I 
112TH CONGRESS 
1ST SESSION H. R. 2018 
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 Cali-
fornia, Mr. YOUNG of Alaska, Mrs. SCHMIDT, and Mr. ROGERS of Ken-
tucky) 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 pre-
serve the authority of each State to make determinations 
relating to the State’s water quality standards, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Water Coopera-
tive Federalism Act of 2011’’. 
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SEC. 2. STATE WATER QUALITY STANDARDS. 
(a) STATE WATER QUALITY STANDARDS.—Section 
303(c)(4) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(4)) is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 
(3) by striking ‘‘The Administrator shall pro-
mulgate’’ and inserting the following: 
‘‘(B) The Administrator shall promulgate’’; and 
(4) by adding at the end the following: 
‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad-
ministrator may not promulgate a revised or new standard 
for a pollutant in any case in which the State has sub-
mitted to the Administrator and the Administrator has ap-
proved a water quality standard for that pollutant, unless 
the State concurs with the Administrator’s determination 
that the revised or new standard is necessary to meet the 
requirements of this Act.’’. 
(b) FEDERAL LICENSES
AND PERMITS.—Section 
401(a) of such Act (33 U.S.C. 1341(a)) is amended by 
adding at the end the following: 
‘‘(7) With respect to any discharge, if a State or 
interstate agency having jurisdiction over the navigable 
waters at the point where the discharge originates or will 
originate determines under paragraph (1) that the dis-
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charge will comply with the applicable provisions of sec-
tions 301, 302, 303, 306, and 307, the Administrator may 
not take any action to supersede the determination.’’. 
(c) STATE NPDES PERMIT PROGRAMS.—Section 
402(c) of such Act (42 U.S.C. 1342(c)) is amended by 
adding at the end the following: 
‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS-
TRATOR TO WITHDRAW APPROVAL OF STATE PRO-
GRAMS.—The Administrator may not withdraw ap-
proval of a State program under paragraph (3) or 
(4), or limit Federal financial assistance for the 
State program, on the basis that the Administrator 
disagrees with the State regarding— 
‘‘(A) the implementation of any water 
quality standard that has been adopted by the 
State and approved by the Administrator under 
section 303(c); or 
‘‘(B) the implementation of any Federal 
guidance that directs the interpretation of the 
State’s water quality standards.’’. 
(d) LIMITATION ON AUTHORITY OF ADMINISTRATOR 
TO OBJECT TO INDIVIDUAL PERMITS.—Section 402(d) of 
such Act (33 U.S.C. 1342(d)) is amended by adding at 
the end the following: 
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