II 

Calendar No. 191 

113TH CONGRESS 

1ST SESSION S. 1514 

To save coal jobs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 17, 2013 

Mr. MCCONNELL introduced the following bill; which was read the first time 

SEPTEMBER 18, 2013 

Read the second time and placed on the calendar 

A BILL 

To save coal jobs, 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. 

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

5 ‘‘Saving Coal Jobs Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROHIBITION ON ENERGY TAX 

Sec. 101. Prohibition on energy tax. 


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TITLE II—PERMITS 

Sec. 201. National pollutant discharge elimination system. 

Sec. 202. Permits for dredged or fill material. 

Sec. 203. Impacts of Environmental Protection Agency regulatory activity on 

employment and economic activity. 

Sec. 204. Identification of waters protected by the Clean Water Act. 

Sec. 205. Limitations on authority to modify State water quality standards. 

Sec. 206. State authority to identify waters within boundaries of the State. 

1 TITLE I—PROHIBITION ON 

2 ENERGY TAX 

3 SEC. 101. PROHIBITION ON ENERGY TAX. 

4 (a) FINDINGS; PURPOSES.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) on June 25, 2013, President Obama 

7 issued a Presidential memorandum directing 

8 the Administrator of the Environmental Protec9 tion Agency to issue regulations relating to 

10 power sector carbon pollution standards for ex11 isting coal fired power plants; 

12 (B) the issuance of that memorandum cir13 cumvents Congress and the will of the people of 

14 the United States; 

15 (C) any action to control emissions of 

16 greenhouse gases from existing coal fired power 

17 plants in the United States by mandating a na18 tional energy tax would devastate major sectors 

19 of the economy, cost thousands of jobs, and in20 crease energy costs for low-income households, 

21 small businesses, and seniors on fixed income; 


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1 (D) joblessness increases the likelihood of 

2 hospital visits, illnesses, and premature deaths; 

3 (E) according to testimony on June 15, 

4 2011, before the Committee on Environment 

5 and Public Works of the Senate by Dr. Harvey 

6 Brenner of Johns Hopkins University, ‘‘The 

7 unemployment rate is well established as a risk 

8 factor for elevated illness and mortality rates in 

9 epidemiological studies performed since the 

10 early 1980s. In addition to influences on mental 

11 disorder, suicide and alcohol abuse and alco12 holism, unemployment is also an important risk 

13 factor in cardiovascular disease and overall de14 creases in life expectancy.’’; 

15 (F) according to the National Center for 

16 Health Statistics, ‘‘children in poor families 

17 were four times as likely to be in fair or poor 

18 health as children that were not poor’’; 

19 (G) any major decision that would cost the 

20 economy of the United States millions of dollars 

21 and lead to serious negative health effects for 

22 the people of the United States should be de23 bated and explicitly authorized by Congress, not 

24 approved by a Presidential memorandum or 

25 regulations; and 


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1 (H) any policy adopted by Congress should 

2 make United States energy as clean as prac3 ticable, as quickly as practicable, without in4 creasing the cost of energy for struggling fami5 lies, seniors, low-income households, and small 

6 businesses. 

7 (2) PURPOSES.—The purposes of this section 

8 are— 

9 (A) to ensure that— 

10 (i) a national energy tax is not im11 posed on the economy of the United 

12 States; and 

13 (ii) struggling families, seniors, low14 income households, and small businesses 

15 do not experience skyrocketing electricity 

16 bills and joblessness; 

17 (B) to protect the people of the United 

18 States, particularly families, seniors, and chil19 dren, from the serious negative health effects of 

20 joblessness; 

21 (C) to allow sufficient time for Congress to 

22 develop and authorize an appropriate mecha23 nism to address the energy needs of the United 

24 States and the potential challenges posed by se25 vere weather; and 


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1 (D) to restore the legislative process and 

2 congressional authority over the energy policy 

3 of the United States. 

4 (b) PRESIDENTIAL MEMORANDUM.—Notwith5 standing any other provision of law, the head of a Federal 

6 agency shall not promulgate any regulation relating to 

7 power sector carbon pollution standards or any substan8 tially similar regulation on or after June 25, 2013, unless 

9 that regulation is explicitly authorized by an Act of Con10 gress. 

11 TITLE II—PERMITS 

12 SEC. 201. NATIONAL POLLUTANT DISCHARGE ELIMINATION 

13 SYSTEM. 

14 (a) APPLICABILITY OF GUIDANCE.—Section 402 of 

15 the Federal Water Pollution Control Act (33 U.S.C. 1342) 

16 is amended by adding at the end the following: 

17 ‘‘(s) APPLICABILITY OF GUIDANCE.— 

18 ‘‘(1) DEFINITIONS.—In this subsection: 

19 ‘‘(A) GUIDANCE.— 

20 ‘‘(i) IN GENERAL.—The term ‘guid21 ance’ means draft, interim, or final guid22 ance issued by the Administrator. 

23 ‘‘(ii) INCLUSIONS.—The term ‘guid24 ance’ includes— 


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1 ‘‘(I) the comprehensive guidance 

2 issued by the Administrator and dated 

3 April 1, 2010; 

4 ‘‘(II) the proposed guidance enti5 tled ‘Draft Guidance on Identifying 

6 Waters Protected by the Clean Water 

7 Act’ and dated April 28, 2011; 

8 ‘‘(III) the final guidance pro9 posed by the Administrator and dated 

10 July 21, 2011; and 

11 ‘‘(IV) any other document or 

12 paper issued by the Administrator 

13 through any process other than the 

14 notice and comment rulemaking proc15 ess. 

16 ‘‘(B) NEW PERMIT.—The term ‘new per17 mit’ means a permit covering discharges from a 

18 structure— 

19 ‘‘(i) that is issued under this section 

20 by a permitting authority; and 

21 ‘‘(ii) for which an application is— 

22 ‘‘(I) pending as of the date of en23 actment of this subsection; or 

24 ‘‘(II) filed on or after the date of 

25 enactment of this subsection. 


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1 ‘‘(C) PERMITTING AUTHORITY.—The term 

2 ‘permitting authority’ means— 

3 ‘‘(i) the Administrator; or 

4 ‘‘(ii) a State, acting pursuant to a 

5 State program that is equivalent to the 

6 program under this section and approved 

7 by the Administrator. 

8 ‘‘(2) PERMITS.— 

9 ‘‘(A) IN GENERAL.—Notwithstanding any 

10 other provision of law, in making a determina11 tion whether to approve a new permit or a re12 newed permit, the permitting authority— 

13 ‘‘(i) shall base the determination only 

14 on compliance with regulations issued by 

15 the Administrator or the permitting au16 thority; and 

17 ‘‘(ii) shall not base the determination 

18 on the extent of adherence of the applicant 

19 for the new permit or renewed permit to 

20 guidance. 

21 ‘‘(B) NEW PERMITS.—If the permitting 

22 authority does not approve or deny an applica23 tion for a new permit by the date that is 270 

24 days after the date of receipt of the application 

25 for the new permit, the applicant may operate 


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1 as if the application were approved in accord2 ance with Federal law for the period of time for 

3 which a permit from the same industry would 

4 be approved. 

5 ‘‘(C) SUBSTANTIAL COMPLETENESS.—In 

6 determining whether an application for a new 

7 permit or a renewed permit received under this 

8 paragraph is substantially complete, the permit9 ting authority shall use standards for deter10 mining substantial completeness of similar per11 mits for similar facilities submitted in fiscal 

12 year 2007.’’. 

13 (b) STATE PERMIT PROGRAMS.— 

14 (1) IN GENERAL.—Section 402 of the Federal 

15 Water Pollution Control Act (33 U.S.C. 1342) is 

16 amended by striking subsection (b) and inserting the 

17 following: 

18 ‘‘(b) STATE PERMIT PROGRAMS.— 

19 ‘‘(1) IN GENERAL.—At any time after the pro20 mulgation of the guidelines required by section 

21 304(a)(2), the Governor of each State desiring to 

22 administer a permit program for discharges into 

23 navigable waters within the jurisdiction of the State 

24 may submit to the Administrator— 


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1 ‘‘(A) a full and complete description of the 

2 program the State proposes to establish and ad3 minister under State law or under an interstate 

4 compact; and 

5 ‘‘(B) a statement from the attorney gen6 eral (or the attorney for those State water pol7 lution control agencies that have independent 

8 legal counsel), or from the chief legal officer in 

9 the case of an interstate agency, that the laws 

10 of the State, or the interstate compact, as ap11 plicable, provide adequate authority to carry out 

12 the described program. 

13 ‘‘(2) APPROVAL.—The Administrator shall ap14 prove each program for which a description is sub15 mitted under paragraph (1) unless the Adminis16 trator determines that adequate authority does not 

17 exist— 

18 ‘‘(A) to issue permits that— 

19 ‘‘(i) apply, and ensure compliance 

20 with, any applicable requirements of sec21 tions 301, 302, 306, 307, and 403; 

22 ‘‘(ii) are for fixed terms not exceeding 

23 5 years; 

24 ‘‘(iii) can be terminated or modified 

25 for cause, including— 


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1 ‘‘(I) a violation of any condition 

2 of the permit; 

3 ‘‘(II) obtaining a permit by mis4 representation or failure to disclose 

5 fully all relevant facts; and 

6 ‘‘(III) a change in any condition 

7 that requires either a temporary or 

8 permanent reduction or elimination of 

9 the permitted discharge; and 

10 ‘‘(iv) control the disposal of pollutants 

11 into wells; 

12 ‘‘(B)(i) to issue permits that apply, and 

13 ensure compliance with, all applicable require14 ments of section 308; or 

15 ‘‘(ii) to inspect, monitor, enter, and require 

16 reports to at least the same extent as required 

17 in section 308; 

18 ‘‘(C) to ensure that the public, and any 

19 other State the waters of which may be af20 fected, receives notice of each application for a 

21 permit and an opportunity for a public hearing 

22 before a ruling on each application; 

23 ‘‘(D) to ensure that the Administrator re24 ceives notice and a copy of each application for 

25 a permit; 


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1 ‘‘(E) to ensure that any State (other than 

2 the permitting State), whose waters may be af3 fected by the issuance of a permit may submit 

4 written recommendations to the permitting 

5 State and the Administrator with respect to any 

6 permit application and, if any part of the writ7 ten recommendations are not accepted by the 

8 permitting State, that the permitting State will 

9 notify the affected State and the Administrator 

10 in writing of the failure of the State to accept 

11 the recommendations, including the reasons for 

12 not accepting the recommendations; 

13 ‘‘(F) to ensure that no permit will be 

14 issued if, in the judgment of the Secretary of 

15 the Army (acting through the Chief of Engi16 neers), after consultation with the Secretary of 

17 the department in which the Coast Guard is op18 erating, anchorage and navigation of any of the 

19 navigable waters would be substantially im20 paired by the issuance of the permit; 

21 ‘‘(G) to abate violations of the permit or 

22 the permit program, including civil and criminal 

23 penalties and other means of enforcement; 

24 ‘‘(H) to ensure that any permit for a dis25 charge from a publicly owned treatment works 


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1 includes conditions to require the identification 

2 in terms of character and volume of pollutants 

3 of any significant source introducing pollutants 

4 subject to pretreatment standards under section 

5 307(b) into the treatment works and a program 

6 to ensure compliance with those pretreatment 

7 standards by each source, in addition to ade8 quate notice, which shall include information on 

9 the quality and quantity of effluent to be intro10 duced into the treatment works and any antici11 pated impact of the change in the quantity or 

12 quality of effluent to be discharged from the 

13 publicly owned treatment works, to the permit14 ting agency of— 

15 ‘‘(i) new introductions into the treat16 ment works of pollutants from any source 

17 that would be a new source (as defined in 

18 section 306(a)) if the source were dis19 charging pollutants; 

20 ‘‘(ii) new introductions of pollutants 

21 into the treatment works from a source 

22 that would be subject to section 301 if the 

23 source were discharging those pollutants; 

24 or 


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1 ‘‘(iii) a substantial change in volume 

2 or character of pollutants being introduced 

3 into the treatment works by a source intro4 ducing pollutants into the treatment works 

5 at the time of issuance of the permit; and 

6 ‘‘(I) to ensure that any industrial user of 

7 any publicly owned treatment works will comply 

8 with sections 204(b), 307, and 308. 

9 ‘‘(3) ADMINISTRATION.—Notwithstanding para10 graph (2), the Administrator may not disapprove or 

11 withdraw approval of a program under this sub12 section on the basis of the following: 

13 ‘‘(A) The failure of the program to incor14 porate or comply with guidance (as defined in 

15 subsection (s)(1)). 

16 ‘‘(B) The implementation of a water qual17 ity standard that has been adopted by the State 

18 and approved by the Administrator under sec19 tion 303(c).’’. 

20 (2) CONFORMING AMENDMENTS.— 

21 (A) Section 309 of the Federal Water Pol22 lution Control Act (33 U.S.C. 1319) is amend23 ed— 

24 (i) in subsection (c)— 


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1 (I) in paragraph (1)(A), by strik2 ing ‘‘402(b)(8)’’ and inserting 

3 ‘‘402(b)(2)(H)’’; and 

4 (II) in paragraph (2)(A), by 

5 striking ‘‘402(b)(8)’’ and inserting 

6 ‘‘402(b)(2)(H)’’; and 

7 (ii) in subsection (d), in the first sen8 tence, by striking ‘‘402(b)(8)’’ and insert9 ing ‘‘402(b)(2)(H)’’. 

10 (B) Section 402(m) of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1342(m)) is 

12 amended in the first sentence by striking ‘‘sub13 section (b)(8) of this section’’ and inserting 

14 ‘‘subsection (b)(2)(H)’’. 

15 (c) SUSPENSION OF FEDERAL PROGRAM.—Section 

16 402(c) of the Federal Water Pollution Control Act (33 

17 U.S.C. 1342(c)) is amended— 

18 (1) by redesignating paragraph (4) as para19 graph (5); and 

20 (2) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith23 standing paragraphs (1) through (3), the Adminis24 trator may not disapprove or withdraw approval of 


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1 a State program under subsection (b) on the basis 

2 of the failure of the following: 

3 ‘‘(A) The failure of the program to incor4 porate or comply with guidance (as defined in 

5 subsection (s)(1)). 

6 ‘‘(B) The implementation of a water qual7 ity standard that has been adopted by the State 

8 and approved by the Administrator under sec9 tion 303(c).’’. 

10 (d) NOTIFICATION OF ADMINISTRATOR.—Section 

11 402(d)(2) of the Federal Water Pollution Control Act (33 

12 U.S.C. 1342(d)(2)) is amended— 

13 (1) by striking ‘‘(2)’’ and all that follows 

14 through the end of the first sentence and inserting 

15 the following: 

16 ‘‘(2) OBJECTION BY ADMINISTRATOR.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (C), no permit shall issue if— 

19 ‘‘(i) not later than 90 days after the 

20 date on which the Administrator receives 

21 notification under subsection (b)(2)(E), the 

22 Administrator objects in writing to the 

23 issuance of the permit; or 

24 ‘‘(ii) not later than 90 days after the 

25 date on which the proposed permit of the 


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1 State is transmitted to the Administrator, 

2 the Administrator objects in writing to the 

3 issuance of the permit as being outside the 

4 guidelines and requirements of this Act.’’; 

5 (2) in the second sentence, by striking ‘‘When6 ever the Administrator’’ and inserting the following: 

7 ‘‘(B) REQUIREMENTS.—If the Adminis8 trator’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(C) EXCEPTION.—The Administrator 

11 shall not object to or deny the issuance of a 

12 permit by a State under subsection (b) or (s) 

13 based on the following: 

14 ‘‘(i) Guidance, as that term is defined 

15 in subsection (s)(1). 

16 ‘‘(ii) The interpretation of the Admin17 istrator of a water quality standard that 

18 has been adopted by the State and ap19 proved by the Administrator under section 

20 303(c).’’. 

21 SEC. 202. PERMITS FOR DREDGED OR FILL MATERIAL. 

22 (a) IN GENERAL.—Section 404 of the Federal Water 

23 Pollution Control Act (33 U.S.C. 1344) is amended— 


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1 (1) by striking the section heading and all that 

2 follows through ‘‘SEC. 404. (a) The Secretary may 

3 issue’’ and inserting the following: 

4 ‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL. 

5 ‘‘(a) PERMITS.— 

6 ‘‘(1) IN GENERAL.—The Secretary may issue’’; 

7 and 

8 (2) in subsection (a), by adding at the end the 

9 following: 

10 ‘‘(2) DEADLINE FOR APPROVAL.— 

11 ‘‘(A) PERMIT APPLICATIONS.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), if an environmental as14 sessment or environmental impact state15 ment, as appropriate, is required under the 

16 National Environmental Policy Act of 

17 1969 (42 U.S.C. 4321 et seq.), the Sec18 retary shall— 

19 ‘‘(I) begin the process not later 

20 than 90 days after the date on which 

21 the Secretary receives a permit appli22 cation; and 

23 ‘‘(II) approve or deny an applica24 tion for a permit under this sub25 section not later than the latter of— 


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1 ‘‘(aa) if an agency carries 

2 out an environmental assessment 

3 that leads to a finding of no sig4 nificant impact, the date on 

5 which the finding of no signifi6 cant impact is issued; or 

7 ‘‘(bb) if an agency carries 

8 out an environmental assessment 

9 that leads to a record of decision, 

10 15 days after the date on which 

11 the record of decision on an envi12 ronmental impact statement is 

13 issued. 

14 ‘‘(ii) PROCESSES.—Notwithstanding 

15 clause (i), regardless of whether the Sec16 retary has commenced an environmental 

17 assessment or environmental impact state18 ment by the date described in clause (i)(I), 

19 the following deadlines shall apply: 

20 ‘‘(I) An environmental assess21 ment carried out under the National 

22 Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.) shall be com24 pleted not later than 1 year after the 


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1 deadline for commencing the permit 

2 process under clause (i)(I). 

3 ‘‘(II) An environmental impact 

4 statement carried out under the Na5 tional Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.) shall 

7 be completed not later than 2 years 

8 after the deadline for commencing the 

9 permit process under clause (i)(I). 

10 ‘‘(B) FAILURE TO ACT.—If the Secretary 

11 fails to act by the deadline specified in clause 

12 (i) or (ii) of subparagraph (A)— 

13 ‘‘(i) the application, and the permit 

14 requested in the application, shall be con15 sidered to be approved; 

16 ‘‘(ii) the Secretary shall issue a permit 

17 to the applicant; and 

18 ‘‘(iii) the permit shall not be subject 

19 to judicial review.’’. 

20 (b) STATE PERMITTING PROGRAMS.—Section 404 of 

21 the Federal Water Pollution Control Act (33 U.S.C. 1344) 

22 is amended by striking subsection (c) and inserting the 

23 following: 

24 ‘‘(c) AUTHORITY OF ADMINISTRATOR.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

2 through (4), until the Secretary has issued a permit 

3 under this section, the Administrator is authorized 

4 to prohibit the specification (including the with5 drawal of specification) of any defined area as a dis6 posal site, and deny or restrict the use of any de7 fined area for specification (including the withdrawal 

8 of specification) as a disposal site, if the Adminis9 trator determines, after notice and opportunity for 

10 public hearings, that the discharge of the materials 

11 into the area will have an unacceptable adverse ef12 fect on municipal water supplies, shellfish beds or 

13 fishery areas (including spawning and breeding 

14 areas), wildlife, or recreational areas. 

15 ‘‘(2) CONSULTATION.—Before making a deter16 mination under paragraph (1), the Administrator 

17 shall consult with the Secretary. 

18 ‘‘(3) FINDINGS.—The Administrator shall set 

19 forth in writing and make public the findings of the 

20 Administrator and the reasons of the Administrator 

21 for making any determination under this subsection. 

22 ‘‘(4) AUTHORITY OF STATE PERMITTING PRO23 GRAMS.—This subsection shall not apply to any per24 mit if the State in which the discharge originates or 

25 will originate does not concur with the determination 


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1 of the Administrator that the discharge will result in 

2 an unacceptable adverse effect as described in para3 graph (1).’’. 

4 (c) STATE PROGRAMS.—Section 404(g)(1) of the 

5 Federal Water Pollution Control Act (33 U.S.C. 

6 1344(g)(1)) is amended in the first sentence by striking 

7 ‘‘for the discharge’’ and inserting ‘‘for all or part of the 

8 discharges’’. 

9 SEC. 203. IMPACTS OF ENVIRONMENTAL PROTECTION 

10 AGENCY REGULATORY ACTIVITY ON EMPLOY11 MENT AND ECONOMIC ACTIVITY. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ADMINISTRATOR.—The term ‘‘Adminis14 trator’’ means the Administrator of the Environ15 mental Protection Agency. 

16 (2) COVERED ACTION.—The term ‘‘covered ac17 tion’’ means any of the following actions taken by 

18 the Administrator under the Federal Water Pollu19 tion Control Act (33 U.S.C. 1251 et seq.): 

20 (A) Issuing a regulation, policy statement, 

21 guidance, response to a petition, or other re22 quirement. 

23 (B) Implementing a new or substantially 

24 altered program. 


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1 (3) MORE THAN A DE MINIMIS NEGATIVE IM2 PACT.—The term ‘‘more than a de minimis negative 

3 impact’’ means the following: 

4 (A) With respect to employment levels, a 

5 loss of more than 100 jobs, except that any off6 setting job gains that result from the hypo7 thetical creation of new jobs through new tech8 nologies or government employment may not be 

9 used in the job loss calculation. 

10 (B) With respect to economic activity, a 

11 decrease in economic activity of more than 

12 $1,000,000 over any calendar year, except that 

13 any offsetting economic activity that results 

14 from the hypothetical creation of new economic 

15 activity through new technologies or govern16 ment employment may not be used in the eco17 nomic activity calculation. 

18 (b) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY19 MENT AND ECONOMIC ACTIVITY.— 

20 (1) ANALYSIS.—Before taking a covered action, 

21 the Administrator shall analyze the impact, 

22 disaggregated by State, of the covered action on em23 ployment levels and economic activity, including esti24 mated job losses and decreased economic activity. 

25 (2) ECONOMIC MODELS.— 


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1 (A) IN GENERAL.—In carrying out para2 graph (1), the Administrator shall use the best 

3 available economic models. 

4 (B) ANNUAL GAO REPORT.—Not later 

5 than December 31st of each year, the Comp6 troller General of the United States shall sub7 mit to Congress a report on the economic mod8 els used by the Administrator to carry out this 

9 subsection. 

10 (3) AVAILABILITY OF INFORMATION.—With re11 spect to any covered action, the Administrator 

12 shall— 

13 (A) post the analysis under paragraph (1) 

14 as a link on the main page of the public Inter15 net Web site of the Environmental Protection 

16 Agency; and 

17 (B) request that the Governor of any State 

18 experiencing more than a de minimis negative 

19 impact post the analysis in the Capitol of the 

20 State. 

21 (c) PUBLIC HEARINGS.— 

22 (1) IN GENERAL.—If the Administrator con23 cludes under subsection (b)(1) that a covered action 

24 will have more than a de minimis negative impact on 

25 employment levels or economic activity in a State, 


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1 the Administrator shall hold a public hearing in each 

2 such State at least 30 days prior to the effective 

3 date of the covered action. 

4 (2) TIME, LOCATION, AND SELECTION.— 

5 (A) IN GENERAL.—A public hearing re6 quired under paragraph (1) shall be held at a 

7 convenient time and location for impacted resi8 dents. 

9 (B) PRIORITY.—In selecting a location for 

10 such a public hearing, the Administrator shall 

11 give priority to locations in the State that will 

12 experience the greatest number of job losses. 

13 (d) NOTIFICATION.—If the Administrator concludes 

14 under subsection (b)(1) that a covered action will have 

15 more than a de minimis negative impact on employment 

16 levels or economic activity in any State, the Administrator 

17 shall give notice of such impact to the congressional dele18 gation, Governor, and legislature of the State at least 45 

19 days before the effective date of the covered action. 

20 SEC. 204. IDENTIFICATION OF WATERS PROTECTED BY THE 

21 CLEAN WATER ACT. 

22 (a) IN GENERAL.—The Secretary of the Army and 

23 the Administrator of the Environmental Protection Agen24 cy may not— 


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1 (1) finalize, adopt, implement, administer, or 

2 enforce the proposed guidance described in the no3 tice of availability and request for comments entitled 

4 ‘‘EPA and Army Corps of Engineers Guidance Re5 garding Identification of Waters Protected by the 

6 Clean Water Act’’ (EPA–HQ–OW–2011–0409) (76 

7 Fed. Reg. 24479 (May 2, 2011)); and 

8 (2) use the guidance described in paragraph 

9 (1), any successor document, or any substantially 

10 similar guidance made publicly available on or after 

11 December 3, 2008, as the basis for any decision re12 garding the scope of the Federal Water Pollution 

13 Control Act (33 U.S.C. 1251 et seq.) or any rule14 making. 

15 (b) RULES.—The use of the guidance described in 

16 subsection (a)(1), or any successor document or substan17 tially similar guidance made publicly available on or after 

18 December 3, 2008, as the basis for any rule shall be 

19 grounds for vacating the rule. 

20 SEC. 205. LIMITATIONS ON AUTHORITY TO MODIFY STATE 

21 WATER QUALITY STANDARDS. 

22 (a) STATE WATER QUALITY STANDARDS.—Section 

23 303(c)(4) of the Federal Water Pollution Control Act (33 

24 U.S.C. 1313(c)(4)) is amended— 


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1 (1) by redesignating subparagraphs (A) and 

2 (B) as clauses (i) and (ii), respectively, and indent3 ing appropriately; 

4 (2) by striking ‘‘(4) The’’ and inserting the fol5 lowing: 

6 ‘‘(4) PROMULGATION OF REVISED OR NEW

7 STANDARDS.— 

8 ‘‘(A) IN GENERAL.—The’’; 

9 (3) by striking ‘‘The Administrator shall pro10 mulgate’’ and inserting the following: 

11 ‘‘(B) DEADLINE.—The Administrator shall 

12 promulgate;’’ and 

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

14 ‘‘(C) STATE WATER QUALITY STAND15 ARDS.—Notwithstanding any other provision of 

16 this paragraph, the Administrator may not pro17 mulgate a revised or new standard for a pollut18 ant in any case in which the State has sub19 mitted to the Administrator and the Adminis20 trator has approved a water quality standard 

21 for that pollutant, unless the State concurs with 

22 the determination of the Administrator that the 

23 revised or new standard is necessary to meet 

24 the requirements of this Act.’’. 


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27 

•S 1514 PCS

1 (b) FEDERAL LICENSES AND PERMITS.—Section 

2 401(a) of the Federal Water Pollution Control Act (33 

3 U.S.C. 1341(a)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(7) STATE OR INTERSTATE AGENCY DETER6 MINATION.—With respect to any discharge, if a 

7 State or interstate agency having jurisdiction over 

8 the navigable waters at the point at which the dis9 charge originates or will originate determines under 

10 paragraph (1) that the discharge will comply with 

11 the applicable provisions of sections 301, 302, 303, 

12 306, and 307, the Administrator may not take any 

13 action to supersede the determination.’’. 

14 SEC. 206. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 

15 BOUNDARIES OF THE STATE. 

16 Section 303(d) of the Federal Water Pollution Con17 trol Act (33 U.S.C. 1313(d)) is amended by striking para18 graph (2) and inserting the following: 

19 ‘‘(2) STATE AUTHORITY TO IDENTIFY WATERS

20 WITHIN BOUNDARIES OF THE STATE.— 

21 ‘‘(A) IN GENERAL.—Each State shall sub22 mit to the Administrator from time to time, 

23 with the first such submission not later than 

24 180 days after the date of publication of the 

25 first identification of pollutants under section 


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1 304(a)(2)(D), the waters identified and the 

2 loads established under subparagraphs (A), (B), 

3 (C), and (D) of paragraph (1). 

4 ‘‘(B) APPROVAL OR DISAPPROVAL BY AD5 MINISTRATOR.— 

6 ‘‘(i) IN GENERAL.—Not later than 30 

7 days after the date of submission, the Ad8 ministrator shall approve the State identi9 fication and load or announce the disagree10 ment of the Administrator with the State 

11 identification and load. 

12 ‘‘(ii) APPROVAL.—If the Adminis13 trator approves the identification and load 

14 submitted by the State under this sub15 section, the State shall incorporate the 

16 identification and load into the current 

17 plan of the State under subsection (e). 

18 ‘‘(iii) DISAPPROVAL.—If the Adminis19 trator announces the disagreement of the 

20 Administrator with the identification and 

21 load submitted by the State under this 

22 subsection. the Administrator shall submit, 

23 not later than 30 days after the date that 

24 the Administrator announces the disagree25 ment of the Administrator with the subVerDate Mar 15 2010 21:59 Sep 18, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1514.PCS S1514

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1 mission of the State, to the State the writ2 ten recommendation of the Administrator 

3 of those additional waters that the Admin4 istrator identifies and such loads for such 

5 waters as the Administrator believes are 

6 necessary to implement the water quality 

7 standards applicable to the waters. 

8 ‘‘(C) ACTION BY STATE.—Not later than 

9 30 days after receipt of the recommendation of 

10 the Administrator, the State shall— 

11 ‘‘(i) disregard the recommendation of 

12 the Administrator in full and incorporate 

13 its own identification and load into the 

14 current plan of the State under subsection 

15 (e); 

16 ‘‘(ii) accept the recommendation of 

17 the Administrator in full and incorporate 

18 its identification and load as amended by 

19 the recommendation of the Administrator 

20 into the current plan of the State under 

21 subsection (e); or 

22 ‘‘(iii) accept the recommendation of 

23 the Administrator in part, identifying cer24 tain additional waters and certain addi25 tional loads proposed by the Administrator 


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1 to be added to the State’s identification 

2 and load and incorporate the State’s iden3 tification and load as amended into the 

4 current plan of the State under subsection 

5 (e). 

6 ‘‘(D) NONCOMPLIANCE BY ADMINIS7 TRATOR.— 

8 ‘‘(i) IN GENERAL.—If the Adminis9 trator fails to approve the State identifica10 tion and load or announce the disagree11 ment of the Administrator with the State 

12 identification and load within the time 

13 specified in this subsection— 

14 ‘‘(I) the identification and load of 

15 the State shall be considered ap16 proved; and 

17 ‘‘(II) the State shall incorporate 

18 the identification and load that the 

19 State submitted into the current plan 

20 of the State under subsection (e). 

21 ‘‘(ii) RECOMMENDATIONS NOT SUB22 MITTED.—If the Administrator announces 

23 the disagreement of the Administrator with 

24 the identification and load of the State but 

25 fails to submit the written recommendation 


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1 of the Administrator to the State within 30 

2 days as required by subparagraph 

3 (B)(iii)— 

4 ‘‘(I) the identification and load of 

5 the State shall be considered ap6 proved; and 

7 ‘‘(II) the State shall incorporate 

8 the identification and load that the 

9 State submitted into the current plan 

10 of the State under subsection (e). 

11 ‘‘(E) APPLICATION.—This section shall 

12 apply to any decision made by the Adminis13 trator under this subsection issued on or after 

14 March 1, 2013.’’. 


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Calendar No. 191 

113TH CONGRESS 

1ST SESSION S. 1514 

A BILL 

To save coal jobs, and for other purposes. 

SEPTEMBER 18, 2013 

Read the second time and placed on the calendar 


tkelley on DSK3SPTVN1PROD with BILLS