IB 
Union Calendar No. 449 
113TH CONGRESS 
2D SESSION 
H. R. 5077 
[Report No. 113–604] 
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 
SEPTEMBER 18, 2014 
Additional sponsors: Mr. MCKINLEY, Mr. BARR, Mr. GUTHRIE, Mr. MURPHY 
of Pennsylvania, Mr. BUCSHON, Mr. ROGERS of Kentucky, Mr. ROKITA, 
Mr. WHITFIELD, and Mr. ROTHFUS 
SEPTEMBER 18, 2014 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on July 11, 2014] 
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A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide guidance and clarification regarding issuing new 
and renewal permits, and for other purposes. 
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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 ‘‘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 ‘guid-
ance’ means draft, interim, or final guid-
ance issued by the Administrator. 
‘‘(ii) INCLUSIONS.—The term ‘guid-
ance’ includes— 
‘‘(I) the interim guidance memo-
randum issued by the Administrator 
on April 1, 2010, entitled ‘Detailed 
Guidance: Improving EPA Review of 
Appalachian Surface Coal Mining Op-
erations under the Clean Water Act, 
National Environmental Policy Act, 
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and the Environmental Justice Execu-
tive Order’; 
‘‘(II) the proposed guidance de-
scribed 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 memo-
randum issued by the Administrator 
on July 21, 2011, entitled ‘Improving 
EPA Review of Appalachian Surface 
Coal Mining Operations Under the 
Clean Water Act, National Environ-
mental Policy Act, and the Environ-
mental Justice Executive Order’; 
‘‘(IV) the proposed guidance sub-
mitted to the Office of Information and 
Regulatory Affairs of the Office of 
Management and Budget for regu-
latory review under Executive Order 
12866 entitled ‘Guidance on Identi-
fying Waters Protected By the Clean 
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Water Act’ and dated February 17, 
2012 (referred to as ‘Clean Water Pro-
tection Guidance’, Regulatory Identi-
fier Number (RIN) 2040–ZA11, re-
ceived 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 Ad-
ministrator through any process other 
than the notice and comment rule-
making 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 en-
actment of this subsection; or 
‘‘(II) filed on or after the date of 
enactment of this subsection. 
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‘‘(C) PERMITTING
AUTHORITY.—The term 
‘permitting authority’ means— 
‘‘(i) the Administrator; or 
‘‘(ii) a State, acting pursuant to a per-
mit program under subsection (b). 
‘‘(2) PERMITS.— 
‘‘(A) IN
GENERAL.—Notwithstanding any 
other provision of law, in making a determina-
tion whether to approve a new permit or a re-
newed permit, the permitting authority— 
‘‘(i) shall base the determination only 
on compliance with regulations issued by 
the Administrator or the permitting author-
ity; 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 au-
thority 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 com-
plete application for the new permit, the appli-
cant may discharge as if the application were 
approved in accordance with Federal law for the 
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period of time for which a similar permit would 
be approved. 
‘‘(C) SUBSTANTIAL COMPLETENESS.—In de-
termining whether an application for a new per-
mit or a renewed permit received under this 
paragraph is substantially complete, the permit-
ting authority shall use standards for deter-
mining substantial completeness of similar per-
mits 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 pro-
mulgation of the guidelines required by section 
304(i)(2), the Governor of each State desiring to ad-
minister a permit program for discharges into navi-
gable 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 ad-
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minister 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 de-
scribed program. 
‘‘(2) APPROVAL.—The Administrator shall ap-
prove each program for which a description is sub-
mitted 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 sec-
tions 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; 
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‘‘(II) obtaining a permit by mis-
representation 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 en-
sure compliance with, all applicable require-
ments 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 re-
ceives 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 
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be affected by the issuance of a permit may sub-
mit written recommendations to the permitting 
State and the Administrator with respect to any 
permit application and, if any part of the writ-
ten 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 con-
sultation 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 dis-
charge from a publicly owned treatment works 
includes conditions to require the identification 
in terms of character and volume of pollutants of 
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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 ade-
quate notice, which shall include information on 
the quality and quantity of effluent to be intro-
duced into the treatment works and any antici-
pated impact of the change in the quantity or 
quality of effluent to be discharged from the pub-
licly owned treatment works, to the permitting 
agency of— 
‘‘(i) new introductions into the treat-
ment 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 intro-
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ducing 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. 
‘‘(3) ADMINISTRATION.—Notwithstanding para-
graph (2), the Administrator may not disapprove or 
withdraw approval of a program under this sub-
section, or limit Federal financial assistance for such 
program, on the basis of the following: 
‘‘(A) The failure of the program to incor-
porate or comply with guidance (as defined in 
subsection (s)(1)). 
‘‘(B) The implementation of a water quality 
standard that has been adopted by the State and 
approved by the Administrator under section 
303(c).’’. 
(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 strik-
ing 
‘‘402(b)(8)’’ 
and 
inserting 
‘‘402(b)(2)(H)’’; and 
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(II) in paragraph (2)(A), by 
striking ‘‘402(b)(8)’’ and inserting 
‘‘402(b)(2)(H)’’; and 
(ii) in subsection (d), in the first sen-
tence, 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)’’. 
(c) SUSPENSION
OF FEDERAL PROGRAM.—Section 
402(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(c)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) LIMITATION
ON
DISAPPROVAL.—Notwith-
standing paragraphs (1) through (3), the Adminis-
trator may not disapprove or withdraw approval of 
a State program under subsection (b), or limit Fed-
eral financial assistance for the State program, on the 
basis of the following: 
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‘‘(A) The failure of the program to incor-
porate or comply with guidance (as defined in 
subsection (s)(1)). 
‘‘(B) The implementation of a water quality 
standard that has been adopted by the State and 
approved by the Administrator under section 
303(c).’’. 
(d) 
NOTIFICATION
OF
ADMINISTRATOR.—Section 
402(d)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(d)(2)) is amended as follows: 
(1) By striking ‘‘(2) No’’ and all that follows 
through the end of the first sentence and inserting the 
following: 
‘‘(2) OBJECTION BY ADMINISTRATOR.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), no permit shall issue if— 
‘‘(i) not later than 90 days after the 
date on which the Administrator receives 
notification under subsection (b)(2)(E), the 
Administrator objects in writing to the 
issuance of the permit; or 
‘‘(ii) not later than 90 days after the 
date on which the proposed permit of the 
State is transmitted to the Administrator, 
the Administrator objects in writing to the 
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issuance of the permit as being outside the 
requirements of this Act.’’. 
(2) In the second sentence, by striking ‘‘Whenever 
the Administrator’’ and inserting the following: 
‘‘(B) REQUIREMENTS.—If the Adminis-
trator’’. 
(3) By adding at the end the following: 
‘‘(C) EXCEPTION.—The Administrator may 
not object to or deny the issuance of a permit by 
a State under subsection (b) or (s) based on the 
following: 
‘‘(i) Guidance, as that term is defined 
in subsection (s)(1). 
‘‘(ii) The Administrator’s interpreta-
tion of a water quality standard that has 
been adopted by the State and approved by 
the Administrator under section 303(c).’’. 
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 
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(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 assess-
ment 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 environ-
mental review process begins not later 
than 90 days after the date on which 
the Secretary receives a permit appli-
cation; and 
‘‘(II) approve or deny an applica-
tion 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 sig-
nificant impact, the date on 
which the finding of no signifi-
cant impact is issued; or 
‘‘(bb) if an agency carries 
out an environmental assessment 
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that leads to a record of decision, 
15 days after the date on which 
the record of decision on the envi-
ronmental impact statement is 
issued. 
‘‘(ii) 
PROCESSES.—Notwithstanding 
clause (i), regardless of whether the Sec-
retary has commenced an environmental as-
sessment 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 Envi-
ronmental 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 re-
view process under clause (i)(I). 
‘‘(II) An environmental impact 
statement carried out under the Na-
tional 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 envi-
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