I

103D CONGRESS

2D SESSION H. R. 3948

To amend the Federal Water Pollution Control Act.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1994

Mr. MINETA (for himself and Mr. BOEHLERT) introduced the following bill;

which was referred to the Committee on Public Works and Transportation

A BILL

To amend the Federal Water Pollution Control Act.

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 ‘‘Water Quality Act of 1994’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definition.

Sec. 3. Amendment of Federal Water Pollution Control Act.

TITLE I—RESEARCH AND RELATED PROGRAMS

Sec. 101. National goals and policies.
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TITLE II—CONSTRUCTION GRANTS

Sec. 201. Uses of funds.

Sec. 202. Recovery of operation and maintenance costs.

Sec. 203. Sewage collection systems.

Sec. 204. Treatment works defined.

Sec. 205. Value engineering review.

Sec. 206. Grants for construction of treatment works.

TITLE III—STANDARDS AND ENFORCEMENT

Sec. 301. Innovative technology.

Sec. 302. Antidegradation.

Sec. 303. Mixing zones.

Sec. 304. Guidance on water quality standards for arid areas.

Sec. 305. Effluent limitations.

Sec. 306. Water quality reports.

Sec. 307. Citizen water quality monitoring program.

Sec. 308. Toxic pollutants.

Sec. 309. Federal enforcement.

Sec. 310. Federal facilities.

Sec. 311. Nonpoint source management programs.

Sec. 312. National estuary program.

Sec. 313. Pollution prevention.

Sec. 314. State watershed management programs.

TITLE IV—PERMITS AND LICENSES

Sec. 401. State permit programs.

Sec. 402. Stormwater discharge permits.

Sec. 403. Combined sewer overflows.

Sec. 404. Discharges into ground water.

Sec. 405. Beneficial use of biosolids.

TITLE V—GENERAL PROVISIONS

Sec. 501. Needs estimate.

Sec. 502. Emergency powers.

Sec. 503. Citizen suits.

Sec. 504. General program authorizations.

Sec. 505. Native American programs.

TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING

FUNDS

Sec. 601. Water use efficiency measures.

Sec. 602. Guidance for small communities.

Sec. 603. Types of assistance.

Sec. 604. Allotment of funds.

Sec. 605. Authorization of appropriations.

TITLE VII—MISCELLANEOUS PROVISIONS

Sec. 701. Financial assistance for international wastewater treatment facilities.

Sec. 702. Wastewater service for colonias.

Sec. 703. Pollution from mobile sources.

Sec. 704. Technical amendments.
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1 SEC. 2. DEFINITION.

2 In this Act, the term ‘‘Administrator’’ means the

3 ‘‘Administrator of the Environmental Protection Agency’’.

4 SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CON5 TROL ACT.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a

10 section or other provision of the Federal Water Pollution

11 Control Act (33 U.S.C. 1251–1387).

12 TITLE I—RESEARCH AND

13 RELATED PROGRAMS

14 SEC. 101. NATIONAL GOALS AND POLICIES.

15 (a) POLLUTION PREVENTION.—Section 101(a) (33

16 U.S.C. 1251(a)) is amended—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (6);

19 (2) by striking the period at the end of para20 graph (7) and inserting a semicolon; and

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

22 ‘‘(8) it is the national policy that pollution of

23 navigable waters should be prevented and reduced at

24 the source of the pollution whenever feasible;’’.
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1 (b) FISHABLE, SWIMMABLE, AND DRINKABLE.—Sec2 tion 101(a) is further amended by adding at the end the

3 following:

4 ‘‘(9) it is the national policy that the Nation’s

5 waters achieve a level of quality appropriate as a

6 source of water for human consumption;’’.

7 (c) GROUND WATER.—Section 101(a) is further

8 amended by adding at the end the following:

9 ‘‘(10) it is the national policy to protect, in an

10 integrated manner, the quality of the Nation’s wa11 ters, including ground water that has a direct hydro12 logic connection to surface water;’’.

13 (d) RECLAMATION AND REUSE.—

14 (1) RECLAMATION.—Section 101(a)(4) is

15 amended by inserting after ‘‘works’’ the following:

16 ‘‘and to reclaim waste water from municipal and in17 dustrial sources’’.

18 (2) BENEFICIAL REUSE.—Section 101(a) is fur19 ther amended by adding at the end the following:

20 ‘‘(11) it is the national policy that beneficial

21 reuse of waste water effluent, residuals, and byprod22 ucts be encouraged to the fullest extent possible;

23 and’’.

24 (e) WATER USE EFFICIENCY.—Section 101(a) is fur25 ther amended by adding at the end the following:
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1 ‘‘(12) it is the national policy that water use ef2 ficiency be encouraged to the fullest extent pos3 sible.’’.

4 TITLE II—CONSTRUCTION

5 GRANTS

6 SEC. 201. USES OF FUNDS.

7 (a) REMOVAL OF LIMITATION.—Section 201(g)(1)

8 (33 U.S.C. 1281(g)(1)) is amended by striking the period

9 at the end of the first sentence and all that follows

10 through the period at the end of the last sentence and

11 inserting the following: ‘‘and for any purpose for which

12 a grant may be made under sections 319(h) and 319(i)

13 of this Act (including any innovative and alternative ap14 proaches for the control of nonpoint sources of pollu15 tion).’’.

16 (b) CONSIDERATION OF WATER USE EFFICIENCY.—

17 Section 201(g)(2) (33 U.S.C. 201(g)(2)) is amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (A);

20 (2) by striking the period at the end of sub21 paragraph (B) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following new sub23 paragraph:
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1 ‘‘(C) water use efficiency options have been

2 studied and evaluated and, to the extent practicable

3 and cost effective, implemented.’’.

4 SEC. 202. RECOVERY OF OPERATION AND MAINTENANCE

5 COSTS.

6 Section 204(b)(1) (33 U.S.C. 1284(b)(1)) is amended

7 by striking ‘‘and (B)’’ and inserting the following: ‘‘(B)

8 has adopted or will adopt a system of charges that will

9 recover the costs of operation and maintenance (including

10 replacement and rehabilitation) of treatment works within

11 the applicant’s jurisdiction; and (C)’’.

12 SEC. 203. SEWAGE COLLECTION SYSTEMS.

13 Section 211(a) (33 U.S.C. 1291(a)) is amended—

14 (1) in clause (1) by striking ‘‘an existing collec15 tion system’’ and inserting ‘‘a collection system ex16 isting on the date of the enactment of the Water

17 Quality Act of 1994’’;

18 (2) in clause (2) by striking ‘‘an existing com19 munity’’ and inserting ‘‘a community existing on

20 such date of enactment’’; and

21 (3) in clause (2) by inserting after ‘‘sufficient

22 existing’’ the following: ‘‘on such date of enact23 ment’’.
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1 SEC. 204. TREATMENT WORKS DEFINED.

2 (a) INCLUSION OF OTHER LANDS.—Section

3 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended—

4 (1) by striking ‘‘any works, including site’’;

5 (2) by striking ‘‘is used for ultimate’’ and in6 serting ‘‘will be used for ultimate’’; and

7 (3) by inserting before the period at the end the

8 following: ‘‘and acquisition of other lands, and inter9 ests in lands, which are necessary for construction’’.

10 (b) POLICY ON COST EFFECTIVENESS.—Section

11 218(a) (33 U.S.C. 1298(a)) is amended by striking ‘‘com12 bination of devices and systems’’ and all that follows

13 through ‘‘from such treatment;’’ and inserting ‘‘treatment

14 works;’’.

15 SEC. 205. VALUE ENGINEERING REVIEW.

16 Section 218(c) (33 U.S.C. 1298(c)) is amended by

17 striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.

18 SEC. 206. GRANTS FOR CONSTRUCTION OF TREATMENT

19 WORKS.

20 (a) GENERAL AUTHORITY.—The Administrator shall

21 make grants under title II of the Federal Water Pollution

22 Control Act for the purpose of constructing treatment

23 works to serve the following localities and in the following

24 amounts:

25 (1) Boston, Massachusetts, $153,000,000.

26 (2) New York, New York, $70,000,000.
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1 (3) Los Angeles, California, $50,000,000.

2 (4) Los Angeles County, California,

3 $50,000,000.

4 (5) Seattle, Washington, $35,000,000.

5 (6) Wayne County, Michigan, $82,000,000 for

6 the Rouge River National Wet Weather Demonstra7 tion Project.

8 (b) FUNDING.—The Administrator shall carry out

9 this section using amounts which were appropriated before

10 the date of the enactment of this Act and which are avail11 able for making grants described in subsection (a).

12 (c) BOSTON, MASSACHUSETTS.—

13 (1) GRANTS.—The Administrator may make

14 grants under title II of the Federal Water Pollution

15 Control Act to Boston, Massachusetts, for the pur16 pose of constructing treatment works.

17 (2) AUTHORIZATION OF APPROPRIATIONS.—

18 There is authorized to be appropriated to carry out

19 this subsection $100,000,000 for fiscal year 1995.

20 Such sums shall remain available until expended.

21 TITLE III—STANDARDS AND

22 ENFORCEMENT

23 SEC. 301. INNOVATIVE TECHNOLOGY.

24 Section 301(k) (33 U.S.C. 1311(k)) is amended—
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1 (1) by striking ‘‘lower costs’’ and all that fol2 lows through ‘‘achievable,’’ and inserting ‘‘reducing

3 the release of pollutants to other media,’’;

4 (2) by striking ‘‘a date’’ and inserting ‘‘a sched5 ule for compliance’’;

6 (3) by inserting ‘‘which includes a date for such

7 compliance’’ before ‘‘no later than’’; and

8 (4) by striking ‘‘two years’’ and inserting ‘‘3

9 years’’.

10 SEC. 302. ANTIDEGRADATION.

11 Section 303 (33 U.S.C. 1313) is amended—

12 (1) by redesignating subsections (f), (g), and

13 (h) as subsections (h), (i), and (j), respectively; and

14 (2) by inserting after subsection (e) the follow15 ing:

16 ‘‘(f) ANTIDEGRADATION POLICY.—

17 ‘‘(1) IN GENERAL.—Not later than the last day

18 of the 24-month period beginning on the date of the

19 enactment of this paragraph, each State shall de20 velop and submit to the Administrator for approval

21 a statewide antidegradation policy, including imple22 mentation procedures for such policy.

23 ‘‘(2) MINIMUM REQUIREMENTS.—An

24 antidegradation policy under this subsection shall, at

25 a minimum—
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1 ‘‘(A) identify existing instream water uses,

2 including any uses occurring on or after No3 vember 28, 1975, and provide for maintenance

4 and protection of water quality necessary to

5 protect such uses;

6 ‘‘(B) provide for maintenance and protec7 tion of the water quality of any waters the qual8 ity of which are in excess of the levels necessary

9 to support the protection and propagation of a

10 balanced population of fish, shellfish, and wild11 life, and recreation in and on the water;

12 ‘‘(C) provide that if the State finds, after

13 notice and opportunity for comment and full

14 satisfaction of the intergovernmental coordina15 tion provisions of the continuing planning proc16 ess of the State, that allowing a reduction in

17 the degree of water quality with respect to any

18 waters described in subparagraph (B) is nec19 essary to accommodate important economic or

20 social development in the area in which the wa21 ters are located, the State may reduce the level

22 of maintenance and protection required under

23 subparagraph (B) with respect to such waters

24 if the State notifies the Administrator of such
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1 finding and waiver at least 30 days before such

2 waiver takes effect and if the State—

3 ‘‘(i) ensures a degree of water quality

4 adequate to maintain and protect existing

5 uses (as described in subparagraph (A));

6 ‘‘(ii) ensures that all new and existing

7 point sources which discharge pollutants

8 into such waters, and each industrial user

9 introducing pollutants into a publicly

10 owned treatment works which discharges

11 pollutants into such waters, are subject to

12 all applicable requirements of this Act; and

13 ‘‘(iii) ensures that all new and existing

14 nonpoint sources within the State that af15 fect or are likely to affect the water quality

16 of such waters are subject to all applicable

17 requirements of this Act;

18 ‘‘(D) provide for establishment and imple19 mentation by the State of a program to main20 tain and protect any high quality waters which

21 the State designates as outstanding national re22 source waters; except that the State may allow

23 necessary short-term or temporary exceedances;

24 ‘‘(E) designate as outstanding national re25 source waters within the boundaries of the
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1 State all waters within a national park (other

2 than a park located in an urbanized area, as

3 defined by the Bureau of the Census of the De4 partment of Commerce) or national wilderness

5 area and any waters of exceptional recreational

6 or ecological significance; except that the State

7 may propose not to designate specific waters as

8 outstanding national resource waters, and the

9 Administrator may approve, after notice and

10 opportunity for comment, the proposal—

11 ‘‘(i) if the State demonstrates to the

12 satisfaction of the Administrator that the

13 designation would result in important so14 cial and economic harms; and

15 ‘‘(ii) if, in the case of waters located

16 within Federal lands, the Federal manager

17 of the lands concurs with the State pro18 posal;

19 ‘‘(F) allow any citizen of the State to peti20 tion the State for the designation of any waters

21 as outstanding national resource waters; and

22 ‘‘(G) provide that a permitting authority

23 under section 402 shall conduct an

24 antidegradation review for waters before issuing

25 or reissuing any permit under section 402 for
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1 a point source if such permit authorizes any

2 new, expanded, or increased discharge of a pol3 lutant into receiving waters; except that a re4 view shall not be required for an existing dis5 charge unless—

6 ‘‘(i) the discharger is proposing to in7 crease an existing effluent limitation under

8 its permit; or

9 ‘‘(ii) a new effluent limitation is re10 quired in the permit of the discharger for

11 a pollutant that was not previously sub12 jected to an effluent limitation in the per13 mit or addressed in the permit.

14 ‘‘(3) APPROVAL OR DISAPPROVAL.—

15 ‘‘(A) DEADLINE.—Subject to subpara16 graph (B), not later than 180 days after the

17 date of submission to the Administrator of any

18 antidegradation policy under this subsection,

19 the Administrator shall either approve or dis20 approve such policy. If the Administrator does

21 not disapprove a policy in such 180-day period,

22 such policy shall be deemed approved for pur23 poses of this subsection.

24 ‘‘(B) PROCEDURE FOR DISAPPROVAL.—If,

25 after notice and opportunity for public comment
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1 and consultation with appropriate Federal and

2 State agencies and other interested persons, the

3 Administrator determines that the proposed

4 policy does not meet the requirements of this

5 subsection or is not likely to satisfy the goals

6 and requirements of this Act, the Administrator

7 shall within 6 months of the receipt of the pro8 posed policy notify the State of any revisions or

9 modifications necessary to obtain approval. The

10 State shall thereupon have an additional 3

11 months to submit its revised policy and the Ad12 ministrator shall approve or disapprove such re13 vised policy within 3 months of receipt.

14 ‘‘(C) FAILURE OF STATE TO SUBMIT POL15 ICY.—If a State does not submit the policy re16 quired by paragraphs (1) and (2) within the 24-

17 month period beginning on the date of the en18 actment of this subparagraph, the Adminis19 trator shall, within 30 months after such date

20 of enactment, prepare an antidegradation policy

21 for such State which meets the requirements of

22 this subsection.

23 ‘‘(D) REPORT.—Upon completion of action

24 under subparagraph (C) and after notice and

25 opportunity for comment, the Administrator
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1 shall report to Congress on the actions taken by

2 the Administrator under subparagraph (C).

3 ‘‘(4) GUIDANCE.—Not later than 1 year after

4 the date of the enactment of this subparagraph, the

5 Administrator shall publish guidance for States to

6 assist in the designation and protection of outstand7 ing national resource waters, including a description

8 of necessary short-term or temporary exceedances of

9 the antidegradation policy with respect to such

10 waters.’’.

11 SEC. 303. MIXING ZONES.

12 Section 303 (33 U.S.C. 1313) is further amended by

13 inserting before subsection (h), as redesignated by section

14 301 of this Act, the following:

15 ‘‘(g) MIXING ZONES.—

16 ‘‘(1) LIST.—The Administrator shall establish,

17 by regulation, a list of persistent, acutely toxic, or

18 bioaccumulative chemicals which pose a sufficient

19 risk to human health and the environment that the

20 use of mixing zones with respect to such chemicals

21 should be restricted or prohibited.

22 ‘‘(2) PROHIBITION OR RESTRICTION ON USE OF

23 MIXING ZONES.—The Administrator may issue regu24 lations to prohibit or restrict the use of mixing zones
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1 with respect to chemicals included on the list estab2 lished pursuant to paragraph (1).

3 ‘‘(3) APPLICABILITY.—Any prohibition or re4 striction established pursuant to paragraph (2) shall

5 only apply to permits issued under section 402 after

6 the last day of the 5-year period beginning on the

7 date of the enactment of this subsection.

8 ‘‘(4) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in this subsection shall be construed

10 as limiting or otherwise affecting any authority of

11 the Administrator or a State regarding the use of

12 mixing zones.’’.

13 SEC. 304. GUIDANCE ON WATER QUALITY STANDARDS FOR

14 ARID AREAS.

15 Section 304(a) (33 U.S.C. 1314(a)) is amended by

16 adding at the end the following:

17 ‘‘(9) GUIDANCE ON STANDARDS FOR ARID

18 AREAS.—Not later than 1 year after the date of the

19 enactment of this paragraph, the Administrator shall

20 develop and publish guidance to the States on devel21 opment and adoption of water quality standards ap22 plicable to arid areas.’’.

23 SEC. 305. EFFLUENT LIMITATIONS.

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

25 at the end the following:
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1 ‘‘(n) EFFLUENT LIMITATIONS FOR DISCHARGES

2 INTO GROUND WATERS.—Not later than 1 year after the

3 date of the enactment of this subsection, the Adminis4 trator shall, after consultation with appropriate Federal

5 and State agencies and other interested persons, publish

6 regulations providing guidance for effluent limitations for

7 discharges into the ground or ground water that are sub8 ject to permit requirements pursuant to section

9 402(r)(1).’’.

10 SEC. 306. WATER QUALITY REPORTS.

11 (a) EFFECTIVENESS OF MUNICIPAL AND INDUS12 TRIAL STORMWATER PERMIT PROGRAM.—Section

13 305(b)(1) (33 U.S.C. 1315(b)(1)) is amended—

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (D);

16 (2) by striking the period at the end of sub17 paragraph (E); and

18 (3) by inserting after subparagraph (E) the fol19 lowing:

20 ‘‘(F) an assessment of the effectiveness of the

21 municipal and industrial stormwater permit program

22 being carried out under section 402 (including an

23 assessment of management measures being imple24 mented under such program) and the progress being

25 made toward attainment of water quality standards
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1 under this Act through the implementation of such

2 program; and’’.

3 (b) QUALITY OF GROUND WATER.—Section

4 305(b)(1) is further amended by adding at the end the

5 following:

6 ‘‘(G) a description of the quality of the ground

7 water in such State and an evaluation of how the

8 pollution of ground water, surface water, aquatic

9 sediment, and wetlands in such State are related.’’.

10 (c) BIENNIAL REPORTS; LISTING OF NONATTAIN11 MENT WATERS.—Section 305(b)(2) (33 U.S.C.

12 1315(b)(2)) is amended by striking ‘‘transmit’’ and all

13 that follows through the period at the end and inserting

14 the following: ‘‘transmit to Congress on or before October

15 1, 1976, and biennially thereafter such State reports, to16 gether with an analysis thereof. The Administrator may

17 add, to the list of waters in a State which are not meeting

18 applicable water quality standards under this Act, any

19 other waters in the State which are not meeting applicable

20 water quality standards under this Act.’’.

21 SEC. 307. CITIZEN WATER QUALITY MONITORING PRO22 GRAM.

23 Section 305 (33 U.S.C. 1315) is further amended by

24 adding at the end the following:
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1 ‘‘(c) CITIZEN WATER QUALITY MONITORING PRO2 GRAM.—

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

4 allow a State to use not more than 5 percent of the

5 amount made available to the State under section

6 319(h) in any fiscal year beginning after the date of

7 the enactment of this subsection or $100,000

8 (whichever amount is greater for such fiscal year) to

9 establish and carry out a citizen water quality mon10 itoring program in accordance with this subsection.

11 ‘‘(2) IMPLEMENTATION.—A State may carry

12 out a citizen water quality monitoring program

13 under this subsection either directly or by entering

14 into cooperative agreements or contracts with appro15 priate organizations, including educational institu16 tions.

17 ‘‘(3) PARTICIPATION.—Water quality monitor18 ing under a citizen water quality monitoring pro19 gram under this subsection shall be conducted by

20 program participants with appropriate qualifications

21 and training.

22 ‘‘(4) TRAINING.—A citizen water quality mon23 itoring program under this subsection shall provide

24 for the training and evaluation of all program par25 ticipants. Such training and evaluation shall be car-
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1 ried out as a continuing component of the program

2 in order to ensure the reliability of data collected

3 under the program.

4 ‘‘(5) QUALITY ASSURANCE.—In conducting a

5 citizen water quality monitoring program under this

6 subsection, a State shall use quality assurance con7 trol procedures described in the guidance to be de8 veloped by the Administrator pursuant to paragraph

9 (8) or equivalent procedures developed by the State.

10 ‘‘(6) USE OF DATA.—Data obtained under a

11 citizen water quality monitoring program under this

12 subsection may be used to obtain information re13 quired under subparagraphs (A) and (E) of sub14 section (b)(1) and to develop and implement a

15 nonpoint source management program under section

16 319 or a watershed management program under sec17 tion 322.

18 ‘‘(7) AVAILABILITY OF DATA.—A State shall

19 make the data collected under a citizen water quality

20 monitoring program under this subsection available

21 for public review.

22 ‘‘(8) GUIDANCE.—The Administrator shall de23 velop and publish guidance to assist States in devel24 oping, planning, and implementing citizen water

25 quality monitoring programs under this subsection,
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1 including protocols on quality assurance and quality

2 control.’’.

3 SEC. 308. TOXIC POLLUTANTS.

4 (a) LISTING OF TOXIC POLLUTANTS.—Section

5 307(a)(1) (33 U.S.C. 1317(a)(1)) is amended—

6 (1) by inserting ‘‘bioaccumulation potential,’’

7 after ‘‘degradability,’’; and

8 (2) by inserting ‘‘the magnitude and risk of ex9 posure to the pollutant,’’ after ‘‘organisms,’’.

10 (b) TOXIC EFFLUENT STANDARDS.—Section

11 307(a)(2) (33 U.S.C. 1317(a)(2)) is amended to read as

12 follows:

13 ‘‘(2) TOXIC EFFLUENT STANDARDS.—

14 ‘‘(A) GENERAL RULE.—Each toxic pollutant

15 listed in accordance with paragraph (1) of this sub16 section shall be subject to effluent limitations result17 ing from the application of the best available tech18 nology economically achievable for the applicable cat19 egory or class of point sources established in accord20 ance with sections 301(b)(2)(A) and 304(b)(2) of

21 this Act.

22 ‘‘(B) PUBLICATION AND APPLICABILITY.—The

23 Administrator may publish in the Federal Register

24 a proposed effluent standard (which may include a

25 prohibition) establishing requirements for a toxic
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1 pollutant which, if an effluent limitation is applicable

2 to a class or category of point sources, shall be ap3 plicable to such category or class only if such stand4 ard imposes more stringent requirements.

5 ‘‘(C) FACTORS.—The published effluent stand6 ard (or prohibition) shall take into account—

7 ‘‘(i) the pollutant’s persistence, toxicity,

8 degradability, and bioaccumulation potential;

9 ‘‘(ii) the magnitude and risk of exposure to

10 the pollutant, including risks to affected orga11 nisms and the importance of such organisms;

12 ‘‘(iii) the relative contribution of point

13 source discharges of the pollutant to the overall

14 risk from the pollutant;

15 ‘‘(iv) the availability of, and risk posed by,

16 substitute chemicals or processes or the avail17 ability of treatment processes or control tech18 nology;

19 ‘‘(v) the beneficial and adverse social and

20 economic effects of the effluent standard, in21 cluding the impact on energy resources;

22 ‘‘(vi) the extent to which effective control

23 is being or may be achieved in an expeditious

24 manner under other regulatory authorities;
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1 ‘‘(vii) the impact on national security inter2 ests; and

3 ‘‘(viii) such other factors as the Adminis4 trator deems appropriate.

5 ‘‘(D) COMMENT PERIOD.—The Administrator

6 shall allow a period of not less than 90 days follow7 ing publication of any such proposed effluent stand8 ard (or prohibition) for written comment by inter9 ested persons on such proposed standard.

10 ‘‘(E) PROMULGATION.—After consideration of

11 any comments on the proposed standard (or prohibi12 tion), the Administrator shall promulgate such

13 standard (or prohibition) with such modifications as

14 the Administrator finds are justified. Such promul15 gation by the Administrator shall be made as expedi16 tiously as possible, but not later than 365 days,

17 after publication of the proposed standard (or prohi18 bition).

19 ‘‘(F) FINALITY.—A promulgated standard (or

20 prohibition) shall be final; except that if, on judicial

21 review, such standard is determined to be arbitrary

22 and capricious, an abuse of discretion, or otherwise

23 not in accordance with law, the Administrator shall

24 promulgate a revised standard.
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1 ‘‘(G) DEADLINE.—Effluent limitations shall be

2 established in accordance with sections 301(b)(2)(A)

3 and 304(b)(2) for every toxic pollutant referred to in

4 table 1 of Committee Print Numbered 95–30 of the

5 Committee on Public Works and Transportation of

6 the House of Representatives as soon as practicable

7 after the date of the enactment of the Clean Water

8 Act of 1977, but no later than July 1, 1980. Efflu9 ent limitations or effluent standards (or prohibi10 tions) shall be established for every other toxic pol11 lutant listed under paragraph (1) of this subsection

12 as soon as practicable after it is so listed.’’.

13 (c) PROCEDURE FOR PETITIONING EPA.—Section

14 307(a) (33 U.S.C. 1317(a)) is further amended by adding

15 at the end the following:

16 ‘‘(8) PROCEDURE FOR PETITIONING EPA.—

17 ‘‘(A) GENERAL AUTHORITY.—Any person

18 may petition the Administrator to limit or pro19 hibit discharges of toxic pollutants or classes of

20 toxic pollutants which contribute to water qual21 ity impairment.

22 ‘‘(B) CONTENTS OF PETITION.—A petition

23 submitted to the Administrator under this para24 graph shall contain such information as the Ad25 ministrator may require by regulation, including
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1 information on each of the factors listed in

2 paragraph (2)(C).

3 ‘‘(C) ACTION OF ADMINISTRATOR.—The

4 Administrator may deny a petition submitted

5 under this paragraph based on the information

6 contained in the petition and such other infor7 mation as may be available to the Adminis8 trator or may initiate a rulemaking proceeding

9 to limit discharges of toxic pollutants, including

10 prohibition of discharges of toxic pollutants. If

11 the Administrator determines that there is not

12 sufficient information to approve or deny the

13 petition, the Administrator may request the pe14 titioner to submit such additional information

15 as may be necessary.

16 ‘‘(D) FACTORS TO CONSIDER.—In deter17 mining whether or not to approve or deny a pe18 tition under this paragraph, the Administrator

19 shall consider the factors listed in paragraph

20 (2)(C).’’.

21 (d) FEDERAL ESTABLISHMENT OF CHEMICAL-SPE22 CIFIC NUMERIC WATER QUALITY CRITERIA.—Section

23 303(c) (33 U.S.C. 1313(c)) is amended by adding at the

24 end the following:
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1 ‘‘(5) CHEMICAL-SPECIFIC NUMERIC WATER

2 QUALITY CRITERIA.—If the Administrator issues, by

3 regulation, chemical-specific numeric water quality

4 criteria for toxic pollutants under section 304(a) and

5 if a State has not adopted water quality standards

6 for navigable waters under the jurisdiction of the

7 State including such criteria before the last day of

8 the 3-year period beginning on the date of issuance

9 of such criteria, such criteria—

10 ‘‘(A) shall be treated for purposes of Fed11 eral and State law as if such criteria were

12 adopted by the State as a water quality stand13 ard for such waters; and

14 ‘‘(B) if the State has established des15 ignated uses for such waters, such criteria shall

16 be applied consistent with the designated

17 uses.’’.

18 (e) WATER QUALITY CRITERIA.—Section 304(a) (33

19 U.S.C. 1314(a)) is amended by adding at the end the fol20 lowing:

21 ‘‘(9) WATER QUALITY CRITERIA FOR POLLUT22 ANTS FROM NONPOINT SOURCES.—Not later than 3

23 years after the date of the enactment of this para24 graph, the Administrator shall develop and publish

25 under paragraph (1) additional criteria for water
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1 quality with respect to pollutants entering navigable

2 waters with an emphasis on pollutants entering such

3 waters from nonpoint sources.’’.

4 (f) FISH CONSUMPTION ADVISORIES.—Section 304

5 (33 U.S.C. 1314) is amended by adding at the end the

6 following:

7 ‘‘(n) FISH CONSUMPTION ADVISORIES.—After con8 sultation with appropriate Federal and State agencies, the

9 Administrator may develop and issue guidance that States

10 may use—

11 ‘‘(1) in issuing fish consumption advisories;

12 ‘‘(2) in developing a monitoring program for

13 contaminants in fish and shellfish; and

14 ‘‘(3) in issuing scientific protocols for testing

15 contamination levels of fish.’’.

16 (g) BEACH WATER QUALITY MONITORING.—

17 (1) IN GENERAL.—Section 304 is further

18 amended by adding at the end the following:

19 ‘‘(o) BEACH WATER QUALITY MONITORING.—After

20 consultation with appropriate Federal and State agencies,

21 the Administrator may develop and issue guidance that

22 States may use in monitoring water quality at beaches and

23 issuing health advisories with respect to beaches, including

24 testing protocols, recommendations on frequency of test25 ing and monitoring, recommendations on pollutants for
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1 which monitoring and testing should be conducted, and

2 recommendations on when health advisories should be is3 sued.’’.

4 (2) REPORTS.—Section 516(a) (33 U.S.C.

5 1375(a)) is amended by striking ‘‘and (9)’’ and in6 serting ‘‘(9) the monitoring conducted by States on

7 the water quality of beaches and the issuance of

8 health advisories with respect to beaches, and (10)’’.

9 (h) CURRENT STATE OF SCIENTIFIC KNOWLEDGE

10 ON CERTAIN CHEMICALS.—

11 (1) NAS STUDY.—The National Academy of

12 Sciences shall conduct a study on the current sci13 entific knowledge of those chemicals which are

14 present in waters of the United States and for which

15 there is evidence that exposure to such chemicals

16 may result in endocrine, immune, or nervous system

17 or developmental health effects in humans, fish, or

18 wildlife, including evidence that exposure to such

19 chemicals may increase the incidence of breast and

20 other cancers, decrease sperm count, or impair re21 production.

22 (2) REPORT.—Not later than 3 years after the

23 date of the enactment of this Act, the National

24 Academy of Sciences shall transmit to Congress a

25 report on the results of the study conducted under
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1 this subsection, including recommendations for any

2 actions which the National Academy of Science de3 termines are appropriate based on such results.

4 SEC. 309. FEDERAL ENFORCEMENT.

5 (a) VIOLATIONS OF LOCAL PRETREATMENT RE6 QUIREMENTS.—Section 307(d) (33 U.S.C. 1317(d)) is

7 amended to read as follows:

8 ‘‘(d) VIOLATIONS.—After the effective date of any ef9 fluent standard or prohibition or pretreatment standard

10 promulgated under this section or any requirement im11 posed in a pretreatment program approved under section

12 402(a)(3) or 402(b)(8) of this Act, it shall be unlawful

13 for any owner or operator of any source to operate any

14 source in violation of any such effluent standard or prohi15 bition, pretreatment standard, or requirement.’’.

16 (b) INSPECTIONS, MONITORING, AND ENTRY.—Sec17 tion 308(a) (33 U.S.C. 1318(a)) is amended by inserting

18 after ‘‘(A) the Administrator shall require the owner or

19 operator of any point source’’ the following: ‘‘, any indirect

20 discharger, and any other person who may have informa21 tion relating to compliance with this Act’’.

22 (c) ENFORCEMENT OF LOCAL PRETREATMENT RE23 QUIREMENTS.—

24 (1) GENERAL AUTHORITY.—Section 309(a)(1)

25 (33 U.S.C. 1319(a)(1)) is amended by inserting
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1 after ‘‘404 of this Act,’’ the following: ‘‘or is in vio2 lation of any requirement imposed in a pretreatment

3 program approved under section 402(a)(3) or

4 402(b)(8) of this Act,’’.

5 (2) ISSUANCE OF ORDERS.—Section 309(a)(3)

6 (33 U.S.C. 1319(a)(3)) is amended by inserting

7 after ‘‘404 of this Act by a State,’’ the following: ‘‘or

8 is in violation of any requirement imposed in a

9 pretreatment program approved under section

10 402(a)(3) or 402(b)(8) of this Act,’’.

11 (3) CRIMINAL PENALTIES.—Section

12 309(c)(3)(A) (33 U.S.C. 1319(c)(3)(A)) is amended

13 by inserting after ‘‘Army or by a State,’’ the follow14 ing: ‘‘or knowingly violates any requirement imposed

15 in a pretreatment program approved under section

16 402(a)(3) or 402(b)(8) of this Act,’’.

17 (4) ADMINISTRATIVE PENALTIES.—Section

18 309(g)(1)(A) (33 U.S.C. 1319(g)(1)(A)) is amended

19 by inserting after ‘‘404 by a State,’’ the following:

20 ‘‘or has violated any requirement imposed in a

21 pretreatment program approved under section

22 402(a)(3) or 402(b)(8) of this Act, or has violated

23 an order issued by the Administrator under sub24 section (a) of this section or section 504 of this

25 Act,’’.
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1 (5) CITIZEN SUITS.—Section 505(f) (33 U.S.C.

2 1365(f)) is amended—

3 (A) by striking ‘‘or’’ before ‘‘(7)’’; and

4 (B) by striking the last comma and insert5 ing the following: ‘‘; (8) any requirement im6 posed in a pretreatment program approved

7 under section 402(a)(3) or 402(b)(8) of this

8 Act; or (9) a permit or any condition thereof is9 sued by the Secretary of the Army or a State

10 under section 404 of this Act’’.

11 (d) CIVIL ACTIONS COMMENCED BY THE ADMINIS12 TRATOR.—Section 309(b) (33 U.S.C. 1319(b)) is amend13 ed—

14 (1) by inserting after the first sentence the fol15 lowing: ‘‘Such injunctive relief may include an order

16 to require remedial measures or an environmental

17 audit.’’;

18 (2) by striking ‘‘and to require compliance’’ and

19 inserting ‘‘, to require compliance, and to provide

20 other appropriate relief’’; and

21 (3) by inserting before the last sentence the fol22 lowing: ‘‘A district court may issue a permanent in23 junction in any such action based solely upon a find24 ing that a violation has occurred.’’.
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1 (e) MAXIMUM TERM OF IMPRISONMENT FOR KNOW2 ING VIOLATIONS.—Section 309(c)(2) (33 U.S.C.

3 1319(c)(2)) is amended—

4 (1) by striking ‘‘3 years’’ and inserting ‘‘5

5 years’’; and

6 (2) by striking ‘‘6 years’’ and inserting ‘‘10

7 years’’.

8 (f) KNOWING ENDANGERMENT.—Section

9 309(c)(3)(A) (33 U.S.C. 1319(c)(3)(A)) is amended by

10 striking ‘‘he thereby’’ and inserting ‘‘, in connection with

11 or in the course of committing the violation, the person’’.

12 (g) FALSE STATEMENTS.—

13 (1) KNOWING OMISSIONS.—Section 309(c)(4)

14 (33 U.S.C. 1319(c)(4)) is amended by inserting

15 after ‘‘Any person who knowingly’’ the following:

16 ‘‘omits required material information or’’.

17 (2) MAXIMUM PUNISHMENT FOR FIRST CONVIC18 TIONS.—Section 309(c)(4) (33 U.S.C. 1319(c)(4)) is

19 amended—

20 (A) by striking ‘‘$10,000’’ and inserting

21 ‘‘$50,000’’; and

22 (B) by striking ‘‘2 years’’ and inserting ‘‘5

23 years’’.
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1 (3) MAXIMUM PUNISHMENT FOR SUBSEQUENT

2 CONVICTIONS.—Section 309(c)(4) (33 U.S.C.

3 1319(c)(4)) is amended—

4 (A) by striking ‘‘$20,000 per day of viola5 tion’’ and inserting ‘‘$100,000 per violation’’;

6 and

7 (B) by striking ‘‘4 years’’ and inserting

8 ‘‘10 years’’.

9 (h) SHARING OF FINES IN CRIMINAL ACTIONS.—

10 (1) IN GENERAL.—Section 309(c) (33 U.S.C.

11 1319(c)) is amended by redesignating paragraphs

12 (6) and (7) as paragraphs (7) and (8), respectively,

13 and by inserting after paragraph (5) the following:

14 ‘‘(6) SHARING OF FINES.—Upon the rec15 ommendation of the United States, and in accord16 ance with such recommendation, a court may issue

17 an order requiring that a portion of the amounts as18 sessed by the court in criminal fines under this sub19 section for a violation be paid—

20 ‘‘(A) to any person as an award for provid21 ing information leading to the arrest and con22 viction of a person for the violation; and

23 ‘‘(B) to any State, municipality, or other

24 political subdivision for providing material sup25 port in the prosecution of the violation.’’.
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1 (2) GUIDANCE.—The Administrator shall issue

2 guidance to ensure consistency in recommendations

3 of the United States made pursuant to the amend4 ment made by paragraph (1).

5 (i) DETERMINATION OF AMOUNT OF CIVIL PEN6 ALTIES.—The second sentence of section 309(d) (33

7 U.S.C. 1319(d)) is amended by inserting after ‘‘the eco8 nomic impact of the penalty on the violator,’’ the follow9 ing: ‘‘the amount of any penalty previously imposed on

10 the violator by a court or administrative agency for the

11 same violation or violations,’’.

12 (j) JOINING STATES AS PARTIES IN ACTIONS IN13 VOLVING MUNICIPALITIES.—Section 309(e) (33 U.S.C.

14 1319(e)) is amended by striking ‘‘shall be joined as a

15 party. Such State’’ and inserting ‘‘may be joined as a

16 party. Any State so joined as a party’’.

17 (k) ADMINISTRATIVE PENALTIES.—

18 (1) MAXIMUM AMOUNT OF CLASS I PEN19 ALTIES.—Section 309(g)(2)(A) (33 U.S.C.

20 1319(g)(2)(A)) is amended by striking ‘‘$25,000’’

21 and inserting ‘‘$100,000’’.

22 (2) MAXIMUM AMOUNT OF CLASS II PEN23 ALTIES.—Section 309(g)(2)(B) (33 U.S.C.

24 1319(g)(2)(B)) is amended by striking ‘‘$125,000’’

25 and inserting ‘‘$300,000’’.
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1 (3) DETERMINATION OF AMOUNT.—Section

2 309(g)(3) (33 U.S.C. 1319(g)(3)) is amended by in3 serting after ‘‘resulting from the violation,’’ the fol4 lowing: ‘‘the amount of any penalty previously im5 posed on the violator by a court or administrative

6 agency for the same violation or violations,’’.

7 (4) PUBLIC NOTICE.—Section 309(g)(4) (33

8 U.S.C. 1319(g)(4)) is amended—

9 (A) in subparagraph (A) by inserting

10 ‘‘class II’’ before ‘‘civil penalty’’;

11 (B) in subparagraphs (B) and (C) by in12 serting ‘‘class II’’ before ‘‘penalty’’ the first

13 place it appears; and

14 (C) in subparagraph (C) by striking ‘‘para15 graph (2)(A) in the case of a class I civil pen16 alty and’’.

17 (5) LIMITATION ON ACTIONS.—Section

18 309(g)(6)(A) (33 U.S.C. 1319(g)(6)(A)) is amend19 ed—

20 (A) in clause (i) by inserting ‘‘or’’ at the

21 end;

22 (B) by striking clause (ii) and redesignat23 ing clause (iii) as clause (ii);
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1 (C) in clause (ii), as so redesignated, by

2 striking ‘‘, the Secretary, or the State’’ and in3 serting ‘‘or the Secretary’’; and

4 (D) in clause (ii), as so redesignated, by

5 striking ‘‘or such comparable State law, as the

6 case may be,’’.

7 (l) RECOVERY OF ECONOMIC BENEFIT.—Section 309

8 (33 U.S.C. 1319) is amended by adding at the end the

9 following:

10 ‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—

11 ‘‘(1) CIVIL PENALTIES.—

12 ‘‘(A) GENERAL RULE.—The amount of any

13 civil penalty determined and assessed by a court

14 for a violation in a civil action commenced

15 under this section shall not be less than the

16 amount of the economic benefit (if any) to the

17 violator resulting from the violation.

18 ‘‘(B) MAXIMUM AMOUNT.—The require19 ment of subparagraph (A) shall apply even if

20 the amount of economic benefit described in

21 subparagraph (A) is greater than the amount of

22 the maximum penalty for the violation other23 wise established by this section.

24 ‘‘(2) ADMINISTRATIVE PENALTIES.—
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1 ‘‘(A) GENERAL RULE.—The amount of any

2 administrative penalty determined and assessed

3 by the Administrator or the Secretary of the

4 Army for a violation in an administrative action

5 commenced under this section shall not be less

6 than the amount of the economic benefit (if

7 any) to the violator resulting from the violation.

8 ‘‘(B) MAXIMUM AMOUNT.—The require9 ment of subparagraph (A) shall apply only if

10 the amount of economic benefit described in

11 subparagraph (A) is less than the amount of

12 the maximum administrative penalty for the

13 violation established by this section. If the

14 amount of such economic benefit is greater than

15 the amount of such maximum penalty, then the

16 amount of the penalty assessed for the violation

17 shall be equal to such maximum penalty.

18 ‘‘(3) REGULATIONS.—The Administrator shall

19 propose regulations on methods to determine eco20 nomic benefit for purposes of this section not later

21 than 180 days after the date of the enactment of

22 this subsection and shall issue final regulations on

23 such methods not later than 18 months after such

24 date of enactment.
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1 ‘‘(4) PUBLICLY OWNED TREATMENT WORKS.—

2 This subsection shall not apply to a penalty assessed

3 against a treatment works (as defined by section

4 212 of this Act) which is publicly owned.’’.

5 (m) PENALTY FUND.—

6 (1) ESTABLISHMENT.—Section 309 is further

7 amended by adding at the end the following:

8 ‘‘(i) PENALTY FUND.—Amounts received by the

9 United States as a penalty or fine under this Act shall

10 be deposited into a special fund in the Treasury of the

11 United States. The Administrator shall annually report to

12 Congress on the sums deposited into the fund, the sources

13 thereof, and the actual and proposed uses thereof.’’.

14 (2) AUTHORIZATION OF APPROPRIATIONS.—

15 Section 607 (33 U.S.C. 1387) is amended by insert16 ing ‘‘(a) IN GENERAL.—’’ before ‘‘There is’’; and by

17 adding at the end the following:

18 ‘‘(b) FROM PENALTY FUND.—Amounts in the fund

19 established under section 309(i) are authorized to be ap20 propriated to carry out the purposes of this Act and shall

21 remain available until expended.’’.

22 (n) FEDERAL PROCUREMENT.—Section 508(a) (33

23 U.S.C. 1368(a)) is amended by adding at the end the fol24 lowing: ‘‘The Administrator may extend the prohibition to
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1 other facilities owned or operated by the convicted

2 person.’’.

3 (o) ISSUANCE OF SUBPOENAS BY THE ADMINIS4 TRATOR.—Section 509(a)(1) (33 U.S.C. 1369(a)(1)) is

5 amended by inserting ‘‘or 308’’ after ‘‘section 305’’.

6 (p) LIMITATION ON JUDICIAL REVIEW.—Section

7 509(b)(2) (33 U.S.C. 1369(b)(2)) is amended by inserting

8 after ‘‘this subsection’’ the following: ‘‘and an action of

9 a State in issuing or denying a permit under section 402

10 with respect to which review could have been obtained

11 under comparable provisions of State law’’.

12 SEC. 310. FEDERAL FACILITIES.

13 (a) APPLICATION OF CERTAIN PROVISIONS.—Section

14 313(a) (33 U.S.C. 1323(a)) is amended by striking all

15 preceding subsection (b) and inserting the following:

16 ‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

17 ‘‘(a) APPLICABILITY OF FEDERAL, STATE, INTER18 STATE, AND LOCAL LAWS.—

19 ‘‘(1) IN GENERAL.—Each department, agency,

20 or instrumentality of the executive, legislative, and

21 judicial branches of the Federal Government—

22 ‘‘(A) having jurisdiction over any property

23 or facility, or
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1 ‘‘(B) engaged in any activity resulting, or

2 which may result, in the discharge or runoff of

3 pollutants,

4 and each officer, agent, or employee thereof in the

5 performance of his official duties, shall be subject to,

6 and comply with, all Federal, State, interstate, and

7 local requirements, administrative authority, and

8 process and sanctions respecting the control and

9 abatement of water pollution in the same manner

10 and to the same extent as any nongovernmental en11 tity, including the payment of reasonable service

12 charges.

13 ‘‘(2) TYPES OF ACTIONS COVERED.—Paragraph

14 (1) shall apply—

15 ‘‘(A) to any requirement whether sub16 stantive or procedural (including any record17 keeping or reporting requirement, any require18 ment respecting permits, and any other require19 ment),

20 ‘‘(B) to the exercise of any Federal, State,

21 or local administrative authority, and

22 ‘‘(C) to any process and sanction, whether

23 enforced in Federal, State, or local courts or in

24 any other manner.
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1 ‘‘(3) PENALTIES AND FINES.—The Federal,

2 State, interstate, and local substantive and proce3 dural requirements, administrative authority, and

4 process and sanctions referred to in paragraph (1)

5 include all administrative orders and all civil and ad6 ministrative penalties and fines, regardless of wheth7 er such penalties or fines are punitive or coercive in

8 nature or are imposed for isolated, intermittent, or

9 continuing violations.

10 ‘‘(4) SOVEREIGN IMMUNITY.—

11 ‘‘(A) WAIVER.—The United States hereby

12 expressly waives any immunity otherwise appli13 cable to the United States with respect to any

14 requirement, administrative authority, and

15 process and sanctions referred to in paragraph

16 (1) (including any injunctive relief, any admin17 istrative order, any civil or administrative pen18 alty or fine referred to in paragraph (3), or any

19 reasonable service charge).

20 ‘‘(B) PROCESSING FEES.—The reasonable

21 service charges referred to in this paragraph in22 cludes fees or charges assessed in connection

23 with the processing and issuance of permits, re24 newal of permits, amendments to permits, re25 view of plans, studies, and other documents,
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1 and inspection and monitoring of facilities, as

2 well as any other nondiscriminatory charges

3 that are assessed in connection with a Federal,

4 State, interstate, or local water pollution regu5 latory program.

6 ‘‘(5) EXEMPTIONS.—

7 ‘‘(A) GENERAL AUTHORITY OF PRESI8 DENT.—The President may exempt any effluent

9 source of any department, agency, or instru10 mentality in the executive branch from compli11 ance with any requirement to which paragraph

12 (1) applies if the President determines it to be

13 in the paramount interest of the United States

14 to do so; except that no exemption may be

15 granted from the requirements of section 306

16 or 307 of this Act.

17 ‘‘(B) LIMITATION.—No exemptions shall

18 be granted under subparagraph (A) due to lack

19 of appropriation unless the President shall have

20 specifically requested such appropriation as a

21 part of the budgetary process and the Congress

22 shall have failed to make available such re23 quested appropriation.

24 ‘‘(C) TIME PERIOD.—Any exemption under

25 subparagraph (A) shall be for a period not in
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1 excess of 1 year, but additional exemptions may

2 be granted for periods of not to exceed 1 year

3 upon the President’s making a new determina4 tion.

5 ‘‘(D) MILITARY PROPERTY.—In addition to

6 any exemption of a particular effluent source,

7 the President may, if the President determines

8 it to be in the paramount interest of the United

9 States to do so, issue regulations exempting

10 from compliance with the requirements of this

11 section any weaponry, equipment, aircraft, ves12 sels, vehicles, or other classes or categories of

13 property, and access to such property, which

14 are owned or operated by the Armed Forces of

15 the United States (including the Coast Guard)

16 or by the National Guard of any State and

17 which are uniquely military in nature. The

18 President shall reconsider the need for such

19 regulations at 3-year intervals.

20 ‘‘(E) REPORTS.—The President shall re21 port each January to the Congress all exemp22 tions from the requirements of this section

23 granted during the preceding calendar year, to24 gether with the President’s reason for granting

25 such exemption.
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1 ‘‘(6) VENUE.—Nothing in this section shall be

2 construed to prevent any department, agency, or in3 strumentality of the Federal Government, or any of4 ficer, agent, or employee thereof in the performance

5 of official duties, from removing to the appropriate

6 Federal district court any proceeding to which the

7 department, agency, or instrumentality or officer,

8 agent, or employee thereof is subject pursuant to

9 this section, and any such proceeding may be re10 moved in accordance with chapter 89 of title 28,

11 United States Code.

12 ‘‘(7) PERSONAL LIABILITY OF FEDERAL EM13 PLOYEES.—No agent, employee, or officer of the

14 United States shall be personally liable for any civil

15 penalty under any Federal, State, interstate, or local

16 water pollution law with respect to any act or omis17 sion within the scope of the official duties of the

18 agent, employee, or officer.

19 ‘‘(8) CRIMINAL SANCTIONS.—An agent, em20 ployee, or officer of the United States shall be sub21 ject to any criminal sanction (including any fine or

22 imprisonment) under any Federal or State water

23 pollution law, but no department, agency, or instru24 mentality of the executive, legislative, or judicial
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1 branch of the Federal Government shall be subject

2 to any such sanction.’’.

3 (b) FUNDS COLLECTED BY A STATE.—Section 313

4 (33 U.S.C. 1323) is further amended by adding at the

5 end the following:

6 ‘‘(c) LIMITATION ON STATE USE OF FUNDS.—Unless

7 a State law in effect on the date of the enactment of this

8 subsection or a State constitution requires the funds to

9 be used in a different manner, all funds collected by a

10 State from the Federal Government in penalties and fines

11 imposed for the violation of a substantive or procedural

12 requirement referred to in subsection (a) shall be used by

13 the State only for projects designed to improve or protect

14 the environment or to defray the costs of environmental

15 protection or enforcement.’’.

16 (c) ENFORCEMENT.—Section 313 is further amended

17 by adding at the end the following:

18 ‘‘(d) FEDERAL FACILITY ENFORCEMENT.—

19 ‘‘(1) ADMINISTRATIVE ENFORCEMENT BY

20 EPA.—The Administrator may commence an admin21 istrative enforcement action against any department,

22 agency, or instrumentality of the executive, legisla23 tive, or judicial branch of the Federal Government

24 pursuant to the enforcement authorities contained in

25 this Act.
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1 ‘‘(2) PROCEDURE.—The Administrator shall

2 initiate an administrative enforcement action against

3 a department, agency, or instrumentality under this

4 subsection in the same manner and under the same

5 circumstances as an action would be initiated

6 against any other person under this Act.

7 ‘‘(3) VOLUNTARY SETTLEMENT.—Any vol8 untary resolution or settlement of an action under

9 this subsection shall be set forth in a consent order.

10 ‘‘(4) CONFERRAL WITH EPA.—No administra11 tive order issued to a department, agency, or instru12 mentality under this section shall become final until

13 such department, agency, or instrumentality has had

14 the opportunity to confer with the Administrator.’’.

15 (d) LIMITATION ON ACTIONS AND RIGHT OF INTER16 VENTION.—Section 313 is further amended by adding at

17 the end the following:

18 ‘‘(e) LIMITATION ON ACTIONS AND RIGHT OF INTER19 VENTION.—Any violation with respect to which the Ad20 ministrator or Secretary, as applicable, has commenced

21 and is diligently prosecuting an action under this sub22 section, or for which the Administrator or Secretary, as

23 applicable, has issued a final order and the violator has

24 either paid a penalty or fine assessed under this subsection

25 or is subject to an enforceable schedule of corrective ac-
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1 tions, shall not be the subject of an enforcement action

2 under section 505 of this Act. In any action under this

3 subsection, any citizen may intervene as a matter of

4 right.’’.

5 (e) DEFINITION OF PERSON.—Section 502(5) (33

6 U.S.C. 1362(5)) is amended by inserting before the period

7 at the end the following: ‘‘and includes any department,

8 agency, or instrumentality of the United States’’.

9 (f) DEFINITION OF RADIOACTIVE MATERIALS.—Sec10 tion 502 (33 U.S.C. 1362) is amended by adding at the

11 end the following:

12 ‘‘(21) The term ‘radioactive materials’ includes

13 source materials, special nuclear materials, and byproduct

14 materials (as such terms are defined under the Atomic

15 Energy Act of 1954) which are used, produced, or man16 aged at facilities not licensed by the Nuclear Regulatory

17 Commission; except that such term does not include any

18 material which is discharged from a vessel or other facility

19 covered by Executive Order 12344 (42 U.S.C. 7158 note;

20 relating to the Naval Nuclear Propulsion Program).’’.

21 (g) CONFORMING AMENDMENTS.—Section 313(b)

22 (33 U.S.C. 1323(b)) is amended—

23 (1) by striking ‘‘(b)(1)’’ and inserting the fol24 lowing:

25 ‘‘(b) WASTEWATER FACILITIES.—
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1 ‘‘(1) COOPERATION FOR USE OF WASTEWATER

2 CONTROL SYSTEMS.—’’;

3 (2) in paragraph (2) by inserting ‘‘LIMITATION

4 ON CONSTRUCTION.—’’ before ‘‘Construction’’; and

5 (3) by moving paragraphs (1) and (2) 2 ems to

6 the right.

7 (h) EFFECTIVE DATE.—The amendments made by

8 this section shall take effect on the date of the enactment

9 of this Act and shall only apply to violations occurring

10 after such date of enactment.

11 SEC. 311. NONPOINT SOURCE MANAGEMENT PROGRAMS.

12 (a) STATE ASSESSMENT REPORTS.—

13 (1) RELATIONSHIP TO INDIVIDUAL MANAGE14 MENT PLANS.—Section 319(a)(1)(B) (33 U.S.C.

15 1329(a)(1)(B)) is amended by inserting before the

16 semicolon the following: ‘‘, including nonpoint

17 sources of ground water pollution and nonpoint

18 sources for which the State may require site-specific

19 management plans’’.

20 (2) REVIEW AND REVISION.—Section 319(a) is

21 further amended—

22 (A) in paragraph (2) by inserting ‘‘, re23 viewing, and revising’’ after ‘‘developing’’;
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•HR 3948 IH

1 (B) in paragraph (2) by striking ‘‘section,’’

2 the first place it appears and inserting ‘‘sub3 section,’’; and

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

5 paragraph:

6 ‘‘(3) REVIEW AND REVISION.—Not later than

7 12 months after the date of the enactment of this

8 paragraph, and every 5 years thereafter, the State

9 shall review and revise the report required by this

10 subsection.’’.

11 (3) APPROVAL PROCESS.—Section 319(d) is

12 amended—

13 (A) in paragraph (1) by inserting ‘‘or re14 vised report’’ after ‘‘any report’’; and

15 (B) in paragraph (3)—

16 (i) by striking ‘‘the report’’ and in17 serting ‘‘a report or revised report’’;

18 (ii) by striking ‘‘30’’ and inserting

19 ‘‘18’’; and

20 (iii) by striking ‘‘of the enactment of

21 this section’’ and inserting ‘‘on which such

22 report is required to be submitted under

23 subsection (a)’’.

24 (b) STATE MANAGEMENT PROGRAM.—
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•HR 3948 IH

1 (1) TERM OF PROGRAM.—Section 319(b)(1) is

2 amended by striking ‘‘four’’ and inserting ‘‘5’’.

3 (2) CONTENTS.—Section 319(b)(2) is amend4 ed—

5 (A) in each of subparagraphs (A) and (C)

6 by striking ‘‘paragraph (1)(B)’’ and inserting

7 ‘‘subsection (a)(1)(B)’’;

8 (B) in subparagraph (B)—

9 (i) by striking ‘‘, as appropriate,’’ and

10 inserting ‘‘enforceable policies and mecha11 nisms,’’;

12 (ii) by striking ‘‘for enforcement’’;

13 and

14 (iii) by adding at the end the follow15 ing: ‘‘Such programs shall, at a minimum,

16 provide for implementation of best man17 agement practices and measures in con18 formity with guidance to be issued by the

19 Administrator pursuant to subsection

20 (o).’’;

21 (C) in subparagraph (C) by striking ‘‘at

22 the earliest practicable date’’ and inserting

23 ‘‘and measures on a watershed or other appro24 priate basis within 3 years after the date on

25 which each such watershed or other area is des-
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•HR 3948 IH

1 ignated under subparagraph (K) for undertak2 ing such practices and measures’’;

3 (D) in subparagraph (D) by striking ‘‘A

4 certification of’’ and inserting ‘‘After the date

5 of the enactment of the Water Quality Act of

6 1994, a certification by’’; and

7 (E) by adding at the end the following:

8 ‘‘(G) A description of monitoring and as9 sessment which will be carried out under the

10 program for the purposes of monitoring and as11 sessing the effectiveness of the program, includ12 ing the effectiveness of site-specific manage13 ment plans.

14 ‘‘(H) A description of measures and prac15 tices of the program which will be applicable to

16 land owners and a description of any category

17 of land owners (including categories of land18 owners determined solely on the basis of eco19 nomic hardship), class of activities, or areas

20 which will be exempt from such measures and

21 practices.

22 ‘‘(I) An identification of classes or cat23 egories of activities for which land owners will

24 be required to develop, submit to the State for

25 approval, and (after approval) implement site-
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•HR 3948 IH

1 specific management plans. Before January 1,

2 2005, a land owner participating in and com3 plying with the requirements of a qualified pro4 gram shall be treated as having satisfied the re5 quirements for implementation of a site-specific

6 management plan under this subparagraph with

7 respect to pollutants and land areas regulated

8 under the qualified program. For purposes of

9 this section, a land owner shall be considered to

10 be participating in and complying with the re11 quirements of a qualified program, whether or

12 not the land owner is receiving financial assist13 ance under such program, if the agency admin14 istering such program provides certification

15 with respect to such compliance. For the pur16 poses of this subparagraph, the term ‘qualified

17 program’ means any of the following:

18 ‘‘(i) The Conservation Reserve Pro19 gram established under section 1231 of the

20 Food Security Act of 1985.

21 ‘‘(ii) The Agriculture Water Quality

22 Protection Program established under sec23 tion 1238B of the Food Security Act of

24 1985.
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•HR 3948 IH

1 ‘‘(iii) The Integrated Farm Manage2 ment Program Option established under

3 section 1451 of the Food, Agriculture,

4 Conservation, and Trade Act of 1990.

5 ‘‘(iv) The Organic Certification Pro6 gram under title XXI of the Food, Agri7 culture, Conservation, and Trade Act of

8 1990.

9 ‘‘(v) The Coastal Zone Act Reauthor10 ization Amendments of 1990.

11 ‘‘(vi) A program which is determined

12 by the State to contribute to water quality

13 improvement or protection and to meeting

14 the objectives of this section and which is

15 submitted to the Administrator and ap16 proved by the Administrator.

17 ‘‘(J) If the program identifies any land

18 owner or category of land owners which will be

19 required to implement a site-specific manage20 ment plan under subparagraph (I), an identi21 fication of methods to inform each such land22 owner or category of landowners of sources of

23 Federal, State, and local governmental assist24 ance available for development and implementa25 tion of such plan.
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•HR 3948 IH

1 ‘‘(K) Designation of those watersheds or

2 other areas located in whole or in part within

3 the boundaries of the State for which best man4 agement practices and measures will be under5 taken in each year. If, based on a revised as6 sessment under subsection (a), navigable waters

7 within a watershed or area are not meeting ap8 plicable water quality standards under section

9 303, the State shall require the implementation

10 of such additional best management practices

11 and measures as may be necessary for such

12 navigable waters to meet such standards.

13 ‘‘(L) A schedule for addressing during the

14 5-year period beginning 2 years after the date

15 of the enactment of this subparagraph, and

16 during each 5-year period thereafter, all

17 nonpoint sources of pollution in the State. The

18 schedule shall address approximately 20 percent

19 of the watersheds or other areas located in

20 whole or in part within the boundaries of the

21 State during each year of the 5-year period.

22 ‘‘(M) An identification of activities on Fed23 eral lands in the State that are inconsistent

24 with the State management program.’’.
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•HR 3948 IH

1 (3) DEADLINE FOR SUBMISSION OF PRO2 GRAM.—Section 319(c)(2) is amended by striking

3 ‘‘this section’’ and inserting ‘‘the Water Quality Act

4 of 1994 and each 5-year period thereafter’’.

5 (c) PROCEDURE FOR DISAPPROVAL OF REPORTS AND

6 MANAGEMENT PROGRAMS.—Section 319(d)(2)(D) is

7 amended by striking ‘‘are not adequate’’ and all that fol8 lows through the semicolon at the end and inserting ‘‘will

9 not result in reasonable progress toward the attainment

10 of applicable water quality standards under section 303

11 as expeditiously as possible but not later than December

12 31, 2009;’’.

13 (d) LOCAL AND FEDERAL MANAGEMENT PROGRAMS;

14 TECHNICAL ASSISTANCE.—Section 319(e) is amended—

15 (1) in the subsection heading by inserting ‘‘AND

16 FEDERAL’’ after ‘‘LOCAL’’;

17 (2) by striking ‘‘If a State’’ and inserting the

18 following:

19 ‘‘(1) LOCAL.—If a State’’;

20 (3) by striking ‘‘If the Administrator approves

21 such management program,’’ and all that follows

22 through the period and inserting ‘‘Such agency shall

23 be eligible to receive financial assistance under sub24 section (h) for preparation and implementation of
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•HR 3948 IH

1 such management program as if the agency were a

2 State.’’;

3 (4) by moving paragraph (1), as designated by

4 paragraph (2) of this subsection, 2 ems to the right;

5 and

6 (5) by adding at the end the following:

7 ‘‘(2) FEDERAL.—If a State fails to submit a

8 management program or revised management pro9 gram under subsection (b) or the Administrator does

10 not approve such a management program, the Ad11 ministrator shall prepare a management program for

12 controlling pollution added from nonpoint sources to

13 the navigable waters within the State and improving

14 the quality of such waters in accordance with sub15 section (b).’’.

16 (e) GRANT PROGRAM.—

17 (1) FOR PREPARING ASSESSMENT REPORTS

18 AND MANAGEMENT PROGRAMS.—Section 319(h)(1)

19 is amended to read as follows:

20 ‘‘(1) GRANTS FOR PREPARATION AND IMPLE21 MENTATION OF REPORTS AND MANAGEMENT PRO22 GRAMS.—Upon application of a State, the Adminis23 trator may make grants under this subsection, sub24 ject to such terms and conditions as the Adminis25 trator considers appropriate, to such State for the
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•HR 3948 IH

1 purpose of assisting the State in preparing a report

2 under subsection (a) and in preparing and imple3 menting a management program under subsection

4 (b). Grants for implementation of such management

5 program may be made only after such report and

6 management program are approved under this sec7 tion. Funds reserved pursuant to section 205(j)(5)

8 of this Act may be used to develop and implement

9 such management program.’’.

10 (2) FEDERAL SHARE.—Section 319(h)(3) is

11 amended—

12 (A) by striking ‘‘management program im13 plemented’’ and inserting ‘‘report prepared and

14 management program prepared and imple15 mented’’; and

16 (B) by striking ‘‘implementing’’ and insert17 ing ‘‘preparing such report and preparing and

18 implementing’’.

19 (3) PRIORITY FOR EFFECTIVE MECHANISMS.—

20 Section 319(h)(5) is amended—

21 (A) by striking ‘‘or’’ at the end of subpara22 graph (C);

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

24 subparagraph (D) and inserting a semicolon;

25 and
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•HR 3948 IH

1 (C) by adding at the end the following:

2 ‘‘(E) protect waters designated pursuant to

3 section 303(c)(2)(A) as public water supplies;

4 or

5 ‘‘(F) control particularly difficult or seri6 ous nonpoint pollution problems in urban

7 areas.’’.

8 (4) LIMITATION ON USE OF FUNDS.—Section

9 319(h)(7) is amended to read as follows:

10 ‘‘(7) LIMITATION ON USE OF FUNDS.—States

11 may use funds from grants made pursuant to this

12 section—

13 ‘‘(A) only for providing financial assistance

14 with respect to those activities whose principal

15 purpose is protecting and improving water qual16 ity; and

17 ‘‘(B) only to the extent that such assist18 ance is related to the cost of implementing the

19 State management program.’’.

20 (5) COMPLIANCE WITH STATE MANAGEMENT

21 PROGRAM.—Section 319(h)(8) is amended—

22 (A) by striking ‘‘SATISFACTORY

23 PROGRESS.—’’ and inserting ‘‘COMPLIANCE

24 WITH STATE MANAGEMENT PROGRAM.—’’; and
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•HR 3948 IH

1 (B) by striking ‘‘made satisfactory

2 progress’’ and all that follows through the pe3 riod and inserting ‘‘complied in such preceding

4 fiscal year with its management program or re5 vised management program approved under this

6 section.’’.

7 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

8 319(j) is amended by striking ‘‘and $130,000,000’’ and

9 all that follows through ‘‘$7,500,000’’ and inserting the

10 following: ‘‘$130,000,000 for each of fiscal years 1991,

11 1992, and 1993, $200,000,000 for fiscal year 1994,

12 $250,000,000 for fiscal year 1995, $300,000,000 for fis13 cal year 1996, $350,000,000 for fiscal year 1997,

14 $400,000,000 for fiscal year 1998, $450,000,000 for fis15 cal year 1999, and $500,000,000 for fiscal year 2000; ex16 cept that for each of such fiscal years not to exceed

17 $25,000,000’’.

18 (g) REPORTS.—Section 319(m) is amended—

19 (1) in paragraph (1) by striking ‘‘ANNUAL’’ and

20 inserting ‘‘BIENNIAL’’;

21 (2) in paragraph (1) by striking ‘‘1988, and

22 each January 1’’ and inserting ‘‘1995, and bienni23 ally’’; and

24 (3) in paragraph (2) by striking ‘‘FINAL RE25 PORT.—’’ and all that follows through ‘‘Such re-
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1 port,’’ and insert ‘‘CONTENTS.—Each report submit2 ted under paragraph (1),’’.

3 (h) GUIDANCE ON BEST MANAGEMENT PRACTICES

4 AND MEASURES.—Section 319 is further amended by add5 ing at the end the following new subsection:

6 ‘‘(o) GUIDANCE ON BEST MANAGEMENT PRACTICES

7 AND MEASURES.—

8 ‘‘(1) IN GENERAL.—The Administrator, in con9 sultation with appropriate Federal and State depart10 ments and agencies, and after providing notice and

11 opportunity for public comment, shall publish guid12 ance to identify best management practices and

13 measures which may be undertaken under manage14 ment programs established pursuant to this section.

15 ‘‘(2) PUBLICATION.—The Administrator shall

16 publish proposed guidance under this subsection not

17 later than 6 months after the date of the enactment

18 of this subsection and shall publish final guidance

19 under this subsection not later than 18 months after

20 such date of enactment. The Administrator shall pe21 riodically review and revise the final guidance at

22 least every 3 years after its publication.

23 ‘‘(3) BEST MANAGEMENT PRACTICES AND

24 MEASURES DEFINED.—For the purposes of this sub25 section, the term ‘best management practices and
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1 measures’ means economically achievable measures

2 for the control of the addition of pollutants from ex3 isting and new categories and classes of nonpoint

4 sources of pollution which reflect the greatest degree

5 of pollutant reduction achievable through the appli6 cation of the best available nonpoint pollution con7 trol practices, technologies, processes, siting criteria,

8 operating methods, or other alternatives.’’.

9 (i) ENFORCEABLE POLICY DEFINED.—Section 319

10 of such Act is further amended by adding at the end the

11 following new subsection:

12 ‘‘(p) ENFORCEABLE POLICY DEFINED.—In this sec13 tion, the term ‘enforceable policy’ means any policy of a

14 State which is legally binding through constitutional provi15 sions, laws, regulations, land use plans, ordinances, or ju16 dicial or administrative decisions and by which the State

17 exercises control over private and public land and water

18 uses and natural resources.’’.

19 SEC. 312. NATIONAL ESTUARY PROGRAM.

20 (a) TECHNICAL AMENDMENT.—Section 320(a)(2)(B)

21 (33 U.S.C. 1330(a)(2)(B)) is amended to read as follows:

22 ‘‘(B) PRIORITY CONSIDERATION.—The Ad23 ministrator shall give priority consideration

24 under this section to Long Island Sound, New

25 York and Connecticut; Narragansett Bay,
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•HR 3948 IH

1 Rhode Island; Buzzards Bay, Massachusetts;

2 Massachusetts Bay, Massachusetts (including

3 Cape Cod Bay and Boston Harbor); Puget

4 Sound, Washington; New York-New Jersey

5 Harbor, New York and New Jersey; Delaware

6 Bay, Delaware and New Jersey; Delaware In7 land Bays, Delaware; Albemarle Sound, North

8 Carolina; Sarasota Bay, Florida; San Francisco

9 Bay, California; Santa Monica Bay, California;

10 Galveston Bay, Texas; Barataria-Terrebonne

11 Bay estuary complex, Louisiana; Indian River

12 Lagoon, Florida; and Peconic Bay, New York.’’.

13 (b) GRANTS.—Section 320(g)(2) (33 U.S.C.

14 1330(g)(2)) is amended by inserting ‘‘and implementa15 tion’’ after ‘‘development’’.

16 SEC. 313. POLLUTION PREVENTION.

17 (a) POLLUTION PREVENTION PLANS.—Title III (33

18 U.S.C. 1311–1330) is amended by adding at the end the

19 following:

20 ‘‘SEC. 321. POLLUTION PREVENTION PLANS.

21 ‘‘(a) DEVELOPMENT.—The Administrator shall es22 tablish by regulation a schedule under which major

23 nonmunicipal dischargers of pollutants and significant in24 dustrial users are required to develop and submit, to the

25 Administrator and the State in the case of a State which
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1 is administering a pollution prevention program approved

2 by the Administrator under this section, a plan to prevent

3 or reduce pollution of navigable waters.

4 ‘‘(b) CONTENTS.—A plan developed and submitted to

5 the Administrator under this section shall include, at a

6 minimum, the following:

7 ‘‘(1) IDENTIFICATION OF POLLUTANTS.—Iden8 tification of those pollutants that the person submit9 ting the plan discharges into navigable waters or in10 troduces into a publicly owned treatment works.

11 ‘‘(2) DESCRIPTION OF POLLUTION SOURCES

12 AND COMPREHENSIVE REVIEW OF PROCESSES.—A

13 description of the sources of such pollutants and a

14 comprehensive review of the processes used by the

15 person submitting the plan that result in the dis16 charge or introduction of such pollutants, as the

17 case may be.

18 ‘‘(3) ANALYSIS OF POLLUTION PREVENTION

19 METHODS.—An analysis of the methods which could

20 be used to prevent or reduce such pollution in a cost

21 effective manner, including application of innovative

22 and alternative technologies, and any adverse envi23 ronmental impacts of the use of those methods.

24 ‘‘(4) STATEMENT OF GOALS.—A statement of

25 pollution prevention goals or strategies of the person
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1 submitting the plan, including priorities for short2 term and long-term action.

3 ‘‘(5) DESCRIPTION OF INTENDED ACTIONS.—A

4 description of the methods which the person submit5 ting the plan intends to implement over the succeed6 ing 5-year period in order to implement the goals or

7 strategies contained in the statement described in

8 paragraph (4).

9 ‘‘(6) DESCRIPTION OF EXISTING POLLUTION

10 PREVENTION METHODS.—A description of any pollu11 tion prevention measures that currently are being

12 implemented by the person submitting the plan and,

13 to the extent available, identification of their im14 pacts.

15 ‘‘(c) COMPARABLE STATE AND LOCAL PROGRAMS.—

16 At any time after the date of the issuance of regulations

17 to carry out this section, the Governor of a State may sub18 mit to the Administrator a description of pollution preven19 tion laws and programs for discharges of pollutants into

20 navigable waters and introduction of pollutants into pub21 licly owned treatment works within its jurisdiction the

22 State proposes to administer under State law or under an

23 interstate compact, including any existing State pollution

24 prevention program. If the Administrator determines that

25 the State program is at least comparable to the program
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1 of the Administrator under this section, then the State

2 program shall apply instead of the program of the Admin3 istrator.

4 ‘‘(d) PUBLIC AVAILABILITY.—A person submitting a

5 plan to the Administrator or a State under this section

6 shall make summaries of such plan available to the public,

7 upon request or during normal working hours, at the prin8 cipal place of business of such person located in the juris9 diction of the State.

10 ‘‘(e) NONENFORCEABILITY.—The contents of a plan

11 to be developed and submitted to the Administrator or a

12 State under this section shall not be enforceable.

13 ‘‘(f) CONFIDENTIALITY.—Information made available

14 to the Administrator in a plan developed under this section

15 shall be entitled to protection under section 1905 of title

16 18, United States Code, and shall be considered confiden17 tial in accordance with the purposes of that section, except

18 that such information may be disclosed to other officers,

19 employees, or authorized representatives of the United

20 States concerned with carrying out this Act. Information

21 to be submitted to a State in a plan developed under this

22 section shall be afforded protection equivalent to that

23 which would be afforded to such information under the

24 preceding sentence and section 1905 of such title if the
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1 information was being submitted to the Administrator

2 under this section.

3 ‘‘(g) LIMITATIONS ON STATUTORY CONSTRUC4 TION.—Nothing in this section shall be construed as af5 fecting applicable effluent limitations or the requirements

6 for individual control strategies under section 304(l).

7 Nothing in this section shall be construed to authorize the

8 Administrator or a State to modify or condition the con9 tents of an adequately prepared plan submitted under this

10 section.

11 ‘‘(h) REGULATIONS.—Not later than 1 year after the

12 date of the enactment of this section, the Administrator

13 shall issue such regulations as may be necessary to carry

14 out this section.

15 ‘‘(i) REPORT ON INNOVATIVE AND ALTERNATIVE

16 TECHNOLOGIES.—Not later than 1 year after the date of

17 the enactment of this section, the Administrator shall re18 view, analyze, and compile in a report information on inno19 vative and alternative technologies which are available for

20 preventing and reducing pollution of navigable waters,

21 submit such report to Congress, and publish in the Fed22 eral Register a summary of such report and a notice of

23 the availability of such report. The Administrator shall an24 nually update the report prepared under this subsection,

25 submit the updated report to Congress, and publish in the
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1 Federal Register a summary of the updated report and

2 a notice of its availability.

3 ‘‘(j) DEFINITIONS.—In this section, the following

4 definitions apply:

5 ‘‘(1) MAJOR NONMUNICIPAL DISCHARGER OF

6 POLLUTANTS.—The term ‘major nonmunicipal dis7 charger of pollutants’ means a person who dis8 charges toxic chemicals in excess of 200,000 pounds

9 per year into navigable waters and who is required

10 to submit forms or information to the Administrator

11 under section 313 of the Emergency Planning and

12 Community Right-To-Know Act of 1986 (42 U.S.C.

13 11023).

14 ‘‘(2) SIGNIFICANT INDUSTRIAL USER.—The

15 term ‘significant industrial user’ means a person

16 who introduces into a publicly owned treatment

17 works toxic chemicals in excess of 200,000 pounds

18 per year and who is required to submit forms or in19 formation to the Administrator under section 313 of

20 the Emergency Planning and Community Right-To21 Know Act of 1986 (42 U.S.C. 11023).’’.

22 (b) TOXIC REDUCTION ACTION PLANS.—Section 307

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

24 following:

25 ‘‘(f) TOXIC REDUCTION ACTION PLANS.—
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1 ‘‘(1) DEVELOPMENT.—Each publicly owned

2 treatment works that is required to develop an ap3 proved pretreatment program under this Act and

4 each federally owned treatment works shall develop

5 a toxic reduction action plan.

6 ‘‘(2) PURPOSE.—A plan developed under this

7 section shall be designed to reduce, through public

8 education, best management practices, technology9 based local limits, and other means, the introduction

10 of toxic pollutants and hazardous wastes into pub11 licly owned treatment works and federally owned

12 treatment works and shall be directed at sources not

13 scheduled to be subject to categorical standards

14 under section 304(l).

15 ‘‘(3) GUIDANCE.—Not later than 18 months

16 after the date of the enactment of this subsection,

17 and after providing for notice and comment, the Ad18 ministrator shall publish guidance on the develop19 ment, approval, and implementation of plans under

20 this subsection and on providing technical assistance

21 to small communities to assist them in reducing the

22 introduction of toxic pollutants and hazardous

23 wastes from small industrial and commercial sources

24 into publicly owned treatment works and federally

25 owned treatment works.
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1 ‘‘(4) ENFORCEMENT.—Effective on the last day

2 of the 1-year period beginning on the date of publi3 cation of guidance under paragraph (3), a toxic re4 duction action plan approved by the Administrator

5 under this section shall be a precondition for issu6 ance or renewal of a permit under section 402 of

7 this Act to a treatment works that is required to

8 have an approved pretreatment program under this

9 Act.’’.

10 SEC. 314. STATE WATERSHED MANAGEMENT PROGRAMS.

11 (a) ESTABLISHMENT.—Title III (33 U.S.C. 1311–

12 1330) is amended by adding at the end the following:

13 ‘‘SEC. 322. STATE WATERSHED MANAGEMENT PROGRAMS.

14 ‘‘(a) APPLICATION.—A State may submit to the Ad15 ministrator for approval an application to implement a

16 State watershed management program. Such application

17 shall be in such form and contain such information as the

18 Administrator may require by regulation.

19 ‘‘(b) MINIMUM ELEMENTS FOR APPROVAL.—The Ad20 ministrator may only approve a State watershed manage21 ment program for implementation under this section if the

22 State provided an appropriate opportunity for public par23 ticipation in development of the program, if the State

24 demonstrates to the satisfaction of the Administrator the
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1 capability to implement the program, and if the program

2 includes the following elements:

3 ‘‘(1) Identification of the State agency respon4 sible for overseeing and approving watershed man5 agement plans under the program.

6 ‘‘(2) A method for establishing watershed areas

7 within the areas of the State, including watersheds

8 located in more than 1 State. If a watershed is lo9 cated in more than 1 State, the program shall re10 quire the State submitting the application to cooper11 ate with the other States within the boundaries of

12 which the watershed is located and may include co13 operative efforts, mutual assistance, and the estab14 lishment of agencies in accordance with section

15 103(b).

16 ‘‘(3) Designation of those watersheds which will

17 receive priority under the program for development

18 and implementation of watershed management

19 plans. The factors to be considered in designating

20 such watersheds may include—

21 ‘‘(A) the presence within the watershed of

22 waters the water quality of which is threatened

23 or impaired;

24 ‘‘(B) the need to protect highly productive,

25 fragile, declining, or unique environmental
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1 areas which rely on such waters for their exist2 ence;

3 ‘‘(C) the degree of risk to human health

4 and the environment within the watershed;

5 ‘‘(D) the need to restore or maintain wa6 ters of special significance to local interests;

7 and

8 ‘‘(E) the need to protect priority ground

9 water or drinking water supplies.

10 ‘‘(4) A schedule, including appropriate mile11 stones, for implementing watershed management

12 plans under the program and for achieving and

13 maintaining water quality standards in all waters lo14 cated within the boundaries of the State by not later

15 than December 31, 2009.

16 ‘‘(5) A mechanism for designation of those per17 sons who are responsible for development and imple18 mentation of each watershed management plan

19 under the program. The designated persons may in20 clude—

21 ‘‘(A) interstate and regional agencies or

22 entities having jurisdiction over all or a signifi23 cant part of the watershed;

24 ‘‘(B) interested Federal agencies;
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1 ‘‘(C) local governments having jurisdiction

2 over any land or water located within the water3 shed; and

4 ‘‘(D) affected industries, public and private

5 educational institutions, and representatives of

6 the general public.

7 ‘‘(6) Identification of State environmental ob8 jectives which will be adopted and achieved under

9 the program, including attainment of water quality

10 standards and other environmental goals and re11 quirements.

12 ‘‘(7) A program for monitoring water quality

13 for the purpose of determining the effectiveness of

14 the State watershed management program.

15 ‘‘(8) A mechanism for including public involve16 ment in the development and implementation of wa17 tershed management plans under the State water18 shed management program.

19 ‘‘(9) A process for State oversight and evalua20 tion of development and implementation of such

21 plans.

22 ‘‘(c) GUIDANCE.—Not later than 1 year after the

23 date of the enactment of this section, the Administrator,

24 after consultation with appropriate State and local govern25 ment agencies, shall develop and publish guidance to the
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1 States on development of State watershed management

2 programs. Such guidance shall describe the minimum ele3 ments necessary for approval of such programs under this

4 section.

5 ‘‘(d) COOPERATION OF OTHER FEDERAL AGEN6 CIES.—Upon request, Federal agencies shall provide to

7 States and watershed management entities such informa8 tion as may be useful for development and implementation

9 of watershed management programs and plans.

10 ‘‘(e) APPROVAL PROCESS.—Not later than the last

11 day of the 180th day following the date of submission of

12 an application under this subsection, the Administrator,

13 after consultation with other Federal agencies, shall ap14 prove or disapprove the application. If the Administrator

15 disapproves the application, the Administrator shall speci16 fy, in writing, any modifications of the application which

17 are necessary for approval of the application under this

18 section.

19 ‘‘(f) REVOCATION OF APPROVAL.—If the Adminis20 trator, after consultation with other Federal agencies,

21 finds that a State watershed management program ap22 proved under this section is not resulting in the mainte23 nance or attainment of water quality standards in accord24 ance with the implementation schedule approved as part

25 of the program under this section, the Administrator shall
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1 notify the State, in writing, of any modifications of the

2 program necessary to continue approval of the program

3 under this section. If, after the State has been provided

4 an opportunity to modify the program and to implement

5 the modified program, the program is not resulting in the

6 maintenance or attainment of water quality standards, the

7 Administrator shall revoke approval of the program under

8 this section.

9 ‘‘(g) STATE REPORTS.—Each State implementing a

10 watershed management program under this section shall

11 submit to the Administrator annual reports on the activi12 ties carried out under the program during the preceding

13 year and the progress being made toward attainment of

14 water quality standards and other environmental goals

15 and requirements under the program.

16 ‘‘(h) INCENTIVES.—

17 ‘‘(1) TRANSFERABILITY OF FUNDS.—In any fis18 cal year in which a State is implementing a State

19 watershed management program approved under

20 this section, the State may transfer any funds it re21 ceives under each of sections 104(b)(3), 104(g), 106,

22 314(b), 319, and 604(b) for use under any of such

23 other sections. Any such transfer shall be subject to

24 such limitations and conditions as the Administrator

25 may impose to ensure that the transferred funds are
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1 used in accordance with the terms and conditions of

2 the program to which such funds are transferred.

3 ‘‘(2) EXTENSION OF TERMS OF NPDES PER4 MITS.—In any fiscal year in which a State is imple5 menting a State watershed management program

6 approved under this section, the Administrator or

7 the State (if the State has a permit program ap8 proved under section 402) may extend—

9 ‘‘(A) on a one-time basis, the terms of per10 mits, issued under such section for the dis11 charge of any pollutant or combination of pol12 lutants into waters in a watershed subject to

13 such program, from 5 years to a maximum of

14 8 years for the purpose of having the same ter15 mination year for all permits issued under such

16 section for discharges into waters in such wa17 tershed; and

18 ‘‘(B) the terms of permits issued under

19 such section for discharges from a point source

20 into waters in the State from 5 years to a maxi21 mum of 10 years if such waters are meeting ap22 plicable water quality standards under this Act

23 and if, throughout the term of the permit, such

24 water quality standards will be maintained.’’.

25 (b) ADDITIONAL INCENTIVES.—
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1 (1) EXTENSION OF REVIEW PROCESS.—Section

2 303(c)(1) (33 U.S.C. 1313(c)(1)) is amended by in3 serting after ‘‘1972’’ the following: ‘‘or at least once

4 each 5-year period in the case of a State which is

5 implementing a watershed management program ap6 proved under section 322’’.

7 (2) PLANNING.—Section 604(b) (33 U.S.C.

8 1384(b)) is amended by adding at the end the fol9 lowing: ‘‘In any fiscal year in which a State is imple10 menting a State watershed management program

11 approved under section 322, the State may reserve

12 up to an additional 2 percent of the sums allotted

13 to the State for such fiscal year for development of

14 watershed management plans under such program if

15 50 percent of the amount reserved under this sen16 tence will be made available to local entities.’’.

17 (c) TRANSFER OPPORTUNITIES.—

18 (1) STUDY.—The Administrator shall conduct a

19 study—

20 (A) to assess the opportunities for trans21 ferring the governmentally granted authority—

22 (i) to discharge conventional and

23 nonconventional pollutants between dis24 charges of pollutants with similar environ25 mental effects;
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1 (ii) to discharge toxic pollutants; and

2 (iii) to discharge pollutants between

3 different media and among a variety of

4 point and nonpoint sources; and

5 (B) to evaluate methods of implementing

6 such transfers.

7 (2) REPORT.—Not later than 18 months after

8 the date of the enactment of this Act, the Adminis9 trator shall transmit to Congress a report on the re10 sults of the study conducted under this subsection,

11 together with recommendations.

12 TITLE IV—PERMITS AND

13 LICENSES

14 SEC. 401. STATE PERMIT PROGRAMS.

15 (a) JUDICIAL REVIEW OF PERMITS.—Section

16 402(b)(3) (33 U.S.C. 1342(b)(3)) is amended—

17 (1) by striking ‘‘and to provide’’ and inserting

18 ‘‘, to provide’’; and

19 (2) by inserting before the semicolon at the end

20 the following: ‘‘, and to provide any interested per21 son an opportunity for judicial review of the ap22 proval or denial of any such application’’.

23 (b) PENALTIES.—Section 402(b)(7) (33 U.S.C.

24 1342(b)(7)) is amended by inserting after ‘‘civil and crimi-
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1 nal penalties’’ the following: ‘‘which are comparable to

2 Federal civil and criminal penalties’’.

3 SEC. 402. STORMWATER DISCHARGE PERMITS.

4 Section 402(p) of the Federal Water Pollution Con5 trol Act (33 U.S.C. 1342(p)) is amended to read as fol6 lows:

7 ‘‘(p) MUNICIPAL AND INDUSTRIAL STORMWATER

8 DISCHARGES.—

9 ‘‘(1) GENERAL RULE.—Permits for discharges

10 composed entirely of stormwater are required under

11 this Act only for the discharges described in para12 graph (2). No permit shall be required under this

13 Act for any other discharge composed entirely of

14 stormwater. Such other discharges shall be subject

15 to section 319, relating to nonpoint source manage16 ment programs.

17 ‘‘(2) DESCRIPTIONS OF DISCHARGES FOR

18 WHICH PERMITS ARE REQUIRED.—Permits are re19 quired under this Act for the following stormwater

20 discharges:

21 ‘‘(A) A discharge with respect to which a

22 permit has been issued under this section before

23 February 4, 1987.

24 ‘‘(B) A discharge associated with any in25 dustrial activity (other than a discharge that is
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1 composed entirely of stormwater) that is subject

2 to regulation by a State or local stormwater

3 program, and that is from a construction activ4 ity which disturbs less than 5 acres of total

5 land area and is not part of a larger common

6 plan of development or sale. The Administrator

7 may, by regulation, exempt from such permit

8 requirement a discharge composed entirely of

9 stormwater from conveyances or systems of

10 conveyances (including pipes, conduits, ditches,

11 and channels) used for collecting and conveying

12 precipitation runoff and which are not contami13 nated by contact with, or do not come into con14 tact with, any material handling equipment or

15 activity, industrial machinery, raw material, in16 termediate product, finished product, byprod17 uct, or waste product located on the site of the

18 industrial activity.

19 ‘‘(C) A discharge from a municipal sepa20 rate storm sewer system serving a population of

21 250,000 or more.

22 ‘‘(D) A discharge from a municipal sepa23 rate storm sewer system serving a population of

24 100,000 or more but less than 250,000.
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1 ‘‘(E) A discharge for which the Adminis2 trator or the State, as the case may be, deter3 mines that the stormwater discharge contrib4 utes to a violation of a water quality standard

5 or is a significant contributor of pollutants to

6 waters of the United States.

7 ‘‘(F) A discharge from a municipal sepa8 rate storm sewer system serving an urbanized

9 area (as defined by the Bureau of Census of the

10 Department of Commerce) with a population of

11 less than 100,000 and more than 50,000.

12 ‘‘(3) PERMIT REQUIREMENTS.—

13 ‘‘(A) INDUSTRIAL DISCHARGES.—Permits

14 for discharges associated with industrial activity

15 shall meet all applicable provisions of this sec16 tion and section 301.

17 ‘‘(B) MUNICIPAL DISCHARGE.—Permits

18 for discharges from municipal separate storm

19 sewer systems—

20 ‘‘(i) may be issued on a system- or ju21 risdiction-wide basis;

22 ‘‘(ii) shall include a requirement to ef23 fectively prohibit non-stormwater dis24 charges into the municipal separate storm

25 sewer system;
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1 ‘‘(iii) shall require controls to reduce

2 the discharge of pollutants to the maxi3 mum extent practicable, including manage4 ment practices, control techniques and sys5 tem, design and engineering methods, and

6 such other provisions as the Administrator

7 or the State determines appropriate for the

8 control of such pollutants;

9 ‘‘(iv) shall require reasonable progress

10 toward attainment of applicable water

11 quality standards under this Act as expedi12 tiously as possible, but not later than De13 cember 31, 2009; and

14 ‘‘(v) that are renewed after the date

15 of the enactment of this clause, shall in16 clude such additional requirements for the

17 control of the discharge of pollutants as

18 the Administrator or the State, in the case

19 of a State with authority to issue permits

20 under this section, determines are nec21 essary for the attainment or maintenance

22 of applicable water quality standards under

23 this Act.

24 ‘‘(C) GENERAL AND GROUP PERMITS.—

25 The Administrator or the State, in the case of
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1 a State with authority to issue permits under

2 this section, may, after notice and opportunity

3 for public hearing, issue general or group per4 mits for any discharges described in paragraph

5 (2) (other than discharges from municipal sepa6 rate storm sewer systems) if the Administrator

7 or the State determines that the discharges are

8 similar in nature and that application of similar

9 management measures will effectively reduce

10 pollution occurring from such discharges.

11 ‘‘(D) COMPLIANCE WITH WATER QUALITY

12 STANDARDS.—Neither the Administrator nor

13 the State, in the case of a State with authority

14 to issue permits under this section, may re15 quire, in a permit issued under this section for

16 discharges described in paragraph (2), compli17 ance with a numeric effluent limitation or an

18 applicable water quality standard directly before

19 December 31, 2009, except to the extent nec20 essary for implementation of management

21 measures under the regulations issued under

22 paragraph (5).

23 ‘‘(4) PERMIT APPLICATION REQUIREMENTS.—

24 ‘‘(A) INDUSTRIAL AND LARGE MUNICIPAL

25 DISCHARGES.—Not later than 2 years after the
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1 date of the enactment of this subsection, the

2 Administrator shall establish regulations setting

3 forth the permit application requirements for

4 stormwater discharges described in paragraphs

5 (2)(B) and (2)(C). Applications for permits for

6 such discharges shall be filed no later than No7 vember 18, 1992. Not later than November 18,

8 1993, the Administrator or the State, as the

9 case may be, shall issue or deny each such per10 mit. Any such permit shall provide for compli11 ance as expeditiously as practicable, but in no

12 event later than 3 years after the date of issu13 ance of such permit.

14 ‘‘(B) MEDIUM MUNICIPAL DISCHARGES.—

15 Not later than 4 years after the date of the en16 actment of this subsection, the Administrator

17 shall establish regulations setting forth the per18 mit application requirements for stormwater

19 discharges described in paragraph (2)(D). Ap20 plications for permits for such discharges shall

21 be filed no later than May 17, 1993. Not later

22 than May 17, 1994, the Administrator or the

23 State, as the case may be, shall issue or deny

24 each such permit. Any such permit shall provide

25 for compliance as expeditiously as practicable,
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1 but in no event later than 3 years after the date

2 of issuance of such permit.

3 ‘‘(C) OTHER URBANIZED DISCHARGES.—

4 Not later than October 1, 1995, the Adminis5 trator shall establish regulations setting forth

6 the permit application requirements for

7 stormwater discharges described in paragraph

8 (2)(F). Applications for permits for such dis9 charges shall be filed no later than May 1,

10 1997. Not later than May 1, 1998, the Admin11 istrator or the State, as the case may be, shall

12 issue or deny each such permit. Any such per13 mit shall provide for compliance as expedi14 tiously as practicable, but in no event later than

15 3 years after the date of issuance of such per16 mit.

17 ‘‘(5) REGULATIONS.—Not later than October 1,

18 1995, the Administrator, in consultation with State

19 and local officials, shall propose and, not later than

20 May 1, 1996, issue final regulations for the issuance

21 of permits for municipal separate storm sewer sys22 tem discharges described in paragraphs (2)(C),

23 (2)(D), and (2)(F). Such regulations shall include,

24 at a minimum, the following:
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1 ‘‘(A) Methods to prohibit effectively

2 nonstormwater discharges into the municipal

3 separate storm sewer system of the permittee.

4 ‘‘(B) Information on the development and

5 implementation of management measures to re6 duce, to the maximum extent practicable, the

7 discharge of pollutants from such system. In

8 this subsection, the term ‘management meas9 ures’ means economically achievable measures

10 for the control of the addition of pollutants

11 from a municipal separate storm sewer system

12 which reflect the greatest degree of pollutant

13 reduction achievable through the application of

14 the best available storm water control practices,

15 technologies, processes, siting criteria, operating

16 methods, or other alternatives. The Adminis17 trator shall establish objective minimum per18 formance standards for each management

19 measure.

20 ‘‘(C) Requirements for development and

21 implementation of a municipal stormwater qual22 ity management program for implementation of

23 the requirements of subparagraphs (A) and

24 (B). The program shall be incorporated into the
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1 permit and shall be subject to public hearing

2 and review before implementation.

3 ‘‘(D) Requirements for monitoring of the

4 waters receiving discharges described in para5 graphs (2)(C), (2)(D), and (2)(F) for the pur6 pose of determining if the requirements of the

7 permit are resulting in progress toward attain8 ing by December 31, 2009, applicable water

9 quality standards under this Act.

10 The Administrator shall periodically review and re11 vise the regulations taking into account States’ as12 sessments of the effectiveness of the management

13 measures being implemented under such regula14 tions.’’.

15 SEC. 403. COMBINED SEWER OVERFLOWS.

16 Section 402 (33 U.S.C. 1342) is amended by adding

17 at the end the following:

18 ‘‘(q) COMBINED SEWER OVERFLOWS.—

19 ‘‘(1) EXISTING PERMITS.—After the last day of

20 the 1-year period beginning on the date of the enact21 ment of this subsection, a permit issued under this

22 section before, on, or after such date of enactment

23 shall be subject to the provisions of this subsection

24 to the extent such permit applies to a discharge
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1 from a municipal combined sewer system resulting

2 from a wet weather overflow.

3 ‘‘(2) REGULATIONS.—Not later than 120 days

4 after the date of the enactment of this subsection,

5 the Administrator shall issue regulations—

6 ‘‘(A) to require, after the last day of the

7 1-year period described in paragraph (1), a per8 mit under this section for any discharge from a

9 municipal combined sewer system resulting

10 from a wet weather overflow;

11 ‘‘(B) to require that an applicant for such

12 a permit submit for approval to the Adminis13 trator or the State, in the case of a State with

14 authority to issue permits under this section, a

15 permit application that—

16 ‘‘(i) characterizes the combined sewer

17 system of the applicant and the impact of

18 the wet weather overflows from the system

19 on water quality;

20 ‘‘(ii) demonstrates the ability of the

21 applicant to implement, within 3 years

22 after the date of submission of the applica23 tion, such technology-based controls for

24 wet weather overflows as may be specified

25 in the regulations; and
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1 ‘‘(iii) contains a long-term control

2 plan;

3 ‘‘(C) to require that any permit issued on

4 the basis of such an application—

5 ‘‘(i) provide for implementation, with6 in 3 years after the date of submission of

7 the application, of such technology-based

8 controls for wet weather overflows as may

9 be specified in the regulations; and

10 ‘‘(ii) set forth a compliance schedule

11 for implementation of the long-term con12 trol plan contained in the application as

13 soon as practicable after the date of issu14 ance of such permit; and

15 ‘‘(D) to require that such permit require

16 reasonable progress toward attainment of appli17 cable water quality standards under this Act as

18 expeditiously as possible, but not later than De19 cember 31, 2009.

20 ‘‘(3) COMPLIANCE WITH WATER QUALITY

21 STANDARDS.—Before December 31, 2009, neither

22 the Administrator nor the State, in the case of a

23 State with authority to issue permits under this sec24 tion, may require in a permit issued under this sec25 tion and subject to this subsection that a discharge
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1 from a municipal combined sewer system resulting

2 from a wet weather overflow comply with a numeric

3 effluent limitation or a water quality standard di4 rectly.

5 ‘‘(4) LENGTH OF COMPLIANCE SCHEDULE.—

6 The term of any permit issued by the Administrator

7 or the State, in the case of a State with authority

8 to issue permits under this section, for a discharge

9 from a municipal combined sewer system resulting

10 from a wet weather overflow shall not be construed

11 to limit the length of the compliance schedule estab12 lished by the permit.’’.

13 SEC. 404. DISCHARGES INTO GROUND WATER.

14 Section 402 (33 U.S.C. 1342) is amended by adding

15 at the end the following:

16 ‘‘(r) DISCHARGES INTO GROUND WATER.—

17 ‘‘(1) GENERAL RULE.—For the purposes of this

18 section, any discharge of a pollutant into the ground

19 or ground waters shall be treated as a discharge of

20 a pollutant into the navigable waters if—

21 ‘‘(A) there is a reasonably foreseeable and

22 demonstrable direct hydrologic connection be23 tween the ground waters and surface waters in

24 the proximity of the discharge;
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1 ‘‘(B) a greater than de minimis quantity of

2 the pollutant reasonably and demonstrably is

3 able to reach such surface waters; and

4 ‘‘(C) no other Federal law directly address5 es the activity resulting in the discharge.

6 ‘‘(2) LIMITATION ON ASSESSMENT OF PEN7 ALTIES.—No penalty may be assessed under this

8 Act against any person for a discharge of a pollutant

9 into the ground or ground waters unless the person

10 knew or should have known that there is a direct hy11 drologic connection between the ground waters and

12 surface waters in the proximity of the discharge.

13 ‘‘(3) PERMIT APPLICATION REQUIREMENT.—

14 The Administrator or the State, in the case of a

15 State with authority to issue permits under this sec16 tion, shall require as part of any application for a

17 permit under this section that the applicant pro18 vide—

19 ‘‘(A) a description of any known or sus20 pected sources of pollution at the facility of the

21 applicant to the ground or ground waters that

22 have a direct hydrologic connection to surface

23 waters; and
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1 ‘‘(B) a description of any measures that

2 have been or will be taken by the applicant to

3 eliminate or reduce such sources of pollution.’’.

4 SEC. 405. BENEFICIAL USE OF BIOSOLIDS.

5 Section 405(g) (33 U.S.C. 1345(g)) is amended—

6 (1) in the first sentence of paragraph (1)—

7 (A) by inserting ‘‘(also referred to as

8 ‘biosolids’)’’ after ‘‘sewage sludge’’; and

9 (B) by inserting ‘‘building materials,’’ after

10 ‘‘agricultural and horticultural uses,’’;

11 (2) in paragraph (1) by adding at the end the

12 following: ‘‘Not later than January 1, 1996, the Ad13 ministrator shall issue guidance on the beneficial use

14 of sewage sludge.’’; and

15 (3) in paragraph (2) by striking ‘‘September

16 30, 1986,’’ and inserting ‘‘September 30, 1994,’’.

17 TITLE V—GENERAL PROVISIONS

18 SEC. 501. NEEDS ESTIMATE.

19 Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amend20 ed—

21 (1) in the first sentence by striking ‘‘biennially

22 revised’’ and inserting ‘‘quadrennially revised’’; and

23 (2) in the second sentence by striking ‘‘Feb24 ruary 10 of each odd numbered year’’ and inserting
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1 ‘‘December 31, 1995, and December 31 of every 4th

2 calendar year thereafter’’.

3 SEC. 502. EMERGENCY POWERS.

4 Section 504 (33 U.S.C. 1364) is amended to read as

5 follows:

6 ‘‘SEC. 504. EMERGENCY POWERS.

7 ‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—Not8 withstanding any other provision of this Act, whenever the

9 Administrator finds that a pollution source or combination

10 of sources may present an imminent and substantial

11 endangerment (whether actual or threatened) to the public

12 health or welfare (including the livelihood of persons) or

13 to the environment, the Administrator may issue such or14 ders or take such action as may be necessary to protect

15 the public health or welfare or the environment and com16 mence a suit (or cause it to be commenced) in the United

17 States district court for the district in which the pollution

18 source or combination of sources is located. Such court

19 may grant such relief to abate the threat and to protect

20 against the endangerment as the public interest and the

21 equities of the case may require.

22 ‘‘(b) ENFORCEMENT OF ORDERS.—Any person who,

23 without sufficient cause, violates or fails to comply with

24 an order of the Administrator issued under this section

25 shall be liable for civil penalties to the United States in
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1 an amount not to exceed $25,000 per day for each day

2 on which such violation or failure occurs or continues.’’.

3 SEC. 503. CITIZEN SUITS.

4 (a) NOTICE.—Section 505(b) (33 U.S.C. 1365(b)) is

5 amended by adding at the end the following: ‘‘After an

6 action is commenced against a person under this sub7 section, the plaintiff shall not be required to provide notice

8 under paragraph (1)(A) for any alleged violation by such

9 person that is not identified in a discharge monitoring re10 port that is publically available prior to the 60-day period

11 referred to in paragraph (1)(A).’’.

12 (b) REQUIREMENT FOR COMMENCING CITIZEN

13 SUITS.—Section 505(a)(1) (33 U.S.C. 1365(a)(1)) is

14 amended by inserting after ‘‘who is alleged’’ the following:

15 ‘‘to have violated in the 180-day period ending on the date

16 of issuance of notice under subsection (b)(1) or’’.

17 (c) REVIEW OF CONSENT JUDGMENTS.—Section

18 505(c)(3) (33 U.S.C. 1365(c)(3)) is amended by inserting

19 after the first sentence the following: ‘‘The Attorney Gen20 eral and the Administrator shall each review the proposed

21 consent judgment to determine the consistency of the

22 judgment with the purposes and requirements of this Act.

23 The court shall consider any views submitted on behalf

24 of the United States as to such consistency in determining

25 whether to enter the proposed consent judgment.’’.
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1 SEC. 504. GENERAL PROGRAM AUTHORIZATIONS.

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

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

4 and

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

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

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

8 each of fiscal years 1994 and 1995, $190,000,000

9 for each of fiscal years 1996 and 1997,

10 $195,000,000 for each of fiscal years 1998 and

11 1999, and $200,000,000 for fiscal year 2000.’’.

12 SEC. 505. NATIVE AMERICAN PROGRAMS.

13 (a) REVISED REPORT.—Section 518(b) (33 U.S.C.

14 1377(b)) is amended by adding at the end the following:

15 ‘‘Not later than 18 months after the date of the enactment

16 of the Water Quality Act of 1994, the Administrator shall

17 update the assessment conducted under this subsection

18 and transmit to Congress a revised version of the report

19 and recommendations submitted under this subsection.’’.

20 (b) SEWAGE TREATMENT.—Section 518(c) (33

21 U.S.C. 1377(c)) is amended—

22 (1) by striking ‘‘one-half of one percent of the

23 sums appropriated under section 207’’ and inserting

24 ‘‘1 percent of the sums appropriated under section

25 607’’; and
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1 (2) by adding at the end the following: ‘‘The

2 Administrator shall provide the funds reserved under

3 this subsection directly to Indian tribes and may

4 make a grant in an amount not to exceed 100 per5 cent of the cost of a project that is the subject of

6 the grant. In making a grant under this subsection,

7 the Administrator shall give priority to projects that

8 address the most significant public health and envi9 ronmental pollution problems, as determined by a

10 needs assessment conducted under subsection (b).’’.

11 (c) NONPOINT POLLUTION CONTROL.—Section

12 518(f) (33 U.S.C. 1377(f)) is amended—

13 (1) in the second sentence by striking ‘‘one14 third’’ and inserting ‘‘one-half’’; and

15 (2) by adding at the end the following new sen16 tence: ‘‘Notwithstanding section 319(h)(3), the Ad17 ministrator may make a grant under this subsection

18 in an amount not to exceed 100 percent of the cost

19 of the project that is the subject of the grant.’’.

20 (d) REVOLVING LOAN FUNDS.—Section 603(c)(1)

21 (33 U.S.C. 1383(c)(1)) is amended by inserting ‘‘or In22 dian tribe’’ after ‘‘State agency’’.
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1 TITLE VI—STATE WATER POLLU2 TION CONTROL REVOLVING

3 FUNDS

4 SEC. 601. WATER USE EFFICIENCY MEASURES.

5 (a) GENERAL AUTHORITY FOR CAPITALIZATION

6 GRANTS.—Section 601(a) (33 U.S.C. 1381(a)) is amend7 ed by inserting after ‘‘publicly owned’’ the following: ‘‘and

8 for implementation of water use efficiency measures whose

9 principal purpose is improving or protecting water

10 quality’’.

11 (b) PROJECT ELIGIBILITY.—Section 603(c) (33

12 U.S.C. 1383(c)) is amended by inserting after ‘‘section

13 212 of this Act)’’ the following: ‘‘and for implementation

14 of water use efficiency measures whose principal purpose

15 is improving or protecting water quality’’.

16 SEC. 602. GUIDANCE FOR SMALL COMMUNITIES.

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

18 at the end the following new subsection:

19 ‘‘(c) GUIDANCE FOR SMALL COMMUNITIES.—

20 ‘‘(1) SIMPLIFIED PROCEDURES.—Not later than

21 1 year after the date of the enactment of this sub22 section, the Administrator shall establish simplified

23 procedures for small communities to obtain assist24 ance under this title.
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1 ‘‘(2) PUBLICATION OF MANUAL.—Not later

2 than 1 year after the date of the enactment of this

3 subsection, the Administrator shall publish a manual

4 to assist small communities in obtaining assistance

5 under this title and publish in the Federal Register

6 notice of availability of the manual.

7 ‘‘(3) SMALL COMMUNITY DEFINED.—For pur8 poses of this title, the term ‘small community’ means

9 a municipality or intermunicipal, interstate, or State

10 agency seeking assistance under this title which

11 serves a population of 20,000 or less.’’.

12 SEC. 603. TYPES OF ASSISTANCE.

13 (a) EXTENDED REPAYMENT PERIOD FOR HARDSHIP

14 COMMUNITIES.—Section 603(d)(1) (33 U.S.C.

15 1383(d)(1)) is amended—

16 (1) in subparagraph (A) by inserting after ‘‘20

17 years’’ the following: ‘‘or, in the case of a municipal18 ity or intermunicipal, interstate, or State agency ap19 plying for assistance for a service area in which the

20 average annual residential sewage treatment charge,

21 after completion of the project, will be greater than

22 1.25 percent of the median family income for such

23 service area, the lesser of 30 years or the expected

24 life of the project to be financed with the proceeds

25 of the loan’’; and
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1 (2) in subparagraph (B) by striking ‘‘not later

2 than 20 years after project completion’’ and insert3 ing ‘‘upon the expiration of the term of the loan’’.

4 (b) TECHNICAL AND PLANNING ASSISTANCE FOR

5 SMALL COMMUNITIES.—Section 603(d) (33 U.S.C.

6 1383(d)) is amended—

7 (1) by striking ‘‘and’’ at the end of paragraph

8 (6);

9 (2) by striking the period at the end of para10 graph (7) and inserting ‘‘; and’’; and

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

12 paragraph:

13 ‘‘(8) to provide technical and planning assist14 ance to small communities; except that such

15 amounts shall not exceed 1 percent of all grant

16 awards to such fund under this title.’’.

17 (c) INTEREST RATES.—Section 603 is further

18 amended by adding at the end the following new sub19 section:

20 ‘‘(i) INTEREST RATES.—In any case in which a State

21 makes a loan pursuant to subsection (d)(1) to a municipal22 ity or intermunicipal, interstate, or State agency applying

23 for assistance for a service area in which the average an24 nual residential sewage treatment charge will increase,

25 after completion of the project for which the loan is made
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1 and as a result of the project, to greater than 1.25 percent

2 of the median family income for such service area, the

3 State may charge a negative interest rate so as to reduce

4 the unpaid principal of the loan to the extent that such

5 assistance is necessary to ensure that such charge is not

6 greater than 1.25 percent of such median family income

7 taking into account any extension of the repayment period

8 under subsection (d)(1)(A).’’.

9 SEC. 604. ALLOTMENT OF FUNDS.

10 Section 604(a) (33 U.S.C. 1384(a)) is amended by

11 striking ‘‘and 1990’’ and inserting ‘‘through 1994’’.

12 SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

13 Section 607 (33 U.S.C. 1387(a)) is amended by strik14 ing paragraph (3) and all that follows through the period

15 at the end and inserting the following:

16 ‘‘(3) $2,400,000,000 for fiscal year 1992;

17 ‘‘(4) $2,550,000,000 for fiscal year 1993;

18 ‘‘(5) $2,500,000,000 for fiscal year 1994;

19 ‘‘(6) $3,000,000,000 for fiscal year 1995;

20 ‘‘(7) $3,500,000,000 for fiscal year 1996;

21 ‘‘(8) $4,000,000,000 for fiscal year 1997;

22 ‘‘(9) $4,500,000,000 for fiscal year 1998;

23 ‘‘(10) $5,000,000,000 for fiscal year 1999; and

24 ‘‘(11) $5,500,000,000 for fiscal year 2000.’’.
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1 TITLE VII—MISCELLANEOUS

2 PROVISIONS

3 SEC. 701. FINANCIAL ASSISTANCE FOR INTERNATIONAL

4 WASTEWATER TREATMENT FACILITIES.

5 (a) IN GENERAL.—The Administrator is authorized

6 to provide financial assistance to States for planning, de7 sign, and construction of international wastewater treat8 ment works in the vicinity of the United States-Mexico

9 border which are for the protection of United States resi10 dents and waters from pollution originating in Mexico.

11 (b) APPROVAL OF PLANS.—Any international

12 wastewater treatment facility for which financial assist13 ance is provided under this section shall be constructed

14 in accordance with plans developed by the International

15 Boundary and Water Commission in consultation with the

16 water pollution control agency of the affected State, and

17 approved by the United States and Mexico, to meet appli18 cable standards under the laws of the United States and

19 Mexico and under applicable treaties and international

20 agreements. Such plans shall include construction cost es21 timates and identify responsible parties and the allocation

22 of costs associated with operating and maintaining the

23 treatment works.

24 (c) DEFINITIONS.—For purposes of this section, the

25 following definitions apply:
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1 (1) CONSTRUCTION; TREATMENT WORKS.—The

2 terms ‘‘construction’’ and ‘‘treatment works’’ have

3 the meanings such terms have under section 212 of

4 the Federal Water Pollution Control Act.

5 (2) SEWAGE.—The term ‘‘sewage’’ means spent

6 or used water of a municipality which contains

7 human waste and other dissolved and suspended

8 matter and includes wastewater from industries

9 which discharge into a municipal collection system

10 and any ground water, surface water, or stormwater

11 which enters the system.

12 (3) INTERNATIONAL WASTEWATER TREATMENT

13 WORKS.—The term ‘‘international wastewater treat14 ment works’’ means any facility constructed pursu15 ant to a Minute agreement of the International

16 Boundary and Water Commission, United States

17 and Mexico, for the treatment of wastewater in the

18 vicinity of the border described in subsection (a).

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $50,000,000 for fiscal years beginning after September

22 30, 1994.

23 SEC. 702. WASTEWATER SERVICE FOR COLONIAS.

24 (a) GRANT ASSISTANCE.—The Administrator may

25 make grants to States along the United States-Mexico
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1 border to provide assistance for planning, design, and con2 struction of treatment works to provide wastewater service

3 to the communities along such border commonly known

4 as ‘‘colonias’’.

5 (b) FEDERAL SHARE.—The Federal share of the cost

6 of a project carried out using grants made available under

7 subsection (a) shall be 50 percent. The non-Federal share

8 of such cost shall be provided by the State receiving the

9 grant.

10 (c) TREATMENT WORKS DEFINED.—For purposes of

11 this section, the term ‘‘treatment works’’ has the meaning

12 given such term by section 212 of the Federal Water Pol13 lution Control Act.

14 (d) FUNDING.—The Administrator shall carry out

15 this section using amounts not to exceed $60,000,000

16 which were appropriated before the date of the enactment

17 of this Act and which are available for such purpose.

18 SEC. 703. POLLUTION FROM MOBILE SOURCES.

19 (a) STUDY.—The Administrator shall conduct a

20 study of pollutants to the navigable waters which originate

21 from mobile sources and which impair or threaten water

22 quality.

23 (b) DETERMINATION.—In conducting the study

24 under subsection (a), the Administrator shall determine

25 whether each source of pollution identified under the study
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1 enters the navigable waters from a point or nonpoint

2 source.

3 (c) REPORT.—Not later than 2 years after the date

4 of the enactment of this section, the Administrator shall

5 transmit to the Committee on Public Works and Trans6 portation of the House of Representatives and the Com7 mittee on Environment and Public Works of the Senate

8 a report containing the results of the study to be con9 ducted under subsection (a), together with recommenda10 tions on actions to reduce or eliminate pollution from mo11 bile sources.

12 (d) PUBLIC REVIEW AND COMMENT.—Before trans13 mitting a report under subsection (c), the Administrator

14 shall make the report available for public review and com15 ment.

16 SEC. 704. TECHNICAL AMENDMENTS.

17 (a) SECTION 118.—Section 118(c)(1)(A) (33 U.S.C.

18 1268(c)(1)(A)) is amended by striking the last comma.

19 (b) SECTION 120.—Section 120(d) (33 U.S.C.

20 1270(d)) is amended by striking ‘‘(1)’’.

21 (c) SECTION 204.—Section 204(a)(3) (33 U.S.C.

22 1284(a)(3)) is amended by striking the final period and

23 inserting a semicolon.

24 (d) SECTION 205.—Section 205 (33 U.S.C. 1285) is

25 amended—
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1 (1) in subsection (c)(2) by striking ‘‘and 1985’’

2 and inserting ‘‘1985 , and 1986’’;

3 (2) in subsection (c)(2) by striking ‘‘through

4 1985’’ and inserting ‘‘through 1986’’;

5 (3) in subsection (g)(1) by striking the period

6 following ‘‘4 per centum’’; and

7 (4) in subsection (m)(1)(B) by striking ‘‘this’’

8 and inserting ‘‘such’’.

9 (e) SECTION 208.—Section 208 (33 U.S.C. 1288) is

10 amended—

11 (1) in subsection (h)(1) by striking ‘‘designed’’

12 and inserting ‘‘designated’’; and

13 (2) in subsection (j)(1) by striking ‘‘September

14 31, 1988’’ and inserting ‘‘September 30, 1988’’.

15 (f) SECTION 301.—Section 301(j)(1)(A) (33 U.S.C.

16 1311(j)(1)(A)) is amended by striking ‘‘that’’ the first

17 place it appears and inserting ‘‘than’’.

18 (g) SECTION 309.—Section 309(d) (33 U.S.C.

19 1319(d)) is amended by striking the second comma follow20 ing ‘‘Act by a State’’.

21 (h) SECTION 311.—Section 311 (33 U.S.C. 1321) is

22 amended—

23 (1) in subsection (b) by moving paragraph (12)

24 (including subparagraphs (A), (B) and (C)) 2 ems

25 to the right; and
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1 (2) in subsection (h)(2) by striking ‘‘The’’ and

2 inserting ‘‘the’’.

3 (i) SECTION 404.—Section 404(s)(3) (33 U.S.C.

4 1344(s)(3)) is amended by striking ‘‘acton’’ and inserting

5 ‘‘action’’.

6 (j) SECTION 505.—Section 505(f) (33 U.S.C.

7 1365(f)) is amended by striking the last comma.

8 (k) SECTION 516.—Section 516 (33 U.S.C. 1375) is

9 amended by redesignating subsection (g) as subsection (f).

10 (l) SECTION 518.—Section 518(f) (33 U.S.C.

11 1377(f)) is amended by striking ‘‘(d)’’ and inserting ‘‘(e)’’.

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