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‘‘(i) criteria for ephemeral and efflu-
ent-dependent streams; and
‘‘(ii) guidance to the States on devel-
opment and adoption of water quality
standards applicable to such streams.
‘‘(B) FACTORS.—The criteria and guid-
ance developed under subparagraph (A) shall
take into account the limited ability of ephem-
eral and effluent-dependent streams to support
aquatic life and certain designated uses, shall
include consideration of the role the discharge
may play in maintaining the flow or level of
such waters, and shall promote the beneficial
use of reclaimed water pursuant to section
101(a)(10).’’.
(c) FACTORS REQUIRED TO BE CONSIDERED BY AD-
MINISTRATOR.—Section 303(c)(4) is amended by adding
at the end the following: ‘‘In revising or adopting any new
standard for ephemeral or effluent-dependent streams
under this paragraph, the Administrator shall consider the
factors referred to in section 304(a)(9)(B).’’.
(d) DEFINITIONS.—Section 502 (33 U.S.C. 1362) is
amended by adding at the end the following:
‘‘(21) The term ‘effluent-dependent stream’ means a
stream or a segment thereof—
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‘‘(A) with respect to which the flow (based on
the annual average expected flow, determined by cal-
culating the average mode over a 10-year period) is
primarily attributable to the discharge of treated
wastewater;
‘‘(B) that, in the absence of a discharge of
treated wastewater and other primary anthropogenic
surface or subsurface flows, would be an ephemeral
stream; or
‘‘(C) that is an effluent-dependent stream under
applicable State water quality standards.
‘‘(22) The term ‘ephemeral stream’ means a stream
or segments thereof that flows periodically in response to
precipitation, snowmelt, or runoff.
‘‘(23) The term ‘constructed water conveyance’
means a manmade water transport system constructed for
the purpose of transporting water in a waterway that is
not and never was a natural perennial waterway.’’.
SEC. 306. TOTAL MAXIMUM DAILY LOADS.
Section 303(d)(1)(C) (33 U.S.C. 1313(d)(1)(C)) is
amended to read as follows:
‘‘(C) TOTAL MAXIMUM DAILY LOADS.—
‘‘(i) STATE DETERMINATION OF REA-
SONABLE PROGRESS.—Each State shall es-
tablish, to the extent and according to a
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schedule the State determines is necessary
to achieve reasonable progress toward the
attainment or maintenance of water qual-
ity standards, for the waters identified in
paragraph (1)(A) of this subsection, and in
accordance with the priority ranking, the
total maximum daily load, for those pollut-
ants which the Administrator identifies
under section 304(a)(2) as suitable for
such calculation.
‘‘(ii) PHASED TOTAL MAXIMUM DAILY
LOADS.—Total maximum daily loads may
reflect load reductions the State expects
will be realized over time resulting from
anticipated implementation of best man-
agement practices, storm water controls, or
other nonpoint or point source controls; so
long as by December 31, 2015, such loads
are established at levels necessary to imple-
ment the applicable water quality stand-
ards with seasonal variations and a margin
of safety.
‘‘(iii) CONSIDERATIONS.—In establish-
ing each load, the State shall consider the
availability of scientifically valid data and
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information, 
the 
projected 
reductions
achievable by control measures or practices
for all sources or categories of sources, and
the relative cost-effectiveness of implement-
ing such control measures or practices for
such sources.’’.
SEC. 307. REVISION OF CRITERIA, STANDARDS, AND LIMI-
TATIONS.
(a) REVISION OF WATER QUALITY CRITERIA.—
(1) FACTORS.—Section 304(a)(1) (33 U.S.C.
1314(a)(1)) is amended—
(A) by striking ‘‘and (C)’’ and inserting
‘‘(C)’’; and
(B) by striking the period at the end and
inserting the following: ‘‘(D) on the organisms
that are likely to be present in various
ecosystems; (E) on the bioavailability of pollut-
ants under various natural and man induced
conditions; (F) on the magnitude, duration, and
frequency of exposure reasonably required to in-
duce the adverse effects of concern; and (G) on
the bioaccumulation threat presented under var-
ious natural conditions.’’.
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(2) 
CERTIFICATION.—Section 
304(a) 
(33
U.S.C. 1314(a)) is amended by adding at the end
the following:
‘‘(10) CERTIFICATION.—
‘‘(A) IN GENERAL.—Not later than 5 years
after the date of the enactment of this para-
graph, and at least once every 5 years there-
after, the Administrator shall publish a written
certification that the criteria for water quality
developed under paragraph (1) reflect the latest
and best scientific knowledge.
‘‘(B) UPDATING OF EXISTING CRITERIA.—
Not later than 90 days after the date of the en-
actment of this paragraph, the Administrator
shall publish a schedule for updating, by not
later than 5 years after the date of the enact-
ment of this paragraph, the criteria for water
quality developed under paragraph (1) before
the date of the enactment of this subsection.
‘‘(C) DEADLINE
FOR
REVISION
OF
CER-
TAIN CRITERIA.—Not later than 1 year after
the date of the enactment of this paragraph,
the Administrator shall revise and publish cri-
teria under paragraph (1) for ammonia, chronic
whole effluent toxicity, and metals as necessary
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to allow the Administrator to make the certifi-
cation under subparagraph (A). In the case of
ammonia, the Administrator shall revise the cri-
teria only to the extent that the current criteria
are more stringent than necessary to achieve
the objectives of this Act. ’’.
(b) CONSIDERATION OF CERTAIN CONTAMINANTS.—
Section 304(a) (33 U.S.C. 1314(a)) is amended by adding
at the end the following:
‘‘(11) CONSIDERATION OF CERTAIN CONTAMI-
NANTS.—In developing and revising criteria for
water quality criteria under paragraph (1), the Ad-
ministrator shall consider addressing, at a minimum,
each contaminant regulated pursuant to section
1412 of the Public Health Service Act (42 U.S.C.
300g–1).’’.
(c) COST ESTIMATE.—Section 304(a) (33 U.S.C.
1314(a)) is further amended by adding at the end the fol-
lowing:
‘‘(12) COST ESTIMATE.—Whenever the Admin-
istrator issues or revises a criteria for water quality
under paragraph (1), the Administrator, after con-
sultation with Federal and State agencies and other
interested persons, shall develop and publish an esti-
mate of the costs that would likely be incurred if
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sources were required to comply with the criteria
and an analysis to support the estimate. Such analy-
sis shall meet the requirements relevant to the esti-
mation of costs published in guidance issued under
section 324(b).’’.
(d) REVISION OF EFFLUENT LIMITATIONS.—
(1) ELIMINATION OF REQUIREMENT FOR AN-
NUAL
REVISION.—Section 
304(b) 
(33 
U.S.C.
1314(b)) is amended in the matter preceding para-
graph (1) by striking ‘‘and, at least annually there-
after,’’ and inserting ‘‘and thereafter shall’’.
(2) SPECIAL RULE.—Section 304(b) (33 U.S.C.
1314(b)) is amended by striking the period at the
end of the first sentence and inserting the following:
‘‘; except that guidelines issued under paragraph
(1)(A) addressing pollutants identified pursuant to
subsection (a)(4) shall not be revised after February
15, 1995, to be more stringent unless such revised
guidelines meet the requirements of paragraph
(4)(A).’’.
(e) INDUSTRIAL
PUBLICLY
OWNED
TREATMENT
WORKS.—Section 304(d) (33 U.S.C. 1314(d)) is amended
by adding at the end the following:
‘‘(5) INDUSTRIAL
PUBLICLY
OWNED
TREAT-
MENT WORKS.—
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‘‘(A) GUIDELINES.—Not later than 18
months after the date of the enactment of this
paragraph, the Administrator, after consulta-
tion with appropriate Federal and State agen-
cies and other interested persons, shall publish
guidelines for effluent limitations under section
301 and sludge use and disposal requirements
under section 405 applicable to publicly owned
treatment works designed to treat a predomi-
nance of industrial wastewater. Such guidelines
shall take into account differences in constitu-
ents, treatability, available technology proce-
dures, and costs resulting from the fact that
the publicly owned treatment works treat
wastewater and manage sludge derived pre-
dominantly from industrial sources.
‘‘(B) PERMITS.—Following the issuance of
guidelines under this paragraph, permits under
section 402 for such publicly owned treatment
works shall be derived using the guidelines is-
sued under this paragraph in lieu of applying
the regulations otherwise applicable to publicly
owned treatment works promulgated under
paragraph (1) of this subsection and section
405(d).’’.
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(f) SCHEDULE FOR REVIEW OF GUIDELINES.—Sec-
tion 304(m)(1) (33 U.S.C. 1314(m)(1)) is amended to
read as follows:
‘‘(1) PUBLICATION.—Not later than 1 year
after the date of the enactment of the Clean Water
Amendments of 1995, the Administrator shall pub-
lish in the Federal Register a plan which shall—
‘‘(A) identify categories of sources dis-
charging pollutants for which guidelines under
subsection (b)(2) of this section and section 306
have not been previously published;
‘‘(B) establish a schedule for determining
whether such discharge presents a significant
risk to human health and the environment and
whether such risk is sufficient, when compared
to other sources of pollutants in navigable wa-
ters, to warrant regulation by the Adminis-
trator; and
‘‘(C) establish a schedule for issuance of
effluent guidelines for those categories identi-
fied pursuant to subparagraph (B).’’.
(g) 
REVISION
OF
PRETREATMENT
REQUIRE-
MENTS.—Section 304(g)(1) (33 U.S.C. 1314(g)(1)) is
amended by striking ‘‘and review at least annually there-
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after and, if appropriate, revise’’ and insert ‘‘and there-
after revise, as appropriate,’’.
(h) CENTRAL TREATMENT FACILITY EXEMPTION.—
Section 304 (33 U.S.C. 1314) is amended by adding at
the end the following:
‘‘(n) CENTRAL
TREATMENT
FACILITY
EXEMP-
TION.—The exemption from effluent guidelines for the
Iron and Steel Manufacturing Point Source Category set
forth in section 420.01(b) of title 40, Code of Federal Reg-
ulations, for the facilities listed in such section shall re-
main in effect for any facility that met the requirements
of such section on or before July 26, 1982, until the Ad-
ministrator develops alternative effluent guidelines for the
facility.’’.
SEC. 308. PERSONNEL AND REPORTING.
‘‘(a) Permitting Boards.—Section 304(i)(2)(D) (33
U.S.C. 1314(i)(2)(D)) is amended by striking ‘‘any per-
son’’ and all that follows through the period at the end
and inserting the following: ‘‘any person (other than a re-
tiree or an employee or official of a city, county, or local
governmental agency) who receives a significant portion
of his or her income during the period of service on the
board or body directly or indirectly from permit holders
or applicants for a permit).’’.
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(b) 
REPORTING.—Section 
305(b) 
(33 
U.S.C.
1315(b)) is amended—
(1) in paragraph (1) by striking the matter pre-
ceding subparagraph (A) and inserting ‘‘Not later
than 3 years after the date of the enactment of the
Clean Water Amendments of 1995, and every 5
years thereafter, each State shall prepare and sub-
mit to the Administrator a report which shall in-
clude—’’; and
(2) by adding at the end the following:
‘‘(c) CONSOLIDATION
OF
REPORTING
REQUIRE-
MENTS.—A State may consolidate any of the reporting re-
quirements of this Act that relate to ambient water quality
into the report required under this section.’’.
SEC. 309. SECONDARY TREATMENT.
(a) COASTAL
DISCHARGES.—Section 304(d) (33
U.S.C. 1314(d)) is amended by adding at the end the fol-
lowing:
‘‘(6) COASTAL DISCHARGES.—For purposes of
this subsection, any municipal wastewater treatment
facility shall be deemed the equivalent of a second-
ary treatment facility if each of the following re-
quirements is met:
‘‘(A) The facility employs chemically en-
hanced primary treatment.
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‘‘(B) The facility, on the date of the enact-
ment of this paragraph, discharges through an
ocean outfall into an open marine environment
greater than 4 miles offshore into a depth
greater than 300 feet.
‘‘(C) The facility’s discharge is in compli-
ance with all local and State water quality
standards for the receiving waters.
‘‘(D) The facility’s discharge will be sub-
ject to an ocean monitoring program acceptable
to relevant Federal and State regulatory agen-
cies.’’.
(b) MODIFICATION OF SECONDARY TREATMENT RE-
QUIREMENTS.—
(1) IN
GENERAL.—Section 301 (33 U.S.C.
1311) is amended by adding at the end the follow-
ing:
‘‘(s) MODIFICATION OF SECONDARY TREATMENT RE-
QUIREMENTS.—
‘‘(1) IN
GENERAL.—The Administrator, with
the concurrence of the State, shall issue a 10-year
permit under section 402 which modifies the require-
ments of subsection (b)(1)(B) of this section with re-
spect to the discharge of any pollutant from a pub-
licly owned treatment works into marine waters
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which are at least 150 feet deep through an ocean
outfall which discharges at least 1 mile offshore, if
the applicant demonstrates that—
‘‘(A) there is an applicable ocean plan and
the facility’s discharge is in compliance with all
local and State water quality standards for the
receiving waters;
‘‘(B) the facility’s discharge will be subject
to an ocean monitoring program determined to
be acceptable by relevant Federal and State
regulatory agencies;
‘‘(C) the applicant has an Agency approved
pretreatment plan in place; and
‘‘(D) the applicant, at the time such modi-
fication becomes effective, will be discharging
effluent which has received at least chemically
enhanced primary treatment and achieves a
monthly average of 75 percent removal of sus-
pended solids.
‘‘(2) DISCHARGE OF ANY POLLUTANT INTO MA-
RINE WATERS DEFINED.—For purposes of this sub-
section, the term ‘discharge of any pollutant into
marine waters’ means a discharge into deep waters
of the territorial sea or the waters of the contiguous