I 
113TH CONGRESS 
2D SESSION 
H. R. 5077 
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 
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. 
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’’. 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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, 
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 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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 
Water Act’ and dated February 17, 
2012 (referred to as ‘Clean Water 
Protection 
Guidance’, 
Regulatory 
Identifier Number (RIN) 2040–ZA11, 
received February 21, 2012); 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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-
minister under State law or under an interstate 
compact; and 
‘‘(B) a statement from the attorney gen-
eral (or the attorney for those State water pol-
lution control agencies that have independent 
legal counsel), or from the chief legal officer in 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
the case of an interstate agency, that the laws 
of the State, or the interstate compact, as ap-
plicable, provide adequate authority to carry out 
the described program. 
‘‘(2) APPROVAL.—The Administrator shall ap-
prove each program for which a description is sub-
mitted under paragraph (1) unless the Adminis-
trator 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; 
‘‘(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 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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 
ensure 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 af-
fected, 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 
be affected by the issuance of a permit may 
submit written recommendations to the permit-
ting State and the Administrator with respect 
to any permit application and, if any part of 
the written recommendations are not accepted 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
by the permitting State, that the permitting 
State will notify the affected State and the Ad-
ministrator in writing of the failure of the per-
mitting State to accept the recommendations, 
including the reasons for not accepting the rec-
ommendations; 
‘‘(F) to ensure that no permit will be 
issued if, in the judgment of the Secretary of 
the Army acting through the Chief of Engi-
neers, after consultation with the Secretary of 
the department in which the Coast Guard is op-
erating, anchorage and navigation of any of the 
navigable waters would be substantially im-
paired 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 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 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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 
publicly owned treatment works, to the permit-
ting 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-
ducing pollutants into the treatment works 
at the time of issuance of the permit; and 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(I) to ensure that any industrial user of 
any publicly owned treatment works will comply 
with sections 204(b), 307, and 308.’’. 
(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 
(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 insert-
ing ‘‘402(b)(2)(H)’’. 
(B) ADDITIONAL
PRETREATMENT.—Sec-
tion 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)’’. 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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 
(2) by adding at the end the following: 
‘‘(2) DEADLINE FOR APPROVAL.— 
‘‘(A) PERMIT APPLICATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if an environmental as-
sessment or environmental impact state-
ment, as appropriate, is required under the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Sec-
retary 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 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
(b) STATE PERMITTING PROGRAMS.—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).’’. 
(c) STATE PROGRAMS.—The first sentence of section 
404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended 
by striking ‘‘for the discharge’’ and inserting ‘‘for some 
or all of the discharges’’. 
(d) DEADLINE FOR AGENCY COMMENTS.—Section 
404 of such Act (33 U.S.C. 1344) is amended— 
(1) in subsection (m) by striking ‘‘ninetieth 
day’’ and inserting ‘‘30th day (or the 60th day if ad-
ditional time is requested)’’; and 
(2) in subsection (q)— 
(A) by striking ‘‘(q)’’ and inserting 
‘‘(q)(1)’’; and 
(B) by adding at the end the following: 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(2) The Administrator and the head of a depart-
ment or agency referred to in paragraph (1) shall each 
submit any comments with respect to an application for 
a permit under subsection (a) or (e) not later than the 
30th day (or the 60th day if additional time is requested) 
after the date of receipt of an application for a permit 
under that subsection.’’. 
SEC. 4. 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, 
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 31 of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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.— 
(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 the 
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 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
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 a 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: 
(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. 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
(3) MORE THAN A DE MINIMIS NEGATIVE IM-
PACT.—The term ‘‘more than a de minimis negative 
impact’’ means either of 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-
pothetical creation of new economic activity 
through new technologies or government em-
ployment may not be used in the economic ac-
tivity calculation. 
SEC. 5. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 
ITS BOUNDARIES. 
Section 303 of the Federal Water Pollution Control 
Act (33 U.S.C. 1313) is amended by striking subsection 
(d)(2) and inserting the following: 
‘‘(2)(A) Each State shall submit to the Administrator 
from time to time, with the first such submission not later 
than 180 days after the date of publication of the first 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
identification of pollutants under section 304(a)(2)(D), 
the waters identified and the loads established under para-
graphs (1)(A), (1)(B), (1)(C), and (1)(D) of this sub-
section. The Administrator shall approve the State identi-
fication and load or announce his disagreement with the 
State identification and load not later than 30 days after 
the date of submission, and if— 
‘‘(i) the Administrator approves the identifica-
tion and load submitted by the State in accordance 
with this subsection, such State shall incorporate 
them into its current plan under subsection (e); and 
‘‘(ii) the Administrator announces his disagree-
ment with the identification and load submitted by 
the State in accordance with this subsection, the Ad-
ministrator shall submit, not later than 30 days 
after the date on which such announcement is made, 
to the State his written recommendation of those ad-
ditional waters that he identifies and such loads for 
such waters as he believes are necessary to imple-
ment the water quality standards applicable to such 
waters. 
‘‘(B) Upon receipt of the Administrator’s rec-
ommendation the State shall within 30 days either— 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
days as required by subparagraph (A)(ii) then such 
State’s identification and load is deemed approved and 
such State shall incorporate the identification and load 
that it submitted into its current plan under subsection 
(e). 
‘‘(D) This paragraph shall apply to any decision 
made by the Administrator under this subsection issued 
on or after March 1, 2013.’’. 
SEC. 6. DEFINITION OF FILL MATERIAL. 
Section 502 of the Federal Water Pollution Control 
Act (33 U.S.C. 1362) is amended by adding at the end 
the following: 
‘‘(27) FILL MATERIAL.— 
‘‘(A) IN GENERAL.—The term ‘fill mate-
rial’ means any material placed in waters of the 
United States where the material has the effect 
of— 
‘‘(i) replacing any portion of a water 
of the United States with dry land; or 
‘‘(ii) changing the bottom elevation of 
any portion of a water of the United 
States. 
‘‘(B) INCLUSIONS.—The term ‘fill mate-
rial’ includes— 
‘‘(i) rock; 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(ii) sand; 
‘‘(iii) soil; 
‘‘(iv) clay; 
‘‘(v) plastics; 
‘‘(vi) construction debris; 
‘‘(vii) wood chips; 
‘‘(viii) overburden from mining or 
other excavation activities; and 
‘‘(ix) materials used to create any 
structure or infrastructure in the waters of 
the United States. 
‘‘(C) EXCLUSIONS.—The term ‘fill mate-
rial’ does not apply to trash or garbage.’’. 
SEC. 7. APPLICABILITY OF AMENDMENTS. 
Except as otherwise specifically provided, the amend-
ments made by this Act shall apply to actions taken on 
or after the date of enactment of this Act, including ac-
tions taken with respect to permit applications pending, 
or revised or new standards in the process of being pro-
mulgated, on such date of enactment. 
Æ 
VerDate Mar 15 2010 
22:35 Jul 11, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6301
E:\BILLS\H5077.IH
H5077
mstockstill on DSK4VPTVN1PROD with BILLS