IB 
Union Calendar No. 88 
112TH CONGRESS 
1ST SESSION H. R. 2018 
[Report No. 112–139] 
To amend the Federal Water Pollution Control Act to preserve the authority 
of each State to make determinations relating to the State’s water 
quality standards, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2011 
Mr. MICA (for himself, Mr. RAHALL, Mr. SHUSTER, Mrs. CAPITO, Mr. COBLE, 
Mr. BARLETTA, Mr. LANDRY, Mr. DUNCAN of Tennessee, Mr. BUCSHON, 
Mr. CRAWFORD, Mr. GRAVES of Missouri, Mr. GIBBS, Mr. CRITZ, Mr. 
ALTMIRE, Mr. HOLDEN, Mr. HUNTER, Mr. GARY G. MILLER of Cali-
fornia, Mr. YOUNG of Alaska, Mrs. SCHMIDT, and Mr. ROGERS of Ken-
tucky) introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
JULY 8, 2011 
Additional sponsors: Mr. LANKFORD, Mr. FARENTHOLD, Mr. CRAVAACK, Mr. 
JOHNSON of Ohio, Mr. MCKINLEY, Mr. GUINTA, Mr. BISHOP of Utah, 
Mr. LONG, Mr. GRIFFITH of Virginia, Mr. SOUTHERLAND, Mrs. LUMMIS, 
Mr. BONNER, Mr. GUTHRIE, Mr. PAUL, Mr. HULTGREN, Mr. OLSON, 
Mr. REHBERG, Mr. BACHUS, Mr. WALSH of Illinois, and Mrs. EMERSON 
JULY 8, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 26, 2011] 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
A BILL 
To amend the Federal Water Pollution Control Act to pre-
serve the authority of each State to make determinations 
relating to the State’s water quality standards, and for 
other purposes. 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
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 ‘‘Clean Water Cooperative 
Federalism Act of 2011’’. 
SEC. 2. STATE WATER QUALITY STANDARDS. 
(a) STATE WATER QUALITY STANDARDS.—Section 
303(c)(4) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(4)) is amended— 
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 
(3) by striking ‘‘The Administrator shall pro-
mulgate’’ and inserting the following: 
‘‘(B) The Administrator shall promulgate’’; and 
(4) by adding at the end the following: 
‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad-
ministrator may not promulgate a revised or new standard 
for a pollutant in any case in which the State has submitted 
to the Administrator and the Administrator has approved 
a water quality standard for that pollutant, unless the State 
concurs with the Administrator’s determination that the re-
vised or new standard is necessary to meet the requirements 
of this Act.’’. 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
(b) FEDERAL
LICENSES
AND
PERMITS.—Section 
401(a) of such Act (33 U.S.C. 1341(a)) is amended by add-
ing at the end the following: 
‘‘(7) With respect to any discharge, if a State or inter-
state agency having jurisdiction over the navigable waters 
at the point where the discharge originates or will originate 
determines under paragraph (1) that the discharge will 
comply with the applicable provisions of sections 301, 302, 
303, 306, and 307, the Administrator may not take any 
action to supersede the determination.’’. 
(c) STATE
NPDES PERMIT
PROGRAMS.—Section 
402(c) of such Act (42 U.S.C. 1342(c)) is amended by add-
ing at the end the following: 
‘‘(5) LIMITATION
ON
AUTHORITY
OF
ADMINIS-
TRATOR
TO
WITHDRAW
APPROVAL
OF
STATE
PRO-
GRAMS.—The Administrator may not withdraw ap-
proval of a State program under paragraph (3) or 
(4), or limit Federal financial assistance for the State 
program, on the basis that the Administrator dis-
agrees with the State regarding— 
‘‘(A) the implementation of any water qual-
ity standard that has been adopted by the State 
and approved by the Administrator under sec-
tion 303(c); or 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
‘‘(B) the implementation of any Federal 
guidance that directs the interpretation of the 
State’s water quality standards.’’. 
(d) LIMITATION ON AUTHORITY OF ADMINISTRATOR 
TO OBJECT TO INDIVIDUAL PERMITS.—Section 402(d) of 
such Act (33 U.S.C. 1342(d)) is amended by adding at the 
end the following: 
‘‘(5) The Administrator may not object under para-
graph (2) to the issuance of a permit by a State on the 
basis of— 
‘‘(A) the Administrator’s interpretation of a 
water quality standard that has been adopted by the 
State and approved by the Administrator under sec-
tion 303(c); or 
‘‘(B) the implementation of any Federal guid-
ance that directs the interpretation of the State’s 
water quality standards.’’. 
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. 
(a) AUTHORITY OF EPA ADMINISTRATOR.—Section 
404(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1344(c)) is amended— 
(1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 
(2) by adding at the end the following: 
‘‘(2) Paragraph (1) shall not apply to any permit if 
the State in which the discharge originates or will originate 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
does not concur with the Administrator’s determination 
that the discharge will result in an unacceptable adverse 
effect as described in paragraph (1).’’. 
(b) STATE PERMIT PROGRAMS.—The first sentence of 
section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is 
amended by striking ‘‘The Governor of any State desiring 
to administer its own individual and general permit pro-
gram for the discharge’’ and inserting ‘‘The Governor of 
any State desiring to administer its own individual and 
general permit program for some or all of the discharges’’. 
SEC. 4. DEADLINES FOR AGENCY COMMENTS. 
Section 404 of the Federal Water Pollution Control 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 addi-
tional 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: 
‘‘(2) The Administrator and the head of a department 
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 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
of receipt of an application for a permit under that sub-
section.’’. 
SEC. 5. APPLICABILITY OF AMENDMENTS. 
The amendments made by this Act shall apply to ac-
tions taken on or after the date of enactment of this Act, 
including actions taken with respect to permit applications 
that are pending or revised or new standards that are being 
promulgated as of such date of enactment. 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS
Union Calendar No. 88 
112TH CONGRESS 
1ST SESSION 
H. R. 2018 
[Report No. 112–139] 
A BILL 
To amend the Federal Water Pollution Control Act 
to preserve the authority of each State to make 
determinations relating to the State’s water qual-
ity standards, and for other purposes. 
JULY 8, 2011 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
20:50 Jul 08, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H2018.RH
H2018
emcdonald on DSK2BSOYB1PROD with BILLS