```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5077

 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 HOUSE OF REPRESENTATIVES

                             July 11, 2014

 Mrs. Capito 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 guidance 
 and clarification regarding issuing new and renewal permits, 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 ``Coal Jobs Protection Act of 2014''.

SEC. 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    (a) Applicability of Guidance.--Section 402 of the Federal Water 
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end 
the following:
    ``(s) Applicability of Guidance.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Guidance.--
                            ``(i) In general.--The term `guidance' 
                        means draft, interim, or final guidance issued 
                        by the Administrator.
                            ``(ii) Inclusions.--The term `guidance' 
                        includes--
                                    ``(I) the interim guidance 
                                memorandum issued by the Administrator 
                                on April 1, 2010, entitled `Detailed 
                                Guidance: Improving EPA Review of 
                                Appalachian Surface Coal Mining 
                                Operations under the Clean Water Act, 
                                National Environmental Policy Act, and 
                                the Environmental Justice Executive 
                                Order';
                                    ``(II) the proposed guidance 
                                described in the notice of availability 
                                and request for comments entitled `EPA 
                                and Army Corps of Engineers Guidance 
                                Regarding Identification of Waters 
                                Protected by the Clean Water Act' (76 
                                Fed. Reg. 24479 (May 2, 2011));
                                    ``(III) the final guidance 
                                memorandum issued by the Administrator 
                                on July 21, 2011, entitled `Improving 
                                EPA Review of Appalachian Surface Coal 
                                Mining Operations Under the Clean Water 
                                Act, National Environmental Policy Act, 
                                and the Environmental Justice Executive 
                                Order';
                                    ``(IV) the proposed guidance 
                                submitted to the Office of Information 
                                and Regulatory Affairs of the Office of 
                                Management and Budget for regulatory 
                                review under Executive Order 12866 
                                entitled `Guidance on Identifying 
                                Waters Protected By the Clean Water 
                                Act' and dated February 17, 2012 
                                (referred to as `Clean Water Protection 
                                Guidance', Regulatory Identifier Number 
                                (RIN) 2040-ZA11, received February 21, 
                                2012);
                                    ``(V) any successor document to, or 
                                any substantially similar guidance 
                                based in whole or in part on, any of 
                                the foregoing guidance documents; and
                                    ``(VI) any other document or paper 
                                proposed or issued by the Administrator 
                                through any process other than the 
                                notice and comment rulemaking process.
                    ``(B) New permit.--The term `new permit' means a 
                permit covering discharges from a point source--
                            ``(i) that is issued under this section by 
                        a permitting authority; and
                            ``(ii) for which an application is--
                                    ``(I) pending as of the date of 
                                enactment of this subsection; or
                                    ``(II) filed on or after the date 
                                of enactment of this subsection.
                    ``(C) Permitting authority.--The term `permitting 
                authority' means--
                            ``(i) the Administrator; or
                            ``(ii) a State, acting pursuant to a permit 
                        program under subsection (b).
            ``(2) Permits.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, in making a determination whether to 
                approve a new permit or a renewed permit, the 
                permitting authority--
                            ``(i) shall base the determination only on 
                        compliance with regulations issued by the 
                        Administrator or the permitting authority; and
                            ``(ii) shall not base the determination on 
                        the extent of adherence of the applicant for 
                        the new permit or renewed permit to guidance.
                    ``(B) New permits.--If the permitting authority 
                does not approve or deny an application for a new 
                permit by the date that is 270 days after the date of 
                receipt of a substantially complete application for the 
                new permit, the applicant may discharge as if the 
                application were approved in accordance with Federal 
                law for the period of time for which a similar permit 
                would be approved.
                    ``(C) Substantial completeness.--In determining 
                whether an application for a new permit or a renewed 
                permit received under this paragraph is substantially 
                complete, the permitting authority shall use standards 
                for determining substantial completeness of similar 
                permits for similar facilities submitted in fiscal year 
                2007.''.
    (b) State Permit Programs.--
            (1) In general.--Section 402 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342) is amended by striking subsection 
        (b) and inserting the following:
    ``(b) State Permit Programs.--
            ``(1) In general.--At any time after the promulgation of 
        the guidelines required by section 304(i)(2), the Governor of 
        each State desiring to administer a permit program for 
        discharges into navigable waters within the jurisdiction of the 
        State may submit to the Administrator--
                    ``(A) a full and complete description of the 
                program the State proposes to establish and administer 
                under State law or under an interstate compact; and
                    ``(B) a statement from the attorney general (or the 
                attorney for those State water pollution control 
                agencies that have independent legal counsel), or from 
                the chief legal officer in the case of an interstate 
                agency, that the laws of the State, or the interstate 
                compact, as applicable, provide adequate authority to 
                carry out the described program.
            ``(2) Approval.--The Administrator shall approve each 
        program for which a description is submitted under paragraph 
        (1) unless the Administrator determines that adequate authority 
        does not exist--
                    ``(A) to issue permits that--
                            ``(i) apply, and ensure compliance with, 
                        any applicable requirements of sections 301, 
                        302, 306, 307, and 403;
                            ``(ii) are for fixed terms not exceeding 5 
                        years;
                            ``(iii) can be terminated or modified for 
                        cause, including--
                                    ``(I) a violation of any condition 
                                of the permit;
                                    ``(II) obtaining a permit by 
                                misrepresentation or failure to 
                                disclose fully all relevant facts; and
                                    ``(III) a change in any condition 
                                that requires either a temporary or 
                                permanent reduction or elimination of 
                                the permitted discharge; and
                            ``(iv) control the disposal of pollutants 
                        into wells;
                    ``(B)(i) to issue permits that apply, and ensure 
                compliance with, all applicable requirements of section 
                308; or
                    ``(ii) to inspect, monitor, enter, and require 
                reports to at least the same extent as required in 
                section 308;
                    ``(C) to ensure that the public, and any other 
                State the waters of which may be affected, receives 
                notice of each application for a permit and an 
                opportunity for a public hearing before a ruling on 
                each application;
                    ``(D) to ensure that the Administrator receives 
                notice and a copy of each application for a permit;
                    ``(E) to ensure that any State (other than the 
                permitting State), the waters of which may be affected 
                by the issuance of a permit may submit written 
                recommendations to the permitting State and the 
                Administrator with respect to any permit application 
                and, if any part of the written recommendations are not 
                accepted by the permitting State, that the permitting 
                State will notify the affected State and the 
                Administrator in writing of the failure of the 
                permitting State to accept the recommendations, 
                including the reasons for not accepting the 
                recommendations;
                    ``(F) to ensure that no permit will be issued if, 
                in the judgment of the Secretary of the Army acting 
                through the Chief of Engineers, after consultation with 
                the Secretary of the department in which the Coast 
                Guard is operating, anchorage and navigation of any of 
                the navigable waters would be substantially impaired by 
                the issuance of the permit;
                    ``(G) to abate violations of the permit or the 
                permit program, including civil and criminal penalties 
                and other means of enforcement;
                    ``(H) to ensure that any permit for a discharge 
                from a publicly owned treatment works includes 
                conditions to require the identification in terms of 
                character and volume of pollutants of any significant 
                source introducing pollutants subject to pretreatment 
                standards under section 307(b) into the treatment works 
                and a program to ensure compliance with those 
                pretreatment standards by each source, in addition to 
                adequate notice, which shall include information on the 
                quality and quantity of effluent to be introduced into 
                the treatment works and any anticipated impact of the 
                change in the quantity or quality of effluent to be 
                discharged from the publicly owned treatment works, to 
                the permitting agency of--
                            ``(i) new introductions into the treatment 
                        works of pollutants from any source that would 
                        be a new source as defined in section 306 if 
                        the source were discharging pollutants;
                            ``(ii) new introductions of pollutants into 
                        the treatment works from a source that would be 
                        subject to section 301 if the source were 
                        discharging those pollutants; or
                            ``(iii) a substantial change in volume or 
                        character of pollutants being introduced into 
                        the treatment works by a source introducing 
                        pollutants into the treatment works at the time 
                        of issuance of the permit; and
                    ``(I) to ensure that any industrial user of any 
                publicly owned treatment works will comply with 
                sections 204(b), 307, and 308.''.
            (2) Conforming amendments.--
                    (A) Federal enforcement.--Section 309 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1319) is 
                amended--
                            (i) in subsection (c)--
                                    (I) in paragraph (1)(A), by 
                                striking ``402(b)(8)'' and inserting 
                                ``402(b)(2)(H)''; and
                                    (II) in paragraph (2)(A), by 
                                striking ``402(b)(8)'' and inserting 
                                ``402(b)(2)(H)''; and
                            (ii) in subsection (d), in the first 
                        sentence, by striking ``402(b)(8)'' and 
                        inserting ``402(b)(2)(H)''.
                    (B) Additional pretreatment.--Section 402(m) of the 
                Federal Water Pollution Control Act (33 U.S.C. 1342(m)) 
                is amended in the first sentence by striking 
                ``subsection (b)(8) of this section'' and inserting 
                ``subsection (b)(2)(H)''.

SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL.

    (a) In General.--Section 404(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344(a)) is amended--
            (1) by striking ``(a) The Secretary may issue'' and 
        inserting the following:
    ``(a) Permits.--
            ``(1) In general.--The Secretary may issue''; and
            (2) by adding at the end the following:
            ``(2) Deadline for approval.--
                    ``(A) Permit applications.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if an environmental assessment or 
                        environmental impact statement, as appropriate, 
                        is required under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
                        the Secretary shall--
                                    ``(I) ensure that the environmental 
                                review process begins not later than 90 
                                days after the date on which the 
                                Secretary receives a permit 
                                application; and
                                    ``(II) approve or deny an 
                                application for a permit under this 
                                subsection not later than--
                                            ``(aa) if an agency carries 
                                        out an environmental assessment 
                                        that leads to a finding of no 
                                        significant impact, the date on 
                                        which the finding of no 
                                        significant impact is issued; 
                                        or
                                            ``(bb) if an agency carries 
                                        out an environmental assessment 
                                        that leads to a record of 
                                        decision, 15 days after the 
                                        date on which the record of 
                                        decision on the environmental 
                                        impact statement is issued.
                            ``(ii) Processes.--Notwithstanding clause 
                        (i), regardless of whether the Secretary has 
                        commenced an environmental assessment or 
                        environmental impact statement by the date 
                        described in clause (i)(I), the following 
                        deadlines shall apply:
                                    ``(I) An environmental assessment 
                                carried out under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.) shall be completed 
                                not later than 1 year after the 
                                deadline for commencing the 
                                environmental review process under 
                                clause (i)(I).
                                    ``(II) An environmental impact 
                                statement carried out under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) shall be 
                                completed not later than 2 years after 
                                the deadline for commencing the 
                                environmental review process under 
                                clause (i)(I).
                    ``(B) Failure to act.--If the Secretary fails to 
                act by the deadline specified in clause (i) or (ii) of 
                subparagraph (A)--
                            ``(i) the application, and the permit 
                        requested in the application, shall be 
                        considered to be approved;
                            ``(ii) the Secretary shall issue a permit 
                        to the applicant; and
                            ``(iii) the permit shall not be subject to 
                        judicial review.''.
    (b) State Permitting Programs.--Section 404(c) of the Federal Water 
Pollution Control Act (33 U.S.C. 1344(c)) is amended--
            (1) by striking ``(c)'' and inserting ``(c)(1)''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) shall not apply to any permit if the State in 
which the discharge originates or will originate does not concur with 
the Administrator's determination that the discharge will result in an 
unacceptable adverse effect as described in paragraph (1).''.
    (c) State Programs.--The first sentence of section 404(g)(1) of 
such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``for the 
discharge'' and inserting ``for some or all of the discharges''.
    (d) Deadline for Agency Comments.--Section 404 of such Act (33 
U.S.C. 1344) is amended--
            (1) in subsection (m) by striking ``ninetieth day'' and 
        inserting ``30th day (or the 60th day if additional time is 
        requested)''; and
            (2) in subsection (q)--
                    (A) by striking ``(q)'' and inserting ``(q)(1)''; 
                and
                    (B) by adding at the end the following:
    ``(2) The Administrator and the head of a department or agency 
referred to in paragraph (1) shall each submit any comments with 
respect to an application for a permit under subsection (a) or (e) not 
later than the 30th day (or the 60th day if additional time is 
requested) after the date of receipt of an application for a permit 
under that subsection.''.

SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY.

    (a) Analysis of Impacts of Actions on Employment and Economic 
Activity.--
            (1) Analysis.--Before taking a covered action, the 
        Administrator shall analyze the impact, disaggregated by State, 
        of the covered action on employment levels and economic 
        activity, including estimated job losses and decreased economic 
        activity.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall utilize the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 31 
                of each year, the Comptroller General of the United 
                States shall submit to Congress a report on the 
                economic models used by the Administrator to carry out 
                this subsection.
            (3) Availability of information.--With respect to any 
        covered action, the Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Internet Web site of the 
                Environmental Protection Agency; and
                    (B) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post such analysis in the Capitol of such State.
    (b) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a covered action will have more than a 
        de minimis negative impact on employment levels or economic 
        activity in a State, the Administrator shall hold a public 
        hearing in the State at least 30 days prior to the effective 
        date of the covered action.
            (2) Time, location, and selection.--A public hearing 
        required under paragraph (1) shall be held at a convenient time 
        and location for impacted residents. In selecting a location 
        for such a public hearing, the Administrator shall give 
        priority to locations in the State that will experience the 
        greatest number of job losses.
    (c) Notification.--If the Administrator concludes under subsection 
(a)(1) that a covered action will have more than a de minimis negative 
impact on employment levels or economic activity in a State, the 
Administrator shall give notice of such impact to the State's 
congressional delegation, Governor, and legislature at least 45 days 
before the effective date of the covered action.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered action.--The term ``covered action'' means any 
        of the following actions taken by the Administrator under the 
        Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
                    (A) Issuing a regulation, policy statement, 
                guidance, response to a petition, or other requirement.
                    (B) Implementing a new or substantially altered 
                program.
            (3) More than a de minimis negative impact.--The term 
        ``more than a de minimis negative impact'' means either of the 
        following:
                    (A) With respect to employment levels, a loss of 
                more than 100 jobs. Any offsetting job gains that 
                result from the hypothetical creation of new jobs 
                through new technologies or government employment may 
                not be used in the job loss calculation.
                    (B) With respect to economic activity, a decrease 
                in economic activity of more than $1,000,000 over any 
                calendar year. Any offsetting economic activity that 
                results from the hypothetical creation of new economic 
                activity through new technologies or government 
                employment may not be used in the economic activity 
                calculation.

SEC. 5. STATE AUTHORITY TO IDENTIFY WATERS WITHIN ITS BOUNDARIES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by striking subsection (d)(2) and inserting the 
following:
    ``(2)(A) Each State shall submit to the Administrator from time to 
time, with the first such submission not later than 180 days after the 
date of publication of the first identification of pollutants under 
section 304(a)(2)(D), the waters identified and the loads established 
under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. 
The Administrator shall approve the State identification and load or 
announce his disagreement with the State identification and load not 
later than 30 days after the date of submission, and if--
            ``(i) the Administrator approves the identification and 
        load submitted by the State in accordance with this subsection, 
        such State shall incorporate them into its current plan under 
        subsection (e); and
            ``(ii) the Administrator announces his disagreement with 
        the identification and load submitted by the State in 
        accordance with this subsection, the Administrator shall 
        submit, not later than 30 days after the date on which such 
        announcement is made, to the State his written recommendation 
        of those additional waters that he identifies and such loads 
        for such waters as he believes are necessary to implement the 
        water quality standards applicable to such waters.
    ``(B) Upon receipt of the Administrator's recommendation the State 
shall within 30 days either--
            ``(i) disregard the Administrator's recommendation in full 
        and incorporate its own identification and load into its 
        current plan under subsection (e);
            ``(ii) accept the Administrator's recommendation in full 
        and incorporate its identification and load as amended by the 
        Administrator's recommendation into its current plan under 
        subsection (e); or
            ``(iii) accept the Administrator's recommendation in part, 
        identifying certain additional waters and certain additional 
        loads proposed by the Administrator to be added to such State's 
        identification and load and incorporate such State's 
        identification and load as amended into its current plan under 
        subsection (e).
    ``(C)(i) If the Administrator fails to either approve the State 
identification and load or announce his disagreement with the State 
identification and load within the time specified in this subsection, 
then such State's identification and load is deemed approved and such 
State shall incorporate the identification and load that it submitted 
into its current plan under subsection (e).
    ``(ii) If the Administrator announces his disagreement with the 
State identification and load but fails to submit his written 
recommendation to the State within 30 days as required by subparagraph 
(A)(ii) then such State's identification and load is deemed approved 
and such State shall incorporate the identification and load that it 
submitted into its current plan under subsection (e).
    ``(D) This paragraph shall apply to any decision made by the 
Administrator under this subsection issued on or after March 1, 
2013.''.

SEC. 6. DEFINITION OF FILL MATERIAL.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
            ``(27) Fill material.--
                    ``(A) In general.--The term `fill material' means 
                any material placed in waters of the United States 
                where the material has the effect of--
                            ``(i) replacing any portion of a water of 
                        the United States with dry land; or
                            ``(ii) changing the bottom elevation of any 
                        portion of a water of the United States.
                    ``(B) Inclusions.--The term `fill material' 
                includes--
                            ``(i) rock;
                            ``(ii) sand;
                            ``(iii) soil;
                            ``(iv) clay;
                            ``(v) plastics;
                            ``(vi) construction debris;
                            ``(vii) wood chips;
                            ``(viii) overburden from mining or other 
                        excavation activities; and
                            ``(ix) materials used to create any 
                        structure or infrastructure in the waters of 
                        the United States.
                    ``(C) Exclusions.--The term `fill material' does 
                not apply to trash or garbage.''.

SEC. 7. APPLICABILITY OF AMENDMENTS.

    Except as otherwise specifically provided, the amendments made by 
this Act shall apply to actions taken on or after the date of enactment 
of this Act, including actions taken with respect to permit 
applications pending, or revised or new standards in the process of 
being promulgated, on such date of enactment.
                                 <all>
```