II Calendar No. 103 112THCONGRESS 1STSESSION H. R. 2018 IN THE SENATE OF THE UNITED STATES JULY14, 2011 Received; read the first time JULY18, 2011 Read the second time and placed on the calendar AN ACT To amend the Federal Water Pollution Control Act to pre-serve the authority of each State to make determinations relating to the State’s water quality standards, and for other purposes. Be it enacted by the Senate and House of Representa-1tives of the United States of America in Congress assembled, 2VerDate Mar 15 2010 23:42 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.PCS H2018rfrederick on DSK29S0YB1PROD with BILLS2 HR 2018 PCSSEC. 2. STATE WATER QUALITY STANDARDS. 1(a) STATEWATERQUALITYSTANDARDS.—Section 2303(c)(4) of the Federal Water Pollution Control Act (33 3U.S.C. 1313(c)(4)) is amended— 4(1) by redesignating subparagraphs (A) and 5(B) as clauses (i) and (ii), respectively; 6(2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 7(3) by striking ‘‘The Administrator shall pro-8mulgate’’ and inserting the following: 9‘‘(B) The Administrator shall promulgate’’; and 10(4) by adding at the end the following: 11‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad-12ministrator may not promulgate a revised or new standard 13for a pollutant in any case in which the State has sub-14mitted to the Administrator and the Administrator has ap-15proved a water quality standard for that pollutant, unless 16the State concurs with the Administrator’s determination 17that the revised or new standard is necessary to meet the 18requirements of this Act.’’. 19(b) FEDERALLICENSES ANDPERMITS.—Section 20401(a) of such Act (33 U.S.C. 1341(a)) is amended by 21adding at the end the following: 22‘‘(7) With respect to any discharge, if a State or 23interstate agency having jurisdiction over the navigable 24waters at the point where the discharge originates or will 25originate determines under paragraph (1) that the dis-26VerDate Mar 15 2010 22:58 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.PCS H2018rfrederick on DSK29S0YB1PROD with BILLS3 HR 2018 PCScharge will comply with the applicable provisions of sec-1tions 301, 302, 303, 306, and 307, the Administrator may 2not take any action to supersede the determination.’’. 3(c) STATENPDES PERMITPROGRAMS.—Section 4402(c) of such Act (42 U.S.C. 1342(c)) is amended by 5adding at the end the following: 6‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS-7TRATOR TO WITHDRAW APPROVAL OF STATE PRO-8GRAMS.—The Administrator may not withdraw ap-9proval of a State program under paragraph (3) or 10(4), or limit Federal financial assistance for the 11State program, on the basis that the Administrator 12disagrees with the State regarding— 13‘‘(A) the implementation of any water 14quality standard that has been adopted by the 15State and approved by the Administrator under 16section 303(c); or 17‘‘(B) the implementation of any Federal 18guidance that directs the interpretation of the 19State’s water quality standards.’’. 20(d) LIMITATION ONAUTHORITY OFADMINISTRATOR 21TOOBJECT TOINDIVIDUALPERMITS.—Section 402(d) of 22such Act (33 U.S.C. 1342(d)) is amended by adding at 23the end the following: 24VerDate Mar 15 2010 22:58 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.PCS H2018rfrederick on DSK29S0YB1PROD with BILLS4 HR 2018 PCS‘‘(5) The Administrator may not object under para-1graph (2) to the issuance of a permit by a State on the 2basis of— 3‘‘(A) the Administrator’s interpretation of a 4water quality standard that has been adopted by the 5State and approved by the Administrator under sec-6tion 303(c); or 7‘‘(B) the implementation of any Federal guid-8ance that directs the interpretation of the State’s 9water quality standards.’’. 10SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL. 11(a) AUTHORITY OFEPA ADMINISTRATOR.—Section 12404(c) of the Federal Water Pollution Control Act (33 13U.S.C. 1344(c)) is amended— 14(1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 15and 16(2) by adding at the end the following: 17‘‘(2) Paragraph (1) shall not apply to any permit if 18the State in which the discharge originates or will origi-19nate does not concur with the Administrator’s determina-20tion that the discharge will result in an unacceptable ad-21verse effect as described in paragraph (1).’’. 22(b) STATEPERMITPROGRAMS.—The first sentence 23of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) 24is amended by striking ‘‘The Governor of any State desir-25VerDate Mar 15 2010 22:58 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.PCS H2018rfrederick on DSK29S0YB1PROD with BILLS5 HR 2018 PCSing to administer its own individual and general permit 1program for the discharge’’ and inserting ‘‘The Governor 2of any State desiring to administer its own individual and 3general permit program for some or all of the discharges’’. 4SEC. 4. DEADLINES FOR AGENCY COMMENTS. 5Section 404 of the Federal Water Pollution Control 6Act (33 U.S.C. 1344) is amended— 7(1) in subsection (m) by striking ‘‘ninetieth 8day’’ and inserting ‘‘30th day (or the 60th day if ad-9ditional time is requested)’’; and 10(2) in subsection (q)— 11(A) by striking ‘‘(q)’’ and inserting 12‘‘(q)(1)’’; and 13(B) by adding at the end the following: 14‘‘(2) The Administrator and the head of a depart-15ment or agency referred to in paragraph (1) shall each 16submit any comments with respect to an application for 17a permit under subsection (a) or (e) not later than the 1830th day (or the 60th day if additional time is requested) 19after the date of receipt of an application for a permit 20under that subsection.’’. 21SEC. 5. APPLICABILITY OF AMENDMENTS. 22The amendments made by this Act shall apply to ac-23tions taken on or after the date of enactment of this Act, 24including actions taken with respect to permit applications 25VerDate Mar 15 2010 22:58 Jul 18, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2018.PCS H2018rfrederick on DSK29S0YB1PROD with BILLS6 HR 2018 PCSthat are pending or revised or new standards that are 1being promulgated as of such date of enactment. 2SEC. 6. REPORTING ON HARMFUL POLLUTANTS. 3Not later than 1 year after the date of enactment 4of this Act, and annually thereafter, the