IIA
104TH CONGRESS
1ST SESSION
H. R. 961
IN THE SENATE OF THE UNITED STATES
MAY 18 (legislative day, MAY 15), 1995
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To amend the Federal Water Pollution Control Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Clean Water Amendments of 1995’’.
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(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.
TITLE I—RESEARCH AND RELATED PROGRAMS
Sec. 101. National goals and policies.
Sec. 102. Research, investigations, training, and information.
Sec. 103. State management assistance.
Sec. 104. Mine water pollution control.
Sec. 105. Water sanitation in rural and Native Alaska villages.
Sec. 106. Authorization of appropriations for Chesapeake program.
Sec. 107. Great Lakes management.
TITLE II—CONSTRUCTION GRANTS
Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Treatment works defined.
Sec. 205. Value engineering review.
Sec. 206. Grants for wastewater treatment.
TITLE III—STANDARDS AND ENFORCEMENT
Sec. 301. Effluent limitations.
Sec. 302. Pollution prevention opportunities.
Sec. 303. Water quality standards and implementation plans.
Sec. 304. Use of biological monitoring.
Sec. 305. Arid areas.
Sec. 306. Total maximum daily loads.
Sec. 307. Revision of criteria, standards, and limitations.
Sec. 308. Personnel and reporting.
Sec. 309. Secondary treatment.
Sec. 310. Toxic pollutants.
Sec. 311. Local pretreatment authority.
Sec. 312. Compliance with management practices.
Sec. 313. Federal enforcement.
Sec. 314. Response plans for discharges of oil or hazardous substances.
Sec. 315. Marine sanitation devices.
Sec. 316. Federal facilities.
Sec. 317. Clean lakes.
Sec. 318. Cooling water intake structures.
Sec. 319. Nonpoint source management programs.
Sec. 320. National estuary program.
Sec. 321. State watershed management programs.
Sec. 322. Stormwater management programs.
Sec. 323. Risk assessment and disclosure requirements.
Sec. 324. Benefit and cost criterion.
TITLE IV—PERMITS AND LICENSES
Sec. 401. Waste treatment systems for concentrated animal feeding operations.
Sec. 402. Permit reform.
Sec. 403. Review of State programs and permits.
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Sec. 404. Statistical noncompliance.
Sec. 405. Anti-backsliding requirements.
Sec. 406. Intake credits.
Sec. 407. Combined sewer overflows.
Sec. 408. Sanitary sewer overflows.
Sec. 409. Abandoned mines.
Sec. 410. Beneficial use of biosolids.
Sec. 411. Waste treatment systems defined.
Sec. 412. Thermal discharges.
TITLE V—GENERAL PROVISIONS
Sec. 501. Consultation with States.
Sec. 502. Navigable waters defined.
Sec. 503. CAFO definition clarification.
Sec. 504. Publicly owned treatment works defined.
Sec. 505. State water quantity rights.
Sec. 506. Implementation of water pollution laws with respect to nonpetroleum
oil products and oil substitutes.
Sec. 507. Dispute resolution.
Sec. 508. Needs estimate.
Sec. 509. Program authorizations.
Sec. 510. Indian tribes.
Sec. 511. Food processing and food safety.
Sec. 512. Audit dispute resolution.
Sec. 513. American-made equipment and products.
TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING
FUNDS
Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.
TITLE VIII—WETLANDS CONSERVATION AND MANAGEMENT
Sec. 801. Short title.
Sec. 802. Findings and statement of purpose.
Sec. 803. Wetlands conservation and management.
Sec. 804. Definitions.
Sec. 805. Technical and conforming amendments.
Sec. 806. Effective date.
TITLE IX—NAVIGATIONAL DREDGING
Sec. 901. References to Act.
Sec. 902. Environmental Protection Agency permits.
Sec. 903. Corps of Engineers permits.
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(1) by striking ‘‘and’’ at the end of paragraph
(5);
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) in cooperation with appropriate Federal,
State, and local agencies, conduct, promote, and en-
courage to the maximum extent feasible, in water-
sheds that may be significantly affected by nonpoint
sources of pollution, monitoring and measurement of
water quality by means and methods that will help
to identify the relative contributions of particular
nonpoint sources.’’.
(b) BASIC RESEARCH AND GRANTS TO LOCAL GOV-
ERNMENTS.—Section 104(b)(3) (33 U.S.C. 1254(B)(3))
is amended to read as follows:
‘‘(3) in cooperation with Federal, State and
local agencies and public or private institutions, or-
ganizations, or individuals, conduct and promote a
comprehensive program of basic research, experi-
ments, and studies relating to causes, sources, ef-
fects, extent, prevention, and detection of water pol-
lution and make grants to State water pollution con-
trol agencies, interstate agencies, local governments,
other public or nonprofit private agencies, institu-
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tions, organizations, and individuals for such pur-
poses;’’.
(c) TECHNICAL ASSISTANCE FOR RURAL AND SMALL
TREATMENT
WORKS.—Section 
104(b) 
(33 
U.S.C.
1254(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and
(3) by adding at the end the following new
paragraphs:
‘‘(8) make grants to States, local governments,
and nonprofit organizations to provide technical as-
sistance and training to rural and small publicly
owned treatment works (including treatment works
that utilize an alternative wastewater treatment sys-
tem) to enable such treatment works to achieve and
maintain compliance with the requirements of this
Act; and
‘‘(9) disseminate information to rural, small,
and disadvantaged communities with respect to the
planning, design, construction, and operation of
treatment works.’’.
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(d) WASTEWATER TREATMENT
IN IMPOVERISHED
COMMUNITIES.—Section 104(q) (33 U.S.C. 1254(q)) is
amended by adding at the end the following:
‘‘(5) SMALL IMPOVERISHED COMMUNITIES.—
‘‘(A) GRANTS.—The Administrator may
make grants to States to provide assistance for
planning, design, and construction of publicly
owned 
treatment 
works 
and 
alternative
wastewater 
treatment 
systems 
to 
provide
wastewater services to rural communities of
3,000 or less that are not currently served by
any sewage collection or wastewater treatment
system and are severely economically disadvan-
taged, as determined by the Administrator.
‘‘(B) AUTHORIZATION.—There is author-
ized to be appropriated to carry out this para-
graph $50,000,000 per fiscal year for fiscal
years 1996 through 2000.’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section
104(u) (33 U.S.C. 1254(u)) is amended—
(1) by striking ‘‘and’’ before ‘‘(6)’’; and
(2) by inserting before the period at the end the
following: ‘‘; (7) not to exceed $21,243,100 per fiscal
year for each of fiscal years 1996 through 2000 for
carrying out the provisions of subsection (b)(3); and
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(8) not to exceed $10,000,000 per fiscal year for
each of fiscal years 1996 through 2000 for carrying
out the provisions of subsections (b)(8) and (b)(9)’’.
SEC. 103. STATE MANAGEMENT ASSISTANCE.
Section 106(a) (33 U.S.C. 1256(a)) is amended—
(1) by striking ‘‘and’’ before ‘‘$75,000,000’’;
(2) by inserting after ‘‘1990’’ the following: ‘‘,
such sums as may be necessary for each of fiscal
years 1991 through 1995, and $150,000,000 per fis-
cal year for each of fiscal years 1996 through
2000’’; and
(3) by adding at the end the following: ‘‘States
or interstate agencies receiving grants under this
section may use such funds to finance, with other
States or interstate agencies, studies and projects on
interstate issues relating to such programs.’’.
SEC. 104. MINE WATER POLLUTION CONTROL.
Section 107 (33 U.S.C. 1257) is amended to read as
follows:
‘‘SEC. 107. MINE WATER POLLUTION CONTROL.
‘‘(a) ACIDIC AND OTHER TOXIC MINE DRAINAGE.—
The Administrator shall establish a program to dem-
onstrate the efficacy of measures for abatement of the
causes and treatment of the effects of acidic and other
toxic mine drainage within qualified hydrologic units af-
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fected by past coal mining practices for the purpose of
restoring the biological integrity of waters within such
units.
‘‘(b) GRANTS.—
‘‘(1) IN GENERAL.—Any State or Indian tribe
may apply to the Administrator for a grant for any
project which provides for abatement of the causes
or treatment of the effects of acidic or other toxic
mine drainage within a qualified hydrologic unit af-
fected by past coal mining practices.
‘‘(2) APPLICATION REQUIREMENTS.—An appli-
cation submitted to the Administrator under this
section shall include each of the following:
‘‘(A) An identification of the qualified hy-
drologic unit.
‘‘(B) A description of the extent to which
acidic or other toxic mine drainage is affecting
the water quality and biological resources with-
in the hydrologic unit.
‘‘(C) An identification of the sources of
acidic or other toxic mine drainage within the
hydrologic unit.
‘‘(D) An identification of the project and
the measures proposed to be undertaken to
abate the causes or treat the effects of acidic or
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other toxic mine drainage within the hydrologic
unit.
‘‘(E) The cost of undertaking the proposed
abatement or treatment measures.
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share of the
cost of a project receiving grant assistance under
this section shall be 50 percent.
‘‘(2) LANDS, EASEMENTS, AND
RIGHTS-OF-
WAY.—Contributions of lands, easements, and
rights-of-way shall be credited toward the non-Fed-
eral share of the cost of a project under this section
but not in an amount exceeding 25 percent of the
total project cost.
‘‘(3) OPERATION
AND
MAINTENANCE.—The
non-Federal interest shall bear 100 percent of the
cost of operation and maintenance of a project under
this section.
‘‘(d) PROHIBITED PROJECTS.—No acidic or other
toxic mine drainage abatement or treatment project may
receive assistance under this section if the project would
adversely affect the free-flowing characteristics of any
river segment within a qualified hydrologic unit.
‘‘(e) APPLICATIONS FROM FEDERAL ENTITIES.—
Any Federal entity may apply to the Administrator for
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a grant under this section for the purposes of an acidic
or toxic mine drainage abatement or treatment project
within a qualified hydrologic unit located on lands and wa-
ters under the administrative jurisdiction of such entity.
‘‘(f) APPROVAL.—The Administrator shall approve
an application submitted pursuant to subsection (b) or (e)
after determining that the application meets the require-
ments of this section.
‘‘(g) QUALIFIED HYDROLOGIC UNIT DEFINED.—For
purposes of this section, the term ‘qualified hydrologic
unit’ means a hydrologic unit—
‘‘(1) in which the water quality has been signifi-
cantly affected by acidic or other toxic mine drain-
age from past coal mining practices in a manner
which adversely impacts biological resources; and
‘‘(2) which contains lands and waters eligible
for assistance under title IV of the Surface Mining
and Reclamation Act of 1977.’’.
SEC. 105. WATER SANITATION IN RURAL AND NATIVE
ALASKA VILLAGES.
(a) IN GENERAL.—Section 113 (33 U.S.C. 1263) is
amended by striking the section heading and designation
and subsections (a) through (f) and inserting the follow-
ing:
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‘‘SEC. 113. ALASKA VILLAGE PROJECTS AND PROGRAMS.
‘‘(a) GRANTS.—The Administrator is authorized to
make grants—
‘‘(1) for the development and construction of
facilities which provide sanitation services for rural
and Native Alaska villages;
‘‘(2) for training, technical assistance, and edu-
cational programs relating to operation and mainte-
nance for sanitation services in rural and Native
Alaska villages; and
‘‘(3) for reasonable costs of administering and
managing grants made and programs and projects
carried out under this section; except that not to ex-
ceed 4 percent of the amount of any grant made
under this section may be made for such costs.
‘‘(b) FEDERAL SHARE.—A grant under this section
shall be 50 percent of the cost of the program or project
being carried out with such grant.
‘‘(c) SPECIAL RULE.—The Administrator shall award
grants under this section for project construction following
the rules specified in subpart H of part 1942 of title 7
of the Code of Federal Regulations.
‘‘(d) GRANTS
TO STATE
FOR BENEFIT
OF VIL-
LAGES.—Grants under this section may be made to the
State for the benefit of rural Alaska villages and Alaska
Native villages.
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‘‘(e) COORDINATION.—In carrying out activities
under this subsection, the Administrator is directed to co-
ordinate efforts between the State of Alaska, the Secretary
of Housing and Urban Development, the Secretary of
Health and Human Services, the Secretary of the Interior,
the Secretary of Agriculture, and the recipients of grants.
‘‘(f) FUNDING.—There is authorized to be appro-
priated $25,000,000 for fiscal years beginning after Sep-
tember 30, 1995, to carry out this section.’’.
(b) CONFORMING AMENDMENT.—Section 113(g) is
amended by inserting after ‘‘(g)’’ the following: ‘‘DEFINI-
TIONS.—’’.
SEC. 
106. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR
CHESAPEAKE PROGRAM.
Section 117(d) (33 U.S.C. 1267(d)) is amended—
(1) in paragraph (1), by inserting ‘‘such sums
as may be necessary for fiscal years 1991 through
1995, and $3,000,000 per fiscal year for each of fis-
cal years 1996 through 2000’’ after ‘‘1990,’’; and
(2) in paragraph (2), by inserting ‘‘such sums
as may be necessary for fiscal years 1991 through
1995, and $18,000,000 per fiscal year for each of
fiscal years 1996 through 2000’’ after ‘‘1990,’’.
SEC. 107. GREAT LAKES MANAGEMENT.
(a) GREAT LAKES RESEARCH COUNCIL.—
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(1) IN
GENERAL.—Section 118 (33 U.S.C.
1268) is amended—
(A) in subsection (a)(3)—
(i) by striking subparagraph (E) and
inserting the following:
‘‘(E) ‘Council’ means the Great Lakes Re-
search 
Council 
established 
by 
subsection
(d)(1);’’;
(ii) by striking ‘‘and’’ at the end of
subparagraph (I);
(iii) by striking the period at the end
of subparagraph (J) and inserting ‘‘; and’’;
and
(iv) by adding at the end the follow-
ing:
‘‘(K) ‘Great Lakes research’ means the ap-
plication of scientific or engineering expertise to
explain, understand, and predict a physical,
chemical, biological, or socioeconomic process,
or the interaction of 1 or more of the processes,
in the Great Lakes ecosystem.’’;
(B) by striking subsection (d) and insert-
ing the following:
‘‘(d) GREAT LAKES RESEARCH COUNCIL.—
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‘‘(1) ESTABLISHMENT OF COUNCIL.—There is
established a Great Lakes Research Council.
‘‘(2) DUTIES OF COUNCIL.—The Council—
‘‘(A) shall advise and promote the coordi-
nation of Federal Great Lakes research activi-
ties to avoid unnecessary duplication and en-
sure greater effectiveness in achieving protec-
tion of the Great Lakes ecosystem through the
goals of the Great Lakes Water Quality Agree-
ment;
‘‘(B) not later than 1 year after the date
of the enactment of this subparagraph and bi-
ennially thereafter and after providing oppor-
tunity for public review and comment, shall pre-
pare and provide to interested parties a docu-
ment that includes—
‘‘(i) an assessment of the Great Lakes
research activities needed to fulfill the
goals of the Great Lakes Water Quality
Agreement;
‘‘(ii) an assessment of Federal exper-
tise and capabilities in the activities needed
to fulfill the goals of the Great Lakes
Water Quality Agreement, including an in-
ventory of Federal Great Lakes research
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programs, projects, facilities, and person-
nel; and
‘‘(iii) recommendations for long-term
and short-term priorities for Federal Great
Lakes research, based on a comparison of
the assessments conducted under clauses
(i) and (ii);
‘‘(C) shall identify topics for and partici-
pate in meetings, workshops, symposia, and
conferences on Great Lakes research issues;
‘‘(D) shall make recommendations for the
uniform collection of data for enhancing Great
Lakes research and management protocols re-
lating to the Great Lakes ecosystem;
‘‘(E) shall advise and cooperate in—
‘‘(i) improving the compatible integra-
tion of multimedia data concerning the
Great Lakes ecosystem; and
‘‘(ii) any effort to establish a com-
prehensive multimedia data base for the
Great Lakes ecosystem; and
‘‘(F) shall ensure that the results, findings,
and information regarding Great Lakes re-
search programs conducted or sponsored by the
Federal Government are disseminated in a
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timely manner, and in useful forms, to inter-
ested persons, using to the maximum extent
practicable mechanisms in existence on the date
of the dissemination, such as the Great Lakes
Research Inventory prepared by the Inter-
national Joint Commission.
‘‘(3) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Council shall con-
sist of 1 research manager with extensive
knowledge of, and scientific expertise and expe-
rience in, the Great Lakes ecosystem from each
of the following agencies and instrumentalities:
‘‘(i) The Agency.
‘‘(ii) The National Oceanic and At-
mospheric Administration.
‘‘(iii) The National Biological Service.
‘‘(iv) The United States Fish and
Wildlife Service.
‘‘(v) Any other Federal agency or in-
strumentality that expends $1,000,000 or
more for a fiscal year on Great Lakes re-
search.
‘‘(vi) Any other Federal agency or in-
strumentality that a majority of the Coun-
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cil membership determines should be rep-
resented on the Council.
‘‘(B) NONVOTING MEMBERS.—At the re-
quest of a majority of the Council membership,
any person who is a representative of a Federal
agency or instrumentality not described in sub-
paragraph (A) or any person who is not a Fed-
eral employee may serve as a nonvoting member
of the Council.
‘‘(4) CHAIRPERSON.—The chairperson of the
Council shall be a member of the Council from an
agency specified in clause (i), (ii), or (iii) of para-
graph (3)(A) who is elected by a majority vote of the
members of the Council. The chairperson shall serve
as chairperson for a period of 2 years. A member of
the Council may not serve as chairperson for more
than 2 consecutive terms.
‘‘(5) EXPENSES.—While performing official du-
ties as a member of the Council, a member shall be
allowed travel or transportation expenses under sec-
tion 5703 of title 5, United States Code.
‘‘(6) INTERAGENCY COOPERATION.—The head
of each Federal agency or instrumentality that is
represented on the Council—
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‘‘(A) shall cooperate with the Council in
implementing the recommendations developed
under paragraph (2);
‘‘(B) on written request of the chairperson
of the Council, may make available, on a reim-
bursable basis or otherwise, such personnel,
services, or facilities as may be necessary to as-
sist the Council in carrying out the duties of
the Council under this section; and
‘‘(C) on written request of the chairperson,
shall furnish data or information necessary to
carry out the duties of the Council under this
section.
‘‘(7) 
INTERNATIONAL
COOPERATION.—The
Council shall cooperate, to the maximum extent
practicable, with the research coordination efforts of
the Council of Great Lakes Research Managers of
the International Joint Commission.
‘‘(8) REIMBURSEMENT FOR REQUESTED ACTIVI-
TIES.—Each Federal agency or instrumentality rep-
resented on the Council may reimburse another Fed-
eral agency or instrumentality or a non-Federal en-
tity for costs associated with activities authorized
under this subsection that are carried out by the
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other agency, instrumentality, or entity at the re-
quest of the Council.
‘‘(9) FEDERAL
ADVISORY
COMMITTEE
ACT.—
The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Council.
‘‘(10) EFFECT
ON
OTHER
LAW.—Nothing in
this subsection affects the authority of any Federal
agency or instrumentality, under any law, to under-
take Great Lakes research activities.’’;
(C) in subsection (e)—
(i) in paragraph (1) by striking ‘‘the
Program Office and the Research Office
shall prepare a joint research plan’’ and in-
serting ‘‘the Program Office, in consulta-
tion with the Council, shall prepare a re-
search plan’’; and
(ii) in paragraph (3)(A) by striking
‘‘the Research Office, the Agency for Toxic
Substances and Disease Registry, and
Great Lakes States’’ and inserting ‘‘the
Council, the Agency for Toxic Substances
and Disease Registry, and Great Lakes
States,’’; and
(D) in subsection (h)—
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(i) by adding ‘‘and’’ at the end of
paragraph (1);
(ii) by striking ‘‘; and’’ at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3).
(2) CONFORMING AMENDMENT.—The second
sentence of section 403(a) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C.
1447b(a)) is amended by striking ‘‘Great Lakes Re-
search Office authorized under’’ and inserting
‘‘Great Lakes Research Council established by’’.
(b) CONSISTENCY OF PROGRAMS WITH FEDERAL
GUIDANCE.—Section 
118(c)(2)(C) 
(33 
U.S.C.
1268(c)(2)(C)) is amended by adding at the end the fol-
lowing: ‘‘For purposes of this section, a State’s standards,
policies, and procedures shall be considered consistent
with such guidance if the standards, policies, and proce-
dures are based on scientifically defensible judgments and
policy choices made by the State after consideration of the
guidance and provide an overall level of protection com-
parable to that provided by the guidance, taking into ac-
count the specific circumstances of the State’s waters.’’.
(c) REAUTHORIZATION OF ASSESSMENT AND REME-
DIATION
OF CONTAMINATED SEDIMENTS PROGRAM.—
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Section 118(c)(7) is amended by adding at the end the
following:
‘‘(D) REAUTHORIZATION OF ASSESSMENT
AND
REMEDIATION
OF
CONTAMINATED
SEDI-
MENTS PROGRAM.—
‘‘(i) IN
GENERAL.—The Adminis-
trator, acting through the Program Office,
in consultation and cooperation with the
Assistant Secretary of the Army having re-
sponsibility for civil works, shall conduct at
least 3 pilot projects involving promising
technologies and practices to remedy con-
taminated sediments (including at least 1
full-scale demonstration of a remediation
technology) at sites in the Great Lakes
System, as the Administrator determines
appropriate.
‘‘(ii) SELECTION OF SITES.—In select-
ing sites for the pilot projects, the Admin-
istrator shall give priority consideration
to—
‘‘(I) the Ashtabula River in Ohio;
‘‘(II) the Buffalo River in New
York;
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‘‘(III) Duluth and Superior Har-
bor in Minnesota;
‘‘(IV) the Fox River in Wiscon-
sin;
‘‘(V) the Grand Calumet River in
Indiana; and
‘‘(VI) Saginaw Bay in Michigan.
‘‘(iii) DEADLINES.—In carrying out
this 
subparagraph, 
the 
Administrator
shall—
‘‘(I) not later than 18 months
after the date of the enactment of this
subparagraph, identify at least 3 sites
and the technologies and practices to
be demonstrated at the sites (includ-
ing at least 1 full-scale demonstration
of a remediation technology); and
‘‘(II) not later than 5 years after
such date of enactment, complete at
least 3 pilot projects (including at
least 1 full-scale demonstration of a
remediation technology).
‘‘(iv) ADDITIONAL
PROJECTS.—The
Administrator, acting through the Pro-
gram Office, in consultation and coopera-
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tion with the Assistant Secretary of the
Army having responsibility for civil works,
may conduct additional pilot- and full-scale
pilot projects involving promising tech-
nologies and practices at sites in the Great
Lakes System other than the sites selected
under clause (i).
‘‘(v) EXECUTION OF PROJECTS.—The
Administrator may cooperate with the As-
sistant Secretary of the Army having re-
sponsibility for civil works to plan, engi-
neer, design, and execute pilot projects
under this subparagraph.
‘‘(vi) 
NON-FEDERAL
CONTRIBU-
TIONS.—The Administrator may accept
non-Federal contributions to carry out
pilot projects under this subparagraph.
‘‘(vii) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subparagraph
$3,500,000 for each of fiscal years 1996
through 2000.
‘‘(E) TECHNICAL INFORMATION AND AS-
SISTANCE.—
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‘‘(i) IN
GENERAL.—The Adminis-
trator, acting through the Program Office,
may provide technical information and as-
sistance involving technologies and prac-
tices for remediation of contaminated sedi-
ments to persons that request the informa-
tion or assistance.
‘‘(ii) TECHNICAL ASSISTANCE PRIOR-
ITIES.—In providing technical assistance
under this subparagraph, the Adminis-
trator, acting through the Program Office,
shall give special priority to requests for
integrated 
assessments 
of, 
and 
rec-
ommendations regarding, remediation tech-
nologies and practices for contaminated
sediments at Great Lakes areas of concern.
‘‘(iii) COORDINATION
WITH
OTHER
DEMONSTRATIONS.—The 
Administrator
shall—
‘‘(I) coordinate technology dem-
onstrations conducted under this sub-
paragraph with other federally as-
sisted demonstrations of contaminated
sediment 
remediation 
technologies;
and
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‘‘(II) share information from the
demonstrations conducted under this
subparagraph with the other dem-
onstrations.
‘‘(iv) OTHER SEDIMENT REMEDIATION
ACTIVITIES.—Nothing in this subpara-
graph limits the authority of the Adminis-
trator to carry out sediment remediation
activities under other laws.
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subparagraph
$1,000,000 for each of fiscal years 1996
through 2000.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) RESEARCH
AND
MANAGEMENT.—Section
118(e)(3)(B) (33 U.S.C. 1268(e)(3)(B)) is amended
by inserting before the period at the end the follow-
ing: ‘‘, such sums as may be necessary for fiscal year
1995, and $4,000,000 per fiscal year for each of fis-
cal years 1996, 1997, and 1998’’.
(2) GREAT LAKES PROGRAMS.—Section 118(h)
(33 U.S.C. 1268(h)) is amended—
(A) 
by 
striking 
‘‘and’’ 
before
‘‘$25,000,000’’; and
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(B) by inserting before the period at the
end of the first sentence the following: ‘‘, such
sums as may be necessary for fiscal years 1992
through 1995, and $17,500,000 per fiscal year
for each of fiscal years 1996 through 2000’’.
TITLE II—CONSTRUCTION
GRANTS
SEC. 201. USES OF FUNDS.
(a) 
NONPOINT
SOURCE
PROGRAM.—Section
201(g)(1) (33 U.S.C. 1281(g)(1)) is amended by striking
the period at the end of the first sentence and all that
follows through the period at the end of the last sentence
and inserting the following: ‘‘and for any purpose for
which a grant may be made under sections 319(h) and
319(i) of this Act (including any innovative and alter-
native approaches for the control of nonpoint sources of
pollution).’’.
(b) RETROACTIVE ELIGIBILITY.—Section 201(g)(1)
is further amended by adding at the end the following:
‘‘The Administrator, with the concurrence of the States,
shall develop procedures to facilitate and expedite the ret-
roactive eligibility and provision of grant funding for facili-
ties already under construction.’’.
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SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUC-
TION GRANT PROGRAM.
Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended
by adding at the end the following: ‘‘The Administrator
may negotiate an annual budget with a State for the pur-
pose of administering the closeout of the State’s construc-
tion grants program under this title. Sums made available
for administering such closeout shall be subtracted from
amounts remaining available for obligation under the
State’s construction grant program under this title.’’.
SEC. 203. SEWAGE COLLECTION SYSTEMS.
Section 211(a) (33 U.S.C. 1291(a)) is amended—
(1) in clause (1) by striking ‘‘an existing collec-
tion system’’ and inserting ‘‘a collection system ex-
isting on the date of the enactment of the Clean
Water Amendments of 1995’’; and
(2) in clause (2)—
(A) by striking ‘‘an existing community’’
and inserting ‘‘a community existing on such
date of enactment’’; and
(B) by striking ‘‘sufficient existing’’ and
inserting ‘‘sufficient capacity existing on such
date of enactment’’.
SEC. 204. TREATMENT WORKS DEFINED.
(a) 
INCLUSION
OF
OTHER
LANDS.—Section
212(2)(A) (33 U.S.C. 1292(2)(A)) is amended—
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(1) by striking ‘‘any works, including site’’;
(2) by striking ‘‘is used for ultimate’’ and in-
serting ‘‘will be used for ultimate’’; and
(3) by inserting before the period at the end the
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’.
(b) POLICY
ON
COST
EFFECTIVENESS.—Section
218(a) (33 U.S.C. 1298(a)) is amended by striking ‘‘com-
bination of devices and systems’’ and all that follows
through ‘‘from such treatment;’’ and inserting ‘‘treatment
works;’’.
SEC. 205. VALUE ENGINEERING REVIEW.
Section 218(c) (33 U.S.C. 1298(c)) is amended by
striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 206. GRANTS FOR WASTEWATER TREATMENT.
(a) COASTAL LOCALITIES.—The Administrator shall
make grants under title II of the Federal Water Pollution
Control Act to appropriate instrumentalities for the pur-
pose of construction of treatment works (including com-
bined sewer overflow facilities) to serve coastal localities.
No less than $10,000,000 of the amount of such grants
shall be used for water infrastructure improvements in
New Orleans, no less than $3,000,000 of the amount of
such grants shall be used for water infrastructure im-
provements in Bristol County, Massachusetts, and no less
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than 1⁄3 of the amount of such grants shall be used to
assist localities that meet both of the following criteria:
(1) 
NEED.—A 
locality 
that 
has 
over
$2,000,000,000 in category I treatment needs docu-
mented and accepted in the Environmental Protec-
tion Agency’s 1992 Needs Survey database as of
February 4, 1993.
(2) HARDSHIP.—A locality that has wastewater
user charges, for residential use of 7,000 gallons per
month based on Ernst & Young National Water and
Wastewater 1992 Rate Survey, greater than 0.65
percent of 1989 median household income for the
metropolitan statistical area in which such locality is
located as measured by the Bureau of the Census.
(b) FEDERAL
SHARE.—Notwithstanding section
202(a)(1) of the Federal Water Pollution Control Act, the
Federal share of grants under subsection (a) shall be 80
percent of the cost of construction, and the non-Federal
share shall be 20 percent of the cost of construction.
(c) SMALL COMMUNITIES.—The Administrator shall
make grants to States for the purpose of providing assist-
ance for the construction of treatment works and alter-
native wastewater treatment systems to serve small com-
munities as defined by the State; except that the term
‘‘small communities’’ may not include any locality with a
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population greater than 75,000. Funds made available to
carry out this subsection shall be allotted by the Adminis-
trator to the States in accordance with the allotment for-
mula contained in section 604(a) of the Federal Water
Pollution Control Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for making grants under
this section $300,000,000 for fiscal year 1996. Such sums
shall remain available until expended and shall be equally
divided between subsections (a) and (c) of this section.
Such authorization of appropriation shall take effect only
if the total amount appropriated for fiscal year 1996 to
carry out title VI of the Federal Water Pollution Control
Act is at least $2,250,000,000.
TITLE III—STANDARDS AND
ENFORCEMENT
SEC. 301. EFFLUENT LIMITATIONS.
(a) COMPLIANCE SCHEDULES.—Section 301(b) (33
U.S.C. 1311(b)) is amended—
(1) in paragraph (1)(C) by striking ‘‘not later
than July 1, 1977,’’;
(2) by striking the period at the end and insert-
ing ‘‘within a reasonable period of time as deter-
mined by the Administrator or the State, as appro-
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priate, considering facility planning, design, con-
struction, and other implementation factors;’’; and
(3) by striking ‘‘, and in no case later than
March 31, 1989’’ each place it appears.
(b) MODIFICATIONS FOR NONCONVENTIONAL POL-
LUTANTS.—
(1) GENERAL AUTHORITY.—Section 301(g)(1)
(33 U.S.C. 1311(g)(1)) is amended by striking
‘‘(when determined by the Administrator to be a pol-
lutant covered by subsection (b)(2)(F)) and any
other pollutant which the Administrator lists under
paragraph (4) of this subsection’’ and inserting ‘‘and
any 
other 
pollutant 
covered 
by 
subsection
(b)(2)(F)’’.
(2) PROCEDURAL REQUIREMENTS FOR LISTING
AND
REMOVAL
OF
POLLUTANTS.—Section 301(g)
(33 U.S.C. 1311(g)) is further amended by striking
paragraphs (4) and (5).
(c) COAL REMINING.—Section 301(p)(2) (33 U.S.C.
1311(p)(2)) is amended by inserting before the period at
the end the following: ‘‘; except where monitoring dem-
onstrates that the receiving waters do not meet such water
quality standards prior to commencement of remining and
where the applicant submits a plan which demonstrates
to the satisfaction of the Administrator or the State, as
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the case may be, that identified measures will be utilized
to improve the existing water quality of the receiving wa-
ters’’.
(d) PREEXISTING COAL REMINING OPERATIONS.—
Section 301(p) (33 U.S.C. 1311) is amended by adding
at the end the following:
‘‘(5) PREEXISTING
COAL
REMINING
OPER-
ATIONS.—Any operator of a coal mining operation
who conducted remining at a site on which coal min-
ing originally was conducted before the effective date
of the Surface Mining Control and Reclamation Act
of 1977 shall be deemed to be in compliance with
sections 301, 302, 306, 307, and 402 of this Act
if—
‘‘(A) such operator commenced remining at
such operation prior to the adoption of this sub-
section in a State program approved under sec-
tion 402 and performed such remining under a
permit pursuant to the Surface Mining Control
and Reclamation Act of 1977; and
‘‘(B) the post-mining levels of pollutants
(other than pH) discharged from such operation
do not exceed the levels of pollutants discharged
from the remined area before the coal remining
operation began and the post-mining pH levels
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of the discharges from the remined area are not
reduced below the pH levels of the discharges
from the remined area before the coal remining
operation began.’’.
SEC. 302. POLLUTION PREVENTION OPPORTUNITIES.
(a) INNOVATIVE PRODUCTION PROCESSES.—Sub-
section (k) of section 301 (33 U.S.C. 1311(k)) is amended
to read as follows:
‘‘(k) INNOVATIVE PRODUCTION PROCESSES, TECH-
NOLOGIES, AND METHODS.—
‘‘(1) IN GENERAL.—In the case of any point
source subject to a permit under section 402, the
Administrator, with the consent of the State in
which the point source is located, or the State in
consultation with the Administrator, in the case of
a State with an approved program under section
402, may, at the request of the permittee and after
public notice and opportunity for comment, extend
the deadline for the point source to comply with any
limitation 
established 
pursuant 
to 
subsection
(b)(1)(A), (b)(2)(A), or (b)(2)(E) and make other
appropriate modifications to the conditions of the
point source permit, for the purpose of encouraging
the development and use of an innovative pollution
prevention technology (including an innovative pro-
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ticable, the use of technology produced in the United
States.
‘‘(3) DURATION OF EXTENSIONS.—The exten-
sion of the compliance deadlines under paragraph
(1) shall not extend beyond the period necessary for
the owner of the point source to install and use the
innovative process, technology, or method in full-
scale production operations, but in no case shall the
compliance extensions extend beyond 3 years from
the date for compliance with the otherwise applicable
limitations.
‘‘(4) CONSEQUENCES OF FAILURE.—In deter-
mining the amount of any civil or administrative
penalty pursuant to section 309(d) or 309(g) for any
violations of a section 402 permit during the exten-
sion period referred to in paragraph (1) that are
caused by the unexpected failure of an innovative
process, technology, or method, a court or the Ad-
ministrator, as appropriate, shall take into account
the permittee’s good-faith efforts to implement the
innovation and to comply with any interim limita-
tions and may reduce or eliminate the penalty for
such violation.
‘‘(5) REPORT.—Not later than 1 year after the
date of the enactment of this subsection, the Admin-
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istrator shall review, analyze, and compile in a re-
port information on innovative and alternative tech-
nologies which are available for preventing and re-
ducing pollution of navigable waters, submit such re-
port to Congress, and publish in the Federal Reg-
ister a summary of such report and a notice of the
availability of such report. The Administrator shall
annually update the report prepared under this
paragraph, submit the updated report to Congress,
and publish in the Federal Register a summary of
the updated report and a notice of its availability.
‘‘(6) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to authorize the Administrator or a State to enforce,
place conditions on, or otherwise regulate emissions
into the air or the treatment, storage, or disposal of
solid waste or require or enforce conditions on the
manufacturing or processing of a chemical substance
or mixture in any permit issued under this Act.’’.
(b) POLLUTION PREVENTION PROGRAMS.—Section
301 (33 U.S.C. 1311) is amended—
(1) in subsection (l) by striking ‘‘subsection
(n)’’ and inserting ‘‘subsections (n), (q), and (r)’’;
and
(2) by adding at the end the following:
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‘‘(q) POLLUTION PREVENTION PROGRAMS.—
‘‘(1) IN
GENERAL.—The Administrator (with
the concurrence of the State) or a State with an ap-
proved program under section 402, at the request of
the permittee and after public notice and an oppor-
tunity for comment, may issue a permit under sec-
tion 402 which modifies the requirements of sub-
section (b)(1)(A), (b)(2)(A), or (b)(2)(E) of this sec-
tion or section 306 and makes appropriate modifica-
tions to the conditions of the permit, or may modify
the requirements of section 307, if the Adminis-
trator or State determines that pollution prevention
measures or practices (including recycling, source re-
duction, and other measures to reduce discharges or
other releases of pollutants from the facility to the
environment beyond those otherwise required by law)
together with such modifications will achieve an
overall reduction in emissions to the environment
(including emissions to water and air and disposal
of solid wastes) from the facility at which the per-
mitted discharge is located that is greater than
would otherwise be achievable if the source complied
with the requirements of subsection (b)(1)(A),
(b)(2)(A), or (b)(2)(E) or section 306 or 307 and
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will result in an overall net benefit to the environ-
ment.
‘‘(2) TERM OF MODIFICATION.—A modification
made pursuant to paragraph (1) shall extend for the
term of the permit or, in the case of modifications
under section 307(b), for up to 10 years, and may
be extended further if the Administrator or State de-
termines at the expiration of the initial modifications
that such modifications will continue to enable the
source to achieve greater emissions reduction than
would otherwise be attainable.
‘‘(3) NONEXTENSION OF MODIFICATION.—Upon
expiration of a modification that is not extended fur-
ther under paragraph (2), the source shall have a
reasonable period of time, not to exceed 2 years, to
come into compliance with otherwise applicable re-
quirements of this Act.
‘‘(4) 
LIMITATIONS
ON
MODIFICATIONS.—A
modification of an otherwise applicable limitation or
standard may not be made under this subsection if
such modification—
‘‘(A) will cause a receiving body of water
that is meeting its designated use for all pollut-
ants to no longer meet such use;
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‘‘(B) will prevent a receiving body of water
that is not meeting its designated use for all
pollutants from meeting such use; or
‘‘(C) will cause the introduction of pollut-
ants into a publicly owned treatment works that
interferes with, passes through, or is otherwise
incompatible with such works or will cause such
works to violate its permit under section 402 of
this Act.
‘‘(5) GUIDANCE.—Not later than 270 days
after the date of the enactment of this subsection,
the Administrator shall publish guidance for deter-
mining whether a modification of an otherwise appli-
cable limitation or standard under this subsection
will achieve an overall reduction in emissions to the
environment and result in an overall net benefit to
the environment. In developing such guidance, the
Administrator shall consult with the States and
other interested parties.
‘‘(6) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to authorize the Administrator or a State to enforce,
place conditions on, or otherwise regulate emissions
into the air or the treatment, storage, or disposal of
solid waste or require or enforce conditions on the
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manufacturing or processing of a chemical substance
or mixture in any permit issued under this Act.
‘‘(7) REPORT.—Not later than 3 years after the
date of the enactment of this subsection, the Admin-
istrator shall submit to Congress a report on the im-
plementation of this subsection and the emissions re-
ductions achieved as a result of modifications made
pursuant to this subsection.’’.
(c) POLLUTION REDUCTION AGREEMENTS.—Section
301 is further amended by adding at the end the following:
‘‘(r) POLLUTION REDUCTION AGREEMENTS.—
‘‘(1) IN
GENERAL.—The Administrator (with
the concurrence of the State) or a State with an ap-
proved program under section 402, after public no-
tice and an opportunity for comment, may issue a
permit under section 402 which modifies the require-
ments of subsection (b) of this section or section 306
and makes appropriate modifications to the condi-
tions of the permit, or may modify the requirements
of section 307, if the Administrator or State deter-
mines that the owner or operator of the source of
the discharge has entered into a binding contractual
agreement with any other source of discharge in the
same watershed to implement pollution reduction
controls or measures beyond those otherwise re-
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with jurisdiction over the watershed have approved
such permit or unless such States do not disapprove
such permit within 90 days of receiving such written
notice.
‘‘(3) TERM
OF
MODIFICATION.—Modifications
made pursuant to this subsection shall extend for
the term of the modified permits or, in the case of
modifications under section 307, for up to 10 years,
and may be extended further if the Administrator or
State determines, at the expiration of the initial
modifications, that such modifications will continue
to enable the sources trading credits to achieve
greater reduction in discharges to the watershed col-
lectively than would otherwise be attainable.
‘‘(4) NONEXTENSION OF MODIFICATION.—Upon
expiration of a modification that is not extended fur-
ther under paragraph (3), the source shall have a
reasonable period of time, not to exceed 2 years, to
come into compliance with otherwise applicable re-
quirements of this Act.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to authorize the Administrator or a State, as appro-
priate, to compel trading among sources or to im-
pose nonpoint source control practices without the
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consent of the nonpoint source discharger. Nothing
in this subsection shall be construed to authorize the
Administrator or a State to enforce, place conditions
on, or otherwise regulate emissions into the air or
the treatment, storage, or disposal of solid waste or
require or enforce conditions on the manufacturing
or processing of a chemical substance or mixture in
any permit issued under this Act.
‘‘(6) 
LIMITATIONS
ON
MODIFICATIONS.—A
modification of an otherwise applicable limitation or
standard may not be made under this subsection if
such modification—
‘‘(A) will cause a receiving body of water
that is meeting its designated use for all pollut-
ants to no longer meet such use;
‘‘(B) will prevent a receiving body of water
that is not meeting its designated use for all
pollutants from meeting such use; or
‘‘(C) will cause the introduction of pollut-
ants into a publicly owned treatment works that
interferes with, passes through, or is otherwise
incompatible with such works or will cause such
works to violate its permit under section 402 of
this Act.
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‘‘(7) GUIDANCE.—Not later than 270 days
after the date of the enactment of this subsection,
the Administrator shall publish guidance for deter-
mining whether a modification of an otherwise appli-
cable limitation or standard under this subsection
will achieve an overall reduction in discharges to the
watershed and result in an overall net benefit to the
environment. In developing such guidance, the Ad-
ministrator shall consult with the States and other
interested parties.
‘‘(8) REPORT.—Not later than 3 years after the
date of the enactment of this subsection, the Admin-
istrator shall submit a report to Congress on the im-
plementation of paragraph (1) and the discharge re-
ductions achieved as a result of modifications made
pursuant to paragraph (1).’’.
(d) 
ANTIBACKSLIDING.—Section 
402(o)(2) 
(33
U.S.C. 1342(o)(2)) is amended—
(1) in subparagraph (D)—
(A) by inserting ‘‘301(q), 301(r),’’ after
‘‘301(n),’’; and
(B) by striking ‘‘or’’ the last place it ap-
pears;
(2) in subparagraph (E) by striking the period
at the end and inserting ‘‘; or’’; and
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(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) the permittee is taking pollution pre-
vention or water conservation measures that
produce a net environmental benefit, including,
but not limited to, measures that result in the
substitution of one pollutant for another pollut-
ant; increase the concentration of a pollutant
while decreasing the discharge flow; or increase
the discharge of a pollutant or pollutants from
one or more outfalls at a permittee’s facility,
when accompanied by offsetting decreases in
the discharge of a pollutant or pollutants from
other outfalls at the permittee’s facility.’’.
(e) ANTIDEGRADATION
REVIEW.—Section 303(d)
(33 U.S.C. 1313(d)) is amended by adding at the end the
following:
‘‘(5) ANTIDEGRADATION REVIEW.—The Admin-
istrator may not require a State, in implementing
the antidegradation policy established under this sec-
tion, to conduct an antidegradation review in the
case of—
‘‘(A) increases in a discharge which are au-
thorized under section 301(g), 301(k), 301(q),
301(r), or 301(t);
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‘‘(B) increases in the concentration of a
pollutant in a discharge caused by a reduction
in wastewater flow;
‘‘(C) increases in the discharge of a pollut-
ant or pollutants from one or more outfalls at
a permittee’s facility, when accompanied by off-
setting decreases in the discharge of a pollutant
or pollutants from other outfalls at the permit-
tee’s facility;
‘‘(D) reissuance of a permit where there is
no increase in existing effluent limitations and,
if a new effluent limitation is being added to
the permit, where the new limitation is for a
pollutant that is newly found in an existing dis-
charge due solely to improved monitoring meth-
ods; or
‘‘(E) a new or increased discharge which is
temporary or short-term or which the State de-
termines represents an insignificant increased
pollutant loading.’’.
(f) 
INNOVATIVE
PRETREATMENT
PRODUCTION
PROCESSES.—Subsection (e) of section 307 (33 U.S.C.
1317(e)) is amended to read as follows:
‘‘(e) INNOVATIVE
PRETREATMENT
PRODUCTION
PROCESSES, TECHNOLOGIES, AND METHODS.—
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‘‘(1) IN GENERAL.—In the case of any facility
that proposes to comply with the national categorical
pretreatment standards developed under subsection
(b) by applying an innovative pollution prevention
technology (including an innovative production proc-
ess change, innovative pollution control technology,
or innovative recycling method) that meets the re-
quirements of section 301(k), the Administrator or
the State, in consultation with the Administrator, in
the case of a State which has a pretreatment pro-
gram approved by the Administrator, upon applica-
tion of the facility and with the concurrence of the
treatment works into which the facility introduces
pollutants, may extend the deadlines for compliance
with the applicable national categorical pretreatment
standards established under this section and make
other appropriate modifications to the facility’s
pretreatment requirements if the Administrator or
the State, in consultation with the Administrator, in
the case of a State which has a pretreatment pro-
gram approved by the Administrator determines
that—
‘‘(A) the treatment works will require the
owner of the source to conduct such tests and
monitoring during the period of the modifica-
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tion as are necessary to ensure that the modi-
fication does not cause or contribute to a viola-
tion by the treatment works under section 402
or a violation of section 405;
‘‘(B) the treatment works will require the
owner of the source to report on progress at
prescribed milestones during the period of
modification to ensure that attainment of the
pollution reduction goals and conditions set
forth in this section is being achieved; and
‘‘(C) the proposed extensions or modifica-
tions will not cause or contribute to any viola-
tion of a permit granted to the treatment works
under section 402, any violation of section 405,
or a pass through of pollutants such that water
quality standards are exceeded in the body of
water into which the treatment works dis-
charges.
‘‘(2) INTERIM
LIMITATIONS.—A modification
granted pursuant to paragraph (1) shall include in-
terim standards that shall apply during the tem-
porary period of the modification and shall be the
more stringent of—
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‘‘(A) those necessary to ensure that the
discharge will not interfere with the operation
of the treatment works;
‘‘(B) those necessary to ensure that the
discharge will not pass through pollutants at a
level that will cause water quality standards to
be exceeded in the navigable waters into which
the treatment works discharges;
‘‘(C) the limits established in the pre-
viously applicable control mechanism, in those
cases in which the limit from which a modifica-
tion is being sought is more stringent than the
limit established in a previous control mecha-
nism applicable to such source.
‘‘(3) DURATION
OF
EXTENSIONS
AND
MODI-
FICATIONS.—The extension of the compliance dead-
lines and the modified pretreatment requirements es-
tablished pursuant to paragraph (1) shall not extend
beyond the period necessary for the owner to install
and use the innovative process, technology, or meth-
od in full-scale production operation, but in no case
shall the compliance extensions and modified re-
quirements extend beyond 3 years from the date for
compliance with the otherwise applicable standards.
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‘‘(4) CONSEQUENCES OF FAILURE.—In deter-
mining the amount of any civil or administrative
penalty pursuant to section 309(d) or 309(g) for any
pretreatment violations, or violations by a publicly
owned treatment works, caused by the unexpected
failure of an innovative process, technology, or meth-
od, a court or the Administrator, as appropriate,
shall reduce, or eliminate, the penalty amount for
such violations provided the facility made good-faith
efforts both to implement the innovation and to com-
ply with the interim standards and, in the case of
a publicly owned treatment works, good-faith efforts
were made to implement the pretreatment pro-
gram.’’.
SEC. 303. WATER QUALITY STANDARDS AND IMPLEMENTA-
TION PLANS.
(a) 
NO
REASONABLE
RELATIONSHIP.—Section
303(b) (33 U.S.C. 1313(b)) is amended by adding at the
end the following:
‘‘(3) NO
REASONABLE
RELATIONSHIP.—No
water quality standard shall be established under
this subsection where there is no reasonable relation-
ship between the costs and anticipated benefits of
attaining such standard.’’.
(b) REVISION OF STATE STANDARDS.—
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(1) REVIEW OF REVISIONS BY THE ADMINIS-
TRATOR.—Section 303(c)(1) is amended by striking
‘‘three’’ and all that follows through ‘‘1972’’ and in-
serting the following: ‘‘5-year period beginning on
the date of the enactment of the Clean Water
Amendments of 1995 and, for criteria that are re-
vised by the Administrator pursuant to section
304(a), on or before the 180th day after the date of
such revision by the Administrator’’.
(2) FACTORS.—Section 303(c) (33 U.S.C.
1313(c)) is amended by striking paragraph (2)(A)
and inserting the following:
‘‘(2) STATE
ADOPTION
OF
WATER
QUALITY
STANDARDS.—
‘‘(A) IN GENERAL.—
‘‘(i) 
SUBMISSION
TO
ADMINIS-
TRATOR.—Whenever the State revises or
adopts a new water quality standard, such
standard shall be submitted to the Admin-
istrator.
‘‘(ii) DESIGNATED USES AND WATER
QUALITY
CRITERIA.—The revised or new
standard shall consist of the designated
uses of the navigable waters involved and
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the water quality criteria for such waters
based upon such uses.
‘‘(iii) 
PROTECTION
OF
HUMAN
HEALTH.—The revised or new standard
shall protect human health and the envi-
ronment and enhance water quality.
‘‘(iv) 
DEVELOPMENT
OF
STAND-
ARDS.—In developing revised or new
standards, the State may consider informa-
tion reasonably available on the likely so-
cial, economic, energy use, and environ-
mental cost associated with attaining such
standards in relation to the benefits to be
attained. The State may provide a descrip-
tion of the considerations used in the es-
tablishment of the standards.
‘‘(v) RECORD OF STATE’S REVIEW.—
The record of a State’s review under para-
graph (1) of an existing standard or adop-
tion of a new standard that includes water
quality criteria issued or revised by the Ad-
ministrator after the date of the enactment
of this sentence shall contain available esti-
mates of costs of compliance with the
water quality criteria published by the Ad-
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ministrator under section 304(a)(12) and
any comments received by the State on
such estimate.
‘‘(vi) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing in this sub-
section shall be construed to limit or delay
the use of any guidance of the Adminis-
trator interpreting water quality criteria to
allow the use of a dissolved metals con-
centration measurement or similar adjust-
ment in determining compliance with a
water quality standard or establishing ef-
fluent limitations.’’.
(c) REVISION
OF
DESIGNATED
USES.—Section
303(c)(2) (33 U.S.C. 1313(c)(2)) is amended by adding
at the end the following:
‘‘(C) REVISION OF DESIGNATED USES.—
‘‘(i) REGULATIONS.—After consulta-
tion with State officials and not later than
1 year after the date of the enactment of
this subparagraph, the Administrator shall
propose, and not later than 2 years after
such date of enactment shall issue, a revi-
sion to the Administrator’s regulations re-
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garding designation of uses of waters by
States.
‘‘(ii) WATERS
NOT
ATTAINING
DES-
IGNATED USES.—For navigable waters not
attaining designated uses applicable to
such waters for all pollutants, the Adminis-
trator shall identify conditions that make
attainment of the designated use infeasible
and shall allow a State to modify the des-
ignated use if the State determines that
such condition or conditions are present
with respect to a particular receiving
water, or if the State determines that the
costs of achieving the designated use are
not justified by the benefits.
‘‘(iii) 
MODIFICATION
OF
POINT
SOURCE
LIMITS.—Notwithstanding 
any
other provision of this Act, water quality
based limits applicable to point sources
may be modified as appropriate to conform
to any modified designated use under this
section.’’.
(d) CONSIDERATION OF INFLUENCE OF EXOTIC SPE-
CIES.—Section 303(c)(2) is further amended by adding at
the end the following:
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‘‘(D) CONSIDERATION OF INFLUENCE OF
EXOTIC SPECIES.—In establishing, adopting, or
reviewing standards or goals based upon fish-
able or swimmable uses or uses to assure pro-
tection or propagation of a balanced population
of fish, shellfish, and wildlife, the State or the
Administrator shall consider the influence of ex-
otic or introduced species upon such standards,
goals, or uses.
‘‘(E) RECLAIMED
WASTEWATER.—If a
State adopts or reviews water quality standards
and policies pursuant to this section, the State
may consider and balance, in addition to other
factors referred to in this section, the need for
allowing the discharge of reclaimed wastewater
to navigable waters to promote the beneficial
use of reclaimed wastewater. In addition, the
State may take into consideration and reflect in
the standards—
‘‘(i) the use and value of reclaimed
wastewater for public water supplies;
‘‘(ii) the physical, chemical, and bio-
logical conditions that influence water
quality in the area subject to the stand-
ards, including extremes of temperature,
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water flow, turbidity, mineralization, salin-
ity, and flooding; and
‘‘(iii) whether the discharge of re-
claimed wastewater will result in a net en-
vironmental benefit to the watershed sub-
ject to the standards.’’.
(e) CLARIFICATION OF MIXING ZONE AUTHORITY.—
Section 303 (33 U.S.C. 1313) is amended by adding at
the end the following:
‘‘(i) CONTINUATION OF MIXING ZONES.—Nothing in
this Act shall be construed to authorize the Administrator
to prohibit or discontinue mixing zones established by any
State for any pollutant or class of pollutants.’’.
SEC. 304. USE OF BIOLOGICAL MONITORING.
(a) LABORATORY BIOLOGICAL MONITORING CRI-
TERIA.—Subparagraph (B) of section 303(c)(2) (33
U.S.C. 1313(c)(2)) is amended—
(1) by inserting ‘‘CRITERIA FOR TOXIC POLLUT-
ANTS.—’’ after ‘‘(B)’’;
(2) by moving such subparagraph 4 ems to the
right;
(3) by inserting after the third sentence the fol-
lowing: ‘‘Criteria for whole effluent toxicity based on
laboratory biological monitoring or assessment meth-
ods shall employ an aquatic species that is indige-
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nous to the type of waters, a species that is rep-
resentative of such a species, or an appropriate spe-
cies that indicates the toxicity of the effluent in the
receiving waters and shall take into account the ac-
cepted analytical variability associated with such
methods in defining an exceedence of such criteria.’’.
(b) PERMIT PROCEDURES.—Section 402 is amended
by adding at the end the following:
‘‘(q) BIOLOGICAL MONITORING PROCEDURES.—
‘‘(1) RESPONDING
TO
EXCEEDANCES.—If a
permit issued under this section contains terms, con-
ditions, or limitations requiring biological monitoring
or whole effluent toxicity testing designed to meet
criteria for whole effluent toxicity based on labora-
tory biological monitoring or assessment methods de-
scribed in section 303(c)(2)(B), the permit shall es-
tablish procedures for responding to an exceedance
of such criteria that includes analysis, identification,
reduction, or, where feasible, elimination of any ef-
fluent toxicity. The failure of a biological monitoring
test or whole effluent toxicity test shall not result in
a finding of a violation under this Act, unless it is
demonstrated that the permittee has failed to com-
ply with such procedures.
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‘‘(2) DISCONTINUANCE
OF
USE.—The permit
shall allow the permittee to discontinue such proce-
dures—
‘‘(A) if the permittee is an entity, other
than a publicly owned treatment works, if the
permittee demonstrates to the permitting au-
thority through a field bio-assessment study
that a balanced and healthy population of
aquatic species indigenous to the type of waters
exists in the waters that are affected by the dis-
charge, and if the applicable numerical water
quality standards for specific pollutants are met
for such waters; or
‘‘(B) if the permittee is a publicly owned
treatment works—
‘‘(i) if the source or cause of such tox-
icity cannot, after thorough investigation,
be identified; or
‘‘(ii) if the permittee makes to the
permitting authority a demonstration de-
scribed in subparagraph (A).’’.
(c) INFORMATION ON WATER QUALITY CRITERIA.—
Section 304(a)(8) (33 U.S.C. 1314(a)(8)) is amended—
(1) by striking ‘‘, after’’ and all that follows
through ‘‘1987,’’; and
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(2) by inserting after ‘‘publish’’ the following:
‘‘, consistent with section 303(c)(2)(B) of this Act,’’.
SEC. 305. ARID AREAS.
(a) CONSTRUCTED WATER CONVEYANCES.—Section
303(c)(2) (33 U.S.C. 1313(c)(2)) is amended by adding
at the end the following:
‘‘(F) 
STANDARDS
FOR
CONSTRUCTED
WATER CONVEYANCES.—
‘‘(i) RELEVANT FACTORS.—If a State
exercises 
jurisdiction 
over 
constructed
water conveyances in establishing stand-
ards under this section, the State may con-
sider the following:
‘‘(I) The existing and planned
uses of water transported in a convey-
ance system.
‘‘(II) Any water quality impacts
resulting from any return flow from a
constructed water conveyance to navi-
gable waters and the need to protect
downstream users.
‘‘(III) Management practices nec-
essary to maintain the conveyance
system.
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‘‘(IV) State or regional water re-
sources management and water con-
servation plans.
‘‘(V) The authorized purpose for
the constructed conveyance.
‘‘(ii) RELEVANT
USES.—If a State
adopts or reviews water quality standards
for constructed water conveyances, it shall
not be required to establish recreation,
aquatic life, or fish consumption uses for
such systems if the uses are not existing or
reasonably foreseeable or such uses impede
the authorized uses of the conveyance sys-
tem.’’.
(b) CRITERIA AND GUIDANCE FOR EPHEMERAL AND
EFFLUENT-DEPENDENT STREAMS.—Section 304(a) (33
U.S.C. 1314(a)) is amended by adding at the end the fol-
lowing:
‘‘(9) CRITERIA
AND
GUIDANCE
FOR
EPHEM-
ERAL AND EFFLUENT-DEPENDENT STREAMS.—
‘‘(A) DEVELOPMENT.—Not later than 2
years after the date of the enactment of this
paragraph, and after providing notice and op-
portunity for public comment, the Adminis-
trator shall develop and publish—