II 
Calendar No. 103 
112TH CONGRESS 
1ST SESSION H. R. 2018 
IN THE SENATE OF THE UNITED STATES 
JULY 14, 2011 
Received; read the first time 
JULY 18, 2011 
Read the second time and placed on the calendar 
AN ACT 
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, 
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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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‘‘(5) The Administrator may not object under para-
graph (2) to the issuance of a permit by a State on the 
basis of— 
‘‘(A) the Administrator’s interpretation of a 
water quality standard that has been adopted by the 
State and approved by the Administrator under sec-
tion 303(c); or 
‘‘(B) the implementation of any Federal guid-
ance that directs the interpretation of the State’s 
water quality standards.’’. 
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. 
(a) AUTHORITY OF EPA ADMINISTRATOR.—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 origi-
nate does not concur with the Administrator’s determina-
tion that the discharge will result in an unacceptable ad-
verse effect as described in paragraph (1).’’. 
(b) STATE PERMIT PROGRAMS.—The first sentence 
of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) 
is amended by striking ‘‘The Governor of any State desir-
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that are pending or revised or new standards that are 
being promulgated as of such date of enactment. 
SEC. 6. REPORTING ON HARMFUL POLLUTANTS. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Administrator of 
the Environmental Protection Agency shall submit to Con-
gress a report on any increase or reduction in waterborne 
pathogenic microorganisms (including protozoa, viruses, 
bacteria, and parasites), toxic chemicals, or toxic metals 
(such as lead and mercury) in waters regulated by a State 
under the provisions of this Act, including the amend-
ments made by this Act. 
SEC. 7. PIPELINES CROSSING STREAMBEDS. 
None of the provisions of this Act, including the 
amendments made by this Act, shall be construed to limit 
the authority of the Administrator of the Environmental 
Protection Agency, as in effect on the day before the date 
of enactment of this Act, to regulate a pipeline that 
crosses a streambed. 
SEC. 8. IMPACTS OF EPA REGULATORY ACTIVITY ON EM-
PLOYMENT AND ECONOMIC ACTIVITY. 
(a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY-
MENT AND ECONOMIC ACTIVITY.— 
(1) ANALYSIS.—Before taking a covered action, 
the 
Administrator 
shall 
analyze 
the 
impact, 
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disaggregated by State, of the covered action on em-
ployment levels and economic activity, including esti-
mated job losses and decreased economic activity. 
(2) ECONOMIC MODELS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall utilize the 
best available economic models. 
(B) ANNUAL
GAO
REPORT.—Not later 
than December 31st of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
els used by the Administrator to carry out this 
subsection. 
(3) AVAILABILITY OF INFORMATION.—With re-
spect to any covered action, the Administrator 
shall— 
(A) post the analysis under paragraph (1) 
as a link on the main page of the public Inter-
net 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.— 
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(1) IN
GENERAL.—If the Administrator con-
cludes 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 each 
such State at least 30 days prior to the effective 
date of the covered action. 
(2) TIME, LOCATION, AND SELECTION.—A pub-
lic 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 loca-
tions 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 any State, the Administrator 
shall give notice of such impact to the State’s Congres-
sional delegation, Governor, and Legislature at least 45 
days before the effective date of the covered action. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED ACTION.—The term ‘‘covered ac-
tion’’ means any of the following actions taken by 
the Administrator under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1201 et seq.): 
(A) Issuing a regulation, policy statement, 
guidance, response to a petition, or other re-
quirement. 
(B) Implementing a new or substantially 
altered program. 
(3) MORE THAN A DE MINIMIS NEGATIVE IM-
PACT.—The term ‘‘more than a de minimis negative 
impact’’ means 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 govern-
ment 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 offset-
ting economic activity that results from the hy-
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pothetical creation of new economic activity 
through new technologies or government em-
ployment may not be used in the economic ac-
tivity calculation. 
Passed the House of Representatives July 13, 2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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