I 

115TH CONGRESS 

1ST SESSION H. R. 465 

To amend the Federal Water Pollution Control Act to provide for an 

integrated planning and permitting process, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2017 

Mr. GIBBS (for himself and Mr. CHABOT) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to provide for an integrated planning and permitting process, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Water Quality Im5 provement Act of 2017’’. 

6 SEC. 2. INTEGRATED PLANNING PROCESS. 

7 Section 402 of the Federal Water Pollution Control 

8 Act (33 U.S.C. 1342) is amended by adding at the end 

9 the following: 

10 ‘‘(s) INTEGRATED PLANNING AND PERMITTING.— 


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1 ‘‘(1) IN GENERAL.—The Administrator shall es2 tablish a comprehensive and flexible integrated plan3 ning process and permitting process for municipal 

4 wastewater and stormwater management that will 

5 help municipalities comply with the requirements of 

6 this Act by enabling municipalities to identify the 

7 most cost-effective and protective approaches to 

8 comply with such requirements, and prioritize their 

9 investments in addressing such requirements. 

10 ‘‘(2) PLANNING AND PERMITTING PROCESS.— 

11 The Administrator shall ensure that, under the plan12 ning and permitting process established under para13 graph (1)— 

14 ‘‘(A) actions taken by the municipality to 

15 comply with the requirements of this Act are 

16 implemented in a manner that— 

17 ‘‘(i) considers alternative approaches 

18 and actions for the municipality to comply 

19 with such requirements; 

20 ‘‘(ii) takes into consideration the tech21 nical feasibility and economic affordability 

22 of the alternative approaches and actions 

23 considered; 


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1 ‘‘(iii) accounts for the financial capa2 bility of the municipality to comply with 

3 such requirements; 

4 ‘‘(iv) prioritizes such requirements in 

5 order to provide the greatest environmental 

6 and public health benefits for the resources 

7 expended; 

8 ‘‘(v) accounts for both the municipal9 ity’s preexisting and reasonably anticipated 

10 future compliance requirements related to, 

11 as applicable— 

12 ‘‘(I) a combined sewer overflow; 

13 ‘‘(II) a sanitary sewer overflow; 

14 ‘‘(III) a capacity, management, 

15 operation, and maintenance program 

16 for sanitary sewer collection systems; 

17 ‘‘(IV) a municipal stormwater 

18 discharge; 

19 ‘‘(V) a municipal wastewater dis20 charge; 

21 ‘‘(VI) a water quality-based efflu22 ent limitation to implement an appli23 cable wasteload allocation in a total 

24 maximum daily load; 


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1 ‘‘(VII) source water protection 

2 efforts that protect surface water sup3 plies; and 

4 ‘‘(VIII) nonpoint source controls 

5 through proposed trading approaches 

6 or other mechanisms; 

7 ‘‘(vi) allows a municipality to develop 

8 a schedule of compliance that sequences 

9 the implementation of effluent limitations 

10 and other control measures based on the 

11 priorities established under clause (iv), in 

12 accordance with paragraph (4); 

13 ‘‘(vii) enables the municipality to im14 plement innovative or sustainable tech15 nologies, approaches, and practices to com16 ply with such requirements, including 

17 through the use of green infrastructure 

18 measures as set forth in the memorandum 

19 issued by the Administrator on April 20, 

20 2011, entitled ‘Protecting Water Quality 

21 with Green Infrastructure in EPA Water 

22 Permitting and Enforcement Programs’; 

23 ‘‘(viii) provides for meeting the re24 quirements of this Act by using the exist25 ing flexibilities in this Act and its impleVerDate Sep 11 2014 04:31 Jan 24, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H465.IH H465

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1 menting regulations, policies, and guid2 ance; and 

3 ‘‘(ix) reflects State requirements and 

4 planning efforts and incorporates State 

5 input on priority setting and other key im6 plementation issues; 

7 ‘‘(B) a municipality may develop an inte8 grated plan, in consultation with the Adminis9 trator (or an authorized State, in the case of a 

10 permit program approved under subsection (b)), 

11 that— 

12 ‘‘(i) identifies the compliance require13 ments of the municipality under this Act, 

14 including effluent limitations and other 

15 control measures to be implemented by the 

16 municipality; 

17 ‘‘(ii) includes, as applicable, a sched18 ule developed under subparagraph (A)(vi) 

19 for complying with such requirements; and 

20 ‘‘(iii) includes documentation of the 

21 integrated planning and permitting process 

22 of the municipality under this section, in23 cluding data and other information on 

24 which the integrated plan is based; 


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1 ‘‘(C) such an integrated plan (including as 

2 applicable, the schedule of compliance included 

3 in the plan) may be incorporated in whole or in 

4 part into a permit issued to the municipality 

5 under this section; 

6 ‘‘(D) progress in implementing the inte7 grated plan is tracked and evaluated; 

8 ‘‘(E) a process for revising the integrated 

9 plan, using adaptive management processes, to 

10 account for adjustments and further actions 

11 that may be needed to comply with the require12 ments of this Act is incorporated into the inte13 grated plan and the municipality’s permit 

14 issued under this section; 

15 ‘‘(F) with respect to any permit issued 

16 under this subsection that includes effluent lim17 itations and other control measures that are es18 tablished as part of a schedule of compliance in19 cluded in such an integrated plan, such effluent 

20 limitations and other control measures included 

21 in that permit shall be based on water quality 

22 and other requirements under this Act that are 

23 technically feasible and economically affordable, 

24 as described in paragraphs (6) and (7); and 


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1 ‘‘(G) an authorized State, in the case of a 

2 permit program approved under subsection (b), 

3 may implement the integrated planning process 

4 under this subsection. 

5 ‘‘(3) INTEGRATED PLANS.— 

6 ‘‘(A) PLAN CONTENTS.—An integrated 

7 plan developed under this subsection shall in8 clude the elements described in Part III of the 

9 Integrated Municipal Stormwater and Waste10 water Planning Approach Framework, issued by 

11 the Environmental Protection Agency and dated 

12 May 2012. 

13 ‘‘(B) DISSEMINATION OF INFORMATION.— 

14 The Administrator shall— 

15 ‘‘(i) inform municipalities of the op16 portunity to develop an integrated plan; 

17 and 

18 ‘‘(ii) at the request of a municipality 

19 or a State, provide information and tech20 nical assistance to the municipality or 

21 State regarding developing an integrated 

22 plan. 

23 ‘‘(4) COMPLIANCE SCHEDULES.— 

24 ‘‘(A) DURATION.—A schedule of compli25 ance developed under paragraph (2)(A)(vi) and 


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1 incorporated into a permit under this section 

2 may be implemented over more than 1 permit 

3 term. 

4 ‘‘(B) SEQUENCING IMPLEMENTATION OF

5 HIGH-PRIORITY CONTROL MEASURES.—A sched6 ule of compliance under this subsection may 

7 allow a municipality to sequence the implemen8 tation of effluent limitations and other control 

9 measures that allow the municipality to imple10 ment, and assess the effectiveness of, the high11 est priority effluent limitations and other con12 trol measures before requiring implementation 

13 of other effluent limitations or control meas14 ures, if the schedule, once completed, would re15 sult in compliance with all requirements of this 

16 Act. 

17 ‘‘(C) REASONABLE PROGRESS.—A schedule 

18 of compliance under this subsection shall pro19 vide for reasonable progress, including interim 

20 dates and milestones, as appropriate, to be 

21 made towards meeting the permit requirements 

22 subject to such schedule. 

23 ‘‘(D) CONTROLS IDENTIFIED IN CURRENT

24 AND SUBSEQUENT PERMITS.—Approved efflu25 ent limitations and other control measures to be 


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1 implemented by the municipality pursuant to 

2 this subsection— 

3 ‘‘(i) during the term of the current 

4 permit shall be identified as such in the 

5 schedule of compliance and the current 

6 permit, and shall be requirements of the 

7 current permit; and 

8 ‘‘(ii) subsequent to the term of the 

9 current permit shall be identified as such 

10 in the schedule of compliance and the cur11 rent permit, and shall become require12 ments of an appropriate subsequent per13 mit, but shall not be requirements of the 

14 current permit. 

15 ‘‘(E) STATE AUTHORITY TO AUTHORIZE

16 SCHEDULES OF COMPLIANCE IN STATE WATER

17 QUALITY STANDARDS.— 

18 ‘‘(i) IN GENERAL.—Nothing in section 

19 301(b)(1)(C) shall preclude a State from 

20 authorizing in its water quality standards 

21 the issuance of a schedule of compliance to 

22 meet water quality-based effluent limita23 tions in permits that incorporate provisions 

24 of an integrated plan pursuant to this sub25 section. 


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1 ‘‘(ii) TRANSITION RULE.—In any case 

2 in which a discharge is subject to a judicial 

3 order or consent decree, as of the date of 

4 enactment of this subsection, resolving an 

5 enforcement action under this Act, any 

6 schedule of compliance issued pursuant to 

7 an authorization in a State water quality 

8 standard shall not revise or otherwise af9 fect a schedule of compliance in that order 

10 or decree, unless the order or decree is 

11 modified by agreement of the parties and 

12 the court. 

13 ‘‘(5) INTEGRATED PLAN AND PERMIT DECI14 SIONMAKING.— 

15 ‘‘(A) APPROVAL OF INTEGRATED PLANS

16 AND PERMITS.—Integrated plans and permits 

17 incorporating such a plan developed under this 

18 subsection are subject to the approval of the 

19 Administrator (or an authorized State, in the 

20 case of a permit program approved under sub21 section (b)), which shall not be unreasonably 

22 withheld. 

23 ‘‘(B) RENEWAL OF INTEGRATED PER24 MIT.— 


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1 ‘‘(i) IN GENERAL.—At the time of re2 newal of a municipality’s integrated permit 

3 issued pursuant to this subsection, the Ad4 ministrator (or an authorized State, in the 

5 case of a permit program approved under 

6 subsection (b)) shall review the schedule of 

7 compliance and other requirements in8 cluded in the existing permit to determine 

9 whether the requirements should be contin10 ued or modified. 

11 ‘‘(ii) REVIEW CONSIDERATIONS.—The 

12 permit review shall assess whether changed 

13 circumstances warrant adjusting the ac14 tions to be taken by the municipality, in15 cluding whether— 

16 ‘‘(I) the effluent limitations and 

17 other control measures in the current 

18 permit are expected to result in the 

19 municipality complying with the re20 quirements of this Act within the 

21 timeframes provided in the schedule 

22 of compliance; 

23 ‘‘(II) the effluent limitations and 

24 other control measures continue to be 

25 technically feasible and economically 


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1 affordable under paragraphs (6) and 

2 (7); 

3 ‘‘(III) new innovative treatment 

4 approaches are available that provide 

5 greater environmental and public 

6 health benefits or have fewer adverse 

7 environmental impacts for the re8 sources expended; 

9 ‘‘(IV) the municipality is subject 

10 to additional regulatory requirements; 

11 ‘‘(V) the municipality’s financial 

12 capability has changed; and 

13 ‘‘(VI) reasonable progress has 

14 been achieved, as provided for under 

15 paragraph (4)(C), including meeting 

16 interim dates and milestones, and if 

17 not, the reasons for such failure to 

18 achieve reasonable progress. 

19 ‘‘(iii) CONTINUATION OF REQUIRE20 MENTS IN RENEWED PERMIT.—The permit 

21 requirements in an existing permit shall be 

22 incorporated into the renewed permit, un23 less the Administrator (or the authorized 

24 State, in the case of a permit program ap25 proved under subsection (b)) determines 


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1 that a requirement should be modified or 

2 removed to help the municipality comply 

3 with the requirements of this Act through 

4 the implementation of technically feasible 

5 and economically affordable effluent limita6 tions and other control measures. 

7 ‘‘(C) TRANSPARENCY OF PERMIT DECI8 SIONS.—Prior to approving a plan developed 

9 under this subsection and issuing or renewing a 

10 permit incorporating such a plan pursuant to 

11 this subsection, or denying a request from a 

12 municipality for approval of a plan and issuance 

13 or renewal of a permit incorporating such a 

14 plan under this subsection, the Administrator 

15 (or an authorized State, in the case of a permit 

16 program approved under subsection (b)) shall— 

17 ‘‘(i) prepare a report explaining the 

18 rationale for the proposed decision; and 

19 ‘‘(ii) make the report publicly avail20 able for review and comment by the mu21 nicipality and other interested parties. 

22 ‘‘(D) ADMINISTRATOR REVIEW OF STATE

23 PERMITTING DECISIONS.—When the Adminis24 trator provides his or her views to a State con25 cerning a proposed integrated plan or permit 


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1 incorporating such a plan that is to be issued 

2 by the State pursuant to this subsection, the 

3 Administrator shall make those views available 

4 in a written document that is publicly available 

5 for review and comment by the municipality 

6 and other interested parties. 

7 ‘‘(6) TECHNICAL FEASIBILITY CRITERIA.—In 

8 making a determination of technical feasibility under 

9 this subsection, the Administrator (or the State) 

10 shall consider— 

11 ‘‘(A) naturally occurring pollutant con12 centrations; 

13 ‘‘(B) natural, ephemeral, intermittent, or 

14 low flow conditions or water levels; 

15 ‘‘(C) human-caused conditions or sources 

16 of pollution that cannot be remedied or would 

17 cause more environmental damage to correct 

18 than to leave in place; 

19 ‘‘(D) dams, diversions, or other types of 

20 hydrologic modifications that make it not fea21 sible to restore the water body to its original 

22 condition or to operate such modification in a 

23 way that would comply with the requirements of 

24 this Act; and 


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1 ‘‘(E) physical conditions related to the nat2 ural features of the water body, such as the 

3 lack of a proper substrate, cover, flow, depth, 

4 pools, riffles, and the like, unrelated to water 

5 quality, that may preclude compliance with the 

6 requirements of this Act. 

7 ‘‘(7) ECONOMIC AFFORDABILITY CRITERIA.— 

8 ‘‘(A) IN GENERAL.—In making a deter9 mination of economic affordability under this 

10 subsection, the Administrator (or the author11 ized State, in the case of a permit program ap12 proved under subsection (b)) shall consider pre13 existing and potential future costs, including of 

14 debt service, to the municipality for imple15 menting effluent limitations and other control 

16 measures necessary to comply with the require17 ments of this Act would result in substantial 

18 and widespread economic and social impact in 

19 the service area of the municipality. 

20 ‘‘(B) BASIS FOR DETERMINING IMPACTS.— 

21 In determining whether the economic and social 

22 impacts of preexisting and potential future 

23 costs under subparagraph (A) are substantial 

24 and widespread, the Administrator (or the 

25 State) shall consider the financial condition 


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1 both of the municipality and of persons in the 

2 service area of the municipality, taking into 

3 consideration factors including— 

4 ‘‘(i) socioeconomic indicators, includ5 ing income and unemployment data for the 

6 service area of the municipality; 

7 ‘‘(ii) population trends in the service 

8 area of the municipality; 

9 ‘‘(iii) impacts on low-income house10 holds in the service area, including the 

11 ability of such households to pay basic 

12 shelter costs; 

13 ‘‘(iv) whether there is a local industry 

14 that is failing or relocating out of the serv15 ice area of the municipality, or if a local 

16 industry might fail or relocate if higher 

17 taxes or fees are imposed on it; 

18 ‘‘(v) the municipality’s capital im19 provement plan and whether the munici20 pality would, in order to finance improve21 ments to comply with the requirements of 

22 this Act, have to divert resources that 

23 would otherwise be used for investment in 

24 essential capital projects that provide core 

25 public services to the community; 


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1 ‘‘(vi) the ability of the municipality to 

2 incur more debt, including its ability to 

3 issue, and find a market for, additional 

4 municipal bonds; 

5 ‘‘(vii) whether the debt incurred to 

6 implement the effluent limitations and 

7 other control measures has or will result in 

8 a lowering of the municipality’s bond rat9 ing; 

10 ‘‘(viii) whether the municipality has 

11 limited legal authority to pass increased 

12 costs through to ratepayers and increased 

13 costs of water quality programs must be 

14 paid from its general fund; 

15 ‘‘(ix) the legally adopted rate struc16 ture for provision of water- and waste17 water-related services in the service area in 

18 effect at the time that a determination of 

19 economic affordability is made; 

20 ‘‘(x) the cumulative costs paid by per21 sons in the service area to an entity for 

22 provision of water- and wastewater-related 

23 services; and 

24 ‘‘(xi) other information determined to 

25 be relevant by the Administrator (or the 


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1 authorized State, in the case of a permit 

2 program approved under subsection (b)), 

3 including whether the municipality is lo4 cated in an area eligible for assistance 

5 under section 201 or 209 of the Public 

6 Works and Development Act of 1965 (42 

7 U.S.C. 3141, 3149), as described in sec8 tion 301 of that Act (42 U.S.C. 3161). 

9 ‘‘(C) CUMULATIVE COSTS FOR WATER10 AND WASTEWATER-RELATED SERVICES.— 

11 ‘‘(i) INCLUSIONS.—Cumulative costs 

12 for the provision of water- and wastewater13 related services to be considered under 

14 subparagraph (B)(xi) shall include the mu15 nicipality’s preexisting and reasonably an16 ticipated future costs paid by a person, in17 cluding through taxes and fees, for the 

18 municipality’s cost of— 

19 ‘‘(I) compliance with Federal and 

20 State water- and wastewater-related 

21 and other regulatory requirements; 

22 ‘‘(II) operation and maintenance 

23 of water and wastewater systems; 

24 ‘‘(III) asset management; and 


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1 ‘‘(IV) servicing any debt incurred 

2 or to be incurred to finance the other 

3 costs referred to in this clause. 

4 ‘‘(ii) SUBSTANTIAL IMPACT.—In mak5 ing a determination of economic impact 

6 under subparagraph (B), the Adminis7 trator (or the State) shall consider the im8 pact on a person to be substantial if the 

9 cumulative costs paid by the person ex10 ceeds, or is projected to exceed, 2 percent 

11 of the person’s annual household income. 

12 ‘‘(iii) WIDESPREAD IMPACT.—In mak13 ing a determination of economic impact 

14 under subparagraph (B), the Adminis15 trator (or the State) shall consider the im16 pact to be widespread if 20 percent or 

17 more of persons in the service area of the 

18 municipality face a substantial impact de19 scribed in clause (ii). 

20 ‘‘(D) ADDITIONAL REQUIREMENTS.—In 

21 making a determination of economic afford22 ability under this subsection, the Administrator 

23 (or the State) shall not base the determination 

24 on— 


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1 ‘‘(i) median household income in the 

2 service area of the municipality; or 

3 ‘‘(ii) an expected minimum level of ex4 penditure on the provision of water and 

5 wastewater services by a municipality. 

6 ‘‘(8) FLEXIBILITY.— 

7 ‘‘(A) IN GENERAL.—Nothing in this sub8 section reduces or eliminates any flexibility 

9 available under this Act, including the authority 

10 of a State to— 

11 ‘‘(i) revise a water quality standard 

12 after a use attainability analysis under sec13 tion 131.10(g) of title 40, Code of Federal 

14 Regulations (as in effect on the date of en15 actment of this subsection); or 

16 ‘‘(ii) adopt a water quality standards 

17 variance under section 131.14 of title 40, 

18 Code of Federal Regulations (as in effect 

19 on the date of enactment of this sub20 section). 

21 ‘‘(B) APPROVALS.—Such a revision of a 

22 standard or adoption of a variance by a State 

23 under subparagraph (A)(i) is subject to the ap24 proval of the Administrator under section 


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1 303(c), which shall not be unreasonably with2 held.’’. 

3 SEC. 3. UPDATING FINANCIAL CAPABILITY ASSESSMENT 

4 GUIDANCE. 

5 (a) IN GENERAL.— 

6 (1) UPDATE.—Not later than 15 months after 

7 the date of enactment of this Act, the Administrator 

8 shall update the financial capability assessment 

9 guidance published by the Administrator entitled 

10 ‘‘Combined Sewer Overflows—Guidance for Finan11 cial Capability Assessment and Schedule Develop12 ment’’ (EPA 832–B–97–004), dated February 1997. 

13 (2) SCOPE.—In updating the financial capa14 bility assessment guidance developed under subpara15 graph (1), the Administrator shall ensure that the 

16 guidance may be used for assessing the financial ca17 pability of municipalities to implement effluent limi18 tations and other control measures under the Fed19 eral Water Pollution Control Act. 

20 (b) REQUIREMENTS FOR UPDATING.—In updating 

21 the financial capability assessment guidance under sub22 section (a), the Administrator shall— 

23 (1) consult with, and solicit advice and rec24 ommendations from, representative municipal and 

25 State officials (including their representative reVerDate Sep 11 2014 04:31 Jan 24, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H465.IH H465

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1 gional or national organizations), stakeholders, and 

2 other interested parties regarding how to assess the 

3 financial capability of municipalities to implement 

4 effluent limitations and other control measures 

5 under the Federal Water Pollution Control Act; 

6 (2) ensure transparency in the consultation 

7 process, including promptly making accessible to the 

8 public all communications, records, and other docu9 ments of all meetings that are part of the consulta10 tion process; 

11 (3) ensure that the updated guidance takes into 

12 consideration relevant studies, reports, and other in13 formation related to assessing the financial capa14 bility of municipalities to implement effluent limita15 tions and other control measures, including— 

16 (A) the reports of recommendations to the 

17 Environmental Protection Agency from the En18 vironmental Financial Advisory Board related 

19 to financial capability assessments of munici20 palities; and 

21 (B) the memorandum of the Environ22 mental Protection Agency entitled ‘‘Financial 

23 Capability Assessment Framework for Munic24 ipal Clean Water Act Requirements’’, dated No25 vember 24, 2014, and the accompanying guidVerDate Sep 11 2014 04:31 Jan 24, 2017 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H465.IH H465

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1 ance entitled ‘‘Financial Capability Assessment 

2 Framework’’, dated November 24, 2014; 

3 (4) ensure the evaluations by the Administrator 

4 of financial capability assessment and schedule of 

5 compliance development under subsection (s) of sec6 tion 402 of the Federal Water Pollution Control Act 

7 reflect the economic affordability criteria described 

8 in subsection (s)(7) of that section; 

9 (5) ensure the updated guidance provides a con10 sistent reference point to aid parties in negotiating 

11 reasonable and effective schedules for implementing 

12 effluent limitations and other control measures 

13 under the Federal Water Pollution Control Act; 

14 (6) publish in the Federal Register proposed 

15 updated financial capability assessment guidance 

16 under this section, and provide a period for public 

17 comment of not less than 60 days; 

18 (7) prepare final updated financial capability 

19 assessment guidance, taking into account— 

20 (A) the advice and recommendations ob21 tained from the municipal and State officials 

22 (including their representative regional or na23 tional organizations), stakeholders, and other 

24 interested parties; and 


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1 (B) the public comments received during 

2 the public comment period; and 

3 (8) publish in the Federal Register, and submit 

4 to the Committee on Transportation and Infrastruc5 ture of the House of Representatives and the Com6 mittee on Environment and Public Works of the 

7 Senate, the final updated financial capability assess8 ment guidance. 

9 SEC. 4. INTEGRATED PERMIT PILOT PROJECTS. 

10 (a) IN GENERAL.—In the first 5 fiscal years begin11 ning after the date of enactment of this Act, the Adminis12 trator, in coordination with appropriate State, local, and 

13 regional authorities, shall work cooperatively with, and fa14 cilitate the efforts of, not fewer than 15 municipalities to 

15 develop and implement integrated plans and permits to 

16 meet the requirements of the Federal Water Pollution 

17 Control Act (33 U.S.C. 1342) in a manner consistent with 

18 section 402(s) of that Act. 

19 (b) SELECTION OF MUNICIPALITIES.— 

20 (1) ELIGIBILITY OF MUNICIPALITIES.—A mu21 nicipality shall be eligible to participate in the pilot 

22 program under subsection (a) if the municipality— 

23 (A) has a permit issued under section 402 

24 of the Federal Water Pollution Control Act; or 


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1 (B) is operating under an administrative 

2 order, administrative consent agreement, or ju3 dicial consent decree to comply with the re4 quirements of that Act. 

5 (2) FACTORS.—In selecting municipalities eligi6 ble under paragraph (1), the Administrator shall— 

7 (A) give priority to municipalities— 

8 (i) that are operating under an ad9 ministrative order, administrative consent 

10 agreement, or judicial consent decree to 

11 comply with the requirements of the Fed12 eral Water Pollution Control Act; 

13 (ii) having difficulties complying with 

14 the Federal Water Pollution Control Act, 

15 in addition to the municipalities described 

16 in clause (i); or 

17 (iii) that are affected by affordability 

18 constraints in planning and implementing 

19 effluent limitations and other control meas20 ures under the Federal Water Pollution 

21 Control Act to address wet weather dis22 charges or other water pollution issues 

23 from their wastewater and stormwater fa24 cilities; 


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1 (B) give further priority to those munici2 palities under subparagraph (A)— 

3 (i) with knowledge and experience in 

4 developing integrated and adaptive clean 

5 water management practices, without re6 gard to the status of the municipality in 

7 the process of planning or implementing 

8 such practices; and 

9 (ii) that are seeking to develop and 

10 implement an integrated plan that includes 

11 adaptive approaches to account for 

12 changed or future uncertain circumstances; 

13 and 

14 (C) seek to select municipalities— 

15 (i) from different geographical regions 

16 of the United States; and 

17 (ii) of various population sizes. 

18 (3) ADDITIONAL AUTHORITY.—In carrying out 

19 this section, the Administrator may, with the agree20 ment of and in coordination with a municipality and 

21 the applicable State— 

22 (A) modify the implementation terms of an 

23 existing administrative order or administrative 

24 consent agreement, or seek to modify a judicial 

25 consent decree entered into by the municipality 


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1 with the Administrator pursuant to the Federal 

2 Water Pollution Control Act; and 

3 (B) incorporate such modified implementa4 tion terms, including the municipality’s inte5 grated plan, into an integrated permit issued 

6 pursuant to section 402(s) of the Federal 

7 Water Pollution Control Act. 

8 (c) REPORT TO CONGRESS.—Not later than 1 year 

9 after the date of enactment of this Act, and each year 

10 thereafter for 5 years, the Administrator shall prepare and 

11 submit to the Committee on Transportation and Infra12 structure of the House of Representatives and the Com13 mittee on Environment and Public Works of the Senate 

14 a report on the implementation of this section and 

15 issuance of integrated permits pursuant to section 402(s) 

16 of the Federal Water Pollution Control Act, including— 

17 (1) identification of the municipalities selected 

18 under this section; 

19 (2) an evaluation of the specific outcomes 

20 achieved with respect to— 

21 (A) reducing the costs of complying with 

22 the requirements of the Federal Water Pollu23 tion Control Act for the municipalities selected 

24 under this section; and 


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1 (B) making reasonable progress towards 

2 achieving the applicable water quality and 

3 human health objectives of the Federal Water 

4 Pollution Control Act; and 

5 (3) recommendations of any proposed legislative 

6 or administrative changes to improve the effective7 ness and efficiency of the integrated planning and 

8 permitting process under section 402(s) of the Fed9 eral Water Pollution Control Act. 

10 SEC. 5. DEFINITIONS. 

11 In this Act: 

12 (1) MUNICIPALITY.—The term ‘‘municipality’’ 

13 has the meaning given that term in section 502(4) 

14 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1362(4)). 

16 (2) ADMINISTRATOR.—The term ‘‘Adminis17 trator’’ means the Administrator of the Environ18 mental Protection Agency. 

Æ 


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