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Union Calendar No. 88 

112TH CONGRESS 

1ST SESSION H. R. 2018 

[Report No. 112–139] 

To amend the Federal Water Pollution Control Act to preserve the authority 

of each State to make determinations relating to the State’s water 

quality standards, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. MICA (for himself, Mr. RAHALL, Mr. SHUSTER, Mrs. CAPITO, Mr. COBLE, 

Mr. BARLETTA, Mr. LANDRY, Mr. DUNCAN of Tennessee, Mr. BUCSHON, 

Mr. CRAWFORD, Mr. GRAVES of Missouri, Mr. GIBBS, Mr. CRITZ, Mr. 

ALTMIRE, Mr. HOLDEN, Mr. HUNTER, Mr. GARY G. MILLER of California, Mr. YOUNG of Alaska, Mrs. SCHMIDT, and Mr. ROGERS of Kentucky) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

JULY 8, 2011 

Additional sponsors: Mr. LANKFORD, Mr. FARENTHOLD, Mr. CRAVAACK, Mr. 

JOHNSON of Ohio, Mr. MCKINLEY, Mr. GUINTA, Mr. BISHOP of Utah, 

Mr. LONG, Mr. GRIFFITH of Virginia, Mr. SOUTHERLAND, Mrs. LUMMIS, 

Mr. BONNER, Mr. GUTHRIE, Mr. PAUL, Mr. HULTGREN, Mr. OLSON, 

Mr. REHBERG, Mr. BACHUS, Mr. WALSH of Illinois, and Mrs. EMERSON

JULY 8, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 26, 2011] 


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A BILL 

To amend the Federal Water Pollution Control Act to preserve the authority of each State to make determinations 

relating to the State’s water quality standards, and for 

other purposes. 


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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 ‘‘Clean Water Cooperative 

5 Federalism Act of 2011’’. 

6 SEC. 2. STATE WATER QUALITY STANDARDS. 

7 (a) STATE WATER QUALITY STANDARDS.—Section 

8 303(c)(4) of the Federal Water Pollution Control Act (33 

9 U.S.C. 1313(c)(4)) is amended— 

10 (1) by redesignating subparagraphs (A) and (B) 

11 as clauses (i) and (ii), respectively; 

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

13 (3) by striking ‘‘The Administrator shall pro14 mulgate’’ and inserting the following: 

15 ‘‘(B) The Administrator shall promulgate’’; and 

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

17 ‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad18 ministrator may not promulgate a revised or new standard 

19 for a pollutant in any case in which the State has submitted 

20 to the Administrator and the Administrator has approved 

21 a water quality standard for that pollutant, unless the State 

22 concurs with the Administrator’s determination that the re23 vised or new standard is necessary to meet the requirements 

24 of this Act.’’. 


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1 (b) FEDERAL LICENSES AND PERMITS.—Section 

2 401(a) of such Act (33 U.S.C. 1341(a)) is amended by add3 ing at the end the following: 

4 ‘‘(7) With respect to any discharge, if a State or inter5 state agency having jurisdiction over the navigable waters 

6 at the point where the discharge originates or will originate 

7 determines under paragraph (1) that the discharge will 

8 comply with the applicable provisions of sections 301, 302, 

9 303, 306, and 307, the Administrator may not take any 

10 action to supersede the determination.’’. 

11 (c) STATE NPDES PERMIT PROGRAMS.—Section 

12 402(c) of such Act (42 U.S.C. 1342(c)) is amended by add13 ing at the end the following: 

14 ‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS15 TRATOR TO WITHDRAW APPROVAL OF STATE PRO16 GRAMS.—The Administrator may not withdraw ap17 proval of a State program under paragraph (3) or 

18 (4), or limit Federal financial assistance for the State 

19 program, on the basis that the Administrator dis20 agrees with the State regarding— 

21 ‘‘(A) the implementation of any water qual22 ity standard that has been adopted by the State 

23 and approved by the Administrator under sec24 tion 303(c); or 


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1 ‘‘(B) the implementation of any Federal 

2 guidance that directs the interpretation of the 

3 State’s water quality standards.’’. 

4 (d) LIMITATION ON AUTHORITY OF ADMINISTRATOR

5 TO OBJECT TO INDIVIDUAL PERMITS.—Section 402(d) of 

6 such Act (33 U.S.C. 1342(d)) is amended by adding at the 

7 end the following: 

8 ‘‘(5) The Administrator may not object under para9 graph (2) to the issuance of a permit by a State on the 

10 basis of— 

11 ‘‘(A) the Administrator’s interpretation of a 

12 water quality standard that has been adopted by the 

13 State and approved by the Administrator under sec14 tion 303(c); or 

15 ‘‘(B) the implementation of any Federal guid16 ance that directs the interpretation of the State’s 

17 water quality standards.’’. 

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

19 (a) AUTHORITY OF EPA ADMINISTRATOR.—Section 

20 404(c) of the Federal Water Pollution Control Act (33 

21 U.S.C. 1344(c)) is amended— 

22 (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 

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

24 ‘‘(2) Paragraph (1) shall not apply to any permit if 

25 the State in which the discharge originates or will originate 


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1 does not concur with the Administrator’s determination 

2 that the discharge will result in an unacceptable adverse 

3 effect as described in paragraph (1).’’. 

4 (b) STATE PERMIT PROGRAMS.—The first sentence of 

5 section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is 

6 amended by striking ‘‘The Governor of any State desiring 

7 to administer its own individual and general permit pro8 gram for the discharge’’ and inserting ‘‘The Governor of 

9 any State desiring to administer its own individual and 

10 general permit program for some or all of the discharges’’. 

11 SEC. 4. DEADLINES FOR AGENCY COMMENTS. 

12 Section 404 of the Federal Water Pollution Control Act 

13 (33 U.S.C. 1344) is amended— 

14 (1) in subsection (m) by striking ‘‘ninetieth day’’ 

15 and inserting ‘‘30th day (or the 60th day if addi16 tional time is requested)’’; and 

17 (2) in subsection (q)— 

18 (A) by striking ‘‘(q)’’ and inserting 

19 ‘‘(q)(1)’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(2) The Administrator and the head of a department 

22 or agency referred to in paragraph (1) shall each submit 

23 any comments with respect to an application for a permit 

24 under subsection (a) or (e) not later than the 30th day (or 

25 the 60th day if additional time is requested) after the date 


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1 of receipt of an application for a permit under that sub2 section.’’. 

3 SEC. 5. APPLICABILITY OF AMENDMENTS. 

4 The amendments made by this Act shall apply to ac5 tions taken on or after the date of enactment of this Act, 

6 including actions taken with respect to permit applications 

7 that are pending or revised or new standards that are being 

8 promulgated as of such date of enactment. 


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Union Calendar No. 88 

112TH CONGRESS 

1ST SESSION H. R. 2018 

[Report No. 112–139] 

A BILL 

To amend the Federal Water Pollution Control Act 

ity standards, and for other purposes. determinations relating to the State’s water qualto preserve the authority of each State to make 

JULY 8, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK2BSOYB1PROD with BILLS