(B) by inserting after the third sentence
the following: ‘‘Criteria for biological monitor-
ing or whole effluent toxicity shall employ an
aquatic species that is indigenous to the type of
waters, a species that is representative of such
species, or such other appropriate species as
will indicate the toxicity of the effluent in the
specific receiving waters. Such criteria shall
take into account the natural biological varia-
bility of the species, and shall ensure that the
accompanying test method accurately represents
actual in-stream conditions, including condi-
tions associated with dry and wet weather.’’;
and
(2) by adding at the end the following:
‘‘(C) Where the permitting authority determines that
the discharge from a publicly owned treatment works, a
municipal separate storm sewer system, or municipal com-
bined sewer overflows, including control facilities, or other
wet weather control facilities causes, has the reasonable
potential to cause, or contributes to an in-stream excur-
sion above a narrative or numeric criterion for whole efflu-
ent toxicity, the permit may contain terms, conditions, or
limitations requiring further analysis, identification eval-
uation, or reduction evaluation of such effluent toxicity.
Such terms, conditions, or limitations meeting the require-
ments of this section may be utilized in conjunction with
a municipal separate storm sewer system, or municipal
combined sewer overflows, including control facilities, or
other wet weather control facilities only upon a demonstra-
tion that such terms, conditions, or limitations are tech-
nically feasible, accurately represent toxicity associated
with wet weather conditions, and can materially assist in
an identification evaluation or reduction evaluation of such
toxicity.’’.
(b) INFORMATION ON WATER QUALITY CRITERIA.—
Section 304(a)(8) of the Federal Water Pollution Control
Act (33 U.S.C. 1314(a)(8)) is amended by inserting ‘‘,
consistent with subparagraphs (B) and (C) of section
303(c)(2),’’ after ‘‘publish’’.
(c) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING
AT PUBLICLY OWNED
TREATMENT
WORKS, MUNICIPAL
SEPARATE
STORM
SEWER SYSTEMS, OR MUNICIPAL COMBINED SEWER
OVERFLOWS, INCLUDING
CONTROL
FACILITIES, 
OR
OTHER WET WEATHER CONTROL FACILITIES.—Section
402 of the Federal Water Pollution Control Act (33
U.S.C. 1342) is amended by adding at the end the follow-
ing:
‘‘(q) USE OF BIOLOGICAL MONITORING OR WHOLE
EFFLUENT TOXICITY TESTING
AT PUBLICLY OWNED
TREATMENT
WORKS, MUNICIPAL
SEPARATE
STORM
SEWER SYSTEMS, OR MUNICIPAL COMBINED SEWER
OVERFLOWS, INCLUDING
CONTROL
FACILITIES, 
OR
OTHER WET WEATHER CONTROL FACILITIES.—
‘‘(1) IN GENERAL.—Where the Administrator
determines that it is necessary in accordance with
subparagraphs (B) and (C) of section 303(c)(2) to
include biological monitoring, whole effluent toxicity
testing, or assessment methods as a term, condition,
or limitation in a permit issued to a publicly owned
treatment works, a municipal separate storm sewer
system, or a municipal combined sewer overflow, in-
cluding a control facility, or other wet weather con-
trol facility pursuant to this section, such permit
term, condition, or limitation shall be in accordance
with such subparagraphs.
‘‘(2) RESPONDING
TO
TEST
FAILURES.—If a
permit issued under this section contains terms, con-
ditions, or limitations requiring biological monitoring
or whole effluent toxicity testing designed to meet
criteria for biological monitoring or whole effluent
toxicity, the permit may establish procedures for fur-
ther analysis, identification evaluation, or reduction
evaluation of such toxicity. The permit shall allow
the permittee to discontinue such procedures, subject
to future reinitiation of such procedures upon a
showing by the permitting authority of changed con-
ditions, if the source of such toxicity cannot, after
thorough investigation, be identified.
‘‘(3) TEST FAILURE NOT A VIOLATION.—The
failure of a biological monitoring test or a whole ef-
fluent toxicity test at a publicly owned treatment
works, a municipal separate storm sewer system, or
a municipal combined sewer overflow, including a
control facility, or other wet weather control facility
shall not result in a finding of a violation under this
Act.’’.
Æ