ministrator determines, after notice and an op-
portunity for public comment, that some other 
technical standard is more appropriate to meas-
ure the erosivity value of residential construc-
tion sites and adopts, by regulation, such stand-
ard for purposes of this paragraph.’’. 
SEC. 4. FEDERAL ENFORCEMENT. 
Section 402(p) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(p)) is amended by adding at the 
end the following: 
‘‘(7) FEDERAL ENFORCEMENT OF STATE PER-
MITS
AUTHORIZING
STORMWATER
DISCHARGES 
FROM RESIDENTIAL CONSTRUCTION ACTIVITY.— 
‘‘(A) IN GENERAL.—Notwithstanding sub-
section (i), the Administrator shall not exercise 
authority under section 309 with respect to a 
permit, issued by a State under a program ap-
proved under subsection (b) and authorizing a 
stormwater discharge from a site at which a 
residential construction activity is being or will 
be carried out, unless one of the following con-
ditions applies: 
‘‘(i) The Administrator determines 
that such a discharge has flowed or will 
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flow across a State line or onto a Federal 
facility or Indian tribal lands. 
‘‘(ii) Such permit was issued under a 
State program that the Administrator has 
suspended or withdrawn under subsection 
(c). 
‘‘(iii) After taking into consideration 
all of the terms, conditions, and require-
ments of such permit, the Administrator 
determines that— 
‘‘(I) a stormwater discharge from 
such site results in imminent and sub-
stantial endangerment to public health 
or welfare or the environment; and 
‘‘(II) additional actions are likely 
to be necessary to remove such 
endangerment. 
‘‘(B) LIMITATION
ON
TRANSFERS
TO 
STATES.—If the Administrator receives or is 
awarded a fine or penalty for violation of a per-
mit issued under this section by a State for a 
site on which a residential construction activity 
is being or will be carried out through an action 
brought under section 309 based on any of the 
conditions set forth in clauses (i), (ii), and (iii) 
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of subparagraph (A), the Administrator may 
not transfer, disburse, allocate, or otherwise pay 
all or any part of such fine or penalty to the 
State that issued the permit.’’. 
SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT 
RESIDENTIAL CONSTRUCTION SITES. 
Section 402(p) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(p)) is further amended by add-
ing at the end the following: 
‘‘(8) NOTIFICATION OF PERMIT REQUIREMENTS 
FOR STORMWATER DISCHARGES FROM RESIDENTIAL 
CONSTRUCTION SITES.— 
‘‘(A) STORMWATER INFORMATIONAL PAM-
PHLET
PROGRAM.—Not later than 180 days 
after the date of enactment of this paragraph, 
the Administrator shall establish, by regulation, 
a program that will provide for development, 
and distribution to operators of residential con-
struction sites, of an informational pamphlet. 
‘‘(B) PAMPHLET
CONTENTS.—Under the 
program, operators of residential construction 
sites shall receive an informational pamphlet ex-
plaining, at a minimum, permitting require-
ments under this section for stormwater dis-
charges from a site at which a residential con-
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struction activity is being or will be carried out 
(including the permitting requirements of sub-
sections (a) and (b) and this subsection and any 
applicable regulations issued to carry out this 
section) and fines and penalties that may arise 
from violations of such requirements. The pam-
phlet shall also include contact information for 
appropriate permitting authorities. 
‘‘(C) DEADLINE FOR PAMPHLET DEVELOP-
MENT.—Under the program— 
‘‘(i) the pamphlet or pamphlets shall 
be developed for distribution not later than 
180 days after the date of the issuance of 
the regulation establishing the program; 
‘‘(ii) operators of residential construc-
tion sites shall be informed of the avail-
ability of the pamphlets; and 
‘‘(iii) a pamphlet shall be given to an 
operator of a residential construction site 
at the earliest appropriate point in the 
process under which the operator is seek-
ing approval from a local government to 
carry out the residential construction activ-
ity. 
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‘‘(D) CONSULTATION.—The Administrator 
shall consult with State and interstate water 
pollution control administrators and other af-
fected interests in establishing the program.’’. 
SEC. 6. GENERAL PERMITS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is further amended by adding at 
the end the following: 
‘‘(r) GENERAL PERMITS ON A STATE, REGIONAL, OR 
NATIONWIDE BASIS.— 
‘‘(1) IN GENERAL.—In carrying out responsibil-
ities and functions of the Administrator or a State 
under a program approved under subsection (b) re-
lating to the discharge of pollutants under this sec-
tion, the Administrator or the State may issue a 
general permit on a State, regional, or nationwide 
basis to cover any category of discharges, sludge use, 
disposal practices, or facilities. 
‘‘(2) GENERAL PERMIT TERM.—No general per-
mit issued under this section shall be for a period 
of more than 5 years after the date of its issuance. 
‘‘(3) NOTICE.—Before issuing a general permit 
under this section, the Administrator or State shall 
provide to the public notice and opportunity to com-
ment on such permit for a period of 45 days. 
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