II

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.

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 ‘‘Coastal Protection 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.

Sec. 3. Policy.

Sec. 4. Coastal environment toxics release assessment.
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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.

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

7 U.S.C. 1251 et seq.), except to the extent otherwise spe8 cifically provided.

9 SEC. 2. FINDINGS.

10 Congress finds that—

11 (1) the marine and coastal waters of the United

12 States have substantial and direct importance to a

13 large segment of the population of the United

14 States;

15 (2) the marine and coastal waters, including es16 tuaries, are vital and productive natural ecosystems;

17 (3) the marine and near coastal waters support

18 commercial and recreational fisheries with an annual

19 value estimated at over $12,000,000,000 per year;
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1 (4) the marine and coastal waters support ex2 tensive recreational activities and related support

3 services;

4 (5) the maintenance and protection of the envi5 ronmental quality of the marine and coastal waters

6 of the United States is essential to the commercial

7 and recreational activities the waters support;

8 (6) a report by the Office of Technology Assess9 ment of Congress found that the overall health of es10 tuaries and coastal waters is declining or threatened;

11 (7) recent studies and reports provide evidence

12 that many areas of the marine environment have

13 been degraded or are threatened by sources of pollu14 tion, including industrial and municipal waste dis15 posal, urban and agricultural runoff, inadequately

16 controlled development, and habitat destruction;

17 (8) studies by the National Oceanic and Atmos18 pheric Administration and the Environmental Pro19 tection Agency have identified unexpectedly high lev20 els of contaminants in a number of coastal areas;

21 (9) the National Estuary Program is success22 fully addressing water pollution problems in high

23 priority coastal areas and the program should be ex24 panded and strengthened;
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1 (10) there is a need to better identify impaired

2 coastal waters and to expand and improve programs

3 for the control of point and nonpoint sources of pol4 lution to these waters;

5 (11) ocean discharge criteria need to be used

6 more effectively in issuing permits for discharges to

7 impaired coastal waters;

8 (12) discharges of sewage from vessels can im9 pair coastal waters, and controls over the discharges

10 should be improved;

11 (13) there is a need to expand and expedite the

12 process of developing water quality criteria that set

13 enforceable water quality standards for coastal wa14 ters; and

15 (14) overflows from combined storm and sani16 tary sewers pose a significant threat to water qual17 ity, and the Federal Government should provide ad18 ditional financial assistance to communities seeking

19 to correct overflow problems.

20 SEC. 3. POLICY.

21 It is the policy of the United States to restore, main22 tain, and protect the integrity of the marine environment

23 to ensure that the ecological, commercial, and recreational

24 values of these resources are not impaired by pollution.
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1 SEC. 4. COASTAL ENVIRONMENT TOXICS RELEASE ASSESS2 MENT.

3 Title III (33 U.S.C. 1311 et seq.) is amended by add4 ing at the end the following new section:

5 ‘‘SEC. 321. COASTAL ENVIRONMENT TOXICS RELEASE

6 STRATEGY.

7 ‘‘(a) COASTAL ENVIRONMENT TOXICS RELEASE

8 STRATEGY.—Not later than 1 year after the date of enact9 ment of this section, the Administrator shall prepare and

10 submit to Congress a coastal environment toxics release

11 strategy (referred to in this section as the ‘strategy’). The

12 strategy shall include a plan developed by the Adminis13 trator for using the information from toxic chemical re14 lease forms and reports prepared pursuant to section 313

15 of the Emergency Planning and Community Right-To16 Know Act of 1986 (42 U.S.C. 11023) to improve pro17 grams of the Environmental Protection Agency concerning

18 the coastal environment.

19 ‘‘(b) ASSESSMENT.—

20 ‘‘(1) IN GENERAL.—Not later than 1 year after

21 the date of enactment of this section, and annually

22 thereafter, the Administrator shall prepare an as23 sessment of the extent and environmental effect of

24 discharges by industrial categories that discharge

25 into marine waters, or to publicly owned treatment

26 works that discharge into marine waters (or both),
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1 and that are required to report the discharges pur2 suant to the requirements for reporting releases of

3 toxic chemicals under section 313 of the Emergency

4 Planning and Community Right-To-Know Act of

5 1986 (42 U.S.C. 11023).

6 ‘‘(2) IDENTIFICATION OF CATEGORIES AND

7 AREAS.—The assessment shall identify the relative

8 contribution of pollutants from industrial categories

9 and the geographical areas that receive the greatest

10 quantities of the discharges.

11 ‘‘(3) INCLUSION IN REPORTS.—The assessment

12 prepared under this subsection may be included in

13 a report published pursuant to section 313 of the

14 Emergency Planning and Community Right-To15 Know Act of 1986 (42 U.S.C. 11023).

16 ‘‘(c) USE OF INFORMATION.—The Administrator

17 shall use information in the assessment prepared under

18 subsection (b) to—

19 ‘‘(1) verify information included in permits is20 sued by the Administrator or by a State authorized

21 to issue permits under section 402;

22 ‘‘(2) improve programs for the control of toxic

23 pollutants;

24 ‘‘(3) identify other water quality programs (in25 cluding programs established pursuant to sections
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1 301, 303, 304, 306, and 307) and adopt measures

2 to ensure that data concerning the discharge of toxic

3 pollutants is incorporated into the programs;

4 ‘‘(4) identify pollutants for which water quality

5 criteria have not been published; and

6 ‘‘(5) target compliance and enforcement ac7 tions.’’.

8 SEC. 5. NATIONAL ESTUARY PROGRAM.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

10 320(i) (33 U.S.C. 1330(i)) is amended—

11 (1) by striking ‘‘, and 1991’’ and inserting

12 ‘‘1991, 1992, and 1993 and $25,000,000 for each of

13 fiscal years 1994 through 2000’’; and

14 (2) by striking the last sentence.

15 (b) PRIORITY MARINE WATERS.—Section

16 320(a)(2)(A) (33 U.S.C. 1330(a)(2)(A)) is amended by

17 adding at the end the following new sentence: ‘‘Beginning

18 on the date that is 1 year after the date of enactment

19 of this sentence, the Administrator may not convene a

20 management conference pursuant to this section for any

21 estuary that is not listed as a priority marine water under

22 section 304(n).’’.

23 (c) FINANCIAL PLAN.—Section 320(b)(5) (33 U.S.C.

24 1330(b)(5)) is amended by inserting before the semicolon

25 the following: ‘‘, including a detailed financial plan indicat-
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1 ing the anticipated Federal, State, and local funds needed

2 to implement identified corrective actions’’.

3 (d) RESEARCH.—Subsection (j) of section 320 (33

4 U.S.C. 1330(j)) is amended to read as follows:

5 ‘‘(j) RESEARCH.—

6 ‘‘(1) RESEARCH PROGRAM.—The Administrator

7 shall implement a coordinated program of research

8 and monitoring to support the assessment of each

9 estuary for which a management conference is con10 vened pursuant to this section.

11 ‘‘(2) CONTENT OF PROGRAM.—The research

12 program implemented under this subsection shall in13 clude—

14 ‘‘(A) a comprehensive program of water

15 and sediment quality monitoring to determine—

16 ‘‘(i) variations in pollutant concentra17 tions, marine ecology, and other physical

18 or biological environmental parameters

19 that may affect the estuary; and

20 ‘‘(ii) the potential and actual effects

21 of alternative management strategies and

22 measures;

23 ‘‘(B) a program of ecosystem assessment

24 to assist in the development of—
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1 ‘‘(i) baseline studies to determine the

2 biological conditions in the estuary and the

3 effects of natural and anthropogenic

4 changes; and

5 ‘‘(ii) predictive models that are capa6 ble of translating information concerning

7 specific discharges or general pollutant

8 loadings within the estuary into a set of

9 probable effects on biological conditions in

10 the waters of the estuary;

11 ‘‘(C) a program of research to identify the

12 movements of nutrients, sediments, and pollut13 ants through the estuary and the impact of nu14 trients, sediments, and pollutants on water

15 quality and designated or potential uses of the

16 waters of the estuary; and

17 ‘‘(D) a program of research to determine

18 the water quality and habitat requirements nec19 essary for the attainment and maintenance of

20 designated uses and the continued viability and

21 enhancement of living resources.

22 ‘‘(3) COOPERATIVE ACTIVITY.—In implement23 ing the research program under this subsection, the

24 Administrator shall cooperate with each affected

25 management conference and State, and the heads of
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1 appropriate Federal agencies, including the Under

2 Secretary and the Director of the United States

3 Fish and Wildlife Service.’’.

4 (e) REPORT TO CONGRESS.—Section 320 (33 U.S.C.

5 1330) is amended—

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

8 (2) by inserting after subsection (j) the follow9 ing new subsection:

10 ‘‘(k) REPORTS.—

11 ‘‘(1) IN GENERAL.—Not later than 18 months

12 after the date of enactment of this paragraph, and

13 biennially thereafter, the Administrator shall submit

14 to Congress a comprehensive report concerning the

15 activities authorized under this section. The report

16 shall include—

17 ‘‘(A) a list of estuaries considered for ac18 tion pursuant to this section;

19 ‘‘(B) a list and description of the estuaries

20 considered and selected for management con21 ferences pursuant to this section;

22 ‘‘(C) an evaluation of the research, mon23 itoring, and pollution abatement measures im24 plemented pursuant to this section;
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1 ‘‘(D) an assessment and description of

2 each management conference in progress at the

3 time of submission of the report; and

4 ‘‘(E) a report on the implementation of

5 conservation and management plans for the es6 tuaries.

7 ‘‘(2) PRIORITY MARINE WATERS.—The Admin8 istrator shall include in each report prepared under

9 this subsection—

10 ‘‘(A) a list of the waters listed as priority

11 marine waters under section 304(n);

12 ‘‘(B) a description of the measures taken

13 to restore the quality of the waters; and

14 ‘‘(C) recommendations concerning addi15 tional protective measures for priority marine

16 waters.’’.

17 (f) GRANTS.—Section 320(g) (33 U.S.C. 1330(g)) is

18 amended by striking paragraphs (2) through (3) and in19 serting the following new paragraphs:

20 ‘‘(2) PURPOSES.—A grant awarded under this

21 section may be used to—

22 ‘‘(A) support an initial 5-year management

23 conference and the development of a conserva24 tion and management plan under this section;

25 and
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1 ‘‘(B) maintain the operation of the man2 agement conference after receiving approval by

3 the Administrator of a conservation and man4 agement plan pursuant to subsection (f), and

5 oversee the implementation of the conservation

6 and management plan.

7 ‘‘(3) DEVELOPMENT OF CONSERVATION AND

8 MANAGEMENT PLANS.—

9 ‘‘(A) IN GENERAL.—The Federal share of

10 a grant awarded under paragraph (2)(A) for a

11 fiscal year shall be—

12 ‘‘(i) in an amount not to exceed 75

13 percent of the annual cost of the manage14 ment conference referred to in paragraph

15 (2)(A); and

16 ‘‘(ii) awarded on the condition that

17 the non-Federal share of the cost of the

18 management conference shall be paid from

19 non-Federal sources.

20 ‘‘(B) DURATION.—A person referred to in

21 paragraph (1) (including a State, interstate, or

22 regional agency or entity) may be awarded a

23 grant under paragraph (2)(A) for a period of

24 not to exceed 5 fiscal years.
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1 ‘‘(4) GRANTS TO MAINTAIN OPERATION OF

2 MANAGEMENT CONFERENCE.—

3 ‘‘(A) PROHIBITION.—If, in the judgment

4 of the Administrator, a person referred to in

5 paragraph (1) (including a State, interstate, or

6 regional agency or entity) has—

7 ‘‘(i) not received approval by the Ad8 ministrator for a conservation and man9 agement plan pursuant to subsection (f);

10 or

11 ‘‘(ii) failed substantially to implement

12 a conservation and management plan that

13 has been approved pursuant to subsection

14 (f),

15 the Administrator may not award a grant to

16 the person under paragraph (2)(B).

17 ‘‘(B) FEDERAL SHARE.—The Federal

18 share of a grant awarded under paragraph

19 (2)(B) for a fiscal year shall be—

20 ‘‘(i) in an amount not to exceed 50

21 percent of the annual costs of the manage22 ment conference; and

23 ‘‘(ii) awarded on the condition that

24 the non-Federal share of the cost of the
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1 management conference shall be paid from

2 non-Federal sources.

3 ‘‘(C) LIMITATION.—The amount of a grant

4 awarded under paragraph (2)(B) for any fiscal

5 year may not exceed an amount equal to 30

6 percent of the average annual amount of any

7 grants received by the person under paragraph

8 (2)(A).

9 ‘‘(5) REPORT TO THE ADMINISTRATOR.—Each

10 person who receives a grant under this subsection

11 shall be required, as a condition of receiving the

12 grant, to submit a report to the Administrator, not

13 later than 18 months after receipt of the grant

14 award, describing the progress of the grant recipient

15 in carrying out the purposes of the grant.’’.

16 SEC. 6. PRIORITY MARINE WATERS.

17 Section 304 (33 U.S.C. 1314) is amended by adding

18 at the end the following new subsection:

19 ‘‘(n) PRIORITY MARINE WATERS.—

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

21 not later than 1 year after the date of enactment of

22 this subsection, and biennially thereafter, identify

23 and list, pursuant to this subsection, each marine

24 water that—
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1 ‘‘(A) does not support the protection and

2 propagation of a balanced, indigenous popu3 lation of shellfish, fish, and wildlife, and allow

4 for recreational activities in and on the water;

5 or

6 ‘‘(B) in the judgment of the Administrator,

7 is not likely to have the capability of ensuring

8 the future protection of a balanced, indigenous

9 population of shellfish, fish, and wildlife and

10 allow for recreational activities in and on the

11 water.

12 ‘‘(2) SELECTION.—In selecting a marine water

13 pursuant to paragraph (1), the Administrator shall

14 consider—

15 ‘‘(A) water quality impairment, including

16 information provided in the national toxic

17 chemical inventory established pursuant to sec18 tion 313(j) of the Emergency Planning and

19 Community Right-To-Know Act of 1986 (42

20 U.S.C. 11023(j));

21 ‘‘(B) the presence of toxic or other con22 taminants in sediment and the potential for mi23 gration of the contamination to water or aquat24 ic organisms;
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1 ‘‘(C) the condition of aquatic life and relat2 ed habitat, including the presence of threatened

3 or endangered species;

4 ‘‘(D) the likely effect of contaminants on

5 human health, aquatic life, and related habitat,

6 recreational and commercial opportunities, and

7 marine ecological values;

8 ‘‘(E) the presence of floatables in the area

9 that adversely affect commercial and rec10 reational opportunities; and

11 ‘‘(F) anticipated total increases in pollu12 tion loadings and floatables in the area.

13 ‘‘(3) PUBLIC REVIEW.—In listing a marine

14 water under paragraph (1), the Administrator

15 shall—

16 ‘‘(A) provide for public review and com17 ment; and

18 ‘‘(B) consult with appropriate officials of

19 States and the Under Secretary throughout the

20 listing process.

21 ‘‘(4) DUTIES OF THE ADMINISTRATOR AND

22 STATES.—

23 ‘‘(A) IN GENERAL.—The Administrator (or

24 a State authorized to issue permits under sec-
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1 tion 402) shall, with respect to waters that have

2 been listed under this subsection—

3 ‘‘(i) implement the requirements of

4 section 403 when issuing or reissuing a

5 permit for point source discharges to the

6 waters; and

7 ‘‘(ii) notwithstanding any exemption

8 established pursuant to section 402(p), not

9 later than 1 year after the listing of a

10 water under this subsection, issue permits

11 for industrial and municipal discharges of

12 stormwater to the water in a manner con13 sistent with section 402(p).

14 ‘‘(B) DUTIES OF THE ADMINISTRATOR.—

15 The Administrator shall, with respect to each

16 water that has been listed under this sub17 section—

18 ‘‘(i) not later than 180 days after list19 ing the water under this subsection, con20 sider prohibiting the use of the water as a

21 disposal site or restricting the use of any

22 water designated pursuant to this section

23 as a disposal site;
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1 ‘‘(ii) not later than 180 days after the

2 listing, prohibit the discharge of sewage

3 from vessels pursuant to section 312(f)(4);

4 ‘‘(iii) in the case of a State that does

5 not have an assessment or management

6 program that has been approved by the

7 Administrator under subsection (a) or (b)

8 of section 319, conduct an assessment and

9 develop and implement a management pro10 gram for the watershed area of the listed

11 water; and

12 ‘‘(iv) require that each publicly owned

13 treatment works that discharges to the

14 listed water and that serves 1 or more sig15 nificant industrial user, as defined by the

16 Administrator, shall without regard to the

17 volume of the discharges of or the popu18 lation served by the treatment works, de19 velop and enforce a program for the

20 pretreatment of industrial wastes pursuant

21 to section 307 as expeditiously as prac22 ticable.

23 ‘‘(C) DUTIES OF THE STATE.—Each State

24 shall review water quality standards applicable

25 to waters listed under this subsection, and, not
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1 later that 3 years after the listing, designate

2 uses and adopt standards for any pollutant for

3 which the Administrator has established criteria

4 pursuant to section 304 if the pollutant is

5 present, or is reasonably likely to be present, in

6 the waters.

7 ‘‘(5) RECISION OF LISTING.—The Adminis8 trator may, after consultation with appropriate State

9 officials, and after providing for public review and

10 comment, rescind the listing of a marine water

11 under this subsection if the Administrator deter12 mines that—

13 ‘‘(A) the environmental quality of the

14 water has been restored;

15 ‘‘(B) water quality standards adopted pur16 suant to section 303 are attained and will be

17 maintained; and

18 ‘‘(C) the water will ensure the protection

19 and propagation of a balanced indigenous popu20 lation of fish, shellfish, and wildlife and will

21 provide for recreational activities in and on the

22 water on a continuing basis.’’.

23 SEC. 7. NATIONAL MARINE WATER QUALITY EDUCATION

24 PROGRAM.

25 Title V (33 U.S.C. 1361 et seq.) is amended—
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1 (1) by redesignating section 519 as section 520;

2 and

3 (2) by inserting after section 518 the following

4 new section:

5 ‘‘SEC. 519. NATIONAL MARINE WATER QUALITY EDUCATION

6 PROGRAM.

7 ‘‘(a) GENERAL AUTHORITY.—The Administrator

8 shall establish a national program to provide information,

9 education, and technical assistance to owners of marine

10 land.

11 ‘‘(b) IDENTIFICATION.—Any owner of marine land

12 may submit to the Administrator an application for par13 ticipation in the education program established under this

14 section. Each application submitted under this subsection

15 shall contain basic information, including—

16 ‘‘(1) the location and size of the marine land;

17 ‘‘(2) the physical characteristics of the marine

18 land;

19 ‘‘(3) known wildlife habitat or other significant

20 natural features or characteristics of the marine

21 land; and

22 ‘‘(4) proof of ownership of the marine land.

23 ‘‘(c) INFORMATION AND EDUCATION.—

24 ‘‘(1) IN GENERAL.—The Administrator shall es25 tablish and carry out an information and education
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1 program to provide owners of marine land with in2 formational and educational materials concerning—

3 ‘‘(A) land management and related prac4 tices to prevent water pollution and protect

5 habitat;

6 ‘‘(B) activities and practices to protect and

7 foster the development of aquatic life and wild8 life;

9 ‘‘(C) measures to preserve and protect sig10 nificant natural features of land or significant

11 natural resources;

12 ‘‘(D) the activities of Federal agencies (in13 cluding departments), State departments and

14 agencies, and political subdivisions of States to

15 protect marine waters, including activities

16 under sections 303, 319, 320, 402, and 404;

17 and

18 ‘‘(E) the requirements of Federal law and

19 the laws of States concerning land manage20 ment, discharges to water, and other related ac21 tivities.

22 ‘‘(2) REGION-SPECIFIC INFORMATION.—The

23 Administrator may, as appropriate, adjust the infor24 mation required pursuant to this subsection to apply
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1 to land within a specific region of the United States

2 or a specific State.

3 ‘‘(d) STATE PARTICIPATION.—At the request of a

4 Governor of a State, the Administrator may delegate the

5 operation of an information and education program that

6 meets the requirements of subsection (c) to a State. The

7 cost associated with activities carried out by the State pur8 suant to this section shall be eligible for funding under

9 section 106.

10 ‘‘(e) MARINE LAND DEFINED.—As used in this sec11 tion, the term ‘marine land’ means real property that bor12 ders on a marine water.’’.

13 SEC. 8. MARINE SANITATION DEVICES.

14 (a) PROHIBITION OF DISCHARGE TO DESIGNATED

15 WATERS.—

16 (1) IN GENERAL.—Section 312(f)(3) (33 U.S.C.

17 1322(f)(3)) is amended—

18 (A) by striking ‘‘, except that’’ and all that

19 follows through the end of the paragraph and

20 inserting a period; and

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

22 sentence: ‘‘The State and the Secretary of the

23 Department in which the Coast Guard is oper24 ating shall enforce this paragraph.’’.
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1 (2) SEWAGE.—Paragraph (4)(A) of section

2 312(f) (33 U.S.C. 1322(f)(4)(A)) is amended to

3 read as follows:

4 ‘‘(4)(A) In the case of a water listed under section

5 304(n), not later than 18 months after the listing, the Ad6 ministrator shall, by regulation, completely prohibit the

7 discharge of sewage (whether treated or untreated) from

8 a vessel into the listed water.’’.

9 (3) UNLAWFUL ACTS.—Section 312(h) (33

10 U.S.C 1322(h)) is amended—

11 (A) by striking ‘‘and’’ at the end of para12 graph (3);

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

14 paragraph (4) and inserting a semicolon; and

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

16 paragraphs:

17 ‘‘(5) for any person to discharge sewage

18 (whether treated or untreated) into a water des19 ignated pursuant to subsection (f)(4); and

20 ‘‘(6) for any person to discharge sewage that

21 has not been treated by a marine sanitation device

22 required under this section.’’.

23 (4) CONFORMING AMENDMENT.—Section

24 301(a) (33 U.S.C. 1311(a)) is amended by inserting

25 ‘‘312,’’ after ‘‘307,’’.
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1 (b) CIVIL PENALTIES.—Subsection (j) of section 312

2 (33 U.S.C 1322(j)) is amended to read as follows:

3 ‘‘(j)(1) Any person who violates subsection (g) or (h)

4 shall be liable for a civil penalty in an amount not to ex5 ceed $5,000 for each violation. Each violation shall con6 stitute a separate offense.

7 ‘‘(2) No penalty shall be assessed under this sub8 section until the person charged has received notice of the

9 violation and has had an opportunity for a hearing on the

10 charge.

11 ‘‘(3) The following shall be considered in a determina12 tion of the amount of a penalty under this subsection:

13 ‘‘(A) The gravity of the violation.

14 ‘‘(B) Any previous violations of the person who

15 is subject to the penalty.

16 ‘‘(C) The demonstrated good faith of the person

17 who is subject to the penalty in attempting to

18 achieve rapid compliance after notification of the

19 violation.’’.

20 (c) ENFORCEMENT.—Subsection (k) of section 312

21 (33 U.S.C 1322(k)) is amended to read as follows:

22 ‘‘(k)(1) The Secretary of the department in which the

23 Coast Guard is operating (referred to in this subsection

24 as the ‘Secretary’) shall carry out the enforcement of this
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1 section. The head of another Federal agency may enter

2 into an agreement with the Secretary to—

3 ‘‘(A) detail to the Secretary, with or without re4 imbursement, law enforcement officers or personnel

5 to assist the Secretary in carrying out this section;

6 and

7 ‘‘(B) provide facilities for use by the Secretary

8 in carrying out this section.

9 ‘‘(2) All amounts collected by the Secretary or an au10 thorized representative of the Secretary under this section

11 shall be deposited into a special fund of the Treasury of

12 the United States to be known as the ‘Vessel Pollution

13 Enforcement Fund’. The fund shall be available for appro14 priation to the Coast Guard to carry out the activities re15 ferred to in subsection (o).

16 ‘‘(3) Subject to the conditions described in paragraph

17 (4), the Administrator may delegate to a State the en18 forcement of the prohibitions under paragraphs (4)

19 through (6) of subsection (h).

20 ‘‘(4) The Secretary shall require a State that pro21 poses to carry out the enforcement activities referred to

22 in paragraph (3) to submit such documentation as the

23 Secretary considers appropriate to establish that the State

24 has established a State fund into which amounts equal to

25 the amounts of penalties from enforcement actions carried
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1 out by the State under paragraph (3) shall be transferred

2 for use by the State to carry out enforcement activities

3 under paragraph (3).’’.

4 (d) MARINE SANITATION DEVICES.—

5 (1) TECHNOLOGY IMPROVEMENTS.—Section

6 312(c)(1)(A) (33 U.S.C 1322(c)(1)(A)) is amended

7 by adding at the end the following new sentence:

8 ‘‘The standards and regulations referred to in this

9 subparagraph shall be reviewed and revised to reflect

10 improvements in technology relating to marine sani11 tation devices not later than 3 years after the date

12 of enactment of this sentence, and every 7 years

13 thereafter.’’.

14 (2) REVIEW.—Section 312(c)(2) (33 U.S.C

15 1322(c)(2)) is amended by adding at the end the fol16 lowing new sentences: ‘‘Except for a waiver for an

17 individual vessel, the Secretary of the department in

18 which the Coast Guard is operating shall review each

19 waiver of a standard or regulation under this sec20 tion. If the Secretary considers that a revision of the

21 waiver would be appropriate to take into account

22 technology relating to marine sanitation devices, the

23 Secretary shall revise the waiver.’’.

24 (3) DEADLINE.—Section 312(b)(1) (33 U.S.C

25 1322(b)(1)) is amended by inserting before the pe-
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1 riod at the end the following: ‘‘not later than 2 years

2 after the date of establishment or revision of the

3 standards’’.

4 (e) MARINE SANITATION DEVICE PUMPOUT STA5 TIONS.—

6 (1) FINANCIAL ASSISTANCE.—

7 (A) GENERAL AUTHORITY FOR CAPITAL8 IZATION GRANTS TO STATES.—Section 601(a)

9 (33 U.S.C. 1381(a)) is amended—

10 (i) in paragraph (2), by striking

11 ‘‘and’’ at the end; and

12 (ii) by inserting before the period at

13 the end the following: ‘‘, and (4) for imple14 menting a marine sanitation pumpout sta15 tion plan approved pursuant to section

16 5603(c) of the Clean Vessel Act of 1992

17 (Public Law 102–587; 33 U.S.C. 1322

18 note)’’.

19 (B) WATER POLLUTION CONTROL REVOLV20 ING FUNDS.—The first sentence of section

21 603(c) (33 U.S.C. 1383(c)) is amended—

22 (i) in paragraph (2), by striking

23 ‘‘and’’ at the end; and

24 (ii) by inserting before the period at

25 the end the following: ‘‘, and (4) for imple-
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1 menting a marine sanitation pumpout sta2 tion plan approved pursuant to section

3 5603(c) of the Clean Vessel Act of 1992

4 (Public Law 102–587; 33 U.S.C. 1322

5 note)’’.

6 (f) EDUCATION.—Section 312 (33 U.S.C 1322), as

7 amended by subsection (e), is further amended by adding

8 at the end the following new subsection:

9 ‘‘(o) The Secretary of the department in which the

10 Coast Guard is operating, in consultation with the Admin11 istrator, shall implement a comprehensive program of in12 formation and education to—

13 ‘‘(1) encourage compliance with the require14 ments of this section; and

15 ‘‘(2) foster an increased understanding of the

16 importance of water quality and methods of prevent17 ing water pollution.’’.

18 (g) DEFINITIONS.—Section 312(a) (33 U.S.C

19 1322(a)) is amended—

20 (1) in paragraph (1), by inserting ‘‘applicable’’

21 after ‘‘promulgation of’’;

22 (2) by striking the period at the end of para23 graph (11) and inserting a semicolon; and

24 (3) by adding at the end the following new

25 paragraph:
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1 ‘‘(12) ‘pumpout station’ has the same meaning

2 as is provided the term in section 5608(6) of the

3 Clean Vessel Act of 1992 (Public Law 102–587; 33

4 U.S.C. 1322 note).’’.

5 SEC. 9. MARINE WATER QUALITY CRITERIA AND STAND6 ARDS.

7 (a) MARINE WATER QUALITY CRITERIA.—Section

8 304(a) (33 U.S.C. 1314(a)) is amended—

9 (1) in paragraph (1), by inserting after ‘‘water

10 quality’’ the following: ‘‘, including criteria for ma11 rine water quality,’’; and

12 (2) by adding at the end the following new

13 paragraphs:

14 ‘‘(9)(A) Not later than 1 year after the date of enact15 ment of this paragraph, the Administrator shall submit

16 to Congress a 5-year plan and schedule for the develop17 ment, review, and revision of criteria for pollutants found

18 in marine waters.

19 ‘‘(B) The plan shall—

20 ‘‘(i) ensure that criteria for the pollutants are

21 published as expeditiously as practicable; and

22 ‘‘(ii) give priority to pollutants that pose the

23 greatest threat to the marine environment.

24 ‘‘(C) The Administrator shall consult with the Under

25 Secretary and the Governor of each interested State in
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1 developing the plan. In addition, the Administrator shall

2 take into consideration—

3 ‘‘(i) the toxic pollutants identified in lists, sub4 mitted pursuant to subsection (l), of navigable wa5 ters for which a State does not expect the applicable

6 standard will be met; and

7 ‘‘(ii) the marine environment toxics release in8 ventory assessment prepared pursuant to section

9 321.

10 ‘‘(10)(A)(i) In the case of a pollutant for which cri11 teria and information under subsection (a) have not been

12 published, any person may petition the Administrator to

13 develop and publish criteria for the pollutant pursuant to

14 subsection (a) that are applicable to marine waters. The

15 Administration shall approve the petition if the pollutant

16 poses a significant threat to the quality of marine waters,

17 human health, or the environment.

18 ‘‘(ii) Not later than 180 days after receiving the peti19 tion, the Administrator shall approve or deny the petition

20 and publish a notice in the Federal Register of the ap21 proval or denial.

22 ‘‘(B) If the Administrator fails to publish notice of

23 a decision to approve or deny a petition under this para24 graph, the petition shall be deemed to have been approved.

25 If the Administrator approves a petition pursuant to this
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1 paragraph, the Administrator shall, as expeditiously as

2 practicable, and in a manner consistent with the plan de3 veloped under this subsection, publish criteria and infor4 mation for the pollutant pursuant to this section.

5 ‘‘(11) In the case of a pollutant for which aquatic

6 life criteria have been published on the date of enactment

7 of this paragraph, the Administrator shall, not later than

8 3 years after the date of enactment of this paragraph, re9 vise the criteria and publish the revisions of the criteria,

10 if the Administrator determines the revisions to be nec11 essary to ensure that the criteria address marine waters.

12 ‘‘(12) After the date of enactment of this paragraph,

13 the Administrator shall require that any criteria and infor14 mation published pursuant to this subsection shall address

15 marine waters.’’.

16 (b) MARINE WATER QUALITY STANDARDS.—

17 (1) IN GENERAL.—Section 303 (33 U.S.C.

18 1313) is amended—

19 (A) by redesignating subsection (h) as sub20 section (i); and

21 (B) by inserting after subsection (g) the

22 following new subsection:

23 ‘‘(h)(1) Not later than 3 years after the date of enact24 ment of this paragraph, each State that borders on marine

25 waters shall establish standards for marine water quality,
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1 including designated uses for the waters and numerical

2 criteria to protect the uses, for any pollutant for which

3 information is published pursuant to section 304(a).

4 ‘‘(2) Not later than 3 years after the date of publica5 tion of criteria and information pursuant to section

6 304(a), each State that borders on marine waters shall

7 establish numerical water quality standards, based on the

8 criteria and information, that are adequate to ensure the

9 attainment of the uses identified in paragraph (1).

10 ‘‘(3) If a State fails to comply with paragraph (1)

11 or (2), the Administrator shall establish numerical water

12 quality standards not later than 1 year after the date on

13 which the State was to establish the standards.

14 ‘‘(4) The Administrator shall promulgate water qual15 ity standards for marine waters that are not under the

16 control of any State that shall ensure the protection and

17 propagation of a balanced, indigenous population of fish,

18 shellfish, and wildlife and provide for recreation in and

19 on the waters.’’.

20 (2) CONFORMING AMENDMENT.—Section

21 302(a) (33 U.S.C. 1312(a)) is amended by inserting

22 ‘‘or section 303(i)’’ after ‘‘section 304(l)’’.
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1 SEC. 10. OCEAN DISCHARGE CRITERIA.

2 (a) CLARIFICATION OF SCOPE.—Subsection (a) of

3 section 403 (33 U.S.C. 1343(a)) is amended to read as

4 follows:

5 ‘‘(a) No permit shall be issued under section 402 for

6 a discharge into the territorial sea, the waters of the con7 tiguous zone, the oceans, or any water listed under section

8 304(n), if the Administrator finds, on the basis of assess9 ment of the criteria established in subsections (c) and (d),

10 that the discharge may reasonably be expected to pre11 vent—

12 ‘‘(1) the protection and propagation of a bal13 anced, indigenous population of shellfish, fish, and

14 wildlife and recreational activity in and on the water;

15 or

16 ‘‘(2) the attainment of standards established

17 pursuant to section 303.’’.

18 (b) BIOLOGICAL TESTING.—Section 403(c)(1) (33

19 U.S.C. 1343(c)(1)) is amended—

20 (1) in subparagraph (F), by striking ‘‘and’’ at

21 the end;

22 (2) in subparagraph (G), by striking the period

23 at the end and inserting ‘‘; and’’; and

24 (3) by adding at the end the following new sub25 paragraph:
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1 ‘‘(H) methods, procedures, and requirements

2 for biological testing that shall, at a minimum, re3 quire that any reference site be substantially free of

4 contamination.’’.

5 (c) LIMITATION OF REGULATIONS.—Section

6 403(c)(2) (33 U.S.C. 1343(c)(2)) is amended by adding

7 at the end the following new sentence: ‘‘Any exemption

8 in a regulation to the limitations of this paragraph is

9 deemed null and void.’’.

10 (d) POLLUTION PREVENTION.—Section 403 (33

11 U.S.C. 1343) is amended by adding at the end the follow12 ing new subsection:

13 ‘‘(d)(1) In assessing the effects of a proposed dis14 charge to marine waters, the Administrator shall take into

15 consideration, in addition to the criteria established pursu16 ant to subsection (c), a demonstration of the need to dis17 charge by the permit applicant. As a condition of receiving

18 a permit, an applicant shall be required to make full use

19 of measures, processes, methods, systems, or techniques

20 to completely eliminate the discharge or minimize the

21 quantity of pollutants discharged through process

22 changes, substitution of material, enclosure of systems, or

23 other modifications.
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1 ‘‘(2) Not later than 1 year after the date of enact2 ment of this paragraph, the Administrator shall publish

3 a guidance that describes—

4 ‘‘(A) pollution prevention methods; and

5 ‘‘(B) the expectations of the Administrator with

6 regard to the demonstrations required by paragraph

7 (1).’’.

8 (e) CONFORMING AMENDMENT.—Section 301(a) (33

9 U.S.C. 1311(a)) is amended by inserting ‘‘403,’’ before

10 ‘‘and 404.’’.

11 SEC. 11. COMBINED SEWER OVERFLOW CONTROL ASSIST12 ANCE.

13 (a) IN GENERAL.—The Secretary of the Army (re14 ferred to in this section as the ‘‘Secretary’’), acting

15 through the Chief of Engineers of the Department of the

16 Army, is authorized to enter into local cooperation agree17 ments to provide financial assistance to a local government

18 for the construction of facilities for the control of over19 flows from combined storm and sanitary sewers to marine

20 waters.

21 (b) PROJECT IDENTIFICATION.—

22 (1) APPLICATION.—Any municipality with a

23 plan for the control of combined sewer overflows to

24 marine waters that has been approved by the Ad25 ministrator of the Environmental Protection Agency
36

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1 (referred to in this section as the ‘‘Administrator’’)

2 as consistent with requirements of the combined

3 sewer overflow policy published by the Administrator

4 at 58 Fed. Reg. 4994, on January 19, 1993, may

5 submit to the Secretary an application for assistance

6 under this section.

7 (2) REVIEW OF APPLICATION.—The Secretary

8 shall, with the cooperation and concurrence of the

9 Administrator, review the applications submitted

10 pursuant to paragraph (1) and rank the applica11 tions. In ranking the applications, the Secretary

12 shall give equal weight to—

13 (A) the potential for the project to protect

14 public health and the environment; and

15 (B) the financial burden on a community

16 as a result of the high costs of the project or

17 the lack of alternative local, State, or Federal

18 funding sources.

19 (3) PRIORITY.—Notwithstanding paragraph

20 (2), the Secretary shall give priority to any applica21 tion made pursuant to paragraph (1) that would im22 plement the recommendations of a comprehensive

23 conservation and management plan approved by the

24 Administrator pursuant to section 320 of the Fed25 eral Water Pollution Control Act (33 U.S.C. 1330).
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1 (c) PROJECT ASSISTANCE.—

2 (1) NON-FEDERAL SHARE.—Except as provided

3 in paragraph (3), the non-Federal sponsor of a

4 project that receives assistance under this subsection

5 shall provide a non-Federal share in an amount

6 equal to not less than 25 percent of the costs of the

7 project.

8 (2) CREDIT FOR CERTAIN NONMONETARY CON9 TRIBUTIONS.—An amount equal to the value of any

10 land, easement, right-of-way, or reallocation pro11 vided for the project by a non-Federal sponsor shall

12 be credited to the non-Federal share referred to in

13 paragraph (1), except that any amount credited pur14 suant to this paragraph may not exceed 25 percent

15 of the costs of the project.

16 (3) OPERATION AND MAINTENANCE COSTS.—

17 The non-Federal share of the operation and mainte18 nance costs of a project assisted pursuant to this

19 section shall be 100 percent.

20 (d) PLANNING REQUIREMENTS.—

21 (1) IN GENERAL.—The Secretary may not enter

22 into a local cooperation agreement under this section

23 unless the Secretary, in consultation with the Ad24 ministrator, has determined that the project—
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1 (A) is consistent with plans developed pur2 suant to the Federal Water Pollution Control

3 Act (33 U.S.C. 1251 et seq.); and

4 (B) will not result in the violation of any

5 provision of such Act.

6 (2) REVIEW.—The Secretary, in cooperation

7 with the Administrator, shall review each application

8 submitted pursuant to subsection (b) to determine

9 whether the project that is the subject of the appli10 cation will achieve such controls of combined sewer

11 overflows as are required under applicable require12 ments of law at the lowest possible cost. The Sec13 retary may not enter into a local cooperation agree14 ment under this section unless the Secretary has de15 termined pursuant to this paragraph that the cost of

16 the project that is the subject of the agreement is

17 the lowest possible cost.

18 (e) DISCRETION OF GOVERNOR FOR LOAN.—

19 (1) IN GENERAL.—Not fewer than 90 days be20 fore the finalization of a local cooperation agreement

21 pursuant to this section, the Secretary shall notify

22 the Governor of the State in which a local govern23 ment expected to receive assistance pursuant to this

24 section is located.
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1 (2) REQUEST BY GOVERNOR.—Not later than

2 30 days after receipt of a notification pursuant to

3 paragraph (1), a Governor may request that the Sec4 retary provide, pursuant to this section, a loan to

5 the local government that is the subject of the notifi6 cation, and, after receiving the request, the Sec7 retary shall provide assistance under this section as

8 a loan.

9 (3) REPAYMENTS.—The repayment of a loan

10 made pursuant to paragraph (2) shall be made in a

11 manner consistent with title VI of the Federal Water

12 Pollution Control Act (33 U.S.C. 1381 et seq.), and

13 amounts equal to the amounts of repayments shall

14 be deposited into the revolving fund established by

15 the State pursuant to such title.

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section,

18 to remain available until expended, for each of fiscal years

19 1994 through 2000, such sums as may be necessary.

20 SEC. 12. DEFINITIONS.

21 (a) NEW DEFINITIONS.—Section 502 (33 U.S.C.

22 1362) is amended by adding at the end the following new

23 paragraphs:

24 ‘‘(21) The term ‘Administrator’ means the Adminis25 trator of the Environmental Protection Agency.
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1 ‘‘(22) The terms ‘estuarine zone’ and ‘estuary’ have

2 the meaning provided the terms in section 104(n)(4), ex3 cept that the terms shall also include associated aquatic

4 ecosystems and the tributaries that drain into the estuary

5 up to the historic head of tidal influence.

6 ‘‘(23) The term ‘Federal agency’ means any depart7 ment, agency, or other instrumentality of the Federal Gov8 ernment and any independent agency or establishment of

9 the Federal Government, including any government cor10 poration of the Federal Government.

11 ‘‘(24) The term ‘floatable’ means marine debris that

12 floats or remains suspended in the water column.

13 ‘‘(25) The term ‘marine water’ means any estuary,

14 water of the estuarine zone, any other water seaward of

15 the historic height of tidal influence, the territorial sea,

16 the contiguous zone, and the ocean.

17 ‘‘(26) The term ‘Under Secretary’ means the Under

18 Secretary of Commerce for Oceans and Atmosphere who

19 serves as the Administrator of the National Oceanic and

20 Atmospheric Administration.’’.

21 (b) EXISTING DEFINITIONS.—

22 (1) TERRITORIAL SEAS.—Section 502(8) (33

23 U.S.C. 1362(8)) is amended by striking ‘‘three’’ and

24 inserting ‘‘12’’.
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1 (2) ESTUARY AND ESTUARINE ZONE.—Section

2 320 (33 U.S.C. 1330), as amended by section 5(e),

3 is further amended by striking subsection (l).

4 SEC. 13. FEDERAL AGENCY RESPONSIBILITIES.

5 Title V (33 U.S.C. 1361 et seq.), as amended by sec6 tion 7(b), is further amended—

7 (1) by redesignating section 520 as section 521;

8 and

9 (2) by inserting after section 519 the following

10 new section:

11 ‘‘SEC. 520. FEDERAL AGENCY RESPONSIBILITIES.

12 ‘‘(a) STUDY OF FEDERAL AGENCY PROGRAMS.—

13 ‘‘(1) IN GENERAL.—The Administrator, in con14 sultation with the Under Secretary, shall, with re15 spect to each Federal agency, conduct a comprehen16 sive study of the policies, programs, and activities

17 that may result in degradation of marine waters.

18 ‘‘(2) REPORT.—

19 ‘‘(A) IN GENERAL.—Not later than 2 years

20 after the date of enactment of this section, the

21 Administrator shall submit to Congress a report

22 that includes—

23 ‘‘(i) a summary of the findings of the

24 study referred to in paragraph (1); and
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1 ‘‘(ii) recommendations to reduce deg2 radation of marine waters resulting from

3 policies, programs, and activities of Fed4 eral agencies.

5 ‘‘(B) CONTENTS OF REPORT.—The report

6 shall include—

7 ‘‘(i) a comprehensive listing, with re8 spect to each Federal agency, of the poli9 cies, programs, and activities that, under

10 the study, are considered to cause degrada11 tion of marine waters;

12 ‘‘(ii) a detailed analysis of the impacts

13 of each policy, program, and activity re14 ferred to in clause (i) on the degradation

15 of marine waters;

16 ‘‘(iii) proposed changes in each policy,

17 program, and activity referred to in clause

18 (i) to minimize the impacts referred to in

19 clause (ii);

20 ‘‘(iv) suggested actions to be taken by

21 other Federal agencies or State depart22 ments or agencies to better coordinate the

23 policies, programs, and activities that

24 cause degradation of marine waters; and
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1 ‘‘(v) specific recommendations for fur2 ther legislative actions that the Adminis3 trator considers to be necessary to bring

4 each policy, program, and activity referred

5 to in clause (i) into conformance with the

6 policy of this Act.

7 ‘‘(3) PUBLIC COMMENT.—In conducting the

8 study, the Administrator shall consult with States

9 and the public concerning methods by which the

10 policies, programs, and activities of Federal agencies

11 may be implemented to reduce degradation in ma12 rine waters.

13 ‘‘(b) LEADERSHIP OF FEDERAL AGENCIES.—The

14 head of each Federal agency shall provide leadership and

15 take action to the extent provided by law to—

16 ‘‘(1) minimize the degradation of marine wa17 ters; and

18 ‘‘(2) restore and preserve the natural and bene19 ficial values served by marine waters in carrying out

20 the responsibilities of the Federal agency for—

21 ‘‘(A) acquiring, managing, and disposing of

22 Federal lands and facilities;

23 ‘‘(B) providing construction and improve24 ments undertaken by the Federal Government

25 and providing Federal assistance (including fi-
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1 nancial assistance) for construction and im2 provements; and

3 ‘‘(C) conducting activities and programs

4 affecting the marine waters.

5 ‘‘(c) RESPONSIBILITIES OF FEDERAL AGENCIES—In

6 carrying out the activities described in subsection (b), the

7 head of each Federal agency shall be required to evaluate

8 the potential effects of any action on marine waters and

9 to ensure that the planning programs and budget requests

10 of the Federal agency reflect the policies of this Act.

11 ‘‘(d) ALTERNATIVES AND MITIGATION.—If the head

12 of a Federal agency makes a determination to, or proposes

13 to, conduct, support, or allow an action that may affect

14 marine waters, the head of the Federal agency shall con15 sider alternative actions to avoid adverse effects on marine

16 waters. If the head of the Federal agency finds that there

17 is no practicable alternative that is consistent with the

18 law, the head of the Federal agency shall modify the ac19 tion, to the extent consistent with law, to minimize poten20 tial adverse effects on marine waters.’’.

21 SEC. 14. REPORTS AND STUDIES.

22 (a) HEALTH IMPACTS STUDY.—

23 (1) IN GENERAL.—The Administrator of the

24 National Oceanic and Atmospheric Administration of

25 the Department of Commerce (referred to in this
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1 section as the ‘‘Under Secretary’’), in collaboration

2 with the Administrator of the Environmental Protec3 tion Agency (referred to in this section as the ‘‘Ad4 ministrator’’) and the Secretary of Health and

5 Human Services, shall conduct a study to determine

6 the nature of any relationship between the incidence

7 of human illness and—

8 (A) pollutants in the marine environment;

9 and

10 (B) shellfish consumption.

11 (2) REPORT.—Not later than 2 years after the

12 date of enactment of this Act, the Under Secretary

13 shall submit a report describing the findings of the

14 study to the Committee on Environment and Public

15 Works of the Senate, and the Committee on Public

16 Works and Transportation and the Committee on

17 Merchant Marine and Fisheries of the House of

18 Representatives.

19 (b) ECONOMIC IMPACT STUDY.—Not later than 1

20 year after the date of enactment of this Act, the Under

21 Secretary, in consultation with the Administrator, the ap22 propriate officials of State and local governments, com23 mercial and recreational fisherman, and other interested

24 persons, shall submit to Congress a study that identifies,

25 evaluates, and quantifies the economic impacts of degrada-
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1 tion in the quality of marine waters (including degradation

2 attributable to floatables (as defined in section 502(25)

3 of the Federal Water Pollution Control Act, as added by

4 section 12(a))).

5 (c) ALGAL BLOOM STUDY.—

6 (1) IN GENERAL.—The Under Secretary shall

7 conduct a study of the impact that enhanced nitro8 gen levels in marine waters may have on stimulating

9 toxic algal blooms.

10 (2) REPORT.—Not later than 2 years after the

11 date of enactment of this Act, the Administrator

12 shall submit a report to Congress on the findings of

13 the study.

14 (d) RESEARCH OF MICROORGANISMS.—Not later

15 than 2 years after the date of enactment of this Act, the

16 Administrator shall submit to Congress a report on the

17 potential use of microorganisms to degrade pollutants (in18 cluding organic material and chemical pollutants) in mu19 nicipal or industrial wastes before and after disposal in

20 the marine environment.

21 (e) IDENTIFICATION OF UNREGULATED CONTAMI22 NANTS.—

23 (1) IN GENERAL.—The Administrator shall con24 duct such research and monitoring as the Adminis25 trator determines to be necessary to identify unregu-
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1 lated pollutants in marine waters that are not ad2 dressed in a guideline, criteria, standard, or require3 ment developed pursuant to title III of the Federal

4 Water Pollution Control Act (33 U.S.C. 1251 et

5 seq.).

6 (2) REPORT.—Not later than 1 year after the

7 date of enactment of this Act, the Administrator

8 shall submit to Congress a report that—

9 (A) identifies unregulated pollutants in

10 marine waters; and

11 (B) provides a plan that includes specific

12 actions and recommendations for establishing

13 controls over the pollutants through the pollu14 tion control authorities of the Federal Water

15 Pollution Control Act (33 U.S.C. 1251 et seq.).

Æ

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