ronmental review process under clause 
(i)(I). 
‘‘(B) FAILURE
TO
ACT.—If the Secretary 
fails to act by the deadline specified in clause (i) 
or (ii) of subparagraph (A)— 
‘‘(i) the application, and the permit re-
quested in the application, shall be consid-
ered to be approved; 
‘‘(ii) the Secretary shall issue a permit 
to the applicant; and 
‘‘(iii) the permit shall not be subject to 
judicial review.’’. 
(b) STATE PERMITTING PROGRAMS.—Section 404(c) of 
the Federal Water Pollution Control Act (33 U.S.C. 
1344(c)) is amended— 
(1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; and 
(2) by adding at the end the following: 
‘‘(2) Paragraph (1) shall not apply to any permit if 
the State in which the discharge originates or will originate 
does not concur with the Administrator’s determination 
that the discharge will result in an unacceptable adverse 
effect as described in paragraph (1).’’. 
(c) STATE PROGRAMS.—The first sentence of section 
404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
by striking ‘‘for the discharge’’ and inserting ‘‘for some or 
all of the discharges’’. 
(d) DEADLINE FOR AGENCY COMMENTS.—Section 404 
of such Act (33 U.S.C. 1344) is amended— 
(1) in subsection (m) by striking ‘‘ninetieth day’’ 
and inserting ‘‘30th day (or the 60th day if addi-
tional time is requested)’’; and 
(2) in subsection (q)— 
(A) 
by 
striking 
‘‘(q)’’ 
and 
inserting 
‘‘(q)(1)’’; and 
(B) by adding at the end the following: 
‘‘(2) The Administrator and the head of a department 
or agency referred to in paragraph (1) shall each submit 
any comments with respect to an application for a permit 
under subsection (a) or (e) not later than the 30th day (or 
the 60th day if additional time is requested) after the date 
of receipt of an application for a permit under that sub-
section.’’. 
SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY ON EM-
PLOYMENT AND ECONOMIC ACTIVITY. 
(a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY-
MENT AND ECONOMIC ACTIVITY.— 
(1) ANALYSIS.—Before taking a covered action, 
the 
Administrator 
shall 
analyze 
the 
impact, 
disaggregated by State, of the covered action on em-
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
ployment levels and economic activity, including esti-
mated job losses and decreased economic activity. 
(2) ECONOMIC MODELS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall utilize the 
best available economic models. 
(B) ANNUAL GAO REPORT.—Not later than 
December 31 of each year, the Comptroller Gen-
eral of the United States shall submit to Con-
gress a report on the economic models used by 
the Administrator to carry out this subsection. 
(3) AVAILABILITY
OF
INFORMATION.—With re-
spect to any covered action, the Administrator shall— 
(A) post the analysis under paragraph (1) 
as a link on the main page of the public Internet 
Web site of the Environmental Protection Agen-
cy; and 
(B) request that the Governor of any State 
experiencing more than a de minimis negative 
impact post such analysis in the Capitol of such 
State. 
(b) PUBLIC HEARINGS.— 
(1) IN
GENERAL.—If the Administrator con-
cludes under subsection (a)(1) that a covered action 
will have more than a de minimis negative impact on 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
employment levels or economic activity in a State, the 
Administrator shall hold a public hearing in the 
State at least 30 days prior to the effective date of the 
covered action. 
(2) TIME, LOCATION, AND SELECTION.—A public 
hearing required under paragraph (1) shall be held at 
a convenient time and location for impacted resi-
dents. In selecting a location for such a public hear-
ing, the Administrator shall give priority to locations 
in the State that will experience the greatest number 
of job losses. 
(c) NOTIFICATION.—If the Administrator concludes 
under subsection (a)(1) that a covered action will have more 
than a de minimis negative impact on employment levels 
or economic activity in a State, the Administrator shall 
give notice of such impact to the State’s congressional dele-
gation, Governor, and legislature at least 45 days before the 
effective date of the covered action. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED ACTION.—The term ‘‘covered ac-
tion’’ means any of the following actions taken by the 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
Administrator under the Federal Water Pollution 
Control Act (33 U.S.C. 1201 et seq.): 
(A) Issuing a regulation, policy statement, 
guidance, response to a petition, or other require-
ment. 
(B) Implementing a new or substantially 
altered program. 
(3) MORE THAN A DE MINIMIS NEGATIVE IM-
PACT.—The term ‘‘more than a de minimis negative 
impact’’ means either of the following: 
(A) With respect to employment levels, a 
loss of more than 100 jobs. Any offsetting job 
gains that result from the hypothetical creation 
of new jobs through new technologies or govern-
ment employment may not be used in the job loss 
calculation. 
(B) With respect to economic activity, a de-
crease in economic activity of more than 
$1,000,000 over any calendar year. Any offset-
ting economic activity that results from the hy-
pothetical creation of new economic activity 
through new technologies or government employ-
ment may not be used in the economic activity 
calculation. 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 5. LIMITATIONS ON AUTHORITY TO MODIFY STATE 
WATER QUALITY STANDARDS. 
(a) STATE WATER QUALITY STANDARDS.—Section 
303(c)(4) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(4)) is amended— 
(1) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; 
(2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 
(3) by striking ‘‘The Administrator shall pro-
mulgate’’ and inserting the following: 
‘‘(B) The Administrator shall promulgate’’; and 
(4) by adding at the end the following: 
‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad-
ministrator may not promulgate a revised or new standard 
for a pollutant in any case in which the State has submitted 
to the Administrator and the Administrator has approved 
a water quality standard for that pollutant, unless the State 
concurs with the Administrator’s determination that the re-
vised or new standard is necessary to meet the requirements 
of this Act.’’. 
(b) FEDERAL
LICENSES
AND
PERMITS.—Section 
401(a) of such Act (33 U.S.C. 1341(a)) is amended by add-
ing at the end the following: 
‘‘(7) With respect to any discharge, if a State or inter-
state agency having jurisdiction over the navigable waters 
at the point where the discharge originates or will originate 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
determines under paragraph (1) that the discharge will 
comply with the applicable provisions of sections 301, 302, 
303, 306, and 307, the Administrator may not take any 
action to supersede the determination.’’. 
SEC. 6. STATE AUTHORITY TO IDENTIFY WATERS WITHIN 
ITS BOUNDARIES. 
Section 303 of the Federal Water Pollution Control Act 
(33 U.S.C. 1313) is amended by striking subsection (d)(2) 
and inserting the following: 
‘‘(2)(A) Each State shall submit to the Administrator 
from time to time, with the first such submission not later 
than 180 days after the date of publication of the first iden-
tification of pollutants under section 304(a)(2)(D), the 
waters identified and the loads established under para-
graphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. 
The Administrator shall approve the State identification 
and load or announce his disagreement with the State iden-
tification and load not later than 30 days after the date 
of submission, and if— 
‘‘(i) the Administrator approves the identifica-
tion and load submitted by the State in accordance 
with this subsection, such State shall incorporate 
them into its current plan under subsection (e); and 
‘‘(ii) the Administrator announces his disagree-
ment with the identification and load submitted by 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
the State in accordance with this subsection, the Ad-
ministrator shall submit, not later than 30 days after 
the date on which such announcement is made, to the 
State his written recommendation of those additional 
waters that he identifies and such loads for such 
waters as he believes are necessary to implement the 
water quality standards applicable to such waters. 
‘‘(B) Upon receipt of the Administrator’s recommenda-
tion the State shall within 30 days either— 
‘‘(i) disregard the Administrator’s recommenda-
tion in full and incorporate its own identification 
and load into its current plan under subsection (e); 
‘‘(ii) accept the Administrator’s recommendation 
in full and incorporate its identification and load as 
amended by the Administrator’s recommendation into 
its current plan under subsection (e); or 
‘‘(iii) accept the Administrator’s recommenda-
tion in part, identifying certain additional waters 
and certain additional loads proposed by the Admin-
istrator to be added to such State’s identification and 
load and incorporate such State’s identification and 
load as amended into its current plan under sub-
section (e). 
‘‘(C)(i) If the Administrator fails to either approve the 
State identification and load or announce his disagreement 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
with the State identification and load within the time spec-
ified in this subsection, then such State’s identification and 
load is deemed approved and such State shall incorporate 
the identification and load that it submitted into its current 
plan under subsection (e). 
‘‘(ii) If the Administrator announces his disagreement 
with the State identification and load but fails to submit 
his written recommendation to the State within 30 days 
as required by subparagraph (A)(ii) then such State’s iden-
tification and load is deemed approved and such State shall 
incorporate the identification and load that it submitted 
into its current plan under subsection (e). 
‘‘(D) This paragraph shall apply to any decision made 
by the Administrator under this subsection issued on or 
after March 1, 2013.’’. 
SEC. 7. DEFINITION OF FILL MATERIAL. 
Section 502 of the Federal Water Pollution Control Act 
(33 U.S.C. 1362) is amended by adding at the end the fol-
lowing: 
‘‘(27) FILL MATERIAL.— 
‘‘(A) IN GENERAL.—The term ‘fill material’ 
means any material placed in waters of the 
United States where the material has the effect 
of— 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(i) replacing any portion of a water 
of the United States with dry land; or 
‘‘(ii) changing the bottom elevation of 
any portion of a water of the United States. 
‘‘(B) INCLUSIONS.—The term ‘fill material’ 
includes— 
‘‘(i) rock; 
‘‘(ii) sand; 
‘‘(iii) soil; 
‘‘(iv) clay; 
‘‘(v) plastics; 
‘‘(vi) construction debris; 
‘‘(vii) wood chips; 
‘‘(viii) overburden from mining or 
other excavation activities; and 
‘‘(ix) materials used to create any 
structure or infrastructure in the waters of 
the United States. 
‘‘(C) EXCLUSIONS.—The term ‘fill material’ 
does not apply to trash or garbage.’’. 
SEC. 8. APPLICABILITY OF AMENDMENTS. 
Except as otherwise specifically provided, the amend-
ments made by this Act shall apply to actions taken on 
or after the date of enactment of this Act, including actions 
taken with respect to permit applications pending, or re-
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
vised or new standards in the process of being promulgated, 
on such date of enactment. 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS
Union Calendar No. 449 
113TH CONGRESS 
2D SESSION 
H. R. 5077 
[Report No. 113–604] 
A BILL 
To amend the Federal Water Pollution Control Act 
to provide guidance and clarification regarding 
issuing new and renewal permits, and for other 
purposes. 
SEPTEMBER 18, 2014 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
21:41 Sep 18, 2014
Jkt 039200
PO 00000
Frm 00030
Fmt 6651
Sfmt 6651
E:\BILLS\H5077.RH
H5077
asabaliauskas on DSK5VPTVN1PROD with BILLS