II 

113TH CONGRESS 

1ST SESSION S. 861 

To amend the Federal Water Pollution Control Act to provide guidance 

and clarification regarding issuing new and renewal permits, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2013 

Mr. MCCONNELL (for himself and Mr. PAUL) introduced the following bill; 

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

Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new 

and renewal permits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NATIONAL POLLUTANT DISCHARGE ELIMI4 NATION SYSTEM. 

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

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

7 is amended by adding at the end the following: 

8 ‘‘(s) APPLICABILITY OF GUIDANCE.— 

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


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1 ‘‘(A) GUIDANCE.— 

2 ‘‘(i) IN GENERAL.—The term ‘guid3 ance’ means draft, interim, or final guid4 ance issued by the Administrator. 

5 ‘‘(ii) INCLUSIONS.—The term ‘guid6 ance’ includes— 

7 ‘‘(I) the comprehensive guidance 

8 issued by the Administrator and dated 

9 April 1, 2010; 

10 ‘‘(II) the proposed guidance enti11 tled ‘Draft Guidance on Identifying 

12 Waters Protected by the Clean Water 

13 Act’ and dated April 28, 2011; 

14 ‘‘(III) the final guidance pro15 posed by the Administrator and dated 

16 July 21, 2011; and 

17 ‘‘(IV) any other document or 

18 paper issued by the Administrator 

19 through any process other than the 

20 notice and comment rulemaking proc21 ess. 

22 ‘‘(B) NEW PERMIT.—The term ‘new per23 mit’ means a permit covering discharges from a 

24 structure— 


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

2 by a permitting authority; and 

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

4 ‘‘(I) pending as of the date of en5 actment of this subsection; or 

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

7 enactment of this subsection. 

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

9 ‘permitting authority’ means— 

10 ‘‘(i) the Administrator; or 

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

12 State program that is equivalent to the 

13 program under this section and approved 

14 by the Administrator. 

15 ‘‘(2) PERMITS.— 

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

17 other provision of law, in making a determina18 tion whether to approve a new permit or a re19 newed permit, the permitting authority— 

20 ‘‘(i) shall base the determination only 

21 on compliance with regulations issued by 

22 the Administrator or the permitting au23 thority; and 

24 ‘‘(ii) shall not base the determination 

25 on the extent of adherence of the applicant 


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1 for the new permit or renewed permit to 

2 guidance. 

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

4 authority does not approve or deny an applica5 tion for a new permit by the date that is 270 

6 days after the date of receipt of the application 

7 for the new permit, the applicant may operate 

8 as if the application were approved in accord9 ance with Federal law for the period of time for 

10 which a permit from the same industry would 

11 be approved. 

12 ‘‘(C) SUBSTANTIAL COMPLETENESS.—In 

13 determining whether an application for a new 

14 permit or a renewed permit received under this 

15 paragraph is substantially complete, the permit16 ting authority shall use standards for deter17 mining substantial completeness of similar per18 mits for similar facilities submitted in fiscal 

19 year 2007.’’. 

20 (b) STATE PERMIT PROGRAMS.— 

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

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

23 amended by striking subsection (b) and inserting the 

24 following: 

25 ‘‘(b) STATE PERMIT PROGRAMS.— 


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1 ‘‘(1) IN GENERAL.—At any time after the pro2 mulgation of the guidelines required by section 

3 304(I)(2), the Governor of each State desiring to ad4 minister a permit program for discharges into navi5 gable waters within the jurisdiction of the State may 

6 submit to the Administrator— 

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

8 program the State proposes to establish and ad9 minister under State law or under an interstate 

10 compact; and 

11 ‘‘(B) a statement from the attorney gen12 eral (or the attorney for those State water pol13 lution control agencies that have independent 

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

15 the case of an interstate agency, that the laws 

16 of the State, or the interstate compact, as ap17 plicable, provide adequate authority to carry out 

18 the described program. 

19 ‘‘(2) APPROVAL.—The Administrator shall ap20 prove each program for which a description is sub21 mitted under paragraph (1) unless the Adminis22 trator determines that adequate authority does not 

23 exist— 

24 ‘‘(A) to issue permits that— 


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1 ‘‘(i) apply, and ensure compliance 

2 with, any applicable requirements of sec3 tions 301, 302, 306, 307, and 403; 

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

5 5 years; 

6 ‘‘(iii) can be terminated or modified 

7 for cause including— 

8 ‘‘(I) a violation of any condition 

9 of the permit; 

10 ‘‘(II) obtaining a permit by mis11 representation or failure to disclose 

12 fully all relevant facts; and 

13 ‘‘(III) a change in any condition 

14 that requires either a temporary or 

15 permanent reduction or elimination of 

16 the permitted discharge; and 

17 ‘‘(iv) control the disposal of pollutants 

18 into wells; 

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

20 ensure compliance with, all applicable require21 ments of section 308; or 

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

23 reports to at least the same extent as required 

24 in section 308; 


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

2 other State the waters of which may be af3 fected, receives notice of each application for a 

4 permit and an opportunity for a public hearing 

5 before a ruling on each application; 

6 ‘‘(D) to ensure that the Administrator re7 ceives notice and a copy of each application for 

8 a permit; 

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

10 the permitting State), whose waters may be af11 fected by the issuance of a permit may submit 

12 written recommendations to the permitting 

13 State and the Administrator with respect to any 

14 permit application and, if any part of the writ15 ten recommendations are not accepted by the 

16 permitting State, that the permitting State will 

17 notify the affected State and the Administrator 

18 in writing of the failure of the State to accept 

19 the recommendations, including the reasons for 

20 not accepting the recommendations; 

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

22 issued if, in the judgment of the Secretary of 

23 the Army acting through the Chief of Engi24 neers, after consultation with the Secretary of 

25 the department in which the Coast Guard is opVerDate Mar 15 2010 02:40 May 07, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861

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1 erating, anchorage and navigation of any of the 

2 navigable waters would be substantially im3 paired by the issuance of the permit; 

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

5 the permit program, including civil and criminal 

6 penalties and other means of enforcement; 

7 ‘‘(H) to ensure that any permit for a dis8 charge from a publicly owned treatment works 

9 includes conditions to require the identification 

10 in terms of character and volume of pollutants 

11 of any significant source introducing pollutants 

12 subject to pretreatment standards under section 

13 307(b) into the treatment works and a program 

14 to ensure compliance with those pretreatment 

15 standards by each source, in addition to ade16 quate notice, which shall include information on 

17 the quality and quantity of effluent to be intro18 duced into the treatment works and any antici19 pated impact of the change in the quantity or 

20 quality of effluent to be discharged from the 

21 publicly owned treatment works, to the permit22 ting agency of— 

23 ‘‘(i) new introductions into the treat24 ment works of pollutants from any source 

25 that would be a new source as defined in 


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1 section 306 if the source were discharging 

2 pollutants; 

3 ‘‘(ii) new introductions of pollutants 

4 into the treatment works from a source 

5 that would be subject to section 301 if the 

6 source were discharging those pollutants; 

7 or 

8 ‘‘(iii) a substantial change in volume 

9 or character of pollutants being introduced 

10 into the treatment works by a source intro11 ducing pollutants into the treatment works 

12 at the time of issuance of the permit; and 

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

14 any publicly owned treatment works will comply 

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

16 ‘‘(3) ADMINISTRATION.—Notwithstanding para17 graph (2), the Administrator may not disapprove or 

18 withdraw approval of a program under this sub19 section on the basis of the following: 

20 ‘‘(A) The failure of the program to incor21 porate or comply with guidance (as defined in 

22 subsection (s)(1)). 

23 ‘‘(B) The implementation of a water qual24 ity standard that has been adopted by the State 


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1 and approved by the Administrator under sec2 tion 303(c).’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Section 309 of the Federal Water Pol5 lution Control Act (33 U.S.C. 1319) is amend6 ed— 

7 (i) in subsection (c)— 

8 (I) in paragraph (1)(A), by strik9 ing ‘‘402(b)(8)’’ and inserting 

10 ‘‘402(b)(2)(H)’’; and 

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

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

13 ‘‘402(b)(2)(H)’’; and 

14 (ii) in subsection (d), in the first sen15 tence, by striking ‘‘402(b)(8)’’ and insert16 ing ‘‘402(b)(2)(H)’’. 

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

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

19 amended in the first sentence by striking ‘‘sub20 section (b)(8) of this section’’ and inserting 

21 ‘‘subsection (b)(2)(H)’’. 

22 (c) SUSPENSION OF FEDERAL PROGRAM.—Section 

23 402(c) of the Federal Water Pollution Control Act (33 

24 U.S.C. 1342(c)) is amended— 


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1 (1) by redesignating paragraph (4) as para2 graph (5); and 

3 (2) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith6 standing paragraphs (1) through (3), the Adminis7 trator may not disapprove or withdraw approval of 

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

9 of the failure of the following: 

10 ‘‘(A) The failure of the program to incor11 porate or comply with guidance (as defined in 

12 subsection (s)(1)). 

13 ‘‘(B) The implementation of a water qual14 ity standard that has been adopted by the State 

15 and approved by the Administrator under sec16 tion 303(c).’’. 

17 (d) NOTIFICATION OF ADMINISTRATOR.—Section 

18 402(d)(2) of the Federal Water Pollution Control Act (33 

19 U.S.C. 1342(d)(2)) is amended— 

20 (1) by striking ‘‘(2) NO’’ and inserting the fol21 lowing: 

22 ‘‘(2) OBJECTION BY ADMINISTRATOR.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (C), no permit shall issue if— 


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

2 date on which the Administrator receives 

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

4 Administrator objects in writing to the 

5 issuance of the permit; or 

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

7 date on which the proposed permit of the 

8 State is transmitted to the Administrator, 

9 the Administrator objects in writing to the 

10 issuance of the permit as being outside the 

11 guidelines and requirements of this Act.’’; 

12 (2) in the second sentence, by striking ‘‘When13 ever the Administrator’’ and inserting the following: 

14 ‘‘(B) REQUIREMENTS.—If the Adminis15 trator’’; and 

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

17 ‘‘(C) EXCEPTION.—The Administrator 

18 shall not object to or deny the issuance of a 

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

20 based on the following: 

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

22 in subsection (s)(1). 

23 ‘‘(ii) The Administrator’s interpreta24 tion of a water quality standard that has 


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1 been adopted by the State and approved by 

2 the Administrator under section 303(c).’’. 

3 SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. 

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

5 Water Pollution Control Act (33 U.S.C. 1344(a)) is 

6 amended— 

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

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

9 issue’’ and inserting the following: 

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

11 ‘‘(a) PERMITS.— 

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

13 and 

14 (2) by adding at the end the following: 

15 ‘‘(2) DEADLINE FOR APPROVAL.— 

16 ‘‘(A) PERMIT APPLICATIONS.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii), if an environmental as19 sessment or environmental impact state20 ment, as appropriate, is required under the 

21 National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.), the Sec23 retary shall— 

24 ‘‘(I) begin the process not later 

25 than 90 days after the date on which 


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1 the Secretary receives a permit appli2 cation; and 

3 ‘‘(II) approve or deny an applica4 tion for a permit under this sub5 section not later than the latter of— 

6 ‘‘(aa) if an agency carries 

7 out an environmental assessment 

8 that leads to a finding of no sig9 nificant impact, the date on 

10 which the finding of no signifi11 cant impact is issued; or 

12 ‘‘(bb) if an agency carries 

13 out an environmental assessment 

14 that leads to a record of decision, 

15 15 days after the date on which 

16 the record of decision on an envi17 ronmental impact statement is 

18 issued. 

19 ‘‘(ii) PROCESSES.—Notwithstanding 

20 clause (i), regardless of whether the Sec21 retary has commenced an environmental 

22 assessment or environmental impact state23 ment by the date described in clause (i)(I), 

24 the following deadlines shall apply: 


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1 ‘‘(I) An environmental assess2 ment carried out under the National 

3 Environmental Policy Act of 1969 (42 

4 U.S.C. 4321 et seq.) shall be com5 pleted not later than 1 year after the 

6 deadline for commencing the permit 

7 process under clause (i)(I). 

8 ‘‘(II) An environmental impact 

9 statement carried out under the Na10 tional Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.) shall 

12 be completed not later than 2 years 

13 after the deadline for commencing the 

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

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

16 fails to act by the deadline specified in clause 

17 (i) or (ii) of subparagraph (A)— 

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

19 requested in the application, shall be con20 sidered to be approved; 

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

22 to the applicant; and 

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

24 to judicial review.’’. 

25 (b) STATE PERMITTING PROGRAMS.— 


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1 (1) AUTHORITY OF EPA ADMINISTRATOR.—Sec2 tion 404(c) of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1344(c)) is amended by striking 

4 ‘‘(c)’’ and inserting the following: 

5 ‘‘(c) AUTHORITY OF EPA ADMINISTRATOR.— 

6 ‘‘(1) POSSIBLE PROHIBITION OF SPECIFICA7 TION.—Until such time as the Secretary has issued 

8 a permit under this section, the Administrator is au9 thorized to prohibit the specification (including the 

10 withdrawal of specification) of any defined area as 

11 a disposal site, and he is authorized to deny or re12 strict the use of any defined area for specification 

13 (including the withdrawal of specification) as a dis14 posal site, whenever he determines, after notice and 

15 opportunity for public hearings, that the discharge 

16 of such materials into such area will have an unac17 ceptable adverse effect on municipal water supplies, 

18 shellfish beds and fishery areas (including spawning 

19 and breeding areas), wildlife, or recreational areas. 

20 Before making such determination, the Adminis21 trator shall consult with the Secretary. The Admin22 istrator shall set forth in writing and make public 

23 his findings and his reasons for making any deter24 mination under this subsection. 


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1 ‘‘(2) AUTHORITY OF STATE PERMITTING PRO2 GRAMS.—Paragraph (1) shall not apply to any per3 mit if the State in which the discharge originates or 

4 will originate does not concur with the Administra5 tor’s determination that the discharge will result in 

6 an unacceptable adverse effect as described in para7 graph (1).’’. 

8 (c) STATE PROGRAMS.—The first sentence of section 

9 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended 

10 by striking ‘‘for the discharge’’ and inserting ‘‘for some 

11 or all of the discharges’’. 

12 SEC. 3. IMPACTS OF EPA REGULATORY ACTIVITY ON EM13 PLOYMENT AND ECONOMIC ACTIVITY. 

14 (a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY15 MENT AND ECONOMIC ACTIVITY.— 

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

17 the Administrator shall analyze the impact, 

18 disaggregated by State, of the covered action on em19 ployment levels and economic activity, including esti20 mated job losses and decreased economic activity. 

21 (2) ECONOMIC MODELS.— 

22 (A) IN GENERAL.—In carrying out para23 graph (1), the Administrator shall utilize the 

24 best available economic models. 


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1 (B) ANNUAL GAO REPORT.—Not later 

2 than December 31st of each year, the Comp3 troller General of the United States shall sub4 mit to Congress a report on the economic mod5 els used by the Administrator to carry out this 

6 subsection. 

7 (3) AVAILABILITY OF INFORMATION.—With re8 spect to any covered action, the Administrator 

9 shall— 

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

11 as a link on the main page of the public Inter12 net Web site of the Environmental Protection 

13 Agency; and 

14 (B) request that the Governor of any State 

15 experiencing more than a de minimis negative 

16 impact post such analysis in the Capitol of such 

17 State. 

18 (b) PUBLIC HEARINGS.— 

19 (1) IN GENERAL.—If the Administrator con20 cludes under subsection (a)(1) that a covered action 

21 will have more than a de minimis negative impact on 

22 employment levels or economic activity in a State, 

23 the Administrator shall hold a public hearing in each 

24 such State at least 30 days prior to the effective 

25 date of the covered action. 


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1 (2) TIME, LOCATION, AND SELECTION.—A pub2 lic hearing required under paragraph (1) shall be 

3 held at a convenient time and location for impacted 

4 residents. In selecting a location for such a public 

5 hearing, the Administrator shall give priority to loca6 tions in the State that will experience the greatest 

7 number of job losses. 

8 (c) NOTIFICATION.—If the Administrator concludes 

9 under subsection (a)(1) that a covered action will have 

10 more than a de minimis negative impact on employment 

11 levels or economic activity in any State, the Administrator 

12 shall give notice of such impact to the State’s Congres13 sional delegation, Governor, and Legislature at least 45 

14 days before the effective date of the covered action. 

15 (d) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of the Environ19 mental Protection Agency. 

20 (2) COVERED ACTION.—The term ‘‘covered ac21 tion’’ means any of the following actions taken by 

22 the Administrator under the Federal Water Pollu23 tion Control Act (33 U.S.C. 1201 et seq.): 


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1 (A) Issuing a regulation, policy statement, 

2 guidance, response to a petition, or other re3 quirement. 

4 (B) Implementing a new or substantially 

5 altered program. 

6 (3) MORE THAN A DE MINIMIS NEGATIVE IM7 PACT.—The term ‘‘more than a de minimis negative 

8 impact’’ means the following: 

9 (A) With respect to employment levels, a 

10 loss of more than 100 jobs. Any offsetting job 

11 gains that result from the hypothetical creation 

12 of new jobs through new technologies or govern13 ment employment may not be used in the job 

14 loss calculation. 

15 (B) With respect to economic activity, a 

16 decrease in economic activity of more than 

17 $1,000,000 over any calendar year. Any offset18 ting economic activity that results from the hy19 pothetical creation of new economic activity 

20 through new technologies or government em21 ployment may not be used in the economic ac22 tivity calculation. 


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1 SEC. 4. IDENTIFICATION OF WATERS PROTECTED BY THE 

2 CLEAN WATER ACT. 

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

4 the Administrator of the Environmental Protection Agen5 cy may not— 

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

7 enforce the proposed guidance described in the no8 tice of availability and request for comments entitled 

9 ‘‘EPA and Army Corps of Engineers Guidance Re10 garding Identification of Waters Protected by the 

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

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

13 (2) use the guidance described in paragraph 

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

15 similar guidance made publicly available on or after 

16 December 3, 2008, as the basis for any decision re17 garding the scope of the Federal Water Pollution 

18 Control Act (33 U.S.C. 1251 et seq.) or any rule19 making. 

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

21 subsection (a)(1), or any successor document or substan22 tially similar guidance made publicly available on or after 

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

24 grounds for vacating the rule. 


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1 SEC. 5. LIMITATIONS ON AUTHORITY TO MODIFY STATE 

2 WATER QUALITY STANDARDS. 

3 (a) STATE WATER QUALITY STANDARDS.—Section 

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

5 U.S.C. 1313(c)(4)) is amended— 

6 (1) by redesignating subparagraphs (A) and 

7 (B) as clauses (i) and (ii), respectively; 

8 (2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 

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

11 ‘‘(B) The Administrator shall promulgate;’’ 

12 and 

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

14 ‘‘(C) Notwithstanding subparagraph 

15 (A)(ii), the Administrator may not promulgate 

16 a revised or new standard for a pollutant in any 

17 case in which the State has submitted to the 

18 Administrator and the Administrator has ap19 proved a water quality standard for that pollut20 ant, unless the State concurs with the Adminis21 trator’s determination that the revised or new 

22 standard is necessary to meet the requirements 

23 of this Act.’’. 

24 (b) FEDERAL LICENSES AND PERMITS.—Section 

25 401(a) of such Act (33 U.S.C. 1341(a)) is amended by 

26 adding at the end the following: 


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1 ‘‘(7) With respect to any discharge, if a State 

2 or interstate agency having jurisdiction over the nav3 igable waters at the point where the discharge origi4 nates or will originate determines under paragraph 

5 (1) that the discharge will comply with the applica6 ble provisions of sections 301, 302, 303, 306, and 

7 307, the Administrator may not take any action to 

8 supersede the determination.’’. 

9 SEC. 6. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 

10 ITS BOUNDARIES. 

11 Section 303 of the Federal Water Pollution Control 

12 Act (33 U.S.C. 1313) is amended by striking subsection 

13 (d)(2) and inserting the following: 

14 ‘‘(2)(A) Each State shall submit to the Admin15 istrator from time to time, with the first such sub16 mission not later than 180 days after the date of 

17 publication of the first identification of pollutants 

18 under section 304(a)(2)(D), the waters identified 

19 and the loads established under paragraphs (1)(A), 

20 (1)(B), (1)(C), and (1)(D) of this subsection. The 

21 Administrator shall approve the State identification 

22 and load or announce his disagreement with the 

23 State identification and load not later than 30 days 

24 after the date of submission and if— 


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1 ‘‘(i) the Administrator approves the identi2 fication and load submitted by the State in ac3 cordance with this subsection, such State shall 

4 incorporate them into its current plan under 

5 subsection (e); and 

6 ‘‘(ii) the Administrator announces his dis7 agreement with the identification and load sub8 mitted by the State in accordance with this sub9 section he shall submit, not later than 30 days 

10 after the date that the Administrator announces 

11 his disagreement with the State’s submission, to 

12 such State his written recommendation of those 

13 additional waters that he identifies and such 

14 loads for such waters as he believes are nec15 essary to implement the water quality standards 

16 applicable to such waters. 

17 ‘‘(B) Upon receipt of the Administrator’s rec18 ommendation the State shall within 30 days either— 

19 ‘‘(i) disregard the Administrator’s rec20 ommendation in full and incorporate its own 

21 identification and load into its current plan 

22 under subsection (e); 

23 ‘‘(ii) accept the Administrator’s rec24 ommendation in full and incorporate its identi25 fication and load as amended by the AdminisVerDate Mar 15 2010 02:40 May 07, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S861.IS S861

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1 trator’s recommendation into its current plan 

2 under subsection (e); or 

3 ‘‘(iii) accept the Administrator’s rec4 ommendation in part, identifying certain addi5 tional waters and certain additional loads pro6 posed by the Administrator to be added to such 

7 State’s identification and load and incorporate 

8 the such State’s identification and load as 

9 amended into its current plan under subsection 

10 (e). 

11 ‘‘(C)(i) If the Administrator fails to either ap12 prove the State identification and load or announce 

13 his disagreement with the State identification and 

14 load within the time specified in this subsection then 

15 such State’s identification and load is deemed ap16 proved and such State shall incorporate the identi17 fication and load that it submitted into its current 

18 plan under subsection (e). 

19 ‘‘(ii) If the Administrator announces his dis20 agreement with the State identification and load but 

21 fails to submit his written recommendation to the 

22 State within 30 days as required by subparagraph 

23 (A)(ii) then such State’s identification and load is 

24 deemed approved and such State shall incorporate 


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1 the identification and load that it submitted into its 

2 current plan under subsection (e). 

3 ‘‘(D) This section shall apply to any decision 

4 made by the Administrator under this subsection 

5 issued on or after March 1, 2013.’’. 

Æ 


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