I 
113TH CONGRESS 
1ST SESSION H. R. 1829 
To amend the Federal Water Pollution Control Act to provide guidance 
and clarification regarding issuing new and renewal permits, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 6, 2013 
Mrs. CAPITO (for herself, Mr. BARR, Mr. SHIMKUS, Mrs. LUMMIS, Mr. STIV-
ERS, Mrs. WAGNER, Mr. JOHNSON of Ohio, Mr. GRIFFITH of Virginia, 
Mr. WHITFIELD, Mr. MCKINLEY, and Mr. LATTA) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to pro-
vide guidance and clarification regarding issuing new 
and renewal permits, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coal Jobs Protection 
Act of 2013’’. 
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SEC. 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION 
SYSTEM. 
(a) APPLICABILITY OF GUIDANCE.—Section 402 of 
the Federal Water Pollution Control Act (33 U.S.C. 1342) 
is amended by adding at the end the following: 
‘‘(s) APPLICABILITY OF GUIDANCE.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) GUIDANCE.— 
‘‘(i) IN
GENERAL.—The term ‘guid-
ance’ means draft, interim, or final guid-
ance issued by the Administrator. 
‘‘(ii) INCLUSIONS.—The term ‘guid-
ance’ includes— 
‘‘(I) the comprehensive guidance 
issued by the Administrator and dated 
April 1, 2010; 
‘‘(II) the proposed guidance enti-
tled ‘Draft Guidance on Identifying 
Waters Protected by the Clean Water 
Act’ and dated April 28, 2011; 
‘‘(III) the final guidance pro-
posed by the Administrator and dated 
July 21, 2011; and 
‘‘(IV) any other document or 
paper issued by the Administrator 
through any process other than the 
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notice and comment rulemaking proc-
ess. 
‘‘(B) NEW PERMIT.—The term ‘new per-
mit’ means a permit covering discharges from a 
structure— 
‘‘(i) that is issued under this section 
by a permitting authority; and 
‘‘(ii) for which an application is— 
‘‘(I) pending as of the date of en-
actment of this subsection; or 
‘‘(II) filed on or after the date of 
enactment of this subsection. 
‘‘(C) PERMITTING AUTHORITY.—The term 
‘permitting authority’ means— 
‘‘(i) the Administrator; or 
‘‘(ii) a State, acting pursuant to a 
State program that is equivalent to the 
program under this section and approved 
by the Administrator. 
‘‘(2) PERMITS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, in making a determina-
tion whether to approve a new permit or a re-
newed permit, the permitting authority— 
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‘‘(i) shall base the determination only 
on compliance with regulations issued by 
the Administrator or the permitting au-
thority; and 
‘‘(ii) shall not base the determination 
on the extent of adherence of the applicant 
for the new permit or renewed permit to 
guidance. 
‘‘(B) NEW
PERMITS.—If the permitting 
authority does not approve or deny an applica-
tion for a new permit by the date that is 270 
days after the date of receipt of the application 
for the new permit, the applicant may operate 
as if the application were approved in accord-
ance with Federal law for the period of time for 
which a permit from the same industry would 
be approved. 
‘‘(C) SUBSTANTIAL
COMPLETENESS.—In 
determining whether an application for a new 
permit or a renewed permit received under this 
paragraph is substantially complete, the permit-
ting authority shall use standards for deter-
mining substantial completeness of similar per-
mits for similar facilities submitted in fiscal 
year 2007.’’. 
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(b) STATE PERMIT PROGRAMS.— 
(1) IN GENERAL.—Section 402 of the Federal 
Water Pollution Control Act (33 U.S.C. 1342) is 
amended by striking subsection (b) and inserting the 
following: 
‘‘(b) STATE PERMIT PROGRAMS.— 
‘‘(1) IN GENERAL.—At any time after the pro-
mulgation of the guidelines required by section 
304(I)(2), the Governor of each State desiring to ad-
minister a permit program for discharges into navi-
gable waters within the jurisdiction of the State may 
submit to the Administrator— 
‘‘(A) a full and complete description of the 
program the State proposes to establish and ad-
minister under State law or under an interstate 
compact; and 
‘‘(B) a statement from the attorney gen-
eral (or the attorney for those State water pol-
lution control agencies that have independent 
legal counsel), or from the chief legal officer in 
the case of an interstate agency, that the laws 
of the State, or the interstate compact, as ap-
plicable, provide adequate authority to carry out 
the described program. 
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‘‘(2) APPROVAL.—The Administrator shall ap-
prove each program for which a description is sub-
mitted under paragraph (1) unless the Adminis-
trator determines that adequate authority does not 
exist— 
‘‘(A) to issue permits that— 
‘‘(i) apply, and ensure compliance 
with, any applicable requirements of sec-
tions 301, 302, 306, 307, and 403; 
‘‘(ii) are for fixed terms not exceeding 
5 years; 
‘‘(iii) can be terminated or modified 
for cause including— 
‘‘(I) a violation of any condition 
of the permit; 
‘‘(II) obtaining a permit by mis-
representation or failure to disclose 
fully all relevant facts; and 
‘‘(III) a change in any condition 
that requires either a temporary or 
permanent reduction or elimination of 
the permitted discharge; and 
‘‘(iv) control the disposal of pollutants 
into wells; 
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‘‘(B)(i) to issue permits that apply, and 
ensure compliance with, all applicable require-
ments of section 308; or 
‘‘(ii) to inspect, monitor, enter, and require 
reports to at least the same extent as required 
in section 308; 
‘‘(C) to ensure that the public, and any 
other State the waters of which may be af-
fected, receives notice of each application for a 
permit and an opportunity for a public hearing 
before a ruling on each application; 
‘‘(D) to ensure that the Administrator re-
ceives notice and a copy of each application for 
a permit; 
‘‘(E) to ensure that any State (other than 
the permitting State), whose waters may be af-
fected by the issuance of a permit may submit 
written recommendations to the permitting 
State and the Administrator with respect to any 
permit application and, if any part of the writ-
ten recommendations are not accepted by the 
permitting State, that the permitting State will 
notify the affected State and the Administrator 
in writing of the failure of the State to accept 
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the recommendations, including the reasons for 
not accepting the recommendations; 
‘‘(F) to ensure that no permit will be 
issued if, in the judgment of the Secretary of 
the Army acting through the Chief of Engi-
neers, after consultation with the Secretary of 
the department in which the Coast Guard is op-
erating, anchorage and navigation of any of the 
navigable waters would be substantially im-
paired by the issuance of the permit; 
‘‘(G) to abate violations of the permit or 
the permit program, including civil and criminal 
penalties and other means of enforcement; 
‘‘(H) to ensure that any permit for a dis-
charge from a publicly owned treatment works 
includes conditions to require the identification 
in terms of character and volume of pollutants 
of any significant source introducing pollutants 
subject to pretreatment standards under section 
307(b) into the treatment works and a program 
to ensure compliance with those pretreatment 
standards by each source, in addition to ade-
quate notice, which shall include information on 
the quality and quantity of effluent to be intro-
duced into the treatment works and any antici-
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pated impact of the change in the quantity or 
quality of effluent to be discharged from the 
publicly owned treatment works, to the permit-
ting agency of— 
‘‘(i) new introductions into the treat-
ment works of pollutants from any source 
that would be a new source as defined in 
section 306 if the source were discharging 
pollutants; 
‘‘(ii) new introductions of pollutants 
into the treatment works from a source 
that would be subject to section 301 if the 
source were discharging those pollutants; 
or 
‘‘(iii) a substantial change in volume 
or character of pollutants being introduced 
into the treatment works by a source intro-
ducing pollutants into the treatment works 
at the time of issuance of the permit; and 
‘‘(I) to ensure that any industrial user of 
any publicly owned treatment works will comply 
with sections 204(b), 307, and 308. 
‘‘(3) ADMINISTRATION.—Notwithstanding para-
graph (2), the Administrator may not disapprove or 
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withdraw approval of a program under this sub-
section on the basis of the following: 
‘‘(A) The failure of the program to incor-
porate or comply with guidance (as defined in 
subsection (s)(1)). 
‘‘(B) The implementation of a water qual-
ity standard that has been adopted by the State 
and approved by the Administrator under sec-
tion 303(c).’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 309 of the Federal Water Pol-
lution Control Act (33 U.S.C. 1319) is amend-
ed— 
(i) in subsection (c)— 
(I) in paragraph (1)(A), by strik-
ing 
‘‘402(b)(8)’’ 
and 
inserting 
‘‘402(b)(2)(H)’’; and 
(II) in paragraph (2)(A), by 
striking ‘‘402(b)(8)’’ and inserting 
‘‘402(b)(2)(H)’’; and 
(ii) in subsection (d), in the first sen-
tence, by striking ‘‘402(b)(8)’’ and insert-
ing ‘‘402(b)(2)(H)’’. 
(B) Section 402(m) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(m)) is 
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amended in the first sentence by striking ‘‘sub-
section (b)(8) of this section’’ and inserting 
‘‘subsection (b)(2)(H)’’. 
(c) SUSPENSION OF FEDERAL PROGRAM.—Section 
402(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(c)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) LIMITATION ON DISAPPROVAL.—Notwith-
standing paragraphs (1) through (3), the Adminis-
trator may not disapprove or withdraw approval of 
a State program under subsection (b) on the basis 
of the failure of the following: 
‘‘(A) The failure of the program to incor-
porate or comply with guidance (as defined in 
subsection (s)(1)). 
‘‘(B) The implementation of a water qual-
ity standard that has been adopted by the State 
and approved by the Administrator under sec-
tion 303(c).’’. 
(d) NOTIFICATION
OF
ADMINISTRATOR.—Section 
402(d)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(d)(2)) is amended— 
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(1) by striking ‘‘(2) NO’’ and inserting the fol-
lowing: 
‘‘(2) OBJECTION BY ADMINISTRATOR.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), no permit shall issue if— 
‘‘(i) not later than 90 days after the 
date on which the Administrator receives 
notification under subsection (b)(2)(E), the 
Administrator objects in writing to the 
issuance of the permit; or 
‘‘(ii) not later than 90 days after the 
date on which the proposed permit of the 
State is transmitted to the Administrator, 
the Administrator objects in writing to the 
issuance of the permit as being outside the 
guidelines and requirements of this Act.’’; 
(2) in the second sentence, by striking ‘‘When-
ever the Administrator’’ and inserting the following: 
‘‘(B) REQUIREMENTS.—If the Adminis-
trator’’; and 
(3) by adding at the end the following: 
‘‘(C) 
EXCEPTION.—The 
Administrator 
shall not object to or deny the issuance of a 
permit by a State under subsection (b) or (s) 
based on the following: 
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‘‘(i) Guidance, as that term is defined 
in subsection (s)(1). 
‘‘(ii) The Administrator’s interpreta-
tion of a water quality standard that has 
been adopted by the State and approved by 
the Administrator under section 303(c).’’. 
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. 
(a) IN GENERAL.—Section 404(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344(a)) is 
amended— 
(1) by striking the section heading and all that 
follows through ‘‘SEC. 404. (a) The Secretary may 
issue’’ and inserting the following: 
‘‘SEC. 404. PERMITS FOR DREDGED OR FILL MATERIAL. 
‘‘(a) PERMITS.— 
‘‘(1) IN GENERAL.—The Secretary may issue’’; 
and 
(2) by adding at the end the following: 
‘‘(2) DEADLINE FOR APPROVAL.— 
‘‘(A) PERMIT APPLICATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), if an environmental as-
sessment or environmental impact state-
ment, as appropriate, is required under the 
National Environmental Policy Act of 
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1969 (42 U.S.C. 4321 et seq.), the Sec-
retary shall— 
‘‘(I) begin the process not later 
than 90 days after the date on which 
the Secretary receives a permit appli-
cation; and 
‘‘(II) approve or deny an applica-
tion for a permit under this sub-
section not later than the latter of— 
‘‘(aa) if an agency carries 
out an environmental assessment 
that leads to a finding of no sig-
nificant impact, the date on 
which the finding of no signifi-
cant impact is issued; or 
‘‘(bb) if an agency carries 
out an environmental assessment 
that leads to a record of decision, 
15 days after the date on which 
the record of decision on an envi-
ronmental impact statement is 
issued. 
‘‘(ii) 
PROCESSES.—Notwithstanding 
clause (i), regardless of whether the Sec-
retary has commenced an environmental 
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assessment or environmental impact state-
ment by the date described in clause (i)(I), 
the following deadlines shall apply: 
‘‘(I) An environmental assess-
ment carried out under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall be com-
pleted not later than 1 year after the 
deadline for commencing the permit 
process under clause (i)(I). 
‘‘(II) An environmental impact 
statement carried out under the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall 
be completed not later than 2 years 
after the deadline for commencing the 
permit 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 
requested in the application, shall be con-
sidered to be approved; 
‘‘(ii) the Secretary shall issue a permit 
to the applicant; and 
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‘‘(iii) the permit shall not be subject 
to judicial review.’’. 
(b) STATE PERMITTING PROGRAMS.— 
(1) AUTHORITY OF EPA ADMINISTRATOR.—Sec-
tion 404(c) of the Federal Water Pollution Control 
Act (33 U.S.C. 1344(c)) is amended by striking 
‘‘(c)’’ and inserting the following: 
‘‘(c) AUTHORITY OF EPA ADMINISTRATOR.— 
‘‘(1) POSSIBLE
PROHIBITION
OF
SPECIFICA-
TION.—Until such time as the Secretary has issued 
a permit under this section, the Administrator is au-
thorized to prohibit the specification (including the 
withdrawal of specification) of any defined area as 
a disposal site, and he is authorized to deny or re-
strict the use of any defined area for specification 
(including the withdrawal of specification) as a dis-
posal site, whenever he determines, after notice and 
opportunity for public hearings, that the discharge 
of such materials into such area will have an unac-
ceptable adverse effect on municipal water supplies, 
shellfish beds and fishery areas (including spawning 
and breeding areas), wildlife, or recreational areas. 
Before making such determination, the Adminis-
trator shall consult with the Secretary. The Admin-
istrator shall set forth in writing and make public 
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his findings and his reasons for making any deter-
mination under this subsection. 
‘‘(2) AUTHORITY OF STATE PERMITTING PRO-
GRAMS.—Paragraph (1) shall not apply to any per-
mit if the State in which the discharge originates or 
will originate does not concur with the Administra-
tor’s determination that the discharge will result in 
an unacceptable adverse effect as described in para-
graph (1).’’. 
(c) STATE PROGRAMS.—The first sentence of section 
404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) is amended 
by striking ‘‘for the discharge’’ and inserting ‘‘for some 
or all of the discharges’’. 
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-
ployment levels and economic activity, including esti-
mated job losses and decreased economic activity. 
(2) ECONOMIC MODELS.— 
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(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 31st of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
els 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 Inter-
net Web site of the Environmental Protection 
Agency; 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 
employment levels or economic activity in a State, 
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the Administrator shall hold a public hearing in each 
such State at least 30 days prior to the effective 
date of the covered action. 
(2) TIME, LOCATION, AND SELECTION.—A pub-
lic hearing required under paragraph (1) shall be 
held at a convenient time and location for impacted 
residents. In selecting a location for such a public 
hearing, the Administrator shall give priority to loca-
tions 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 any State, the Administrator 
shall give notice of such impact to the State’s Congres-
sional delegation, 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 
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the Administrator under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1201 et seq.): 
(A) Issuing a regulation, policy statement, 
guidance, response to a petition, or other re-
quirement. 
(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 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 
decrease 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 em-
ployment may not be used in the economic ac-
tivity calculation. 
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