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1 the reform of water rates to promote conserva2 tion;

3 ‘‘(C) detecting and correcting leaks in

4 water distribution and collection systems;

5 ‘‘(D) promoting, distributing, and install6 ing water-saving technologies, fixtures, or

7 equipment for users of water;

8 ‘‘(E) incorporating water-saving tech9 nologies into building codes and standards;

10 ‘‘(F) establishing coordinated regional

11 management of water and sewer systems;

12 ‘‘(G) auditing water use;

13 ‘‘(H) reclaiming, recycling, and reusing

14 wastewater;

15 ‘‘(I) promoting water-efficient vegetative

16 cover and landscaping; and

17 ‘‘(J) otherwise achieving beneficial reduc18 tions in water use or water loss.

19 ‘‘(2) DUTIES OF THE SECRETARY OF THE

20 ARMY.—

21 ‘‘(A) IN GENERAL.—The Secretary of the

22 Army, acting through the Chief of Engineers of

23 the Army Corps of Engineers, shall, on a regu24 lar basis, make available information to poten25 tial recipients of the assistance referred to in
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1 paragraph (1) concerning the programs, offer2 ings, and activities of Federal agencies with re3 spect to water conservation.

4 ‘‘(B) CONSULTATION.—In order to better

5 target limited resources to potential recipients,

6 the Secretary of the Army, acting through the

7 Chief of Engineers of the Army Corps of Engi8 neers, shall consult, on a regular basis, with the

9 heads of other Federal water resources develop10 ment agencies to determine which States, areas,

11 water utilities, and municipalities are experienc12 ing water capacity shortfalls or will likely expe13 rience the shortfalls.

14 ‘‘(3) MODEL WATER CONSERVATION PRO15 GRAMS.—The Secretary of the Army, acting through

16 the Chief of Engineers of the Army Corps of Engi17 neers, shall develop, update, maintain, and dissemi18 nate a series of model water conservation programs

19 for States, water utilities, and municipalities.

20 ‘‘(4) REQUESTS FOR STUDY.—

21 ‘‘(A) IN GENERAL.—Any water utility or

22 municipality may request the Secretary of the

23 Army, acting through the Chief of Engineers of

24 the Army Corps of Engineers, to—
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•S 1114 IS

1 ‘‘(i) undertake a study of the feasibil2 ity, impacts, costs, and benefits of then

3 current and potential water conservation

4 activities; and

5 ‘‘(ii) recommend actions for beneficial

6 reductions in water use or loss.

7 ‘‘(B) PRIORITIES.—The Secretary of the

8 Army, acting through the Chief of Engineers of

9 the Army Corps of Engineers, shall give priority

10 to the water conservation studies referred to in

11 subparagraph (A) on the basis of the potential

12 for—

13 ‘‘(i) protection of the environment;

14 and

15 ‘‘(ii) reducing costs to Federal, State,

16 and local governments for water supply

17 and wastewater treatment facilities.

18 ‘‘(C) AMOUNT OF ASSISTANCE.—The

19 amount of Federal funds for a water conserva20 tion study under this subsection of any State,

21 water utility, or municipality serving more than

22 5,000 individuals shall be not less than 50 per23 cent of the cost of the study. The Secretary of

24 the Army, acting through the Chief of Engi25 neers of the Army Corps of Engineers, may
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1 waive the 50 percent matching requirement for

2 a water utility or municipality that serves a

3 population of fewer than 5,000 individuals.

4 ‘‘(5) REVIEWS.—

5 ‘‘(A) IN GENERAL.—The Secretary of the

6 Army, acting through the Chief of Engineers of

7 the Army Corps of Engineers, shall collect in8 formation concerning water conservation

9 projects, including projects assisted under para10 graph (4), and make the information widely

11 available to the public in a timely manner.

12 ‘‘(B) REQUIREMENTS FOR REVIEWS.—The

13 reviews shall—

14 ‘‘(i) evaluate the effectiveness of var15 ious water conservation measures; and

16 ‘‘(ii) provide information to assist the

17 Secretary in providing technical assistance.

18 ‘‘(c) TECHNICAL ASSISTANCE TO BUSINESSES AND

19 INSTITUTIONS.—The Secretary of the Army, acting

20 through the Chief of Engineers of the Army Corps of En21 gineers, may provide assistance that is comparable to the

22 assistance provided under subsection (b) to businesses and

23 other persons. The Federal cost of the assistance shall be

24 fully reimbursed by the recipient of the assistance.
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1 ‘‘(d) NATIONAL CLEARINGHOUSE ON WATER CON2 SERVATION.—

3 ‘‘(1) IN GENERAL.—The Administrator shall es4 tablish a national clearinghouse on water conserva5 tion (referred to in this subsection as the ‘clearing6 house’) to—

7 ‘‘(A) collect, analyze, and disseminate in8 formation on water conservation technologies

9 and practices; and

10 ‘‘(B) promote the widespread adoption of

11 the technologies and practices referred to in

12 subparagraph (A) by public and private water

13 utilities, and commercial, industrial, and resi14 dential consumers.

15 ‘‘(2) REQUIREMENTS FOR INFORMATION.—The

16 information referred to in paragraph (1) shall in17 clude information referred to in, and information ob18 tained under, subsections (b) and (c).

19 ‘‘(3) COLLECTION OF INFORMATION.—The

20 clearinghouse shall collect reliable water conservation

21 information. On request, the Administrator shall

22 provide the information to Federal agencies, States,

23 local governments, other appropriate public agencies

24 and authorities, nonprofit institutions and organiza25 tions, businesses and industries, researchers, private
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1 individuals, and other persons and entities in a posi2 tion to derive or increase the public benefits offered

3 by the technologies, methods, and practices related

4 to water conservation described in this subsection.

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated to carry out this section

7 an amount not to exceed $10,000,000 for each of fiscal

8 years 1994 through 2000, of which not less than $500,000

9 for each fiscal year are authorized to be appropriated to

10 the Environmental Protection Agency to carry out sub11 section (d).’’.

12 TITLE V—PERMIT PROGRAM

13 AND ENFORCEMENT

14 SEC. 501. PERMIT FEES.

15 (a) IN GENERAL.—Section 402 (33 U.S.C. 1342), as

16 amended by section 401, is further amended by adding

17 at the end the following new subsection:

18 ‘‘(s) PERMIT FEES.—

19 ‘‘(1) IN GENERAL.—

20 ‘‘(A) MODIFICATION.—

21 ‘‘(i) IN GENERAL.—Not later than 2

22 years after the date of enactment of this

23 subsection, or the applicable date specified

24 in clause (ii), the Governor of each State

25 that administers a permit program under
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1 subsection (b) shall submit to the Adminis2 trator, for approval, a modification of the

3 permit program of the State that includes

4 a requirement under State law that—

5 ‘‘(I) the owner or operator of cer6 tain point sources (as determined by

7 the State) subject to the requirement

8 to obtain a permit under this section

9 or a permit for the disposal of sewage

10 sludge under section 405; and

11 ‘‘(II) an industrial user of a pub12 licly owned treatment works subject to

13 a Federal or State permit, or equiva14 lent individual control mechanism,

15 concerning the pretreatment of toxic

16 or nonconventional pollutants for in17 troduction into the treatment works,

18 pay an annual fee (or the equivalent, over

19 another specified period of time).

20 ‘‘(ii) EXTENSION.—If a State has a

21 legislature that is not scheduled to meet in

22 a legislative session in which legislation to

23 carry out this subparagraph may be en24 acted by the date specified in clause (i),

25 the State shall carry out the requirements
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1 of clause (i) not later than the date of ad2 journment of the first regular legislative

3 session of a State in which legislation to

4 carry out this subsection may be consid5 ered.

6 ‘‘(B) ACCUMULATED AMOUNT OF FEES.—

7 The total amount collected as fees for any year

8 in a State shall be a sufficient amount to cover

9 not less than 60 percent of the costs of develop10 ing and administering point source elements of

11 the water quality program, and the costs of de12 veloping and administering sewage sludge dis13 posal and pretreatment programs, of the State,

14 including the costs of—

15 ‘‘(i) reviewing and acting upon appli16 cations for permits;

17 ‘‘(ii) implementing and enforcing the

18 terms and conditions of permits or equiva19 lent individual control mechanisms (exclud20 ing any court costs);

21 ‘‘(iii) effluent and ambient water qual22 ity monitoring;

23 ‘‘(iv) preparing generally applicable

24 regulations or guidance, including water

25 quality standards;
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1 ‘‘(v) modeling, planning, analyses, and

2 demonstrations;

3 ‘‘(vi) preparing and maintaining pub4 lic information systems concerning effluent

5 limitations, discharges, compliance, and

6 water quality; and

7 ‘‘(vii) evaluating the performance of

8 laboratories that analyze monitoring sam9 ples (including laboratory inspections, lab10 oratory audits, and quality assurance).

11 ‘‘(2) USE OF FEES.—

12 ‘‘(A) IN GENERAL.—Each fee required to

13 be collected by a State under this subsection

14 shall be used only to support the water quality

15 programs of the State.

16 ‘‘(B) RESTRICTION ON USE.—Except as

17 provided in subparagraph (C), the fees collected

18 pursuant to this subsection may not be used to

19 provide State matching funds for Federal funds

20 made available to the State pursuant to section

21 106.

22 ‘‘(C) USE FOR MATCHING FUNDS.—A

23 State may use any amount collected by the

24 State as fees pursuant to this subsection in ex25 cess of the minimum amount specified in para-
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1 graph (1)(B) to provide matching funds for

2 Federal funds made available to the State pur3 suant to section 106.

4 ‘‘(3) FEDERAL FEE PROGRAM.—

5 ‘‘(A) FEDERAL PROGRAM OF FEE ASSESS6 MENT.—Not later than 3 years after the date

7 of enactment of this subsection, the Adminis8 trator shall establish a Federal program for the

9 collection of fees under this subsection.

10 ‘‘(B) CONDITIONS THAT REQUIRE IMPLE11 MENTATION OF FEDERAL PROGRAM.—If the

12 Administrator, upon review of the permit modi13 fications submitted by a State pursuant to

14 paragraph (1), or upon conducting a subse15 quent review pursuant to subparagraph (C), de16 termines that—

17 ‘‘(i) the fee provisions under the modi18 fied permit program submitted by a State

19 to the Administrator for approval pursuant

20 to paragraph (1) do not meet the require21 ments of this subsection;

22 ‘‘(ii) a State is not adequately admin23 istering or enforcing a fee system referred

24 to in paragraph (1) that has been approved

25 by the Administrator; or
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1 ‘‘(iii) a State does not have the au2 thority to administer a permit program

3 pursuant to subsection (b),

4 the Administrator shall, not later than 3 years

5 after the date of enactment of this subsection,

6 or with respect to a finding described in clause

7 (ii) not later than 180 days after making the

8 finding, assess and collect fees from sources re9 ferred to in paragraph (1) pursuant to the pro10 gram referred to in subparagraph (A).

11 ‘‘(C) REVIEW BY ADMINISTRATOR.—The

12 Administrator may, at any time after approving

13 the modifications of the permit program of a

14 State under paragraph (1), review the fees as15 sessed by the State pursuant to the modifica16 tions. The Administrator shall review the fees

17 assessed by the State not later than 5 years

18 after the date of approval of the modifications,

19 and not less frequently than every 5 years

20 thereafter.

21 ‘‘(D) SUBSEQUENT ESTABLISHMENT OF

22 STATE PROGRAM.—At any time after the Ad23 ministrator implements a program to assess

24 fees pursuant to subparagraph (A), if the Ad25 ministrator determines that a State program to
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1 assess fees meets the requirements of this sub2 section and the State has adequate authority to

3 assess the fees, the Administrator may approve

4 the State program and terminate the applica5 tion of the Federal program to the State.

6 ‘‘(E) FEDERAL WATER POLLUTION CON7 TROL PERMIT FUND.—

8 ‘‘(i) ESTABLISHMENT.—There is es9 tablished in the United States Treasury a

10 Federal Water Pollution Control Permit

11 Fund (referred to in this subparagraph as

12 the ‘Fund’).

13 ‘‘(ii) SOURCE AND USE.—All fees col14 lected by the Administrator (plus any

15 amount of interest and penalty collected by

16 the Administrator pursuant to section

17 309(g)) and any interest earned from the

18 investment of the Fund shall be deposited

19 in the Fund, and shall be available, with20 out fiscal limitation, to carry out the ac21 tivities for which the fees are collected (as

22 described in paragraph (1)(B)).

23 ‘‘(iii) INVESTMENT OF FUND.—It

24 shall be the duty of the Secretary of the

25 Treasury to invest such portion of the
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1 Fund as the Secretary determines is not

2 required to meet the then current with3 drawals of the Fund. The investment may

4 be made only in interest-bearing obliga5 tions of the United States or in obligations

6 guaranteed as to both principal and inter7 est by the United States. For the purpose

8 referred to in the preceding sentence, the

9 obligations may be acquired—

10 ‘‘(I) on original issue at the issue

11 price; or

12 ‘‘(II) by purchase of outstanding

13 obligations at the market price.

14 ‘‘(iv) PAYMENTS FROM FUND.—The

15 Secretary of the Treasury is authorized

16 and directed to pay out of any funds avail17 able in the Fund any expenses incurred by

18 the Federal Government in carrying out

19 the activities specified in clause (ii). None

20 of the funds deposited into the Fund shall

21 be available for any purpose other than

22 making payments authorized under the

23 preceding sentence.’’.
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1 (b) PENALTIES.—Section 309(g) (33 U.S.C.

2 1319(g)) is amended by adding at the end the following

3 new paragraph:

4 ‘‘(12) OTHER PENALTIES.—Any point source

5 that fails to pay a fee lawfully imposed by the Ad6 ministrator under section 402(s) shall be liable to

7 the United States for payment of an amount equal

8 to the sum of—

9 ‘‘(A) the amount of the fee;

10 ‘‘(B) a penalty in an amount equal to 50

11 percent of the amount of the fee; and

12 ‘‘(C) interest on the amount of the fee

13 computed in accordance with section 6621(a)(2)

14 of the Internal Revenue Code of 1986.’’.

15 SEC. 502. PERMIT PROGRAM MODIFICATIONS.

16 (a) PERMIT MANAGEMENT.—

17 (1) IN GENERAL.—Section 402(b) (33 U.S.C.

18 1342(b)) is amended by adding at the end the fol19 lowing new paragraphs:

20 ‘‘(10) To ensure that, beginning on the date that is

21 1 year after the date of enactment of this paragraph, in

22 the case of a new discharge into navigable waters resulting

23 from the construction of a new facility, the applicant ap24 plies for a permit under this section prior to the com25 mencement of construction of the facility.
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1 ‘‘(11) To ensure that each person issued a permit

2 under this section who has received assistance under sec3 tion 201(g)(1) or section 603(c)(1) is in compliance with

4 the requirements of section 204(b).’’.

5 (2) SYSTEM OF CHARGES.—The first sentence

6 of section 204(b)(1) (33 U.S.C. 1284(b)(1)) is

7 amended by striking ‘‘the Administrator shall not

8 approve any grant for any treatment works under

9 section 201(g)(1) after March 1, 1973, unless he

10 shall first have determined that the applicant (A)

11 has adopted or will adopt’’ and inserting ‘‘the Ad12 ministrator may not approve a grant for any recipi13 ent of assistance under section 201(g)(1) or

14 603(c)(1)(A) unless the applicant (A) has adopted or

15 will adopt’’.

16 (b) PERMIT REVISION AND RENEWAL.—Section

17 402(b)(1)(C) (33 U.S.C. 1342(b)(1)(C)) is amended—

18 (1) in clause (iii), by adding ‘‘and’’ at the end;

19 and

20 (2) by adding at the end the following new

21 clause:

22 ‘‘(iv) the promulgation, after the date of is23 suance of the permit, of any new or revised ef24 fluent guideline or standard pursuant to section

25 303, or any applicable regulation;’’.
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1 (c) FEDERAL PROGRAM OVERSIGHT.—Section

2 402(d) (33 U.S.C. 1342(d)) is amended—

3 (1) in paragraph (4)—

4 (A) by striking ‘‘on request of the State,’’

5 and all that follows through ‘‘If’’ and inserting

6 ‘‘and if’’;

7 (B) by striking ‘‘within 30 days’’ and all

8 that follows through ‘‘of such objection’’ and in9 serting ‘‘within 180 days after such objection’’;

10 and

11 (C) by adding at the end the following new

12 sentence: ‘‘In any case in which the Adminis13 trator exercises waiver authority, the Adminis14 trator shall make reasonable efforts to periodi15 cally review the waiver.’’; and

16 (2) by adding at the end the following new

17 paragraphs:

18 ‘‘(5) In any case in which the appropriate official of

19 a State permit program approved by the Administrator

20 pursuant to subsection (b) fails, during the 180-day period

21 beginning on the date of expiration of a permit for a dis22 charge, to propose to reissue a permit for the discharge,

23 the Administrator may issue a permit for the discharge.

24 ‘‘(6) The Administrator may, by regulation require

25 that each permit issued be reviewed and revised to include
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1 an effluent limitation based on a new or revised effluent

2 guideline or standard, or any other applicable regulation.’’.

3 (d) JUDICIAL REVIEW.—

4 (1) IN GENERAL.—Section 402(b)(3) (33

5 U.S.C. 1342(b)(3)) is amended by striking the semi6 colon at the end and inserting ‘‘and an opportunity

7 for judicial review of a final permit action under this

8 section in a State court by the applicant, any person

9 who participated in the public comment process, and

10 any other person who could obtain judicial review of

11 the action under any applicable law;’’.

12 (2) SANCTION.—Section 402(d), as amended by

13 subsection (c)(2), is further amended by adding at

14 the end the following new paragraph:

15 ‘‘(7) If a State with a program approved under sub16 section (b) fails to modify a State program pursuant to

17 the requirements of subsection (b)(3) by the date that is

18 3 years after the date of enactment of this paragraph, the

19 Administrator shall withhold an amount equal to 10 per20 cent of the amount that would otherwise be allotted to the

21 State under section 106 for the fiscal year that begins

22 after the decision of the Administrator to withhold the

23 amount.’’.

24 (e) BIOLOGICAL ASSESSMENT.—
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1 (1) IN GENERAL.—Subsection (e) of section

2 402 (33 U.S.C. 1342(e)) is amended to read as fol3 lows:

4 ‘‘(e)(1)(A) The Administrator may, in cooperation

5 with the Governor of a State and in cooperation with the

6 heads of the United States Fish and Wildlife Service of

7 the Department of the Interior and the National Marine

8 Fisheries Service of the Department of Commerce, iden9 tify sensitive aquatic systems in the State that support

10 valuable biological resources, including threatened or en11 dangered species.

12 ‘‘(B) The Administrator shall publish a description

13 of the areas identified pursuant to subparagraph (A) in

14 the Federal Register.

15 ‘‘(2) Beginning on the date that is 1 year after the

16 date of enactment of this paragraph, before a final permit

17 under this section may be issued for a discharge to waters

18 identified pursuant to paragraph (1), the head of—

19 ‘‘(A) the United States Fish and Wildlife Serv20 ice of the Department of the Interior; or

21 ‘‘(B) the National Marine Fisheries Service of

22 the Department of Commerce,

23 whichever is appropriate, shall be required to review and

24 comment on a draft permit prepared pursuant to this sub25 section not later than 30 days after receipt of the draft
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•S 1114 IS

1 permit. The Administrator shall promulgate such regula2 tions as are necessary to carry out this paragraph.’’.

3 (2) BIOLOGICAL DISCHARGE CRITERIA.—Sec4 tion 403 (33 U.S.C. 1343) is amended—

5 (A) by striking the section heading and in6 serting the following new heading:

7 ‘‘BIOLOGICAL DISCHARGE CRITERIA’’;

8 (B) by striking subsection (a) and insert9 ing the following new subsection:

10 ‘‘(a) No permit shall be issued under section 402 for

11 a discharge into the territorial sea, the waters of the con12 tiguous zone, the oceans, or any waters identified pursu13 ant to section 402(e)(1)(A) if, on the basis of an assess14 ment of the criteria referred to in subsection (c), the dis15 charge can reasonably be expected to prevent the protec16 tion and propagation of a balanced population of shellfish,

17 fish, and wildlife.’’; and

18 (C) in subsection (c)(1)—

19 (i) in the matter preceding subpara20 graph (A)—

21 (I) by striking ‘‘Act (and from

22 time to time promulgate)’’ and insert23 ing the following: ‘‘the Water Pollu24 tion Prevention and Control Act of

25 1993, and biennially thereafter, pub26 lish’’; and
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1 (II) by striking ‘‘and the

2 oceans,’’ and inserting the following:

3 ‘‘the oceans, or any waters identified

4 pursuant to section 402(e)(1)(A),’’;

5 (ii) in subparagraph (B), by striking

6 ‘‘marine’’ and inserting ‘‘aquatic’’; and

7 (iii) in subparagraph (G), by inserting

8 ‘‘or other waters’’ after ‘‘oceans’’.

9 (f) PERMIT APPLICATION REQUIREMENTS.—Section

10 402(a) (33 U.S.C. 1342(a)) is amended by adding at the

11 end the following new paragraph:

12 ‘‘(6) Not later than 2 years after the date of

13 enactment of this paragraph, the Administrator shall

14 promulgate regulations to update the application for

15 a permit under this section for municipal and indus16 trial dischargers to require the applicant to more

17 fully characterize the nature of the discharge of ef18 fluent and the contributions of the effluent to receiv19 ing waters.’’.

20 (g) WATERBODY AND EFFLUENT ASSESSMENT.—

21 (1) BIOLOGICAL MONITORING METHODS.—Sec22 tion 304(a)(8) (33 U.S.C. 1314(a)(8)) is amended

23 by adding at the end the following new sentence:

24 ‘‘Not later than 3 years after the date of enactment

25 of the Water Pollution Prevention and Control Act
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1 of 1993, the Administrator shall publish regulations

2 that establish biological monitoring methods, prac3 tices, and protocols, including measurements suitable

4 for establishing the biological condition of

5 waterbodies.’’.

6 (2) WHOLE EFFLUENT TOXICITY.—Section

7 402(a)(2) (33 U.S.C. 1342(a)(2)) is amended—

8 (A) by inserting ‘‘(A)’’ before ‘‘The Admin9 istrator’’; and

10 (B) by adding at the end the following new

11 subparagraph:

12 ‘‘(B) Not later than 2 years after the date of enact13 ment of this subparagraph, the Administrator shall pub14 lish regulations that provide for—

15 ‘‘(i) the establishment of a quantitative basis

16 for determining acute and chronic whole effluent

17 toxicity; and

18 ‘‘(ii) the inclusion of numerical effluent limita19 tions for whole effluent toxicity in a permit for any

20 discharge that the Administrator determines is likely

21 to exhibit toxicity.’’.

22 (h) INNOVATIVE PRODUCTION PROCESSES AND

23 TECHNOLOGY.—Subsection (k) of section 301 (33 U.S.C.

24 1311(k)) is amended to read as follows:
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•S 1114 IS

1 ‘‘(k) INNOVATIVE PRODUCTION PROCESSES AND

2 TECHNOLOGY.—

3 ‘‘(1) IN GENERAL.—The Administrator (or the

4 State, in the case of a State with the authority to

5 issue permits under section 402) may, with the con6 sent of the State in which a source is located and

7 after notice and opportunity for comment, tempo8 rarily waive any permit limitation applicable to a

9 point source that is in a permit issued under section

10 402 and that has been established pursuant to sub11 paragraph (A) or (E) of subsection (b)(2) for the

12 purpose of encouraging the development and testing

13 of an innovative production process or pollution con14 trol technology that will—

15 ‘‘(A) result in an effluent reduction signifi16 cantly greater than that required by the limita17 tion otherwise applicable;

18 ‘‘(B) promote the national goal of eliminat19 ing the discharge of all pollutants; or

20 ‘‘(C) result in significantly lower costs than

21 processes and technologies that the Adminis22 trator has determined to be the best economi23 cally achievable for the source.
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1 ‘‘(2) WAIVER.—A waiver referred to in para2 graph (1) shall include alternative limitations appli3 cable during the temporary waiver period that—

4 ‘‘(A) ensure that water quality standards

5 applicable to the waters receiving any discharge

6 from the source are not exceeded; and

7 ‘‘(B) provide for the protection of human

8 health and the environment.

9 ‘‘(3) REQUIREMENTS FOR WAIVER.—The Ad10 ministrator may only grant a waiver under this sub11 section if the Administrator finds that—

12 ‘‘(A) the innovative process or technology

13 that is the subject of the waiver has not been

14 adequately demonstrated;

15 ‘‘(B) the innovative process or technology

16 has not previously failed to operate effectively

17 or to meet any limitation otherwise applicable;

18 and

19 ‘‘(C) the owner of the source will conduct

20 such tests and monitoring during the period of

21 the waiver as are necessary to ensure that the

22 alternative limitations established pursuant to

23 paragraph (2) are not exceeded.

24 ‘‘(4) PERIOD OF WAIVER.—
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1 ‘‘(A) IN GENERAL.—The period of the

2 waiver shall not exceed the period necessary to

3 determine whether the innovative process or

4 technology would, in commercial operation,

5 meet the limitations referred to in paragraph

6 (1) that would otherwise apply to the source

7 that is the subject of the waiver. The period

8 may not exceed 90 days, unless the Adminis9 trator extends the period for an additional 90-

10 day period.

11 ‘‘(B) TERMINATION.—The Administrator

12 or the State in which the source is located may

13 at any time terminate the waiver granted under

14 this subsection, if the Administrator or the

15 State determines that the innovative process or

16 technology—

17 ‘‘(i) has failed to achieve an effluent

18 reduction at least equivalent to the reduc19 tion required by a limitation referred to in

20 paragraph (1) that would otherwise apply;

21 or

22 ‘‘(ii) has exceeded any limitation in

23 the waiver established pursuant to para24 graph (2).
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1 ‘‘(5) NUMBER OF WAIVERS.—The number of

2 waivers granted under this subsection for a specific

3 production process or pollution control technology

4 may not exceed the number necessary to dem5 onstrate the effectiveness of the process or tech6 nology in meeting the objectives specified in para7 graph (1). No waiver granted under this section

8 shall apply to any limitation in a permit that is not

9 directly related to the operation and testing of the

10 innovative process or technology.’’.

11 SEC. 503. ENFORCEMENT.

12 (a) CITIZEN ENFORCEMENT.—Section 505 (33

13 U.S.C. 1365) is amended—

14 (1) in subsection (a)(1), by inserting ‘‘to have

15 violated (if there is evidence that the alleged viola16 tion has been repeated) or’’ before ‘‘to be in viola17 tion’’;

18 (2) in subsection (b)(1)(A), by inserting ‘‘or has

19 occurred,’’ after ‘‘occurs,’’;

20 (3) in subsection (f)(6), by inserting ‘‘, or has

21 been in effect,’’ after ‘‘in effect’’; and

22 (4) in subsection (g), by striking ‘‘is’’ and in23 serting ‘‘has been, is,’’.

24 (b) PENALTIES AND COMPENSATION.—

25 (1) BENEFICIAL USE.—
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1 (A) CIVIL PENALTIES.—Section 309(d)

2 (33 U.S.C. 1319(d)) is amended—

3 (i) by striking ‘‘(d) Any person’’ and

4 inserting the following:

5 ‘‘(d) CIVIL PENALTIES.—

6 ‘‘(1) IN GENERAL.—Any person’’; and

7 (ii) by adding at the end the following

8 new paragraph:

9 ‘‘(2) BENEFICIAL USE.—Notwithstanding any

10 other provision of law (including subchapter III of

11 chapter 7 of title 31, United States Code, and chap12 ter 128 of title 28, United States Code), each dis13 trict court may order that all or a portion of a civil

14 penalty referred to in paragraph (1) be used for a

15 beneficial project to enhance public health or the en16 vironment by restoring or otherwise improving, in a

17 manner consistent with this Act, the water quality,

18 wildlife, or habitat of the waterbody in which the

19 violation occurred.’’.

20 (B) CITIZENS SUITS.—Section 505(a) (33

21 U.S.C. 1365(a)) is amended by adding at the

22 end the following new sentences: ‘‘Notwith23 standing any other provision of law (including

24 subchapter III of chapter 7 of title 31, United

25 States Code, and chapter 123 of title 28, Unit-
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•S 1114 IS

1 ed States Code), each district court may order

2 that, in any action under this subsection to

3 apply a civil penalty, all or a portion of the civil

4 penalty be used for a beneficial project to en5 hance public health or the environment by re6 storing or otherwise improving, in a manner

7 consistent with this Act, the water quality, wild8 life, or habitat of the waterbody in which the

9 violation occurred.’’.

10 (C) CRIMINAL FINES.—Section 309(c) (33

11 U.S.C. 1319(c)) is amended by adding at the

12 end the following new paragraph:

13 ‘‘(8) BENEFICIAL USE.—Notwithstanding any

14 other provision of law (including subchapter III of

15 chapter 7 of title 31, United States Code, and chap16 ter 123 of title 28, United States Code) each court

17 that imposes a fine pursuant to this subsection may

18 order that all or a portion of the fine be used for

19 a beneficial project to enhance public health or the

20 environment by restoring or otherwise improving, in

21 a manner consistent with this Act, the water quality,

22 wildlife, or the habitat of the waterbody in which the

23 violation occurred.’’.

24 (2) RESTORATION OF DAMAGED NATURAL RE25 SOURCES.—
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1 (A) IN GENERAL.—Section 309(b) (33

2 U.S.C. 1319(b)) is amended—

3 (i) in the second sentence, by insert4 ing, ‘‘, to order the defendant to take such

5 other action as may be necessary, including

6 the restoration of natural resources dam7 aged or destroyed as a result of the viola8 tion,’’ after ‘‘such violation’’; and

9 (ii) by inserting after the second sen10 tence the following new sentence: ‘‘The

11 maximum cost of any restoration under the

12 preceding sentence that a responsible per13 son may be obligated to pay to carry out

14 the order may not exceed the maximum

15 amount of a civil penalty that may be as16 sessed against the responsible person in a

17 civil action commenced pursuant to this

18 subsection.’’.

19 (B) CITIZENS SUITS.—Section 505(a) (33

20 U.S.C. 1365(a)), as amended by paragraph

21 (1)(B), is further amended—

22 (i) in the second sentence, by insert23 ing ‘‘or to order any responsible person to

24 take such other action as may be nec25 essary, including the restoration of natural
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•S 1114 IS

1 resources damaged or destroyed as a result

2 of the violation,’’ after ‘‘as the case may

3 be,’’; and

4 (ii) by inserting after the second sen5 tence the following new sentence: ‘‘The

6 maximum cost of any restoration under the

7 preceding sentence that a responsible per8 son may be obligated to pay to carry out

9 the order may not exceed the maximum

10 amount of a civil penalty that may be as11 sessed against the responsible person in a

12 civil action commenced pursuant to this

13 subsection.’’.

14 (3) PRETREATMENT REQUIREMENTS.—

15 (A) IN GENERAL.—Section 505(f)(4) (33

16 U.S.C. 1365(f)(4)) is amended by inserting ‘‘,

17 pretreatment requirement,’’ after ‘‘effluent

18 standard’’.

19 (B) STATE ENFORCEMENT.—Section

20 309(a)(1) (33 U.S.C. 1319(a)(1)) is amended

21 by inserting ‘‘any requirement imposed under a

22 pretreatment program approved under sub23 section (a)(3) or (b)(8) of section 402, or any

24 local limit imposed under section 402(b)(9),’’

25 after ‘‘under section 402 or 404 of this Act,’’.
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1 (C) ENFORCEMENT BY THE ADMINIS2 TRATOR.—Section 309(a)(3) (33 U.S.C.

3 1319(a)(3)) is amended by inserting ‘‘or any re4 quirement imposed under a pretreatment pro5 gram approved under subsection (a)(3) or

6 (b)(8) of section 402 or any local limit imposed

7 under section 402(b)(9),’’ after ‘‘section 404 of

8 this Act by a State,’’.

9 (D) ADMINISTRATIVE PENALTIES.—Sec10 tion 309(g)(1)(A) (33 U.S.C. 1319(g)(1)(A)) is

11 amended by inserting ‘‘or any requirement im12 posed under a pretreatment program approved

13 under subsection (a)(3) or (b)(8) of section 402

14 or any local limit imposed under section

15 402(b)(9),’’ after ‘‘section 404 by a State,’’.

16 (E) NOTICE TO PUBLICLY OWNED TREAT17 MENT WORKS OF NOTIFICATION.—The first

18 sentence of section 309(a)(4) (33 U.S.C.

19 1319(a)(4)) is amended by striking ‘‘and other

20 affected States’’ and inserting ‘‘, other affected

21 States, and any publicly owned treatment works

22 receiving wastewater from the violation’’.

23 (4) FIELD CITATION PROGRAM.—Section

24 309(g), as amended by section 501(b), (33 U.S.C.

25 1319(g)) is further amended—
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•S 1114 IS

1 (A) by redesignating paragraphs (7)

2 through (12) as paragraphs (8) through (13),

3 respectively; and

4 (B) by inserting after paragraph (6) the

5 following new paragraph:

6 ‘‘(7) FIELD CITATION PROGRAM.—

7 ‘‘(A) AUTHORITY TO IMPLEMENT PRO8 GRAM.—The Administrator may establish, by

9 regulation, a field citation program under which

10 field citations for minor violations may be is11 sued by officers or employees designated by the

12 Administrator. The field citations issued pursu13 ant to this authority shall not be subject to the

14 public notice requirements of paragraph (4), or

15 any other requirement for advance public notifi16 cation.

17 ‘‘(B) AMOUNT OF PENALTY.—A civil pen18 alty assessed under this paragraph may not ex19 ceed $5,000 per day for each violation, and a

20 total of $25,000 for the violation.

21 ‘‘(C) ELECTION.—Any person to whom a

22 field citation is assessed may, within a reason23 able time as prescribed by the Administrator

24 through regulation, elect to pay the penalty as25 sessment or to request a hearing on the field ci-
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•S 1114 IS

1 tation. If a request for a hearing is not made

2 within the time specified in the regulation, the

3 penalty assessment in the field citation shall be

4 final.

5 ‘‘(D) HEARING.—A hearing under this

6 paragraph may not be subject to section 554 or

7 556 of title 5, but shall provide a reasonable op8 portunity to be heard and to present evidence.

9 ‘‘(E) EFFECT ON FUTURE ENFORCE10 MENT.—Payment of a civil penalty required by

11 a field citation may not be a defense to further

12 enforcement by the United States or a State.’’.

13 (5) OFFSETTING PENALTIES.—

14 (A) CIVIL PENALTIES.—The second sen15 tence of paragraph (1) of section 309(d) (33

16 U.S.C. 1319(d)), as designated by paragraph

17 (1)(A)(i), is amended by inserting ‘‘any penalty

18 previously imposed by a court or administrative

19 agency for the same violation,’’ after ‘‘the viola20 tor,’’.

21 (B) EXEMPTION FROM CERTAIN LIMITA22 TIONS.—Section 309(g)(6)(B) (33 U.S.C.

23 1319(g)(6)(B)) is amended—

24 (i) in clause (i), by inserting ‘‘or an

25 action under a State law comparable to
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1 this subsection’’ after ‘‘an action under

2 this subsection’’; and

3 (ii) in clause (ii), by inserting ‘‘or an

4 action under a State law comparable to

5 this subsection,’’ after ‘‘an action under

6 this subsection’’.

7 (6) ECONOMIC BENEFIT.—Section 309(g) (33

8 U.S.C. 1319(g)), as amended by section 501(b) and

9 paragraph (4)(A), is further amended—

10 (A) by redesignating paragraph (13) as

11 paragraph (14); and

12 (B) by inserting after paragraph (12) the

13 following new paragraph:

14 ‘‘(13) STATE CONSIDERATION OF ECONOMIC

15 BENEFIT.—

16 ‘‘(A) ESTABLISHMENT AND APPLICATION

17 OF POLICY.—Each State that has in effect a

18 State law that has any comparable civil enforce19 ment authority (whether administrative or judi20 cial) to those authorities under this section

21 shall develop and apply an economic benefit pol22 icy to be used in determining the amount of any

23 penalty assessed against a violator. The policy

24 shall ensure consideration of the amount of eco-
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1 nomic benefit resulting from the violation that

2 is the subject of the penalty.

3 ‘‘(B) AUTHORITY OF ADMINISTRATOR.—In

4 addition to other circumstances giving rise to

5 enforcement proceedings under this Act, the

6 Administrator may commence enforcement pro7 ceedings under this section against a violator

8 that is the subject of an action under State law

9 that has comparable requirements to this sub10 section if the State does not establish and apply

11 an economic benefit policy to be used in deter12 mining the amount of any penalty assessed

13 against a violator under the comparable provi14 sion of State law.’’.

15 (7) STATE ADMINISTRATIVE ENFORCEMENT.—

16 (A) IN GENERAL.—Section 402 (33 U.S.C.

17 1342), as amended by section 501(a), is further

18 amended by adding at the end the following

19 new subsection:

20 ‘‘(t) WITHHOLDING WATER POLLUTION CONTROL

21 ASSISTANCE.—

22 ‘‘(1) IN GENERAL.—Beginning on the date that

23 is 3 years after the date of enactment of this sub24 section, the Administrator is authorized to withhold

25 from a State with an approved program under sub-
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1 section (b), an amount not to exceed 25 percent of

2 the amount of funds allocated for any fiscal year to

3 the State under section 106, if the Administrator de4 termines that the State does not have adequate au5 thority to abate violations of—

6 ‘‘(A) permits issued under section 402; and

7 ‘‘(B) pretreatment requirements applicable

8 to industrial users of publicly owned treatment

9 works.

10 ‘‘(2) ADEQUATE AUTHORITY.—For purposes of

11 paragraph (1), in order to demonstrate adequate au12 thority, a State shall, at a minimum, demonstrate

13 the authority to recover an administrative civil pen14 alty in a maximum amount of not less than $10,000

15 per day for each violation referred to in paragraph

16 (1).

17 ‘‘(3) AMOUNTS WITHHELD.—The Administrator

18 shall make available any amounts withheld under

19 paragraph (1) to States with an approved program

20 under subsection (b).’’.

21 (B) ABATEMENT.—Section 402(b) (33

22 U.S.C. 1342(b)) is amended by striking para23 graph (7) and inserting the following new para24 graph:
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•S 1114 IS

1 ‘‘(7) To abate violations of the permit or the permit

2 program by—

3 ‘‘(A) the imposition of administrative penalties

4 (in a manner comparable to section 309(g));

5 ‘‘(B) the imposition of criminal penalties; or

6 ‘‘(C) other means of enforcement that the State

7 is able to demonstrate to be as effective as the

8 means described in this paragraph.’’.

9 (8) FEDERAL PROCUREMENT.—Subsection (a)

10 of section 508 (33 U.S.C. 1368(a)) is amended to

11 read as follows:

12 ‘‘(a)(1)(A) No Federal agency may enter into any

13 contract, grant, or loan that is to be performed, in whole

14 or in part, using any facility owned, leased, operated, or

15 supervised, at the time of the violation, by any person who

16 has been convicted of an offense under section 309(c),

17 407, or 411 or under section 10 of the Act entitled ‘An

18 Act making appropriations for the construction, repair,

19 and preservation of certain public works on rivers and har20 bors, and for other purposes’, approved March 3, 1899

21 (33 U.S.C. 403) (commonly known as the ‘River and Har22 bor Act of 1899’).

23 ‘‘(B) With respect to a person described in subpara24 graph (A), a prohibition under such subparagraph shall—
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•S 1114 IS

1 ‘‘(i) continue for a period of not less than 1

2 year following the date of conviction as determined

3 by the Administrator;

4 ‘‘(ii) affect each facility owned or operated by

5 the person that the Administrator determines has

6 given rise to the conviction; and

7 ‘‘(iii) continue until the Administrator, in the

8 sole discretion of the Administrator, certifies that

9 the conditions giving rise to the conviction have been

10 corrected.

11 ‘‘(C) Each applicant who seeks to participate in a

12 Federal contract, grant, or loan shall disclose any convic13 tion described in subparagraph (A) to each appropriate

14 Federal agency.

15 ‘‘(2)(A) No Federal agency may enter into any con16 tract for the procurement of a good, material, or service

17 with any person who has been found liable for civil pen18 alties, or who has entered into any consent order or decree

19 under section 309(d) admitting to violations that may be

20 subject to the assessment of a civil penalty under section

21 309(d), as a result of 3 or more separate enforcement ac22 tions instituted under section 309(d) within a period of

23 less than 5 consecutive years, if the Administrator deter24 mines that the contract is to be performed at a facility—
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•S 1114 IS

1 ‘‘(i) at which the violations that resulted in the

2 determination of liability or admission of liability in

3 any enforcement action under section 309(d) oc4 curred; and

5 ‘‘(ii) that is owned, leased, or supervised by the

6 person who was found to be responsible or admitted

7 liability for any violation that was the subject of an

8 enforcement action under section 309(d).

9 ‘‘(B) With respect to a person described in subpara10 graph (A), a prohibition under such subparagraph shall—

11 ‘‘(i) continue for a period of not less than 1

12 year from the date determined by the Administrator

13 to be the final and effective date of the third en14 forcement action occurring within the 5-year period

15 referred to in subparagraph (A);

16 ‘‘(ii) affect each facility that the Administrator

17 determines has given rise to the enforcement actions

18 under section 309(d); and

19 ‘‘(iii) continue until the Administrator, in the

20 sole discretion of the Administrator, certifies that

21 the conditions giving rise to the violations for which

22 liability under section 309(d) has been imposed or

23 admitted in the enforcement actions under subpara24 graph (A) have been corrected.’’.
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1 (9) ADMINISTRATIVE PENALTIES.—Section

2 309(g)(2)(B) (33 U.S.C. 1319(g)(2)(B)) is amended

3 by striking ‘‘$125,000’’ and inserting ‘‘$200,000’’.

4 (c) FEDERAL FACILITIES.—

5 (1) IN GENERAL.—Section 313(a) (33 U.S.C.

6 1323(a)) is amended—

7 (A) in the first sentence—

8 (i) by striking ‘‘(1)’’ and inserting

9 ‘‘(A)’’; and

10 (ii) by striking ‘‘(2)’’ and inserting

11 ‘‘(B)’’;

12 (B) by designating the first and second

13 sentences as paragraphs (1) and (2), respec14 tively;

15 (C) by striking the third sentence;

16 (D) by designating the fourth sentence as

17 paragraph (7);

18 (E) by striking the fifth sentence;

19 (F) by designating the sixth through elev20 enth sentences as paragraph (8);

21 (G) by inserting after paragraph (2) (as

22 designated by subparagraph (B)) the following

23 new paragraphs:

24 ‘‘(3) The Federal, State, interstate, and local sub25 stantive and procedural requirements, administrative au-
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1 thority, and process and sanctions referred to in this sec2 tion shall include—

3 ‘‘(A) any administrative order; and

4 ‘‘(B) any civil or administrative penalty or fine

5 (without regard to whether the penalty or fine is pu6 nitive or coercive in nature or is imposed for one or

7 more isolated, intermittent, or continuing violations).

8 ‘‘(4) The United States hereby expressly waives any

9 immunity otherwise applicable to the United States with

10 respect to the substantive and procedural requirements,

11 administrative authority, and process and sanctions re12 ferred to in paragraph (2) (including any injunctive relief,

13 administrative order, civil or administrative penalty re14 ferred to in paragraph (3)(B), or reasonable service

15 charge).

16 ‘‘(5) A reasonable service charge referred to in para17 graph (4) includes any fee or charge assessed in connec18 tion with—

19 ‘‘(A) the processing and issuance of a permit;

20 ‘‘(B) the renewal of a permit;

21 ‘‘(C) an amendment to a permit;

22 ‘‘(D) the review of a plan, study, or other docu23 ment;

24 ‘‘(E) the inspection and monitoring of a facility:

25 and
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1 ‘‘(F) any other nondiscriminatory charge,

2 that is assessed in connection with a Federal, State, inter3 state, or local water pollution program.

4 ‘‘(6)(A) No agent, employee, or officer of the United

5 States shall be personally liable for any civil penalty under

6 any Federal, State, interstate, or local water pollution law

7 with respect to any act or omission within the official du8 ties of the agent, employee, or officer.

9 ‘‘(B) An agent, employee, or officer of the United

10 States shall be subject to a criminal sanction (including

11 a fine or imprisonment) under a Federal or State water

12 pollution law, except that no department, agency, or in13 strumentality of the executive, legislative, or judicial

14 branch of the Federal Government shall be subject to a

15 criminal sanction referred to in this subparagraph.’’; and

16 (H) in paragraph (7) (as designated by

17 subparagraph (D)), by striking ‘‘28 U.S.C.

18 1441 et seq.’’ and inserting ‘‘chapter 89 of title

19 28, United States Code’’.

20 (2) DEFINITION OF PERSON.—Section 502(5)

21 (33 U.S.C. 1362(5)) is amended by striking ‘‘or any

22 interstate body’’ and inserting ‘‘any interstate body,

23 or any department, agency, or instrumentality of the

24 United States’’.
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1 (3) CIVIL PENALTY.—Section 311(a)(7) (33

2 U.S.C. 1321(a)(7)) is amended by striking ‘‘and a

3 partnership’’ and inserting ‘‘partnership, or any de4 partment, agency or instrumentality of the United

5 States’’.

6 (4) COMPLIANCE ORDERS.—Section 309 (33

7 U.S.C. 1319) is amended by adding at the end the

8 following new subsection:

9 ‘‘(h) COMPLIANCE ORDERS FOR FEDERAL FACILITY

10 ENFORCEMENT.—

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) AUTHORIZATION.—If on the basis of

13 any information available—

14 ‘‘(i) to the Administrator, the Admin15 istrator determines that any department,

16 agency, or instrumentality of the United

17 States has violated or is in violation of sec18 tion 301, 302, 306, 307, 308, 311, 318, or

19 405, or has violated or is in violation of

20 any permit condition or limitation imple21 menting any of such sections in a permit

22 issued under section 402 by the Adminis23 trator or by a State, or in a permit issued

24 under section 404 by a State, or any re25 quirement imposed under a pretreatment
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1 program approved under subsection (a)(3)

2 or (b)(8) of section 402;

3 ‘‘(ii) to the Secretary of the Army, the

4 Secretary of the Army determines that any

5 department, agency, or instrumentality of

6 the United States has violated or is in vio7 lation of any condition or limitation in a

8 permit issued under section 404; or

9 ‘‘(iii) to the Secretary of the Depart10 ment in which the Coast Guard is operat11 ing, the Secretary determines that any de12 partment, agency, or instrumentality of the

13 United States has violated section 311 or

14 any regulation implementing such section,

15 the Administrator or Secretary, as applicable,

16 may issue an order to assess a civil or adminis17 trative penalty for any past or current violation,

18 requiring compliance immediately or within a

19 specified time period, or both.

20 ‘‘(B) CONTENTS OF ORDER.—

21 ‘‘(i) IN GENERAL.—Any order issued

22 pursuant to this subsection—

23 ‘‘(I) by the Administrator, may

24 include a suspension or revocation of

25 any permit issued by the Adminis-
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•S 1114 IS

1 trator or a State under section 402 or

2 404;

3 ‘‘(II) by the Secretary of the

4 Army, may include a suspension or

5 revocation of any permit issued by the

6 Secretary of the Army or a State

7 under section 404; and

8 ‘‘(III) shall state with reasonable

9 specificity the nature of the violation.

10 ‘‘(ii) MAXIMUM PENALTY AMOUNT.—

11 Any penalty assessed in an order issued

12 pursuant to this subsection may not exceed

13 $25,000 per day for each violation.

14 ‘‘(2) PUBLIC HEARING.—

15 ‘‘(A) IN GENERAL.—Any order issued pur16 suant to this subsection shall become final un17 less, not later than 30 days after the order is

18 served, the Federal department, agency, or in19 strumentality of the United States named in

20 the order requests a public hearing. If the re21 quest is made, the Administrator or Secretary,

22 as applicable, shall promptly conduct a public

23 hearing.

24 ‘‘(B) SUBPOENAS AND DISCOVERY.—In

25 connection with any proceeding under this sub-
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•S 1114 IS

1 section, the Administrator or the Secretary

2 may—

3 ‘‘(i) issue a subpoena for the attend4 ance and testimony of a witness or the

5 production of a relevant paper, book, or

6 document; and

7 ‘‘(ii) promulgate rules for discovery

8 procedures.

9 ‘‘(3) VIOLATION OF ORDERS.—If a violator fails

10 to take corrective action within the period specified

11 in an order issued under this subsection—

12 ‘‘(A) the Administrator or Secretary, as

13 applicable, may assess a civil penalty of not

14 more than $25,000 for each day of continued

15 noncompliance with the order; and

16 ‘‘(B)(i) the Administrator may suspend or

17 revoke the permit issued pursuant to section

18 402 or 404 that is the subject of the order,

19 without regard to whether the permit is issued

20 by the Administrator or a State; and

21 ‘‘(ii) the Secretary of the Army may sus22 pend or revoke the permit issued pursuant to

23 section 404, without regard to whether the per24 mit is issued by the Secretary of the Army or

25 a State.
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1 ‘‘(4) DETERMINING AMOUNT OF PENALTY.—In

2 determining the amount of any penalty assessed

3 under this subsection, the Administrator or Sec4 retary, as applicable, shall consider—

5 ‘‘(A) the seriousness of each violation;

6 ‘‘(B) the economic benefit or savings (if

7 any) to the violator resulting from each viola8 tion;

9 ‘‘(C) any history of the violations;

10 ‘‘(D) any good-faith efforts to avoid non11 compliance or to comply with applicable require12 ments;

13 ‘‘(E) failure, prior to the violation, to es14 tablish and implement a program or other orga15 nized effort to achieve and maintain compliance

16 with environmental laws (including regulations);

17 and

18 ‘‘(F) such other matters in mitigation and

19 aggravation as justice may require.’’.

20 (d) EMERGENCY POWERS.—Section 504 (33 U.S.C.

21 1364) is amended—

22 (1) in subsection (a)—

23 (A) by inserting after ‘‘(a)’’ the following

24 new subsection heading: ‘‘IN GENERAL.—’’;
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•S 1114 IS

1 (B) by striking ‘‘is presenting’’ and insert2 ing ‘‘may present’’;

3 (C) by inserting ‘‘, whether actual or

4 threatened,’’ after ‘‘substantial endangerment’’;

5 and

6 (D) by striking ‘‘may bring suit’’ and in7 serting the following: ‘‘or to the environment,

8 the Administrator may—

9 ‘‘(1) issue such orders, or take such action, as

10 may be necessary to protect public health or welfare

11 or the environment; and

12 ‘‘(2) bring suit on behalf of the United States

13 in a district court of the United States of appro14 priate jurisdiction against any person who causes or

15 contributes to the alleged pollution or threat of pol16 lution to—

17 ‘‘(A) immediately restrain the person from

18 discharging or threatening to discharge each

19 pollutant causing or contributing to the pollu20 tion;

21 ‘‘(B) order the person to take such other

22 action as may be necessary; or

23 ‘‘(C) take action under both subparagraphs

24 (A) and (B).’’; and
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•S 1114 IS

1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) ADDITIONAL ACTION.—The Administrator may

4 take additional action under this section, including issuing

5 such orders as may be necessary to protect public health

6 or welfare or the environment.’’.

7 (e) ADMINISTRATIVE AMENDMENTS.—

8 (1) REQUIREMENT FOR CONSULTATION ON AD9 MINISTRATIVE ORDERS.—Section 309(g) (33 U.S.C.

10 1319(g)), as amended by section 501(b) and sub11 sections (b)(4)(A) and (b)(6)(A), is further amend12 ed—

13 (A) by redesignating paragraph (14) as

14 paragraph (15); and

15 (B) by inserting after paragraph (13) the

16 following new paragraph:

17 ‘‘(14) CONSULTATION.—The failure of the Ad18 ministrator to consult with a State concerning a vio19 lation of an order pursuant to paragraph (1) may

20 not constitute a defense in any action to assess a

21 civil penalty under this subsection and may not in22 validate the assessment of any penalty under this

23 subsection.’’.
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•S 1114 IS

1 (2) EFFECT OF STATE ENFORCEMENT AC2 TIONS.—Section 309(g)(6)(A) (33 U.S.C.

3 1319(g)(6)(A)) is amended—

4 (A) in clause (i), by adding ‘‘or’’ at the

5 end;

6 (B) by striking clause (ii);

7 (C) by redesignating clause (iii) as clause

8 (ii); and

9 (D) in clause (ii) (as so redesignated)—

10 (i) by striking ‘‘, the Secretary, or the

11 State’’ and inserting ‘‘or the Secretary’’;

12 and

13 (ii) by striking ‘‘or such comparable

14 State law, as the case may be,’’.

15 (3) SINGLE OPERATIONAL UPSETS.—

16 (A) CRIMINAL PENALTIES.—Section

17 309(c) (33 U.S.C. 1319(c)), as amended by

18 subsection (b)(1)(C), is further amended—

19 (i) by striking paragraph (5); and

20 (ii) by redesignating paragraphs (6),

21 (7), and (8) as paragraphs (5), (6), and

22 (7), respectively.

23 (B) CIVIL PENALTIES.—Paragraph (1) of

24 section 309(d) (33 U.S.C. 1319(d)), as des25 ignated by subsection (b)(1)(A)(i), is amended
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•S 1114 IS

1 by striking ‘‘For purposes of this subsection, a

2 single operational upset which leads to simulta3 neous violations of more than one pollutant pa4 rameter shall be treated as a single violation.’’.

5 (C) ADMINISTRATIVE PENALTIES.—Section

6 309(g)(3) (33 U.S.C. 1319(g)(3)) is amended

7 by striking ‘‘For purposes of this subsection, a

8 single operational upset which leads to simulta9 neous violations of more than one pollutant pa10 rameter shall be treated as a single violation.’’.

11 (4) OBTAINING INFORMATION.—

12 (A) IN GENERAL.—Subsection (a) of sec13 tion 308 (33 U.S.C. 1318(a)) is amended to

14 read as follows:

15 ‘‘(a) IN GENERAL.—

16 ‘‘(1) DUTIES OF THE ADMINISTRATOR.—When17 ever the Administrator is required to carry out the

18 objective of this Act (as described in section 101(a)),

19 including—

20 ‘‘(A) developing or assisting in the develop21 ment of an effluent limitation, or other limita22 tion, prohibition, or effluent standard,

23 pretreatment standard, or standard of perform24 ance under this Act;
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•S 1114 IS

1 ‘‘(B) determining whether any person is in

2 violation of an effluent limitation, or other limi3 tation, prohibition, effluent standard,

4 pretreatment standard, or standard of perform5 ance, or is causing or contributing to the

6 exceedance of a water quality standard, under

7 this Act;

8 ‘‘(C) a requirement established under this

9 section; or

10 ‘‘(D) carrying out sections 305, 311, 402,

11 404 (relating to State permit programs), 405,

12 and 504,

13 the Administrator may require a person subject to a

14 requirement of this Act to meet the requirements of

15 paragraph (2) relating to the provision of informa16 tion to the Administrator if the Administrator deter17 mines that the information is relevant to the imple18 mentation of this Act.

19 ‘‘(2) REQUIREMENTS.—In each case described

20 in paragraph (1), the Administrator may require a

21 person subject to a requirement of this Act to—

22 ‘‘(A) establish and maintain such records;

23 ‘‘(B) make such reports;
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•S 1114 IS

1 ‘‘(C) install, use, and maintain such mon2 itoring equipment or methods (including, if ap3 propriate, biological monitoring methods);

4 ‘‘(D) sample such effluents and affected

5 receiving waters (in accordance with such meth6 ods, at such locations, at such intervals, and in

7 such manner as the Administrator shall pre8 scribe;

9 ‘‘(E) provide data necessary to support the

10 development of water quality criteria for a pol11 lutant present in the discharge of the owner or

12 operator; and

13 ‘‘(F) provide such other information,

14 as the Administrator may reasonably require.

15 ‘‘(3) INSPECTION.—The Administrator or an

16 authorized representative of the Administrator (in17 cluding an authorized contractor acting as a rep18 resentative of the Administrator) on presentation of

19 the credentials of the Administrator or representa20 tive—

21 ‘‘(A) shall have a right of entry to, upon,

22 or through any premises in which an effluent

23 source is located or in which any records re24 quired to be maintained under paragraph (2)

25 are located; and
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•S 1114 IS

1 ‘‘(B) may at reasonable times have access

2 to and copy any records, inspect any monitoring

3 equipment or method required under paragraph

4 (2), and sample any effluents that the owner or

5 operator of the source is required to sample

6 under such paragraph.’’.

7 (B) TECHNICAL AMENDMENTS.—Section

8 308 (33 U.S.C. 1318) is amended—

9 (i) in subsection (b), by inserting

10 ‘‘RECORDS; REPORTS; INFORMATION.—’’

11 after ‘‘(b)’’; and

12 (ii) in subsection (c), by inserting

13 ‘‘PROCEDURES.—’’ after ‘‘(c)’’.

14 (5) SUBPOENAS.—The first sentence of section

15 509(a)(1) (33 U.S.C. 1369(a)(1)) is amended by in16 serting ‘‘or any enforcement activity under this Act’’

17 after ‘‘section 507(e) of this Act’’.

18 (f) TECHNICAL AMENDMENT.—Section 309(g)(2)

19 (33 U.S.C. 1319(g)(2)) is amended—

20 (1) in subparagraph (A), by inserting ‘‘day for

21 each’’ after ‘‘exceed $10,000 per’’; and

22 (2) in the first sentence of subparagraph (B),

23 by striking ‘‘for each day during which the violation

24 continues’’ and inserting ‘‘for each violation’’.
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1 TITLE VI—PROGRAM

2 MANAGEMENT

3 SEC. 601. TECHNOLOGY DEVELOPMENT.

4 Section 105 (33 U.S.C. 1255) is amended to read as

5 follows:

6 ‘‘SEC. 105. TECHNOLOGY DEVELOPMENT.

7 ‘‘(a) IN GENERAL.—The Administrator shall estab8 lish a program to develop and demonstrate practices,

9 methods, technologies, or processes that may be effective

10 in the prevention and control of sources or potential

11 sources of water pollution.

12 ‘‘(b) GRANT ASSISTANCE.—

13 ‘‘(1) IN GENERAL.—The Administrator may

14 provide grants to public agencies and authorities and

15 nonprofit organizations and institutions, and enter

16 into cooperative agreements or contracts with other

17 persons, to develop or demonstrate water pollution

18 prevention and control practices, methods, tech19 nologies, or processes.

20 ‘‘(2) REQUIREMENTS FOR DEMONSTRATION

21 PROJECTS.—The Administrator may provide assist22 ance for a demonstration project under this sub23 section only if—

24 ‘‘(A) the demonstration project will serve

25 to demonstrate a new or significantly improved
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•S 1114 IS

1 practice, method, technology, or process, or the

2 feasibility and cost effectiveness of a practice,

3 method, technology, or process that exists at

4 the time of the demonstration, but is unproven;

5 ‘‘(B) the demonstration project will not du6 plicate any other Federal, State, local, or com7 mercial effort to demonstrate the practice,

8 method, technology, or process;

9 ‘‘(C) the demonstration project meets the

10 requirements of this section and serves the pur11 poses of this Act;

12 ‘‘(D) the demonstration of the practice,

13 technology, or process will comply with all other

14 laws (including regulations) for the protection

15 of human health and welfare and the environ16 ment; and

17 ‘‘(E)(i) in the case of a contract or cooper18 ative agreement, the practice, method, tech19 nology, or process would not be adequately

20 demonstrated by State, local, or private per21 sons; or

22 ‘‘(ii) in the case of an application for fi23 nancial assistance by a grant, the practice,

24 method, technology, or process is not likely to
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•S 1114 IS

1 receive adequate financial assistance from other

2 sources.

3 ‘‘(3) REQUIREMENTS FOR DEMONSTRATION

4 PROGRAM.—The demonstration program established

5 under this subsection shall include—

6 ‘‘(A) solicitations for demonstration

7 projects by the Administrator;

8 ‘‘(B) the selection of suitable demonstra9 tion projects from among proposed demonstra10 tion projects;

11 ‘‘(C) the supervision of the demonstration

12 projects;

13 ‘‘(D) the evaluation of the results of the

14 demonstration projects; and

15 ‘‘(E) the dissemination of information con16 cerning the effectiveness and feasibility of the

17 practices, methods, technologies, and processes

18 that are proven to be effective under the dem19 onstration projects.

20 ‘‘(4) SOLICITATIONS.—

21 ‘‘(A) IN GENERAL.—Not later than 1 year

22 after the date of enactment of this paragraph,

23 and not less frequently than annually there24 after, the Administrator shall publish a solicita25 tion notice for proposals to demonstrate, by
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•S 1114 IS

1 prototype or at full-scale, practices, methods,

2 technologies, and processes that are (or may be)

3 effective in controlling sources or potential

4 sources of water pollution.

5 ‘‘(B) CONTENTS OF SOLICITATION NO6 TICE.—The solicitation notice shall prescribe

7 the information to be included in the proposal,

8 including technical and economic information

9 derived from the research and development ef10 forts of the applicant, and other information

11 sufficient to allow the Administrator to assess

12 the potential effectiveness and feasibility of the

13 practice, method, technology, or process that is

14 the subject of the demonstration project.

15 ‘‘(5) APPLICATION.—Any person may submit

16 an application to the Administrator in response to a

17 solicitation under paragraph (4). The application

18 shall contain a proposed demonstration plan setting

19 forth how and when the project is to be carried out

20 and such other information as the Administrator

21 may require.

22 ‘‘(6) SELECTION OF DEMONSTRATION

23 PROJECTS.—In selecting practices, methods, tech24 nologies, and processes to be demonstrated, the Ad-
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•S 1114 IS

1 ministrator shall evaluate each project according to

2 the following criteria:

3 ‘‘(A) The potential for the proposed prac4 tice, method, technology, or process to effec5 tively control sources or potential sources of

6 pollutants that present risks to human health.

7 ‘‘(B) The potential for the practice, meth8 od, technology, or process to contribute to the

9 advancement of pollution control with respect to

10 an industry for which an effluent guideline is

11 published pursuant to section 304.

12 ‘‘(C) The potential for the practice, meth13 od, technology, or process to effectively prevent

14 the discharge of pollutants that present risks to

15 human health and the environment.

16 ‘‘(D) The potential for the practice, meth17 od, technology, or process to contribute to the

18 advancement of the treatment of sewage or the

19 management of sewage sludge.

20 ‘‘(E) The potential for the practice, meth21 od, technology, or process to contribute to re22 ductions of pollution associated with nonpoint

23 sources of pollution.
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•S 1114 IS

1 ‘‘(F) The capability of the applicant to

2 successfully complete the demonstration project

3 as described in the application.

4 ‘‘(G) The likelihood that the demonstrated

5 practice, method, technology, or process could

6 be applied in other locations and under other

7 circumstances to control sources or potential

8 sources of pollutants (taking into consideration

9 the cost, effectiveness, and technological fea10 sibility of the practice).

11 ‘‘(H) The extent of financial support from

12 the applicant to accomplish the demonstration

13 as described in the application.

14 ‘‘(I) The capability of the applicant to dis15 seminate the results of the demonstration or

16 otherwise make the benefits of the practice,

17 method, technology, or process widely available

18 to the public in a timely manner.

19 ‘‘(7) APPROVAL OF APPLICATIONS.—The Ad20 ministrator shall approve or disapprove an applica21 tion for a project under this subsection in an expedi22 tious manner. In the case of a disapproval of an ap23 plication for a project, the Administrator shall notify

24 the applicant of the reasons for the disapproval.
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•S 1114 IS

1 ‘‘(8) AGREEMENT.—Each applicant selected to

2 conduct a demonstration project under this sub3 section shall be required, as a condition of receiving

4 funds made available pursuant to this subsection, to

5 enter into an agreement with the Administrator to

6 provide for monitoring, testing procedures, quality

7 control, and such other measurements necessary to

8 evaluate the results of demonstration projects or fa9 cilities intended to control sources or potential

10 sources of contaminants.

11 ‘‘(9) FEDERAL SHARE.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 subparagraph (B), the Federal share for a dem14 onstration project under this section shall not

15 exceed 75 percent of the total cost of the

16 project.

17 ‘‘(B) CERTAIN BASIC RESEARCH.—In any

18 case in which the Administrator determines

19 that a research project under this subsection is

20 basic research that would not otherwise be un21 dertaken, the Administrator may award a grant

22 for the research project under this subsection

23 with respect to which the Federal share may

24 equal 100 percent of the total cost of the

25 project.
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•S 1114 IS

1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to the Environmental

3 Protection Agency to carry out this section $20,000,000

4 for each of fiscal years 1994 through 2000.’’.

5 SEC. 602. STATE CERTIFICATION.

6 The first sentence of section 401(a)(1) (33 U.S.C.

7 1341(a)(1)) is amended by inserting before the period the

8 following: ‘‘and that any such activity will comply with

9 water quality standards adopted under section 303 and

10 allow for the protection, attainment, and maintenance of

11 designated uses included in the standards’’.

12 SEC. 603. REPORTS TO CONGRESS.

13 (a) CLEAN WATER REPORT.—Subsections (a)

14 through (c) of section 516 (33 U.S.C. 1375 (a) through

15 (c), respectively) are amended to read as follows:

16 ‘‘(a) CLEAN WATER REPORT.—

17 ‘‘(1) IN GENERAL.—On January 1 of the year

18 following the date of enactment of subparagraph

19 (A), and every 2 years thereafter, the Administrator

20 shall submit to Congress a report on measures taken

21 toward the implementation of the goals and objec22 tives of this Act, including—

23 ‘‘(A) a summary of the results achieved in

24 the field of water pollution control research,
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•S 1114 IS

1 demonstrations, experiments, studies, and relat2 ed matters;

3 ‘‘(B) a summary of the status of tech4 nology-based water pollution controls;

5 ‘‘(C) a summary of the development of pol6 lutant criteria documents and the adoption of

7 water quality and sediment quality standards;

8 ‘‘(D) an assessment of progress in the de9 velopment of effluent limitations pursuant to

10 sections 301, 304, 306, and 307;

11 ‘‘(E) a description of State nonpoint

12 source pollution control programs;

13 ‘‘(F) an assessment of the progress in the

14 identification of and development of programs

15 for water quality problem areas, including—

16 ‘‘(i) the national estuary program es17 tablished under section 320;

18 ‘‘(ii) the Great Lakes program estab19 lished under section 118;

20 ‘‘(iii) the Chesapeake Bay program es21 tablished under section 117;

22 ‘‘(iv) other programs that the Admin23 istrator considers appropriate; and
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•S 1114 IS

1 ‘‘(v) other estuaries and rivers for

2 which management conferences are being

3 conducted;

4 ‘‘(G) a description of alternative require5 ments for effluent discharges established under

6 section 301 or 307 (including any alternative

7 requirement established under section 301(b)(2)

8 or 307(b) on the basis of fundamentally dif9 ferent factors (as described in section 301(d));

10 ‘‘(H) a description of activities relating to

11 wastewater treatment operator training and

12 certification;

13 ‘‘(I)(i) an identification and assessment of

14 noncompliance with the enforceable require15 ments of this Act (including an assessment of

16 noncompliance by Federal facilities); and

17 ‘‘(ii) a description of all enforcement ac18 tions pending or completed under this Act dur19 ing the 2-year period immediately preceding the

20 date of the report; and

21 ‘‘(J) recommendations concerning improve22 ments to the water quality programs authorized

23 by this Act.

24 ‘‘(2) CONSULTATION BY ADMINISTRATOR.—The

25 Administrator shall consult with the heads of State
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•S 1114 IS

1 agencies in the development of the report required

2 under this subsection.

3 ‘‘(b) WATER QUALITY INFRASTRUCTURE NEEDS AS4 SESSMENT.—

5 ‘‘(1) IN GENERAL.—The Administrator shall

6 conduct a comprehensive assessment of the cost of

7 construction of public facilities needed to accomplish

8 the water quality goals of this Act.

9 ‘‘(2) CONTENTS OF ASSESSMENT.—The assess10 ment under this subsection shall, at a minimum, de11 scribe—

12 ‘‘(A) on a national basis, and for each

13 State, the cost of construction for the rehabili14 tation, replacement, and upgrading of publicly

15 owned treatment works in existence during the

16 calendar year that is 2 years before the date of

17 the report, including an estimate of the portion

18 of the costs associated with meeting the en19 forceable requirements of this Act;

20 ‘‘(B) on a national basis, and for each

21 State the cost of construction of expanded or

22 new publicly owned treatment works, including

23 an estimate of the portion of the costs associ24 ated with meeting the requirements of this Act;
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•S 1114 IS

1 ‘‘(C) the cost of implementing plans for

2 the elimination of combined stormwater and

3 sanitary sewer overflows developed pursuant to

4 section 406, including any additional treatment

5 needed to ensure compliance with water quality

6 standards;

7 ‘‘(D) the portion of the costs described in

8 subparagraphs (A), (B), and (C) associated

9 with treatment works serving fewer than 2,500

10 individuals;

11 ‘‘(E) the cost to Federal, State, and local

12 governments and agricultural producers of the

13 construction of measures to control nonpoint

14 sources of pollution implemented in accordance

15 with programs developed pursuant to section

16 319;

17 ‘‘(F) the cost of construction of measures

18 and facilities required to comply with permits

19 for the control of municipal discharges of

20 stormwater;

21 ‘‘(G) the cost of implementation of con22 servation and management plans approved pur23 suant to section 320(f);
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•S 1114 IS

1 ‘‘(H) the cost of implementation of

2 Lakewide Management Plans and Remedial Ac3 tion Plans developed pursuant to section 118;

4 ‘‘(I) the cost of implementation of clean

5 lakes projects pursuant to section 314; and

6 ‘‘(J) the cost of implementation of water7 shed management plans approved by the Ad8 ministrator pursuant to section 321.

9 ‘‘(3) SUBMISSION OF ASSESSMENT.—Not later

10 than 4 years after the date of enactment of this

11 paragraph, and every 4 years thereafter, the Admin12 istrator shall submit the assessment required under

13 this subsection to Congress.

14 ‘‘(c) RESERVED.’’.

15 (b) ELIMINATION OF OTHER REPORTS.—

16 (1) DEVICES FOR FLOW REDUCTION.—Section

17 104(a)(5) (33 U.S.C. 1254(a)(5)) is amended by

18 striking ‘‘, and shall report on such quality in the

19 report required under subsection (a) of section 516’’.

20 (2) CHESAPEAKE BAY.—Section 117 (33

21 U.S.C. 1267) is amended—

22 (A) by striking subsection (c); and

23 (B) by redesignating subsection (d) as sub24 section (c).
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•S 1114 IS

1 (3) GREAT LAKES.—Section 118(c) (33 U.S.C.

2 1268(c)) is amended—

3 (A) by striking paragraph (10); and

4 (B) by redesignating paragraph (11) as

5 paragraph (10).

6 (4) OPERATION OF PUBLICLY OWNED TREAT7 MENT WORKS.—Title II (33 U.S.C. 1281 et seq.) is

8 amended by striking section 210 and inserting ‘‘Sec9 tion 210. RESERVED.’’.

10 (5) ALTERNATIVE DISCHARGE REQUIRE11 MENTS.—Section 301(n) (33 U.S.C. 1311(n)) is

12 amended by striking paragraph (8).

13 (6) CONDITION OF LAKES.—Section 314 (33

14 U.S.C. 1324) is amended—

15 (A) in subsection (a)—

16 (i) by striking paragraph (3); and

17 (ii) by redesignating paragraph (4) as

18 paragraph (3); and

19 (B) in subsection (b)—

20 (i) by striking paragraph (3); and

21 (ii) by redesignating paragraph (4) as

22 paragraph (3).

23 (7) STATUS OF NONPOINT PROGRAMS.—Section

24 319(m) (33 U.S.C. 1329(m)) is amended by striking

25 ‘‘(m) REPORTS OF ADMINISTRATOR.—’’ and all that
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1 follows through ‘‘(2) FINAL REPORT.—Not later

2 than’’ and inserting the following:

3 ‘‘(m) FINAL REPORT OF THE ADMINISTRATOR.—Not

4 later than’’.

5 (8) ESTUARINE RESEARCH AND MONITORING.—

6 Section 320(j) (33 U.S.C. 1330(j)) is amended—

7 (A) by striking paragraph (2);

8 (B) by striking ‘‘(j) RESEARCH.—’’ and all

9 that follows through ‘‘In order to’’ and insert10 ing the following:

11 ‘‘(j) RESEARCH.—In order to’’;

12 (C) by striking ‘‘(A) a long-term program’’

13 and inserting the following:

14 ‘‘(1) a long-term program’’;

15 (D) by striking subparagraph (B) and in16 serting the following new paragraph:

17 ‘‘(2) a program of ecosystem assessment assist18 ing in the development of—

19 ‘‘(A) baseline studies that determine the

20 state of estuarine zones and the effects of natu21 ral and anthropogenic changes; and

22 ‘‘(B) predictive models capable of translat23 ing information on specific discharges or gen24 eral pollutant loadings within estuarine zones

25 into a set of probable effects on the zones;’’;
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1 (E) by striking ‘‘(C) a comprehensive’’ and

2 inserting the following:

3 ‘‘(3) a comprehensive’’; and

4 (F) by striking ‘‘(D) a program’’ and in5 serting the following:

6 ‘‘(4) a program’’.

7 (9) FEDERAL PROCUREMENT.—Section 508 (33

8 U.S.C. 1368) is amended by striking subsection (e).

9 SEC. 604. DEFINITIONS.

10 (a) DEFINITION OF POINT SOURCE.—Section

11 502(14) (33 U.S.C. 1362(14)) is amended by adding at

12 the end the following new sentence: ‘‘The term shall in13 clude a landfill leachate collection system.’’.

14 (b) CONFORMING AMENDMENT.—Section 507 of the

15 Water Quality Act of 1987 (33 U.S.C. 1362 note) is re16 pealed.

17 SEC. 605. INDIAN PROGRAMS.

18 (a) SEWAGE TREATMENT.—Section 518(c) (33

19 U.S.C. 1377(c)) is amended—

20 (1) by striking ‘‘one-half of one percent of the

21 sums appropriated under section 207’’ and inserting

22 ‘‘1 percent of the sums appropriated under section

23 607’’; and

24 (2) by adding at the end the following new sen25 tence: ‘‘The Administrator shall provide the funds
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1 reserved under this subsection directly to Indian

2 tribes and may make a grant in an amount not to

3 exceed 100 percent of the cost of a project that is

4 the subject of the grant. In making a grant under

5 this subsection, the Administrator shall give priority

6 to projects that address the most significant public

7 health and environmental pollution problems, as de8 termined by a needs assessment conducted under

9 paragraph (2).’’.

10 (b) NONPOINT POLLUTION CONTROL.—Section

11 518(f) (33 U.S.C. 1377(f)) is amended—

12 (1) in the second sentence, by striking ‘‘one13 third’’ and inserting ‘‘one-half’’;

14 (2) in the third sentence, by striking ‘‘(d)’’ and

15 inserting ‘‘(e)’’; and

16 (3) by adding at the end the following new sen17 tence: ‘‘Notwithstanding section 319(h)(3), the Ad18 ministrator may make a grant under this subsection

19 in an amount not to exceed 100 percent of the cost

20 of the project that is the subject of the grant.’’.

21 (c) REVOLVING LOAN FUNDS.—Section 603(c)(1)

22 (33 U.S.C. 1383(c)(1)), as amended by section 101(a)(2),

23 is further amended by inserting ‘‘Indian tribe,’’ after

24 ‘‘State agency’’.
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1 SEC. 606. CLEAN WATER EDUCATION.

2 (a) IN GENERAL.—Title V (33 U.S.C. 1361 et seq.)

3 is amended—

4 (1) by redesignating section 519 as section 520;

5 and

6 (2) by inserting after section 518 the following

7 new section:

8 ‘‘SEC. 519. CLEAN WATER EDUCATION.

9 ‘‘(a) AUTHORITY.—

10 ‘‘(1) IN GENERAL.—The Administrator shall es11 tablish a national program of education and infor12 mation to increase public awareness concerning

13 water quality.

14 ‘‘(2) EMPLOYEES TO IMPLEMENT PROGRAM.—

15 The Administrator shall ensure that for each fiscal

16 year, not fewer than—

17 ‘‘(A) 5 full-time equivalent employees are

18 assigned on a full-time basis to carry out this

19 section; and

20 ‘‘(B) 1 full-time equivalent employee is as21 signed on a full-time basis to carry out this sec22 tion in each regional office.

23 ‘‘(b) VOLUNTEER PROGRAMS.—

24 ‘‘(1) IN GENERAL.—The Administrator, in co25 operation with the States, shall foster and provide

26 guidance for volunteer citizen programs for the as-
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1 sessment, oversight, and protection of individual

2 waterbodies.

3 ‘‘(2) HANDBOOK.—Not later than 2 years after

4 date of enactment of this subsection, the Adminis5 trator shall publish a handbook and other related in6 formational materials with respect to the organiza7 tion, management, functions, and activities of volun8 teer citizen programs under this subsection.

9 ‘‘(3) VOLUNTEER CITIZEN PROGRAMS.—Not

10 later than 3 years after the date of enactment of

11 this subsection, and biennially thereafter, each State

12 shall provide to the Administrator a list of volunteer

13 citizen programs and the waterbody served by each

14 program included in the list. Not later than 180

15 days after receiving the State lists required to be

16 submitted pursuant to this paragraph, the Adminis17 trator shall publish a national list of volunteer citi18 zen programs that includes the information in the

19 State lists.

20 ‘‘(4) FEDERAL ENFORCEMENT.—In the case of

21 any action taken pursuant to subsection (c) or (d)

22 of section 309, an appropriate Federal official shall

23 advise the court of any volunteer citizen program

24 listed pursuant to paragraph (3) for the waterbody

25 associated with the violation.
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1 ‘‘(c) AWARDS.—

2 ‘‘(1) IN GENERAL.—The Administrator shall

3 implement a program to provide official recognition

4 of the Federal Government to industrial organiza5 tions, political subdivisions of States, and volunteer

6 citizen programs that have demonstrated an out7 standing commitment to the prevention and control

8 of water pollution.

9 ‘‘(2) SELECTION BY REGIONAL ADMINISTRA10 TORS.—Each regional administrator of the Environ11 mental Protection Agency shall select not more than

12 3 industrial organizations, 3 political subdivisions,

13 and 3 volunteer citizen programs within the region

14 under the jurisdiction of the regional administrator

15 for an award under this subsection for each fiscal

16 year.

17 ‘‘(3) SELECTION BY ADMINISTRATOR.—The Ad18 ministrator shall select from the organizations, polit19 ical subdivisions, and volunteer programs that re20 ceive awards pursuant to paragraph (2) not more

21 than 3 industrial organizations, 3 political subdivi22 sions, and 3 volunteer programs to receive national

23 awards.

24 ‘‘(4) FORM OF AWARD.—The Administrator

25 shall award a certificate or plaque of suitable design
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1 to each industrial organization, political subdivision,

2 or volunteer program that receives an award under

3 this subsection.

4 ‘‘(5) NOTICE AND PUBLICATION.—The Presi5 dent, the Governor of the appropriate State, the

6 Speaker of the House of Representatives, and the

7 President pro tempore of the Senate shall be notified

8 of each award under this subsection by the Adminis9 trator, and the awarding of the recognition shall be

10 published in the Federal Register.’’.

11 (b) TECHNICAL CORRECTIONS.—

12 (1) Section 104(c) (33 U.S.C. 1254(c)) is

13 amended by striking ‘‘Health, Education, and Wel14 fare’’ and inserting ‘‘Health and Human Services’’.

15 (2) Section 501 (33 U.S.C. 1361) is amended—

16 (A) by striking subsection (e); and

17 (B) by redesignating subsection (f) as sub18 section (e).

19 SEC. 607. NATIONAL ESTUARY PROGRAM.

20 Section 320 (33 U.S.C. 1130) is amended—

21 (1) in subsection (g)(2), by inserting ‘‘and im22 plementation’’ after ‘‘development’’; and

23 (2) in subsection (i), by striking ‘‘1987, 1988,

24 1989, 1990, and 1991’’ and inserting ‘‘1987

25 through 2000’’.
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