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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1199 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1199

To amend the Federal Water Pollution Control Act to provide for coastal 
                  protection, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 1 (legislative day, June 30), 1993

Mr. Mitchell (for himself and Mr. Lautenberg) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Water Pollution Control Act to provide for coastal 
                  protection, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Coastal Protection 
Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Policy.
Sec. 4. Coastal environment toxics release assessment.
Sec. 5. National estuary program.
Sec. 6. Priority marine waters.
Sec. 7. National marine water quality education program.
Sec. 8. Marine sanitation devices.
Sec. 9. Marine water quality criteria and standards.
Sec. 10. Ocean discharge criteria.
Sec. 11. Combined sewer overflow control assistance.
Sec. 12. Definitions.
Sec. 13. Federal agency responsibilities.
Sec. 14. Reports and studies.
    (c) References to the Federal Water Pollution Control Act.--
Whenever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except to 
the extent otherwise specifically provided.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the marine and coastal waters of the United States have 
        substantial and direct importance to a large segment of the 
        population of the United States;
            (2) the marine and coastal waters, including estuaries, are 
        vital and productive natural ecosystems;
            (3) the marine and near coastal waters support commercial 
        and recreational fisheries with an annual value estimated at 
        over $12,000,000,000 per year;
            (4) the marine and coastal waters support extensive 
        recreational activities and related support services;
            (5) the maintenance and protection of the environmental 
        quality of the marine and coastal waters of the United States 
        is essential to the commercial and recreational activities the 
        waters support;
            (6) a report by the Office of Technology Assessment of 
        Congress found that the overall health of estuaries and coastal 
        waters is declining or threatened;
            (7) recent studies and reports provide evidence that many 
        areas of the marine environment have been degraded or are 
        threatened by sources of pollution, including industrial and 
        municipal waste disposal, urban and agricultural runoff, 
        inadequately controlled development, and habitat destruction;
            (8) studies by the National Oceanic and Atmospheric 
        Administration and the Environmental Protection Agency have 
        identified unexpectedly high levels of contaminants in a number 
        of coastal areas;
            (9) the National Estuary Program is successfully addressing 
        water pollution problems in high priority coastal areas and the 
        program should be expanded and strengthened;
            (10) there is a need to better identify impaired coastal 
        waters and to expand and improve programs for the control of 
        point and nonpoint sources of pollution to these waters;
            (11) ocean discharge criteria need to be used more 
        effectively in issuing permits for discharges to impaired 
        coastal waters;
            (12) discharges of sewage from vessels can impair coastal 
        waters, and controls over the discharges should be improved;
            (13) there is a need to expand and expedite the process of 
        developing water quality criteria that set enforceable water 
        quality standards for coastal waters; and
            (14) overflows from combined storm and sanitary sewers pose 
        a significant threat to water quality, and the Federal 
        Government should provide additional financial assistance to 
        communities seeking to correct overflow problems.

SEC. 3. POLICY.

    It is the policy of the United States to restore, maintain, and 
protect the integrity of the marine environment to ensure that the 
ecological, commercial, and recreational values of these resources are 
not impaired by pollution.

SEC. 4. COASTAL ENVIRONMENT TOXICS RELEASE ASSESSMENT.

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

``SEC. 321. COASTAL ENVIRONMENT TOXICS RELEASE STRATEGY.

    ``(a) Coastal Environment Toxics Release Strategy.--Not later than 
1 year after the date of enactment of this section, the Administrator 
shall prepare and submit to Congress a coastal environment toxics 
release strategy (referred to in this section as the `strategy'). The 
strategy shall include a plan developed by the Administrator for using 
the information from toxic chemical release forms and reports prepared 
pursuant to section 313 of the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11023) to improve programs of the 
Environmental Protection Agency concerning the coastal environment.
    ``(b) Assessment.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, and annually thereafter, the 
        Administrator shall prepare an assessment of the extent and 
        environmental effect of discharges by industrial categories 
        that discharge into marine waters, or to publicly owned 
        treatment works that discharge into marine waters (or both), 
        and that are required to report the discharges pursuant to the 
        requirements for reporting releases of toxic chemicals under 
        section 313 of the Emergency Planning and Community Right-To-
        Know Act of 1986 (42 U.S.C. 11023).
            ``(2) Identification of categories and areas.--The 
        assessment shall identify the relative contribution of 
        pollutants from industrial categories and the geographical 
        areas that receive the greatest quantities of the discharges.
            ``(3) Inclusion in reports.--The assessment prepared under 
        this subsection may be included in a report published pursuant 
        to section 313 of the Emergency Planning and Community Right-
        To-Know Act of 1986 (42 U.S.C. 11023).
    ``(c) Use of Information.--The Administrator shall use information 
in the assessment prepared under subsection (b) to--
            ``(1) verify information included in permits issued by the 
        Administrator or by a State authorized to issue permits under 
        section 402;
            ``(2) improve programs for the control of toxic pollutants;
            ``(3) identify other water quality programs (including 
        programs established pursuant to sections 301, 303, 304, 306, 
        and 307) and adopt measures to ensure that data concerning the 
        discharge of toxic pollutants is incorporated into the 
        programs;
            ``(4) identify pollutants for which water quality criteria 
        have not been published; and
            ``(5) target compliance and enforcement actions.''.

SEC. 5. NATIONAL ESTUARY PROGRAM.

    (a) Authorization of Appropriations.--Section 320(i) (33 U.S.C. 
1330(i)) is amended--
            (1) by striking ``, and 1991'' and inserting ``1991, 1992, 
        and 1993 and $25,000,000 for each of fiscal years 1994 through 
        2000''; and
            (2) by striking the last sentence.
    (b) Priority Marine Waters.--Section 320(a)(2)(A) (33 U.S.C. 
1330(a)(2)(A)) is amended by adding at the end the following new 
sentence: ``Beginning on the date that is 1 year after the date of 
enactment of this sentence, the Administrator may not convene a 
management conference pursuant to this section for any estuary that is 
not listed as a priority marine water under section 304(n).''.
    (c) Financial Plan.--Section 320(b)(5) (33 U.S.C. 1330(b)(5)) is 
amended by inserting before the semicolon the following: ``, including 
a detailed financial plan indicating the anticipated Federal, State, 
and local funds needed to implement identified corrective actions''.
    (d) Research.--Subsection (j) of section 320 (33 U.S.C. 1330(j)) is 
amended to read as follows:
    ``(j) Research.--
            ``(1) Research program.--The Administrator shall implement 
        a coordinated program of research and monitoring to support the 
        assessment of each estuary for which a management conference is 
        convened pursuant to this section.
            ``(2) Content of program.--The research program implemented 
        under this subsection shall include--
                    ``(A) a comprehensive program of water and sediment 
                quality monitoring to determine--
                            ``(i) variations in pollutant 
                        concentrations, marine ecology, and other 
                        physical or biological environmental parameters 
                        that may affect the estuary; and
                            ``(ii) the potential and actual effects of 
                        alternative management strategies and measures;
                    ``(B) a program of ecosystem assessment to assist 
                in the development of--
                            ``(i) baseline studies to determine the 
                        biological conditions in the estuary and the 
                        effects of natural and anthropogenic changes; 
                        and
                            ``(ii) predictive models that are capable 
                        of translating information concerning specific 
                        discharges or general pollutant loadings within 
                        the estuary into a set of probable effects on 
                        biological conditions in the waters of the 
                        estuary;
                    ``(C) a program of research to identify the 
                movements of nutrients, sediments, and pollutants 
                through the estuary and the impact of nutrients, 
                sediments, and pollutants on water quality and 
                designated or potential uses of the waters of the 
                estuary; and
                    ``(D) a program of research to determine the water 
                quality and habitat requirements necessary for the 
                attainment and maintenance of designated uses and the 
                continued viability and enhancement of living 
                resources.
            ``(3) Cooperative activity.--In implementing the research 
        program under this subsection, the Administrator shall 
        cooperate with each affected management conference and State, 
        and the heads of appropriate Federal agencies, including the 
        Under Secretary and the Director of the United States Fish and 
        Wildlife Service.''.
    (e) Report to Congress.--Section 320 (33 U.S.C. 1330) is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Reports.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this paragraph, and biennially thereafter, the 
        Administrator shall submit to Congress a comprehensive report 
        concerning the activities authorized under this section. The 
        report shall include--
                    ``(A) a list of estuaries considered for action 
                pursuant to this section;
                    ``(B) a list and description of the estuaries 
                considered and selected for management conferences 
                pursuant to this section;
                    ``(C) an evaluation of the research, monitoring, 
                and pollution abatement measures implemented pursuant 
                to this section;
                    ``(D) an assessment and description of each 
                management conference in progress at the time of 
                submission of the report; and
                    ``(E) a report on the implementation of 
                conservation and management plans for the estuaries.
            ``(2) Priority marine waters.--The Administrator shall 
        include in each report prepared under this subsection--
                    ``(A) a list of the waters listed as priority 
                marine waters under section 304(n);
                    ``(B) a description of the measures taken to 
                restore the quality of the waters; and
                    ``(C) recommendations concerning additional 
                protective measures for priority marine waters.''.
    (f) Grants.--Section 320(g) (33 U.S.C. 1330(g)) is amended by 
striking paragraphs (2) through (3) and inserting the following new 
paragraphs:
            ``(2) Purposes.--A grant awarded under this section may be 
        used to--
                    ``(A) support an initial 5-year management 
                conference and the development of a conservation and 
                management plan under this section; and
                    ``(B) maintain the operation of the management 
                conference after receiving approval by the 
                Administrator of a conservation and management plan 
                pursuant to subsection (f), and oversee the 
                implementation of the conservation and management plan.
            ``(3) Development of conservation and management plans.--
                    ``(A) In general.--The Federal share of a grant 
                awarded under paragraph (2)(A) for a fiscal year shall 
                be--
                            ``(i) in an amount not to exceed 75 percent 
                        of the annual cost of the management conference 
                        referred to in paragraph (2)(A); and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the cost of the management 
                        conference shall be paid from non-Federal 
                        sources.
                    ``(B) Duration.--A person referred to in paragraph 
                (1) (including a State, interstate, or regional agency 
                or entity) may be awarded a grant under paragraph 
                (2)(A) for a period of not to exceed 5 fiscal years.
            ``(4) Grants to maintain operation of management 
        conference.--
                    ``(A) Prohibition.--If, in the judgment of the 
                Administrator, a person referred to in paragraph (1) 
                (including a State, interstate, or regional agency or 
                entity) has--
                            ``(i) not received approval by the 
                        Administrator for a conservation and management 
                        plan pursuant to subsection (f); or
                            ``(ii) failed substantially to implement a 
                        conservation and management plan that has been 
                        approved pursuant to subsection (f),
                the Administrator may not award a grant to the person 
                under paragraph (2)(B).
                    ``(B) Federal share.--The Federal share of a grant 
                awarded under paragraph (2)(B) for a fiscal year shall 
                be--
                            ``(i) in an amount not to exceed 50 percent 
                        of the annual costs of the management 
                        conference; and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the cost of the management 
                        conference shall be paid from non-Federal 
                        sources.
                    ``(C) Limitation.--The amount of a grant awarded 
                under paragraph (2)(B) for any fiscal year may not 
                exceed an amount equal to 30 percent of the average 
                annual amount of any grants received by the person 
                under paragraph (2)(A).
            ``(5) Report to the administrator.--Each person who 
        receives a grant under this subsection shall be required, as a 
        condition of receiving the grant, to submit a report to the 
        Administrator, not later than 18 months after receipt of the 
        grant award, describing the progress of the grant recipient in 
        carrying out the purposes of the grant.''.

SEC. 6. PRIORITY MARINE WATERS.

    Section 304 (33 U.S.C. 1314) is amended by adding at the end the 
following new subsection:
    ``(n) Priority Marine Waters.--
            ``(1) In general.--The Administrator shall, not later than 
        1 year after the date of enactment of this subsection, and 
        biennially thereafter, identify and list, pursuant to this 
        subsection, each marine water that--
                    ``(A) does not support the protection and 
                propagation of a balanced, indigenous population of 
                shellfish, fish, and wildlife, and allow for 
                recreational activities in and on the water; or
                    ``(B) in the judgment of the Administrator, is not 
                likely to have the capability of ensuring the future 
                protection of a balanced, indigenous population of 
                shellfish, fish, and wildlife and allow for 
                recreational activities in and on the water.
            ``(2) Selection.--In selecting a marine water pursuant to 
        paragraph (1), the Administrator shall consider--
                    ``(A) water quality impairment, including 
                information provided in the national toxic chemical 
                inventory established pursuant to section 313(j) of the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11023(j));
                    ``(B) the presence of toxic or other contaminants 
                in sediment and the potential for migration of the 
                contamination to water or aquatic organisms;
                    ``(C) the condition of aquatic life and related 
                habitat, including the presence of threatened or 
                endangered species;
                    ``(D) the likely effect of contaminants on human 
                health, aquatic life, and related habitat, recreational 
                and commercial opportunities, and marine ecological 
                values;
                    ``(E) the presence of floatables in the area that 
                adversely affect commercial and recreational 
                opportunities; and
                    ``(F) anticipated total increases in pollution 
                loadings and floatables in the area.
            ``(3) Public review.--In listing a marine water under 
        paragraph (1), the Administrator shall--
                    ``(A) provide for public review and comment; and
                    ``(B) consult with appropriate officials of States 
                and the Under Secretary throughout the listing process.
            ``(4) Duties of the administrator and states.--
                    ``(A) In general.--The Administrator (or a State 
                authorized to issue permits under section 402) shall, 
                with respect to waters that have been listed under this 
                subsection--
                            ``(i) implement the requirements of section 
                        403 when issuing or reissuing a permit for 
                        point source discharges to the waters; and
                            ``(ii) notwithstanding any exemption 
                        established pursuant to section 402(p), not 
                        later than 1 year after the listing of a water 
                        under this subsection, issue permits for 
                        industrial and municipal discharges of 
                        stormwater to the water in a manner consistent 
                        with section 402(p).
                    ``(B) Duties of the administrator.--The 
                Administrator shall, with respect to each water that 
                has been listed under this subsection--
                            ``(i) not later than 180 days after listing 
                        the water under this subsection, consider 
                        prohibiting the use of the water as a disposal 
                        site or restricting the use of any water 
                        designated pursuant to this section as a 
                        disposal site;
                            ``(ii) not later than 180 days after the 
                        listing, prohibit the discharge of sewage from 
                        vessels pursuant to section 312(f)(4);
                            ``(iii) in the case of a State that does 
                        not have an assessment or management program 
                        that has been approved by the Administrator 
                        under subsection (a) or (b) of section 319, 
                        conduct an assessment and develop and implement 
                        a management program for the watershed area of 
                        the listed water; and
                            ``(iv) require that each publicly owned 
                        treatment works that discharges to the listed 
                        water and that serves 1 or more significant 
                        industrial user, as defined by the 
                        Administrator, shall without regard to the 
                        volume of the discharges of or the population 
                        served by the treatment works, develop and 
                        enforce a program for the pretreatment of 
                        industrial wastes pursuant to section 307 as 
                        expeditiously as practicable.
                    ``(C) Duties of the state.--Each State shall review 
                water quality standards applicable to waters listed 
                under this subsection, and, not later that 3 years 
                after the listing, designate uses and adopt standards 
                for any pollutant for which the Administrator has 
                established criteria pursuant to section 304 if the 
                pollutant is present, or is reasonably likely to be 
                present, in the waters.
            ``(5) Recision of listing.--The Administrator may, after 
        consultation with appropriate State officials, and after 
        providing for public review and comment, rescind the listing of 
        a marine water under this subsection if the Administrator 
        determines that--
                    ``(A) the environmental quality of the water has 
                been restored;
                    ``(B) water quality standards adopted pursuant to 
                section 303 are attained and will be maintained; and
                    ``(C) the water will ensure the protection and 
                propagation of a balanced indigenous population of 
                fish, shellfish, and wildlife and will provide for 
                recreational activities in and on the water on a 
                continuing basis.''.

SEC. 7. NATIONAL MARINE WATER QUALITY EDUCATION PROGRAM.

    Title V (33 U.S.C. 1361 et seq.) is amended--
            (1) by redesignating section 519 as section 520; and
            (2) by inserting after section 518 the following new 
        section:

``SEC. 519. NATIONAL MARINE WATER QUALITY EDUCATION PROGRAM.

    ``(a) General Authority.--The Administrator shall establish a 
national program to provide information, education, and technical 
assistance to owners of marine land.
    ``(b) Identification.--Any owner of marine land may submit to the 
Administrator an application for participation in the education program 
established under this section. Each application submitted under this 
subsection shall contain basic information, including--
            ``(1) the location and size of the marine land;
            ``(2) the physical characteristics of the marine land;
            ``(3) known wildlife habitat or other significant natural 
        features or characteristics of the marine land; and
            ``(4) proof of ownership of the marine land.
    ``(c) Information and Education.--
            ``(1) In general.--The Administrator shall establish and 
        carry out an information and education program to provide 
        owners of marine land with informational and educational 
        materials concerning--
                    ``(A) land management and related practices to 
                prevent water pollution and protect habitat;
                    ``(B) activities and practices to protect and 
                foster the development of aquatic life and wildlife;
                    ``(C) measures to preserve and protect significant 
                natural features of land or significant natural 
                resources;
                    ``(D) the activities of Federal agencies (including 
                departments), State departments and agencies, and 
                political subdivisions of States to protect marine 
                waters, including activities under sections 303, 319, 
                320, 402, and 404; and
                    ``(E) the requirements of Federal law and the laws 
                of States concerning land management, discharges to 
                water, and other related activities.
            ``(2) Region-specific information.--The Administrator may, 
        as appropriate, adjust the information required pursuant to 
        this subsection to apply to land within a specific region of 
        the United States or a specific State.
    ``(d) State Participation.--At the request of a Governor of a 
State, the Administrator may delegate the operation of an information 
and education program that meets the requirements of subsection (c) to 
a State. The cost associated with activities carried out by the State 
pursuant to this section shall be eligible for funding under section 
106.
    ``(e) Marine Land Defined.--As used in this section, the term 
`marine land' means real property that borders on a marine water.''.

SEC. 8. MARINE SANITATION DEVICES.

    (a) Prohibition of Discharge to Designated Waters.--
            (1) In general.--Section 312(f)(3) (33 U.S.C. 1322(f)(3)) 
        is amended--
                    (A) by striking ``, except that'' and all that 
                follows through the end of the paragraph and inserting 
                a period; and
                    (B) by adding at the end the following new 
                sentence: ``The State and the Secretary of the 
                Department in which the Coast Guard is operating shall 
                enforce this paragraph.''.
            (2) Sewage.--Paragraph (4)(A) of section 312(f) (33 U.S.C. 
        1322(f)(4)(A)) is amended to read as follows:
    ``(4)(A) In the case of a water listed under section 304(n), not 
later than 18 months after the listing, the Administrator shall, by 
regulation, completely prohibit the discharge of sewage (whether 
treated or untreated) from a vessel into the listed water.''.
            (3) Unlawful acts.--Section 312(h) (33 U.S.C 1322(h)) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(5) for any person to discharge sewage (whether treated 
        or untreated) into a water designated pursuant to subsection 
        (f)(4); and
            ``(6) for any person to discharge sewage that has not been 
        treated by a marine sanitation device required under this 
        section.''.
            (4) Conforming amendment.--Section 301(a) (33 U.S.C. 
        1311(a)) is amended by inserting ``312,'' after ``307,''.
    (b) Civil Penalties.--Subsection (j) of section 312 (33 U.S.C 
1322(j)) is amended to read as follows:
    ``(j)(1) Any person who violates subsection (g) or (h) shall be 
liable for a civil penalty in an amount not to exceed $5,000 for each 
violation. Each violation shall constitute a separate offense.
    ``(2) No penalty shall be assessed under this subsection until the 
person charged has received notice of the violation and has had an 
opportunity for a hearing on the charge.
    ``(3) The following shall be considered in a determination of the 
amount of a penalty under this subsection:
            ``(A) The gravity of the violation.
            ``(B) Any previous violations of the person who is subject 
        to the penalty.
            ``(C) The demonstrated good faith of the person who is 
        subject to the penalty in attempting to achieve rapid 
        compliance after notification of the violation.''.
    (c) Enforcement.--Subsection (k) of section 312 (33 U.S.C 1322(k)) 
is amended to read as follows:
    ``(k)(1) The Secretary of the department in which the Coast Guard 
is operating (referred to in this subsection as the `Secretary') shall 
carry out the enforcement of this section. The head of another Federal 
agency may enter into an agreement with the Secretary to--
            ``(A) detail to the Secretary, with or without 
        reimbursement, law enforcement officers or personnel to assist 
        the Secretary in carrying out this section; and
            ``(B) provide facilities for use by the Secretary in 
        carrying out this section.
    ``(2) All amounts collected by the Secretary or an authorized 
representative of the Secretary under this section shall be deposited 
into a special fund of the Treasury of the United States to be known as 
the `Vessel Pollution Enforcement Fund'. The fund shall be available 
for appropriation to the Coast Guard to carry out the activities 
referred to in subsection (o).
    ``(3) Subject to the conditions described in paragraph (4), the 
Administrator may delegate to a State the enforcement of the 
prohibitions under paragraphs (4) through (6) of subsection (h).
    ``(4) The Secretary shall require a State that proposes to carry 
out the enforcement activities referred to in paragraph (3) to submit 
such documentation as the Secretary considers appropriate to establish 
that the State has established a State fund into which amounts equal to 
the amounts of penalties from enforcement actions carried out by the 
State under paragraph (3) shall be transferred for use by the State to 
carry out enforcement activities under paragraph (3).''.
    (d) Marine Sanitation Devices.--
            (1) Technology improvements.--Section 312(c)(1)(A) (33 
        U.S.C 1322(c)(1)(A)) is amended by adding at the end the 
        following new sentence: ``The standards and regulations 
        referred to in this subparagraph shall be reviewed and revised 
        to reflect improvements in technology relating to marine 
        sanitation devices not later than 3 years after the date of 
        enactment of this sentence, and every 7 years thereafter.''.
            (2) Review.--Section 312(c)(2) (33 U.S.C 1322(c)(2)) is 
        amended by adding at the end the following new sentences: 
        ``Except for a waiver for an individual vessel, the Secretary 
        of the department in which the Coast Guard is operating shall 
        review each waiver of a standard or regulation under this 
        section. If the Secretary considers that a revision of the 
        waiver would be appropriate to take into account technology 
        relating to marine sanitation devices, the Secretary shall 
        revise the waiver.''.
            (3) Deadline.--Section 312(b)(1) (33 U.S.C 1322(b)(1)) is 
        amended by inserting before the period at the end the 
        following: ``not later than 2 years after the date of 
        establishment or revision of the standards''.
    (e) Marine Sanitation Device Pumpout Stations.--
            (1) Financial assistance.--
                    (A) General authority for capitalization grants to 
                states.--Section 601(a) (33 U.S.C. 1381(a)) is 
                amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (4) for implementing 
                        a marine sanitation pumpout station plan 
                        approved pursuant to section 5603(c) of the 
                        Clean Vessel Act of 1992 (Public Law 102-587; 
                        33 U.S.C. 1322 note)''.
                    (B) Water pollution control revolving funds.--The 
                first sentence of section 603(c) (33 U.S.C. 1383(c)) is 
                amended--
                            (i) in paragraph (2), by striking ``and'' 
                        at the end; and
                            (ii) by inserting before the period at the 
                        end the following: ``, and (4) for implementing 
                        a marine sanitation pumpout station plan 
                        approved pursuant to section 5603(c) of the 
                        Clean Vessel Act of 1992 (Public Law 102-587; 
                        33 U.S.C. 1322 note)''.
    (f) Education.--Section 312 (33 U.S.C 1322), as amended by 
subsection (e), is further amended by adding at the end the following 
new subsection:
    ``(o) The Secretary of the department in which the Coast Guard is 
operating, in consultation with the Administrator, shall implement a 
comprehensive program of information and education to--
            ``(1) encourage compliance with the requirements of this 
        section; and
            ``(2) foster an increased understanding of the importance 
        of water quality and methods of preventing water pollution.''.
    (g) Definitions.--Section 312(a) (33 U.S.C 1322(a)) is amended--
            (1) in paragraph (1), by inserting ``applicable'' after 
        ``promulgation of'';
            (2) by striking the period at the end of paragraph (11) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(12) `pumpout station' has the same meaning as is 
        provided the term in section 5608(6) of the Clean Vessel Act of 
        1992 (Public Law 102-587; 33 U.S.C. 1322 note).''.

SEC. 9. MARINE WATER QUALITY CRITERIA AND STANDARDS.

    (a) Marine Water Quality Criteria.--Section 304(a) (33 U.S.C. 
1314(a)) is amended--
            (1) in paragraph (1), by inserting after ``water quality'' 
        the following: ``, including criteria for marine water 
        quality,''; and
            (2) by adding at the end the following new paragraphs:
    ``(9)(A) Not later than 1 year after the date of enactment of this 
paragraph, the Administrator shall submit to Congress a 5-year plan and 
schedule for the development, review, and revision of criteria for 
pollutants found in marine waters.
    ``(B) The plan shall--
            ``(i) ensure that criteria for the pollutants are published 
        as expeditiously as practicable; and
            ``(ii) give priority to pollutants that pose the greatest 
        threat to the marine environment.
    ``(C) The Administrator shall consult with the Under Secretary and 
the Governor of each interested State in developing the plan. In 
addition, the Administrator shall take into consideration--
            ``(i) the toxic pollutants identified in lists, submitted 
        pursuant to subsection (l), of navigable waters for which a 
        State does not expect the applicable standard will be met; and
            ``(ii) the marine environment toxics release inventory 
        assessment prepared pursuant to section 321.
    ``(10)(A)(i) In the case of a pollutant for which criteria and 
information under subsection (a) have not been published, any person 
may petition the Administrator to develop and publish criteria for the 
pollutant pursuant to subsection (a) that are applicable to marine 
waters. The Administration shall approve the petition if the pollutant 
poses a significant threat to the quality of marine waters, human 
health, or the environment.
    ``(ii) Not later than 180 days after receiving the petition, the 
Administrator shall approve or deny the petition and publish a notice 
in the Federal Register of the approval or denial.
    ``(B) If the Administrator fails to publish notice of a decision to 
approve or deny a petition under this paragraph, the petition shall be 
deemed to have been approved. If the Administrator approves a petition 
pursuant to this paragraph, the Administrator shall, as expeditiously 
as practicable, and in a manner consistent with the plan developed 
under this subsection, publish criteria and information for the 
pollutant pursuant to this section.
    ``(11) In the case of a pollutant for which aquatic life criteria 
have been published on the date of enactment of this paragraph, the 
Administrator shall, not later than 3 years after the date of enactment 
of this paragraph, revise the criteria and publish the revisions of the 
criteria, if the Administrator determines the revisions to be necessary 
to ensure that the criteria address marine waters.
    ``(12) After the date of enactment of this paragraph, the 
Administrator shall require that any criteria and information published 
pursuant to this subsection shall address marine waters.''.
    (b) Marine Water Quality Standards.--
            (1) In general.--Section 303 (33 U.S.C. 1313) is amended--
                    (A) by redesignating subsection (h) as subsection 
                (i); and
                    (B) by inserting after subsection (g) the following 
                new subsection:
    ``(h)(1) Not later than 3 years after the date of enactment of this 
paragraph, each State that borders on marine waters shall establish 
standards for marine water quality, including designated uses for the 
waters and numerical criteria to protect the uses, for any pollutant 
for which information is published pursuant to section 304(a).
    ``(2) Not later than 3 years after the date of publication of 
criteria and information pursuant to section 304(a), each State that 
borders on marine waters shall establish numerical water quality 
standards, based on the criteria and information, that are adequate to 
ensure the attainment of the uses identified in paragraph (1).
    ``(3) If a State fails to comply with paragraph (1) or (2), the 
Administrator shall establish numerical water quality standards not 
later than 1 year after the date on which the State was to establish 
the standards.
    ``(4) The Administrator shall promulgate water quality standards 
for marine waters that are not under the control of any State that 
shall ensure the protection and propagation of a balanced, indigenous 
population of fish, shellfish, and wildlife and provide for recreation 
in and on the waters.''.
            (2) Conforming amendment.--Section 302(a) (33 U.S.C. 
        1312(a)) is amended by inserting ``or section 303(i)'' after 
        ``section 304(l)''.

SEC. 10. OCEAN DISCHARGE CRITERIA.

    (a) Clarification of Scope.--Subsection (a) of section 403 (33 
U.S.C. 1343(a)) is amended to read as follows:
    ``(a) No permit shall be issued under section 402 for a discharge 
into the territorial sea, the waters of the contiguous zone, the 
oceans, or any water listed under section 304(n), if the Administrator 
finds, on the basis of assessment of the criteria established in 
subsections (c) and (d), that the discharge may reasonably be expected 
to prevent--
            ``(1) the protection and propagation of a balanced, 
        indigenous population of shellfish, fish, and wildlife and 
        recreational activity in and on the water; or
            ``(2) the attainment of standards established pursuant to 
        section 303.''.
    (b) Biological Testing.--Section 403(c)(1) (33 U.S.C. 1343(c)(1)) 
is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(H) methods, procedures, and requirements for biological 
        testing that shall, at a minimum, require that any reference 
        site be substantially free of contamination.''.
    (c) Limitation of Regulations.--Section 403(c)(2) (33 U.S.C. 
1343(c)(2)) is amended by adding at the end the following new sentence: 
``Any exemption in a regulation to the limitations of this paragraph is 
deemed null and void.''.
    (d) Pollution Prevention.--Section 403 (33 U.S.C. 1343) is amended 
by adding at the end the following new subsection:
    ``(d)(1) In assessing the effects of a proposed discharge to marine 
waters, the Administrator shall take into consideration, in addition to 
the criteria established pursuant to subsection (c), a demonstration of 
the need to discharge by the permit applicant. As a condition of 
receiving a permit, an applicant shall be required to make full use of 
measures, processes, methods, systems, or techniques to completely 
eliminate the discharge or minimize the quantity of pollutants 
discharged through process changes, substitution of material, enclosure 
of systems, or other modifications.
    ``(2) Not later than 1 year after the date of enactment of this 
paragraph, the Administrator shall publish a guidance that describes--
            ``(A) pollution prevention methods; and
            ``(B) the expectations of the Administrator with regard to 
        the demonstrations required by paragraph (1).''.
    (e) Conforming Amendment.--Section 301(a) (33 U.S.C. 1311(a)) is 
amended by inserting ``403,'' before ``and 404.''.

SEC. 11. COMBINED SEWER OVERFLOW CONTROL ASSISTANCE.

    (a) In General.--The Secretary of the Army (referred to in this 
section as the ``Secretary''), acting through the Chief of Engineers of 
the Department of the Army, is authorized to enter into local 
cooperation agreements to provide financial assistance to a local 
government for the construction of facilities for the control of 
overflows from combined storm and sanitary sewers to marine waters.
    (b) Project Identification.--
            (1) Application.--Any municipality with a plan for the 
        control of combined sewer overflows to marine waters that has 
        been approved by the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') as consistent with requirements of the 
        combined sewer overflow policy published by the Administrator 
        at 58 Fed. Reg. 4994, on January 19, 1993, may submit to the 
        Secretary an application for assistance under this section.
            (2) Review of application.--The Secretary shall, with the 
        cooperation and concurrence of the Administrator, review the 
        applications submitted pursuant to paragraph (1) and rank the 
        applications. In ranking the applications, the Secretary shall 
        give equal weight to--
                    (A) the potential for the project to protect public 
                health and the environment; and
                    (B) the financial burden on a community as a result 
                of the high costs of the project or the lack of 
                alternative local, State, or Federal funding sources.
            (3) Priority.--Notwithstanding paragraph (2), the Secretary 
        shall give priority to any application made pursuant to 
        paragraph (1) that would implement the recommendations of a 
        comprehensive conservation and management plan approved by the 
        Administrator pursuant to section 320 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330).
    (c) Project Assistance.--
            (1) Non-federal share.--Except as provided in paragraph 
        (3), the non-Federal sponsor of a project that receives 
        assistance under this subsection shall provide a non-Federal 
        share in an amount equal to not less than 25 percent of the 
        costs of the project.
            (2) Credit for certain nonmonetary contributions.--An 
        amount equal to the value of any land, easement, right-of-way, 
        or reallocation provided for the project by a non-Federal 
        sponsor shall be credited to the non-Federal share referred to 
        in paragraph (1), except that any amount credited pursuant to 
        this paragraph may not exceed 25 percent of the costs of the 
        project.
            (3) Operation and maintenance costs.--The non-Federal share 
        of the operation and maintenance costs of a project assisted 
        pursuant to this section shall be 100 percent.
    (d) Planning Requirements.--
            (1) In general.--The Secretary may not enter into a local 
        cooperation agreement under this section unless the Secretary, 
        in consultation with the Administrator, has determined that the 
        project--
                    (A) is consistent with plans developed pursuant to 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    (B) will not result in the violation of any 
                provision of such Act.
            (2) Review.--The Secretary, in cooperation with the 
        Administrator, shall review each application submitted pursuant 
        to subsection (b) to determine whether the project that is the 
        subject of the application will achieve such controls of 
        combined sewer overflows as are required under applicable 
        requirements of law at the lowest possible cost. The Secretary 
        may not enter into a local cooperation agreement under this 
        section unless the Secretary has determined pursuant to this 
        paragraph that the cost of the project that is the subject of 
        the agreement is the lowest possible cost.
    (e) Discretion of Governor for Loan.--
            (1) In general.--Not fewer than 90 days before the 
        finalization of a local cooperation agreement pursuant to this 
        section, the Secretary shall notify the Governor of the State 
        in which a local government expected to receive assistance 
        pursuant to this section is located.
            (2) Request by governor.--Not later than 30 days after 
        receipt of a notification pursuant to paragraph (1), a Governor 
        may request that the Secretary provide, pursuant to this 
        section, a loan to the local government that is the subject of 
        the notification, and, after receiving the request, the 
        Secretary shall provide assistance under this section as a 
        loan.
            (3) Repayments.--The repayment of a loan made pursuant to 
        paragraph (2) shall be made in a manner consistent with title 
        VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
        et seq.), and amounts equal to the amounts of repayments shall 
        be deposited into the revolving fund established by the State 
        pursuant to such title.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, to remain available until 
expended, for each of fiscal years 1994 through 2000, such sums as may 
be necessary.

SEC. 12. DEFINITIONS.

    (a) New Definitions.--Section 502 (33 U.S.C. 1362) is amended by 
adding at the end the following new paragraphs:
    ``(21) The term `Administrator' means the Administrator of the 
Environmental Protection Agency.
    ``(22) The terms `estuarine zone' and `estuary' have the meaning 
provided the terms in section 104(n)(4), except that the terms shall 
also include associated aquatic ecosystems and the tributaries that 
drain into the estuary up to the historic head of tidal influence.
    ``(23) The term `Federal agency' means any department, agency, or 
other instrumentality of the Federal Government and any independent 
agency or establishment of the Federal Government, including any 
government corporation of the Federal Government.
    ``(24) The term `floatable' means marine debris that floats or 
remains suspended in the water column.
    ``(25) The term `marine water' means any estuary, water of the 
estuarine zone, any other water seaward of the historic height of tidal 
influence, the territorial sea, the contiguous zone, and the ocean.
    ``(26) The term `Under Secretary' means the Under Secretary of 
Commerce for Oceans and Atmosphere who serves as the Administrator of 
the National Oceanic and Atmospheric Administration.''.
    (b) Existing Definitions.--
            (1) Territorial seas.--Section 502(8) (33 U.S.C. 1362(8)) 
        is amended by striking ``three'' and inserting ``12''.
            (2) Estuary and estuarine zone.--Section 320 (33 U.S.C. 
        1330), as amended by section 5(e), is further amended by 
        striking subsection (l).

SEC. 13. FEDERAL AGENCY RESPONSIBILITIES.

    Title V (33 U.S.C. 1361 et seq.), as amended by section 7(b), is 
further amended--
            (1) by redesignating section 520 as section 521; and
            (2) by inserting after section 519 the following new 
        section:

``SEC. 520. FEDERAL AGENCY RESPONSIBILITIES.

    ``(a) Study of Federal Agency Programs.--
            ``(1) In general.--The Administrator, in consultation with 
        the Under Secretary, shall, with respect to each Federal 
        agency, conduct a comprehensive study of the policies, 
        programs, and activities that may result in degradation of 
        marine waters.
            ``(2) Report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this section, the Administrator 
                shall submit to Congress a report that includes--
                            ``(i) a summary of the findings of the 
                        study referred to in paragraph (1); and
                            ``(ii) recommendations to reduce 
                        degradation of marine waters resulting from 
                        policies, programs, and activities of Federal 
                        agencies.
                    ``(B) Contents of report.--The report shall 
                include--
                            ``(i) a comprehensive listing, with respect 
                        to each Federal agency, of the policies, 
                        programs, and activities that, under the study, 
                        are considered to cause degradation of marine 
                        waters;
                            ``(ii) a detailed analysis of the impacts 
                        of each policy, program, and activity referred 
                        to in clause (i) on the degradation of marine 
                        waters;
                            ``(iii) proposed changes in each policy, 
                        program, and activity referred to in clause (i) 
                        to minimize the impacts referred to in clause 
                        (ii);
                            ``(iv) suggested actions to be taken by 
                        other Federal agencies or State departments or 
                        agencies to better coordinate the policies, 
                        programs, and activities that cause degradation 
                        of marine waters; and
                            ``(v) specific recommendations for further 
                        legislative actions that the Administrator 
                        considers to be necessary to bring each policy, 
                        program, and activity referred to in clause (i) 
                        into conformance with the policy of this Act.
            ``(3) Public comment.--In conducting the study, the 
        Administrator shall consult with States and the public 
        concerning methods by which the policies, programs, and 
        activities of Federal agencies may be implemented to reduce 
        degradation in marine waters.
    ``(b) Leadership of Federal Agencies.--The head of each Federal 
agency shall provide leadership and take action to the extent provided 
by law to--
            ``(1) minimize the degradation of marine waters; and
            ``(2) restore and preserve the natural and beneficial 
        values served by marine waters in carrying out the 
        responsibilities of the Federal agency for--
                    ``(A) acquiring, managing, and disposing of Federal 
                lands and facilities;
                    ``(B) providing construction and improvements 
                undertaken by the Federal Government and providing 
                Federal assistance (including financial assistance) for 
                construction and improvements; and
                    ``(C) conducting activities and programs affecting 
                the marine waters.
    ``(c) Responsibilities of Federal Agencies--In carrying out the 
activities described in subsection (b), the head of each Federal agency 
shall be required to evaluate the potential effects of any action on 
marine waters and to ensure that the planning programs and budget 
requests of the Federal agency reflect the policies of this Act.
    ``(d) Alternatives and Mitigation.--If the head of a Federal agency 
makes a determination to, or proposes to, conduct, support, or allow an 
action that may affect marine waters, the head of the Federal agency 
shall consider alternative actions to avoid adverse effects on marine 
waters. If the head of the Federal agency finds that there is no 
practicable alternative that is consistent with the law, the head of 
the Federal agency shall modify the action, to the extent consistent 
with law, to minimize potential adverse effects on marine waters.''.

SEC. 14. REPORTS AND STUDIES.

    (a) Health Impacts Study.--
            (1) In general.--The Administrator of the National Oceanic 
        and Atmospheric Administration of the Department of Commerce 
        (referred to in this section as the ``Under Secretary''), in 
        collaboration with the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') and the Secretary of Health and Human 
        Services, shall conduct a study to determine the nature of any 
        relationship between the incidence of human illness and--
                    (A) pollutants in the marine environment; and
                    (B) shellfish consumption.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Under Secretary shall submit a 
        report describing the findings of the study to the Committee on 
        Environment and Public Works of the Senate, and the Committee 
        on Public Works and Transportation and the Committee on 
        Merchant Marine and Fisheries of the House of Representatives.
    (b) Economic Impact Study.--Not later than 1 year after the date of 
enactment of this Act, the Under Secretary, in consultation with the 
Administrator, the appropriate officials of State and local 
governments, commercial and recreational fisherman, and other 
interested persons, shall submit to Congress a study that identifies, 
evaluates, and quantifies the economic impacts of degradation in the 
quality of marine waters (including degradation attributable to 
floatables (as defined in section 502(25) of the Federal Water 
Pollution Control Act, as added by section 12(a))).
    (c) Algal Bloom Study.--
            (1) In general.--The Under Secretary shall conduct a study 
        of the impact that enhanced nitrogen levels in marine waters 
        may have on stimulating toxic algal blooms.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit a report 
        to Congress on the findings of the study.
    (d) Research of Microorganisms.--Not later than 2 years after the 
date of enactment of this Act, the Administrator shall submit to 
Congress a report on the potential use of microorganisms to degrade 
pollutants (including organic material and chemical pollutants) in 
municipal or industrial wastes before and after disposal in the marine 
environment.
    (e) Identification of Unregulated Contaminants.--
            (1) In general.--The Administrator shall conduct such 
        research and monitoring as the Administrator determines to be 
        necessary to identify unregulated pollutants in marine waters 
        that are not addressed in a guideline, criteria, standard, or 
        requirement developed pursuant to title III of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.).
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall submit to 
        Congress a report that--
                    (A) identifies unregulated pollutants in marine 
                waters; and
                    (B) provides a plan that includes specific actions 
                and recommendations for establishing controls over the 
                pollutants through the pollution control authorities of 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.).

                                 <all>

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