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materials (as such terms are defined under the Atomic
Energy Act of 1954) which are used, produced, or man-
aged at facilities not licensed by the Nuclear Regulatory
Commission; except that such term does not include any
material which is discharged from a vessel or other facility
covered by Executive Order 12344 (42 U.S.C. 7158 note;
relating to the Naval Nuclear Propulsion Program).’’.
(g) CONFORMING AMENDMENTS.—Section 313(b)
(33 U.S.C. 1323(b)) is amended—
(1) by striking ‘‘(b)(1)’’ and inserting the fol-
lowing:
‘‘(b) WASTEWATER FACILITIES.—
‘‘(1) COOPERATION FOR USE OF WASTEWATER
CONTROL SYSTEMS.—’’;
(2) in paragraph (2) by inserting ‘‘LIMITATION
ON CONSTRUCTION.—’’ before ‘‘Construction’’; and
(3) by moving paragraphs (1) and (2) 2 ems to
the right.
(h) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall only apply to violations occurring
after such date of enactment.
SEC. 317. CLEAN LAKES.
(a) PRIORITY LAKES.—Section 314(d)(2) (33 U.S.C.
1324(d)(2)) is amended by inserting ‘‘Paris Twin Lakes,
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Illinois; Otsego Lake, New York; Raystown Lake, Penn-
sylvania;’’ after ‘‘Minnesota;’’.
(b) FUNDING.—Section 314 (33 U.S.C. 1324) is
amended by adding at the end the following:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$10,000,000 per fiscal year for each of fiscal years 1996
through 2000.’’.
SEC. 318. COOLING WATER INTAKE STRUCTURES.
Section 316(b) (33 U.S.C. 1326(b)) is amended—
(1) by inserting after ‘‘(b)’’ the following:
‘‘REGULATION OF COOLING WATER INTAKE STRUC-
TURES.—’’;
(2) by inserting before ‘‘Any’’ the following:
‘‘(1) IN GENERAL.—’’;
(3) by indenting paragraph (1), as designated
by paragraph (2) of this section, and moving such
paragraph 2 ems to the right; and
(4) by adding at the end the following:
‘‘(2) INTAKE STRUCTURE CONSIDERATIONS.—
‘‘(A) IN
GENERAL.—The Administrator
shall require the application of the best tech-
nology available to new and existing cooling
water intake structures in instances where the
Administrator has determined that such a
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structure is having or could have a significant
adverse impact on the aquatic environment.
‘‘(B) NEW INTAKE STRUCTURE.—In iden-
tifying the best technology available for any new
cooling water intake structure pursuant to sub-
paragraph (A), the Administrator shall con-
sider, at a minimum, the following:
‘‘(i) The relative technological, engi-
neering, and economic feasibility of avail-
able intake structure technologies for mini-
mizing adverse impacts to the aquatic envi-
ronment.
‘‘(ii) The relative technological, engi-
neering, and economic feasibility of avail-
able alternatives as to the location, design,
construction, and capacity of the intake
structure.
‘‘(iii) The relative environmental, so-
cial, and economic costs and benefits of
available 
technologies 
and 
alternatives
identified pursuant to this subparagraph or
subparagraph (D).
‘‘(iv) The projected useful life of the
point source at which the new cooling
water intake structure is located.
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‘‘(C) EXISTING INTAKE STRUCTURES.—In
identifying the best technology available for an
existing cooling water intake structure pursuant
to subparagraph (A), the Administrator shall
consider, at a minimum, the following:
‘‘(i) The relative technological, engi-
neering, and economic feasibility of reason-
ably available intake structure retrofit
technologies for minimizing adverse im-
pacts to the aquatic environment.
‘‘(ii) The relative environmental, so-
cial, and economic costs and benefits of
available 
technologies 
and 
alternatives
identified pursuant to this subparagraph or
subparagraph (D).
‘‘(iii) The projected remaining useful
life of the point source at which the exist-
ing cooling water intake structure is lo-
cated.
‘‘(D) 
CONSIDERATION
OF
ALTER-
NATIVES.—In identifying the best technology
available for any new or existing cooling water
intake structure, the Administrator shall con-
sider environmental enhancements or any other
technique that the owner or operator has identi-
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fied as appropriate alternatives for minimizing
adverse impacts to the aquatic environment.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) 
NEW
COOLING
WATER
INTAKE
STRUCTURE.—The term ‘new cooling water in-
take structure’ means any intake structure the
construction of which commences after the pub-
lication of final regulations implementing this
subsection.
‘‘(B) EXISTING COOLING WATER INTAKE
STRUCTURE.—The term ‘existing cooling water
intake structure’ means any intake structure
that is not a new cooling water intake struc-
ture.’’.
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) STATE ASSESSMENT REPORT.—
(1) 
CONTENTS.—Section 
319(a)(1)(C) 
(33
U.S.C. 1329(a)(1)(C)) is amended by striking ‘‘best
management practices and’’.
(2) INFORMATION
USED
IN
PREPARATION.—
Section 319(a)(2) is amended—
(A) by inserting ‘‘, reviewing, and revising’’
after ‘‘developing’’; and
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(B) by striking ‘‘section’’ the first place it
appears and inserting ‘‘subsection’’.
(3) REVIEW AND REVISION.—Section 319(a) is
amended by adding at the end the following:
‘‘(3) REVIEW AND REVISION.—Not later than
18 months after the date of the enactment of the
Clean Water Amendments of 1995, and every 5
years thereafter, the State shall review, revise, and
submit to the Administrator the report required by
this subsection.’’.
(b) STATE MANAGEMENT PROGRAM.—
(1) TERM OF PROGRAM.—Section 319(b)(1) is
amended by striking ‘‘four’’ and inserting ‘‘5’’.
(2) CONTENTS.—Section 319(b)(2) is amend-
ed—
(A) in subparagraph (A)—
(i) by striking ‘‘best’’;
(ii) by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘subsection (a)(1)(B)’’; and
(iii) by inserting ‘‘and measure’’ after
‘‘practice’’;
(B) in subparagraph (B)—
(i) by striking ‘‘nonregulatory or regu-
latory programs for enforcement,’’ and in-
serting ‘‘one or more of the following: vol-
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untary 
programs, 
incentive-based 
pro-
grams, regulatory programs, enforceable
policies and mechanisms, State manage-
ment programs approved under section
306 of the Coastal Zone Management Act
of 1972,’’; and
(ii) by striking ‘‘achieve implementa-
tion’’ and all that follows before the period
and 
inserting 
‘‘manage 
categories,
subcategories, 
or 
particular 
nonpoint
sources to the degree necessary to provide
for reasonable further progress toward the
goal of attaining water quality standards
within 15 years of approval of the State
program for those waters identified under
subsection (a)(1)(A)’’;
(C) by striking subparagraph (C) and in-
serting the following:
‘‘(C) A schedule containing interim goals
and milestones for making reasonable progress
toward the attainment of standards, which may
be demonstrated by one or any combination of
the following: improvements in water quality
(including biological indicators), documented
implementation of voluntary nonpoint source
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control practices and measures, and adoption of
enforceable policies and mechanisms.’’;
(D) in subparagraph (D) by striking ‘‘A
certification of’’ and inserting ‘‘After the date
of the enactment of the Clean Water Amend-
ments of 1995, a certification by’’; and
(E) by adding at the end the following:
‘‘(G) A description of the monitoring or
other assessment which will be carried out
under the program for the purposes of monitor-
ing and assessing the effectiveness of the pro-
gram, including the attainment of interim goals
and milestones.
‘‘(H) An identification of activities on Fed-
eral lands in the State that are inconsistent
with the State management program.
‘‘(I) An identification of goals and mile-
stones for progress in attaining water quality
standards, including a projected date for attain-
ing such standards as expeditiously as prac-
ticable but not later than 15 years after the
date of approval of the State program for each
of the waters listed pursuant to subsection
(a).’’.
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(3) UTILIZATION OF LOCAL AND PRIVATE EX-
PERTS.—Section 319(b)(3) is amended by inserting
before the period at the end the following: ‘‘, includ-
ing academic institutions, private industry experts,
and other individual experts in water resource con-
servation and planning’’.
(4) NEW TECHNOLOGIES; USE OF RESOURCES;
AGRICULTURAL
PROGRAMS.—Section 
319(b) 
is
amended by adding at the end the following:
‘‘(5) RECOGNITION OF NEW TECHNOLOGIES.—
In developing and implementing a management pro-
gram under this subsection, a State may recognize
and utilize new practices, technologies, processes,
products, and other alternatives.
‘‘(6) EFFICIENT AND EFFECTIVE USE OF RE-
SOURCES.—In developing and implementing a man-
agement program under this subsection, a State may
recognize and provide for a methodology which takes
into account situations in which management meas-
ures used to control one pollutant have an adverse
impact with respect to another pollutant. The meth-
odology should encourage the balanced combination
of measures which best address the various impair-
ments on the watershed or site.
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‘‘(7) RECOGNITION
OF
AGRICULTURAL
PRO-
GRAMS.—Any agricultural producer who has volun-
tarily developed and is implementing an approved
whole farm or ranch natural resources management
plan shall be considered to be in compliance with the
requirements of a State program developed under
this section—
‘‘(A) if such plan has been developed under
a program subject to a memorandum of agree-
ment between the Chief of the Natural Re-
sources Conservation Service and the Governor,
or their respective designees; and
‘‘(B) if such memorandum of agreement
specifies—
‘‘(i) the scope and content of the Nat-
ural Resources Conservation Service pro-
gram (not an individual farm or ranch
plan) in the State or regions of the State;
‘‘(ii) the terms of approval, implemen-
tation, and duration of a voluntary farm or
ranch plan for agricultural producers;
‘‘(iii) the responsibilities for assessing
implementation of voluntary whole farm
and ranch natural resource management
plans; and
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‘‘(iv) the duration of such memoran-
dum of agreement.
At a minimum, such memorandum of agreement
shall be reviewed and may be revised every 5 years,
as part of the State review of its management pro-
gram under this section.’’.
(c) SUBMISSION
OF MANAGEMENT PROGRAMS.—
Paragraph (2) of section 319(c) is amended to read as
follows:
‘‘(2) TIME PERIOD FOR SUBMISSION OF MAN-
AGEMENT PROGRAMS.—Each management program
shall be submitted to the Administrator within 30
months of the issuance by the Administrator of the
final guidance under subsection (o) and every 5
years thereafter. Each program submission after the
initial submission following the date of the enact-
ment of the Clean Water Amendments of 1995 shall
include a demonstration of reasonable further
progress toward the goal of attaining water quality
standards within 15 years of approval of the State
program, including documentation of the degree to
which the State has achieved the interim goals and
milestones contained in the previous program sub-
mission. Such demonstration shall take into account
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the adequacy of Federal funding under this sec-
tion.’’.
(d) APPROVAL AND DISAPPROVAL OF REPORTS AND
MANAGEMENT PROGRAMS.—
(1) DEADLINE.—Section 319(d)(1) is amended
by inserting ‘‘or revised report’’ after ‘‘any report’’.
(2) 
DISAPPROVAL.—Section 
319(d)(2) 
is
amended—
(A) in subparagraph (B) by inserting be-
fore the semicolon the following: ‘‘; except that
such program or portion shall not be dis-
approved solely because the program or portion
does not include enforceable policies or mecha-
nisms’’;
(B) in subparagraph (D) by striking ‘‘are
not adequate’’ and all that follows before the
semicolon and inserting the following: ‘‘will not
result in reasonable further progress toward the
attainment of applicable water quality stand-
ards under section 303 as expeditiously as pos-
sible but not later than 15 years after approval
of the State program’’; and
(C) in the text following subparagraph
(D)—
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(i) by striking ‘‘3 months’’ and insert-
ing ‘‘6 months’’; and
(ii) by inserting ‘‘or portion thereof’’
before ‘‘within three months of receipt’’.
(3) FAILURE
TO
SUBMIT
REPORT.—Section
319(d)(3) is amended—
(A) by striking ‘‘the report’’ and inserting
‘‘a report or revised report’’;
(B) by striking ‘‘30 months’’ and inserting
‘‘18 months’’; and
(C) by striking ‘‘of the enactment of this
section’’ and inserting ‘‘on which such report is
required to be submitted under subsection (a)’’.
(4) PROGRAM MANAGEMENT BY THE ADMINIS-
TRATOR.—Section 319(d) is amended by adding at
the end the following:
‘‘(4) FAILURE
OF
STATE
TO
SUBMIT
PRO-
GRAM.—
‘‘(A) PROGRAM MANAGEMENT BY THE AD-
MINISTRATOR.—If a State fails to submit a
management program or revised management
program under subsection (b) or the Adminis-
trator disapproves such management program,
the Administrator shall prepare and implement
a management program for controlling pollution
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added from nonpoint sources to the navigable
waters within the State and improving the qual-
ity of such waters in accordance with subsection
(b).
‘‘(B) NOTICE AND HEARING.—If the Ad-
ministrator intends to disapprove a program
submitted by a State, the Administrator shall
first notify the Governor of the State in writing
of the modifications necessary to meet the re-
quirements of this section. The Administrator
shall provide adequate public notice and an op-
portunity for a public hearing for all interested
parties.
‘‘(C) STATE REVISION OF ITS PROGRAM.—
If, after taking into account the level of funding
actually provided as compared with the level au-
thorized under subsection (j), the Administrator
determines that a State has failed to dem-
onstrate reasonable further progress toward the
attainment of water quality standards as re-
quired, the State shall revise its program within
12 months of that determination in a manner
sufficient to achieve attainment of applicable
water quality standards by the deadline estab-
lished by this Act. If a State fails to make such
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a program revision or the Administrator dis-
approves such a revision, the Administrator
shall prepare and implement a nonpoint source
management program for the State.’’.
(e) TECHNICAL
ASSISTANCE.—Section 319(f) is
amended by inserting ‘‘and implementing’’ after ‘‘develop-
ing’’.
(f) GRANT PROGRAM.—
(1) IN GENERAL.—Section 319(h)(1) is amend-
ed—
(A) by amending the paragraph heading to
read as follows: ‘‘GRANTS FOR PREPARATION
AND IMPLEMENTATION OF REPORTS AND MAN-
AGEMENT PROGRAMS.—’’;
(B) by striking ‘‘for which a report submit-
ted under subsection (a) and a management
program submitted under subsection (b) is ap-
proved under this section’’;
(C) by striking ‘‘the Administrator shall
make grants’’ and inserting ‘‘the Administrator
may make grants under this subsection’’;
(D) by striking ‘‘under this subsection to
such State’’ and inserting ‘‘to such State’’;
(E) by striking ‘‘implementing such man-
agement program’’ and inserting ‘‘preparing a
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report under subsection (a) and in preparing
and implementing a management program
under subsection (b)’’;
(F) by inserting after the first sentence the
following: ‘‘Grants for implementation of such
management program may be made only after
such report and management program are ap-
proved under this section.’’; and
(G) by adding at the end the following:
‘‘The Administrator is authorized to provide
funds to a State if necessary to implement an
approved portion of a State program or, with
the approval of the Governor of the State, to
implement a component of a federally estab-
lished program. The Administrator may con-
tinue to make grants to any State with an pro-
gram approved on the day before the date of
the enactment of the Clean Water Amendments
of 1995 until the Administrator withdraws the
approval of such program or the State fails to
submit a revision of such program in accord-
ance with subsection (c)(2).’’.
(2) FEDERAL
SHARE.—Section 319(h)(3) is
amended—
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(A) by striking ‘‘management program im-
plemented’’ and inserting ‘‘report prepared and
management program prepared and imple-
mented’’;
(B) by striking ‘‘60 percent’’ and inserting
‘‘75 percent’’;
(C) by striking ‘‘implementing such man-
agement program’’ and inserting ‘‘preparing
such report and preparing and implementing
such management program’’; and
(D) by inserting ‘‘of program implementa-
tion’’ after ‘‘non-Federal share’’.
(3) LIMITATION ON GRANT AMOUNTS.—Section
319(h)(4) is amended—
(A) by inserting before the first sentence
the following: ‘‘The Administrator shall estab-
lish, after consulting with the States, maximum
and minimum grants for any fiscal year to pro-
mote equity between States and effective
nonpoint source management.’’; and
(B) by adding at the end the following:
‘‘The minimum percentage of funds allocated to
each State shall be 0.5 percent of the amount
appropriated.’’.
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(4) ALLOCATION
OF
GRANT
FUNDS.—Para-
graph (5) of section 319(h) is amended to read as
follows:
‘‘(5) ALLOCATION OF GRANT FUNDS.—Grants
under this section shall be allocated to States with
approved programs in a fair and equitable manner
and be based upon rules and regulations promul-
gated by the Administrator which shall take into ac-
count the extent and nature of the nonpoint sources
of pollution in each State and other relevant fac-
tors.’’.
(5) USE OF FUNDS.—Paragraph (7) of section
319(h) is amended to read as follows:
‘‘(7) USE OF FUNDS.—A State may use grants
made available to the State pursuant to this section
for activities relating to nonpoint source water pollu-
tion control, including—
‘‘(A) providing financial assistance with re-
spect to those activities whose principal purpose
is protecting and improving water quality;
‘‘(B) assistance related to the cost of pre-
paring or implementing the State management
program;
‘‘(C) providing incentive grants to individ-
uals to implement a site-specific water quality
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plan in amounts not to exceed 75 percent of the
cost of the project from all Federal sources;
‘‘(D) land acquisition or conservation ease-
ments consistent with a site-specific water qual-
ity plan;
‘‘(E) providing financial assistance with re-
spect to those water pollution control activities
which have as their principal purpose the pro-
tection of public water supplies; and
‘‘(F) restoring and maintaining the chemi-
cal, physical, and biological integrity of urban
and rural waters and watersheds (including res-
toration and maintenance of water quality, a
balanced indigenous population of shellfish,
fish, and wildlife, aquatic and riparian vegeta-
tion, and recreational activities in and on the
water) and protecting designated uses, includ-
ing fishing, swimming, and drinking water sup-
ply.’’.
(6) COMPLIANCE
WITH
STATE
MANAGEMENT
PROGRAM.—Paragraph (8) of section 319(h) is
amended to read as follows:
‘‘(8) COMPLIANCE WITH STATE MANAGEMENT
PROGRAM.—In any fiscal year for which the Admin-
istrator determines that a State has not made satis-
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factory progress in the preceding fiscal year in meet-
ing the schedule specified for such State under sub-
section (b)(2)(C), the Administrator is authorized to
withhold grants pursuant to this section in whole or
in part to the State after adequate written notice is
provided to the Governor of the State.’’.
(7) ALLOTMENT
STUDY.—Section 319(h) is
amended by adding at the end the following:
‘‘(13) ALLOTMENT STUDY.—
‘‘(A) STUDY.—The Administrator, in con-
sultation with the States, shall conduct a study
of whether the allocation of funds under para-
graph (5) appropriately reflects the needs and
costs of nonpoint source control measures for
different 
nonpoint 
source 
categories 
and
subcategories and of options for better reflect-
ing such needs and costs in the allotment of
funds.
‘‘(B) REPORT.—Not later than 5 years
after the date of the enactment of the Clean
Water Amendments of 1995, the Administrator
shall transmit to Congress a report on the re-
sults of the study conducted under this sub-
section, together with recommendations.’’.
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(g) GRANTS
FOR PROTECTING GROUND WATER
QUALITY.—Section 319(i)(3) is amended by striking
‘‘$150,000’’ and inserting ‘‘$500,000’’.
(h) AUTHORIZATION OF APPROPRIATIONS.—Section
319(j) is amended—
(1) by striking ‘‘and’’ before ‘‘$130,000,000’’;
(2) by inserting after ‘‘1991’’ the following: ‘‘,
such sums as may be necessary for fiscal years 1992
through 1995, $100,000,000 for fiscal year 1996,
$150,000,000 for fiscal year 1997, $200,000,000 for
fiscal year 1998, $250,000,000 for fiscal year 1999,
and $300,000,000 for fiscal year 2000’’; and
(3) by striking ‘‘$7,500,000’’ and inserting
‘‘$25,000,000’’.
(i) CONSISTENCY
OF
OTHER
PROGRAMS
AND
PROJECTS
WITH
MANAGEMENT
PROGRAMS.—Section
319(k) (33 U.S.C. 1329(k)) is amended—
(1) by striking ‘‘allow States to review’’ and in-
serting ‘‘require coordination with States in’’;
(2) by inserting before the period at the end the
following: ‘‘and the State watershed management
program’’; and
(3) by adding at the end the following: ‘‘Fed-
eral agencies that own or manage land, or issue li-
censes for activities that cause nonpoint source pol-
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lution from such land, shall coordinate their
nonpoint source control measures with the State
nonpoint source management program and the State
watershed management program. A Federal agency
and the Governor of an affected State shall enter
into a memorandum of understanding to carry out
the purposes of this paragraph. Such a memoran-
dum of understanding shall not relieve the Federal
agency of the agency’s obligation to comply with its
own mandates.’’.
(j) REPORTS OF THE ADMINISTRATOR.—
(1) BIENNIAL REPORTS.—Section 319(m)(1) is
amended—
(A) in the paragraph heading by striking
‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; and
(B) by striking ‘‘1988, and each January
1’’ and inserting ‘‘1995, and biennially’’.
(2) CONTENTS.—Section 319(m)(2) is amend-
ed—
(A) by striking the paragraph heading and
all that follows before ‘‘at a minimum’’ and in-
serting ‘‘CONTENTS.—Each report submitted
under paragraph (1),’’;
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(B) in subparagraph (A) by striking ‘‘best
management practices’’ and inserting ‘‘meas-
ures’’; and
(C) in subparagraph (B) by striking ‘‘best
management practices’’ and inserting ‘‘the
measures provided by States under subsection
(b)’’.
(k) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—
Section 319(n) is amended by striking ‘‘less’’ and insert-
ing ‘‘more’’.
(l) GUIDANCE ON MODEL MANAGEMENT PRACTICES
AND MEASURES.—Section 319 is further amended by add-
ing at the end the following:
‘‘(o) GUIDANCE
ON MODEL MANAGEMENT PRAC-
TICES AND MEASURES.—
‘‘(1) IN
GENERAL.—The Administrator shall
publish guidance to identify model management
practices and measures which may be undertaken, at
the discretion of the State or appropriate entity,
under a management program established pursuant
to this section.
‘‘(2) CONSULTATION; PUBLIC NOTICE AND COM-
MENT.—The Administrator shall develop the model
management practices and measures under para-
graph (1) in consultation with the National Oceanic
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and Atmospheric Administration, other appropriate
Federal and State departments and agencies, and
academic institutions, private industry experts, and
other individual experts in water conservation and
planning, and after providing notice and opportunity
for public comment.
‘‘(3) PUBLICATION.—The Administrator shall
publish proposed guidance under this subsection not
later than 6 months after the date of the enactment
of this subsection and shall publish final guidance
under this subsection not later than 18 months after
such date of enactment. The Administrator shall pe-
riodically review and revise the final guidance at
least once every 3 years after its publication.
‘‘(4) MODEL
MANAGEMENT
PRACTICES
AND
MEASURES DEFINED.—For the purposes of this sub-
section, the term ‘model management practices and
measures’ means economically achievable measures
for the control of the addition of pollutants from
nonpoint sources of pollution which reflect the great-
est degree of pollutant reduction achievable through
the application of the best available nonpoint pollu-
tion control practices, technologies, processes, siting
criteria, operating methods, or other alternatives.
The Administrator may distinguish among classes,
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types, and sizes within any category of nonpoint
sources.’’.
(m) INADEQUATE FUNDING.—Section 319 is further
amended by adding at the end the following:
‘‘(p) INADEQUATE FUNDING.—For each fiscal year
beginning after the date of the enactment of this sub-
section for which the total of amounts appropriated to
carry out this section are less than the total of amounts
authorized to be appropriated pursuant to subsection (h),
the deadline for compliance with any requirement of this
section, including any deadline relating to assessment re-
ports or State program implementation or monitoring ef-
forts, shall be postponed by 1 year, unless the Adminis-
trator and the State jointly certify that the amounts ap-
propriated are sufficient to meet the requirements of this
section.’’.
(n) COASTAL ZONE MANAGEMENT.—Section 6217 of
the Coastal Zone Act Reauthorization Amendments of
1990 (16 U.S.C. 1451 note) is amended—
(1) in subsection (a)(1)—
(A) by inserting ‘‘(A)’’ after ‘‘PROGRAM
DEVELOPMENT.—’’; and
(B) by adding at the end the following:
‘‘(B) A State that has not received Federal ap-
proval for the State’s core coastal management pro-
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gram pursuant to section 306 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455) shall
have 30 months from the date of approval of such
program to submit a Coastal Nonpoint Pollution
Program pursuant to this section. Any such State
shall also be eligible for any extension of time for
submittal of the State’s nonpoint program that may
be received by a State with a federally approved
coastal management program.’’;
(2) in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘to protect coastal waters
generally’’ and inserting ‘‘to restore and protect
coastal waters where the State has determined that
coastal waters are threatened or significantly de-
graded’’;
(3) in subsection (b)(3)—
(A) by striking ‘‘The implementation’’ and
inserting ‘‘A schedule for the implementation’’;
and
(B) by inserting ‘‘, and no less often than
once every 5 years,’’ after ‘‘from time to time’’;
(4) in subsection (b) by adding at the end the
following:
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‘‘(8) IDENTIFICATION OF PRIORITY AREAS.—A
prioritization of the areas in the State in which
management measures will be implemented.’’;
(5) in subsection (c) by adding at the end the
following:
‘‘(5) CONDITIONAL APPROVAL.—The Secretary
and Administrator may grant conditional approval to
a State’s program where the State requests addi-
tional time to complete the development of its pro-
gram. During the period during which the State’s
program is subject to conditional approval, the pen-
alty provisions of paragraphs (3) and (4) shall not
apply.’’;
(6) in subsection (h)(1) by striking ‘‘, 1993,
and 1994’’ and inserting ‘‘through 2000’’; and
(7) in subsection (h)(2)(B)(iv) by striking ‘‘fis-
cal year 1995’’ and inserting ‘‘each of fiscal years
1995 through 2000’’.
(o) AGRICULTURAL INPUTS.—Section 319 is further
amended by adding at the end the following:
‘‘(q) AGRICULTURAL INPUTS.—For the purposes of
this Act, any land application of agricultural inputs, in-
cluding livestock manure, shall not be considered a point
source and shall be subject to enforcement only under this
section.’’.
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(p) PURPOSE.—Section 319 (33 U.S.C. 1329) is fur-
ther amended by adding at the end the following:
‘‘(r) PURPOSE.—The purpose of this section is to as-
sist States in addressing nonpoint sources of pollution
where necessary to achieve the goals and requirements of
this Act. It is recognized that State nonpoint source pro-
grams need to be built upon a foundation that voluntary
initiatives represent the approach most likely to succeed
in achieving the objectives of this Act.’’.
(q) CONTROL OF SALT WATER INTRUSION.—Section
319 is further amended by adding at the end the following:
‘‘(s) CONTROL OF SALT WATER INTRUSION.—Noth-
ing in this section authorizes the Administrator to require
a State to identify or establish procedures and methods
to control salt water intrusion beyond what is provided for
in section 208(b)(2)(I).’’.
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) TECHNICAL AMENDMENT.—Section 320(a)(2)(B)
(33 U.S.C. 1330(a)(2)(B)) is amended to read as follows:
‘‘(B) PRIORITY CONSIDERATION.—The Ad-
ministrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay,
Rhode Island; Buzzards Bay, Massachusetts;
Massachusetts Bay, Massachusetts (including
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Cape Cod Bay and Boston Harbor); Puget
Sound, Washington; New York-New Jersey
Harbor, New York and New Jersey; Delaware
Bay, Delaware and New Jersey; Delaware In-
land Bays, Delaware; Albemarle Sound, North
Carolina; Sarasota Bay, Florida; San Francisco
Bay, California; Santa Monica Bay, California;
Galveston Bay, Texas; Barataria-Terrebonne
Bay estuary complex, Louisiana; Indian River
Lagoon, Florida; Charlotte Harbor, Florida;
Barnegat Bay, New Jersey; and Peconic Bay,
New York.’’.
(b) 
GRANTS.—Section 
320(g)(2) 
(33 
U.S.C.
1330(g)(2)) is amended by inserting ‘‘and implementation
monitoring’’ after ‘‘development’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
320(i) (33 U.S.C. 1330(i)) is amended by striking ‘‘1987’’
and all that follows through ‘‘1991’’ and inserting the fol-
lowing: ‘‘1987 through 1991, such sums as may be nec-
essary for fiscal years 1992 through 1995, and
$19,000,000 per fiscal year for each of fiscal years 1996
through 2000’’.
SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.
(a) ESTABLISHMENT.—Title III (33 U.S.C. 1311–
1330) is amended by adding at the end the following:
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‘‘SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.
‘‘(a) 
STATE
WATERSHED
MANAGEMENT
PRO-
GRAM.—
‘‘(1) SUBMISSION
OF
PROGRAM
TO
ADMINIS-
TRATOR.—A State, at any time, may submit a wa-
tershed management program to the Administrator
for approval.
‘‘(2) APPROVAL.—If the Administrator does not
disapprove a State watershed management program
within 180 days of its submittal or 240 days of a
request for a public hearing pursuant to paragraph
(3) with respect to the program, whichever is later,
such program shall be deemed approved for the pur-
poses of this section. The Administrator shall ap-
prove the program if the program includes, at a
minimum, the following elements:
‘‘(A) The identification of the State agency
with primary responsibility for overseeing and
approving watershed management plans in gen-
eral.
‘‘(B) The description of any responsible
entities (including any appropriate State agency
or substate agency) to be utilized in implement-
ing the program and a description of their re-
sponsibilities.
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‘‘(C) A description of the scope of the pro-
gram. In establishing the scope of the program,
the State may address one or more watersheds,
or pollutants, concurrently or sequentially. The
scope of the State program may expand over
time with respect to the watersheds, pollutants,
and factors to be addressed under the program.
In developing the State program, the State
shall take into account all regional and local
government watershed management programs
that are consistent with the proposed State pro-
gram and shall consult with the regional and
local governments that developed such pro-
grams. The State shall consider recommenda-
tions from units of general purpose government,
special purpose districts, local water suppliers,
and appropriate water management agencies in
the development and scope of the program.
‘‘(D) Provisions for carrying out an analy-
sis, consistent with the established scope of the
program, of the problems within each watershed
covered under the program.
‘‘(E) An identification of watershed man-
agement units for which management plans will
be developed, taking into consideration those
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waters where water quality is threatened or im-
paired or otherwise in need of special protec-
tion. A watershed management unit identified
under the program may include waters and as-
sociated land areas in more than 1 State if the
Governors of the States affected jointly des-
ignate the watershed management unit and may
include waters and associated lands managed or
owned by the Federal Government.
‘‘(F) A description of the activities re-
quired of responsible entities (as specified under
subsection (e)(1)) and a description of the wa-
tershed plan approval process of the State.
‘‘(G) Documentation of the public partici-
pation in development of the program and de-
scription of the procedures that will be used for
public participation in the development and im-
plementation of watershed plans.
‘‘(H) The identification of goals that will
be pursued in each watershed, including attain-
ment of State water quality standards (includ-
ing site-specific water quality standards) and
the goals and objectives of this Act.
‘‘(I) An exclusion from the program of fed-
erally approved activities with respect to linear
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utility facilities, such as natural gas pipelines if
such facilities extend to multiple watersheds
and result in temporary or de minimis impacts.
‘‘(J) A description of the process for con-
sideration of and achieving consistency with the
purposes of sections 319 and 322.
‘‘(3) DISAPPROVAL PROCESS.—If the Adminis-
trator intends to disapprove a program of a State
submitted under this subsection, the Administrator
shall by a written notification advise the State of the
intent to disapprove and the reasons for disapproval.
If, within 30 days of receipt of such notice, a State
so requests, the Administrator shall conduct a public
hearing in the State on the intent to disapprove and
the reasons for such disapproval. A State may re-
submit a revised program that addresses the reasons
contained in the notification. If a State requests a
public hearing, the Administrator shall conduct the
hearing in that State and issue a final determination
within 240 days of receipt of the State watershed
management program submittal.
‘‘(4) MODIFICATION OF PROGRAM.—Each State
with a watershed management program that has
been approved by the Administrator under this sec-
tion may, at any time, modify the watershed man-
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agement program. Any such modification shall be
submitted to the Administrator and shall remain in
effect unless and until the Administrator determines
that the modified program no longer meets the re-
quirements of this section. In such event, the provi-
sions of paragraph (3) shall apply.
‘‘(5) STATUS REPORTS.—Each State with a wa-
tershed management program that has been ap-
proved by the Administrator pursuant to this sub-
section shall, not later than 1 year after the date of
approval, and annually thereafter, submit to the Ad-
ministrator an annual watershed program summary
status report that includes descriptions of any modi-
fications to the program. The status report shall in-
clude a listing of requests made for watershed plan
development and a listing of plans prepared and
submitted by local or regional entities and the ac-
tions taken by the State on such plans including the
reasons for those actions. In consultation and co-
ordination with the Administrator, a State may use
the report to satisfy, in full or in part, any reporting
requirements under sections 106, 303(d), 305(b),
314, 319, 320, 322, and 604(b).
‘‘(b) WATERSHED AREA IN 2 OR MORE STATES.—
If a watershed management unit is designated to include
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land areas in more than 1 State, the Governors of States
having jurisdiction over any lands within the watershed
management unit shall jointly determine the responsible
entity or entities.
‘‘(c) ELIGIBLE
WATERSHED
MANAGEMENT
AND
PLANNING ACTIVITIES.—
‘‘(1) IN GENERAL.—In addition to activities eli-
gible to receive assistance under other sections of
this Act as of the date of the enactment of this sub-
section, the following watershed management activi-
ties conducted by or on behalf of the States pursu-
ant to a watershed management program that is ap-
proved by the Administrator under this section shall
be considered to be eligible to receive assistance
under sections 106, 205(j), 319(h), 320, and 604(b):
‘‘(A) Characterizing the waters and land
uses.
‘‘(B) Identifying and evaluating problems
within the watershed.
‘‘(C) Selecting short-term and long-term
goals for watershed management.
‘‘(D) Developing and implementing water
quality standards, including site-specific water
quality standards.
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‘‘(E) Developing and implementing meas-
ures and practices to meet identified goals.
‘‘(F) Identifying and coordinating projects
and activities necessary to restore or maintain
water quality or other related environmental ob-
jectives within the watershed.
‘‘(G) Identifying the appropriate institu-
tional arrangements to carry out a watershed
management plan that has been approved or
adopted by the State under this section.
‘‘(H) Updating the plan.
‘‘(I) Conducting training and public par-
ticipation activities.
‘‘(J) Research to study benefits of existing
watershed program plans and particular aspects
of the plans.
‘‘(K) Implementing any other activity con-
sidered appropriate by the Administrator or the
Governor of a State with an approved program.
‘‘(2) FACTORS TO BE CONSIDERED.—In select-
ing watershed management activities to receive as-
sistance pursuant to paragraph (1), the following
factors shall be considered:
‘‘(A) Whether or not the applicant has
demonstrated success in addressing water qual-
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ity problems with broadbased regional support,
including public and private sources.
‘‘(B) Whether the activity will promote wa-
tershed problem prioritization.
‘‘(C) Whether or not the applicant can
demonstrate an ability to use Federal resources
to leverage non-Federal public and private mon-
etary and in-kind support from voluntary con-
tributions, including matching and cost sharing
incentives.
‘‘(D) Whether or not the applicant pro-
poses to use existing public and private pro-
grams to facilitate water quality improvement
with the assistance to be provided pursuant to
paragraph (1).
‘‘(E) Whether or not such assistance will
be used to promote voluntary activities, includ-
ing private wetlands restoration, mitigation
banking, and pollution prevention to achieve
water quality standards.
‘‘(F) Whether or not such assistance will
be used to market mechanisms to enhance ex-
isting programs.
‘‘(d) PUBLIC PARTICIPATION.—Each State shall es-
tablish procedures to encourage the public to participate
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in its program and in developing and implementing com-
prehensive watershed management plans under this sec-
tion. A State watershed management program shall in-
clude a process for public involvement in watershed man-
agement, to the maximum extent practicable, including the
formation and participation of public advisory groups dur-
ing State watershed program development. States must
provide adequate public notice and an opportunity to com-
ment on the State watershed program prior to submittal
of the program to the Administrator for approval.
‘‘(e) APPROVED OR STATE-ADOPTED PLANS.—
‘‘(1) REQUIREMENTS.—A State with a water-
shed management program that has been approved
by the Administrator under this section may approve
or adopt a watershed management plan if the plan
satisfies the following conditions:
‘‘(A) If the watershed includes waters that
are not meeting water quality standards at the
time of submission, the plan—
‘‘(i) identifies the objectives of the
plan, including, at a minimum, State water
quality standards (including site-specific
water quality standards) and goals and ob-
jectives under this Act;
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‘‘(ii) identifies pollutants, sources, ac-
tivities, and any other factors causing the
impairment of the waters;
‘‘(iii) identifies cost effective actions
that are necessary to achieve the objectives
of the plan, including reduction of pollut-
ants to achieve any allocated load reduc-
tions consistent with the requirements of
section 303(d), and the priority for imple-
menting the actions;
‘‘(iv) 
contains 
an 
implementation
schedule with milestones and the identi-
fication of persons responsible for imple-
menting the actions;
‘‘(v) demonstrates that water quality
standards and other goals and objectives of
this Act will be attained as expeditiously as
practicable but not later than any applica-
ble deadline under this Act;
‘‘(vi) contains documentation of the
public participation in the development of
the plan and a description of the public
participation process that will be used dur-
ing the plan implementation;
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‘‘(vii) specifies a process to monitor
and evaluate progress toward meeting of
the goals of the plan; and
‘‘(viii) specifies a process to revise the
plan as necessary.
‘‘(B) For waters in the watershed attain-
ing water quality standards at the time of sub-
mission (including threatened waters), the plan
identifies the projects and activities necessary
to maintain water quality standards and attain
or maintain other goals after the date of ap-
proval or adoption of the plan.
‘‘(2) TERMS
OF
APPROVED
OR
ADOPTED
PLAN.—Each plan that is approved or adopted by a
State under this subsection shall be effective for a
period of not more than 10 years and include a plan-
ning and implementation schedule with milestones
within that period. A revised and updated plan may
be approved or adopted by the State prior to the ex-
piration of the period specified in the plan pursuant
to the same conditions and requirements that apply
to an initial plan for a watershed approved under
this subsection.
‘‘(f) GUIDANCE.—Not later than 1 year after the date
of the enactment of this section, the Administrator, after
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consultation with the States and other interested parties,
shall issue guidance on provisions that States may con-
sider for inclusion in watershed management programs
and State-approved or State-adopted watershed manage-
ment plans under this section.
‘‘(g) POLLUTANT TRANSFER OPPORTUNITIES.—
‘‘(1) 
POLLUTANT
TRANSFER
PILOT
PROJECTS.—Under an approved watershed manage-
ment program, any discharger or source may apply
to a State for approval to offset the impact of its
discharge or release of a pollutant by entering into
arrangements, including the payment of funds, for
the implementation of controls or measures by an-
other discharger or source through a pollution re-
duction credits trading program established as part
of the watershed management plan. The State may
approve such a request if appropriate safeguards are
included to ensure compliance with technology based
controls and to protect the quality of receiving wa-
ters.
‘‘(2) INCENTIVE GRANTS.—The Administrator
shall allocate sums made available by appropriations
to carry out pollution reduction credits trading pro-
grams in selected watersheds throughout the coun-
try.
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‘‘(3) REPORT.—Not later than 36 months after
the date of the enactment of this Act, the Adminis-
trator shall transmit to Congress a report on the re-
sults of the program conducted under this sub-
section.’’.
(b) INCENTIVES FOR WATERSHED MANAGEMENT.—
(1) POINT SOURCE PERMITS.—Section 402 (33
U.S.C. 1342) is further amended by adding at the
end the following:
‘‘(r) WATERSHED MANAGEMENT.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act, a permit may be issued under
this section with a limitation that does not meet ap-
plicable water quality standards if—
‘‘(A) the receiving water is in a watershed
with a watershed management plan that has
been approved pursuant to section 321;
‘‘(B) the plan includes assurances that
water quality standards will be met within the
watershed by a specified date; and
‘‘(C) the point source does not have a his-
tory of significant noncompliance with its efflu-
ent limitations under a permit issued under this
section, as determined by the Administrator or
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a State with authority to issue permits under
this section.
‘‘(2) SYNCHRONIZED
PERMIT
TERMS.—Not-
withstanding subsection (b)(1)(B), the term of a
permit issued under this section may be extended for
an additional period if the discharge is located in a
watershed management unit for which a watershed
management plan will be developed pursuant to sec-
tion 321. Permits extended under this paragraph
shall be synchronized with the approval of the water-
shed management plan of a State adopted pursuant
to section 321.’’.
(2) MULTIPURPOSE GRANTS.—
(A) IN GENERAL.—The Administrator may
provide assistance to a State with a watershed
management program that has been approved
by the Administrator under section 321 in the
form of a multipurpose grant that would pro-
vide for single application, work plan and re-
view, matching, oversight, and end-of-year
closeout requirements for grant funding under
sections 104(b)(3), 104(g), 106, 314(b), 319,
320, and 604(b) of the Federal Water Pollution
Control Act.
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(B) TERMS.—The Administrator may at-
tach terms that shall apply for more than 1
year to grants made pursuant to this para-
graph. A State that receives a grant under this
paragraph may focus activities funded under
the provisions referred to in subparagraph (A)
on a priority basis in a manner consistent with
watershed management plans approved by the
State under section 321(e) of the Federal
Water Pollution Control Act.
(3) PLANNING.—Section 604(b) (33 U.S.C.
1384(b)) is amended by adding at the end the fol-
lowing: ‘‘In any fiscal year in which a State is imple-
menting a State watershed management program
approved under section 321, the State may reserve
up to an additional 2 percent of the sums allotted
to the State for such fiscal year for development of
watershed management plans under such program
or $200,000, whichever is greater, if 50 percent of
the amount reserved under this sentence will be
made available to local entities.’’.
SEC. 322. STORMWATER MANAGEMENT PROGRAMS.
(a) STATE PROGRAMS.—Title III (33 U.S.C. 1311 et
seq.) is further amended by adding at the end the follow-
ing new section:
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‘‘SEC. 322. STORMWATER MANAGEMENT PROGRAMS.
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist States in the development and implementation of
stormwater control programs in an expeditious and cost
effective manner so as to enable the goals and require-
ments of this Act to be met in each State no later than
15 years after the date of approval of the stormwater man-
agement program of the State. It is recognized that State
stormwater management programs need to be built on a
foundation that voluntary pollution prevention initiatives
represent an approach most likely to succeed in achieving
the objectives of this Act.
‘‘(b) STATE ASSESSMENT REPORTS.—
‘‘(1) CONTENTS.—After notice and opportunity
for public comment, the Governor of each State, con-
sistent with or as part of the assessment required by
section 319, shall prepare and submit to the Admin-
istrator for approval, a report which—
‘‘(A) identifies those navigable waters with-
in the State which, without additional action to
control pollution from stormwater discharges,
cannot reasonably be expected to attain or
maintain applicable water quality standards or
the goals and requirements of this Act;
‘‘(B) 
identifies 
those 
categories 
and
subcategories of stormwater discharges that add
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significant pollution to each portion of the navi-
gable waters identified under subparagraph (A)
in amounts which contribute to such portion
not meeting such water quality standards or
such goals and requirements;
‘‘(C) describes the process, including inter-
governmental coordination and public participa-
tion, for identifying measures to control pollu-
tion from each category and subcategory of
stormwater discharges identified in subpara-
graph (B) and to reduce, to the maximum ex-
tent practicable, the level of pollution resulting
from such discharges; and
‘‘(D) identifies and describes State, local,
and as may be appropriate, industrial programs
for controlling pollution added from stormwater
discharges to, and improving the quality of,
each such portion of the navigable waters.
‘‘(2) INFORMATION USED IN PREPARATION.—In
developing, reviewing, and revising the report re-
quired by this subsection, the State—
‘‘(A) may rely upon information developed
pursuant to sections 208, 303(e), 304(f),
305(b), 314, 319, 320, and 321 and subsection
(h) of this section, information developed from
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the group stormwater permit application proc-
ess in effect under section 402(p) of this Act on
the day before the date of the enactment of this
Act, and such other information as the State
determines is appropriate; and
‘‘(B) may utilize appropriate elements of
the waste treatment management plans devel-
oped pursuant to sections 208(b) and 303, to
the extent such elements are consistent with
and fulfill the requirements of this section.
‘‘(3) REVIEW AND REVISION.—Not later than
18 months after the date of the enactment of the
Clean Water Amendments of 1995, and every 5
years thereafter, the State shall review, revise, and
submit to the Administrator the report required by
this subsection.
‘‘(c) STATE MANAGEMENT PROGRAMS.—
‘‘(1) IN GENERAL.—In substantial consultation
with local governments and after notice and oppor-
tunity for public comment, the Governor of each
State for the State or in combination with the Gov-
ernors of adjacent States shall prepare, based on
available information, and submit to the Adminis-
trator for approval a stormwater management pro-
gram—
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‘‘(A) that controls pollution added from
stormwater discharges to the navigable waters
within the boundaries of the State and improves
the quality of such waters; and
‘‘(B) that the State proposes to establish
and administer under State law or interstate
compact to apply and assure compliance with
this section.
The initial program submission must meet the re-
quirements of this subsection and specifically ad-
dress the first 5 fiscal years beginning after the date
of submission of such management program.
‘‘(2) SPECIFIC CONTENTS.—Each management
program proposed for implementation under this
subsection shall include the following:
‘‘(A) IDENTIFICATION OF MODEL MANAGE-
MENT PRACTICES AND MEASURES.—Identifica-
tion of the model management practices and
measures which will be undertaken to reduce
pollutant loadings resulting from each category
or subcategory of stormwater discharges des-
ignated under subsection (b)(1)(B), taking into
account the impact of the practice and measure
on ground water quality.
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‘‘(B) IDENTIFICATION OF PROGRAMS AND
RESOURCES.—Identification of programs and
resources necessary (including, as appropriate,
nonregulatory programs or regulatory pro-
grams, enforceable policies and mechanisms,
technical assistance, financial assistance, edu-
cation, training, technology transfer, and dem-
onstration projects) to manage categories or
subcategories of stormwater discharges to the
degree necessary to provide for reasonable fur-
ther progress toward the goal of attainment of
water quality standards which contain the
stormwater criteria for designated uses of re-
ceiving waters identified under subsection
(b)(1)(A) taking into consideration specific wa-
tershed conditions, by not later than the last
day of the 15-year period beginning on the date
of approval of the State program.
‘‘(C) PROGRAM FOR INDUSTRIAL, COMMER-
CIAL, OIL, GAS, AND MINING DISCHARGES.—A
program for categories or subcategories of in-
dustrial, commercial, oil, gas, and mining
stormwater discharges identified under sub-
section (b)(1)(B) for the implementation of
management practices, measures, and programs
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identified under subparagraphs (A) and (B).
The program shall include each of the following:
‘‘(i) VOLUNTARY
ACTIVITIES.—Vol-
untary stormwater pollution prevention ac-
tivities for categories and subcategories of
such stormwater discharges that are not
contaminated by contact with material
handling equipment or activities, heavy in-
dustrial machinery, raw materials, inter-
mediate products, finished products, by-
products, or waste products at the site of
the industrial, commercial, oil, gas, or min-
ing activity. Such discharges may have in-
cidental contact with buildings or motor
vehicles.
‘‘(ii) 
ENFORCEABLE
PLANS.—En-
forceable stormwater pollution prevention
plans meeting the requirements of sub-
section (d) for those categories and
subcategories of such stormwater dis-
charges that are not described in clause
(i).
‘‘(iii) GENERAL
PERMITS.—General
permits for categories and subcategories of
such stormwater discharges if the State
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finds, based on available information and
after providing notice and an opportunity
for comment, that reasonable further
progress toward achieving water quality
standards in receiving waters identified by
the State by the date referred to in sub-
paragraph (B) cannot be made despite im-
plementation of voluntary activities under
clause (i) or prevention plans under clause
(ii) due to the presence of a pollutant or
pollutants identified by the State. A facil-
ity in a category or subcategory identified
by the State shall not be subject to a gen-
eral permit under this clause if the facility
demonstrates that stormwater discharges
from the facility are not contributing to a
violation of a water quality standard estab-
lished for designated uses of the receiving
waters and are not significantly contribut-
ing the pollutant or pollutants identified by
the State with respect to the receiving wa-
ters under this clause.
‘‘(iv) SITE-SPECIFIC
PERMITS.—Site-
specific 
permits 
for 
categories 
or
subcategories of such stormwater dis-
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charges or individual facilities in such cat-
egories or subcategories if the State finds,
based on available information and after
providing notice and an opportunity for
comment, that reasonable further progress
toward achieving water quality standards
in receiving waters identified by the State
by the date referred to in subparagraph
(B) cannot be made despite implementa-
tion of voluntary activities under clause (i)
or prevention plans under clause (ii) and
general permits under clause (iii) due to
the presence of a pollutant or pollutants
identified by the State. A facility in a cat-
egory or subcategory identified by the
State shall not be subject to a site-specific
permit under this clause if the facility
demonstrates that stormwater discharges
from the facility are not contributing to a
violation of a water quality standard estab-
lished for designated uses of the receiving
waters and are not significantly contribut-
ing the pollutant or pollutants identified by
the State with respect to the receiving wa-
ters under this clause.
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‘‘(v) EXEMPTION
OF
SMALL
BUSI-
NESSES.—An exemption for small busi-
nesses 
identified 
under 
subsection
(b)(1)(B) from clause (iii), relating to gen-
eral permits, and clause (iv), relating to
site-specific permits, unless the State finds
that, without the imposition of such per-
mits, such discharges will have a signifi-
cant adverse effect on water quality.
‘‘(D) PROGRAM
FOR
MUNICIPAL
DIS-
CHARGES.—A 
program 
for 
municipal
stormwater discharges identified under sub-
section (b)(1)(B) to reduce pollutant loadings
from categories and subcategories of municipal
stormwater discharges.
‘‘(E) PROGRAM
FOR
CONSTRUCTION
AC-
TIVITIES.—A 
program 
for 
categories 
and
subcategories of stormwater discharges from
construction activities identified under sub-
section (b)(1)(B) for implementation of man-
agement practices, measures, and programs
identified under subparagraphs (A) and (B). In
developing the program, the State shall consider
current State and local requirements, focus on
pollution prevention through the use of model
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management practices and measures, and take
into account the land area disturbed by the con-
struction activities. The State may require ef-
fluent limits or other numerical standards to
control pollutants in stormwater discharges
from construction activities only if the State
finds, after providing notice and an opportunity
for comment, that such standards are necessary
to achieve water quality standards by the date
referred to in subparagraph (B).
‘‘(F) BAD ACTOR PROVISIONS.—Provisions
for taking any actions deemed necessary by the
State to meet the goals and requirements of
this section with respect to dischargers which
the State identifies, after notice and oppor-
tunity for hearing—
‘‘(i) as having a history of stormwater
noncompliance under this Act, State law,
or the regulations issued thereunder or the
terms and conditions of permits, orders, or
administrative actions issued pursuant
thereto; or
‘‘(ii) as posing an imminent threat to
human health and the environment.
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‘‘(G) SCHEDULE.—A schedule containing
interim goals and milestones for making reason-
able progress toward the attainment of stand-
ards as set forth in subparagraph (B) estab-
lished for the designated uses of receiving wa-
ters, taking into account specific watershed con-
ditions, which may be demonstrated by one or
any combination of improvements in water
quality (including biological indicators), docu-
mented implementation of voluntary stormwater
discharge control measures, or adoption of en-
forceable stormwater discharge control meas-
ures.
‘‘(H) CERTIFICATION
OF
ADEQUATE
AU-
THORITY.—
‘‘(i) IN GENERAL.—A certification by
the Attorney General of the State or
States (or the chief attorney of any State
water pollution control agency that has au-
thority under State law to make such cer-
tification) that the laws of the State or
States, as the case may be, provide ade-
quate authority to implement such man-
agement program or, if there is not such
adequate authority, a list of such addi-
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tional authorities as will be necessary to
implement such management program.
‘‘(ii) COMMITMENT.—A schedule for
seeking, and a commitment by the State or
States to seek, such additional authorities
as expeditiously as practicable.
‘‘(I) IDENTIFICATION OF FEDERAL FINAN-
CIAL
ASSISTANCE
PROGRAMS.—An identifica-
tion of Federal financial assistance programs
and Federal development projects for which the
State will review individual assistance applica-
tions or development projects for their effect on
water quality pursuant to the procedures set
forth in Executive Order 12372 as in effect on
September 17, 1983, to determine whether such
assistance applications or development projects
would be consistent with the program prepared
under this subsection; for the purposes of this
subparagraph, identification shall not be limited
to the assistance programs or development
projects subject to Executive Order 12372 but
may include any programs listed in the most re-
cent Catalog of Federal Domestic Assistance
which may have an effect on the purposes and
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objectives of the State’s stormwater manage-
ment program.
‘‘(J) MONITORING.—A description of the
monitoring of navigable waters or other assess-
ment which will be carried out under the pro-
gram for the purposes of monitoring and as-
sessing the effectiveness of the program, includ-
ing the attainment of interim goals and mile-
stones.
‘‘(K) IDENTIFICATION OF CERTAIN INCON-
SISTENT FEDERAL ACTIVITIES.—An identifica-
tion of activities on Federal lands in the State
that are inconsistent with the State manage-
ment program.
‘‘(L) IDENTIFICATION
OF
GOALS
AND
MILESTONES.—An identification of goals and
milestones for progress in attaining water qual-
ity standards, including a projected date for at-
taining such standards as expeditiously as prac-
ticable but not later than 15 years after the
date of approval of the State program for each
of the waters listed pursuant to subsection (b).
‘‘(3) UTILIZATION OF LOCAL AND PRIVATE EX-
PERTS.—In developing and implementing a manage-
ment program under this subsection, a State shall,
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to the maximum extent practicable, involve local
public and private agencies and organizations which
have expertise in stormwater management.
‘‘(4) DEVELOPMENT ON WATERSHED BASIS.—A
State shall, to the maximum extent practicable, de-
velop and implement a stormwater management pro-
gram under this subsection on a watershed-by-water-
shed basis within such State.
‘‘(5) REGULATIONS
DEFINING
SMALL
BUSI-
NESSES.—Working in conjunction with the Adminis-
trator of the Small Business Administration and the
Small Business Ombudsman of the Environmental
Protection Agency, the Administrator shall propose,
not later than 6 months after the date of the enact-
ment of this section, and issue, not later than 1 year
after the date of such enactment, regulations to de-
fine small businesses for purposes of this section.
‘‘(d) 
STORMWATER
POLLUTION
PREVENTION
PLANS.—
‘‘(1) 
IMPLEMENTATION
DEADLINE.—Each
stormwater pollution prevention plan required under
subsection (c)(2)(C)(ii) shall be implemented not
later than 180 days after the date of its development
and shall be annually updated.
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‘‘(2) PLAN CONTENTS.—Each stormwater pol-
lution prevention plan required under subsection
(c)(2)(C)(ii) shall include the following components:
‘‘(A) Establishment and appointment of a
stormwater pollution prevention team.
‘‘(B) Description of potential pollutant
sources.
‘‘(C) An annual site inspection evaluation.
‘‘(D) An annual visual stormwater dis-
charge inspection.
‘‘(E) Measures and controls for reducing
stormwater pollution, including, at a minimum,
model management practices and measures that
are flexible, technologically feasible, and eco-
nomically practicable. For purposes of this
paragraph, the term ‘model management prac-
tices and measures’ means preventive mainte-
nance, good housekeeping, spill prevention and
response, employee training, and sediment and
erosion control.
‘‘(F) Prevention of illegal discharges of
nonstormwater through stormwater outfalls.
‘‘(3) CERTIFICATION.—Each facility subject to
subsection (c)(2)(C)(ii) shall certify to the State that
it has implemented a stormwater pollution preven-
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tion plan or a State or local equivalent and that the
plan is intended to reduce possible pollutants in the
facility’s stormwater discharges. The certification
must be signed by a responsible officer of the facility
and must be affixed to the plan subject to review by
the appropriate State program authority. If a facil-
ity makes such a certification, such facility shall not
be subject to permit or permit application require-
ments, mandatory model management practices and
measures, analytical monitoring, effluent limitations
or other numerical standards or guidelines under
subsection (c)(2)(C)(ii).
‘‘(4) PLAN ADEQUACY.—The State stormwater
management program shall set forth the basis upon
which the adequacy of a plan prepared by a facility
subject to subsection (c)(2)(C)(ii) will be determined.
In making such determination, the State shall con-
sider benefits to the environment, physical require-
ments, technological feasibility and economic costs,
human health or safety, and nature of the activity
at the facility or site. If, upon review of a
stormwater pollution prevention plan, the State de-
termines that the plan is inadequate, the State may
require the facility to modify the plan.
‘‘(e) ADMINISTRATIVE PROVISIONS.—
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‘‘(1) COOPERATION
REQUIREMENT.—Any re-
port required by subsection (b) and any management
program and report required by subsection (c) shall
be developed in cooperation with local, substate, re-
gional, and interstate entities which are responsible
for implementing stormwater management pro-
grams.
‘‘(2) TIME PERIOD FOR SUBMISSION OF MAN-
AGEMENT PROGRAMS.—Each management program
shall be submitted to the Administrator within 30
months of the issuance by the Administrator of the
final guidance under subsection (l) and every 5 years
thereafter. Each program submission after the initial
submission following the date of the enactment of
the Clean Water Amendments of 1995 shall include
a demonstration of reasonable further progress to-
ward the goal of attaining water quality standards
as set forth in subsection (c)(2) established for des-
ignated uses of receiving waters taking into account
specific watershed conditions by not later than the
date referred to in subsection (b)(2)(B), including a
documentation of the degree to which the State has
achieved the interim goals and milestones contained
in the previous program submission. Such dem-
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onstration shall take into account the adequacy of
Federal funding under this section.
‘‘(3) TRANSITION.—
‘‘(A) IN
GENERAL.—Permits, including
group and general permits, issued pursuant to
section 402(p), as in effect on the day before
the date of the enactment of this section, shall
remain in effect until the effective date of a
State stormwater management program under
this section. Stormwater dischargers shall con-
tinue to implement any stormwater manage-
ment practices and measures required under
such permits until such practices and measures
are modified pursuant to this subparagraph or
pursuant to a State stormwater management
program. Prior to the effective date of a State
stormwater management program, stormwater
dischargers may submit for approval proposed
revised stormwater management practices and
measures to the State, in the case of a State
with an approved program under section 402,
or the Administrator. Upon notice of approval
by the State or the Administrator, the
stormwater discharger shall implement the re-
vised stormwater management practices and
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measures which, for discharges subject to sub-
section (c)(2)(C)(i), (c)(2)(D), or (c)(2)(E),
may be voluntary pollution prevention activities.
A stormwater discharger operating under a per-
mit continued in effect under this subparagraph
shall not be subject to citizens suits under sec-
tion 505.
‘‘(B) 
NEW
FACILITIES.—A 
new
nonmunicipal source of stormwater discharge
subject to a group or general permit continued
in effect under subparagraph (A) shall notify
the State or the Administrator, as appropriate,
of the source’s intent to be covered by and shall
continue to comply with such permit. Until the
effective date of a State stormwater manage-
ment program under this section, the State may
impose enforceable stormwater management
measures and practices on a new nonmunicipal
source of stormwater discharge not subject to
such a permit if the State finds that the
stormwater discharge is likely to pose an immi-
nent threat to human health and the environ-
ment or to pose significant impairment of water
quality standards.
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‘‘(C) SPECIAL RULE.—Industrial facilities
included in a Part 1 group stormwater permit
application approved by the Administrator pur-
suant to section 122.26(c)(2) of title 40, Code
of Federal Regulations, as in effect on the date
of the enactment of this section, may, in lieu of
continued operation under existing permits, cer-
tify to the State or the Administrator, as appro-
priate, that such facilities are implementing a
stormwater pollution prevention plan consistent
with subsection (d). Upon such certification, the
facility will no longer be subject to such permit.
‘‘(D) PRE-1987 PERMITS AND EFFLUENT
GUIDELINES.—Notwithstanding the repeal of
section 402(p) by the Clean Water Amendments
Act of 1995 or any other amendment made to
section 402 on or before the date of the enact-
ment of such Act, a stormwater discharge with
respect to which a permit has been issued under
section 402 before February 4, 1987, or with
respect to which an effluent guideline has been
issued before February 4, 1987 shall not be
subject to the provisions of this section.
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‘‘(E) ANTIBACKSLIDING.—Section 402(o)
shall not apply to any activity carried out in ac-
cordance with this paragraph.
‘‘(f) APPROVAL OR DISAPPROVAL OF REPORTS OR
MANAGEMENT PROGRAMS.—
‘‘(1) DEADLINE.—Subject to paragraph (2),
not later than 180 days after the date of submission
to the Administrator of any report or revised report
or management program under this section, the Ad-
ministrator shall either approve or disapprove such
report or management program, as the case may be.
The Administrator may approve a portion of a man-
agement program under this subsection. If the Ad-
ministrator does not disapprove a report, manage-
ment program, or portion of a management program
in such 180-day period, such report, management
program, or portion shall be deemed approved for
purposes of this section.
‘‘(2) PROCEDURE FOR DISAPPROVAL.—If, after
notice and opportunity for public comment and con-
sultation with appropriate Federal and State agen-
cies and other interested persons, the Administrator
determines that—
‘‘(A) the proposed management program
or any portion thereof does not meet the re-
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quirements of subsection (c) of this section or
is not likely to satisfy, in whole or in part, the
goals and requirements of this Act;
‘‘(B) adequate authority does not exist, or
adequate resources are not available, to imple-
ment such program or portion; or
‘‘(C) the practices and measures proposed
in such program or portion will not result in
reasonable progress toward the goal of attain-
ment of applicable water quality standards as
set forth in subsection (c)(2) established for
designated uses of receiving waters taking into
consideration specific watershed conditions as
expeditiously as possible but not later than 15
years after approval of a State stormwater
management program under this section;
the Administrator shall within 6 months of the re-
ceipt of the proposed program notify the State of
any revisions or modifications necessary to obtain
approval. The State shall have an additional 6
months to submit its revised management program,
and the Administrator shall approve or disapprove
such revised program within 3 months of receipt.
‘‘(3) FAILURE OF STATE TO SUBMIT REPORT.—
If a Governor of a State does not submit a report
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or revised report required by subsection (b) within
the period specified by subsection (e)(2), the Admin-
istrator shall, within 18 months after the date on
which such report is required to be submitted under
subsection (b), prepare a report for such State which
makes the identifications required by paragraphs
(1)(A) and (1)(B) of subsection (b). Upon comple-
tion of the requirement of the preceding sentence
and after notice and opportunity for a comment, the
Administrator shall report to Congress of the actions
of the Administrator under this section.
‘‘(4) FAILURE OF STATE TO SUBMIT MANAGE-
MENT PROGRAM.—
‘‘(A) PROGRAM MANAGEMENT BY ADMINIS-
TRATOR.—Subject to paragraph (5), if a State
fails to submit a management program or re-
vised management program under subsection
(c) or the Administrator does not approve such
management program, the Administrator shall
prepare and implement a management program
for controlling pollution added from stormwater
discharges to the navigable waters within the
State and improving the quality of such waters
in accordance with subsection (c).
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‘‘(B) NOTICE AND HEARING.—If the Ad-
ministrator intends to disapprove a program
submitted by a State the Administrator shall
first notify the Governor of the State, in writ-
ing, of the modifications necessary to meet the
requirements of this section. The Administrator
shall provide adequate public notice and an op-
portunity for a public hearing for all interested
parties.
‘‘(C) STATE REVISION OF ITS PROGRAM.—
If, after taking into account the level of funding
actually provided as compared with the level au-
thorized, the Administrator determines that a
State has failed to demonstrate reasonable fur-
ther progress toward the attainment of water
quality standards as required, the State shall
revise its program within 12 months of that de-
termination in a manner sufficient to achieve
attainment of applicable water quality stand-
ards by the deadline established by this section.
If a State fails to make such a program revision
or the Administrator does not approve such a
revision, the Administrator shall prepare and
implement a stormwater management program
for the State.
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‘‘(5) LOCAL MANAGEMENT PROGRAMS; TECH-
NICAL ASSISTANCE.—If a State fails to submit a
management program under subsection (c) or the
Administrator does not approve such a management
program, a local public agency or organization which
has expertise in, and authority to, control water pol-
lution resulting from nonpoint sources in any area of
such State which the Administrator determines is of
sufficient geographic size may, with approval of such
State, request the Administrator to provide, and the
Administrator shall provide, technical assistance to
such agency or organization in developing for such
area a management program which is described in
subsection (c) and can be approved pursuant to this
subsection. After development of such management
program, such agency or organization shall submit
such management program to the Administrator for
approval.
‘‘(g) INTERSTATE MANAGEMENT CONFERENCE.—
‘‘(1) CONVENING OF CONFERENCE; NOTIFICA-
TION; PURPOSE.—
‘‘(A) CONVENING
OF
CONFERENCE.—If
any portion of the navigable waters in any
State which is implementing a management
program approved under this section is not
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meeting applicable water quality standards or
the goals and requirements of this Act as a re-
sult, in whole or in part, of pollution from
stormwater in another State, such State may
petition the Administrator to convene, and the
Administrator shall convene, a management
conference of all States which contribute signifi-
cant pollution resulting from stormwater to
such portion.
‘‘(B) NOTIFICATION.—If, on the basis of
information available, the Administrator deter-
mines that a State is not meeting applicable
water quality standards or the goals and re-
quirements of this Act as a result, in whole or
in part, of significant pollution from stormwater
in another State, the Administrator shall notify
such States.
‘‘(C) TIME
LIMIT.—The Administrator
may convene a management conference under
this paragraph not later than 180 days after
giving such notification under subparagraph
(B), whether or not the State which is not
meeting such standards requests such con-
ference.
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‘‘(D) PURPOSE.—The purpose of the con-
ference shall be to develop an agreement among
the States to reduce the level of pollution re-
sulting from stormwater in the portion of the
navigable waters and to improve the water qual-
ity of such portion.
‘‘(E) PROTECTION OF WATER RIGHTS.—
Nothing in the agreement shall supersede or ab-
rogate rights to quantities of water which have
been established by interstate water compacts,
Supreme Court decrees, or State water laws.
‘‘(F) LIMITATIONS.—This subsection shall
not apply to any pollution which is subject to
the Colorado River Basin Salinity Control Act.
The requirement that the Administrator con-
vene a management conference shall not be sub-
ject to the provisions of section 505 of this Act.
‘‘(2) STATE MANAGEMENT PROGRAM REQUIRE-
MENT.—To the extent that the States reach agree-
ment through such conference, the management pro-
grams of the States which are parties to such agree-
ments and which contribute significant pollution to
the navigable waters or portions thereof not meeting
applicable water quality standards or goals and re-
quirements of this Act will be revised to reflect such
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agreement. Such management programs shall be
consistent with Federal and State law.
‘‘(h) GRANTS FOR STORMWATER RESEARCH.—
‘‘(1) IN
GENERAL.—To determine the most
cost-effective and technologically feasible means of
improving the quality of the navigable waters and to
develop the criteria required pursuant to subsection
(i), the Administrator shall establish an initiative
through which the Administrator shall fund State
and local demonstration programs and research to—
‘‘(A) 
identify 
adverse 
impacts 
of
stormwater discharges on receiving waters;
‘‘(B) identify the pollutants in stormwater
which cause impact; and
‘‘(C) test innovative approaches to address
the impacts of source controls and model man-
agement practices and measures for runoff
from municipal storm sewers.
Persons conducting demonstration programs and re-
search funded under this subsection shall also take
into account the physical nature of episodic
stormwater 
flows, 
the 
varying 
pollutants 
in
stormwater, the actual risk the flows pose to the
designated beneficial uses, and the ability of natural
ecosystems to accept temporary stormwater events.
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‘‘(2) AWARD
OF
FUNDS.—The Administrator
shall award the demonstration and research program
funds taking into account regional and population
variations.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $20,000,000 per fiscal year for fiscal
years 1996 through 2000. Such sums shall remain
available until expended.
‘‘(4) INADEQUATE FUNDING.—For each fiscal
year beginning after the date of the enactment of
this subsection for which the total amounts appro-
priated to carry out this subsection are less than the
total amounts authorized to be appropriated pursu-
ant to this subsection, any deadlines established
under subsection (c)(2)(L) for compliance with
water quality standards shall be postponed by 1
year.
‘‘(i) COLLECTION OF INFORMATION.—The Adminis-
trator shall collect and make available, through publica-
tions and other appropriate means, information pertaining
to model management practices and measures and imple-
mentation methods, including, but not limited to—
‘‘(1) information concerning the costs and rel-
ative efficiencies of model management practices and
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measures for reducing pollution from stormwater
discharges; and
‘‘(2) available data concerning the relationship
between water quality and implementation of various
management practices to control pollution from
stormwater discharges.
‘‘(j) REPORTS OF ADMINISTRATOR.—
‘‘(1) BIENNIAL REPORTS.—Not later than Jan-
uary 1, 1998, and biennially thereafter, the Adminis-
trator shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the Senate, a report for the preceding
fiscal year on the activities and programs imple-
mented under this section and the progress made in
reducing pollution in the navigable waters resulting
from stormwater discharges and improving the qual-
ity of such waters.
‘‘(2) CONTENTS.—Each report submitted under
paragraph (1), at a minimum shall—
‘‘(A) describe the management programs
being implemented by the States by types of af-
fected 
navigable 
waters, 
categories 
and
subcategories of stormwater discharges, and
types of measures being implemented;
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‘‘(B) describe the experiences of the States
in adhering to schedules and implementing the
measures under subsection (c);
‘‘(C) describe the amount and purpose of
grants awarded pursuant to subsection (h);
‘‘(D) identify, to the extent that informa-
tion is available, the progress made in reducing
pollutant loads and improving water quality in
the navigable waters;
‘‘(E) indicate what further actions need to
be taken to attain and maintain in those navi-
gable waters (i) applicable water quality stand-
ards, and (ii) the goals and requirements of this
Act;
‘‘(F) include recommendations of the Ad-
ministrator concerning future programs (includ-
ing enforcement programs) for controlling pol-
lution from stormwater; and
‘‘(G) identify the activities and programs
of departments, agencies, and instrumentalities
of the United States that are inconsistent with
the stormwater management programs imple-
mented by the States under this section and
recommended modifications so that such activi-
ties and programs are consistent with and as-
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sist the States in implementation of such man-
agement programs.
‘‘(k) GUIDANCE
ON MODEL MANAGEMENT PRAC-
TICES AND MEASURES.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with appropriate Federal, State, and local
departments and agencies, and after providing notice
and opportunity for public comment, shall publish
guidance to identify model management practices
and measures which may be undertaken, at the dis-
cretion of the State or appropriate entity, under a
management program established pursuant to this
section. In preparing such guidance, the Adminis-
trator shall consider integration of a stormwater
management program of a State with, and the rela-
tionship of such program to, the nonpoint source
management program of the State under section
319.
‘‘(2) PUBLICATION.—The Administrator shall
publish proposed guidance under this subsection not
later than 6 months after the date of the enactment
of this subsection and shall publish final guidance
under this subsection not later than 18 months after
such date of enactment. The Administrator shall pe-
riodically review and revise the final guidance upon
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adequate notice and opportunity for public comment
at least once every 3 years after its publication.
‘‘(3) MODEL
MANAGEMENT
PRACTICES
AND
MEASURES DEFINED.—For the purposes of this sub-
section and section 304(a)(13), the term ‘‘model
management practices and measures’’ means eco-
nomically achievable measures for the control of pol-
lutants from stormwater discharges which reflect the
most cost-effective degree of pollutant reduction
achievable through the application of the best avail-
able practices, technologies, processes, siting criteria,
operating methods, or other alternatives.
‘‘(l) 
ENFORCEMENT
WITH
RESPECT
TO
STORMWATER DISCHARGERS VIOLATING STATE MANAGE-
MENT PROGRAMS.—Stormwater dischargers that do not
comply with State management program requirements
under subsection (c) are subject to applicable enforcement
actions under sections 309 and 505 of this Act.
‘‘(m) ENTRY AND INSPECTION.—In order to carry
out the objectives of this section, an authorized represent-
ative of a State, upon presentation of his or her creden-
tials, shall have a right of entry to, upon, or through any
property at which a stormwater discharge or records re-
quired to be maintained under the State stormwater man-
agement program are located.
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‘‘(n) LIMITATION
ON
DISCHARGES
REGULATED
UNDER
WATERSHED
MANAGEMENT
PROGRAM.—
Stormwater discharges regulated under section 321 in a
manner consistent with this section shall not be subject
to this section.
‘‘(o) MINERAL EXPLORATION AND MINING SITES.—
‘‘(1) EXPLORATION
SITES.—For purposes of
subsection (c)(2)(F), stormwater discharges from
construction activities shall include stormwater dis-
charges from mineral exploration activities; except
that, for exploration at abandoned mined lands, the
stormwater program under subsection (c)(2)(F)
shall be limited to the control of pollutants added to
stormwater by contact with areas disturbed by the
exploration activity.
‘‘(2) MINING SITES.—Stormwater discharges at
ore mining and dressing sites shall be subject to this
section. If any such discharge is commingled with
mine drainage or process wastewater from mining
operations, such discharge shall be treated as a dis-
charge from a point source for purposes of this Act.
Land that was previously used for mining activities
for which reclamation requirements of the Surface
Mining Control and Reclamation Act of 1977 have
been met and a performance bond or deposit re-
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quired under section 509 of such Act has been re-
leased under section 519 of such Act shall no longer
be considered an ore mining and dressing site.
‘‘(3) ABANDONED MINED LANDS.—Stormwater
discharges from abandoned mined lands shall be
subject to section 319; except that if the State, after
notice and an opportunity for comment, finds that
regulation of such stormwater discharges under this
section is necessary to make reasonable further
progress toward achieving water quality standards
by the date referred to in subsection (c)(2)(B), such
discharges shall be subject to this section.
‘‘(4) SURFACE
MINING
CONTROL
AND
REC-
LAMATION ACT SITES.—Notwithstanding paragraph
(3), stormwater discharges from abandoned mined
lands site which are subject to the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1201–1328) shall be subject to section 319.
‘‘(5) ACTIVE COAL MINING SITES.—Discharges
comprised entirely of stormwater from an active coal
mining site operating under a permit issued under
the Surface Mining Control and Reclamation Act of
1977 shall be subject to section 319.
‘‘(6) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
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‘‘(A) ABANDONED
MINED
LANDS.—The
term ‘abandoned mined lands’ means lands
which were used for mineral activities and
abandoned or left in an inadequate reclamation
status and for which there is no continuing rec-
lamation responsibility under State or Federal
laws.
‘‘(B) PROCESS WASTE WATER.—The term
‘process waste water’ means any water other
than stormwater which comes into contact with
any raw material, intermediate product, fin-
ished product, byproduct, or waste product as
part of any mineral beneficiation processes em-
ployed at the site.
‘‘(C) MINE
DRAINAGE.—The term ‘mine
drainage’ means any water drained, pumped, or
siphoned from underground mine workings or
mine pits, but such term shall not include
stormwater runoff from tailings dams, dikes,
overburden, waste rock piles, haul roads, access
roads, and ancillary facility areas.’’.
(b) REPEAL OF LIMITATION ON PERMIT REQUIRE-
MENT.—Section 402(l) (33 U.S.C. 1342(l)) is repealed.
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(c) REPEAL
OF
MUNICIPAL
AND
INDUSTRIAL
STORMWATER DISCHARGES PROGRAM.—Section 402(p)
(33 U.S.C. 1342(p)) is repealed.
(d) DEVELOPMENT OF STORMWATER CRITERIA.—
Section 304(a) is further amended by adding at the end
the following:
‘‘(13) DEVELOPMENT
OF
STORMWATER
CRI-
TERIA.—
‘‘(A) IN GENERAL.—To reflect the episodic
character of stormwater which results in signifi-
cant variances in the volume, hydraulics, hy-
drology, and pollutant load associated with
stormwater discharges, the Administrator shall
establish, as an element of the water quality
standards established for the designated uses of
the navigable waters, stormwater criteria which
protect the navigable waters from impairment
of the designated beneficial uses caused by
stormwater discharges. The criteria shall be
technologically and financially feasible and may
include 
performance 
standards, 
guidelines,
guidance, and model management practices and
measures and treatment requirements, as ap-
propriate, and as identified in section 322.
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‘‘(B) INFORMATION TO BE USED IN DE-
VELOPMENT.—The stormwater discharge cri-
teria to be established under this paragraph—
‘‘(i) shall be developed from—
‘‘(I) the findings and conclusions
of the demonstration programs and
research 
conducted 
under 
section
322(h);
‘‘(II) the findings and conclu-
sions of the research and monitoring
activities of stormwater dischargers
performed in compliance with permit
requirements of this Act; and
‘‘(III) other relevant information,
including information submitted to
the Administrator under the industrial
group permit application process in
effect under section 402 of this Act on
the day before the date of the enact-
ment of this paragraph;
‘‘(ii) shall be developed in consultation
with persons with expertise in the manage-
ment of stormwater (including officials of
State and local government, industrial and
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commercial stormwater dischargers, and
public interest groups); and
‘‘(iii) shall be established as an ele-
ment of the water quality standards that
are developed and implemented under this
Act by not later than December 31,
2008.’’.
(e) DEFINITIONS.—Section 502 (33 U.S.C. 1362) is
amended—
(1) by adding at the end of paragraph (14) the
following: ‘‘The term does not include a stormwater
discharge that is subject to section 322.’’; and
(2) by adding at the end the following:
‘‘(25) The term ‘stormwater’ means runoff from rain,
snow melt, or any other precipitation-generated surface
runoff.
‘‘(26) The term ‘stormwater discharge’ means a dis-
charge from any conveyance which is used for the collect-
ing and conveying of stormwater to navigable waters and
which is associated with a municipal storm sewer system
or industrial, commercial, oil, gas, or mining activities or
construction activities.’’.
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SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
Title III (33 U.S.C. 1311–1330) is further amended
by adding at the end the following:
‘‘SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
‘‘(a) GENERAL RULE.—The Administrator or the
Secretary of the Army (hereinafter in this section referred
to as the ‘Secretary’), as appropriate, shall develop and
publish a risk assessment before issuing—
‘‘(1) any standard, effluent limitation, water
quality criterion, water quality based requirement, or
other regulatory requirement under this Act (other
than a permit or a purely procedural requirement);
or
‘‘(2) any guidance under this Act which, if is-
sued as a regulatory requirement, would result in an
annual increase in cost of $25,000,000 or more.
‘‘(b) CONTENTS OF RISK ASSESSMENTS.—A risk as-
sessment developed under subsection (a), at a minimum,
shall—
‘‘(1) identify and use all relevant and readily
obtainable data and information of sufficient quality,
including data and information submitted to the
Agency in a timely fashion;
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‘‘(2) identify and discuss significant assump-
tions, inferences, or models used in the risk assess-
ment;
‘‘(3) measure the sensitivity of the results to
the significant assumptions, inferences, or models
that the risk assessment relies upon;
‘‘(4) with respect to significant assumptions, in-
ferences, or models that the results are sensitive to,
identify and discuss—
‘‘(A) credible alternatives and the basis for
the rejection of such alternatives;
‘‘(B) the scientific or policy basis for the
selection of such assumptions, inferences, or
models; and
‘‘(C) the extent to which any such assump-
tions, inferences, or models have been validated
or conflict with empirical data;
‘‘(5) to the maximum extent practical, provide
a description of the risk, including, at minimum,
best estimates or other unbiased representation of
the most plausible level of risk and a description of
the specific populations or natural resources subject
to the assessment;
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‘‘(6) to the maximum extent practical, provide
a quantitative estimate of the uncertainty inherent
in the risk assessment; and
‘‘(7) compare the nature and extent of the risk
identified in the risk assessment to other risks to
human health and the environment.
‘‘(c) RISK ASSESSMENT GUIDANCE.—Not later than
180 days after the date of the enactment of this section,
and after providing notice and opportunity for public com-
ment, the Administrator, in consultation with the Sec-
retary, shall issue, and thereafter revise, as appropriate,
guidance for conducting risk assessments under subsection
(a).
‘‘(d) MARGIN OF SAFETY.—When establishing a mar-
gin of safety for use in developing a regulatory require-
ment described in subsection (a)(1) or guidance described
in subsection (a)(2), the Administrator or the Secretary,
as appropriate, shall provide, as part of the risk assess-
ment under subsection (a), an explicit and, to the extent
practical, quantitative description of the margin of safety
relative to an unbiased estimate of the risk being ad-
dressed.
‘‘(e) DISCRETIONARY EXEMPTIONS.—The Adminis-
trator or the Secretary, as appropriate, may exempt from
the requirements of this section any risk assessment pre-
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pared in support of a regulatory requirement described in
subsection (a)(1) which is likely to result in annual in-
crease in cost of less than $25,000,000. Such exemptions
may be made for specific risk assessments or classes of
risk assessments.
‘‘(f) GENERAL RULE ON APPLICABILITY.—The re-
quirements of this section shall apply to any regulatory
requirement described in subsection (a)(1) or guidance de-
scribed in subsection (a)(2) that is issued after the last
day of the 1-year period beginning on the date of the en-
actment of this section.
‘‘(g) SIGNIFICANT REGULATORY ACTIONS AND GUID-
ANCE.—
‘‘(1) APPLICABILITY
OF
REQUIREMENTS.—In
addition to the regulatory requirements and guid-
ance referred to in subsection (f), the requirements
of this section shall apply to—
‘‘(A) any standard, effluent limitation,
water quality criterion, water quality based re-
quirement, or other regulatory requirement is-
sued under this Act during the period described
in paragraph (2) which is likely to result in an
annual increase in cost of $100,000,000 or
more; and
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‘‘(B) any guidance issued under this Act
during the period described in paragraph (2)
which, if issued as a regulatory requirement,
would be likely to result in annual increase in
cost of $100,000,000 or more.
‘‘(2) COVERED PERIOD.—The period described
in this paragraph is the period beginning on Feb-
ruary 15, 1995, and ending on the last day of the
1-year period beginning on the date of the enact-
ment of this Act.
‘‘(3) REVIEW.—Any regulatory requirement de-
scribed in paragraph (1)(A) or guidance described in
paragraph (1)(B) which was issued before the date
of the enactment of this section shall be reviewed
and, with respect to each such requirement or guid-
ance, the Administrator or the Secretary, as appro-
priate, shall based on such review—
‘‘(A) certify that the requirement or guid-
ance meets the requirements of this section
without revision; or
‘‘(B) reissue the requirement or guidance,
after providing notice and opportunity for pub-
lic comment, with such revisions as may be nec-
essary for compliance with the requirements of
this section.
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‘‘(4) DEADLINE.—Any regulatory requirement
described in paragraph (1)(A) or guidance described
in paragraph (1)(B) for which the Administrator or
the Secretary, as appropriate, does not issue a cer-
tification or revisions under paragraph (3) on or be-
fore the last day of the 18-month period beginning
on the date of the enactment of this section shall
cease to be effective after such last day until the
date on which such certification or revisions are is-
sued.’’.
SEC. 324. BENEFIT AND COST CRITERION.
Title III (33 U.S.C. 1311–1330) is further amended
by adding at the end the following:
‘‘SEC. 324. BENEFIT AND COST CRITERION.
‘‘(a) DECISION CRITERION.—
‘‘(1) CERTIFICATION.—The Administrator or
the Secretary of the Army (hereinafter in this sec-
tion referred to as the ‘Secretary’), as appropriate,
shall not issue—
‘‘(A) any standard, effluent limitation, or
other regulatory requirement under this Act; or
‘‘(B) any guidance under this Act which, if
issued as a regulatory requirement, would result
in an annual increase in cost of $25,000,000 or
more,
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unless the Administrator or the Secretary certifies
that the requirement or guidance maximizes net ben-
efits to society. Such certification shall be based on
an analysis meeting the requirements of subsection
(b).
‘‘(2) EFFECT OF CRITERION.—Notwithstanding
any other provision of this Act, the decision criterion
of paragraph (1) shall supplement and, to the extent
there is a conflict, supersede the decision criteria
otherwise applicable under this Act; except that the
resulting regulatory requirement or guidance shall
be economically achievable.
‘‘(3) SUBSTANTIAL EVIDENCE.—Notwithstand-
ing any other provision of this Act, no regulation or
guidance subject to this subsection shall be issued by
the Administrator or the Secretary unless the re-
quirement of paragraph (1) is met and the certifi-
cation is supported by substantial evidence.
‘‘(b) BENEFIT AND COST ANALYSIS GUIDANCE.—
‘‘(1) IN GENERAL.—Not later than 180 days
after the date of the enactment of this section, and
after providing notice and opportunity for public
comment, the Administrator, in concurrence with the
Administrator of the Office of Information and Reg-
ulatory Affairs, shall issue, and thereafter revise, as
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appropriate, guidance for conducting benefit and
cost analyses in support of making certifications re-
quired by subsection (a).
‘‘(2) CONTENTS.—Guidance issued under para-
graph (1), at a minimum, shall—
‘‘(A) require the identification of available
policy alternatives, including the alternative of
not regulating and any alternatives proposed
during periods for public comment;
‘‘(B) provide methods for estimating the
incremental benefits and costs associated with
plausible alternatives, including the use of
quantitative and qualitative measures;
‘‘(C) require an estimate of the nature and
extent of the incremental risk avoided by the
standard, effluent limitation, or other regu-
latory requirement, including a statement that
places in context the nature and magnitude of
the estimated risk reduction; and
‘‘(D) require an estimate of the total so-
cial, environmental, and economic costs of im-
plementing the standard, effluent limitation, or
other regulatory requirement.
‘‘(c) EXEMPTIONS.—The following shall not be sub-
ject to the requirements of this section:
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‘‘(1) The issuance of a permit.
‘‘(2) The implementation of any purely proce-
dural requirement.
‘‘(3) Water quality criteria established under
section 304.
‘‘(4) Water quality based standards established
under section 303.
‘‘(d) DISCRETIONARY EXEMPTIONS.—The Adminis-
trator or the Secretary, as appropriate, may exempt from
this section any regulatory requirement that is likely to
result in an annual increase in costs of less than
$25,000,000. Such exemptions may be made for specific
regulatory requirements or classes of regulatory require-
ments.
‘‘(e) GENERAL RULE ON APPLICABILITY.—The re-
quirements of this section shall apply to any regulatory
requirement described in subsection (a)(1)(A) or guidance
described in subsection (a)(1)(B) that is issued after the
last day of the 1-year period beginning on the date of the
enactment of this section.
‘‘(f) SIGNIFICANT REGULATORY ACTIONS AND GUID-
ANCE.—
‘‘(1) APPLICABILITY
OF
REQUIREMENTS.—In
addition to the regulatory requirements and guid-
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ance referred to in subsection (e), this section shall
apply to—
‘‘(A) any standard, effluent limitation, or
other regulatory requirement issued under this
Act during the period described in paragraph
(2) which is likely to result in an annual in-
crease in cost of $100,000,000 or more; and
‘‘(B) any guidance issued under this Act
during the period described in paragraph (2)
which, if issued as a regulatory requirement,
would be likely to result in annual increase in
cost of $100,000,000 or more.
‘‘(2) COVERED PERIOD.—The period described
in this paragraph is the period beginning on Feb-
ruary 15, 1995, and ending on the last day of the
1-year period beginning on the date of the enact-
ment of this Act.
‘‘(3) REVIEW.—Any regulatory requirement de-
scribed in paragraph (1)(A) or guidance described in
paragraph (1)(B) which was issued before the date
of the enactment of this section shall be reviewed
and, with respect to each such requirement or guid-
ance, the Administrator or the Secretary, as appro-
priate, shall based on such review—
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‘‘(A) certify that the requirement or guid-
ance meets the requirements of this section
without revision; or
‘‘(B) reissue the requirement or guidance,
after providing notice and opportunity for pub-
lic comment, with such revisions as may be nec-
essary for compliance with the requirements of
this section.
‘‘(4) DEADLINE.—Any regulatory requirement
described in paragraph (1)(A) or guidance described
in paragraph (1)(B) for which the Administrator or
the Secretary, as appropriate, does not issue a cer-
tification or revisions under paragraph (3) on or be-
fore the last day of the 18-month period beginning
on the date of the enactment of this section shall
cease to be effective after such last day until the
date on which such certification or revisions are is-
sued.
‘‘(g) STUDY.—Not later than 5 years after the date
of the enactment of this section, the Administrator, in con-
sultation with the Administrator of the Office of Informa-
tion and Regulatory Affairs, shall publish an analysis re-
garding the precision and accuracy of benefit and cost es-
timates prepared under this section. Such study, at a min-
imum, shall—
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‘‘(1) compare estimates of the benefits and
costs prepared under this section to actual costs and
benefits achieved after implementation of regulations
or other requirements;
‘‘(2) examine and assess alternative analytic
methods for conducting benefit and cost analysis, in-
cluding health-health analysis; and
‘‘(3) make recommendations for the improve-
ment of benefit and cost analyses conducted under
this section.’’.
TITLE IV—PERMITS AND
LICENSES
SEC. 
401. 
WASTE 
TREATMENT 
SYSTEMS 
FOR 
CON-
CENTRATED ANIMAL FEEDING OPERATIONS.
Section 402(a) is amended by adding the following
new paragraph:
‘‘(6) CONCENTRATED ANIMAL FEEDING OPER-
ATIONS.—For purposes of this section, waste treat-
ment systems, including retention ponds or lagoons,
used to meet the requirements of this Act for con-
centrated animal feeding operations, are not waters
of the United States. If an existing concentrated
animal feeding operation uses a natural topographic
impoundment or structure on the effective date of
this Act, which is not hydrologically connected to
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any other waters of the United States, as a waste
treatment system or wastewater retention facility,
such system or facility is exempt from this Act.
SEC. 402. PERMIT REFORM.
(a) DURATION AND REOPENERS.—Section 402(b)(1)
(33 U.S.C. 1342(b)(1)) is amended—
(1) in subparagraph (B) by striking ‘‘five’’ and
inserting ‘‘10’’ and by striking ‘‘and’’;
(2) by inserting ‘‘and’’ after the semicolon at
the end of subparagraph (D); and
(3) by adding at the end the following new sub-
paragraph:
‘‘(E) can be modified as necessary to ad-
dress a significant threat to human health and
the environment;’’.
(b) REVIEW OF EFFLUENT LIMITATIONS.—Section
301(d) (33 U.S.C. 1311(d)) is amended to read as follows:
‘‘(d) REVIEW OF EFFLUENT LIMITATIONS.—Any ef-
fluent limitation required by subsection (b)(2) that is es-
tablished in a permit under section 402 shall be reviewed
at least every 10 years when the permit is reissued, and,
if appropriate, revised.’’.
(c) DISCHARGE LIMIT.—Section 402(a) (33 U.S.C.
1342(a)) is further amended by adding at the end the fol-
lowing:
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‘‘(7) QUANTITATION LEVEL.—
‘‘(A) ESTABLISHMENT.—Not later than 1
year after the date of the enactment of this Act,
the Administrator shall establish quantitation
levels for pollutants based on the lowest level at
which a pollutant can be reliably quantified on
an interlaboratory basis for each test method
published under section 304(h).
‘‘(B) PERMIT LEVELS.—Whenever a limi-
tation for a permit issued under this section is
set at a level below the quantitation level estab-
lished for that pollutant under subparagraph
(A) for the test method specified in the permit,
any measurement of the pollutant greater than
the limitation but less than the quantitation
level shall not be considered a violation of the
permit. All measurements less than the quan-
titation level shall be deemed equal to zero for
purposes of determining compliance with the
limitation.’’.
(d) DISCHARGES UNDER PERMIT APPLICATIONS.—
Section 402(k) (33 U.S.C. 1342(k)) is amended—
(1) in the first sentence by striking ‘‘except’’
and inserting ‘‘except for’’;
(2) in the second sentence—
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(A) by striking ‘‘Until December 31, 1974,
in’’ and inserting ‘‘In’’; and
(B) by striking ‘‘(1) section 301, 306, or
402 of this Act, or (2)’’ and inserting ‘‘section
402 of this Act or’’; and
(C) by inserting before the period at the
end the following: ‘‘, and provided further that
if the discharge results in a violation of effluent
limitations or standards promulgated under sec-
tion 301, 302, 303, 304, 306, or 307 of this
Act that would be applicable upon issuance of
a permit such discharge shall be considered un-
lawful under section 301 of this Act’’; and
(3) by striking the last sentence..
SEC. 403. REVIEW OF STATE PROGRAMS AND PERMITS.
(a) REVIEW OF STATE PROGRAMS.—Section 402(c)
(33 U.S.C. 1342(c)) is amended by inserting before the
first sentence the following: ‘‘Upon approval of a State
program under this section, the Administrator shall review
administration of the program by the State once every 3
years.’’.
(b) REVIEW OF STATE PERMITS.—Section 402(d)(2)
(33 U.S.C. 1342(d)(2)) is amended—
(1) in the first sentence by striking ‘‘as being
outside the guidelines and requirements of this Act’’
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and inserting ‘‘as presenting a substantial risk to
human health and the environment’’; and
(2) in the second sentence by striking ‘‘and the
effluent limitations’’ and all that follows before the
period.
(c) COURT PROCEEDINGS TO PROHIBIT INTRODUC-
TION OF POLLUTANTS INTO TREATMENT WORKS.—Sec-
tion 402(h) (33 U.S.C. 1342(h)) is amended by inserting
after ‘‘approved or where’’ the following: ‘‘the discharge
involves a significant source of pollutants to the waters
of the United States and’’.
SEC. 404. STATISTICAL NONCOMPLIANCE.
(a) NUMBER OF EXCURSIONS.—Section 402(k) (33
U.S.C. 1342(k)) is amended by inserting after the first
sentence the following: ‘‘In any enforcement action or citi-
zen suit under section 309 or 505 of this Act or applicable
State law alleging noncompliance with a technology-based
effluent limitation established pursuant to section 301, a
permittee shall have an affirmative defense to such alleged
noncompliance if the permittee demonstrates through ref-
erence to information contained in the applicable rule-
making record that the number of excursions from the
technology-based effluent limitation are no greater, on an
annual basis, than the number of excursions expected from
the technology on which the limit is based and that the
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discharges do not violate an applicable water-quality based
limitation or standard.’’.
(b) PRETREATMENT STANDARDS.—Section 307(d)
(33 U.S.C. 1317(d)) is amended by adding at the end the
following: ‘‘In any enforcement action or citizen suit under
section 309 or 505 of this Act or applicable State law al-
leging noncompliance with a categorical pretreatment
standard or local pretreatment limit established pursuant
to this section, a person who demonstrates through ref-
erence to information contained in the applicable rule-
making record—
‘‘(1) that the number of excursions from the
categorical 
pretreatment 
standard 
or 
local
pretreatment limit are no greater, on an annual
basis, than the number of excursions expected from
the technology on which the pretreatment standard
or local pretreatment limit is based, and
‘‘(2) that the introduction of pollutants into a
publicly owned treatment works does not cause in-
terference with such works or cause a violation by
such works of an applicable water-quality based limi-
tation or standard,
shall have an affirmative defense to such alleged non-
compliance’’.
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SEC. 405. ANTI-BACKSLIDING REQUIREMENTS.
(a) DISCHARGE
VOLUME.—Section 402(o)(2) (33
U.S.C. 1342(o)(2)) is amended in the first sentence by
inserting ‘‘the concentration or loading of’’ after ‘‘applica-
ble to’’.
(b) NONAPPLICABILITY TO POTWS.—Section 402(o)
(33 U.S.C. 1343(o)) is amended by adding at the end the
following:
‘‘(4) NONAPPLICABILITY TO PUBLICLY OWNED
TREATMENT WORKS.—The requirements of this sub-
section shall not apply to permitted discharges from
a publicly owned treatment works if the treatment
works demonstrates to the satisfaction of the Ad-
ministrator that—
‘‘(A) the increase in pollutants is a result
of conditions beyond the control of the treat-
ment works (such as fluctuations in normal
source water availabilities due to sustained
drought conditions); and
‘‘(B) effluent quality does not result in im-
pairment of water quality standards established
for the receiving waters.’’.
SEC. 406. INTAKE CREDITS.
Section 402 (33 U.S.C. 1342) is further amended by
inserting after subsection (k) the following:
‘‘(l) INTAKE CREDITS.—
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‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of this Act, in any effluent limitation or other
limitation imposed under the permit program estab-
lished by the Administrator under this section, any
State permit program approved under this section
(including any program for implementation under
section 118(c)(2)), any standards established under
section 307(a), or any program for industrial users
established under section 307(b), the Administrator,
as applicable, shall or the State, as applicable, may
provide credits for pollutants present in or caused by
intake water such that an owner or operator of a
point source is not required to remove, reduce, or
treat the amount of any pollutant in an effluent
below the amount of such pollutant that is present
in or caused by the intake water for such facility—
‘‘(A)(i) if the source of the intake water
and the receiving waters into which the effluent
is ultimately discharged are the same or are di-
rectly and proximately connected; or
‘‘(ii) if, at the time the limitation or stand-
ard is established, the level of the pollutant in
the intake water is the same as or lower than
the amount of the pollutant in the receiving wa-
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ters, taking into account analytical variability;
and
‘‘(B) for conventional pollutants, to the ex-
tent that the discharger demonstrates that the
constituents of the conventional pollutants in
the intake water are the same as or substan-
tially similar to the constituents of the conven-
tional pollutants in the effluent.
‘‘(2) 
ALLOWANCE
FOR
INCIDENTAL
AMOUNTS.—In determining whether the condition
set forth in paragraph (1)(A)(i) is being met, the
Administrator shall or the State may, as appro-
priate, make allowance for incidental amounts of in-
take water from sources other than the receiving wa-
ters.
‘‘(3) CREDIT
FOR
NONQUALIFYING
POLLUT-
ANTS.—The Administrator shall or a State may pro-
vide point sources an appropriate credit for pollut-
ants found in intake water in circumstances that do
not meet the requirements of paragraph (1), includ-
ing circumstances in which the source of the intake
water meets the maximum contaminant levels or
treatment techniques for drinking water contami-
nants established pursuant to the Safe Drinking
Water Act for the pollutant of concern. An appro-
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priate credit for pollutants found in intake water is
a credit that assures that an owner or operator of
a point source is not required to remove, reduce, or
treat the amount of any pollutant in an effluent
below the amount of such pollutant that is present
in the intake water for such facility, except to the
extent that the level of such pollutant in the intake
water will cause adverse water quality impact that
would not otherwise occur.
‘‘(4) MONITORING.—Nothing in this section
precludes the Administrator or a State from requir-
ing monitoring of intake water, effluent, or receiving
waters to assist in the implementation of this sec-
tion.’’.
SEC. 407. COMBINED SEWER OVERFLOWS.
Section 402 (33 U.S.C. 1342) is further amended by
adding at the end the following:
‘‘(s) COMBINED SEWER OVERFLOWS.—
‘‘(1) REQUIREMENT FOR PERMITS.—Each per-
mit issued pursuant to this section for a discharge
from a combined storm and sanitary sewer shall con-
form with the combined sewer overflow control policy
signed by the Administrator on April 11, 1994.
‘‘(2) TERM OF PERMIT.—
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istrator or the State reasonable further
progress towards compliance with a long-
term control plan under the control policy
referred to in paragraph (1).
‘‘(C) LIMITATIONS ON EXTENSIONS.—
‘‘(i) EXTENSION NOT APPROPRIATE.—
Notwithstanding subparagraph (B), the
Administrator or the State need not grant
an extension of the compliance deadline
specified in subparagraph (A) if the Ad-
ministrator or the State determines that
such an extension is not appropriate.
‘‘(ii) NEW
YORK-NEW
JERSEY.—
Prior to granting an extension under sub-
paragraph (B) with respect to a combined
sewer overflow discharge originating in the
State of New York or New Jersey and af-
fecting the other of such States, the Ad-
ministrator or the State from which the
discharge originates, as the case may be,
shall provide written notice of the proposed
extension to the other State and shall not
grant the extension unless the other State
approves the extension or does not dis-
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approve the extension within 90 days of re-
ceiving such written notice.
‘‘(3) SAVINGS CLAUSE.—Any consent decree or
court order entered by a United States district
court, or administrative order issued by the Admin-
istrator, before the date of the enactment of this
subsection establishing any deadlines, schedules, or
timetables, including any interim deadlines, sched-
ules, or timetables, for the evaluation, design, or
construction of treatment works for control or elimi-
nation of any discharge from a municipal combined
storm and sanitary sewer system shall be modified
upon motion or request by any party to such consent
decree or court order, to extend to December 31,
2009, at a minimum, any such deadlines, schedules,
or timetables, including any interim deadlines,
schedules, or timetables as is necessary to conform
to the policy referred to in paragraph (1) or other-
wise achieve the objectives of this subsection. Not-
withstanding the preceding sentence, the period of
compliance with respect to a discharge referred to in
paragraph (2)(C)(ii) may only be extended in ac-
cordance with paragraph (2)(C)(ii).’’.
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SEC. 408. SANITARY SEWER OVERFLOWS.
Section 402 (33 U.S.C. 1342) is further amended by
adding at the end the following:
‘‘(t) SANITARY SEWER OVERFLOWS.—
‘‘(1) DEVELOPMENT
OF
POLICY.—Not later
than 2 years after the date of the enactment of this
subsection, the Administrator, in consultation with
State and local governments and water authorities,
shall develop and publish a national control policy
for municipal separate sanitary sewer overflows. The
national policy shall recognize and address regional
and economic factors.
‘‘(2) ISSUANCE OF PERMITS.—Each permit is-
sued pursuant to this section for a discharge from
a municipal separate sanitary sewer shall conform
with the policy developed under paragraph (1).
‘‘(3) COMPLIANCE
DEADLINE.—Notwithstand-
ing any compliance schedule under section 301(b),
or any permit limitation under subsection (b)(1)(B),
the Administrator or a State with a program ap-
proved under subsection (b) may issue a permit pur-
suant to this section for a discharge from a munici-
pal separate sanitary sewer due to stormwater
inflows or infiltration. The permit shall include at a
minimum a schedule for compliance with a long-term
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control plan under the policy developed under para-
graph (1), for a term not to exceed 15 years.
‘‘(4) EXTENSION.—Notwithstanding the compli-
ance deadline specified in paragraph (3), the Admin-
istrator or a State with a program approved under
subsection (b) shall extend, on request of an owner
or operator of a municipal separate sanitary sewer,
the period of compliance beyond the last day of such
15-year period if the Administrator or the State de-
termines that compliance by such last day is not
within the economic capability of the owner or oper-
ator, unless the Administrator or the State deter-
mines that the extension is not appropriate.
‘‘(5) EFFECT ON OTHER ACTIONS.—Before the
date of publication of the policy under paragraph
(1), the Administrator or Attorney General shall not
initiate any administrative or judicial civil penalty
action in response to a municipal separate sanitary
sewer overflow due to stormwater inflows or infiltra-
tion.
‘‘(6) SAVINGS CLAUSE.—Any consent decree or
court order entered by a United States district
court, or administrative order issued by the Admin-
istrator, before the date of the enactment of this
subsection establishing any deadlines, schedules, or
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timetables, including any interim deadlines, sched-
ules, or timetables, for the evaluation, design, or
construction of treatment works for control or elimi-
nation of any discharge from a municipal separate
sanitary sewer shall be modified upon motion or re-
quest by any party to such consent decree or court
order, to extend to December 31, 2009, at a mini-
mum, any such deadlines, schedules, or timetables,
including any interim deadlines, schedules, or time-
tables as is necessary to conform to the policy devel-
oped under paragraph (1) or otherwise achieve the
objectives of this subsection.’’.
SEC. 409. ABANDONED MINES.
Section 402 (33 U.S.C. 1342) is further amended by
inserting after subsection (o) the following:
‘‘(p) PERMITS FOR REMEDIATING PARTY ON ABAN-
DONED OR INACTIVE MINED LANDS.—
‘‘(1) APPLICABILITY.—Subject to this sub-
section, including the requirements of paragraphs
(2) and (3), the Administrator, with the concurrence
of the concerned State or Indian tribe, may issue a
permit to a remediating party under this section for
discharges associated with remediation activity at
abandoned or inactive mined lands which modifies
any otherwise applicable requirement of sections
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‘‘(C) Identification of the waters of the
United States impacted by the abandoned or in-
active mined lands.
‘‘(D) A description of the physical condi-
tions at the abandoned or inactive mined lands
that are causing adverse water quality impacts.
‘‘(E) A description of practices, including
system design and construction plans and oper-
ation and maintenance plans, proposed to re-
duce, control, mitigate, or eliminate the adverse
water quality impacts and a schedule for imple-
menting such practices and, if it is an existing
remediation project, a description of practices
proposed to improve the project, if any.
‘‘(F) An analysis demonstrating that the
identified practices are expected to result in a
water quality improvement for the identified
waters.
‘‘(G) A description of monitoring or other
assessment to be undertaken to evaluate the
success of the practices during and after imple-
mentation, including an assessment of baseline
conditions.
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‘‘(H) A schedule for periodic reporting on
progress in implementation of major elements
of the plan.
‘‘(I) A budget and identified funding to
support the activities described in the plan.
‘‘(J) Remediation goals and objectives.
‘‘(K) Contingency plans.
‘‘(L) A description of the applicant’s legal
right to enter and conduct activities.
‘‘(M) The signature of the applicant.
‘‘(N) Identification of the pollutant or pol-
lutants to be addressed by the plan.
‘‘(4) PERMITS.—
‘‘(A) CONTENTS.—Permits issued by the
Administrator pursuant to this subsection
shall—
‘‘(i) provide for compliance with and
implementation of a remediation plan
which, following issuance of the permit,
may be modified by the applicant after
providing notification to and opportunity
for review by the Administrator;
‘‘(ii) require that any modification of
the plan be reflected in a modified permit;
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‘‘(iii) require that if, at any time after
notice to the remediating party and oppor-
tunity for comment by the remediating
party, the Administrator determines that
the remediating party is not implementing
the approved remediation plan in substan-
tial compliance with its terms, the Admin-
istrator shall notify the remediating party
of the determination together with a list
specifying the concerns of the Adminis-
trator;
‘‘(iv) provide that, if the identified
concerns are not resolved or a compliance
plan submitted within 90 days of the date
of the notification, the Administrator may
take action under section 309 of this Act;
‘‘(v) provide that clauses (iii) and (iv)
not apply in the case of any action under
section 309 to address violations involving
gross negligence (including reckless, willful,
or wanton misconduct) or intentional mis-
conduct by the remediating party or any
other person;
‘‘(vi) not require compliance with any
limitation issued under sections 301(b),
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302, and 403 or any requirement estab-
lished by the Administrator under any sub-
section of this section (other than this sub-
section); and
‘‘(vii) provide for termination of cov-
erage under the permit without the remedi-
ating party being subject to enforcement
under sections 309 and 505 of this Act for
any remaining discharges—
‘‘(I) after implementation of the
remediation plan;
‘‘(II) if a party obtains a permit
to mine the site; or
‘‘(III) upon a demonstration by
the remediating party that the surface
water quality conditions due to reme-
diation activities at the site, taken as
a whole, are equal to or superior to
the surface water qualities that ex-
isted prior to initiation of remediation.
‘‘(B) LIMITATIONS.—The Administrator
shall only issue a permit under this section,
consistent with the provisions of this subsection,
to a remediating party for discharges associated
with remediation action at abandoned or inac-
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tive mined lands if the remediation plan dem-
onstrates with reasonable certainty that the ac-
tions will result in an improvement in water
quality.
‘‘(C) PUBLIC
PARTICIPATION.—The Ad-
ministrator may only issue a permit or modify
a permit under this section after complying
with subsection (b)(3).
‘‘(D) EFFECT
OF
FAILURE
TO
COMPLY
WITH PERMIT.—Failure to comply with terms
of a permit issued pursuant to this subsection
shall not be deemed to be a violation of an ef-
fluent standard or limitation issued under this
Act.
‘‘(E) LIMITATIONS
ON
STATUTORY
CON-
STRUCTION.—This subsection shall not be con-
strued—
‘‘(i) to limit or otherwise affect the
Administrator’s powers under section 504;
or
‘‘(ii) to preclude actions pursuant to
section 309 or 505 for any violations of
sections 301(a), 302, 402, and 403 that
may have existed for the abandoned or in-
active mined land prior to initiation of re-
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mediation covered by a permit issued
under this subsection, unless such permit
covers remediation activities implemented
by the permit holder prior to issuance of
the permit.
‘‘(F) DEEMED APPROVAL OF COMPLIANCE
PLANS.—A compliance plan submitted under
subparagraph (A)(iv) shall be deemed to be ap-
proved on the 90th day following the date of
such submission, unless the Administrator noti-
fies the remediating party before such 90th day
that the plan has been disapproved.
‘‘(5) DEFINITIONS.—In this subsection the fol-
lowing definitions apply:
‘‘(A) REMEDIATING PARTY.—The term ‘re-
mediating party’ means—
‘‘(i) the United States (on non-Fed-
eral lands), a State or an Indian tribe or
officers, employees, or contractors thereof;
and
‘‘(ii) any person acting in cooperation
with a State or Indian tribe, including a
government agency that owns abandoned
or inactive mined lands for the purpose of
conducting remediation of the mined lands
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or that is engaging in remediation activi-
ties incidental to the ownership of the
lands.
Such term does not include any person who, be-
fore or following issuance of a permit under this
section, directly benefited from or participated
in any mining operation (including exploration)
associated with the abandoned or inactive
mined lands.
‘‘(B) ABANDONED
OR
INACTIVE
MINED
LANDS.—The term ‘abandoned or inactive
mined lands’ means lands that were formerly
mined and are neither actively mined nor in
temporary shutdown at the time of submission
of the remediation plan and issuance of a per-
mit under this subsection.
‘‘(C) MINED
LANDS.—The term ‘mined
lands’ means the surface or subsurface of an
area where mining operations, including explo-
ration, extraction, processing, and beneficiation,
have been conducted. Such term includes pri-
vate ways and roads appurtenant to such area,
land excavations, underground mine portals,
adits, and surface expressions associated with
underground workings, such as glory holes and
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subsidence features, mining waste, smelting
sites associated with other mined lands, and
areas where structures, facilities, equipment,
machines, tools, or other material or property
which result from or have been used in the min-
ing operation are located.
‘‘(6) REGULATIONS.—The Administrator may
issue regulations establishing more specific require-
ments that the Administrator determines would fa-
cilitate implementation of this subsection. Before is-
suance of such regulations, the Administrator may
establish, on a case-by-case basis after notice and
opportunity for public comment as provided by sub-
section (b)(3), more specific requirements that the
Administrator determines would facilitate implemen-
tation of this subsection in an individual permit is-
sued to the remediating party.’’.
SEC. 410. BENEFICIAL USE OF BIOSOLIDS.
(a) REFERENCES.—Section 405(a) (33 U.S.C.
1345(a)) is amended by inserting ‘‘(also referred to as
‘biosolids’)’’ after ‘‘sewage sludge’’ the first place it ap-
pears.
(b) APPROVAL
OF
STATE
PROGRAMS.—Section
405(f) (33 U.S.C. 1345(f)) is amended by adding at the
end the following:
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‘‘(3) APPROVAL
OF
STATE
PROGRAMS.—Not-
withstanding any other provision of this Act, the Ad-
ministrator shall approve for purposes of this sub-
section State programs that meet the standards for
final use or disposal of sewage sludge established by
the Administrator pursuant to subsection (d).’’.
(c) STUDIES AND PROJECTS.—Section 405(g) (33
U.S.C. 1345(g)) is amended—
(1) in the first sentence of paragraph (1) by in-
serting ‘‘building materials,’’ after ‘‘agricultural and
horticultural uses,’’;
(2) in paragraph (1) by adding at the end the
following: ‘‘Not later than January 1, 1997, and
after providing notice and opportunity for public
comment, the Administrator shall issue guidance on
the beneficial use of sewage sludge.’’; and
(3) in paragraph (2) by striking ‘‘September
30, 1986,’’ and inserting ‘‘September 30, 1995,’’.
SEC. 411. WASTE TREATMENT SYSTEMS DEFINED.
Title IV (33 U.S.C. 1341–1345) is further amended
by adding at the end the following:
‘‘SEC. 406. WASTE TREATMENT SYSTEMS DEFINED.
‘‘(a) ISSUANCE OF REGULATIONS.—Not later than 1
year of the date of the enactment of this section, the Ad-
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ministrator, after consultation with State officials, shall
issue a regulation defining ‘waste treatment systems’.
‘‘(b) INCLUSION OF AREAS.—
‘‘(1) AREAS WHICH MAY BE INCLUDED.—In de-
fining the term ‘waste treatment systems’ under
subsection (a), the Administrator may include areas
used for the treatment of wastes if the Adminis-
trator determines that such inclusion will not inter-
fere with the goals of this Act.
‘‘(2) AREAS WHICH SHALL BE INCLUDED.—In
defining the term ‘waste treatment systems’ under
subsection (a), the Administrator shall include, at a
minimum, areas used for detention, retention, treat-
ment, settling, conveyance, or evaporation of
wastewater, stormwater, or cooling water unless—
‘‘(A) the area was created in or resulted
from the impoundment or other modification of
navigable waters and construction of the area
commenced after the date of the enactment of
this section;
‘‘(B) on or after February 15, 1995, the
owner or operator allows the area to be used by
interstate or foreign travelers for recreational
purposes; or
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‘‘(C) on or after February 15, 1995, the
owner or operator allows the taking of fish or
shellfish from the area for sale in interstate or
foreign commerce.
‘‘(c) INTERIM PERIOD.—Before the date of issuance
of regulations under subsection (a), the Administrator or
the State (in the case of a State with an approved permit
program under section 402) shall not require a new permit
under section 402 or section 404 for any discharge into
any area used for detention, retention, treatment, settling,
conveyance, or evaporation of wastewater, stormwater, or
cooling water unless the area is an area described in sub-
section (b)(2)(A), (b)(2)(B), or (b)(2)(C).
‘‘(d) SAVINGS CLAUSE.—Any area which the Admin-
istrator or the State (in the case of a State with an ap-
proved permit program under section 402) determined, be-
fore February 15, 1995, is a water of the United States
and for which, pursuant to such determination, the Ad-
ministrator or State issued, before February 15, 1995, a
permit under section 402 for discharges into such area
shall remain a water of the United States.
‘‘(e) REGULATION OF OTHER AREAS.—With respect
to areas constructed for detention, retention, treatment,
settling, conveyance, or evaporation of wastewater,
stormwater, or cooling water that are not waste treatment
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systems as defined by the Administrator pursuant to this
section and that the Administrator determines are navi-
gable waters under this Act, the Administrator or the
States, in establishing standards pursuant to section
303(c) of this Act or implementing other requirements of
this Act, shall give due consideration to the uses for which
such areas were designed and constructed, and need not
establish standards or other requirements that will impede
such uses.’’.
SEC. 412. THERMAL DISCHARGES.
A municipal utility that before the date of the enact-
ment of this section has been issued a permit under sec-
tion 402 of the Federal Water Pollution Control Act for
discharges into the Upper Greater Miami River, Ohio,
shall not be required under such Act to construct a cooling
tower or operate under a thermal management plan un-
less—
(1) the Administrator or the State of Ohio de-
termines based on scientific evidence that such dis-
charges result in harm to aquatic life; or
(2) the municipal utility has applied for and
been denied a thermal discharge variance under sec-
tion 316(a) of such Act.
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TITLE V—GENERAL PROVISIONS
SEC. 501. CONSULTATION WITH STATES.
Section 501 (33 U.S.C. 1361) is amended by adding
at the end the following new subsection:
‘‘(g) CONSULTATION WITH STATES.—
‘‘(1) IN
GENERAL.—The Administrator shall
consult with and substantially involve State govern-
ments and their representative organizations and, to
the extent that they participate in the administra-
tion of this Act, tribal and local governments, in the
Environmental Protection Agency’s decisionmaking,
priority setting, policy and guidance development,
and implementation under this Act.
‘‘(2) INAPPLICABILITY OF FEDERAL ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to meetings held
to carry out paragraph (1)—
‘‘(A) if such meetings are held exclusively
between Federal officials and elected officers of
State, local, and tribal governments (or their
designated employees with authority to act on
their behalf) acting in their official capacities;
and
‘‘(B) if such meetings are solely for the
purposes of exchanging views, information, or
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advice relating to the management or imple-
mentation of this Act.
‘‘(3) IMPLEMENTING
GUIDELINES.—No later
than 6 months after the date of the enactment of
this paragraph, the Administrator shall issue guide-
lines for appropriate implementation of this sub-
section consistent with applicable laws and regula-
tions.’’.
SEC. 502. NAVIGABLE WATERS DEFINED.
Section 502(7) (33 U.S.C. 1362(7)) is amended by
adding at the end the following: ‘‘Such term does not in-
clude ‘waste treatment systems’, as defined under section
406.’’.
SEC. 503. CAFO DEFINITION CLARIFICATION.
Section 502(14) (33 U.S.C. 1362(14)) is further
amended—
(1) by inserting ‘‘(other than an intermittent
nonproducing livestock operation such as a stock-
yard or a holding and sorting facility)’’ after ‘‘feed-
ing operation’’; and
(2) by adding at the end the following: ‘‘The
term does include an intermittent nonproducing live-
stock operation if the average number of animal
units that are fed or maintained in any 90-day pe-
riod exceeds the number of animal units determined
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by the Administrator or the State (in the case of a
State with an approved permit program under sec-
tion 402) to constitute a concentrated animal feed-
ing operation or if the operation is designated by the
Administrator or State as a significant contributor
of pollution.’’.
SEC. 504. PUBLICLY OWNED TREATMENT WORKS DEFINED.
Section 502 (33 U.S.C. 1362) is further amended by
adding at the end the following:
‘‘(27) The term ‘publicly owned treatment works’
means a treatment works, as defined in section 212, lo-
cated at other than an industrial facility, which is designed
and constructed principally, as determined by the Admin-
istrator, to treat domestic sewage or a mixture of domestic
sewage and industrial wastes of a liquid nature. In the
case of such a facility that is privately owned, such term
includes only those facilities that, with respect to such in-
dustrial wastes, are carrying out a pretreatment program
meeting all the requirements established under section
307 and paragraphs (8) and (9) of section 402(b) for
pretreatment programs (whether or not the treatment
works would be required to implement a pretreatment pro-
gram pursuant to such sections).’’.
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SEC. 505. STATE WATER QUANTITY RIGHTS.
(a) POLICY.—Section 101(g) (33 U.S.C. 1251(g)) is
amended by inserting before the period at the end of the
last sentence ‘‘and in accordance with section 510(b) of
this Act’’.
(b) STATE AUTHORITY.—Section 510 (33 U.S.C.
1370) is amended—
(1) by striking the section heading and ‘‘SEC.
510. Except’’ and inserting the following:
‘‘SEC. 510. STATE AUTHORITY.
‘‘(a) IN GENERAL.—Except’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) WATER RIGHTS.—Nothing in this Act shall be
construed to supersede, abrogate, or otherwise impair any
right or authority of a State to allocate quantities of water
(including boundary waters). Nothing in this Act shall be
implemented, enforced, or construed to allow any officer
or agency of the United States to utilize directly or indi-
rectly the authorities established under this Act to impose
any requirement not imposed by the State which would
supersede, abrogate, or otherwise impair rights to the use
of water resources allocated under State law, interstate
water compact, or Supreme Court decree, or held by the
United States for use by a State, its political subdivisions,
or its citizens. No water rights arise in the United States
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or any other person under the provisions of this Act. This
subsection shall not be construed as limiting any State’s
authority under section 401 of this Act, as excusing any
person from obtaining a permit under section 402 or 404
of this Act, or as excusing any obligation to comply with
requirements established by a State to implement section
319.’’.
SEC. 506. IMPLEMENTATION OF WATER POLLUTION LAWS
WITH 
RESPECT 
TO 
NONPETROLEUM 
OIL
PRODUCTS AND OIL SUBSTITUTES.
(a) DIFFERENTIATION AMONG PETROLEUM
AND
NONPETROLEUM PRODUCTS.—
(1) IN
GENERAL.—In issuing or enforcing a
regulation, an interpretation, or a guideline relating
to a fat, oil, or grease under the Oil Pollution Act
of 1990 or the Federal Water Pollution Control Act,
the head of a Federal agency shall—
(A) differentiate between and establish
separate 
classes 
for 
petroleum 
and
nonpetroleum oil products and oil substitutes,
including animal fats, vegetable oils, and sili-
cone fluids; and
(B) apply different standards and report-
ing requirements (including reporting require-
ments based on quantitative amounts) to dif-
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ferent classes of petroleum and nonpetroleum
oil products and oil substitutes as provided in
paragraph (2).
(2) CONSIDERATIONS.—In differentiating be-
tween the classes of petroleum products and
nonpetroleum oil products and oil substitutes, the
head of the Federal agency shall consider differences
in physical, chemical, biological, and other prop-
erties, and in the environmental effects, of the class-
es.
(b) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ANIMAL
FAT.—The term ‘‘animal fat’’
means each type of animal fat, oil, or grease, includ-
ing fat, oil, or grease from fish or a marine mammal
and any fat, oil, or grease referred to in section
61(a)(2) of title 13, United States Code.
(2) VEGETABLE OIL.—The term ‘‘vegetable oil’’
means each type of vegetable oil, including vegetable
oil from a seed, nut, or kernel and any vegetable oil
referred to in section 61(a)(1) of title 13, United
States Code.
SEC. 507. DISPUTE RESOLUTION.
(a) IN GENERAL.—Section 401 of the Federal Water
Pollution Control Act does not apply with respect to the