(c) COST ESTIMATE.—Section 304(a) (33 U.S.C.
1314(a)) is further amended by adding at the end the fol-
lowing:
‘‘(12) COST ESTIMATE.—Whenever the Adminis-
trator issues or revises a criteria for water quality
under paragraph (1), the Administrator, after con-
sultation with Federal and State agencies and other
interested persons, shall develop and publish an esti-
mate of the costs that would likely be incurred if
sources were required to comply with the criteria and
an analysis to support the estimate. Such analysis
shall meet the requirements relevant to the estimation
of costs published in guidance issued under section
324(b).’’.
(d) REVISION OF EFFLUENT LIMITATIONS.—
(1) ELIMINATION OF REQUIREMENT FOR ANNUAL
REVISION.—Section 304(b) (33 U.S.C. 1314(b)) is
amended in the matter preceding paragraph (1) by
striking ‘‘and, at least annually thereafter,’’ and in-
serting ‘‘and thereafter shall’’.
(2) SPECIAL RULE.—Section 304(b) (33 U.S.C.
1314(b)) is amended by striking the period at the end
of the first sentence and inserting the following: ‘‘; ex-
cept that guidelines issued under paragraph (1)(A)
addressing pollutants identified pursuant to sub-
section (a)(4) shall not be revised after February 15,
1995, to be more stringent unless such revised guide-
lines meet the requirements of paragraph (4)(A).’’.
(e) SCHEDULE FOR REVIEW OF GUIDELINES.—Section
304(m)(1) (33 U.S.C. 1314(m)(1)) is amended to read as
follows:
‘‘(1) PUBLICATION.—Not later than 3 years after
the date of the enactment of the Clean Water Amend-
ments of 1995, the Administrator shall publish in the
Federal Register a plan which shall—
‘‘(A) identify categories of sources discharg-
ing pollutants for which guidelines under sub-
section (b)(2) of this section and section 306 have
not been previously published;
‘‘(B) establish a schedule for determining
whether such discharge presents a significant
risk to human health and the environment and
whether such risk is sufficient, when compared to
other sources of pollutants in navigable waters,
to warrant regulation by the Administrator; and
‘‘(C) establish a schedule for issuance of ef-
fluent guidelines for those categories identified
pursuant to subparagraph (B).’’.
(f) REVISION OF PRETREATMENT REQUIREMENTS.—
Section 304(g)(1) (33 U.S.C. 1314(g)(1)) is amended by
striking ‘‘and review at least annually thereafter and, if
appropriate, revise’’ and insert ‘‘and thereafter revise, as
appropriate,’’.
(g) CENTRAL TREATMENT FACILITY EXEMPTION.—
Section 304 (33 U.S.C. 1314) is amended by adding at the
end the following:
‘‘(n) CENTRAL TREATMENT FACILITY EXEMPTION.—
The exemption from effluent guidelines for the Iron and
Steel Manufacturing Point Source Category set forth in sec-
tion 420.01(b) of title 40, Code of Federal Regulations, for
the facilities listed in such section shall remain in effect
for any facility that met the requirements of such section
on or before July 26, 1982, until the Administrator develops
alternative effluent guidelines for the facility.’’.
SEC. 308. INFORMATION AND GUIDELINES.
Section 304(i)(2)(D) (33 U.S.C. 1314(i)(2)(D)) is
amended by striking ‘‘any person’’ and all that follows
through the period at the end and inserting the following:
‘‘any person (other than a retiree or an employee or official
of a city, county, or local governmental agency) who re-
ceives a significant portion of his or her income during the
period of service on the board or body directly or indirectly
from permit holders or applicants for a permit).’’.
SEC. 309. SECONDARY TREATMENT.
(a) COASTAL
DISCHARGES.—Section 304(d) (33
U.S.C. 1314(d)) is amended by adding at the end the follow-
ing:
‘‘(5) COASTAL
DISCHARGES.—For purposes of
this subsection, any municipal wastewater treatment
facility shall be deemed the equivalent of a secondary
treatment facility if each of the following require-
ments is met:
‘‘(A) The facility employs chemically en-
hanced primary treatment.
‘‘(B) The facility, on the date of the enact-
ment of this paragraph, discharges through an
ocean outfall into an open marine environment
greater than 4 miles offshore into a depth greater
than 300 feet.
‘‘(C) The facility’s discharge is in compli-
ance with all local and State water quality
standards for the receiving waters.
‘‘(D) The facility’s discharge will be subject
to an ocean monitoring program acceptable to
relevant Federal and State regulatory agencies.’’.
(b) MODIFICATION OF SECONDARY TREATMENT RE-
QUIREMENTS.—
(1) IN GENERAL.—Section 301 (33 U.S.C. 1311)
is amended by adding at the end the following:
‘‘(s) MODIFICATION OF SECONDARY TREATMENT RE-
QUIREMENTS.—
‘‘(1) IN GENERAL.—The Administrator, with the
concurrence of the State, shall issue a 10-year permit
under section 402 which modifies the requirements of
subsection (b)(1)(B) of this section with respect to the
discharge of any pollutant from a publicly owned
treatment works into marine waters which are at
least 150 feet deep through an ocean outfall which dis-
charges at least 1 mile offshore, if the applicant dem-
onstrates that—
‘‘(A) there is an applicable ocean plan and
the facility’s discharge is in compliance with all
local and State water quality standards for the
receiving waters;
‘‘(B) the facility’s discharge will be subject
to an ocean monitoring program determined to
be acceptable by relevant Federal and State regu-
latory agencies;
‘‘(C) the applicant has an Agency approved
pretreatment plan in place; and
‘‘(D) the applicant, at the time such modi-
fication becomes effective, will be discharging ef-
fluent which has received at least chemically en-
hanced primary treatment and achieves a
monthly average of 75 percent removal of sus-
pended solids.
‘‘(2) DISCHARGE OF ANY POLLUTANT INTO MA-
RINE WATERS DEFINED.—For purposes of this sub-
section, the term ‘discharge of any pollutant into ma-
rine waters’ means a discharge into deep waters of the
territorial sea or the waters of the contiguous zone, or
into saline estuarine waters where there is strong
tidal movement.
‘‘(3) DEADLINE.—On or before the 90th day after
the date of submittal of an application for a modi-
fication under paragraph (1), the Administrator shall
issue to the applicant a modified permit under sec-
tion 402 or a written determination that the applica-
tion does not meet the terms and conditions of this
subsection.
‘‘(4) EFFECT OF FAILURE TO RESPOND.—If the
Administrator does not respond to an application for
a modification under paragraph (1) on or before the
90th day referred to in paragraph (3), the applica-
tion shall be deemed approved and the modification
sought by the applicant shall be in effect for the suc-
ceeding 10-year period.’’.
(2) EXTENSION
OF
APPLICATION
DEADLINE.—
Section 301(j) (33 U.S.C. 1311(j)) is amended by
adding at the end the following:
‘‘(6) EXTENSION OF APPLICATION DEADLINE.—
In the 365-day period beginning on the date of the
enactment of this paragraph, municipalities may
apply for a modification pursuant to subsection (s) of
the requirements of subsection (b)(1)(B) of this sec-
tion.’’.
(c) MODIFICATIONS FOR SMALL SYSTEM TREATMENT
TECHNOLOGIES.—Section 301 (33 U.S.C. 1311) is amended
by adding at the end the following:
‘‘(t) MODIFICATIONS FOR SMALL SYSTEM TREATMENT
TECHNOLOGIES.—The Administrator, with the concurrence
of the State, or a State with an approved program under
section 402 may issue a permit under section 402 which
modifies the requirements of subsection (b)(1)(B) of this sec-
tion with respect to the discharge of any pollutant from a
publicly owned treatment works serving a community of
20,000 people or fewer if the applicant demonstrates to the
satisfaction of the Administrator that—
‘‘(1) the effluent from such facility originates
primarily from domestic users; and
‘‘(2) such facility utilizes a properly constructed
and operated alternative treatment system (including
recirculating sand filter systems, constructed wet-
lands, and oxidation lagoons) which is equivalent to
secondary treatment or will provide in the receiving
waters and watershed an adequate level of protection
to human health and the environment and contribute
to the attainment of water quality standards.’’.
(d) PUERTO RICO.—Section 301 (33 U.S.C. 1311) is
further amended by adding at the end the following:
‘‘(u) PUERTO RICO.—
‘‘(1) STUDY
BY
GOVERNMENT
OF
PUERTO
RICO.—Not later than 3 months after the date of the
enactment of this section, the Government of Puerto
Rico may, after consultation with the Administrator,
initiate a study of the marine environment of Anasco
Bay off the coast of the Mayaguez region of Puerto
Rico to determine the feasibility of constructing a
deepwater outfall for the publicly owned treatment
works located at Mayaguez, Puerto Rico. Such study
shall recommend one or more technically feasible loca-
tions for the deepwater outfall based on the effects of
such outfall on the marine environment.
‘‘(2) APPLICATION
FOR
MODIFICATION.—Not-
withstanding subsection (j)(1)(A), not later than 18
months after the date of the enactment of this section,
an application may be submitted for a modification
pursuant to subsection (h) of the requirements of sub-
section (b)(1)(B) of this section by the owner of the
publicly owned treatment works at Mayaguez, Puerto
Rico, for a deepwater outfall at a location rec-
ommended in the study conducted pursuant to para-
graph (1).
‘‘(3) INITIAL DETERMINATION.—On or before the
90th day after the date of submittal of an application
for modification under paragraph (2), the Adminis-
trator shall issue to the applicant a draft initial de-
termination regarding the modification of the existing
permit.
‘‘(4) FINAL DETERMINATION.—On or before the
270th day after the date of submittal of an applica-
tion for modification under paragraph (2), the Ad-
ministrator shall issue a final determination regard-
ing such modification.
‘‘(5) EFFECTIVENESS.—If a modification is
granted pursuant to an application submitted under
this subsection, such modification shall be effective
only if the new deepwater outfall is operational with-
in 5 years after the date of the enactment of this sub-
section. In all other aspects, such modification shall
be effective for the period applicable to all modifica-
tions granted under subsection (h).’’.
SEC. 310. TOXIC POLLUTANTS.
(a) TOXIC
EFFLUENT
LIMITATIONS
AND
STAND-
ARDS.—Section 307(a)(2) (33 U.S.C. 1317(a)(2)) is amend-
ed—
(1) by striking ‘‘(2) Each’’ and inserting the fol-
lowing:
‘‘(2) TOXIC EFFLUENT LIMITATIONS AND STAND-
ARDS.—
‘‘(A) IN GENERAL.—Each’’;
(2) by moving paragraph (2) 2 ems to the right;
(3) by indenting subparagraph (A), as so des-
ignated, and moving the remaining text of such sub-
paragraph 2 ems further to the right; and
(4) in subparagraph (A), as so designated, by
striking the third sentence; and
(5) by adding at the end the following:
‘‘(B) FACTORS.—The published effluent
standard (or prohibition) shall take into ac-
count—
‘‘(i) the pollutant’s persistence, tox-
icity, degradability, and bioaccumulation
potential;
‘‘(ii) the magnitude and risk of expo-
sure to the pollutant, including risks to af-
fected organisms and the importance of such
organisms;
‘‘(iii) the relative contribution of point
source discharges of the pollutant to the
overall risk from the pollutant;
‘‘(iv) the availability of, costs associ-
ated with, and risk posed by substitute
chemicals or processes or the availability of
treatment processes or control technology;
‘‘(v) the beneficial and adverse social
and economic effects of the effluent stand-
ard, including the impact on energy re-
sources;
‘‘(vi) the extent to which effective con-
trol is being or may be achieved in an expe-
ditious manner under other regulatory au-
thorities;
‘‘(vii) the impact on national security
interests; and
‘‘(viii) such other factors as the Ad-
ministrator considers appropriate.’’.
(b) BEACH WATER QUALITY MONITORING.—
(1) IN GENERAL.—Section 304 is further amend-
ed by adding at the end the following:
‘‘(o) BEACH WATER QUALITY MONITORING.—After
consultation with appropriate Federal, State, and local
agencies and after providing notice and opportunity for
public comment, the Administrator shall develop and issue,
not later than 18 months after the date of the enactment
of this Act, guidance that States may use in monitoring
water quality at beaches and issuing health advisories with
respect to beaches, including testing protocols, recommenda-
tions on frequency of testing and monitoring, recommenda-
tions on pollutants for which monitoring and testing should
be conducted, and recommendations on when health
advisories should be issued. Such guidance shall be based
on the best available scientific information and be sufficient
to protect public health and safety in the case of any reason-
ably expected exposure to pollutants as a result of swim-
ming or bathing.’’.
(2) 
REPORTS.—Section 
516(a) 
(33 
U.S.C.
1375(a)) is amended by striking ‘‘and (9)’’ and in-
serting ‘‘(9) the monitoring conducted by States on
the water quality of beaches and the issuance of health
advisories with respect to beaches, and (10)’’.
(c) FISH CONSUMPTION ADVISORIES.—Any fish con-
sumption advisories issued by the Administrator shall be
based upon the protocols, methodology, and findings of the
Food and Drug Administration.
SEC. 311. LOCAL PRETREATMENT AUTHORITY.
Section 307 (33 U.S.C. 1317) is amended by adding
at the end the following new subsection:
‘‘(f) LOCAL PRETREATMENT AUTHORITY.—
‘‘(1) DEMONSTRATION.—If, to carry out the pur-
poses identified in paragraph (2), a publicly owned
treatment works with an approved pretreatment pro-
gram demonstrates to the satisfaction of the Adminis-
trator, or a State with an approved program under
section 402, that—
‘‘(A) such publicly owned treatment works
is in compliance, and is likely to remain in com-
pliance, with its permit under section 402, in-
cluding applicable effluent limitations and nar-
rative standards;
‘‘(B) such publicly owned treatment works
is in compliance, and is likely to remain in com-
pliance, with applicable air emission limita-
tions;
‘‘(C) biosolids produced by such publicly
owned treatment works meet beneficial use re-
quirements under section 405; and
‘‘(D) such publicly owned treatment works
is likely to continue to meet all applicable State
requirements;
the approved pretreatment program shall be modified
to allow the publicly owned treatment works to apply
local limits in lieu of categorical pretreatment stand-
ards promulgated under this section.
‘‘(2) PURPOSES.—The publicly owned treatment
works may make the demonstration to the Adminis-
trator or the State, as the case may be, to apply local
limits in lieu of categorical pretreatment standards,
as the treatment works deems necessary, for the pur-
poses of—
‘‘(A) reducing the administrative burden as-
sociated with the designation of an ‘industrial
user’ as a ‘categorical industrial user’; or
‘‘(B) eliminating additional redundant or
unnecessary treatment by industrial users which
has little or no environmental benefit.
‘‘(3) LIMITATIONS.—
‘‘(A) SIGNIFICANT
NONCOMPLIANCE.—The
publicly owned treatment works may not apply
local limits in lieu of categorical pretreatment
standards to any industrial user which is in sig-
nificant noncompliance (as defined by the Ad-
ministrator) with its approved pretreatment pro-
gram.
‘‘(B) PROCEDURES.—A demonstration to
the Administrator or the State under paragraph
(1) must be made under the procedures for
pretreatment program modification provided
under this section and section 402.
‘‘(4) ANNUAL REVIEW.—
‘‘(A) DEMONSTRATION RELATING TO ABIL-
ITY TO MEET CRITERIA.—As part of the annual
pretreatment report of the publicly owned treat-
ment works to the Administrator or State, the
treatment works shall demonstrate that applica-
tion of local limits in lieu of categorical
pretreatment standards has not resulted in the
inability of the treatment works to meet the cri-
teria of paragraph (1).
‘‘(B) TERMINATION OF AUTHORITY.—If the
Administrator or State determines that applica-
tion of local limits in lieu of categorical
pretreatment standards has resulted in the in-
ability of the treatment works to meet the cri-
teria of paragraph (1), the authority of a pub-
licly owned treatment works under this section
shall be terminated and any affected industrial
user shall have a reasonable period of time to be
determined by the Administrator or State, but
not to exceed 2 years, to come into compliance
with any otherwise applicable requirements of
this Act.’’.
SEC. 312. COMPLIANCE WITH MANAGEMENT PRACTICES.
Section 307 (33 U.S.C. 1317) is amended by adding
at the end the following:
‘‘(g) COMPLIANCE WITH MANAGEMENT PRACTICES.—
‘‘(1) SPECIAL RULE.—The Administrator or a
State with a permit program approved under section
402 may allow any person that introduces silver into
a publicly owned treatment works to comply with a
code of management practices with respect to the in-
troduction of silver into the treatment works for a pe-
riod not to exceed 5 years beginning on the date of
the enactment of this subsection in lieu of complying
with any pretreatment requirement (including any
local limit) based on an effluent limitation for the
treatment works derived from a water quality stand-
ard for silver—
‘‘(A) if the treatment works has accepted the
code of management practices;
‘‘(B) if the code of management practices
meets the requirements of paragraph (2); and
‘‘(C) if the facility is—
‘‘(i) part of a class of facilities for
which the code of management practices has
been approved by the Administrator or the
State;
‘‘(ii) in compliance with a mass limi-
tation or concentration level for silver at-
tainable with the application of the best
available technology economically achievable
for such facilities, as established by the Ad-
ministrator after a review of the treatment
and management practices of such class of
facilities; and
‘‘(iii) implementing the code of man-
agement practices.
‘‘(2) CODE OF MANAGEMENT PRACTICES.—A code
of management practices meets the requirements of
this paragraph if the code of management practices—
‘‘(A) is developed and adopted by represent-
atives of industry and publicly owned treatment
works of major urban areas;
‘‘(B) is approved by the Administrator or
the State, as the case may be;
‘‘(C) reflects acceptable industry practices to
minimize the amount of silver introduced into
publicly owned treatment works or otherwise en-
tering the environment from the class of facilities
for which the code of management practices is
approved; and
‘‘(D) addresses, at a minimum—
‘‘(i) the use of the best available tech-
nology economically achievable, based on a
review of the current state of such tech-
nology for such class of facilities and of the
effluent guidelines for such facilities;
‘‘(ii) 
water 
conservation 
measures
available to reduce the total quantity of dis-
charge from such facilities to publicly
owned treatment works;
‘‘(iii) opportunities to recover silver
(and other pollutants) from the waste
stream prior to introduction into a publicly
owned treatment works; and
‘‘(iv) operating and maintenance prac-
tices to minimize the amount of silver intro-
duced into publicly owned treatment works
and to assure consistent performance of the
management practices and treatment tech-
nology specified under this paragraph.
‘‘(3) INTERIM EXTENSION FOR POTWS RECEIVING
SILVER.—In any case in which the Administrator or
a State with a permit program approved under sec-
tion 402 allows under paragraph (1) a person to com-
ply with a code of management practices for a period
of not to exceed 5 years in lieu of complying with a
pretreatment requirement (including a local limit) for
silver, the Administrator or State, as applicable, shall
modify the permit conditions and effluent limitations
for any affected publicly owned treatment works to
defer for such period compliance with any effluent
limitation derived from a water quality standard for
silver beyond that required by section 301(b)(2), not-
withstanding the provisions of section 303(d)(4) and
402(o), if the Administrator or the State, as applica-
ble, finds that—
‘‘(A) the quality of any affected waters and
the operation of the treatment works will be ade-
quately protected during such period by imple-
mentation of the code of management practices
and the use of best technology economically
achievable by persons introducing silver into the
treatment works;
‘‘(B) the introduction of pollutants into
such treatment works is in compliance with
paragraphs (1) and (2); and
‘‘(C) a program of enforcement by such
treatment works and the State ensures such com-
pliance.’’.
SEC. 313. FEDERAL ENFORCEMENT.
(a) ADJUSTMENT OF PENALTIES.—Section 309 (33
U.S.C. 1319) is amended by adding at the end the following:
‘‘(h) ADJUSTMENT OF MONETARY PENALTIES FOR IN-
FLATION.—
‘‘(1) IN GENERAL.—Not later than 4 years after
the date of the enactment of this subsection, and at
least once every 4 years thereafter, the Administrator
shall adjust each monetary penalty provided by this
section in accordance with paragraph (2) and publish
such adjustment in the Federal Register.
‘‘(2) METHOD.—An adjustment to be made pur-
suant to paragraph (1) shall be determined by in-
creasing or decreasing the maximum monetary pen-
alty or the range of maximum monetary penalties, as
appropriate, by multiplying the cost-of-living adjust-
ment and the amount of such penalty.
‘‘(3) COST-OF-LIVING ADJUSTMENT DEFINED.—
In this subsection, the term ‘cost-of-living’ adjustment
means the percentage (if any) for each monetary pen-
alty by which—
‘‘(A) the Consumer Price Index for the
month of June of the calendar year preceding the
adjustment; is greater or less than
‘‘(B) the Consumer Price Index for—
‘‘(i) with respect to the first adjustment
under this subsection, the month of June of
the calendar year preceding the date of the
enactment of this subsection; and
‘‘(ii) with respect to each subsequent
adjustment under this subsection, the month
of June of the calendar year in which the
amount of such monetary penalty was last
adjusted under this subsection.
‘‘(4) ROUNDING.—In making adjustments under
this subsection, the Administrator may round the dol-
lar amount of a penalty, as appropriate.
‘‘(5) APPLICABILITY.—Any increase or decrease
to a monetary penalty resulting from this subsection
shall apply only to violations which occur after the
date any such increase takes effect.’’.
(b) JOINING STATES AS PARTIES IN ACTIONS INVOLV-
ING MUNICIPALITIES.—Section 309(e) (33 U.S.C. 1319(e))
is amended by striking ‘‘shall be joined as a party. Such
State’’ and inserting ‘‘may be joined as a party. Any State
so joined as a party’’.
SEC. 314. RESPONSE PLANS FOR DISCHARGES OF OIL OR
HAZARDOUS SUBSTANCES.
(a) IN
GENERAL.—The requirements of section
311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) shall not apply with respect to—
(1) a municipal or industrial treatment works at
which no greater than a de minimis quantity of oil
or hazardous substances is stored; or
(2) a facility that stores process water mixed
with a de minimis quantity of oil.
(b) REGULATIONS.—The President shall issue regula-
tions clarifying the meaning of the term ‘‘de minimis quan-
tity of oil or hazardous substances’’ as used in this section.
SEC. 315. MARINE SANITATION DEVICES.
Section 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is
amended by adding at the end the following: ‘‘Not later than
2 years after the date of the enactment of this sentence, and
at least once every 5 years thereafter, the Administrator,
in consultation with the Secretary of the Department in
which the Coast Guard is operating and after providing
notice and opportunity for public comment, shall review
such standards and regulations to take into account im-
provements in technology relating to marine sanitation de-
vices and based on such review shall make such revisions
to such standards and regulations as may be necessary.’’.
SEC. 316. FEDERAL FACILITIES.
(a) APPLICATION OF CERTAIN PROVISIONS.—Section
313(a) (33 U.S.C. 1323(a)) is amended by striking all pre-
ceding subsection (b) and inserting the following:
‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
‘‘(a) APPLICABILITY
OF FEDERAL, STATE, INTER-
STATE, AND LOCAL LAWS.—
‘‘(1) IN GENERAL.—Each department, agency, or
instrumentality of the executive, legislative, and judi-
cial branches of the Federal Government—
‘‘(A) having jurisdiction over any property
or facility, or
‘‘(B) engaged in any activity resulting, or
which may result, in the discharge or runoff of
pollutants,
and each officer, agent, or employee thereof in the per-
formance of his official duties, shall be subject to, and
comply with, all Federal, State, interstate, and local
requirements, administrative authority, and process
and sanctions respecting the control and abatement of
water pollution in the same manner and to the same
extent as any nongovernmental entity, including the
payment of reasonable service charges.
‘‘(2) TYPES OF ACTIONS COVERED.—Paragraph
(1) shall apply—
‘‘(A) to any requirement whether sub-
stantive or procedural (including any record-
keeping or reporting requirement, any require-
ment respecting permits, and any other require-
ment),
‘‘(B) to the exercise of any Federal, State,
or local administrative authority, and
‘‘(C) to any process and sanction, whether
enforced in Federal, State, or local courts or in
any other manner.
‘‘(3) PENALTIES
AND
FINES.—The Federal,
State, interstate, and local substantive and procedural
requirements, administrative authority, and process
and sanctions referred to in paragraph (1) include all
administrative orders and all civil and administra-
tive penalties and fines, regardless of whether such
penalties or fines are punitive or coercive in nature
or are imposed for isolated, intermittent, or continu-
ing violations.
‘‘(4) SOVEREIGN IMMUNITY.—
‘‘(A) WAIVER.—The United States hereby
expressly waives any immunity otherwise appli-
cable to the United States with respect to any re-
quirement, administrative authority, and process
and sanctions referred to in paragraph (1) (in-
cluding any injunctive relief, any administrative
order, any civil or administrative penalty or
fine referred to in paragraph (3), or any reason-
able service charge).
‘‘(B) PROCESSING
FEES.—The reasonable
service charges referred to in this paragraph in-
clude fees or charges assessed in connection with
the processing and issuance of permits, renewal
of permits, amendments to permits, review of
plans, studies, and other documents, and inspec-
tion and monitoring of facilities, as well as any
other nondiscriminatory charges that are as-
sessed in connection with a Federal, State, inter-
state, or local water pollution regulatory pro-
gram.
‘‘(5) EXEMPTIONS.—
‘‘(A) GENERAL
AUTHORITY
OF
PRESI-
DENT.—The President may exempt any effluent
source of any department, agency, or instrumen-
tality in the executive branch from compliance
with any requirement to which paragraph (1)
applies if the President determines it to be in the
paramount interest of the United States to do so;
except that no exemption may be granted from
the requirements of section 306 or 307 of this
Act.
‘‘(B) LIMITATION.—No exemptions shall be
granted under subparagraph (A) due to lack of
appropriation unless the President shall have
specifically requested such appropriation as a
part of the budgetary process and the Congress
shall have failed to make available such requested
appropriation.
‘‘(C) TIME PERIOD.—Any exemption under
subparagraph (A) shall be for a period not in ex-
cess of 1 year, but additional exemptions may be
granted for periods of not to exceed 1 year upon
the President’s making a new determination.
‘‘(D) MILITARY PROPERTY.—In addition to
any exemption of a particular effluent source,
the President may, if the President determines it
to be in the paramount interest of the United
States to do so, issue regulations exempting from
compliance with the requirements of this section
any weaponry, equipment, aircraft, vessels, vehi-
cles, or other classes or categories of property,
and access to such property, which are owned or
operated by the Armed Forces of the United
States (including the Coast Guard) or by the Na-
tional Guard of any State and which are
uniquely military in nature. The President shall
reconsider the need for such regulations at 3-year
intervals.
‘‘(E) REPORTS.—The President shall report
each January to the Congress all exemptions
from the requirements of this section granted
during the preceding calendar year, together
with the President’s reason for granting such ex-
emption.
‘‘(6) VENUE.—Nothing in this section shall be
construed to prevent any department, agency, or in-
strumentality of the Federal Government, or any offi-
cer, agent, or employee thereof in the performance of
official duties, from removing to the appropriate Fed-
eral district court any proceeding to which the de-
partment, agency, or instrumentality or officer, agent,
or employee thereof is subject pursuant to this section,
and any such proceeding may be removed in accord-
ance with chapter 89 of title 28, United States Code.
‘‘(7) PERSONAL LIABILITY OF FEDERAL EMPLOY-
EES.—No agent, employee, or officer of the United
States shall be personally liable for any civil penalty
under any Federal, State, interstate, or local water
pollution law with respect to any act or omission
within the scope of the official duties of the agent, em-
ployee, or officer.
‘‘(8) CRIMINAL SANCTIONS.—An agent, employee,
or officer of the United States shall be subject to any
criminal sanction (including any fine or imprison-
ment) under any Federal or State water pollution
law, but no department, agency, or instrumentality of
the executive, legislative, or judicial branch of the
Federal Government shall be subject to any such sanc-
tion.’’.
(b) FUNDS COLLECTED BY A STATE.—Section 313 (33
U.S.C. 1323) is further amended by adding at the end the
following:
‘‘(c) LIMITATION ON STATE USE OF FUNDS.—Unless
a State law in effect on the date of the enactment of this
subsection or a State constitution requires the funds to be
used in a different manner, all funds collected by a State
from the Federal Government in penalties and fines im-
posed for the violation of a substantive or procedural re-
quirement referred to in subsection (a) shall be used by a
State only for projects designed to improve or protect the
environment or to defray the costs of environmental protec-
tion or enforcement.’’.
(c) ENFORCEMENT.—Section 313 is further amended
by adding at the end the following:
‘‘(d) FEDERAL FACILITY ENFORCEMENT.—
‘‘(1) ADMINISTRATIVE ENFORCEMENT BY EPA.—
The Administrator may commence an administrative
enforcement action against any department, agency,
or instrumentality of the executive, legislative, or ju-
dicial branch of the Federal Government pursuant to
the enforcement authorities contained in this Act.
‘‘(2) PROCEDURE.—The Administrator shall ini-
tiate an administrative enforcement action against a
department, agency, or instrumentality under this
subsection in the same manner and under the same
circumstances as an action would be initiated against
any other person under this Act. The amount of any
administrative penalty imposed under this subsection
shall be determined in accordance with section 309(d)
of this Act.
‘‘(3) VOLUNTARY SETTLEMENT.—Any voluntary
resolution or settlement of an action under this sub-
section shall be set forth in an administrative consent
order.
‘‘(4) CONFERRAL WITH EPA.—No administrative
order issued to a department, agency, or instrumen-
tality under this section shall become final until such
department, agency, or instrumentality has had the
opportunity to confer with the Administrator.’’.
(d) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Section 313 is further amended by adding at
the end the following:
‘‘(e) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Any violation with respect to which the Admin-
istrator has commenced and is diligently prosecuting an ac-
tion under this subsection, or for which the Administrator
has issued a final order and the violator has either paid
a penalty or fine assessed under this subsection or is subject
to an enforceable schedule of corrective actions, shall not
be the subject of an action under section 505 of this Act.
In any action under this subsection, any citizen may inter-
vene as a matter of right.’’.
(e) DEFINITION
OF PERSON.—Section 502(5) (33
U.S.C. 1362(5)) is amended by inserting before the period
at the end the following: ‘‘and includes any department,
agency, or instrumentality of the United States’’.
(f) DEFINITION OF RADIOACTIVE MATERIALS.—Sec-
tion 502 (33 U.S.C. 1362) is amended by adding at the
end the following:
‘‘(24) The term ‘radioactive materials’ includes source
materials, special nuclear materials, and byproduct mate-
rials (as such terms are defined under the Atomic Energy
Act of 1954) which are used, produced, or managed at fa-
cilities not licensed by the Nuclear Regulatory Commission;
except that such term does not include any material which
is discharged from a vessel covered by Executive Order
12344 (42 U.S.C. 7158 note; relating to the Naval Nuclear
Propulsion Program).’’.
(g) CONFORMING AMENDMENTS.—Section 313(b) (33
U.S.C. 1323(b)) is amended—
(1) by striking ‘‘(b)(1)’’ and inserting the follow-
ing:
‘‘(b) WASTEWATER FACILITIES.—
‘‘(1) COOPERATION FOR USE OF WASTEWATER
CONTROL SYSTEMS.—’’;
(2) in paragraph (2) by inserting ‘‘LIMITATION
ON CONSTRUCTION.—’’ before ‘‘Construction’’; and
(3) by moving paragraphs (1) and (2) 2 ems to
the right.
(h) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act and shall only apply to violations occurring after such
date of enactment.
SEC. 317. CLEAN LAKES.
(a) PRIORITY LAKES.—Section 314(d)(2) (33 U.S.C.
1324(d)(2)) is amended by inserting ‘‘Paris Twin Lakes,
Illinois; Otsego Lake, New York; Raystown Lake, Penn-
sylvania;’’ after ‘‘Minnesota;’’.
120
the State may address one or more watersheds,
or pollutants, concurrently or sequentially. The
scope of the State program may expand over
time with respect to the watersheds, pollutants,
and factors to be addressed under the program.
In developing the State program, the State shall
take into account all regional and local govern-
ment watershed management programs that are
consistent with the proposed State program and
shall consult with the regional and local govern-
ments that developed such programs. The State
shall consider recommendations from units of
general purpose government, special purpose dis-
tricts, local water suppliers, and appropriate
water management agencies in the development
and scope of the program.
‘‘(D) Provisions for carrying out an analy-
sis, consistent with the established scope of the
program, of the problems within each watershed
covered under the program.
‘‘(E) An identification of watershed man-
agement units for which management plans will
be developed, taking into consideration those wa-
ters where water quality is threatened or im-
paired or otherwise in need of special protection.