179
adequate notice and opportunity for public comment
at least once every 3 years after its publication.
‘‘(3) MODEL
MANAGEMENT
PRACTICES
AND
MEASURES DEFINED.—For the purposes of this sub-
section and section 304(a)(13), the term ‘‘model
management practices and measures’’ means eco-
nomically achievable measures for the control of pol-
lutants from stormwater discharges which reflect the
most cost-effective degree of pollutant reduction
achievable through the application of the best avail-
able practices, technologies, processes, siting criteria,
operating methods, or other alternatives.
‘‘(l) 
ENFORCEMENT
WITH
RESPECT
TO
STORMWATER DISCHARGERS VIOLATING STATE MANAGE-
MENT PROGRAMS.—Stormwater dischargers that do not
comply with State management program requirements
under subsection (c) are subject to applicable enforcement
actions under sections 309 and 505 of this Act.
‘‘(m) ENTRY AND INSPECTION.—In order to carry
out the objectives of this section, an authorized represent-
ative of a State, upon presentation of his or her creden-
tials, shall have a right of entry to, upon, or through any
property at which a stormwater discharge or records re-
quired to be maintained under the State stormwater man-
agement program are located.
180
‘‘(n) LIMITATION
ON
DISCHARGES
REGULATED
UNDER
WATERSHED
MANAGEMENT
PROGRAM.—
Stormwater discharges regulated under section 321 in a
manner consistent with this section shall not be subject
to this section.
‘‘(o) MINERAL EXPLORATION AND MINING SITES.—
‘‘(1) EXPLORATION
SITES.—For purposes of
subsection (c)(2)(F), stormwater discharges from
construction activities shall include stormwater dis-
charges from mineral exploration activities; except
that, for exploration at abandoned mined lands, the
stormwater program under subsection (c)(2)(F)
shall be limited to the control of pollutants added to
stormwater by contact with areas disturbed by the
exploration activity.
‘‘(2) MINING SITES.—Stormwater discharges at
ore mining and dressing sites shall be subject to this
section. If any such discharge is commingled with
mine drainage or process wastewater from mining
operations, such discharge shall be treated as a dis-
charge from a point source for purposes of this Act.
Land that was previously used for mining activities
for which reclamation requirements of the Surface
Mining Control and Reclamation Act of 1977 have
been met and a performance bond or deposit re-
181
quired under section 509 of such Act has been re-
leased under section 519 of such Act shall no longer
be considered an ore mining and dressing site.
‘‘(3) ABANDONED MINED LANDS.—Stormwater
discharges from abandoned mined lands shall be
subject to section 319; except that if the State, after
notice and an opportunity for comment, finds that
regulation of such stormwater discharges under this
section is necessary to make reasonable further
progress toward achieving water quality standards
by the date referred to in subsection (c)(2)(B), such
discharges shall be subject to this section.
‘‘(4) SURFACE
MINING
CONTROL
AND
REC-
LAMATION ACT SITES.—Notwithstanding paragraph
(3), stormwater discharges from abandoned mined
lands site which are subject to the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1201–1328) shall be subject to section 319.
‘‘(5) ACTIVE COAL MINING SITES.—Discharges
comprised entirely of stormwater from an active coal
mining site operating under a permit issued under
the Surface Mining Control and Reclamation Act of
1977 shall be subject to section 319.
‘‘(6) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
182
‘‘(A) ABANDONED
MINED
LANDS.—The
term ‘abandoned mined lands’ means lands
which were used for mineral activities and
abandoned or left in an inadequate reclamation
status and for which there is no continuing rec-
lamation responsibility under State or Federal
laws.
‘‘(B) PROCESS WASTE WATER.—The term
‘process waste water’ means any water other
than stormwater which comes into contact with
any raw material, intermediate product, fin-
ished product, byproduct, or waste product as
part of any mineral beneficiation processes em-
ployed at the site.
‘‘(C) MINE
DRAINAGE.—The term ‘mine
drainage’ means any water drained, pumped, or
siphoned from underground mine workings or
mine pits, but such term shall not include
stormwater runoff from tailings dams, dikes,
overburden, waste rock piles, haul roads, access
roads, and ancillary facility areas.’’.
(b) REPEAL OF LIMITATION ON PERMIT REQUIRE-
MENT.—Section 402(l) (33 U.S.C. 1342(l)) is repealed.
183
(c) REPEAL
OF
MUNICIPAL
AND
INDUSTRIAL
STORMWATER DISCHARGES PROGRAM.—Section 402(p)
(33 U.S.C. 1342(p)) is repealed.
(d) DEVELOPMENT OF STORMWATER CRITERIA.—
Section 304(a) is further amended by adding at the end
the following:
‘‘(13) DEVELOPMENT
OF
STORMWATER
CRI-
TERIA.—
‘‘(A) IN GENERAL.—To reflect the episodic
character of stormwater which results in signifi-
cant variances in the volume, hydraulics, hy-
drology, and pollutant load associated with
stormwater discharges, the Administrator shall
establish, as an element of the water quality
standards established for the designated uses of
the navigable waters, stormwater criteria which
protect the navigable waters from impairment
of the designated beneficial uses caused by
stormwater discharges. The criteria shall be
technologically and financially feasible and may
include 
performance 
standards, 
guidelines,
guidance, and model management practices and
measures and treatment requirements, as ap-
propriate, and as identified in section 322.
184
‘‘(B) INFORMATION TO BE USED IN DE-
VELOPMENT.—The stormwater discharge cri-
teria to be established under this paragraph—
‘‘(i) shall be developed from—
‘‘(I) the findings and conclusions
of the demonstration programs and
research 
conducted 
under 
section
322(h);
‘‘(II) the findings and conclu-
sions of the research and monitoring
activities of stormwater dischargers
performed in compliance with permit
requirements of this Act; and
‘‘(III) other relevant information,
including information submitted to
the Administrator under the industrial
group permit application process in
effect under section 402 of this Act on
the day before the date of the enact-
ment of this paragraph;
‘‘(ii) shall be developed in consultation
with persons with expertise in the manage-
ment of stormwater (including officials of
State and local government, industrial and
185
commercial stormwater dischargers, and
public interest groups); and
‘‘(iii) shall be established as an ele-
ment of the water quality standards that
are developed and implemented under this
Act by not later than December 31,
2008.’’.
(e) DEFINITIONS.—Section 502 (33 U.S.C. 1362) is
amended—
(1) by adding at the end of paragraph (14) the
following: ‘‘The term does not include a stormwater
discharge that is subject to section 322.’’; and
(2) by adding at the end the following:
‘‘(25) The term ‘stormwater’ means runoff from rain,
snow melt, or any other precipitation-generated surface
runoff.
‘‘(26) The term ‘stormwater discharge’ means a dis-
charge from any conveyance which is used for the collect-
ing and conveying of stormwater to navigable waters and
which is associated with a municipal storm sewer system
or industrial, commercial, oil, gas, or mining activities or
construction activities.’’.
186
SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
Title III (33 U.S.C. 1311–1330) is further amended
by adding at the end the following:
‘‘SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
‘‘(a) GENERAL RULE.—The Administrator or the
Secretary of the Army (hereinafter in this section referred
to as the ‘Secretary’), as appropriate, shall develop and
publish a risk assessment before issuing—
‘‘(1) any standard, effluent limitation, water
quality criterion, water quality based requirement, or
other regulatory requirement under this Act (other
than a permit or a purely procedural requirement);
or
‘‘(2) any guidance under this Act which, if is-
sued as a regulatory requirement, would result in an
annual increase in cost of $25,000,000 or more.
‘‘(b) CONTENTS OF RISK ASSESSMENTS.—A risk as-
sessment developed under subsection (a), at a minimum,
shall—
‘‘(1) identify and use all relevant and readily
obtainable data and information of sufficient quality,
including data and information submitted to the
Agency in a timely fashion;
187
‘‘(2) identify and discuss significant assump-
tions, inferences, or models used in the risk assess-
ment;
‘‘(3) measure the sensitivity of the results to
the significant assumptions, inferences, or models
that the risk assessment relies upon;
‘‘(4) with respect to significant assumptions, in-
ferences, or models that the results are sensitive to,
identify and discuss—
‘‘(A) credible alternatives and the basis for
the rejection of such alternatives;
‘‘(B) the scientific or policy basis for the
selection of such assumptions, inferences, or
models; and
‘‘(C) the extent to which any such assump-
tions, inferences, or models have been validated
or conflict with empirical data;
‘‘(5) to the maximum extent practical, provide
a description of the risk, including, at minimum,
best estimates or other unbiased representation of
the most plausible level of risk and a description of
the specific populations or natural resources subject
to the assessment;
188
‘‘(6) to the maximum extent practical, provide
a quantitative estimate of the uncertainty inherent
in the risk assessment; and
‘‘(7) compare the nature and extent of the risk
identified in the risk assessment to other risks to
human health and the environment.
‘‘(c) RISK ASSESSMENT GUIDANCE.—Not later than
180 days after the date of the enactment of this section,
and after providing notice and opportunity for public com-
ment, the Administrator, in consultation with the Sec-
retary, shall issue, and thereafter revise, as appropriate,
guidance for conducting risk assessments under subsection
(a).
‘‘(d) MARGIN OF SAFETY.—When establishing a mar-
gin of safety for use in developing a regulatory require-
ment described in subsection (a)(1) or guidance described
in subsection (a)(2), the Administrator or the Secretary,
as appropriate, shall provide, as part of the risk assess-
ment under subsection (a), an explicit and, to the extent
practical, quantitative description of the margin of safety
relative to an unbiased estimate of the risk being ad-
dressed.
‘‘(e) DISCRETIONARY EXEMPTIONS.—The Adminis-
trator or the Secretary, as appropriate, may exempt from
the requirements of this section any risk assessment pre-
189
pared in support of a regulatory requirement described in
subsection (a)(1) which is likely to result in annual in-
crease in cost of less than $25,000,000. Such exemptions
may be made for specific risk assessments or classes of
risk assessments.
‘‘(f) GENERAL RULE ON APPLICABILITY.—The re-
quirements of this section shall apply to any regulatory
requirement described in subsection (a)(1) or guidance de-
scribed in subsection (a)(2) that is issued after the last
day of the 1-year period beginning on the date of the en-
actment of this section.
‘‘(g) SIGNIFICANT REGULATORY ACTIONS AND GUID-
ANCE.—
‘‘(1) APPLICABILITY
OF
REQUIREMENTS.—In
addition to the regulatory requirements and guid-
ance referred to in subsection (f), the requirements
of this section shall apply to—
‘‘(A) any standard, effluent limitation,
water quality criterion, water quality based re-
quirement, or other regulatory requirement is-
sued under this Act during the period described
in paragraph (2) which is likely to result in an
annual increase in cost of $100,000,000 or
more; and
190
‘‘(B) any guidance issued under this Act
during the period described in paragraph (2)
which, if issued as a regulatory requirement,
would be likely to result in annual increase in
cost of $100,000,000 or more.
‘‘(2) COVERED PERIOD.—The period described
in this paragraph is the period beginning on Feb-
ruary 15, 1995, and ending on the last day of the
1-year period beginning on the date of the enact-
ment of this Act.
‘‘(3) REVIEW.—Any regulatory requirement de-
scribed in paragraph (1)(A) or guidance described in
paragraph (1)(B) which was issued before the date
of the enactment of this section shall be reviewed
and, with respect to each such requirement or guid-
ance, the Administrator or the Secretary, as appro-
priate, shall based on such review—
‘‘(A) certify that the requirement or guid-
ance meets the requirements of this section
without revision; or
‘‘(B) reissue the requirement or guidance,
after providing notice and opportunity for pub-
lic comment, with such revisions as may be nec-
essary for compliance with the requirements of
this section.
191
‘‘(4) DEADLINE.—Any regulatory requirement
described in paragraph (1)(A) or guidance described
in paragraph (1)(B) for which the Administrator or
the Secretary, as appropriate, does not issue a cer-
tification or revisions under paragraph (3) on or be-
fore the last day of the 18-month period beginning
on the date of the enactment of this section shall
cease to be effective after such last day until the
date on which such certification or revisions are is-
sued.’’.
SEC. 324. BENEFIT AND COST CRITERION.
Title III (33 U.S.C. 1311–1330) is further amended
by adding at the end the following:
‘‘SEC. 324. BENEFIT AND COST CRITERION.
‘‘(a) DECISION CRITERION.—
‘‘(1) CERTIFICATION.—The Administrator or
the Secretary of the Army (hereinafter in this sec-
tion referred to as the ‘Secretary’), as appropriate,
shall not issue—
‘‘(A) any standard, effluent limitation, or
other regulatory requirement under this Act; or
‘‘(B) any guidance under this Act which, if
issued as a regulatory requirement, would result
in an annual increase in cost of $25,000,000 or
more,
192
unless the Administrator or the Secretary certifies
that the requirement or guidance maximizes net ben-
efits to society. Such certification shall be based on
an analysis meeting the requirements of subsection
(b).
‘‘(2) EFFECT OF CRITERION.—Notwithstanding
any other provision of this Act, the decision criterion
of paragraph (1) shall supplement and, to the extent
there is a conflict, supersede the decision criteria
otherwise applicable under this Act; except that the
resulting regulatory requirement or guidance shall
be economically achievable.
‘‘(3) SUBSTANTIAL EVIDENCE.—Notwithstand-
ing any other provision of this Act, no regulation or
guidance subject to this subsection shall be issued by
the Administrator or the Secretary unless the re-
quirement of paragraph (1) is met and the certifi-
cation is supported by substantial evidence.
‘‘(b) BENEFIT AND COST ANALYSIS GUIDANCE.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this section, and
after providing notice and opportunity for public
comment, the Administrator, in concurrence with the
Administrator of the Office of Information and Reg-
ulatory Affairs, shall issue, and thereafter revise, as
195
ance referred to in subsection (e), this section shall
apply to—
‘‘(A) any standard, effluent limitation, or
other regulatory requirement issued under this
Act during the period described in paragraph
(2) which is likely to result in an annual in-
crease in cost of $100,000,000 or more; and
‘‘(B) any guidance issued under this Act
during the period described in paragraph (2)
which, if issued as a regulatory requirement,
would be likely to result in annual increase in
cost of $100,000,000 or more.
‘‘(2) COVERED PERIOD.—The period described
in this paragraph is the period beginning on Feb-
ruary 15, 1995, and ending on the last day of the
1-year period beginning on the date of the enact-
ment of this Act.
‘‘(3) REVIEW.—Any regulatory requirement de-
scribed in paragraph (1)(A) or guidance described in
paragraph (1)(B) which was issued before the date
of the enactment of this section shall be reviewed
and, with respect to each such requirement or guid-
ance, the Administrator or the Secretary, as appro-
priate, shall based on such review—
196
‘‘(A) certify that the requirement or guid-
ance meets the requirements of this section
without revision; or
‘‘(B) reissue the requirement or guidance,
after providing notice and opportunity for pub-
lic comment, with such revisions as may be nec-
essary for compliance with the requirements of
this section.
‘‘(4) DEADLINE.—Any regulatory requirement
described in paragraph (1)(A) or guidance described
in paragraph (1)(B) for which the Administrator or
the Secretary, as appropriate, does not issue a cer-
tification or revisions under paragraph (3) on or be-
fore the last day of the 18-month period beginning
on the date of the enactment of this section shall
cease to be effective after such last day until the
date on which such certification or revisions are is-
sued.
‘‘(g) STUDY.—Not later than 5 years after the date
of the enactment of this section, the Administrator, in con-
sultation with the Administrator of the Office of Informa-
tion and Regulatory Affairs, shall publish an analysis re-
garding the precision and accuracy of benefit and cost es-
timates prepared under this section. Such study, at a min-
imum, shall—
197
‘‘(1) compare estimates of the benefits and
costs prepared under this section to actual costs and
benefits achieved after implementation of regulations
or other requirements;
‘‘(2) examine and assess alternative analytic
methods for conducting benefit and cost analysis, in-
cluding health-health analysis; and
‘‘(3) make recommendations for the improve-
ment of benefit and cost analyses conducted under
this section.’’.
TITLE IV—PERMITS AND
LICENSES
SEC. 
401. 
WASTE 
TREATMENT 
SYSTEMS 
FOR 
CON-
CENTRATED ANIMAL FEEDING OPERATIONS.
Section 402(a) is amended by adding the following
new paragraph:
‘‘(6) CONCENTRATED ANIMAL FEEDING OPER-
ATIONS.—For purposes of this section, waste treat-
ment systems, including retention ponds or lagoons,
used to meet the requirements of this Act for con-
centrated animal feeding operations, are not waters
of the United States. If an existing concentrated
animal feeding operation uses a natural topographic
impoundment or structure on the effective date of
this Act, which is not hydrologically connected to
198
any other waters of the United States, as a waste
treatment system or wastewater retention facility,
such system or facility is exempt from this Act.
SEC. 402. PERMIT REFORM.
(a) DURATION AND REOPENERS.—Section 402(b)(1)
(33 U.S.C. 1342(b)(1)) is amended—
(1) in subparagraph (B) by striking ‘‘five’’ and
inserting ‘‘10’’ and by striking ‘‘and’’;
(2) by inserting ‘‘and’’ after the semicolon at
the end of subparagraph (D); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) can be modified as necessary to ad-
dress a significant threat to human health and
the environment;’’.
(b) REVIEW OF EFFLUENT LIMITATIONS.—Section
301(d) (33 U.S.C. 1311(d)) is amended to read as follows:
‘‘(d) REVIEW OF EFFLUENT LIMITATIONS.—Any ef-
fluent limitation required by subsection (b)(2) that is es-
tablished in a permit under section 402 shall be reviewed
at least every 10 years when the permit is reissued, and,
if appropriate, revised.’’.
(c) DISCHARGE LIMIT.—Section 402(a) (33 U.S.C.
1342(a)) is further amended by adding at the end the fol-
lowing:
199
‘‘(7) QUANTITATION LEVEL.—
‘‘(A) ESTABLISHMENT.—Not later than 1
year after the date of the enactment of this Act,
the Administrator shall establish quantitation
levels for pollutants based on the lowest level at
which a pollutant can be reliably quantified on
an interlaboratory basis for each test method
published under section 304(h).
‘‘(B) PERMIT LEVELS.—Whenever a limi-
tation for a permit issued under this section is
set at a level below the quantitation level estab-
lished for that pollutant under subparagraph
(A) for the test method specified in the permit,
any measurement of the pollutant greater than
the limitation but less than the quantitation
level shall not be considered a violation of the
permit. All measurements less than the quan-
titation level shall be deemed equal to zero for
purposes of determining compliance with the
limitation.’’.
(d) DISCHARGES UNDER PERMIT APPLICATIONS.—
Section 402(k) (33 U.S.C. 1342(k)) is amended—
(1) in the first sentence by striking ‘‘except’’
and inserting ‘‘except for’’;
(2) in the second sentence—
200
(A) by striking ‘‘Until December 31, 1974,
in’’ and inserting ‘‘In’’; and
(B) by striking ‘‘(1) section 301, 306, or
402 of this Act, or (2)’’ and inserting ‘‘section
402 of this Act or’’; and
(C) by inserting before the period at the
end the following: ‘‘, and provided further that
if the discharge results in a violation of effluent
limitations or standards promulgated under sec-
tion 301, 302, 303, 304, 306, or 307 of this
Act that would be applicable upon issuance of
a permit such discharge shall be considered un-
lawful under section 301 of this Act’’; and
(3) by striking the last sentence..
SEC. 403. REVIEW OF STATE PROGRAMS AND PERMITS.
(a) REVIEW OF STATE PROGRAMS.—Section 402(c)
(33 U.S.C. 1342(c)) is amended by inserting before the
first sentence the following: ‘‘Upon approval of a State
program under this section, the Administrator shall review
administration of the program by the State once every 3
years.’’.
(b) REVIEW OF STATE PERMITS.—Section 402(d)(2)
(33 U.S.C. 1342(d)(2)) is amended—
(1) in the first sentence by striking ‘‘as being
outside the guidelines and requirements of this Act’’