Municipal Biological Monitoring Use Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Municipal Biological Monitoring Use 
Act''.

SEC. 2. BIOLOGICAL MONITORING AT PUBLICLY OWNED TREATMENT WORKS, 
              MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND MUNICIPAL 
              COMBINED SEWER OVERFLOWS, INCLUDING CONTROL FACILITIES, 
              AND OTHER WET WEATHER CONTROL FACILITIES.

    (a) Biological Monitoring Criteria.--Section 303(c)(2) of the 
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking the period at the end and inserting 
                the following: ``: Provided, That for publicly owned 
                treatment works, municipal separate storm sewer 
                systems, and municipal combined sewer overflows, 
                including control facilities, and other wet weather 
                control facilities, nothing in this Act shall be 
                construed to authorize the use of water quality 
                standards or permit effluent limitations which result 
                in the finding of a violation upon failure of whole 
                effluent toxicity tests or biological monitoring 
                tests.''; and
                    (B) by inserting after the third sentence the 
                following: ``Criteria for biological monitoring 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 
                variability of the species, and shall ensure that the 
                accompanying test method accurately represents actual 
                in-stream conditions, including conditions 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 combined sewer overflows, including control 
facilities, or other wet weather control facilities causes, has the 
reasonable potential to cause, or contributes to an in-stream excursion 
above a narrative or numeric criterion for whole effluent toxicity, the 
permit may contain terms, conditions, or limitations requiring further 
analysis, identification evaluation, or reduction evaluation of such 
effluent toxicity. Such terms, conditions, or limitations meeting the 
requirements 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 demonstration that such terms, conditions, or 
limitations are technically 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 following:
    ``(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, including a control 
        facility, or other wet weather control 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, conditions, 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 further 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 conditions, 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 effluent 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.''.

Summary: Municipal Biological Monitoring Use Act - Amends the Federal Water Pollution Control Act relating to a State's adoption of water quality standards to provide that, with respect to publicly owned treatment works, municipal separate storm sewer systems, and municipal combined sewer overflows (public sewer facilities), nothing in such Act shall be construed to authorize the use of water quality standards or permit effluent limitations which result in a finding of a violation upon failure of whole effluent toxicity or biological monitoring tests. Requires criteria for such testing to employ an aquatic species that is indigenous to the type of waters, a species that is representative of such species, or other appropriate species to indicate the toxicity of the effluent in the specific receiving waters, taking into account the natural biological variability of the species. 
States that where the permitting authority determines that the discharge from a public sewer facility has reasonable potential to cause or contribute to an in-stream excursion above the criterion for whole effluent toxicity, the permit may contain terms, conditions and limitations requiring further toxicity analysis and evaluation.  Directs the Administrator of the Environmental Protection Agency to follow the above criteria when the Administrator determines that it is necessary to include biological monitoring, whole effluent toxicity testing, or assessment methods as a permit term, condition or limitation issued to a public sewer facility.  States that the failure of a biological monitoring or whole effluent toxicity test at a public sewer facility shall not result in a finding of a violation under the Federal Water Pollution Control Act.