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zone, or into saline estuarine waters where there is
strong tidal movement.
‘‘(3) DEADLINE.—On or before the 90th day
after the date of submittal of an application for a
modification under paragraph (1), the Administrator
shall issue to the applicant a modified permit under
section 402 or a written determination that the ap-
plication does not meet the terms and conditions of
this subsection.
‘‘(4) EFFECT OF FAILURE TO RESPOND.—If the
Administrator does not respond to an application for
a modification under paragraph (1) on or before the
90th day referred to in paragraph (3), the applica-
tion shall be deemed approved and the modification
sought by the applicant shall be in effect for the suc-
ceeding 10-year period.’’.
(2) EXTENSION OF APPLICATION DEADLINE.—
Section 301(j) (33 U.S.C. 1311(j)) is amended by
adding at the end the following:
‘‘(6) EXTENSION OF APPLICATION DEADLINE.—
In the 365-day period beginning on the date of the
enactment of this paragraph, municipalities may
apply for a modification pursuant to subsection (s)
of the requirements of subsection (b)(1)(B) of this
section.’’.
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(c) MODIFICATIONS
FOR SMALL SYSTEM TREAT-
MENT TECHNOLOGIES.—Section 301 (33 U.S.C. 1311) is
amended by adding at the end the following:
‘‘(t) MODIFICATIONS FOR SMALL SYSTEM TREAT-
MENT TECHNOLOGIES.—The Administrator, with the con-
currence of the State, or a State with an approved pro-
gram under section 402 may issue a permit under section
402 which modifies the requirements of subsection
(b)(1)(B) of this section with respect to the discharge of
any pollutant from a publicly owned treatment works serv-
ing a community of 10,000 people or fewer if the applicant
demonstrates to the satisfaction of the Administrator
that—
‘‘(1) the effluent from such facility originates
primarily from domestic users; and
‘‘(2) such facility utilizes a properly constructed
and operated alternative wastewater treatment sys-
tem (including recirculating sand filter systems, con-
structed wetlands, and oxidation lagoons) which is
equivalent to secondary treatment or will provide in
the receiving waters and watershed an adequate level
of protection to human health and the environment
and contribute to the attainment of water quality
standards.’’.
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(d) PUERTO RICO.—Section 301 (33 U.S.C. 1311)
is further amended by adding at the end the following:
‘‘(u) PUERTO RICO.—
‘‘(1) STUDY
BY
GOVERNMENT
OF
PUERTO
RICO.—Not later than 3 months after the date of
the enactment of this section, the Government of
Puerto Rico may, after consultation with the Admin-
istrator, initiate a study of the marine environment
of Anasco Bay off the coast of the Mayaguez region
of Puerto Rico to determine the feasibility of con-
structing a deepwater outfall for the publicly owned
treatment works located at Mayaguez, Puerto Rico.
Such study shall recommend one or more technically
feasible locations for the deepwater outfall based on
the effects of such outfall on the marine environ-
ment.
‘‘(2) APPLICATION
FOR
MODIFICATION.—Not-
withstanding subsection (j)(1)(A), not later than 18
months after the date of the enactment of this sec-
tion, an application may be submitted for a modi-
fication pursuant to subsection (h) of the require-
ments of subsection (b)(1)(B) of this section by the
owner of the publicly owned treatment works at Ma-
yaguez, Puerto Rico, for a deepwater outfall at a lo-
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cation recommended in the study conducted pursu-
ant to paragraph (1).
‘‘(3) INITIAL DETERMINATION.—On or before
the 90th day after the date of submittal of an appli-
cation for modification under paragraph (2), the Ad-
ministrator shall issue to the applicant a draft initial
determination regarding the modification of the ex-
isting permit.
‘‘(4) FINAL
DETERMINATION.—On or before
the 270th day after the date of submittal of an ap-
plication for modification under paragraph (2), the
Administrator shall issue a final determination re-
garding such modification.
‘‘(5) EFFECTIVENESS.—If a modification is
granted pursuant to an application submitted under
this subsection, such modification shall be effective
only if the new deepwater outfall is operational with-
in 5 years after the date of the enactment of this
subsection. In all other aspects, such modification
shall be effective for the period applicable to all
modifications granted under subsection (h).
(e) ANCHORAGE, ALASKA.—Section 301 (33 U.S.C.
1311) is further amended by adding at the end the follow-
ing:
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‘‘(v) ANCHORAGE, ALASKA.—The Administrator may
grant an application for a modification pursuant to sub-
section (h) with respect to the discharge into marine wa-
ters of any pollutant from a publicly owned treatment
works serving Anchorage, Alaska, notwithstanding sub-
section (j)(1)(A) and notwithstanding whether or not the
treatment provided by such treatment works is adequate
to remove at least 30 percent of the biological oxygen de-
manding material.’’.
SEC. 310. TOXIC POLLUTANTS.
(a) TOXIC EFFLUENT LIMITATIONS
AND STAND-
ARDS.—Section 307(a)(2) (33 U.S.C. 1317(a)(2)) is
amended—
(1) by striking ‘‘(2) Each’’ and inserting the
following:
‘‘(2) TOXIC
EFFLUENT
LIMITATIONS
AND
STANDARDS.—
‘‘(A) IN GENERAL.—Each’’;
(2) by moving paragraph (2) 2 ems to the
right;
(3) by indenting subparagraph (A), as so des-
ignated, and moving the remaining text of such sub-
paragraph 2 ems further to the right; and
(4) in subparagraph (A), as so designated, by
striking the third sentence; and
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(5) by adding at the end the following:
‘‘(B) FACTORS.—The published effluent
standard (or prohibition) shall take into ac-
count—
‘‘(i) the pollutant’s persistence, tox-
icity, degradability, and bioaccumulation
potential;
‘‘(ii) the magnitude and risk of expo-
sure to the pollutant, including risks to af-
fected organisms and the importance of
such organisms;
‘‘(iii) the relative contribution of point
source discharges of the pollutant to the
overall risk from the pollutant;
‘‘(iv) the availability of, costs associ-
ated with, and risk posed by substitute
chemicals or processes or the availability of
treatment processes or control technology;
‘‘(v) the beneficial and adverse social
and economic effects of the effluent stand-
ard, including the impact on energy re-
sources;
‘‘(vi) the extent to which effective con-
trol is being or may be achieved in an ex-
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peditious manner under other regulatory
authorities;
‘‘(vii) the impact on national security
interests; and
‘‘(viii) such other factors as the Ad-
ministrator considers appropriate.’’.
(b) BEACH WATER QUALITY MONITORING.—
(1) IN
GENERAL.—Section 304 is further
amended by adding at the end the following:
‘‘(o) BEACH WATER QUALITY MONITORING.—After
consultation with appropriate Federal, State, and local
agencies and after providing notice and opportunity for
public comment, the Administrator shall develop and
issue, not later than 18 months after the date of the enact-
ment of this Act, guidance that States may use in monitor-
ing water quality at beaches and issuing health advisories
with respect to beaches, including testing protocols, rec-
ommendations on frequency of testing and monitoring,
recommendations on pollutants for which monitoring and
testing should be conducted, and recommendations on
when health advisories should be issued. Such guidance
shall be based on the best available scientific information
and be sufficient to protect public health and safety in
the case of any reasonably expected exposure to pollutants
as a result of swimming or bathing.’’.
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(2) REPORTS.—Section 516(a) (33 U.S.C.
1375(a)) is amended by striking ‘‘and (9)’’ and in-
serting ‘‘(9) the monitoring conducted by States on
the water quality of beaches and the issuance of
health advisories with respect to beaches, and (10)’’.
(c) FISH CONSUMPTION ADVISORIES.—Any fish con-
sumption advisories issued by the Administrator shall be
based upon the protocols, methodology, and findings of the
Food and Drug Administration.
SEC. 311. LOCAL PRETREATMENT AUTHORITY.
Section 307 (33 U.S.C. 1317) is amended by adding
at the end the following new subsection:
‘‘(f) LOCAL PRETREATMENT AUTHORITY.—
‘‘(1) DEMONSTRATION.—If, to carry out the
purposes identified in paragraph (2), a publicly
owned 
treatment 
works 
with 
an 
approved
pretreatment program demonstrates to the satisfac-
tion of the Administrator, or a State with an ap-
proved program under section 402, that—
‘‘(A) such publicly owned treatment works
is in compliance, and is likely to remain in com-
pliance, with its permit under section 402, in-
cluding applicable effluent limitations and nar-
rative standards;
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‘‘(B) such publicly owned treatment works
is in compliance, and is likely to remain in com-
pliance, with applicable air emission limitations;
‘‘(C) biosolids produced by such publicly
owned treatment works meet beneficial use re-
quirements under section 405;
‘‘(D) such publicly owned treatment works
is likely to continue to meet all applicable State
requirements; and
‘‘(E) local limits established by such treat-
ment works in its approved pretreatment pro-
gram are preventing and will continue to pre-
vent the introduction of pollutants into such
treatment works that interfere with, pass
through, or are otherwise incompatible with
such treatment works;
the approved pretreatment program shall be modi-
fied to allow the publicly owned treatment works to
apply approved local limits in lieu of categorical
pretreatment standards promulgated under this sec-
tion.
‘‘(2) PURPOSES.—The publicly owned treat-
ment works may make the demonstration to the Ad-
ministrator or the State, as the case may be, to
apply approved local limits in lieu of categorical
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pretreatment standards, as the treatment works
deems necessary, for the purposes of—
‘‘(A) reducing the administrative burden
associated with the designation of an ‘industrial
user’ as a ‘categorical industrial user’; or
‘‘(B) eliminating additional redundant or
unnecessary treatment by industrial users
which has little or no environmental benefit.
‘‘(3) LIMITATIONS.—
‘‘(A) SIGNIFICANT NONCOMPLIANCE.—The
publicly owned treatment works may not apply
local limits in lieu of categorical pretreatment
standards to any industrial user which is in sig-
nificant noncompliance (as defined by the Ad-
ministrator) with its approved pretreatment
program.
‘‘(B) PROCEDURES.—A demonstration to
the Administrator or the State under paragraph
(1) must be made under the procedures for
pretreatment program modification provided
under this section and section 402.
‘‘(4) ANNUAL REVIEW.—
‘‘(A) DEMONSTRATION RELATING TO ABIL-
ITY TO MEET CRITERIA.—As part of the annual
pretreatment report of the publicly owned treat-
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ment works to the Administrator or State, the
treatment works shall demonstrate that applica-
tion of local limits in lieu of categorical
pretreatment standards has not resulted in the
inability of the treatment works to meet the cri-
teria of paragraph (1).
‘‘(B) TERMINATION
OF
AUTHORITY.—If
the Administrator or State determines that ap-
plication of local limits in lieu of categorical
pretreatment standards has resulted in the in-
ability of the treatment works to meet the cri-
teria of paragraph (1), the authority of a pub-
licly owned treatment works under this section
shall be terminated and any affected industrial
user shall have a reasonable period of time to
be determined by the Administrator or State,
but not to exceed 2 years, to come into compli-
ance with any otherwise applicable requirements
of this Act.’’.
SEC. 312. COMPLIANCE WITH MANAGEMENT PRACTICES.
Section 307 (33 U.S.C. 1317) is amended by adding
at the end the following:
‘‘(g) COMPLIANCE
WITH
MANAGEMENT
PRAC-
TICES.—
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‘‘(1) SPECIAL RULE.—The Administrator or a
State with a permit program approved under section
402 may allow any person that introduces silver into
a publicly owned treatment works to comply with a
code of management practices with respect to the in-
troduction of silver into the treatment works for a
period not to exceed 5 years beginning on the date
of the enactment of this subsection in lieu of comply-
ing with any pretreatment requirement (including
any local limit) based on an effluent limitation for
the treatment works derived from a water quality
standard for silver—
‘‘(A) if the treatment works has accepted
the code of management practices;
‘‘(B) if the code of management practices
meets the requirements of paragraph (2); and
‘‘(C) if the facility is—
‘‘(i) part of a class of facilities for
which the code of management practices
has been approved by the Administrator or
the State;
‘‘(ii) in compliance with a mass limita-
tion or concentration level for silver attain-
able with the application of the best avail-
able technology economically achievable for
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such facilities, as established by the Ad-
ministrator after a review of the treatment
and management practices of such class of
facilities; and
‘‘(iii) implementing the code of man-
agement practices.
‘‘(2) CODE
OF
MANAGEMENT
PRACTICES.—A
code of management practices meets the require-
ments of this paragraph if the code of management
practices—
‘‘(A) is developed and adopted by rep-
resentatives of industry and publicly owned
treatment works of major urban areas;
‘‘(B) is approved by the Administrator or
the State, as the case may be;
‘‘(C) reflects acceptable industry practices
to minimize the amount of silver introduced
into publicly owned treatment works or other-
wise entering the environment from the class of
facilities for which the code of management
practices is approved; and
‘‘(D) addresses, at a minimum—
‘‘(i) the use of the best available tech-
nology economically achievable, based on a
review of the current state of such tech-
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nology for such class of facilities and of the
effluent guidelines for such facilities;
‘‘(ii) water conservation measures
available to reduce the total quantity of
discharge from such facilities to publicly
owned treatment works;
‘‘(iii) opportunities to recover silver
(and other pollutants) from the waste
stream prior to introduction into a publicly
owned treatment works; and
‘‘(iv) operating and maintenance prac-
tices to minimize the amount of silver in-
troduced into publicly owned treatment
works and to assure consistent perform-
ance of the management practices and
treatment technology specified under this
paragraph.
‘‘(3) INTERIM EXTENSION FOR POTWS RECEIV-
ING SILVER.—In any case in which the Adminis-
trator or a State with a permit program approved
under section 402 allows under paragraph (1) a per-
son to comply with a code of management practices
for a period of not to exceed 5 years in lieu of com-
plying with a pretreatment requirement (including a
local limit) for silver, the Administrator or State, as
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applicable, shall modify the permit conditions and ef-
fluent limitations for any affected publicly owned
treatment works to defer for such period compliance
with any effluent limitation derived from a water
quality standard for silver beyond that required by
section 301(b)(2), notwithstanding the provisions of
section 303(d)(4) and 402(o), if the Administrator
or the State, as applicable, finds that—
‘‘(A) the quality of any affected waters and
the operation of the treatment works will be
adequately protected during such period by im-
plementation of the code of management prac-
tices and the use of best technology economi-
cally achievable by persons introducing silver
into the treatment works;
‘‘(B) the introduction of pollutants into
such treatment works is in compliance with
paragraphs (1) and (2); and
‘‘(C) a program of enforcement by such
treatment works and the State ensures such
compliance.’’.
SEC. 313. FEDERAL ENFORCEMENT.
(a) ADJUSTMENT OF PENALTIES.—Section 309 (33
U.S.C. 1319) is amended by adding at the end the follow-
ing:
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‘‘(h) ADJUSTMENT OF MONETARY PENALTIES FOR
INFLATION.—
‘‘(1) IN
GENERAL.—Not later than 4 years
after the date of the enactment of this subsection,
and at least once every 4 years thereafter, the Ad-
ministrator shall adjust each monetary penalty pro-
vided by this section in accordance with paragraph
(2) and publish such adjustment in the Federal Reg-
ister.
‘‘(2) METHOD.—An adjustment to be made
pursuant to paragraph (1) shall be determined by
increasing or decreasing the maximum monetary
penalty or the range of maximum monetary pen-
alties, as appropriate, by multiplying the cost-of-liv-
ing adjustment and the amount of such penalty.
‘‘(3) COST-OF-LIVING ADJUSTMENT DEFINED.—
In this subsection, the term ‘cost-of-living’ adjust-
ment means the percentage (if any) for each mone-
tary penalty by which—
‘‘(A) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment; is greater or less than
‘‘(B) the Consumer Price Index for—
‘‘(i) with respect to the first adjust-
ment under this subsection, the month of
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June of the calendar year preceding the
date of the enactment of this subsection;
and
‘‘(ii) with respect to each subsequent
adjustment under this subsection, the
month of June of the calendar year in
which the amount of such monetary pen-
alty was last adjusted under this sub-
section.
‘‘(4) 
ROUNDING.—In 
making 
adjustments
under this subsection, the Administrator may round
the dollar amount of a penalty, as appropriate.
‘‘(5) APPLICABILITY.—Any increase or decrease
to a monetary penalty resulting from this subsection
shall apply only to violations which occur after the
date any such increase takes effect.’’.
(b) JOINING STATES AS PARTIES IN ACTIONS IN-
VOLVING MUNICIPALITIES.—Section 309(e) (33 U.S.C.
1319(e)) is amended by striking ‘‘shall be joined as a
party. Such State’’ and inserting ‘‘may be joined as a
party. Any State so joined as a party’’.
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SEC. 314. RESPONSE PLANS FOR DISCHARGES OF OIL OR
HAZARDOUS SUBSTANCES.
(a) IN GENERAL.—The requirements of section
311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) shall not apply with respect to—
(1) a municipal or industrial treatment works
at which no greater than a de minimis quantity of
oil or hazardous substances is stored; or
(2) a facility that stores process water mixed
with a de minimis quantity of oil.
(b) REGULATIONS.—The President shall issue regu-
lations clarifying the meaning of the term ‘‘de minimis
quantity of oil or hazardous substances’’ as used in this
section.
SEC. 315. MARINE SANITATION DEVICES.
Section 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is
amended by adding at the end the following: ‘‘Not later
than 2 years after the date of the enactment of this sen-
tence, and at least once every 5 years thereafter, the Ad-
ministrator, in consultation with the Secretary of the De-
partment in which the Coast Guard is operating and after
providing notice and opportunity for public comment, shall
review such standards and regulations to take into account
improvements in technology relating to marine sanitation
devices and based on such review shall make such revisions
to such standards and regulations as may be necessary.’’.
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SEC. 316. FEDERAL FACILITIES.
(a) APPLICATION OF CERTAIN PROVISIONS.—Section
313(a) (33 U.S.C. 1323(a)) is amended by striking all
preceding subsection (b) and inserting the following:
‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
‘‘(a) APPLICABILITY OF FEDERAL, STATE, INTER-
STATE, AND LOCAL LAWS.—
‘‘(1) IN GENERAL.—Each department, agency,
or instrumentality of the executive, legislative, and
judicial branches of the Federal Government—
‘‘(A) having jurisdiction over any property
or facility, or
‘‘(B) engaged in any activity resulting, or
which may result, in the discharge of pollut-
ants,
and each officer, agent, or employee thereof in the
performance of his official duties, shall be subject to,
and comply with, all Federal, State, interstate, and
local requirements, administrative authority, and
process and sanctions respecting the control and
abatement of water pollution in the same manner
and to the same extent as any nongovernmental en-
tity, including the payment of reasonable service
charges.
‘‘(2) TYPES OF ACTIONS COVERED.—Paragraph
(1) shall apply—
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(1) (including any injunctive relief, any admin-
istrative order, any civil or administrative pen-
alty or fine referred to in paragraph (3), or any
reasonable service charge).
‘‘(B) PROCESSING FEES.—The reasonable
service charges referred to in this paragraph in-
clude fees or charges assessed in connection
with the processing and issuance of permits, re-
newal of permits, amendments to permits, re-
view of plans, studies, and other documents,
and inspection and monitoring of facilities, as
well as any other nondiscriminatory charges
that are assessed in connection with a Federal,
State, interstate, or local water pollution regu-
latory program.
‘‘(5) EXEMPTIONS.—
‘‘(A) GENERAL
AUTHORITY
OF
PRESI-
DENT.—The President may exempt any effluent
source of any department, agency, or instru-
mentality in the executive branch from compli-
ance with any requirement to which paragraph
(1) applies if the President determines it to be
in the paramount interest of the United States
to do so; except that no exemption may be
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granted from the requirements of section 306
or 307 of this Act.
‘‘(B) LIMITATION.—No exemptions shall
be granted under subparagraph (A) due to lack
of appropriation unless the President shall have
specifically requested such appropriation as a
part of the budgetary process and the Congress
shall have failed to make available such re-
quested appropriation.
‘‘(C) TIME PERIOD.—Any exemption under
subparagraph (A) shall be for a period not in
excess of 1 year, but additional exemptions may
be granted for periods of not to exceed 1 year
upon the President’s making a new determina-
tion.
‘‘(D) MILITARY PROPERTY.—In addition to
any exemption of a particular effluent source,
the President may, if the President determines
it to be in the paramount interest of the United
States to do so, issue regulations exempting
from compliance with the requirements of this
section any weaponry, equipment, aircraft, ves-
sels, vehicles, or other classes or categories of
property, and access to such property, which
are owned or operated by the Armed Forces of
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the United States (including the Coast Guard)
or by the National Guard of any State and
which are uniquely military in nature. The
President shall reconsider the need for such
regulations at 3-year intervals.
‘‘(E) REPORTS.—The President shall re-
port each January to the Congress all exemp-
tions from the requirements of this section
granted during the preceding calendar year, to-
gether with the President’s reason for granting
such exemption.
‘‘(6) VENUE.—Nothing in this section shall be
construed to prevent any department, agency, or in-
strumentality of the Federal Government, or any of-
ficer, agent, or employee thereof in the performance
of official duties, from removing to the appropriate
Federal district court any proceeding to which the
department, agency, or instrumentality or officer,
agent, or employee thereof is subject pursuant to
this section, and any such proceeding may be re-
moved in accordance with chapter 89 of title 28,
United States Code.
‘‘(7) PERSONAL
LIABILITY
OF
FEDERAL
EM-
PLOYEES.—No agent, employee, or officer of the
United States shall be personally liable for any civil
100
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penalty under any Federal, State, interstate, or local
water pollution law with respect to any act or omis-
sion within the scope of the official duties of the
agent, employee, or officer.
‘‘(8) CRIMINAL
SANCTIONS.—An agent, em-
ployee, or officer of the United States shall be sub-
ject to any criminal sanction (including any fine or
imprisonment) under any Federal or State water
pollution law, but no department, agency, or instru-
mentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject
to any such sanction.’’.
(b) FUNDS COLLECTED BY A STATE.—Section 313
(33 U.S.C. 1323) is further amended by adding at the
end the following:
‘‘(c) LIMITATION ON STATE USE OF FUNDS.—Unless
a State law in effect on the date of the enactment of this
subsection or a State constitution requires the funds to
be used in a different manner, all funds collected by a
State from the Federal Government in penalties and fines
imposed for the violation of a substantive or procedural
requirement referred to in subsection (a) shall be used by
a State only for projects designed to improve or protect
the environment or to defray the costs of environmental
protection or enforcement.’’.
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(c) ENFORCEMENT.—Section 313 is further amended
by adding at the end the following:
‘‘(d) FEDERAL FACILITY ENFORCEMENT.—
‘‘(1) 
ADMINISTRATIVE
ENFORCEMENT
BY
EPA.—The Administrator may commence an admin-
istrative enforcement action against any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the Federal Government
pursuant to the enforcement authorities contained in
this Act.
‘‘(2) PROCEDURE.—The Administrator shall
initiate an administrative enforcement action against
a department, agency, or instrumentality under this
subsection in the same manner and under the same
circumstances as an action would be initiated
against any other person under this Act. The
amount of any administrative penalty imposed under
this subsection shall be determined in accordance
with section 309(d) of this Act.
‘‘(3) 
VOLUNTARY
SETTLEMENT.—Any 
vol-
untary resolution or settlement of an action under
this subsection shall be set forth in an administra-
tive consent order.
‘‘(4) CONFERRAL WITH EPA.—No administra-
tive order issued to a department, agency, or instru-
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mentality under this section shall become final until
such department, agency, or instrumentality has had
the opportunity to confer with the Administrator.’’.
(d) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Section 313 is further amended by adding at
the end the following:
‘‘(e) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Any violation with respect to which the Ad-
ministrator has commenced and is diligently prosecuting
an action under this subsection, or for which the Adminis-
trator has issued a final order and the violator has either
paid a penalty or fine assessed under this subsection or
is subject to an enforceable schedule of corrective actions,
shall not be the subject of an action under section 505
of this Act. In any action under this subsection, any citi-
zen may intervene as a matter of right.’’.
(e) DEFINITION OF PERSON.—Section 502(5) (33
U.S.C. 1362(5)) is amended by inserting before the period
at the end the following: ‘‘and includes any department,
agency, or instrumentality of the United States’’.
(f) DEFINITION OF RADIOACTIVE MATERIALS.—Sec-
tion 502 (33 U.S.C. 1362) is amended by adding at the
end the following:
‘‘(24) The term ‘radioactive materials’ includes
source materials, special nuclear materials, and byproduct