IB
Union Calendar No. 52
104TH CONGRESS
1ST SESSION
H. R. 961
[Report No. 104–112]
To amend the Federal Water Pollution Control Act.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 15, 1995
Mr. SHUSTER (for himself, Mr. HAYES, Mr. CLINGER, Mr. PARKER, Mr. EM-
ERSON, Mr. LAUGHLIN, Mr. ZELIFF, Mr. POSHARD, Mr. EWING, Ms.
DANNER, Mr. HUTCHINSON, Mr. DEAL of Georgia, Mr. MICA, Mr.
BARCIA, Mr. DUNCAN, and Mr. PETE GEREN of Texas) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
MAY 3, 1995
Additional sponsors: Mr. YOUNG of Alaska, Mr. COBLE, Mr. BLUTE, Mrs.
FOWLER, Mr. BACHUS, Mr. WAMP, Mr. LATHAM, Mr. LAHOOD, Mr.
CONDIT, Mr. FIELDS of Texas, Mr. PICKETT, Mr. TAUZIN, Mr. MCDADE,
Mr. GEKAS, and Mr. LINDER
MAY 3, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 15, 1995]
A BILL
To amend the Federal Water Pollution Control Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Clean Water Amendments of 1995’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.
TITLE I—RESEARCH AND RELATED PROGRAMS
Sec. 101. National goals and policies.
Sec. 102. Research, investigations, training, and information.
Sec. 103. State management assistance.
Sec. 104. Mine water pollution control.
Sec. 105. Water sanitation in rural and Native Alaska villages.
Sec. 106. Authorization of appropriations for Chesapeake program.
Sec. 107. Great Lakes management.
TITLE II—CONSTRUCTION GRANTS
Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Treatment works defined.
Sec. 205. Value engineering review.
Sec. 206. Grants for wastewater treatment.
TITLE III—STANDARDS AND ENFORCEMENT
Sec. 301. Effluent limitations.
Sec. 302. Pollution prevention opportunities.
Sec. 303. Water quality standards and implementation plans.
Sec. 304. Use of biological monitoring.
Sec. 305. Arid areas.
Sec. 306. Total maximum daily loads.
Sec. 307. Revision of criteria, standards, and limitations.
Sec. 308. Information and guidelines.
Sec. 309. Secondary treatment.
Sec. 310. Toxic pollutants.
Sec. 311. Local pretreatment authority.
Sec. 312. Compliance with management practices.
Sec. 313. Federal enforcement.
Sec. 314. Response plans for discharges of oil or hazardous substances.
Sec. 315. Marine sanitation devices.
Sec. 316. Federal facilities.
Sec. 317. Clean lakes.
Sec. 318. Cooling water intake structures.
Sec. 319. Nonpoint source management programs.
Sec. 320. National estuary program.
Sec. 321. State watershed management programs.
Sec. 322. Stormwater management programs.
Sec. 323. Risk assessment and disclosure requirements.
Sec. 324. Benefit and cost criterion.
TITLE IV—PERMITS AND LICENSES
Sec. 401. Waste treatment systems for concentrated animal feeding operations.
Sec. 402. Permit reform.
Sec. 403. Review of State programs and permits.
Sec. 404. Statistical noncompliance.
Sec. 405. Anti-backsliding requirements.
Sec. 406. Intake credits.
Sec. 407. Combined sewer overflows.
Sec. 408. Sanitary sewer overflows.
Sec. 409. Abandoned mines.
Sec. 410. Beneficial use of biosolids.
Sec. 411. Waste treatment systems defined.
Sec. 412. Thermal discharges.
TITLE V—GENERAL PROVISIONS
Sec. 501. Consultation with States.
Sec. 502. Navigable waters defined.
Sec. 503. CAFO definition clarification.
Sec. 504. Publicly owned treatment works defined.
Sec. 505. State water quantity rights.
Sec. 506. Implementation of water pollution laws with respect to vegetable oil.
Sec. 507. Needs estimate.
Sec. 508. General program authorizations.
Sec. 509. Indian tribes.
Sec. 510. Food processing and food safety.
Sec. 511. Audit dispute resolution.
TITLE VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS
Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
Sec. 606. State nonpoint source water pollution control revolving funds.
TITLE VII—MISCELLANEOUS PROVISIONS
Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.
TITLE VIII—WETLANDS CONSERVATION AND MANAGEMENT
Sec. 801. Short title.
Sec. 802. Findings and statement of purpose.
Sec. 803. Wetlands conservation and management.
Sec. 804. Definitions.
Sec. 805. Technical and conforming amendments.
Sec. 806. Effective date.
TITLE IX—NAVIGATIONAL DREDGING
Sec. 901. References to act.
Sec. 902. Ocean dumping permits.
Sec. 903. Dredged material permits.
Sec. 904. Permit conditions.
Sec. 905. Special provisions regarding certain dumping sites.
Sec. 906. References to Administrator.
SEC. 2. DEFINITION.
In this Act, the term ‘‘Administrator’’ means the Ad-
ministrator of the Environmental Protection Agency.
SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of the Federal Water Pollution Control Act
(33 U.S.C. 1251–1387).
TITLE I—RESEARCH AND
RELATED PROGRAMS
SEC. 101. NATIONAL GOALS AND POLICIES.
(a) NONPOINT SOURCE POLLUTION; STATE STRATE-
GIES.—Section 101(a) (33 U.S.C. 1251(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) in paragraph (7)—
(A) by inserting ‘‘, including public and
private sector programs using economic incen-
tives,’’ after ‘‘programs’’;
(B) by inserting ‘‘, including stormwater,’’
after ‘‘nonpoint sources of pollution’’ the first
place it appears; and
(C) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(8) it is the national policy to support State ef-
forts undertaken in consultation with tribal and local
governments to identify, prioritize, and implement
water pollution prevention and control strategies;’’.
(b) ROLE OF STATE, TRIBAL, AND LOCAL GOVERN-
MENTS.—Section 101(a) is further amended by adding at
the end the following:
‘‘(9) it is the national policy to recognize, sup-
port, and enhance the role of State, tribal, and local
governments in carrying out the provisions of this
Act;’’.
(c) RECLAMATION AND REUSE.—
(1) RECLAMATION.—Section 101(a)(4) is amend-
ed by inserting after ‘‘works’’ the following: ‘‘and to
reclaim waste water from municipal and industrial
sources’’.
(2) BENEFICIAL REUSE.—Section 101(a) is fur-
ther amended by adding at the end the following:
‘‘(10) it is the national policy that beneficial
reuse of waste water effluent and biosolids be encour-
aged to the fullest extent possible; and’’.
(d) WATER USE EFFICIENCY.—Section 101(a) is fur-
ther amended by adding at the end the following:
‘‘(11) it is the national policy that water use ef-
ficiency be encouraged to the fullest extent possible.’’.
(e) NET BENEFITS.—Section 101 is further amended
by adding at the end the following:
‘‘(h) NET BENEFITS.—It is the national policy that
the development and implementation of water quality pro-
tection programs pursuant to this Act—
‘‘(1) be based on scientifically objective and unbi-
ased information concerning the nature and mag-
nitude of risk; and
‘‘(2) maximize net benefits to society in order to
promote sound regulatory decisions and promote the
rational and coherent allocation of society’s limited
resources.’’.
SEC. 102. RESEARCH, INVESTIGATIONS, TRAINING, AND IN-
FORMATION.
(a) NATIONAL PROGRAMS.—Section 104(a) (33 U.S.C.
1254(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(5);
(2) by striking the period at the end of para-
graph (6) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) in cooperation with appropriate Federal,
State, and local agencies, conduct, promote, and en-
courage to the maximum extent feasible, in watersheds
that may be significantly affected by nonpoint sources
of pollution, monitoring and measurement of water
quality by means and methods that will help to iden-
tify the relative contributions of particular nonpoint
sources.’’.
(b) GRANTS
TO
LOCAL
GOVERNMENTS.—Section
104(b)(3) (33 U.S.C. 1254(b)(3)) is amended by inserting
‘‘local governments,’’ after ‘‘interstate agencies,’’.
(c) TECHNICAL ASSISTANCE FOR RURAL AND SMALL
TREATMENT WORKS.—Section 104(b) (33 U.S.C. 1254(b))
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and
(3) by adding at the end the following new para-
graphs:
‘‘(d) PROHIBITED PROJECTS.—No acidic or other
toxic mine drainage abatement or treatment project may
receive assistance under this section if the project would ad-
versely affect the free-flowing characteristics of any river
segment within a qualified hydrologic unit.
‘‘(e) APPLICATIONS FROM FEDERAL ENTITIES.—Any
Federal entity may apply to the Administrator for a grant
under this section for the purposes of an acidic or toxic
mine drainage abatement or treatment project within a
qualified hydrologic unit located on lands and waters under
the administrative jurisdiction of such entity.
‘‘(f) APPROVAL.—The Administrator shall approve an
application submitted pursuant to subsection (b) or (e)
after determining that the application meets the require-
ments of this section.
‘‘(g) QUALIFIED HYDROLOGIC UNIT DEFINED.—For
purposes of this section, the term ‘qualified hydrologic unit’
means a hydrologic unit—
‘‘(1) in which the water quality has been signifi-
cantly affected by acidic or other toxic mine drainage
from past coal mining practices in a manner which
adversely impacts biological resources; and
‘‘(2) which contains lands and waters eligible for
assistance under title IV of the Surface Mining and
Reclamation Act of 1977.’’.
SEC. 105. WATER SANITATION IN RURAL AND NATIVE
ALASKA VILLAGES.
(a) IN GENERAL.—Section 113 (33 U.S.C. 1263) is
amended by striking the section heading and designation
and subsections (a) through (f) and inserting the following:
‘‘SEC. 113. ALASKA VILLAGE PROJECTS AND PROGRAMS.
‘‘(a) GRANTS.—The Administrator is authorized to
make grants—
‘‘(1) for the development and construction of fa-
cilities which provide sanitation services for rural
and Native Alaska villages;
‘‘(2) for training, technical assistance, and edu-
cational programs relating to operation and mainte-
nance for sanitation services in rural and Native
Alaska villages; and
‘‘(3) for reasonable costs of administering and
managing grants made and programs and projects
carried out under this section; except that not to ex-
ceed 4 percent of the amount of any grant made
under this section may be made for such costs.
‘‘(b) FEDERAL SHARE.—A grant under this section
shall be 50 percent of the cost of the program or project
being carried out with such grant.
‘‘(c) SPECIAL RULE.—The Administrator shall award
grants under this section for project construction following
the rules specified in subpart H of part 1942 of title 7 of
the Code of Federal Regulations.
‘‘(d) GRANTS TO STATE FOR BENEFIT OF VILLAGES.—
Grants under this section may be made to the State for
the benefit of rural Alaska villages and Alaska Native vil-
lages.
‘‘(e) COORDINATION.—In carrying out activities under
this subsection, the Administrator is directed to coordinate
efforts between the State of Alaska, the Secretary of Housing
and Urban Development, the Secretary of Health and
Human Services, the Secretary of the Interior, the Sec-
retary of Agriculture, and the recipients of grants.
‘‘(f) FUNDING.—There is authorized to be appropriated
$25,000,000 for fiscal years beginning after September 30,
1995, to carry out this section.’’.
(b) CONFORMING AMENDMENT.—Section 113(g) is
amended by inserting after ‘‘(g)’’ the following: ‘‘DEFINI-
TIONS.—’’.
SEC. 
106. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR
CHESAPEAKE PROGRAM.
Section 117(d) (33 U.S.C. 1267(d)) is amended—
(1) in paragraph (1), by inserting ‘‘such sums as
may be necessary for fiscal years 1991 through 1995,
and $3,000,000 per fiscal year for each of fiscal years
1996 through 2000’’ after ‘‘1990,’’; and
(2) in paragraph (2), by inserting ‘‘such sums as
may be necessary for fiscal years 1991 through 1995,
and $18,000,000 per fiscal year for each of fiscal
years 1996 through 2000’’ after ‘‘1990,’’.
SEC. 107. GREAT LAKES MANAGEMENT.
(a) GREAT LAKES RESEARCH COUNCIL.—
(1) IN GENERAL.—Section 118 (33 U.S.C. 1268)
is amended—
(A) in subsection (a)(3)—
(i) by striking subparagraph (E) and
inserting the following:
‘‘(E) ‘Council’ means the Great Lakes Re-
search Council established by subsection (d)(1);’’;
(ii) by striking ‘‘and’’ at the end of
subparagraph (I);
(iii) by striking the period at the end
of subparagraph (J) and inserting ‘‘; and’’;
and
(iv) by adding at the end the following:
‘‘(K) ‘Great Lakes research’ means the ap-
plication of scientific or engineering expertise to
explain, understand, and predict a physical,
chemical, biological, or socioeconomic process, or
the interaction of 1 or more of the processes, in
the Great Lakes ecosystem.’’;
(B) by striking subsection (d) and inserting
the following:
‘‘(d) GREAT LAKES RESEARCH COUNCIL.—
‘‘(1) ESTABLISHMENT OF COUNCIL.—There is es-
tablished a Great Lakes Research Council.
‘‘(2) DUTIES OF COUNCIL.—The Council—
‘‘(A) shall advise and promote the coordina-
tion of Federal Great Lakes research activities to
avoid unnecessary duplication and ensure great-
er effectiveness in achieving protection of the
Great Lakes ecosystem through the goals of the
Great Lakes Water Quality Agreement;
‘‘(B) not later than 1 year after the date of
the enactment of this subparagraph and bienni-
ally thereafter and after providing opportunity
for public review and comment, shall prepare
and provide to interested parties a document
that includes—
‘‘(i) an assessment of the Great Lakes
research activities needed to fulfill the goals
of the Great Lakes Water Quality Agree-
ment;
‘‘(ii) an assessment of Federal expertise
and capabilities in the activities needed to
fulfill the goals of the Great Lakes Water
Quality Agreement, including an inventory
of Federal Great Lakes research programs,
projects, facilities, and personnel; and
‘‘(iii) recommendations for long-term
and short-term priorities for Federal Great
Lakes research, based on a comparison of
the assessments conducted under clauses (i)
and (ii);
‘‘(C) shall identify topics for and partici-
pate in meetings, workshops, symposia, and con-
ferences on Great Lakes research issues;
‘‘(D) shall make recommendations for the
uniform collection of data for enhancing Great
Lakes research and management protocols relat-
ing to the Great Lakes ecosystem;
‘‘(E) shall advise and cooperate in—
‘‘(i) improving the compatible integra-
tion of multimedia data concerning the
Great Lakes ecosystem; and
‘‘(ii) any effort to establish a com-
prehensive multimedia data base for the
Great Lakes ecosystem; and
‘‘(F) shall ensure that the results, findings,
and information regarding Great Lakes research
programs conducted or sponsored by the Federal
Government are disseminated in a timely man-
ner, and in useful forms, to interested persons,
using to the maximum extent practicable mecha-
nisms in existence on the date of the dissemina-
tion, such as the Great Lakes Research Inventory
prepared by the International Joint Commission.
‘‘(3) MEMBERSHIP.—
‘‘(A) IN GENERAL.—The Council shall con-
sist of 1 research manager with extensive knowl-
edge of, and scientific expertise and experience
in, the Great Lakes ecosystem from each of the
following agencies and instrumentalities:
‘‘(i) The Agency.
‘‘(ii) The National Oceanic and Atmos-
pheric Administration.
‘‘(iii) The National Biological Service.
‘‘(iv) The United States Fish and
Wildlife Service.
‘‘(v) Any other Federal agency or in-
strumentality that expends $1,000,000 or
more for a fiscal year on Great Lakes re-
search.
‘‘(vi) Any other Federal agency or in-
strumentality that a majority of the Coun-
cil membership determines should be rep-
resented on the Council.
‘‘(B) NONVOTING MEMBERS.—At the request
of a majority of the Council membership, any
person who is a representative of a Federal agen-
cy or instrumentality not described in subpara-
graph (A) or any person who is not a Federal
employee may serve as a nonvoting member of
the Council.
‘‘(4) CHAIRPERSON.—The chairperson of the
Council shall be a member of the Council from an
agency specified in clause (i), (ii), or (iii) of para-
graph (3)(A) who is elected by a majority vote of the
members of the Council. The chairperson shall serve
as chairperson for a period of 2 years. A member of
the Council may not serve as chairperson for more
than 2 consecutive terms.
‘‘(5) EXPENSES.—While performing official du-
ties as a member of the Council, a member shall be
allowed travel or transportation expenses under sec-
tion 5703 of title 5, United States Code.
‘‘(6) INTERAGENCY COOPERATION.—The head of
each Federal agency or instrumentality that is rep-
resented on the Council—
‘‘(A) shall cooperate with the Council in im-
plementing the recommendations developed under
paragraph (2);
‘‘(B) on written request of the chairperson
of the Council, may make available, on a reim-
bursable basis or otherwise, such personnel, serv-
ices, or facilities as may be necessary to assist
the Council in carrying out the duties of the
Council under this section; and
‘‘(C) on written request of the chairperson,
shall furnish data or information necessary to
carry out the duties of the Council under this
section.
‘‘(7) INTERNATIONAL COOPERATION.—The Coun-
cil shall cooperate, to the maximum extent prac-
ticable, with the research coordination efforts of the
Council of Great Lakes Research Managers of the
International Joint Commission.
‘‘(8) REIMBURSEMENT FOR REQUESTED ACTIVI-
TIES.—Each Federal agency or instrumentality rep-
resented on the Council may reimburse another Fed-
eral agency or instrumentality or a non-Federal en-
tity for costs associated with activities authorized
under this subsection that are carried out by the other
agency, instrumentality, or entity at the request of
the Council.
‘‘(9) FEDERAL ADVISORY COMMITTEE ACT.—The
Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Council.
‘‘(10) EFFECT ON OTHER LAW.—Nothing in this
subsection affects the authority of any Federal agency
or instrumentality, under any law, to undertake
Great Lakes research activities.’’;
(C) in subsection (e)—
(i) in paragraph (1) by striking ‘‘the
Program Office and the Research Office
shall prepare a joint research plan’’ and in-
serting ‘‘the Program Office, in consultation
with the Council, shall prepare a research
plan’’; and
(ii) in paragraph (3)(A) by striking
‘‘the Research Office, the Agency for Toxic
Substances and Disease Registry, and Great
Lakes States’’ and inserting ‘‘the Council,
the Agency for Toxic Substances and Dis-
ease Registry, and Great Lakes States,’’;
and
(D) in subsection (h)—
(i) by adding ‘‘and’’ at the end of
paragraph (1);
(ii) by striking ‘‘; and’’ at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3).
(2) CONFORMING AMENDMENT.—The second sen-
tence of section 403(a) of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (16 U.S.C.
1447b(a)) is amended by striking ‘‘Great Lakes Re-
search Office authorized under’’ and inserting ‘‘Great
Lakes Research Council established by’’.
(b) CONSISTENCY
OF PROGRAMS WITH FEDERAL
GUIDANCE.—Section 
118(c)(2)(C) 
(33 
U.S.C.
1268(c)(2)(C)) is amended by adding at the end the follow-
ing: ‘‘For purposes of this section, a State’s standards, poli-
cies, and procedures shall be considered consistent with such
guidance if the standards, policies, and procedures are
based on scientifically defensible judgments and policy
choices made by the State after consideration of the guid-
ance and provide an overall level of protection comparable
to that provided by the guidance, taking into account the
specific circumstances of the State’s waters.’’.
(c) REAUTHORIZATION OF ASSESSMENT AND REMEDI-
ATION OF CONTAMINATED SEDIMENTS PROGRAM.—Section
118(c)(7) is amended by adding at the end the following:
‘‘(D) REAUTHORIZATION
OF
ASSESSMENT
AND
REMEDIATION
OF
CONTAMINATED
SEDI-
MENTS PROGRAM.—
‘‘(i) IN GENERAL.—The Administrator,
acting through the Program Office, in con-
sultation and cooperation with the Assistant
Secretary of the Army having responsibility
for civil works, shall conduct at least 3 pilot
projects involving promising technologies
and practices to remedy contaminated sedi-
ments (including at least 1 full-scale dem-
onstration of a remediation technology) at
sites in the Great Lakes System, as the Ad-
ministrator determines appropriate.
‘‘(ii) SELECTION OF SITES.—In select-
ing sites for the pilot projects, the Adminis-
trator shall give priority consideration to—
‘‘(I) the Ashtabula River in Ohio;
‘‘(II) the Buffalo River in New
York;
‘‘(III) Duluth and Superior Har-
bor in Minnesota;
‘‘(IV) the Fox River in Wisconsin;
‘‘(V) the Grand Calumet River in
Indiana; and
‘‘(VI) Saginaw Bay in Michigan.
‘‘(iii) DEADLINES.—In carrying out
this 
subparagraph, 
the 
Administrator
shall—
‘‘(I) not later than 18 months
after the date of the enactment of this
subparagraph, identify at least 3 sites
and the technologies and practices to be
demonstrated at the sites (including at
least 1 full-scale demonstration of a re-
mediation technology); and
‘‘(II) not later than 5 years after
such date of enactment, complete at
least 3 pilot projects (including at least
1 full-scale demonstration of a remedi-
ation technology).
‘‘(iv) 
ADDITIONAL
PROJECTS.—The
Administrator, acting through the Program
Office, in consultation and cooperation with
the Assistant Secretary of the Army having
responsibility for civil works, may conduct
additional pilot- and full-scale pilot projects
involving promising technologies and prac-
tices at sites in the Great Lakes System
other than the sites selected under clause (i).
‘‘(v) EXECUTION
OF
PROJECTS.—The
Administrator may cooperate with the As-
sistant Secretary of the Army having re-
sponsibility for civil works to plan, engi-
neer, design, and execute pilot projects
under this subparagraph.
‘‘(vi) NON-FEDERAL CONTRIBUTIONS.—
The Administrator may accept non-Federal
contributions to carry out pilot projects
under this subparagraph.
‘‘(vii) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subparagraph
$3,500,000 for each of fiscal years 1996
through 2000.
‘‘(E) TECHNICAL INFORMATION AND ASSIST-
ANCE.—
‘‘(i) IN GENERAL.—The Administrator,
acting through the Program Office, may
provide technical information and assist-
ance involving technologies and practices
for remediation of contaminated sediments
to persons that request the information or
assistance.
‘‘(ii) TECHNICAL
ASSISTANCE
PRIOR-
ITIES.—In providing technical assistance
under this subparagraph, the Adminis-
trator, acting through the Program Office,
shall give special priority to requests for in-
tegrated assessments of, and recommenda-
tions regarding, remediation technologies
and practices for contaminated sediments at
Great Lakes areas of concern.
‘‘(iii) COORDINATION
WITH
OTHER
DEMONSTRATIONS.—The 
Administrator
shall—
‘‘(I) coordinate technology dem-
onstrations conducted under this sub-
paragraph with other federally assisted
demonstrations of contaminated sedi-
ment remediation technologies; and
‘‘(II) share information from the
demonstrations conducted under this
subparagraph with the other dem-
onstrations.
‘‘(iv) OTHER SEDIMENT REMEDIATION
ACTIVITIES.—Nothing in this subparagraph
limits the authority of the Administrator to
carry out sediment remediation activities
under other laws.
‘‘(v) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subparagraph
$1,000,000 for each of fiscal years 1996
through 2000.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) 
RESEARCH
AND
MANAGEMENT.—Section
118(e)(3)(B) (33 U.S.C. 1268(e)(3)(B)) is amended by
inserting before the period at the end the following: ‘‘,
such sums as may be necessary for fiscal year 1995,
and $4,000,000 per fiscal year for each of fiscal years
1996, 1997, and 1998’’.
(2) GREAT LAKES PROGRAMS.—Section 118(h)
(33 U.S.C. 1268(h)) is amended—
(A) by striking ‘‘and’’ before ‘‘$25,000,000’’;
and
(B) by inserting before the period at the end
of the first sentence the following: ‘‘, such sums
as may be necessary for fiscal years 1992
through 1995, and $17,500,000 per fiscal year
for each of fiscal years 1996 through 2000’’.
TITLE II—CONSTRUCTION
GRANTS
SEC. 201. USES OF FUNDS.
(a) NONPOINT SOURCE PROGRAM.—Section 201(g)(1)
(33 U.S.C. 1281(g)(1)) is amended by striking the period
at the end of the first sentence and all that follows through
the period at the end of the last sentence and inserting the
following: ‘‘and for any purpose for which a grant may be
made under sections 319(h) and 319(i) of this Act (includ-
ing any innovative and alternative approaches for the con-
trol of nonpoint sources of pollution).’’.
(b) RETROACTIVE ELIGIBILITY.—Section 201(g)(1) is
further amended by adding at the end the following: ‘‘The
Administrator, with the concurrence of the States, shall de-
velop procedures to facilitate and expedite the retroactive
eligibility and provision of grant funding for facilities al-
ready under construction.’’.
SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUC-
TION GRANT PROGRAM.
Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended
by adding at the end the following: ‘‘The Administrator
may negotiate an annual budget with a State for the pur-
pose of administering the closeout of the State’s construction
grants program under this title. Sums made available for
administering such closeout shall be subtracted from
amounts remaining available for obligation under the
State’s construction grant program under this title.’’.
SEC. 203. SEWAGE COLLECTION SYSTEMS.
Section 211(a) (33 U.S.C. 1291(a)) is amended—
(1) in clause (1) by striking ‘‘an existing collec-
tion system’’ and inserting ‘‘a collection system exist-
ing on the date of the enactment of the Clean Water
Amendments of 1995’’; and
(2) in clause (2)—
(A) by striking ‘‘an existing community’’
and inserting ‘‘a community existing on such
date of enactment’’; and
(B) by striking ‘‘sufficient existing’’ and in-
serting ‘‘sufficient capacity existing on such date
of enactment’’.
SEC. 204. TREATMENT WORKS DEFINED.
(a) INCLUSION OF OTHER LANDS.—Section 212(2)(A)
(33 U.S.C. 1292(2)(A)) is amended—
(1) by striking ‘‘any works, including site’’;
(2) by striking ‘‘is used for ultimate’’ and insert-
ing ‘‘will be used for ultimate’’; and
(3) by inserting before the period at the end the
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’.
(b) POLICY ON COST EFFECTIVENESS.—Section 218(a)
(33 U.S.C. 1298(a)) is amended by striking ‘‘combination
of devices and systems’’ and all that follows through ‘‘from
such treatment;’’ and inserting ‘‘treatment works;’’.
SEC. 205. VALUE ENGINEERING REVIEW.
Section 218(c) (33 U.S.C. 1298(c)) is amended by
striking ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’.
SEC. 206. GRANTS FOR WASTEWATER TREATMENT.
(a) COASTAL LOCALITIES.—The Administrator shall
make grants under title II of the Federal Water Pollution
Control Act to appropriate instrumentalities for the pur-
pose of construction of treatment works (including combined
sewer overflow facilities) to serve coastal localities. No less
than $10,000,000 of the amount of such grants shall be used
for water infrastructure improvements in New Orleans, no
less than $3,000,000 of the amount of such grants shall be
used for water infrastructure improvements in Bristol
County, Massachusetts, and no less than 1⁄3 of the amount
of such grants shall be used to assist localities that meet
both of the following criteria:
(1) 
NEED.—A 
locality 
that 
has 
over
$2,000,000,000 in category I treatment needs docu-
mented and accepted in the Environmental Protection
Agency’s 1992 Needs Survey database as of February
4, 1993.
(2) HARDSHIP.—A locality that has wastewater
user charges, for residential use of 7,000 gallons per
month based on Ernst & Young National Water and
Wastewater 1992 Rate Survey, greater than 0.65 per-
cent of 1989 median household income for the metro-
politan statistical area in which such locality is lo-
cated as measured by the Bureau of the Census.
(b) 
FEDERAL
SHARE.—Notwithstanding 
section
202(a)(1) of the Federal Water Pollution Control Act, the
Federal share of grants under subsection (a) shall be 80 per-
cent of the cost of construction, and the non-Federal share
shall be 20 percent of the cost of construction.
(c) SMALL COMMUNITIES.—The Administrator shall
make grants to States for the purpose of providing assist-
ance for the construction of treatment works to serve small
communities as defined by the State; except that the term
‘‘small communities’’ may not include any locality with a
population greater than 75,000. Funds made available to
carry out this subsection shall be allotted by the Adminis-
trator to the States in accordance with the allotment for-
mula contained in section 604(a) of the Federal Water Pol-
lution Control Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for making grants under this
section $300,000,000 for fiscal year 1996. Such sums shall
remain available until expended and shall be equally di-
vided between subsections (a) and (c) of this section. Such
authorization of appropriation shall take effect only if the
total amount appropriated for fiscal year 1996 to carry out
title VI of the Federal Water Pollution Control Act is at
least $3,000,000,000.
TITLE III—STANDARDS AND
ENFORCEMENT
SEC. 301. EFFLUENT LIMITATIONS.
(a) COMPLIANCE SCHEDULES.—Section 301(b) (33
U.S.C. 1311(b)) is amended—
(1) in paragraph (1)(C) by striking ‘‘not later
than July 1, 1977,’’;
(2) by striking the period at the end and insert-
ing ‘‘not later than 3 years after the date such limita-
tions are established;’’; and
(3) by striking ‘‘, and in no case later than
March 31, 1989’’ each place it appears.
(b) MODIFICATIONS FOR NONCONVENTIONAL POLLUT-
ANTS.—
(1) GENERAL
AUTHORITY.—Section 301(g)(1)
(33 U.S.C. 1311(g)(1)) is amended by striking ‘‘(when
determined by the Administrator to be a pollutant
covered by subsection (b)(2)(F)) and any other pollut-
ant which the Administrator lists under paragraph
(4) of this subsection’’ and inserting ‘‘and any other
pollutant covered by subsection (b)(2)(F)’’.
(2) PROCEDURAL REQUIREMENTS FOR LISTING
AND REMOVAL OF POLLUTANTS.—Section 301(g) (33
U.S.C. 1311(g)) is further amended by striking para-
graphs (4) and (5).
(c) COAL REMINING.—Section 301(p)(2) (33 U.S.C.
1311(p)(2)) is amended by inserting before the period at
the end the following: ‘‘; except where monitoring dem-
onstrates that the receiving waters do not meet such water
quality standards prior to commencement of remining and
where the applicant submits a plan which demonstrates to
the satisfaction of the Administrator or the State, as the
case may be, that identified measures will be utilized to
improve the existing water quality of the receiving waters’’.
(d) PREEXISTING COAL REMINING OPERATIONS.—Sec-
tion 301(p) (33 U.S.C. 1311) is amended by adding at the
end the following:
‘‘(5) 
PREEXISTING
COAL
REMINING
OPER-
ATIONS.—Any operator of a coal mining operation
who conducted remining at a site on which coal min-
ing originally was conducted before the effective date
of the Surface Mining Control and Reclamation Act
of 1977 shall be deemed to be in compliance with sec-
tions 301, 302, 306, 307, and 402 of this Act if—
‘‘(A) such operator commenced remining at
such operation prior to the adoption of this sub-
section in a State program approved under sec-
tion 402 and performed such remining under a
permit pursuant to such Act; and
‘‘(B) the post-mining discharges from such
operation do not add pollutants to the waters of
the United States in excess of those pollutants
discharged from the remined area before the coal
remining operation began.’’.
SEC. 302. POLLUTION PREVENTION OPPORTUNITIES.
(a) INNOVATIVE
PRODUCTION
PROCESSES.—Sub-
section (k) of section 301 (33 U.S.C. 1311(k)) is amended
to read as follows:
‘‘(k) INNOVATIVE PRODUCTION PROCESSES, TECH-
NOLOGIES, AND METHODS.—
‘‘(1) IN
GENERAL.—In the case of any point
source subject to a permit under section 402, the Ad-
ministrator, with the consent of the State in which
the point source is located, or the State in consulta-
tion with the Administrator, in the case of a State
with an approved program under section 402, may,
at the request of the permittee and after public notice
and opportunity for comment, extend the deadline for
the point source to comply with any limitation estab-
not extend beyond the period necessary for the owner
of the point source to install and use the innovative
process, technology, or method in full-scale production
operations, but in no case shall the compliance exten-
sions extend beyond 3 years from the date for compli-
ance with the otherwise applicable limitations.
‘‘(3) CONSEQUENCES OF FAILURE.—In determin-
ing the amount of any civil or administrative penalty
pursuant to section 309(d) or 309(g) for any viola-
tions of a section 402 permit during the extension pe-
riod referred to in paragraph (1) that are caused by
the unexpected failure of an innovative process, tech-
nology, or method, a court or the Administrator, as
appropriate, shall reduce or eliminate the penalty for
such violation if the permittee has made good-faith ef-
forts both to implement the innovation and to comply
with any interim limitations.
‘‘(4) REPORT.—Not later than 1 year after the
date of the enactment of this subsection, the Adminis-
trator shall review, analyze, and compile in a report
information on innovative and alternative tech-
nologies which are available for preventing and re-
ducing pollution of navigable waters, submit such re-
port to Congress, and publish in the Federal Register
a summary of such report and a notice of the avail-
ability of such report. The Administrator shall annu-
ally update the report prepared under this para-
graph, submit the updated report to Congress, and
publish in the Federal Register a summary of the up-
dated report and a notice of its availability.’’.
(b) POLLUTION
PREVENTION
PROGRAMS.—Section
301 (33 U.S.C. 1311) is amended—
(1) in subsection (l) by striking ‘‘subsection (n)’’
and inserting ‘‘subsections (n), (q), and (r)’’; and
(2) by adding at the end the following:
‘‘(q) POLLUTION PREVENTION PROGRAMS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act, the Administrator (with the
concurrence of the State) or a State with an approved
program under section 402, after public notice and
an opportunity for comment, may issue a permit
under section 402 which modifies the requirements of
subsection (b) of this section or section 306 and makes
appropriate modifications to the conditions of the
permit, or may modify the requirements of section
307, if the Administrator or State determines that
pollution prevention measures or practices (including
recycling, source reduction, and other measures to re-
duce discharges or other releases of pollutants to the
environment beyond those otherwise required by law)
together with such modifications will achieve an over-
all reduction in emissions to the environment (includ-
ing emissions to water and air and disposal of solid
wastes) from the facility at which the permitted dis-
charge is located that is greater than would otherwise
be achievable if the source complied with the require-
ments of subsection (b) or section 306 or 307 and will
result in an overall net benefit to the environment.
‘‘(2) TERM OF MODIFICATION.—A modification
made pursuant to paragraph (1) shall extend for the
term of the permit or, in the case of modifications
under section 307(b), for up to 10 years, and may be
extended further if the Administrator or State deter-
mines at the expiration of the initial modifications
that such modifications will continue to enable the
source to achieve greater emissions reduction than
would otherwise be attainable.
‘‘(3) NONEXTENSION
OF
MODIFICATION.—Upon
expiration of a modification that is not extended fur-
ther under paragraph (2), the source shall have a rea-
sonable period of time, not to exceed 2 years, to come
into compliance with otherwise applicable require-
ments of this Act.
‘‘(4) REPORT.—Not later than 3 years after the
date of the enactment of this subsection, the Adminis-
trator shall submit to Congress a report on the imple-
mentation of this subsection and the emissions reduc-
tions achieved as a result of modifications made pur-
suant to this subsection.’’.
(c) POLLUTION REDUCTION AGREEMENTS.—Section
301 is further amended by adding at the end the following:
‘‘(r) POLLUTION REDUCTION AGREEMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act, the Administrator (with the
concurrence of the State) or a State with an approved
program under section 402, after public notice and
an opportunity for comment, may issue a permit
under section 402 which modifies the requirements of
subsection (b) of this section or section 306 and makes
appropriate modifications to the conditions of the
permit, or may modify the requirements of section
307, if the Administrator or State determines that the
owner or operator of the source of the discharge has
entered into a binding contractual agreement with
any other source of discharge in the same watershed
to implement pollution reduction controls or measures
beyond those otherwise required by law and that the
agreement is being implemented through modifica-
tions of a permit issued under section 402 to the other
source, by modifications of the requirements of section
307 applicable to the other source, or by nonpoint
source control practices and measures under section
319 applicable to the other source. The Administrator
or State may modify otherwise applicable require-
ments pursuant to this section whenever the Adminis-
trator or State determines that such pollution reduc-
tion control or measures will result collectively in an
overall reduction in discharges to the watershed that
is greater than would otherwise be achievable if the
parties to the pollution reduction agreement each
complied with applicable requirements of subsection
(b), section 306 or 307 resulting in a net benefit to
the watershed.
‘‘(2) NOTIFICATION TO AFFECTED STATES.—Be-
fore issuing or modifying a permit under this sub-
section allowing discharges into a watershed that is
within the jurisdiction of 2 or more States, the Ad-
ministrator or State shall provide written notice of
the proposed permit to all States with jurisdiction
over the watershed. The Administrator or State shall
not issue or modify such permit unless all States with
jurisdiction over the watershed have approved such
permit or unless such States do not disapprove such
permit within 90 days of receiving such written
notice.
‘‘(3) TERM
OF
MODIFICATION.—Modifications
made pursuant to this subsection shall extend for the
term of the modified permits or, in the case of modi-
fications under section 307, for up to 10 years, and
may be extended further if the Administrator or State
determines, at the expiration of the initial modifica-
tions, that such modifications will continue to enable
the sources trading credits to achieve greater reduc-
tion in discharges to the watershed collectively than
would otherwise be attainable.
‘‘(4) NONEXTENSION
OF
MODIFICATION.—Upon
expiration of a modification that is not extended fur-
ther under paragraph (3), the source shall have a rea-
sonable period of time, not to exceed 2 years, to come
into compliance with otherwise applicable require-
ments of this Act.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to authorize the Administrator or a State, as appro-
priate, to compel trading among sources or to impose
nonpoint source control practices without the consent
of the nonpoint source discharger.
‘‘(6) REPORT.—Not later than 3 years after the
date of the enactment of this subsection, the Adminis-
trator shall submit a report to Congress on the imple-
mentation of paragraph (1) and the discharge reduc-
tions achieved as a result of modifications made pur-
suant to paragraph (1).’’.
(d) ANTIBACKSLIDING.—Section 402(o)(2) (33 U.S.C.
1342(o)(2)) is amended—
(1) in subparagraph (D)—
(A) by inserting ‘‘301(q), 301(r),’’ after
‘‘301(n),’’; and
(B) by striking ‘‘or’’ the last place it ap-
pears;
(2) in subparagraph (E) by striking the period
at the end and inserting ‘‘; or’’; and
(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) the permittee is taking pollution pre-
vention or water conservation measures that
produce a net environmental benefit, including,
but not limited to, measures that result in the
substitution of one pollutant for another pollut-
ant; increase the concentration of a pollutant
while decreasing the discharge flow; or increase
the discharge of a pollutant or pollutants from
one or more outfalls at a permittee’s facility,
when accompanied by offsetting decreases in the
discharge of a pollutant or pollutants from other
outfalls at the permittee’s facility.’’.
(e) ANTIDEGRADATION REVIEW.—Section 303(d) (33
U.S.C. 1313(d)) is amended by adding at the end the follow-
ing:
‘‘(5) ANTIDEGRADATION REVIEW.—The Adminis-
trator may not require a State, in implementing the
antidegradation policy established under this section,
to conduct an antidegradation review in the case of—
‘‘(A) increases in a discharge which are au-
thorized under section 301(g), 301(k), 301(q),
301(r), or 301(t);
‘‘(B) increases in the concentration of a pol-
lutant in a discharge caused by a reduction in
wastewater flow;
‘‘(C) increases in the discharge of a pollut-
ant or pollutants from one or more outfalls at a
permittee’s facility, when accompanied by offset-
ting decreases in the discharge of a pollutant or
pollutants from other outfalls at the permittee’s
facility;
‘‘(D) reissuance of a permit where there is
no increase in existing effluent limitations and,
if a new effluent limitation is being added to the
permit, where the new limitation is for a pollut-
ant that is newly found in an existing discharge
due solely to improved monitoring methods; or
‘‘(E) a new or increased discharge which is
temporary or short-term or which the State de-
termines represents an insignificant increased
pollutant loading.’’.
(f) INNOVATIVE PRETREATMENT PRODUCTION PROC-
ESSES.—Subsection (e) of section 307 (33 U.S.C. 1317(e))
is amended to read as follows:
‘‘(e) INNOVATIVE PRETREATMENT PRODUCTION PROC-
ESSES, TECHNOLOGIES, AND METHODS.—
‘‘(1) IN GENERAL.—In the case of any facility
that proposes to comply with the national categorical
pretreatment standards developed under subsection (b)
by applying an innovative pollution prevention tech-
nology (including an innovative production process
change, innovative pollution control technology, or in-
novative recycling method) that meets the require-
ments of section 301(k), the Administrator or the
State, in consultation with the Administrator, in the
case of a State which has a pretreatment program ap-
proved by the Administrator, upon application of the
facility and with the concurrence of the treatment
works into which the facility introduces pollutants,
may extend the deadlines for compliance with the ap-
plicable national categorical pretreatment standards
established under this section and make other appro-
priate modifications to the facility’s pretreatment re-
quirements if the Administrator or the State, in con-
sultation with the Administrator, in the case of a
State which has a pretreatment program approved by
the Administrator determines that—
‘‘(A) the treatment works will require the
owner of the source to conduct such tests and
monitoring during the period of the modification
as are necessary to ensure that the modification
does not cause or contribute to a violation by the
treatment works under section 402 or a violation
of section 405;
‘‘(B) the treatment works will require the
owner of the source to report on progress at pre-
scribed milestones during the period of modifica-
tion to ensure that attainment of the pollution
reduction goals and conditions set forth in this
section is being achieved; and
‘‘(C) the proposed extensions or modifica-
tions will not cause or contribute to any viola-
tion of a permit granted to the treatment works
under section 402, any violation of section 405,
or a pass through of pollutants such that water
quality standards are exceeded in the body of
water into which the treatment works discharges.
‘‘(2) INTERIM
LIMITATIONS.—A modification
granted pursuant to paragraph (1) shall include in-
terim standards that shall apply during the tem-
porary period of the modification and shall be the
more stringent of—
‘‘(A) those necessary to ensure that the dis-
charge will not interfere with the operation of
the treatment works;
‘‘(B) those necessary to ensure that the dis-
charge will not pass through pollutants at a level
that will cause water quality standards to be ex-
ceeded in the navigable waters into which the
treatment works discharges;
‘‘(C) the limits established in the previously
applicable control mechanism, in those cases in
which the limit from which a modification is
being sought is more stringent than the limit es-
tablished in a previous control mechanism appli-
cable to such source.
‘‘(3) DURATION OF EXTENSIONS AND MODIFICA-
TIONS.—The extension of the compliance deadlines
and the modified pretreatment requirements estab-
lished pursuant to paragraph (1) shall not extend be-
yond the period necessary for the owner to install and
use the innovative process, technology, or method in
full-scale production operation, but in no case shall
the compliance extensions and modified requirements
extend beyond 3 years from the date for compliance
with the otherwise applicable standards.
‘‘(4) CONSEQUENCES OF FAILURE.—In determin-
ing the amount of any civil or administrative penalty
pursuant to section 309(d) or 309(g) for any
pretreatment violations, or violations by a publicly
owned treatment works, caused by the unexpected fail-
ure of an innovative process, technology, or method,
a court or the Administrator, as appropriate, shall
reduce, or eliminate, the penalty amount for such vio-
lations provided the facility made good-faith efforts
both to implement the innovation and to comply with
the interim standards and, in the case of a publicly
owned treatment works, good-faith efforts were made
to implement the pretreatment program.’’.
SEC. 303. WATER QUALITY STANDARDS AND IMPLEMENTA-
TION PLANS.
(a) NO REASONABLE RELATIONSHIP.—Section 303(b)
(33 U.S.C. 1313(b)) is amended by adding at the end the
following:
‘‘(3) NO REASONABLE RELATIONSHIP.—No water
quality standard shall be established under this sub-
section where there is no reasonable relationship be-
tween the costs and anticipated benefits of attaining
such standard.’’.
(b) REVISION OF STATE STANDARDS.—
(1) REVIEW
OF
REVISIONS
BY
THE
ADMINIS-
TRATOR.—Section 303(c)(1) is amended by striking
‘‘three’’ and all that follows through ‘‘1972’’ and in-
serting the following: ‘‘5-year period beginning on the
date of the enactment of the Clean Water Amendments
of 1995 and, for criteria that are revised by the Ad-
ministrator pursuant to section 304(a), on or before
the 180th day after the date of such revision by the
Administrator’’.
(2) 
FACTORS.—Section 
303(c) 
(33 
U.S.C.
1313(c)) is amended by striking paragraph (2)(A)
and inserting the following:
‘‘(2) STATE
ADOPTION
OF
WATER
QUALITY
STANDARDS.—
‘‘(A) IN GENERAL.—
‘‘(i) 
SUBMISSION
TO
ADMINIS-
TRATOR.—Whenever the State revises or
adopts a new water quality standard, such
standard shall be submitted to the Adminis-
trator.
‘‘(ii) DESIGNATED
USES
AND
WATER
QUALITY
CRITERIA.—The revised or new
standard shall consist of the designated uses
of the navigable waters involved and the
water quality criteria for such waters based
upon such uses.
‘‘(iii) 
PROTECTION
OF
HUMAN
HEALTH.—The revised or new standard
shall protect human health and the environ-
ment and enhance water quality.
‘‘(iv) DEVELOPMENT OF STANDARDS.—
In developing revised or new standards, the
State may consider information reasonably
available on the likely social, economic, en-
ergy use, and environmental cost associated
with attaining such standards in relation to
the benefits to be attained. The State may
provide a description of the considerations
used in the establishment of the standards.
‘‘(v) RECORD OF STATE’S REVIEW.—
The record of a State’s review under para-
graph (1) of an existing standard or adop-
tion of a new standard that includes water
quality criteria issued or revised by the Ad-
ministrator after the date of the enactment
of this sentence shall contain available esti-
mates of costs of compliance with the water
quality criteria published by the Adminis-
trator under section 304(a)(12) and any
comments received by the State on such esti-
mate.
‘‘(vi) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this subsection
shall be construed to limit or delay the use
of any guidance of the Administrator inter-
preting water quality criteria to allow the
use of a dissolved metals concentration
measurement or similar adjustment in de-
termining compliance with a water quality
standard or establishing effluent limita-
tions.’’.
(c) 
REVISION
OF
DESIGNATED
USES.—Section
303(c)(2) (33 U.S.C. 1313(c)(2)) is amended by adding at
the end the following:
‘‘(C) REVISION OF DESIGNATED USES.—
‘‘(i) REGULATIONS.—After consultation
with State officials and not later than 1
year after the date of the enactment of this
subparagraph, the Administrator shall pro-
pose, and not later than 2 years after such
date of enactment shall issue, a revision to
the Administrator’s regulations regarding
designation of uses of waters by States.
‘‘(ii) WATERS
NOT
ATTAINING
DES-
IGNATED USES.—For navigable waters not
attaining designated uses, the Adminis-
trator shall identify conditions that make
attainment of the designated use infeasible
and shall allow a State to modify the des-
ignated use if the State determines that
such condition or conditions are present
with respect to a particular receiving water,
or if the State determines that the costs of
achieving the designated use are not justi-
fied by the benefits.
‘‘(iii) WATERS ATTAINING DESIGNATED
USES.—For navigable waters attaining the
designated use applicable to such waters for
all pollutants, the Administrator shall allow
a State to modify the designated use only if
the State determines that continued mainte-
nance of the water quality necessary to sup-
port the designated use will result in sig-
nificant social or economic dislocations sub-
stantially out of proportion to the benefits
to be achieved from maintenance of the des-
ignated use.
‘‘(iv) MODIFICATION OF POINT SOURCE
LIMITS.—Notwithstanding any other provi-
sion of this Act, water quality based limits
applicable to point sources may be modified
as appropriate to conform to any modified
designated use under this section.’’.
SEC. 304. USE OF BIOLOGICAL MONITORING.
(a) LABORATORY
BIOLOGICAL
MONITORING
CRI-
TERIA.—Subparagraph (B) of section 303(c)(2) (33 U.S.C.
1313(c)(2)) is amended—
(1) by inserting ‘‘CRITERIA FOR TOXIC POLLUT-
ANTS.—’’ after ‘‘(B)’’;
(2) by moving such subparagraph 4 ems to the
right;
(3) by inserting after the third sentence the fol-
lowing: ‘‘Criteria for whole effluent toxicity based on
laboratory biological monitoring or assessment meth-
ods shall employ an aquatic species indigenous, or
representative of indigenous, and relevant to the type
of waters covered by such criteria and shall take into
account the accepted analytical variability associated
with such methods in defining an exceedance of such
criteria.’’.
(b) PERMIT PROCEDURES.—Section 402 is amended
by adding at the end the following:
‘‘(q) BIOLOGICAL MONITORING PROCEDURES.—
‘‘(1) RESPONDING TO EXCEEDANCES.—If a per-
mit issued under this section contains terms, condi-
tions, or limitations requiring biological monitoring
or whole effluent toxicity testing designed to meet cri-
teria for whole effluent toxicity based on laboratory
biological monitoring or assessment methods described
in section 303(c)(2)(B), the permit shall establish pro-
cedures for responding to an exceedance of such cri-
teria that includes analysis, identification, reduction,
or, where feasible, elimination of any effluent toxicity.
The failure of a biological monitoring test or whole ef-
fluent toxicity test shall not result in a finding of a
violation under this Act, unless it is demonstrated
that the permittee has failed to comply with such pro-
cedures.
‘‘(2) DISCONTINUANCE
OF
USE.—The permit
shall allow the permittee to discontinue such proce-
dures—
‘‘(A) if the permittee is an entity, other
than a publicly owned treatment works, if the
permittee demonstrates through a field bio-assess-
ment study that a balanced and healthy popu-
lation of aquatic species indigenous, or rep-
resentative of indigenous, and relevant to the
type of waters exists in the waters that are af-
fected by the discharge, and if the applicable
water quality standards are met for such waters;
or
‘‘(B) if the permittee is a publicly owned
treatment works, the source or cause of such tox-
icity cannot, after thorough investigation, be
identified.’’.
(c) INFORMATION ON WATER QUALITY CRITERIA.—
Section 304(a)(8) (33 U.S.C. 1314(a)(8)) is amended—
(1) by striking ‘‘, after’’ and all that follows
through ‘‘1987,’’; and
(2) by inserting after ‘‘publish’’ the following: ‘‘,
consistent with section 303(c)(2)(B) of this Act,’’.
SEC. 305. ARID AREAS.
(a) CONSTRUCTED WATER CONVEYANCES.—Section
303(c)(2) (33 U.S.C. 1313(c)(2)) is amended by adding at
the end the following:
‘‘(D) 
STANDARDS
FOR
CONSTRUCTED
WATER CONVEYANCES.—
‘‘(i) RELEVANT FACTORS.—If a State
exercises jurisdiction over constructed water
conveyances in establishing standards under
this section, the State may consider the fol-
lowing:
‘‘(I) The existing and planned
uses of water transported in a convey-
ance system.
‘‘(II) Any water quality impacts
resulting from any return flow from a
constructed water conveyance to navi-
gable waters and the need to protect
downstream users.
‘‘(III) Management practices nec-
essary to maintain the conveyance sys-
tem.
‘‘(IV) State or regional water re-
sources management and water con-
servation plans.
‘‘(V) The authorized purpose for
the constructed conveyance.
‘‘(ii) RELEVANT
USES.—If a State
adopts or reviews water quality standards
for constructed water conveyances, it shall
not be required to establish recreation,
aquatic life, or fish consumption uses for
such systems if the uses are not existing or
reasonably foreseeable or such uses impede
the authorized uses of the conveyance sys-
tem.’’.
(b) CRITERIA AND GUIDANCE FOR EPHEMERAL AND
EFFLUENT-DEPENDENT
STREAMS.—Section 304(a) (33
U.S.C. 1314(a)) is amended by adding at the end the follow-
ing:
‘‘(9) CRITERIA AND GUIDANCE FOR EPHEMERAL
AND EFFLUENT-DEPENDENT STREAMS.—
‘‘(A) DEVELOPMENT.—Not later than 2
years after the date of the enactment of this
paragraph, and after providing notice and op-
portunity for public comment, the Administrator
shall develop and publish—
‘‘(i) criteria for ephemeral and efflu-
ent-dependent streams; and
‘‘(ii) guidance to the States on develop-
ment and adoption of water quality stand-
ards applicable to such streams.
‘‘(B) FACTORS.—The criteria and guidance
developed under subparagraph (A) shall take
into account the limited ability of ephemeral and
effluent-dependent streams to support aquatic life
and certain designated uses, shall include consid-
eration of the role the discharge may play in
maintaining the flow or level of such waters, and
shall promote the beneficial use of reclaimed
water pursuant to section 101(a)(10).’’.
(c) FACTORS REQUIRED TO BE CONSIDERED BY AD-
MINISTRATOR.—Section 303(c)(4) is amended by adding at
the end the following: ‘‘In revising or adopting any new
standard for ephemeral or effluent-dependent streams under
this paragraph, the Administrator shall consider the factors
referred to in section 304(a)(9)(B).’’.
(d) DEFINITIONS.—Section 502 (33 U.S.C. 1362) is
amended by adding at the end the following:
‘‘(21) The term ‘effluent-dependent stream’ means a
stream or a segment thereof—
‘‘(A) with respect to which the flow (based on the
annual average expected flow, determined by calculat-
ing the average mode over a 10-year period) is pri-
marily attributable to the discharge of treated
wastewater;
‘‘(B) that, in the absence of a discharge of treat-
ed wastewater and other primary anthropogenic sur-
face or subsurface flows, would be an ephemeral
stream; or
‘‘(C) that is an effluent-dependent stream under
applicable State water quality standards.
‘‘(22) The term ‘ephemeral stream’ means a stream or
segments thereof that flows periodically in response to pre-
cipitation, snowmelt, or runoff.
‘‘(23) The term ‘constructed water conveyance’ means
a manmade water transport system constructed for the pur-
pose of transporting water in a waterway that is not and
never was a natural perennial waterway.’’.
SEC. 306. TOTAL MAXIMUM DAILY LOADS.
Section 303(d)(1)(C) (33 U.S.C. 1313(d)(1)(C)) is
amended to read as follows:
‘‘(C) TOTAL MAXIMUM DAILY LOADS.—
‘‘(i) STATE DETERMINATION OF REA-
SONABLE PROGRESS.—Each State shall es-
tablish, to the extent and according to a
schedule the State determines is necessary to
achieve reasonable progress toward the at-
tainment or maintenance of water quality
standards, for the waters identified in para-
graph (1)(A) of this subsection, and in ac-
cordance with the priority ranking, the
total maximum daily load, for those pollut-
ants which the Administrator identifies
under section 304(a)(2) as suitable for such
calculation.
‘‘(ii) PHASED TOTAL MAXIMUM DAILY
LOADS.—Total maximum daily loads may
reflect load reductions the State expects will
be realized over time resulting from antici-
pated implementation of best management
practices, storm water controls, or other
nonpoint or point source controls; so long as
by December 31, 2015, such loads are estab-
lished at levels necessary to implement the
applicable water quality standards with
seasonal variations and a margin of safety.
‘‘(iii) CONSIDERATIONS.—In establish-
ing each load, the State shall consider the
availability of scientifically valid data and
information, 
the 
projected 
reductions
achievable by control measures or practices
for all sources or categories of sources, and
the relative cost-effectiveness of implement-
ing such control measures or practices for
such sources.’’.
SEC. 307. REVISION OF CRITERIA, STANDARDS, AND LIMITA-
TIONS.
(a) REVISION OF WATER QUALITY CRITERIA.—
(1) FACTORS.—Section 304(a)(1) (33 U.S.C.
1314(a)(1)) is amended—
(A) by striking ‘‘and (C)’’ and inserting
‘‘(C)’’; and
(B) by striking the period at the end and
inserting the following: ‘‘(D) on the organisms
that are likely to be present in various
ecosystems; (E) on the bioavailability of pollut-
ants under various natural and man induced
conditions; (F) on the magnitude, duration, and
frequency of exposure reasonably required to in-
duce the adverse effects of concern; and (G) on
the bioaccumulation threat presented under var-
ious natural conditions.’’.
(2) CERTIFICATION.—Section 304(a) (33 U.S.C.
1314(a)) is amended by adding at the end the follow-
ing:
‘‘(10) CERTIFICATION.—
‘‘(A) IN GENERAL.—Not later than 5 years
after the date of the enactment of this paragraph,
and at least once every 5 years thereafter, the
Administrator shall publish a written certifi-
cation that the criteria for water quality devel-
oped under paragraph (1) reflect the latest and
best scientific knowledge.
‘‘(B) UPDATING OF EXISTING CRITERIA.—
Not later than 90 days after the date of the en-
actment of this paragraph, the Administrator
shall publish a schedule for updating, by not
later than 5 years after the date of the enactment
of this paragraph, the criteria for water quality
developed under paragraph (1) before the date of
the enactment of this subsection.
‘‘(C) DEADLINE FOR REVISION OF CERTAIN
CRITERIA.—Not later than 1 year after the date
of the enactment of this paragraph, the Adminis-
trator shall revise and publish criteria under
paragraph (1) for ammonia, chronic whole efflu-
ent toxicity, and metals as necessary to allow the
Administrator to make the certification under
subparagraph (A).’’.
(b) CONSIDERATION OF CERTAIN CONTAMINANTS.—
Section 304(a) (33 U.S.C. 1314(a)) is amended by adding
at the end the following:
‘‘(11) CONSIDERATION
OF
CERTAIN
CONTAMI-
NANTS.—In developing and revising criteria for water
quality criteria under paragraph (1), the Adminis-
trator shall consider addressing, at a minimum, each
contaminant regulated pursuant to section 1412 of
the Public Health Service Act (42 U.S.C. 300g–1).’’.