SIL13296

S.L.C.

AMENDMENT NO.llll

Calendar No.lll

Purpose: To preserve the authority of each State to make determinations relating to the States water quality standards.
IN THE SENATE OF THE UNITED STATES113th Cong., 1st Sess.

S. 601 To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. MANCHIN Viz: 1 2 3 4 5 At the end of the bill, add the following:

TITLE XIICLEAN WATER COOPERATIVE FEDERALISM

SECTION 12001. SHORT TITLE.

This title may be cited as the Clean Water Coopera-

6 tive Federalism Act of 2013. 7 8

SEC. 12002. STATE WATER QUALITY STANDARDS.

(a) STATE WATER QUALITY STANDARDS.Section

9 303(c)(4) of the Federal Water Pollution Control Act (33 10 U.S.C. 1313(c)(4)) is amended

SIL13296

S.L.C.

2 1 2 3 4 5 6 7 8 (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 promulgate 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-

9 ministrator may not promulgate a revised or new standard 10 for a pollutant in any case in which the State has sub11 mitted to the Administrator and the Administrator has ap12 proved a water quality standard for that pollutant, unless 13 the State concurs with the Administrators determination 14 that the revised or new standard is necessary to meet the 15 requirements of this Act.. 16 (b) FEDERAL LICENSES
AND

PERMITS.Section

17 401(a) of such Act (33 U.S.C. 1341(a)) is amended by 18 adding at the end the following: 19 (7) With respect to any discharge, if a State or

20 interstate agency having jurisdiction over the navigable 21 waters at the point where the discharge originates or will 22 originate determines under paragraph (1) that the dis23 charge will comply with the applicable provisions of sec24 tions 301, 302, 303, 306, and 307, the Administrator may 25 not take any action to supersede the determination..

SIL13296

S.L.C.

3 1 (c) STATE NPDES PERMIT PROGRAMS.Section

2 402(c) of such Act (42 U.S.C. 1342(c)) is amended by 3 adding at the end the following: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (5) LIMITATION
ON AUTHORITY OF ADMINIS-

TRATOR TO WITHDRAW APPROVAL OF STATE PROGRAMS.The

Administrator may not withdraw ap-

proval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding (A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or (B) the implementation of any Federal guidance that directs the interpretation of the States water quality standards.. (d) LIMITATION
ON

AUTHORITY

OF

ADMINISTRATOR

19 TO OBJECT

TO INDIVIDUAL

PERMITS.Section 402(d) of

20 such Act (33 U.S.C. 1342(d)) is amended by adding at 21 the end the following: 22 (5) The Administrator may not object under para-

23 graph (2) to the issuance of a permit by a State on the 24 basis of

SIL13296

S.L.C.

4 1 2 3 4 5 6 7 8 9 (A) the Administrators interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or (B) the implementation of any Federal guidance that directs the interpretation of the States water quality standards..
SEC. 12003. PERMITS FOR DREDGED OR FILL MATERIAL.

(a) AUTHORITY

OF

EPA ADMINISTRATOR.Section

10 404(c) of the Federal Water Pollution Control Act (33 11 U.S.C. 1344(c)) is amended 12 13 14 15 and (2) by adding at the end the following: (2) Paragraph (1) shall not apply to any permit if (1) by striking (c) and inserting (c)(1);

16 the State in which the discharge originates or will origi17 nate does not concur with the Administrators determina18 tion that the discharge will result in an unacceptable ad19 verse effect as described in paragraph (1).. 20 (b) STATE PERMIT PROGRAMS.The first sentence

21 of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) 22 is amended by striking The Governor of any State desir23 ing to administer its own individual and general permit 24 program for the discharge and inserting The Governor

SIL13296

S.L.C.

5 1 of any State desiring to administer its own individual and 2 general permit program for some or all of the discharges. 3 4
SEC. 12004. DEADLINES FOR AGENCY COMMENTS.

Section 404 of the Federal Water Pollution Control

5 Act (33 U.S.C. 1344) is amended 6 7 8 9 10 11 12 13 (1) in subsection (m) by striking ninetieth day and inserting 30th day (or the 60th day if additional 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 depart-

14 ment or agency referred to in paragraph (1) shall each 15 submit any comments with respect to an application for 16 a permit under subsection (a) or (e) not later than the 17 30th day (or the 60th day if additional time is requested) 18 after the date of receipt of an application for a permit 19 under that subsection.. 20 21
SEC. 12005. APPLICABILITY OF AMENDMENTS.

The amendments made by this title shall apply to ac-

22 tions taken on or after the date of enactment of this Act, 23 including actions taken with respect to permit applications 24 that are pending or revised or new standards that are 25 being promulgated as of such date of enactment.

SIL13296

S.L.C.

6 1 2
SEC. 12006. REPORTING ON HARMFUL POLLUTANTS.

Not later than 1 year after the date of enactment

3 of this Act, and annually thereafter, the Administrator of 4 the Environmental Protection Agency shall submit to Con5 gress a report on any increase or reduction in waterborne 6 pathogenic microorganisms (including protozoa, viruses, 7 bacteria, and parasites), toxic chemicals, or toxic metals 8 (such as lead and mercury) in waters regulated by a State 9 under the provisions of this title, including the amend10 ments made by this title. 11 12
SEC. 12007. PIPELINES CROSSING STREAMBEDS.

None of the provisions of this title, including the

13 amendments made by this title, shall be construed to limit 14 the authority of the Administrator of the Environmental 15 Protection Agency, as in effect on the day before the date 16 of enactment of this Act, to regulate a pipeline that 17 crosses a streambed. 18 19 20 21 22 23 24 25 26 the
SEC. 12008. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY.

(a) ANALYSIS
MENT AND

OF IMPACTS OF

ACTIONS

ON

EMPLOY-

ECONOMIC ACTIVITY.

(1) ANALYSIS.Before taking a covered action, Administrator shall analyze the impact,

disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity.

SIL13296

S.L.C.

7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) ECONOMIC (A) IN

MODELS.

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 Comptroller General of the United States shall submit to Congress 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 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

SIL13296

S.L.C.

8 1 2 3 4 5 6 7 8 9 10 11 12 employment levels or economic activity in a State, 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 locations in the State that will experience the greatest number of job losses. (c) NOTIFICATION.If the Administrator concludes

13 under subsection (a)(1) that a covered action will have 14 more than a de minimis negative impact on employment 15 levels or economic activity in any State, the Administrator 16 shall give notice of such impact to the States Congres17 sional delegation, Governor, and Legislature at least 45 18 days before the effective date of the covered action. 19 (d) DEFINITIONS.In this section, the following defi-

20 nitions apply: 21 22 23 24 25 (1) ADMINISTRATOR.The term Administrator means the Administrator of the Environmental Protection Agency. (2) COVERED
ACTION.The

term covered ac-

tion means any of the following actions taken by

SIL13296

S.L.C.

9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the 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 requirement. (B) Implementing a new or substantially altered program. (3) MORE
PACT.The THAN A DE MINIMIS NEGATIVE IM-

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 government 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 offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.