201
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
202
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’’.
203
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.—
204
‘‘(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-
205
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-
206
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.—
208
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-
209
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).’’.
210
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
211
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
212
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
214
‘‘(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.
215
‘‘(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;
216
‘‘(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),
217
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-
218
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-
219
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
220
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
221
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:
222
‘‘(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-
223
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
224
‘‘(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
225
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.
226
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
227
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
228
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).’’.
229
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
230
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-
231
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