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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 1417

    To amend the Federal Water Pollution Control Act to provide for 
     training and certification of individuals in the operation of 
          wastewater treatment works, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

Mr. Wofford (for himself and Mr. Baucus) 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 for 
     training and certification of individuals in the operation of 
          wastewater treatment works, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wastewater Treatment Operator 
Training and Certification Act of 1993''.

SEC. 2. OPERATOR TRAINING.

    Section 109 of the Federal Water Pollution Control Act (33 U.S.C. 
1259) is amended to read as follows:

``SEC. 109. OPERATOR TRAINING.

    ``(a) National Program.--
            ``(1) In general.--The Administrator shall develop and 
        implement a national program to train individuals in the 
        operation of municipal and industrial wastewater treatment 
        works and other facilities with a water pollution control 
        purpose.
            ``(2) Requirements for training program.--The training 
        program under this section shall include--
                    ``(A) the preparation of undergraduate students 
                enrolled in institutions of higher education to enter 
                an occupation that involves the design, operation, and 
                maintenance of wastewater treatment works;
                    ``(B) inservice training to improve and advance the 
                knowledge and skills of individuals employed in fields 
                related to the design, operation, and maintenance of 
                wastewater treatment works; and
                    ``(C) preservice training to be provided to high 
                school graduates who are not employed to carry out the 
                operation and maintenance of a wastewater treatment 
                works at the time the training is provided.
    ``(b) Training Program Grants.--
            ``(1) In general.--The Administrator shall make grants to, 
        or offer to enter into contracts with, the appropriate 
        officials of institutions of higher education, or combinations 
        of the institutions, and State agencies to support the 
        development and implementation of wastewater treatment training 
        programs pursuant to this section.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of paragraph (5), the Administrator shall publish 
        guidance that specifies the minimum elements of the wastewater 
        training programs referred to in paragraph (1). The guidance 
        shall indicate the relative emphasis that shall be given to--
                    ``(A) facility design, operation, and maintenance;
                    ``(B) undergraduate, inservice, and preservice 
                training; and
                    ``(C) training for industrial and municipal 
                facilities.
            ``(3) Solicitation of proposals.--Not later than 18 months 
        after the date of enactment of paragraph (5), the Administrator 
        shall solicit proposals from institutions of higher education, 
        or combinations of the institutions, and State agencies to 
        provide training services.
            ``(4) Training grants.--The Administrator shall, to the 
        extent adequate funds are available, award training grants to 
        institutions of higher education, or combinations of the 
        institutions, and State agencies for each fiscal year.
            ``(5) Considerations for awarding grants.--In awarding a 
        training grant under this subsection, the Administrator shall 
        consider--
                    ``(A) the demonstrated capability of the applicant 
                to provide training services;
                    ``(B) the degree to which the proposed program is 
                consistent with the guidance published pursuant to 
                paragraph (2);
                    ``(C) the results of any evaluation conducted 
                pursuant to paragraph (7); and
                    ``(D) the degree to which the geographic area to be 
                served by the program that is the subject of the grant 
                proposal will, in combination with other programs 
                funded pursuant to this section, ensure the reasonable 
                availability of training programs throughout the United 
                States.
            ``(6) Allocation of grants.--In allocating available grant 
        funds among training programs, the Administrator shall consider 
        the need for training in the area served, as reflected in the 
        report to Congress issued pursuant to section 112(b).
            ``(7) Review and evaluation.--The Administrator shall 
        provide for the review and evaluation of each training program 
        that receives funding pursuant to this section not later than 3 
        years after the program initially receives the funding, and 
        every 3 years thereafter.
    ``(c) Training Needs.--The Administrator shall develop and maintain 
a system for forecasting the supply of, and demand for, various 
professional and other occupational categories needed for the 
prevention, reduction, and elimination of water pollution in each 
region, State, or area of the United States.''.

SEC. 3. OPERATOR CERTIFICATION.

    (a) In General.--Section 110 of the Federal Water Pollution Control 
Act (33 U.S.C. 1260) is amended to read as follows:

``SEC. 110. OPERATOR CERTIFICATION.

    ``(a) In General.--
            ``(1) Certification.--The Chief Operator of a publicly 
        owned treatment works that has a permit issued pursuant to 
        section 402, and such additional personnel as may be designated 
        by the Administrator, shall be required to be certified as 
        proficient pursuant to this section by a State that has a 
        certification program that is approved by the Administrator.
            ``(2) Effective date.--The requirement referred to in 
        paragraph (1) shall become effective on the date that is 4 
        years after the date of enactment of paragraph (4), unless the 
        Administrator extends the effective date pursuant to paragraph 
        (3).
            ``(3) Extension.--The Administrator may extend the 
        effective date of the requirement referred to in paragraph (1) 
        for a period of not to exceed 3 years on a facility-specific 
        basis if the Administrator determines that, with respect to a 
        facility, adequate opportunity to seek certification did not 
        exist during the period described in paragraph (2).
            ``(4) Certification granted to individual.--Each 
        certification of proficiency issued by the appropriate official 
        of a State under this section shall be granted to the 
        individual that receives the certification and shall not be 
        granted to the treatment works where the individual is 
        employed.
            ``(5) Period of certification.--A certification of 
        proficiency issued under this section shall be effective during 
        the 5-year period beginning on the date of certification. An 
        individual may be recertified on termination of the 5-year 
        period (and on termination of each subsequent 5-year period) if 
        the individual complies with inservice training and related 
        education requirements for the certification.
            ``(6) Statutory construction.--Nothing in this section is 
        intended to be construed to prevent a State from requiring more 
        frequent certification than is specified in paragraph (5).
    ``(b) Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall publish 
        guidelines specifying minimum standards for certification of 
        operators by a State pursuant to this section.
            ``(2) Requirements for guidelines.--
                    ``(A) In general.--The guidelines described in 
                paragraph (1) shall specify minimum standards for a 
                Chief Operator of a publicly owned treatment works and 
                for such additional personnel as the Administrator 
                determines appropriate for proficiency certification.
                    ``(B) Additional standards.--In addition to the 
                standards referred to in subparagraph (A), the 
                guidelines shall establish such additional standards as 
                the Administrator determines necessary to ensure 
                proficiency in the operation of large, complex 
                treatment systems. The guidelines may provide for 
                onsite assessment in any case in which the assessment 
                is necessary to determine proficiency.
            ``(3) Treatment works operator's manual.--Not later than 1 
        year after the date of enactment of this subsection, the 
        Administrator shall publish a treatment works operator's manual 
        that describes essential knowledge and skills of--
                    ``(A) a Chief Operator; and
                    ``(B) such additional personnel as the 
                Administrator determines appropriate to receive 
                operator proficiency certification.
    ``(c) State Programs.--
            ``(1) In general.--Beginning on the date of publication of 
        the guidelines under subsection (b), the Governor of a State 
        may submit to the Administrator, in such form as the 
        Administrator may require, a certification program under this 
        section.
            ``(2) Program approval.--
                    ``(A) In general.--The Administrator shall review 
                and approve or disapprove a program submitted pursuant 
                to paragraph (1) not later than 90 days after the 
                submittal of the application. The Administrator shall 
                approve the application on the basis of a determination 
                that--
                            ``(i) the State certification program will 
                        be consistent with the guidelines published 
                        pursuant to subsection (b);
                            ``(ii) the State has committed to implement 
                        the program by not later than 1 year after the 
                        date of approval of the application; and
                            ``(iii) the State agrees to provide to the 
                        Administrator such information concerning the 
                        program as the Administrator may request.
                    ``(B) Programs in effect before the submittal of an 
                application.--With respect to any State that submits an 
                application pursuant to this subsection concerning a 
                State certification program that was implemented before 
                the date of submittal of the application, in making a 
                decision whether to approve the application, the 
                Administrator may consider the effectiveness of the 
                program in effect on the date of submittal of a program 
                pursuant to this subsection.
            ``(3) Disapproval of program.--In any case in which the 
        Administrator disapproves a program, the Administrator shall 
        provide to the State a written statement of the reasons for 
        disapproval. The State may, not later than 90 days after 
        receipt of the statement of the Administrator, submit to the 
        Administrator such modifications to the application as may be 
        necessary. Not later than 30 days after receipt of the revised 
        application, the Administrator shall approve or disapprove the 
        revised application.
            ``(4) Additional requirements.--A State may establish a 
        certification requirement in addition to the requirements 
        established pursuant to this section.''.
    (b) Enforcement.--Section 309(g)(1)(A) of such Act (33 U.S.C. 
1319(g)(1)(A)) is amended by inserting ``110(a),'' after ``violated 
section''.

SEC. 4. SCHOLARSHIPS.

    (a) Relationship to Training Grant Program.--Section 111(3) of the 
Federal Water Pollution Control Act (33 U.S.C. 1261(3)) is amended by 
striking subparagraph (C) and inserting the following new subparagraph:
            ``(C) that the institution is participating in, or has 
        participated in, the training grant program under section 
        109(b); and''.
    (b) Representation of Minorities and Women.--Section 111(3)(D) of 
such Act (33 U.S.C. 1261(3)(D)) is amended--
            (1) by striking ``and'' at the end of clause (i); and
            (2) by striking the period at the end and inserting ``, and 
        (iii) the institution will make reasonable efforts to ensure 
        representation of minorities and women in the program.''.

SEC. 5. DEFINITIONS AND AUTHORIZATIONS.

    Section 112 of the Federal Water Pollution Control Act (33 U.S.C. 
1262) is amended--
            (1) in subsection (a)(1), by inserting after the first 
        sentence the following new sentence: ``The term shall include 
        any community college, technical college, or State 
        environmental agency.'';
            (2) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) The Administrator shall, not later than 2 years after the 
date of enactment of the Wastewater Treatment Operator Training and 
Certification Act of 1993, and not less frequently than every 2 years 
thereafter, submit a report to Congress concerning the implementation 
of training, certification, and scholarship programs under sections 
109, 110, and 111. Each report submitted to Congress under this 
subsection shall include a forecast of the supply of, and demand for, 
water pollution control professionals.''; and
            (3) in subsection (c)--
                    (A) by inserting ``(1)'' after ``(c)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) There are authorized to be appropriated to the Environmental 
Protection Agency to carry out sections 109 and 111, $15,000,000 for 
each of fiscal years 1994 through 2000.''.

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