154
uses of receiving waters taking into consideration
specific watershed conditions as expeditiously as
possible but not later than 15 years after ap-
proval of a State stormwater management pro-
gram under this section;
the Administrator shall within 6 months of the re-
ceipt of the proposed program notify the State of any
revisions or modifications necessary to obtain ap-
proval. The State shall have an additional 6 months
to submit its revised management program, and the
Administrator shall approve or disapprove such re-
vised program within 3 months of receipt.
‘‘(3) FAILURE OF STATE TO SUBMIT REPORT.—
If a Governor of a State does not submit a report or
revised report required by subsection (b) within the
period specified by subsection (e)(2), the Adminis-
trator shall, within 18 months after the date on which
such report is required to be submitted under sub-
section (b), prepare a report for such State which
makes the identifications required by paragraphs
(1)(A) and (1)(B) of subsection (b). Upon completion
of the requirement of the preceding sentence and after
notice and opportunity for a comment, the Adminis-
trator shall report to Congress of the actions of the
Administrator under this section.
155
‘‘(4) FAILURE OF STATE TO SUBMIT MANAGE-
MENT PROGRAM.—
‘‘(A) PROGRAM MANAGEMENT BY ADMINIS-
TRATOR.—Subject to paragraph (5), if a State
fails to submit a management program or re-
vised management program under subsection (c)
or the Administrator does not approve such
management program, the Administrator shall
prepare and implement a management program
for controlling pollution added from stormwater
discharges to the navigable waters within the
State and improving the quality of such waters
in accordance with subsection (c).
‘‘(B) NOTICE AND HEARING.—If the Admin-
istrator intends to disapprove a program submit-
ted by a State the Administrator shall first no-
tify the Governor of the State, in writing, of the
modifications necessary to meet the requirements
of this section. The Administrator shall provide
adequate public notice and an opportunity for a
public hearing for all interested parties.
‘‘(C) STATE REVISION OF ITS PROGRAM.—
If, after taking into account the level of funding
actually provided as compared with the level au-
thorized, the Administrator determines that a
156
State has failed to demonstrate reasonable fur-
ther progress toward the attainment of water
quality standards as required, the State shall re-
vise its program within 12 months of that deter-
mination in a manner sufficient to achieve at-
tainment of applicable water quality standards
by the deadline established by this section. If a
State fails to make such a program revision or
the Administrator does not approve such a revi-
sion, the Administrator shall prepare and imple-
ment a stormwater management program for the
State.
‘‘(5) LOCAL MANAGEMENT PROGRAMS; TECH-
NICAL ASSISTANCE.—If a State fails to submit a
management program under subsection (c) or the Ad-
ministrator does not approve such a management
program, a local public agency or organization which
has expertise in, and authority to, control water pol-
lution resulting from nonpoint sources in any area of
such State which the Administrator determines is of
sufficient geographic size may, with approval of such
State, request the Administrator to provide, and the
Administrator shall provide, technical assistance to
such agency or organization in developing for such
area a management program which is described in
157
subsection (c) and can be approved pursuant to this
subsection. After development of such management
program, such agency or organization shall submit
such management program to the Administrator for
approval.
‘‘(g) INTERSTATE MANAGEMENT CONFERENCE.—
‘‘(1) CONVENING OF CONFERENCE; NOTIFICATION;
PURPOSE.—
‘‘(A) CONVENING OF CONFERENCE.—If any
portion of the navigable waters in any State
which is implementing a management program
approved under this section is not meeting ap-
plicable water quality standards or the goals and
requirements of this Act as a result, in whole or
in part, of pollution from stormwater in another
State, such State may petition the Administrator
to convene, and the Administrator shall convene,
a management conference of all States which
contribute significant pollution resulting from
stormwater to such portion.
‘‘(B) NOTIFICATION.—If, on the basis of in-
formation available, the Administrator deter-
mines that a State is not meeting applicable
water quality standards or the goals and re-
quirements of this Act as a result, in whole or
158
in part, of significant pollution from stormwater
in another State, the Administrator shall notify
such States.
‘‘(C) TIME LIMIT.—The Administrator may
convene a management conference under this
paragraph not later than 180 days after giving
such notification under subparagraph (B),
whether or not the State which is not meeting
such standards requests such conference.
‘‘(D) PURPOSE.—The purpose of the con-
ference shall be to develop an agreement among
the States to reduce the level of pollution result-
ing from stormwater in the portion of the navi-
gable waters and to improve the water quality of
such portion.
‘‘(E) PROTECTION
OF
WATER
RIGHTS.—
Nothing in the agreement shall supersede or ab-
rogate rights to quantities of water which have
been established by interstate water compacts,
Supreme Court decrees, or State water laws.
‘‘(F) LIMITATIONS.—This subsection shall
not apply to any pollution which is subject to
the Colorado River Basin Salinity Control Act.
The requirement that the Administrator convene
159
a management conference shall not be subject to
the provisions of section 505 of this Act.
‘‘(2) STATE
MANAGEMENT
PROGRAM
REQUIRE-
MENT.—To the extent that the States reach agreement
through such conference, the management programs of
the States which are parties to such agreements and
which contribute significant pollution to the navigable
waters or portions thereof not meeting applicable
water quality standards or goals and requirements of
this Act will be revised to reflect such agreement. Such
management programs shall be consistent with Fed-
eral and State law.
‘‘(h) GRANTS FOR STORMWATER RESEARCH.—
‘‘(1) IN GENERAL.—To determine the most cost-
effective and technologically feasible means of improv-
ing the quality of the navigable waters and to develop
the criteria required pursuant to subsection (i) of this
Act, the Administrator shall establish an initiative
through which the Administrator shall fund State and
local demonstration programs and research to—
‘‘(A) identify adverse impacts of stormwater
discharges on receiving waters;
‘‘(B) identify the pollutants in stormwater
which cause impact; and
160
‘‘(C) test innovative approaches to address
the impacts of source controls and model man-
agement practices and measures for runoff from
municipal storm sewers.
Persons conducting demonstration programs and re-
search funded under this subsection shall also take
into 
account 
the 
physical 
nature 
of 
episodic
stormwater 
flows, 
the 
varying 
pollutants 
in
stormwater, the actual risk the flows pose to the des-
ignated beneficial uses, and the ability of natural
ecosystems to accept temporary stormwater events.
‘‘(2) AWARD
OF
FUNDS.—The Administrator
shall award the demonstration and research program
funds taking into account regional and population
variations.
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $20,000,000 per fiscal year for fiscal
years 1996 through 2000. Such sums shall remain
available until expended.
‘‘(4) INADEQUATE
FUNDING.—For each fiscal
year beginning after the date of the enactment of this
subsection for which the total amounts appropriated
to carry out this subsection are less than the total
amounts authorized to be appropriated pursuant to
161
this subsection, any deadlines established under sub-
section (c)(2)(L) for compliance with water quality
standards shall be postponed by 1 year.
‘‘(i) DEVELOPMENT OF STORMWATER CRITERIA.—
‘‘(1) IN GENERAL.—To reflect the episodic char-
acter of stormwater which results in significant
variances in the volume, hydraulics, hydrology, and
pollutant load associated with stormwater discharges,
the Administrator shall establish, as an element of the
water quality standards established for the designated
uses of the navigable waters, stormwater criteria
which protect the navigable waters from impairment
of the designated beneficial uses caused by stormwater
discharges. The criteria shall be technologically and
financially feasible and may include performance
standards, guidelines, guidance, and model manage-
ment practices and measures and treatment require-
ments, as appropriate, and as identified in subsection
(h)(1).
‘‘(2) INFORMATION TO BE USED IN DEVELOP-
MENT.—The stormwater discharge criteria to be estab-
lished under this subsection—
‘‘(A) shall be developed from—
162
‘‘(i) the findings and conclusions of the
demonstration programs and research con-
ducted under subsection (h);
‘‘(ii) the findings and conclusions of
the research and monitoring activities of
stormwater dischargers performed in com-
pliance with permit requirements of this
Act; and
‘‘(iii) other relevant information, in-
cluding information submitted to the Ad-
ministrator under the industrial group per-
mit application process in effect under sec-
tion 402 of this Act on the day before the
date of the enactment of this section;
‘‘(B) shall be developed in consultation with
persons with expertise in the management of
stormwater (including officials of State and local
government, 
industrial 
and 
commercial
stormwater dischargers, and public interest
groups); and
‘‘(C) shall be established as an element of
the water quality standards that are developed
and implemented under this Act by not later
than December 31, 2008.
163
‘‘(j) COLLECTION
OF INFORMATION.—The Adminis-
trator shall collect and make available, through publications
and other appropriate means, information pertaining to
model management practices and measures and implemen-
tation methods, including, but not limited to—
‘‘(1) information concerning the costs and rel-
ative efficiencies of model management practices and
measures for reducing pollution from stormwater dis-
charges; and
‘‘(2) available data concerning the relationship
between water quality and implementation of various
management practices to control pollution from
stormwater discharges.
‘‘(k) REPORTS OF ADMINISTRATOR.—
‘‘(1) BIENNIAL REPORTS.—Not later than Janu-
ary 1, 1996, and biennially thereafter, the Adminis-
trator shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representa-
tives and the Committee on Environment and Public
Works of the Senate, a report for the preceding fiscal
year on the activities and programs implemented
under this section and the progress made in reducing
pollution in the navigable waters resulting from
stormwater discharges and improving the quality of
such waters.
164
‘‘(2) CONTENTS.—Each report submitted under
paragraph (1), at a minimum shall—
‘‘(A) describe the management programs
being implemented by the States by types of af-
fected 
navigable 
waters, 
categories 
and
subcategories of stormwater discharges, and types
of measures being implemented;
‘‘(B) describe the experiences of the States
in adhering to schedules and implementing the
measures under subsection (c);
‘‘(C) describe the amount and purpose of
grants awarded pursuant to subsection (h);
‘‘(D) identify, to the extent that information
is available, the progress made in reducing pol-
lutant loads and improving water quality in the
navigable waters;
‘‘(E) indicate what further actions need to
be taken to attain and maintain in those navi-
gable waters (i) applicable water quality stand-
ards, and (ii) the goals and requirements of this
Act;
‘‘(F) include recommendations of the Ad-
ministrator concerning future programs (includ-
ing enforcement programs) for controlling pollu-
tion from stormwater; and
165
‘‘(G) identify the activities and programs of
departments, agencies, and instrumentalities of
the United States that are inconsistent with the
stormwater management programs implemented
by the States under this section and rec-
ommended modifications so that such activities
and programs are consistent with and assist the
States in implementation of such management
programs.
‘‘(l) GUIDANCE ON MODEL STORMWATER MANAGE-
MENT PRACTICES AND MEASURES.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with appropriate Federal, State, and local
departments and agencies, and after providing notice
and opportunity for public comment, shall publish
guidance to identify model management practices and
measures which may be undertaken, at the discretion
of the State or appropriate entity, under a manage-
ment program established pursuant to this section. In
preparing such guidance, the Administrator shall con-
sider integration of a stormwater management pro-
gram of a State with, and the relationship of such
program to, the nonpoint source management pro-
gram of the State under section 319.
166
‘‘(2) PUBLICATION.—The Administrator shall
publish proposed guidance under this subsection not
later than 6 months after the date of the enactment
of this subsection and shall publish final guidance
under this subsection not later than 18 months after
such date of enactment. The Administrator shall peri-
odically review and revise the final guidance upon
adequate notice and opportunity for public comment
at least once every 3 years after its publication.
‘‘(3) MODEL
MANAGEMENT
PRACTICES
AND
MEASURES DEFINED.—For the purposes of this sub-
section, the term ‘‘model management practices and
measures’’ means economically achievable measures
for the control of pollutants from stormwater dis-
charges which reflect the most cost-effective degree of
pollutant reduction achievable through the applica-
tion of the best available practices, technologies, proc-
esses, siting criteria, operating methods, or other al-
ternatives.
‘‘(m) ENFORCEMENT WITH RESPECT TO STORMWATER
DISCHARGERS
VIOLATING
STATE
MANAGEMENT
PRO-
GRAMS.—Stormwater dischargers that do not comply with
State management program requirements under subsection
(c) are subject to applicable enforcement actions under sec-
tions 309 and 505 of this Act.
167
‘‘(n) ENTRY AND INSPECTION.—In order to carry out
the objectives of this section, an authorized representative
of a State, upon presentation of his or her credentials, shall
have a right of entry to, upon, or through any property
at which a stormwater discharge or records required to be
maintained under the State stormwater management pro-
gram are located.
‘‘(o) LIMITATION ON DISCHARGES REGULATED UNDER
WATERSHED MANAGEMENT PROGRAM.—Stormwater dis-
charges regulated under section 321 in a manner consistent
with this section shall not be subject to this section.
‘‘(p) MINERAL EXPLORATION AND MINING SITES.—
‘‘(1) EXPLORATION SITES.—For purposes of sub-
section (c)(2)(F), stormwater discharges from con-
struction activities shall include stormwater dis-
charges from mineral exploration activities; except
that, for exploration at abandoned mined lands, the
stormwater program under subsection (c)(2)(F) shall
be limited to the control of pollutants added to
stormwater by contact with areas disturbed by the ex-
ploration activity.
‘‘(2) MINING SITES.—Stormwater discharges at
ore mining and dressing sites shall be subject to this
section. If any such discharge is commingled with
mine drainage or process wastewater from mining op-
168
erations, such discharge shall be treated as a dis-
charge from a point source for purposes of this Act.
‘‘(3) ABANDONED
MINED
LANDS.—Stormwater
discharges from abandoned mined lands shall be sub-
ject to section 319; except that if the State, after no-
tice and an opportunity for comment, finds that regu-
lation of such stormwater discharges under this sec-
tion is necessary to make reasonable further progress
toward achieving water quality standards by the date
referred to in subsection (c)(2)(B), such discharges
shall be subject to this section.
‘‘(4) SURFACE MINING CONTROL AND RECLAMA-
TION
ACT
SITES.—Notwithstanding paragraph (3),
stormwater discharges from abandoned mined lands
site which are subject to the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1201–1328)
shall be subject to section 319.
‘‘(5) DEFINITIONS.—For purposes of this sub-
section, the following definitions apply:
‘‘(A) ABANDONED MINED LANDS.—The term
‘abandoned mined lands’ means lands which
were used for mineral activities and abandoned
or left in an inadequate reclamation status and
for which there is no continuing reclamation re-
sponsibility under State or Federal laws.
169
‘‘(B) PROCESS WASTE WATER.—The term
‘process waste water’ means any water other
than stormwater which comes into contact with
any raw material, intermediate product, finished
product, byproduct, or waste product as part of
any mineral beneficiation processes employed at
the site.
‘‘(C) MINE
DRAINAGE.—The term ‘mine
drainage’ means any water drained, pumped, or
siphoned from underground mine workings or
mine pits, but such term shall not include
stormwater runoff from tailings dams, dikes,
overburden, waste rock piles, haul roads, access
roads, and ancillary facility areas.’’.
(b) REPEAL OF LIMITATION ON PERMIT REQUIRE-
MENT.—Section 402(l) (33 U.S.C. 1342(l)) is repealed.
(c) 
REPEAL
OF
MUNICIPAL
AND
INDUSTRIAL
STORMWATER DISCHARGES PROGRAM.—Section 402(p) (33
U.S.C. 1342(p)) is repealed.
(d) DEFINITIONS.—Section 502 (33 U.S.C. 1362) is
amended—
(1) by adding at the end of paragraph (14) the
following: ‘‘The term does not include a stormwater
discharge.’’; and
(2) by adding at the end the following:
170
‘‘(25) The term ‘stormwater’ means runoff from rain,
snow melt, or any other precipitation-generated surface
runoff.
‘‘(26) The term ‘stormwater discharge’ means a dis-
charge from any conveyance which is used for the collecting
and conveying of stormwater to navigable waters and which
is associated with a municipal storm sewer system or in-
dustrial, commercial, oil, gas, or mining activities or con-
struction activities.’’.
SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
Title III (33 U.S.C. 1311–1330) is further amended
by adding at the end the following:
‘‘SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIRE-
MENTS.
‘‘(a) GENERAL RULE.—The Administrator or the Sec-
retary of the Army (hereinafter in this section referred to
as the ‘Secretary’), as appropriate, shall develop and pub-
lish a risk assessment before issuing—
‘‘(1) any standard, effluent limitation, water
quality criterion, water quality based requirement, or
other regulatory requirement under this Act (other
than a permit or a purely procedural requirement);
or
171
‘‘(2) any guidance under this Act which, if is-
sued as a regulatory requirement, would result in an
annual increase in cost of $25,000,000 or more.
‘‘(b) CONTENTS OF RISK ASSESSMENTS.—A risk as-
sessment developed under subsection (a), at a minimum,
shall—
‘‘(1) identify and use all relevant and readily ob-
tainable data and information of sufficient quality,
including data and information submitted to the
Agency in a timely fashion;
‘‘(2) identify and discuss significant assump-
tions, inferences, or models used in the risk assess-
ment;
‘‘(3) measure the sensitivity of the results to the
significant assumptions, inferences, or models that the
risk assessment relies upon;
‘‘(4) with respect to significant assumptions, in-
ferences, or models that the results are sensitive to,
identify and discuss—
‘‘(A) credible alternatives and the basis for
the rejection of such alternatives;
‘‘(B) the scientific or policy basis for the se-
lection of such assumptions, inferences, or mod-
els; and
190
is not within the economic capability of the
owner or operator; and
‘‘(ii) if the owner or operator dem-
onstrates to the satisfaction of the Adminis-
trator or the State reasonable further
progress towards compliance with a long-
term control plan under the control policy
referred to in paragraph (1).
‘‘(C) LIMITATIONS ON EXTENSIONS.—
‘‘(i) EXTENSION NOT APPROPRIATE.—
Notwithstanding subparagraph (B), the Ad-
ministrator or the State need not grant an
extension of the compliance deadline speci-
fied in subparagraph (A) if the Adminis-
trator or the State determines that such an
extension is not appropriate.
‘‘(ii) NEW YORK-NEW JERSEY.—Prior
to granting an extension under subpara-
graph (B) with respect to a combined sewer
overflow discharge originating in the State
of New York or New Jersey and affecting
the other of such States, the Administrator
or the State from which the discharge origi-
nates, as the case may be, shall provide
written notice of the proposed extension to