HR 3898 — PERMIT Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 FEDERAL WATER POLLUTION CONTROL ACT

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TITLE III--STANDARDS AND ENFORCEMENT

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 water quality standards and implementation plans

 Sec. 303. (a)(1) In order to carry out the purpose of this 
Act, any water quality standard applicable to interstate waters 
which was adopted by any State and submitted to, and approved 
by, or is awaiting approval by, the Administrator pursuant to 
this Act as in effect immediately prior to the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972, shall remain in effect unless the Administrator 
determined that such standard is not consistent with the 
applicable requirements of this Act as in effect immediately 
prior to the date of enactment of the Federal Water Pollution 
Control Act Amendments of 1972. If the Administrator makes such 
a determination he shall, within three months after the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972, notify the State and specify the changes needed to 
meet such requirements. If such changes are not adopted by the 
State within ninety days after the date of such notification, 
the Administrator shall promulgate such changes in accordance 
with subsection (b) of this section.
 (2) Any State which, before the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, has 
adopted, pursuant to its own law, water quality standards 
applicable to intrastate waters shall submit such standards to 
the Administrator within thirty days after the date of 
enactment of the Federal Water Pollution Control Act Amendments 
of 1972. Each such standard shall remain in effect, in the same 
manner and to the same extent as any other water quality 
standard established under this Act unless the Administrator 
determines that such standard is inconsistent with the 
applicable requirements of this Act as in effect immediately 
prior to the date of enactment of the Federal Water Pollution 
Control Act Amendments of 1972. If the Administrator makes such 
a determination he shall not later than the one hundred and 
twentieth day after the date of submission of such standards, 
notify the State and specify the changes needed to meet such 
requirements. If such changes are not adopted by the State 
within ninety days after such notification, the Administrator 
shall promulgate such changes in accordance with subsection (b) 
of this section.
 (3)(A) Any State which prior to the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972 has not 
adopted pursuant to its own laws water quality standards 
applicable to intrastate waters shall, not later than one 
hundred and eighty days after the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, adopt 
and submit such standards to the Administrator.
 (B) If the Administrator determines that any such standards 
are consistent with the applicable requirements of this Act as 
in effect immediately prior to the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, he 
shall approve such standards.
 (C) If the Administrator determines that any such standards 
are not consistent with the applicable requirements of this Act 
as in effect immediately prior to the date of enactment of the 
Federal Water Pollution Control Act Amendments of 1972, he 
shall, not later than the ninetieth day after the date of 
submission of such standards, notify the State and specify the 
changes to meet such requirements. If such changes are not 
adopted by the State within ninety days after the date of 
notification, the Administrator shall promulgate such standards 
pursuant to subsection (b) of this section.
 (b)(1) The Administrator shall promptly prepare and publish 
proposed regulations setting forth water quality standards for 
a State in accordance with the applicable requirements of this 
Act as in effect immediately prior to the date of enactment of 
the Federal Water Pollution Control Act Amendments of 1972, 
if--
 (A) the State fails to submit water quality standards 
 within the times prescribed in subsection (a) of this 
 section,
 (B) a water quality standard submitted by such State 
 under subsection (a) of this section is determined by 
 the Administrator not to be consistent with the 
 applicable requirements of subsection (a) of this 
 section.
 (2) The Administrator shall promulgate any water quality 
standard published in a proposed regulation not later than one 
hundred and ninety days after the date he publishes any such 
proposed standard, unless prior to such promulgation, such 
State has adopted a water quality standard which the 
Administrator determines to be in accordance with subsection 
(a) of this section.
 (c)(1) [The Governor of a State] (A) The Governor of a State 
or the State water pollution control agency of such State shall 
from time to time (but at least once each three year period 
beginning with the date of enactment of the Federal Water 
Pollution Control Act Amendments of 1972) hold public hearings 
for the purpose of reviewing applicable water quality standards 
and, as appropriate, modifying and adopting standards. [Results 
of such review shall be made available to the Administrator.]
 (B) Reviews under this paragraph shall include review, for 
purposes of ensuring that combined sewer overflow controls are 
cost effective, of any water quality standard applicable to a 
body of water into which, pursuant to a permit, order, or 
decree issued pursuant to this Act, a municipal combined storm 
and sanitary sewer discharges. 
 (C) Results of each review under this paragraph shall be made 
available to the Administrator. 
 (2)(A) Whenever the State revises or adopts a new standard, 
such revised or new standard shall be submitted to the 
Administrator. Such revised or new water quality standard shall 
consist of the designated uses of the navigable waters involved 
and the water quality criteria for such waters based upon such 
uses. Such standards shall be such as to protect the public 
health or welfare, enhance the quality of water and serve the 
purposes of this Act. Such standards shall be established 
taking into consideration (i) their use and value for public 
water supplies, propagation of fish and wildlife, recreational 
purposes, and agricultural, industrial, and other purposes[, 
and also taking into consideration]; (ii) their use and value 
for navigation; and (iii) the cost and commercial availability 
in the United States of treatment technologies (including 
whether the technologies have been demonstrated at an 
applicable scale) that may be required to be applied to point 
sources in order to result in compliance with such standards.
 (B) Whenever a State reviews water quality standards pursuant 
to paragraph (1) of this subsection, or revises or adopts new 
standards pursuant to this paragraph, such State shall adopt 
criteria for all toxic pollutants listed pursuant to section 
307(a)(1) of this Act for which criteria have been published 
under section 304(a), the discharge or presence of which in the 
affected waters could reasonably be expected to interfere with 
those designated uses adopted by the State, as necessary to 
support such designated uses. Such criteria shall be specific 
numerical criteria for such toxic pollutants. Where such 
numerical criteria are not available, whenever a State reviews 
water quality standards pursuant to paragraph (1), or revises 
or adopts new standards pursuant to this paragraph, such State 
shall adopt criteria based on biological monitoring or 
assessment methods consistent with information published 
pursuant to section 304(a)(8). Nothing in this section shall be 
construed to limit or delay the use of effluent limitations or 
other permit conditions based on or involving biological 
monitoring or assessment methods or previously adopted 
numerical criteria.
 (3) If the Administrator, within sixty days after the date of 
submission of the revised or new standard, determines that such 
standard meets the requirements of this Act, such standard 
shall thereafter be the water quality standard for the 
applicable waters of that State. If the Administrator 
determines that any such revised or new standard is not 
consistent with the applicable requirements of this Act, he 
shall not later than the ninetieth day after the date of 
submission of such standard notify the State and specify the 
changes to meet such requirements. If such changes are not 
adopted by the State within ninety days after the date of 
notification, the Administrator shall promulgate such standard 
pursuant to paragraph (4) of this subsection.
 (4) The Administrator shall promptly prepare and publish 
proposed regulations setting forth a revised or new water 
quality standard for the navigable waters involved--
 (A) if a revised or new water quality standard 
 submitted by such State under paragraph (3) of this 
 subsection for such waters is determined by the 
 Administrator not to be consistent with the applicable 
 requirements of this Act, or
 (B) in any case where the Administrator determines 
 that a revised or new standard is necessary to meet the 
 requirements of this Act.
The Administrator shall promulgate any revised or new standard 
under this paragraph not later than ninety days after he 
publishes such proposed standards, unless prior to such 
promulgation, such State has adopted a revised or new water 
quality standard which the Administrator determines to be in 
accordance with this Act.
 (d)(1)(A) Each State shall identify those waters within its 
boundaries for which the effluent limitations required by 
section 301(b)(1)(A) and section 301(b)(1)(B) are not stringent 
enough to implement any water quality standard applicable to 
such waters. The State shall establish a priority ranking for 
such waters, taking into account the severity of the pollution 
and the uses to be made of such waters.
 (B) Each State shall identify those waters or parts thereof 
within its boundaries for which controls on thermal discharges 
under section 301 are not stringent enough to assure protection 
and propagation of a balanced indigenous population of 
shellfish, fish, and wildlife.
 (C) Each State shall establish for the waters identified in 
paragraph (1)(A) of this subsection, and in accordance with the 
priority ranking, the total maximum daily load, for those 
pollutants which the Administrator identifies under section 
304(a)(2) as suitable for such calculation. Such load shall be 
established at a level necessary to implement the applicable 
water quality standards with seasonal variations and a margin 
of safety which takes into account any lack of knowledge 
concerning the relationship between effluent limitations and 
water quality.
 (D) Each State shall estimate for the waters identified in 
paragraph (1)(B) of this subsection the total maximum daily 
thermal load required to assure protection and propagation of a 
balanced, indigenous population of shellfish, fish and 
wildlife. Such estimates shall take into account the normal 
water temperatures, flow rates, seasonal variations, existing 
sources of heat input, and the dissipative capacity of the 
identified waters or parts thereof. Such estimates shall 
include a calculation of the maximum heat input that can be 
made into each such part and shall include a margin of safety 
which takes into account any lack of knowledge concerning the 
development of thermal water quality criteria for such 
protection and propagation in the identified waters or parts 
thereof.
 (2) Each State shall submit to the Administrator from time to 
time, with the first such submission not later than one hundred 
and eighty days after the date of publication of the first 
identification of pollutants under section 304(a)(2)(D), for 
his approval the waters identified and the loads established 
under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this 
subsection. The Administrator shall either approve or 
disapprove such identification and load not later than thirty 
days after the date of submission. If the Administrator 
approves such identification and load, such State shall 
incorporate them into its current plan under subsection (e) of 
this section. If the Administrator disapproves such 
identification and load, he shall not later than thirty days 
after the date of such disapproval identify such waters in such 
State and establish such loads for such waters as he determines 
necessary to implement the water quality standards applicable 
to such waters and upon such identification and establishment 
the State shall incorporate them into its current plan under 
subsection (e) of this section.
 (3) For the specific purpose of developing information, each 
State shall identify all waters within its boundaries which it 
has not identified under paragraph (1)(A) and (1)(B) of this 
subsection and estimate for such waters the total maximum daily 
load with seasonal variations and margins of safety, for those 
pollutants which the Administrator identifies under section 
304(a)(2) as suitable for such calculation and for thermal 
discharges, at a level that would assure protection and 
propagation of a balanced indigenous population of fish, 
shellfish and wildlife.
 (4) Limitations on revision of certain effluent 
 limitations.--
 (A) Standard not attained.--For waters 
 identified under paragraph (1)(A) where the 
 applicable water quality standard has not yet 
 been attained, any effluent limitation based on 
 a total maximum daily load or other waste load 
 allocation established under this section may 
 be revised only if (i) the cumulative effect of 
 all such revised effluent limitations based on 
 such total maximum daily load or waste load 
 allocation will assure the attainment of such 
 water quality standard, or (ii) the designated 
 use which is not being attained is removed in 
 accordance with regulations established under 
 this section.
 (B) Standard attained.--For waters identified 
 under paragraph (1)(A) where the quality of 
 such waters equals or exceeds levels necessary 
 to protect the designated use for such waters 
 or otherwise required by applicable water 
 quality standards, any effluent limitation 
 based on a total maximum daily load or other 
 waste load allocation established under this 
 section, or any water quality standard 
 established under this section, or any other 
 permitting standard may be revised only if such 
 revision is subject to and consistent with the 
 antidegradation policy established under this 
 section.
 (e)(1) Each State shall have a continuing planning process 
approved under paragraph (2) of this subsection which is 
consistent with this Act.
 (2) Each State shall submit not later than 120 days after the 
date of the enactment of the Water Pollution Control Amendments 
of 1972 to the Administrator for his approval a proposed 
continuing planning process which is consistent with this Act. 
Not later than thirty days after the date of submission of such 
a process the Administrator shall either approve or disapprove 
such process. The Administrator shall from time to time review 
each State's approved planning process for the purpose of 
insuring that such planning process is at all times consistent 
with this Act. The Administrator shall not approve any State 
permit program under title IV of this Act for any State which 
does not have an approved continuing planning process under 
this section.
 (3) The Administrator shall approve any continuing planning 
process submitted to him under this section which will result 
in plans for all navigable waters within such State, which 
include, but are not limited to, the following:
 (A) effluent limitations and schedules of compliance 
 at least as stringent as those required by section 
 301(b)(1), section 301(b)(2), section 306, and section 
 307, and at least as stringent as any requirements 
 contained in any applicable water quality standard in 
 effect under authority of this section;
 (B) the incorporation of all elements of any 
 applicable areawide waste management plans under 
 section 208, and applicable basin plans under section 
 209 of this Act;
 (C) total maximum daily load for pollutants in 
 accordance with subsection (d) of this section;
 (D) procedures for revision;
 (E) adequate authority for intergovernmental 
 cooperation;
 (F) adequate implementation, including schedules of 
 compliance, for revised or new water quality standards, 
 under subsection (c) of this section;
 (G) controls over the disposition of all residual 
 waste from any water treatment processing;
 (H) an inventory and ranking, in order of priority, 
 of needs for construction of waste treatment works 
 required to meet the applicable requirements of 
 sections 301 and 302.
 (f) Nothing in this section shall be construed to affect any 
effluent limitation, or schedule of compliance required by any 
State to be implemented prior to the dates set forth in 
sections 301(b)(1) and 301(b)(2) nor to preclude any State from 
requiring compliance with any effluent limitation or schedule 
of compliance at dates earlier than such dates.
 (g) Water quality standards relating to heat shall be 
consistent with the requirements of section 316 of this Act.
 (h) For the purposes of this Act the term ``water quality 
standards'' includes thermal water quality standards.
 (i) Coastal Recreation Water Quality Criteria.--
 (1) Adoption by states.--
 (A) Initial criteria and standards.--Not 
 later than 42 months after the date of the 
 enactment of this subsection, each State having 
 coastal recreation waters shall adopt and 
 submit to the Administrator water quality 
 criteria and standards for the coastal 
 recreation waters of the State for those 
 pathogens and pathogen indicators for which the 
 Administrator has published criteria under 
 section 304(a).
 (B) New or revised criteria and standards.--
 Not later than 36 months after the date of 
 publication by the Administrator of new or 
 revised water quality criteria under section 
 304(a)(9), each State having coastal recreation 
 waters shall adopt and submit to the 
 Administrator new or revised water quality 
 standards for the coastal recreation waters of 
 the State for all pathogens and pathogen 
 indicators to which the new or revised water 
 quality criteria are applicable.
 (2) Failure of states to adopt.--
 (A) In general.--If a State fails to adopt 
 water quality criteria and standards in 
 accordance with paragraph (1)(A) that are as 
 protective of human health as the criteria for 
 pathogens and pathogen indicators for coastal 
 recreation waters published by the 
 Administrator, the Administrator shall promptly 
 propose regulations for the State setting forth 
 revised or new water quality standards for 
 pathogens and pathogen indicators described in 
 paragraph (1)(A) for coastal recreation waters 
 of the State.
 (B) Exception.--If the Administrator proposes 
 regulations for a State described in 
 subparagraph (A) under subsection (c)(4)(B), 
 the Administrator shall publish any revised or 
 new standard under this subsection not later 
 than 42 months after the date of the enactment 
 of this subsection.
 (3) Applicability.--Except as expressly provided by 
 this subsection, the requirements and procedures of 
 subsection (c) apply to this subsection, including the 
 requirement in subsection (c)(2)(A) that the criteria 
 protect public health and welfare.

 information and guidelines

 Sec. 304. (a)(1) The Administrator, after consultation with 
appropriate Federal and State agencies and other interested 
persons, shall develop and publish, within one year after the 
date of enactment of this title (and from time to time 
thereafter revise) criteria for water quality accurately 
reflecting the latest scientific knowledge (A) on the kind and 
extent of all identifiable effects on health and welfare 
including, but not limited to, plankton, fish, shellfish, 
wildlife, plant life, shorelines, beaches, esthetics, and 
recreation which may be expected from the presence of 
pollutants in any body of water, including ground water; (B) on 
the concentration and dispersal of pollutants, or their 
byproducts, through biological, physical, and chemical 
processes; and (C) on the effects of pollutants on biological 
community diversity, productivity, and stability, including 
information on the factors affecting rates of eutrophication 
and rates of organic and inorganic sedimentation for varying 
types of receiving waters.
 (2) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
develop and publish, within one year after the date of 
enactment of this title (and from time to time thereafter 
revise) information (A) on the factors necessary to restore and 
maintain the chemical, physical, and biological integrity of 
all navigable waters, ground waters, waters of the contiguous 
zone, and the oceans; (B) on the factors necessary for the 
protection and propagation of shellfish, fish, and wildlife for 
classes and categories of receiving waters and to allow 
recreational activities in and on the water; and (C) on the 
measurement and classification of water quality; and (D) for 
the purpose of section 303, on and the identification of 
pollutants suitable for maximum daily load measurement 
correlated with the achievement of water quality objectives.
 (3) Such criteria and information and revisions thereof shall 
be issued to the States and shall be published in the Federal 
Register and otherwise made available to the public.
 (4) The Administrator shall, within 90 days after the date of 
enactment of the Clean Water Act of 1977 and from time to time 
thereafter, publish and revise as appropriate information 
identifying conventional pollutants, including but not limited 
to, pollutants classified as biological oxygen demanding, 
suspended solids, fecal coliform, and pH. The thermal component 
of any discharge shall not be identified as a conventional 
pollutant under this paragraph.
 (5)(A) The Administrator, to the extent practicable before 
consideration of any request under section 301(g) of this Act 
and within six months after the date of enactment of the Clean 
Water Act of 1977, shall develop and publish information on the 
factors necessary for the protection of public water supplies, 
and the protection and propagation of a balanced population of 
shellfish, fish and wildlife, and to allow recreational 
activities, in and on the water.
 (B) The Administrator, to the extent practicable before 
consideration of any application under section 301(h) of this 
Act and within six months after the date of enactment of Clean 
Water Act of 1977, shall develop and publish information on the 
factors necessary for the protection of public water supplies, 
and the protection and propagation of a balanced indigenous 
population of shellfish, fish and wildlife, and to allow 
recreational activities, in and on the water.
 (6) The Administrator shall, within three months after 
enactment of the Clean Water Act of 1977 and annually 
thereafter, for purposes of section 301(h) of this Act publish 
and revise as appropriate information identifying each water 
quality standard in effect under this Act or State law, the 
specific pollutants associated with such water quality 
standard, and the particular waters to which such water quality 
standard applies.
 (7) Guidance to states.--The Administrator, after 
 consultation with appropriate State agencies and on the 
 basis of criteria and information published under 
 paragraphs (1) and (2) of this subsection, shall 
 develop and publish, within 9 months after the date of 
 the enactment of the Water Quality Act of 1987, 
 guidance to the States on performing the identification 
 required by section 304(l)(1) of this Act.
 (8) Information on water quality criteria.--The 
 Administrator, after consultation with appropriate 
 State agencies and within 2 years after the date of the 
 enactment of the Water Quality Act of 1987, shall 
 develop and publish information on methods for 
 establishing and measuring water quality criteria for 
 toxic pollutants on other bases than pollutant-by-
 pollutant criteria, including biological monitoring and 
 assessment methods.
 (9) Revised criteria for coastal recreation waters.--
 (A) In general.--Not later than 5 years after 
 the date of the enactment of this paragraph, 
 after consultation and in cooperation with 
 appropriate Federal, State, tribal, and local 
 officials (including local health officials), 
 the Administrator shall publish new or revised 
 water quality criteria for pathogens and 
 pathogen indicators (including a revised list 
 of testing methods, as appropriate), based on 
 the results of the studies conducted under 
 section 104(v), for the purpose of protecting 
 human health in coastal recreation waters.
 (B) Reviews.--Not later than the date that is 
 5 years after the date of publication of water 
 quality criteria under this paragraph, and at 
 least once every 5 years thereafter, the 
 Administrator shall review and, as necessary, 
 revise the water quality criteria.
 (10) Consideration of treatment technologies.--In 
 developing or revising water quality criteria under 
 this subsection, the Administrator shall take into 
 consideration the cost and commercial availability in 
 the United States of treatment technologies (including 
 whether the technologies have been demonstrated at an 
 applicable scale) that may be required to be applied to 
 point sources in order to result in compliance with 
 water quality standards adopted or promulgated under 
 section 303.
 (11) Administrative procedure.--After the date of 
 enactment of this paragraph, the Administrator shall 
 issue any new or revised water quality criteria under 
 paragraph (1) or (9) by rule.
 (b) For the purpose of adopting or revising effluent 
limitations under this Act the Administrator shall, after 
consultation with appropriate Federal and State agencies and 
other interested persons, publish within one year of enactment 
of this title, regulations, providing guidelines for effluent 
limitations, and, at least annually thereafter, revise, if 
appropriate, such regulations. Such regulations shall--
 (1)(A) identify, in terms of amounts of constituents 
 and chemical, physical, and biological characteristics 
 of pollutants, the degree of effluent reduction 
 attainable through the application of the best 
 practicable control technology currently available for 
 classes and categories of point sources (other than 
 publicly owned treatment works); and
 (B) specify factors to be taken into account in 
 determining the control measures and practices to be 
 applicable to point sources (other than publicly owned 
 treatment works) within such categories or classes. 
 Factors relating to the assessment of best practical 
 control technology currently available to comply with 
 subsection (b)(1) of section 301 of this Act shall 
 include consideration of the total cost of application 
 of technology in relation to the effluent reduction 
 benefits to be achieved from such application, and 
 shall also take into account the age of equipment and 
 facilities involved, the process employed, the 
 engineering aspects of the application of various types 
 of control techniques, process changes, non-water 
 quality environmental impact (including energy 
 requirements), the commercial availability in the 
 United States of the technology (including whether the 
 technology has been demonstrated at an applicable 
 scale), and such other factors as the Administrator 
 deems appropriate;
 (2)(A) identify, in terms of amounts of constituents 
 and chemical, physical, and biological characteristics 
 of pollutants, the degree of effluent reduction 
 attainable through the application of the best control 
 measures and practices achievable including treatment 
 techniques, process and procedure innovations, 
 operating methods, and other alternatives for classes 
 and categories of point sources (other than publicly 
 owned treatment works); and
 (B) specify factors to be taken into account in 
 determining the best measures and practices available 
 to comply with subsection (b)(2) of section 301 of this 
 Act to be applicable to any point source (other than 
 publicly owned treatment works) within such categories 
 or classes. Factors relating to the assessment of best 
 available technology shall take into account the age of 
 equipment and facilities involved, the process 
 employed, the engineering aspects of the application of 
 various types of control techniques, process changes, 
 the cost of achieving such effluent reduction, non-
 water quality environmental impact (including energy 
 requirements), the commercial availability in the 
 United States of the technology (including whether the 
 technology has been demonstrated at an applicable 
 scale), and such other factors as the Administrator 
 deems appropriate;
 (3) identify control measures and practices available 
 to eliminate the discharge of pollutants from 
 categories and classes of point sources, taking into 
 account the cost of achieving such elimination of the 
 discharge of pollutants; and
 (4)(A) identify, in terms of amounts of constituents 
 and chemical, physical, and biological characteristics 
 of pollutants, the degree of effluent reduction 
 attainable through the application of the best 
 conventional pollutant control technology (including 
 measures and practices) for classes and categories of 
 point sources (other than publicly owned treatment 
 works); and
 (B) specify factors to be taken into account in 
 determining the best conventional pollutant control 
 technology measures and practices to comply with 
 section 301(b)(2)(E) of this Act to be applicable to 
 any point source (other than publicly owned treatment 
 works) within such categories or classes. Factors 
 relating to the assessment of best conventional 
 pollutant control technology (including measures and 
 practices) shall include consideration of the 
 reasonableness of the relationship between the costs of 
 attaining a reduction in effluents and the effluent 
 reduction benefits derived, and the comparison of the 
 cost and level of reduction of such pollutants from the 
 discharge from publicly owned treatment works to the 
 cost and level of reduction of such pollutants from a 
 class or category of industrial sources, and shall take 
 into account the age of equipment and facilities 
 involved, the process employed, the engineering aspects 
 of the application of various types of control 
 techniques, process changes, non-water quality 
 environmental impact (including energy requirements), 
 the commercial availability in the United States of the 
 technology (including whether the technology has been 
 demonstrated at an applicable scale), and such other 
 factors as the Administrator deems appropriate.
 (c) The Administrator, after consultation, with appropriate 
Federal and State agencies and other interested persons, shall 
issue to the States and appropriate water pollution control 
agencies within 270 days after enactment of this title (and 
from time to time thereafter) information on the processes, 
procedures, or operating methods which result in the 
elimination or reduction of the discharge of pollutants to 
implement standards of performance under section 306 of this 
Act. Such information shall include technical and other data, 
including costs, as are available on alternative methods of 
elimination or reduction of the discharge of pollutants. Such 
information, and revisions thereof, shall be published in the 
Federal Register and otherwise shall be made available to the 
public.
 (d)(1) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
publish within sixty days after enactment of this title (and 
from time to time thereafter) information, in terms of amounts 
of constituents and chemical, physical, and biological 
characteristics of pollutants, on the degree of effluent 
reduction attainable through the application of secondary 
treatment.
 (2) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
publish within nine months after the date of enactment of this 
title (and from time to time thereafter) information on 
alternative waste treatment management techniques and systems 
available to implement section 201 of this Act.
 (3) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
promulgate within one hundred and eighty days after the date of 
enactment of this subsection guidelines for identifying and 
evaluating innovative and alternative wastewater treatment 
processes and techniques referred to in section 201(g)(5) of 
this Act.
 (4) For the purposes of this subsection, such biological 
treatment facilities as oxidation ponds, lagoons, and ditches 
and trickling filters shall be deemed the equivalent of 
secondary treatment. The Administrator shall provide guidance 
under paragraph (1) of this subsection on design criteria for 
such facilities, taking into account pollutant removal 
efficiencies and, consistent with the objective of the Act, 
assuring that water quality will not be adversely affected by 
deeming such facilities as the equivalent of secondary 
treatment.
 (e) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, may 
publish regulations, supplemental to any effluent limitations 
specified under subsections (b) and (c) of this section for a 
class or category of point sources, for any specific pollutant 
which the Administrator is charged with a duty to regulate as a 
toxic or hazardous pollutant under section 307(a)(1) or 311 of 
this Act, to control plant site runoff, spillage or leaks, 
sludge or waste disposal, and drainage from raw material 
storage which the Administrator determines are associated with 
or ancillary to the industrial manufacturing or treatment 
process within such class or category of point sources and may 
contribute significant amounts of such pollutants, to navigable 
waters. Any applicable controls established under this 
subsection shall be included as a requirement for the purposes 
of section 301, 302, 306, 307, or 403, as the case may be, in 
any permit issued to a point source pursuant to section 402 of 
this Act.
 (f) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
issue to appropriate Federal agencies, the States, water 
pollution control agencies, and agencies designated under 
section 208 of this Act, within one year after the effective 
date of this subsection (and from time to time thereafter) 
information including (1) guidelines for identifying and 
evaluating the nature and extent of nonpoint sources of 
pollutants, and (2) processes, procedures, and methods to 
control pollution resulting from--
 
 (A) agricultural and silvicultural activities, 
 including runoff from fields and crop and forest lands;
 (B) mining activities, including runoff and siltation 
 from new, currently operating, and abandoned surface 
 and underground mines;
 (C) all construction activity, including runoff from 
 the facilities resulting from such construction;
 (D) the disposal of pollutants in wells or in 
 subsurface excavations;
 (E) salt water intrusion resulting from reductions of 
 fresh water flow from any cause, including extraction 
 of ground water, irrigation, obstruction, and 
 diversion; and
 (F) changes in the movement, flow, or circulation of 
 any navigable waters or ground waters, including 
 changes caused by the construction of dams, levees, 
 channels, causeways, or flow diversion facilities.
Such information and revisions thereof shall be published in 
the Federal Register and otherwise made available to the 
public.
 (g)(1) For the purpose of assisting States in carrying out 
programs under section 402 of this Act, the Administrator shall 
publish, within one hundred and twenty days after the date of 
enactment of this title, and review at least annually 
thereafter and, if appropriate, revise guidelines for 
pretreatment of pollutants which he determines are not 
susceptible to treatment by publicly owned treatment works. 
Guidelines under this subsection shall be established to 
control and prevent the discharge into the navigable waters, 
the contiguous zone, or the ocean (either directly or through 
publicly owned treatment works) of any pollutant which 
interferes with, passes through, or otherwise is incompatible 
with such works.
 (2) When publishing guidelines under this subsection, the 
Administrator shall designate the category or categories of 
treatment works to which the guidelines shall apply.
 (h) The Administrator shall, within one hundred and eighty 
days from the date of enactment of this title, promulgate 
guidelines establishing test procedures for the analysis of 
pollutants that shall include the factors which must be 
provided in any certification pursuant to section 401 of this 
Act or permit application pursuant to section 402 of this Act.
 (i) The Administrator shall (1) within sixty days after the 
enactment of this title promulgate guidelines for the purpose 
of establishing uniform application forms and other minimum 
requirements for the acquisition of information from owners and 
operators of point-sources of discharge subject to any State 
program under section 402 of this Act, and (2) within sixty 
days from the date of enactment of this title promulgate 
guidelines establishing the minimum procedural and other 
elements of any State program under section 402 of this Act 
which shall include:
 
 (A) monitoring requirements;
 (B) reporting requirements (including procedures to 
 make information available to the public);
 (C) enforcement provisions; and
 (D) funding, personnel qualifications, and manpower 
 requirements (including a requirement that no board or 
 body which approves permit applications or portions 
 thereof shall include, as a member, any person who 
 receives, or has during the previous two years 
 received, a significant portion of his income directly 
 or indirectly from permit holders or applicants for a 
 permit).
 (j) Lake Restoration Guidance Manual.--The Administrator 
shall, within 1 year after the date of the enactment of the 
Water Quality Act of 1987 and biennially thereafter, publish 
and disseminate a lake restoration guidance manual describing 
methods, procedures, and processes to guide State and local 
efforts to improve, restore, and enhance water quality in the 
Nation's publicly owned lakes.
 (k)(1) The Administrator shall enter into agreements with the 
Secretary of Agriculture, the Secretary of the Army, and the 
Secretary of the Interior, and the heads of such other 
departments, agencies, and instrumentalities of the United 
States as the Administrator determines, to provide for the 
maximum utilization of other Federal laws and programs for the 
purpose of achieving and maintaining water quality through 
appropriate implementation of plans approved under section 208 
of this Act and nonpoint source pollution management programs 
approved under section 319 of this Act.
 (2) The Administrator is authorized to transfer to the 
Secretary of Agriculture, the Secretary of the Army, and the 
Secretary of the Interior and the heads of such other 
departments, agencies, and instrumentalities of the United 
States as the Administrator determines, any funds appropriated 
under paragraph (3) of this subsection to supplement funds 
otherwise appropriated to programs authorized pursuant to any 
agreement under paragraph (1).
 (3) There is authorized to be appropriated to carry out the 
provisions of this subsection, $100,000,000 per fiscal year for 
the fiscal years 1979 through 1983 and such sums as may be 
necessary for fiscal years 1984 through 1990.
 (l) Individual Control Strategies for Toxic Pollutants.--
 (1) State list of navigable waters and development of 
 strategies.--Not later than 2 years after the date of 
 the enactment of this subsection, each State shall 
 submit to the Administrator for review, approval, and 
 implementation under this subsection--
 (A) a list of those waters within the State 
 which after the application of effluent 
 limitations required under section 301(b)(2) of 
 this Act cannot reasonably be anticipated to 
 attain or maintain (i) water quality standards 
 for such waters reviewed, revised, or adopted 
 in accordance with section 303(c)(2)(B) of this 
 Act, due to toxic pollutants, or (ii) that 
 water quality which shall assure protection of 
 public health, public water supplies, 
 agricultural and industrial uses, and the 
 protection and propagation of a balanced 
 population of shellfish, fish and wildlife, and 
 allow recreational activities in and on the 
 water;
 (B) a list of all navigable waters in such 
 State for which the State does not expect the 
 applicable standard under section 303 of this 
 Act will be achieved after the requirements of 
 sections 301(b), 306, and 307(b) are met, due 
 entirely or substantially to discharges from 
 point sources of any toxic pollutants listed 
 pursuant to section 307(a);
 (C) for each segment of the navigable waters 
 included on such lists, a determination of the 
 specific point sources discharging any such 
 toxic pollutant which is believed to be 
 preventing or impairing such water quality and 
 the amount of each toxic pollutant discharged 
 by each such source; and
 (D) for each such segment, an individual 
 control strategy which the State determines 
 will produce a reduction in the discharge of 
 toxic pollutants from point sources identified 
 by the State under this paragraph through the 
 establishment of effluent limitations under 
 section 402 of this Act and water quality 
 standards under section 303(c)(2)(B) of this 
 Act, which reduction is sufficient, in 
 combination with existing controls on point and 
 nonpoint sources of pollution, to achieve the 
 applicable water quality standard as soon as 
 possible, but not later than 3 years after the 
 date of the establishment of such strategy.
 (2) Approval or disapproval.--Not later than 120 days 
 after the last day of the 2-year period referred to in 
 paragraph (1), the Administrator shall approve or 
 disapprove the control strategies submitted under 
 paragraph (1) by any State.
 (3) Administrator's action.--If a State fails to 
 submit control strategies in accordance with paragraph 
 (1) or the Administrator does not approve the control 
 strategies submitted by such State in accordance with 
 paragraph (1), then, not later than 1 year after the 
 last day of the period referred to in paragraph (2), 
 the Administrator, in cooperation with such State and 
 after notice and opportunity for public comment, shall 
 implement the requirements of paragraph (1) in such 
 State. In the implementation of such requirements, the 
 Administrator shall, at a minimum, consider for listing 
 under this subsection any navigable waters for which 
 any person submits a petition to the Administrator for 
 listing not later than 120 days after such last day.
 (m) Schedule for Review of Guidelines.--
 (1) Publication.--Within 12 months after the date of 
 the enactment of the Water Quality Act of 1987, and 
 biennially thereafter, the Administrator shall publish 
 in the Federal Register a plan which shall--
 (A) establish a schedule for the annual 
 review and revision of promulgated effluent 
 guidelines, in accordance with subsection (b) 
 of this section;
 (B) identify categories of sources 
 discharging toxic or nonconventional pollutants 
 for which guidelines under subsection (b)(2) of 
 this section and section 306 have not 
 previously been published; and
 (C) establish a schedule for promulgation of 
 effluent guidelines for categories identified 
 in subparagraph (B), under which promulgation 
 of such guidelines shall be no later than 4 
 years after such date of enactment for 
 categories identified in the first published 
 plan or 3 years after the publication of the 
 plan for categories identified in later 
 published plans.
 (2) Public review.--The Administrator shall provide 
 for public review and comment on the plan prior to 
 final publication.

 * * * * * * *

 TITLE IV--PERMITS AND LICENSES

 certification

 Sec. 401. (a)(1) Any applicant for a Federal license or 
permit to conduct any activity including, but not limited to, 
the construction or operation of facilities, which [may result] 
may directly result in any discharge into the navigable waters, 
shall provide the licensing or permitting agency a 
certification from the State in which the discharge originates 
or will originate, or, if appropriate, from the interstate 
water pollution control agency having jurisdiction over the 
navigable waters at the point where the discharge originates or 
will originate, that any such discharge will comply with the 
applicable provisions of sections 301, 302, 303, 306, and 307 
of this Act. In the case of any such [activity] discharge for 
which there is not an applicable effluent limitation or other 
limitation under sections 301(b) and 302, and there is not an 
applicable standard under sections 306 and 307, the State shall 
so certify, except that any such certification shall not be 
deemed to satisfy section 511(c) of this Act. Such State or 
interstate agency shall establish procedures for public notice 
in the case of all [applications] requests for certification by 
it and, to the extent it deems appropriate, procedures for 
public hearings in connection with specific [applications] 
requests. In any case where a State or interstate agency has no 
authority to give such a certification, such certification 
shall be from the Administrator. Not later than 30 days after 
the date of enactment of the PERMIT Act, each State and 
interstate agency that has authority to give such a 
certification, and the Administrator, shall publish 
requirements for certification to demonstrate to such State, 
such interstate agency, or the Administrator, as the case may 
be, compliance with the applicable provisions of sections 301, 
302, 303, 306, and 307. A decision to grant or deny a request 
for certification shall be based only on compliance with the 
applicable provisions of sections 301, 302, 303, 306, and 307, 
and the grounds for the decision shall be set forth in writing 
and provided to the applicant. Not later than 90 days after 
receipt of a request for certification, the State, interstate 
agency, or Administrator, as the case may be, shall identify in 
writing all specific additional materials or information 
necessary for the request for certification to be complete, as 
described in subsection (g). The State, interstate agency, or 
the Administrator, as the case may be, may grant a request for 
certification with or without conditions, deny a request for 
certification, or waive the requirement for certification under 
this subsection with respect to such Federal application. If 
the State, interstate agency, or Administrator, as the case may 
be, fails or refuses to [act on a request for certification, 
within a reasonable period of time (which shall not exceed one 
year) after receipt of such request, the certification 
requirements of this subsection] grant the request for 
certification with or without conditions, deny the request for 
certification, or waive the requirement for certification under 
this subsection with respect to such Federal application, 
within a reasonable period of time to be determined by the 
licensing or permitting agency (which shall not exceed one 
year) after receipt of such request, the requirement for 
certification under this subsection shall be waived with 
respect to such Federal application. No license or permit shall 
be granted until the certification required by this section has 
been obtained or has been [waived as provided in the preceding 
sentence] waived under this paragraph. No license or permit 
shall be granted if certification has been denied by the State, 
interstate agency, or the Administrator, as the case may be.
 (2) [Upon receipt of such application and certification the 
licensing or permitting agency shall immediately notify the 
Administrator of such application and certification.] On 
receipt of a request for certification, the certifying State or 
interstate agency, as applicable, shall immediately notify the 
Administrator of the request. Whenever such a discharge may 
affect, as determined by the Administrator, the quality of the 
waters of any other State, the Administrator within thirty days 
of the date of [notice of application for such Federal license 
or permit] receipt of a notice under the preceding sentence 
shall so notify such other State, the licensing or permitting 
agency, and the applicant. If the Administrator determines 
under the preceding sentence that such a discharge will not 
affect the waters of any other State, no such notification is 
required. If, within sixty days after receipt of such 
notification, such other State determines that such discharge 
will affect the quality of its waters so as to violate [any 
water quality requirement in such State] any water quality 
standard in effect for the State under section 303, and within 
such sixty-day period notifies the Administrator and the 
licensing or permitting agency in writing of its objection to 
the issuance of such license or permit and requests a public 
hearing on such objection, the licensing or permitting agency 
shall hold such a hearing at a time that is agreed to by such 
State and the applicant. The Administrator shall at such 
hearing submit his evaluation and recommendations with respect 
to any such objection to the licensing or permitting agency. 
Such agency, based upon the recommendations of such State, the 
Administrator, and upon any additional evidence, if any, 
presented to the agency at the hearing, shall condition such 
license or permit in such manner as may be necessary to [insure 
compliance with applicable water quality requirements.] ensure 
compliance with the applicable provisions of sections 301, 302, 
303, 306, and 307. If the imposition of conditions cannot 
[insure] ensure such compliance such agency shall not issue 
such license or permit.
 (3) The certification obtained pursuant to paragraph (1) of 
this subsection with respect to the construction of any 
facility shall fulfill the requirements of this subsection with 
respect to certification in connection with any other Federal 
license or permit required for the operation of such facility 
unless, after notice to the certifying State, agency, or 
Administrator, as the case may be, which shall be given by the 
Federal agency to whom application is made for such operating 
license or permit, the State, or if appropriate, the interstate 
agency or the Administrator, notifies such agency within sixty 
days after receipt of such notice that there is no longer 
reasonable assurance that [there will be compliance] any such 
discharge will comply with the applicable provisions of 
sections 301, 302, 303, 306, and 307 of this Act because of 
changes since the construction license or permit certification 
was issued in (A) the construction or operation of the 
facility, (B) the characteristics of the waters into which such 
discharge is made, (C) the water quality criteria applicable to 
such waters or (D) applicable effluent limitations or other 
requirements. This paragraph shall be inapplicable in any case 
where the applicant for such operating license or permit has 
failed to provide the certifying State, or, if appropriate, the 
interstate agency or the Administrator, with notice of any 
proposed changes in the construction or operation of the 
facility with respect to which a construction license or permit 
has been granted, which changes may result in violation of 
[section] any applicable provision of section 301, 302, 303, 
306, or 307 of this Act.
 (4) Prior to the initial operation of any federally licensed 
or permitted facility or activity which may directly result in 
any discharge into the navigable waters and with respect to 
which a certification has been obtained pursuant to paragraph 
(1) of this subsection, which facility or activity is not 
subject to a Federal operating license or permit, the licensee 
or permittee shall provide an opportunity for such certifying 
State, or, if appropriate, the interstate agency or the 
Administrator to review the manner in which the facility or 
activity shall be operated or conducted for the purposes of 
assuring that [applicable effluent limitations or other 
limitations or other applicable water quality requirements will 
not be violated] no applicable provision of section 301, 302, 
303, 306, or 307 will be violated. Upon notification by the 
certifying State, or if appropriate, the interstate agency or 
the Administrator that the operation of any such federally 
licensed or permitted facility or activity [will violate 
applicable effluent limitations or other limitations or other 
water quality requirements] will directly result in a discharge 
that violates an applicable provision of section 301, 302, 303, 
306, or 307, such Federal agency may, after public hearing, 
suspend such license or permit. If such license or permit is 
suspended, it shall remain suspended until notification is 
received from the certifying State, agency, or Administrator, 
as the case may be, that there is reasonable assurance that 
[such facility or activity will not violate the applicable 
provisions] operation of such facility or activity will not 
directly result in a discharge that violates any applicable 
provision of section 301, 302, 303, 306, or 307 of this Act.
 (5) Any Federal license or permit with respect to which a 
certification has been obtained under paragraph (1) of this 
subsection may be suspended or revoked by the Federal agency 
issuing such license or permit upon the entering of a judgment 
under this Act that such facility or activity has been operated 
in violation of [the applicable provisions] any applicable 
provision of section 301, 302, 303, 306, or 307 of this Act.
 (6) Except with respect to a permit issued under section 402 
of this Act, in any case where actual construction of a 
facility has been lawfully commenced prior to April 3, 1970, no 
certification shall be required under this subsection for a 
license or permit issued after April 3, 1970, to operate such 
facility, except that any such license or permit issued without 
certification shall terminate April 3, 1973, unless prior to 
such termination date the person having such license or permit 
submits to the Federal agency which issued such license or 
permit a certification and otherwise meets the requirements of 
this section.
 (b) [Nothing in this section] Except as provided in 
subsection (e), nothing in this section shall be construed to 
limit the authority of any department or agency pursuant to any 
other provision of law to require compliance with any 
applicable water quality requirements. The Administrator shall, 
upon the request of any Federal department or agency, or State 
or interstate agency, or applicant, provide, for the purpose of 
this section, any relevant information on applicable effluent 
limitations, or other limitations, standards, regulations, or 
requirements, or water quality criteria, and shall, when 
requested by any such department or agency or State or 
interstate agency, or applicant, comment on any methods to 
comply with such limitations, standards, regulations, 
requirements, or criteria.
 (c) In order to implement the provisions of this section, the 
Secretary of the Army, acting through the Chief of Engineers, 
is authorized, if he deems it to be in the public interest, to 
permit the use of spoil disposal areas under his jurisdiction 
by Federal licensees or permittees, and to make an appropriate 
charge for such use. Moneys received from such licensees or 
permittees shall be deposited in the Treasury as miscellaneous 
receipts.
 (d) Any certification provided under this section shall set 
forth any effluent limitations and other limitations, and 
monitoring requirements necessary to assure that any [applicant 
for a Federal license or permit will comply with any applicable 
effluent limitations and other limitations, under section 301 
or 302 of this Act, standard of performance under section 306 
of this Act, or prohibition, effluent standard, or pretreatment 
standard under section 307 of this Act, and with any other 
appropriate requirement of State law set forth in such 
certification, and shall become a condition on any Federal 
license or permit subject to the provisions of this section] 
discharge subject to this section will comply with the 
applicable provisions of sections 301, 302, 303, 306, and 307, 
and any such limitations or requirements shall be imposed by 
the licensing or permitting agency as a condition on any 
Federal license or permit subject to the provisions of this 
section.
 (e) Notwithstanding section 505, any condition imposed on a 
Federal license or permit by a licensing or permitting agency 
under this section may be enforced only by such licensing or 
permitting agency.
 (f) For purposes of this section, the applicable provisions 
of sections 301, 302, 303, 306, and 307 are any applicable 
effluent limitations and other limitations under section 301 or 
302, any water quality standard in effect for a State under 
section 303, any standard of performance under section 306, and 
any prohibition, effluent standard, or pretreatment standard 
under section 307.
 (g) A request for certification under this section shall be 
made in writing to the State, interstate agency, or 
Administrator, as the case may be. A complete request for 
certification shall consist of the following:
 (1) Identification of each applicant for the Federal 
 license or permit with respect to which the 
 certification is requested.
 (2) A statement that information included in the 
 request for certification is truthful, accurate, and 
 complete, to the best knowledge of each such applicant.
 (3) In the case of a request for certification with 
 respect to an individual permit or license--
 (A) identification of the Federal license or 
 permit that is the subject of the application 
 with respect to which the certification is 
 requested;
 (B) identification of any activity the 
 conduct of which is subject to such Federal 
 license or permit;
 (C) identification of the location and nature 
 of any discharge that may directly result from 
 such activity, and the location of the 
 receiving waters;
 (D) a description of means that may be used 
 to monitor, control, or manage any such 
 discharge; and
 (E) a list of all other Federal, interstate, 
 Tribal, State, or local agency authorizations 
 required for the conduct of such activity, and 
 any approval or denial of such an authorization 
 already received.
 (4) In the case of a request for certification with 
 respect to the issuance of a general license or general 
 permit--
 (A) identification of the proposed categories 
 of activities to be covered by the general 
 license or general permit for which 
 certification is requested;
 (B) a description of the proposed general 
 license or general permit, which may include a 
 draft of the proposed general license or 
 permit; and
 (C) an estimate of the number of discharges 
 expected to result from the proposed general 
 license or general permit annually.

 national pollutant discharge elimination system

 Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.
 (2) The Administrator shall prescribe conditions for such 
permits to assure compliance with the requirements of paragraph 
(1) of this subsection, including conditions on data and 
information collection, reporting, and such other requirements 
as he deems appropriate.
 (3) The permit program of the Administrator under paragraph 
(1) of this subsection, and permits issued thereunder, shall be 
subject to the same terms, conditions, and requirements as 
apply to a State permit program and permits issued thereunder 
under subsection (b) of this section.
 (4) All permits for discharges into the navigable waters 
issued pursuant to section 13 of the Act of March 3, 1899, 
shall be deemed to be permits issued under this title, and 
permits issued under this title shall be deemed to be permits 
issued under section 13 of the Act of March 3, 1899, and shall 
continue in force and effect for their term unless revoked, 
modified, or suspended in accordance with the provisions of 
this Act.
 (5) No permit for a discharge into the navigable waters shall 
be issued under section 13 of the Act of March 3, 1899, after 
the date of enactment of this title. Each application for a 
permit under section 13 of the Act of March 3, 1899, pending on 
the date of enactment of this Act shall be deemed to be an 
application for a permit under this section. The Administrator 
shall authorize a State, which he determines has the capability 
of administering a permit program which will carry out the 
objective of this Act, to issue permits for discharges into the 
navigable waters within the jurisdiction of such State. The 
Administrator may exercise the authority granted him by the 
preceding sentence only during the period which begins on the 
date of enactment of this Act and ends either on the ninetieth 
day after the date of the first promulgation of guidelines 
required by section 304(i)(2) of this Act, or the date of 
approval by the Administrator of a permit program for such 
State under subsection (b) of this section, whichever date 
first occurs, and no such authorization to a State shall extend 
beyond the last day of such period. Each such permit shall be 
subject to such conditions as the Administrator determines are 
necessary to carry out the provisions of this Act. No such 
permit shall issue if the Administrator objects to such 
issuance.
 (6) General permits.--
 (A) Permits authorized.--The Administrator 
 may issue general permits under this section on 
 a State, regional, or nationwide basis, or for 
 a delineated area, for discharges associated 
 with any category of activities, which 
 discharges are of similar types and from 
 similar sources.
 (B) Permit expiration notification 
 requirement.--If a general permit issued under 
 this section will expire and the Administrator 
 decides not to issue a new general permit for 
 discharges similar to those covered by the 
 expiring general permit, the Administrator 
 shall publish in the Federal Register a notice 
 of such decision at least two years prior to 
 the expiration of the general permit.
 (C) Application of permit terms of an expired 
 permit.--
 (i) In general.--If a general permit 
 issued under this section expires and 
 the Administrator has not published a 
 notice in accordance with subparagraph 
 (B), the Administrator shall, until the 
 date described in clause (ii)--
 (I) continue to apply the 
 terms, conditions, and 
 requirements of the expired 
 general permit to any discharge 
 that was covered by the expired 
 general permit; and
 (II) apply such terms, 
 conditions, and requirements to 
 any discharge that would have 
 been covered by the expired 
 general permit (in accordance 
 with any relevant requirements 
 for such coverage) if the 
 discharge had occurred before 
 such expiration.
 (ii) Date described.--The date 
 described in this clause is the earlier 
 of--
 (I) the date on which the 
 Administrator issues a new 
 general permit for discharges 
 similar to those covered by the 
 expired general permit; or
 (II) the date that is two 
 years after the date on which 
 the Administrator publishes in 
 the Federal Register a notice 
 of a decision not to issue a 
 new general permit for 
 discharges similar to those 
 covered by the expired general 
 permit.
 (b) At any time after the promulgation of the guidelines 
required by subsection (i)(2) of section 304 of this Act, the 
Governor of each State desiring to administer its own permit 
program for discharges into navigable waters within its 
jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish 
and administer under State law or under an interstate compact. 
In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State water 
pollution control agencies which have independent legal 
counsel), or from the chief legal officer in the case of an 
interstate agency, that the laws of such State, or the 
interstate compact, as the case may be, provide adequate 
authority to carry out the described program. The Administrator 
shall approve each such submitted program unless he determines 
that adequate authority does not exist:
 (1) To issue permits which--
 (A) apply, and insure compliance with, any applicable 
 requirements of sections 301, 302, 306, 307, and 403;
 (B) are for fixed terms not exceeding [five years] 
 ten years; and
 (C) can be terminated or modified for cause 
 including, but not limited to, the following:
 (i) violation of any condition of the permit;
 (ii) obtaining a permit by misrepresentation, 
 or failure to disclose fully all relevant 
 facts;
 (iii) change in any condition that requires 
 either a temporary or permanent reduction or 
 elimination of the permitted discharge;
 (D) control the disposal of pollutants into wells;
 (2)(A) To issue permits which apply, and insure compliance 
with, all applicable requirements of section 308 of this Act, 
or
 (B) To inspect, monitor, enter, and require reports to at 
least the same extent as required in section 308 of this Act;
 (3) To insure that the public, and any other State the waters 
of which may be affected, receive notice of each application 
for a permit and to provide an opportunity for public hearing 
before a ruling on each such application;
 (4) To insure that the Administrator receives notice of each 
application (including a copy thereof) for a permit;
 (5) To insure that any State (other than the permitting 
State), whose waters may be affected 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 such written recommendations 
are not accepted by the permitting State, that the permitting 
State will notify such affected State (and the Administrator) 
in writing of its failure to so accept such recommendations 
together with its reasons for so doing;
 (6) To insure that no permit will be issued if, in the 
judgment of the Secretary of the Army acting through the Chief 
of Engineers, after consultation with the Secretary of the 
department in which the Coast Guard is operating, anchorage and 
navigation of any of the navigable waters would be 
substantially impaired thereby;
 (7) To abate violations of the permit or the permit program, 
including civil and criminal penalties and other ways and means 
of enforcement;
 (8) To insure that any permit for a discharge 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) of this Act into 
such works and a program to assure compliance with such 
pretreatment standards by each such source, in addition to 
adequate notice to the permitting agency of (A) new 
introductions into such works of pollutants from any source 
which would be a new source as defined in section 306 if such 
source were discharging pollutants, (B) new introductions of 
pollutants into such works from a source which would be subject 
to section 301 if it were discharging such pollutants, or (C) a 
substantial change in volume or character of pollutants being 
introduced into such works by a source introducing pollutants 
into such works at the time of issuance of the permit. Such 
notice shall include information on the quality and quantity of 
effluent to be introduced into such treatment works and any 
anticipated impact of such change in the quantity or quality of 
effluent to be discharged from such publicly owned treatment 
works; and
 (9) To insure that any industrial user of any publicly owned 
treatment works will comply with sections 204(b), 307, and 308.
 (c)(1) Not later than ninety days after the date on which a 
State has submitted a program (or revision thereof) pursuant to 
subsection (b) of this section, the Administrator shall suspend 
the issuance of permits under subsection (a) of this section as 
to those discharges subject to such program unless he 
determines that the State permit program does not meet the 
requirements of subsection (b) of this section or does not 
conform to the guidelines issued under section 304(i)(2) of 
this Act. If the Administrator so determines, he shall notify 
the State of any revisions or modifications necessary to 
conform to such requirements or guidelines.
 (2) Any State permit program under this section shall at all 
times be in accordance with this section and guidelines 
promulgated pursuant to section 304(i)(2) of this Act.
 (3) Whenever the Administrator determines after public 
hearing that a State is not administering a program approved 
under this section in accordance with requirements of this 
section, he shall so notify the State and, if appropriate 
corrective action is not taken within a reasonable time, not to 
exceed ninety days, the Administrator shall withdraw approval 
of such program. The Administrator shall not withdraw approval 
of any such program unless he shall first have notified the 
State, and made public, in writing, the reasons for such 
withdrawal.
 (4) Limitations on partial permit program returns and 
 withdrawals.--A State may return to the Administrator 
 administration, and the Administrator may withdraw 
 under paragraph (3) of this subsection approval, of--
 (A) a State partial permit program approved 
 under subsection (n)(3) only if the entire 
 permit program being administered by the State 
 department or agency at the time is returned or 
 withdrawn; and
 (B) a State partial permit program approved 
 under subsection (n)(4) only if an entire 
 phased component of the permit program being 
 administered by the State at the time is 
 returned or withdrawn.
 (d)(1) Each State shall transmit to the Administrator a copy 
of each permit application received by such State and provide 
notice to the Administrator of every action related to the 
consideration of such permit application, including each permit 
proposed to be issued by such State.
 (2) No permit shall issue (A) if the Administrator within 
ninety days of the date of his notification under subsection 
(b)(5) of this section objects in writing to the issuance of 
such permit, or (B) if the Administrator within ninety days of 
the date of transmittal of the proposed permit by the State 
objects in writing to the issuance of such permit as being 
outside the guidelines and requirements of this Act. Whenever 
the Administrator objects to the issuance of a permit under 
this paragraph such written objection shall contain a statement 
of the reasons for such objection and the effluent limitations 
and conditions which such permit would include if it were 
issued by the Administrator.
 (3) The Administrator may, as to any permit application, 
waive paragraph (2) of this subsection.
 (4) In any case where, after the date of enactment of this 
paragraph, the Administrator, pursuant to paragraph (2) of this 
subsection, objects to the issuance of a permit, on request of 
the State, a public hearing shall be held by the Administrator 
on such objection. If the State does not resubmit such permit 
revised to meet such objection within 30 days after completion 
of the hearing, or, if no hearing is requested within 90 days 
after the date of such objection, the Administrator may issue 
the permit pursuant to subsection (a) of this section for such 
source in accordance with the guidelines and requirements of 
this Act.
 (e) In accordance with guidelines promulgated pursuant to 
subsection (i)(2) of section 304 of this Act, the Administrator 
is authorized to waive the requirements of subsection (d) of 
this section at the time he approves a program pursuant to 
subsection (b) of this section for any category (including any 
class, type, or size within such category) of point sources 
within the State submitting such program.
 (f) The Administrator shall promulgate regulations 
establishing categories of point sources which he determines 
shall not be subject to the requirements of subsection (d) of 
this section in any State with a program approved pursuant to 
subsection (b) of this section. The Administrator may 
distinguish among classes, types, and sizes within any category 
of point sources.
 (g) Any permit issued under this section for the discharge of 
pollutants into the navigable waters from a vessel or other 
floating craft shall be subject to any applicable regulations 
promulgated by the Secretary of the Department in which the 
Coast Guard is operating, establishing specifications for safe 
transportation, handling, carriage, storage, and stowage of 
pollutants.
 (h) In the event any condition of a permit for discharges 
from a treatment works (as defined in section 212 of this Act) 
which is publicly owned is violated, a State with a program 
approved under subsection (b) of this section or the 
Administrator, where no State program is approved or where the 
Administrator determines pursuant to section 309(a) of this Act 
that a State with an approved program has not commenced 
appropriate enforcement action with respect to such permit, may 
proceed in a court of competent jurisdiction to restrict or 
prohibit the introduction of any pollutant into such treatment 
works by a source not utilizing such treatment works prior to 
the finding that such condition was violated.
 (i) Nothing in this section shall be construed to limit the 
authority of the Administrator to take action pursuant to 
section 309 of this Act.
 (j) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such 
permit application or permit, or portion thereof, shall further 
be available on request for the purpose of reproduction.
 [(k) Compliance with] (k) Compliance With Permits._
 (1) In general._Subject to paragraph (2), compliance 
 with a permit issued pursuant to this section shall be 
 deemed compliance, for purposes of sections 309 and 
 505, with sections 301, 302, 306, 307, and 403, except 
 any standard imposed under section 307 for a toxic 
 pollutant injurious to human health. Until December 31, 
 1974, in any case where a permit for discharge has been 
 applied for pursuant to this section, but final 
 administrative disposition of such application has not 
 been made, such discharge shall not be a violation of 
 (1) section 301, 306, or 402 of this Act, or (2) 
 section 13 of the Act of March 3, 1899, unless the 
 Administrator or other plaintiff proves that final 
 administrative disposition of such application has not 
 been made because of the failure of the applicant to 
 furnish information reasonably required or requested in 
 order to process the application. For the 180-day 
 period beginning on the date of enactment of the 
 Federal Water Pollution Control Act Amendments of 1972, 
 in the case of any point source discharging any 
 pollutant or combination of pollutants immediately 
 prior to such date of enactment which source is not 
 subject to section 13 of the Act of March 3, 1899, the 
 discharge by such source shall not be a violation of 
 this Act if such a source applies for a permit for 
 discharge pursuant to this section within such 180-day 
 period.
 (2) Scope.--For purposes of paragraph (1), compliance 
 with the conditions of a permit issued under this 
 section shall be considered compliance with respect to 
 a discharge of--
 (A) any pollutant for which an effluent 
 limitation is included in the permit; and
 (B) any pollutant for which an effluent 
 limitation is not included in the permit that 
 is--
 (i) specifically identified as 
 controlled or monitored through 
 indicator parameters in the permit, the 
 fact sheet for the permit, or the 
 administrative record relating to the 
 permit;
 (ii) specifically identified during 
 the permit application process as 
 present in discharges to which the 
 permit will apply; or
 (iii) whether or not specifically 
 identified in the permit or during the 
 permit application process--
 (I) present in any waste 
 streams or processes of the 
 point source to which the 
 permit applies, which waste 
 streams or processes are 
 specifically identified during 
 the permit application process; 
 or
 (II) otherwise within the 
 scope of any operations of the 
 point source to which the 
 permit applies, which scope of 
 operations is specifically 
 identified during the permit 
 application process.
 (l) Limitation on Permit Requirement.--
 (1) Agricultural return flows.--The Administrator 
 shall not require a permit under this section for 
 discharges composed entirely of return flows from 
 irrigated agriculture, nor shall the Administrator 
 directly or indirectly, require any State to require 
 such a permit.
 (2) Stormwater runoff from oil, gas, and mining 
 operations.--The Administrator shall not require a 
 permit under this section, nor shall the Administrator 
 directly or indirectly require any State to require a 
 permit, for discharges of stormwater runoff from mining 
 operations or oil and gas exploration, production, 
 processing, or treatment operations or transmission 
 facilities, composed entirely of flows which are from 
 conveyances or systems of conveyances (including but 
 not limited to pipes, conduits, ditches, and channels) 
 used for collecting and conveying precipitation runoff 
 and which are not contaminated by contact with, or do 
 not come into contact with, any overburden, raw 
 material, intermediate products, finished product, 
 byproduct, or waste products located on the site of 
 such operations.
 (3) Silvicultural activities.--
 (A) NPDES permit requirements for 
 silvicultural activities.--The Administrator 
 shall not require a permit under this section 
 nor directly or indirectly require any State to 
 require a permit under this section [for a 
 discharge from] for--
 (i) a discharge from runoff 
 resulting from the conduct of the 
 following silviculture activities 
 conducted in accordance with standard 
 industry practice: nursery operations, 
 site preparation, reforestation and 
 subsequent cultural treatment, 
 thinning, prescribed burning, pest and 
 fire control, harvesting operations, 
 surface drainage, or road construction 
 and maintenance[.]; or
 (ii) a discharge resulting from the 
 aerial application of a product used 
 for fire control and suppression 
 purposes that appears on the most 
 current Forest Service Qualified 
 Products List (or any successor list).
 (B) Other requirements.--Nothing in this 
 paragraph exempts a discharge from 
 silvicultural activity from any permitting 
 requirement under section 404, existing 
 permitting requirements under section 402, or 
 from any other federal law.
 (C) The authorization provided in Section 
 505(a) does not apply to any non-permitting 
 program established under 402(p)(6) for the 
 silviculture activities listed in 402(l)(3)(A), 
 or to any other limitations that might be 
 deemed to apply to the silviculture activities 
 listed in 402(l)(3)(A).
 (4) Agricultural stormwater discharge.--
 (A) In general.--The Administrator shall not 
 require a permit, nor directly or indirectly 
 require any State to require a permit, under 
 this section for discharges of stormwater, 
 including from subsurface drainage, from 
 agricultural land that occur in direct response 
 to a precipitation event.
 (B) Agricultural land defined.--In this 
 paragraph, the term ``agricultural land'' 
 includes--
 (i) land on which an agricultural 
 input (such as manure and other crop 
 nutrients, crop protection, or seed) is 
 applied;
 (ii) land on which animals (including 
 fish and shellfish), crops (including 
 fruit and nut trees), crop residue, 
 plants, seed, or vegetation are present 
 for purposes of farming or ranching; 
 and
 (iii) land that is--
 (I) immediately adjacent to, 
 and functionally related to, 
 land described in clause (i) or 
 (ii); and
 (II) necessary to support 
 agricultural production, soil 
 conservation, flood control, or 
 water quality.
 (m) Additional Pretreatment of Conventional Pollutants Not 
Required.--To the extent a treatment works (as defined in 
section 212 of this Act) which is publicly owned is not meeting 
the requirements of a permit issued under this section for such 
treatment works as a result of inadequate design or operation 
of such treatment works, the Administrator, in issuing a permit 
under this section, shall not require pretreatment by a person 
introducing conventional pollutants identified pursuant to a 
section 304(a)(4) of this Act into such treatment works other 
than pretreatment required to assure compliance with 
pretreatment standards under subsection (b)(8) of this section 
and section 307(b)(1) of this Act. Nothing in this subsection 
shall affect the Administrator's authority under sections 307 
and 309 of this Act, affect State and local authority under 
sections 307(b)(4) and 510 of this Act, relieve such treatment 
works of its obligations to meet requirements established under 
this Act, or otherwise preclude such works from pursuing 
whatever feasible options are available to meet its 
responsibility to comply with its permit under this section.
 (n) Partial Permit Program.--
 (1) State submission.--The Governor of a State may 
 submit under subsection (b) of this section a permit 
 program for a portion of the discharges into the 
 navigable waters in such State.
 (2) Minimum coverage.--A partial permit program under 
 this subsection shall cover, at a minimum, 
 administration of a major category of the discharges 
 into the navigable waters of the State or a major 
 component of the permit program required by subsection 
 (b).
 (3) Approval of major category partial permit 
 programs.--The Administrator may approve a partial 
 permit program covering administration of a major 
 category of discharges under this subsection if--
 (A) such program represents a complete permit 
 program and covers all of the discharges under 
 the jurisdiction of a department or agency of 
 the State; and
 (B) the Administrator determines that the 
 partial program represents a significant and 
 identifiable part of the State program required 
 by subsection (b).
 (4) Approval of major component partial permit 
 programs.--The Administrator may approve under this 
 subsection a partial and phased permit program covering 
 administration of a major component (including 
 discharge categories) of a State permit program 
 required by subsection (b) if--
 (A) the Administrator determines that the 
 partial program represents a significant and 
 identifiable part of the State program required 
 by subsection (b); and
 (B) the State submits, and the Administrator 
 approves, a plan for the State to assume 
 administration by phases of the remainder of 
 the State program required by subsection (b) by 
 a specified date not more than 5 years after 
 submission of the partial program under this 
 subsection and agrees to make all reasonable 
 efforts to assume such administration by such 
 date.
 (o) Anti-Backsliding.--
 (1) General prohibition.--In the case of effluent 
 limitations established on the basis of subsection 
 (a)(1)(B) of this section, a permit may not be renewed, 
 reissued, or modified on the basis of effluent 
 guidelines promulgated under section 304(b) subsequent 
 to the original issuance of such permit, to contain 
 effluent limitations which are less stringent than the 
 comparable effluent limitations in the previous permit. 
 In the case of effluent limitations established on the 
 basis of section 301(b)(1)(C) or section 303(d) or (e), 
 a permit may not be renewed, reissued, or modified to 
 contain effluent limitations which are less stringent 
 than the comparable effluent limitations in the 
 previous permit except in compliance with section 
 303(d)(4).
 (2) Exceptions.--A permit with respect to which 
 paragraph (1) applies may be renewed, reissued, or 
 modified to contain a less stringent effluent 
 limitation applicable to a pollutant if--
 (A) material and substantial alterations or 
 additions to the permitted facility occurred 
 after permit issuance which justify the 
 application of a less stringent effluent 
 limitation;
 (B)(i) information is available which was not 
 available at the time of permit issuance (other 
 than revised regulations, guidance, or test 
 methods) and which would have justified the 
 application of a less stringent effluent 
 limitation at the time of permit issuance; or
 (ii) the Administrator determines that 
 technical mistakes or mistaken interpretations 
 of law were made in issuing the permit under 
 subsection (a)(1)(B);
 (C) a less stringent effluent limitation is 
 necessary because of events over which the 
 permittee has no control and for which there is 
 no reasonably available remedy;
 (D) the permittee has received a permit 
 modification under section 301(c), 301(g), 
 301(h), 301(i), 301(k), 301(n), or 316(a); or
 (E) the permittee has installed the treatment 
 facilities required to meet the effluent 
 limitations in the previous permit and has 
 properly operated and maintained the facilities 
 but has nevertheless been unable to achieve the 
 previous effluent limitations, in which case 
 the limitations in the reviewed, reissued, or 
 modified permit may reflect the level of 
 pollutant control actually achieved (but shall 
 not be less stringent than required by effluent 
 guidelines in effect at the time of permit 
 renewal, reissuance, or modification).
 Subparagraph (B) shall not apply to any revised waste 
 load allocations or any alternative grounds for 
 translating water quality standards into effluent 
 limitations, except where the cumulative effect of such 
 revised allocations results in a decrease in the amount 
 of pollutants discharged into the concerned waters, and 
 such revised allocations are not the result of a 
 discharger eliminating or substantially reducing its 
 discharge of pollutants due to complying with the 
 requirements of this Act or for reasons otherwise 
 unrelated to water quality.
 (3) Limitations.--In no event may a permit with 
 respect to which paragraph (1) applies be renewed, 
 reissued, or modified to contain an effluent limitation 
 which is less stringent than required by effluent 
 guidelines in effect at the time the permit is renewed, 
 reissued, or modified. In no event may such a permit to 
 discharge into waters be renewed, reissued, or modified 
 to contain a less stringent effluent limitation if the 
 implementation of such limitation would result in a 
 violation of a water quality standard under section 303 
 applicable to such waters.
 (p) Municipal and Industrial Stormwater Discharges.--
 (1) General rule.--Prior to October 1, 1994, the 
 Administrator or the State (in the case of a permit 
 program approved under section 402 of this Act) shall 
 not require a permit under this section for discharges 
 composed entirely of stormwater.
 (2) Exceptions.--Paragraph (1) shall not apply with 
 respect to the following stormwater discharges:
 (A) A discharge with respect to which a 
 permit has been issued under this section 
 before the date of the enactment of this 
 subsection.
 (B) A discharge associated with industrial 
 activity.
 (C) A discharge from a municipal separate 
 storm sewer system serving a population of 
 250,000 or more.
 (D) A discharge from a municipal separate 
 storm sewer system serving a population of 
 100,000 or more but less than 250,000.
 (E) A discharge for which the Administrator 
 or the State, as the case may be, determines 
 that the stormwater discharge contributes to a 
 violation of a water quality standard or is a 
 significant contributor of pollutants to waters 
 of the United States.
 (3) Permit requirements.--
 (A) Industrial discharges.--Permits for 
 discharges associated with industrial activity 
 shall meet all applicable provisions of this 
 section and section 301.
 (B) Municipal discharge.--Permits for 
 discharges from municipal storm sewers--
 (i) may be issued on a system- or 
 jurisdiction-wide basis;
 (ii) shall include a requirement to 
 effectively prohibit non-stormwater 
 discharges into the storm sewers; and
 (iii) shall require controls to 
 reduce the discharge of pollutants to 
 the maximum extent practicable, 
 including management practices, control 
 techniques and system, design and 
 engineering methods, and such other 
 provisions as the Administrator or the 
 State determines appropriate for the 
 control of such pollutants.
 (4) Permit application requirements.--
 (A) Industrial and large municipal 
 discharges.--Not later than 2 years after the 
 date of the enactment of this subsection, the 
 Administrator shall establish regulations 
 setting forth the permit application 
 requirements for stormwater discharges 
 described in paragraphs (2)(B) and (2)(C). 
 Applications for permits for such discharges 
 shall be filed no later than 3 years after such 
 date of enactment. Not later than 4 years after 
 such date of enactment the Administrator or the 
 State, as the case may be, shall issue or deny 
 each such permit. Any such permit shall provide 
 for compliance as expeditiously as practicable, 
 but in no event later than 3 years after the 
 date of issuance of such permit.
 (B) Other municipal discharges.--Not later 
 than 4 years after the date of the enactment of 
 this subsection, the Administrator shall 
 establish regulations setting forth the permit 
 application requirements for stormwater 
 discharges described in paragraph (2)(D). 
 Applications for permits for such discharges 
 shall be filed no later than 5 years after such 
 date of enactment. Not later than 6 years after 
 such date of enactment, the Administrator or 
 the State, as the case may be, shall issue or 
 deny each such permit. Any such permit shall 
 provide for compliance as expeditiously as 
 practicable, but in no event later than 3 years 
 after the date of issuance of such permit.
 (5) Studies.--The Administrator, in consultation with 
 the States, shall conduct a study for the purposes of--
 (A) identifying those stormwater discharges 
 or classes of stormwater discharges for which 
 permits are not required pursuant to paragraphs 
 (1) and (2) of this subsection;
 (B) determining, to the maximum extent 
 practicable, the nature and extent of 
 pollutants in such discharges; and
 (C) establishing procedures and methods to 
 control stormwater discharges to the extent 
 necessary to mitigate impacts on water quality.
 Not later than October 1, 1988, the Administrator shall 
 submit to Congress a report on the results of the study 
 described in subparagraphs (A) and (B). Not later than 
 October 1, 1989, the Administrator shall submit to 
 Congress a report on the results of the study described 
 in subparagraph (C).
 (6) Regulations.--Not later than October 1, 1993, the 
 Administrator, in consultation with State and local 
 officials, shall issue regulations (based on the 
 results of the studies conducted under paragraph (5)) 
 which designate stormwater discharges, other than those 
 discharges described in paragraph (2), to be regulated 
 to protect water quality and shall establish a 
 comprehensive program to regulate such designated 
 sources. The program shall, at a minimum, (A) establish 
 priorities, (B) establish requirements for State 
 stormwater management programs, and (C) establish 
 expeditious deadlines. The program may include 
 performance standards, guidelines, guidance, and 
 management practices and treatment requirements, as 
 appropriate.
 (q) Combined Sewer Overflows.--
 (1) Requirement for permits, orders, and decrees.--
 Each permit, order, or decree issued pursuant to this 
 Act after the date of enactment of this subsection for 
 a discharge from a municipal combined storm and 
 sanitary sewer shall conform to the Combined Sewer 
 Overflow Control Policy signed by the Administrator on 
 April 11, 1994 (in this subsection referred to as the 
 ``CSO control policy'').
 (2) Water quality and designated use review 
 guidance.--Not later than July 31, 2001, and after 
 providing notice and opportunity for public comment, 
 the Administrator shall issue guidance to facilitate 
 the conduct of water quality and designated use reviews 
 for municipal combined sewer overflow receiving waters.
 (3) Report.--Not later than September 1, 2001, the 
 Administrator shall transmit to Congress a report on 
 the progress made by the Environmental Protection 
 Agency, States, and municipalities in implementing and 
 enforcing the CSO control policy.
 (r) Discharges Incidental to the Normal Operation of 
Recreational Vessels.--No permit shall be required under this 
Act by the Administrator (or a State, in the case of a permit 
program approved under subsection (b)) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil 
water separator effluent, or effluent from properly functioning 
marine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from a 
recreational vessel.
 (s) Integrated Plans.--
 (1) Definition of integrated plan.--In this 
 subsection, the term ``integrated plan'' means a plan 
 developed in accordance with the Integrated Municipal 
 Stormwater and Wastewater Planning Approach Framework, 
 issued by the Environmental Protection Agency and dated 
 June 5, 2012.
 (2) In general.--The Administrator (or a State, in 
 the case of a permit program approved by the 
 Administrator) shall inform municipalities of the 
 opportunity to develop an integrated plan that may be 
 incorporated into a permit under this section.
 (3) Scope.--
 (A) Scope of permit incorporating integrated 
 plan.--A permit issued under this section that 
 incorporates an integrated plan may integrate 
 all requirements under this Act addressed in 
 the integrated plan, including requirements 
 relating to--
 (i) a combined sewer overflow;
 (ii) a capacity, management, 
 operation, and maintenance program for 
 sanitary sewer collection systems;
 (iii) a municipal stormwater 
 discharge;
 (iv) a municipal wastewater 
 discharge; and
 (v) a water quality-based effluent 
 limitation to implement an applicable 
 wasteload allocation in a total maximum 
 daily load.
 (B) Inclusions in integrated plan.--An 
 integrated plan incorporated into a permit 
 issued under this section may include the 
 implementation of--
 (i) projects, including innovative 
 projects, to reclaim, recycle, or reuse 
 water; and
 (ii) green infrastructure.
 (4) Compliance schedules.--
 (A) In general.--A permit issued under this 
 section that incorporates an integrated plan 
 may include a schedule of compliance, under 
 which actions taken to meet any applicable 
 water quality-based effluent limitation may be 
 implemented over more than 1 permit term if the 
 schedule of compliance--
 (i) is authorized by State water 
 quality standards; and
 (ii) meets the requirements of 
 section 122.47 of title 40, Code of 
 Federal Regulations (as in effect on 
 the date of enactment of this 
 subsection).
 (B) Time for compliance.--For purposes of 
 subparagraph (A)(ii), the requirement of 
 section 122.47 of title 40, Code of Federal 
 Regulations, for compliance by an applicable 
 statutory deadline under this Act does not 
 prohibit implementation of an applicable water 
 quality-based effluent limitation over more 
 than 1 permit term.
 (C) Review.--A schedule of compliance 
 incorporated into a permit issued under this 
 section may be reviewed at the time the permit 
 is renewed to determine whether the schedule 
 should be modified.
 (5) Existing authorities retained.--
 (A) Applicable standards.--Nothing in this 
 subsection modifies any obligation to comply 
 with applicable technology and water quality-
 based effluent limitations under this Act.
 (B) Flexibility.--Nothing in this subsection 
 reduces or eliminates any flexibility available 
 under this Act, including the authority of a 
 State to revise a water quality standard after 
 a use attainability analysis under section 
 131.10(g) of title 40, Code of Federal 
 Regulations (or a successor regulation), 
 subject to the approval of the Administrator 
 under section 303(c).
 (6) Clarification of state authority.--
 (A) In general.--Nothing in section 
 301(b)(1)(C) precludes a State from authorizing 
 in the water quality standards of the State the 
 issuance of a schedule of compliance to meet 
 water quality-based effluent limitations in 
 permits that incorporate provisions of an 
 integrated plan.
 (B) Transition rule.--In any case in which a 
 discharge is subject to a judicial order or 
 consent decree, as of the date of enactment of 
 this subsection, resolving an enforcement 
 action under this Act, any schedule of 
 compliance issued pursuant to an authorization 
 in a State water quality standard may not 
 revise a schedule of compliance in that order 
 or decree to be less stringent, unless the 
 order or decree is modified by agreement of the 
 parties and the court.
 (t) Expression of Water Quality-Based Effluent Limitations.--
If the Administrator (or a State, in the case of a permit 
program approved by the Administrator) determines that a water 
quality-based limitation on a discharge of a pollutant is 
necessary to include in a permit under this section in addition 
to any appropriate technology-based effluent limitations 
included in such permit, the Administrator (or the State) may 
include such water quality-based limitation in such permit only 
in the form of a limitation that--
 (1) specifies the pollutant to which it applies; and
 (2) clearly describes the manner in which compliance 
 with the limitation may be achieved, which shall 
 include--
 (A) a numerical limit on the discharge of 
 such pollutant;
 (B) a narrative description of required 
 actions to be applied to the discharge 
 (including any measures or practices required 
 to be applied); or
 (C) a narrative description of a limitation 
 on the discharge that specifies the level of 
 control to be applied.
 (u) Discharges of Pesticides.--
 (1) No permit requirement.--Except as provided in 
 paragraph (2), a permit shall not be required by the 
 Administrator or a State under this Act for a discharge 
 from a point source into navigable waters of a 
 pesticide authorized for sale, distribution, or use 
 under the Federal Insecticide, Fungicide, and 
 Rodenticide Act, or the residue of such a pesticide, 
 resulting from the application of such pesticide.
 (2) Exceptions.--Paragraph (1) shall not apply to the 
 following discharges of a pesticide or pesticide 
 residue:
 (A) A discharge resulting from the 
 application of a pesticide in violation of a 
 provision of the Federal Insecticide, 
 Fungicide, and Rodenticide Act that is relevant 
 to protecting water quality, if--
 (i) the discharge would not have 
 occurred but for the violation; or
 (ii) the amount of pesticide or 
 pesticide residue in the discharge is 
 greater than would have occurred 
 without the violation.
 (B) Stormwater discharges subject to 
 regulation under subsection (p).
 (C) The following discharges subject to 
 regulation under this section:
 (i) Manufacturing or industrial 
 effluent.
 (ii) Treatment works effluent.
 (iii) Discharges incidental to the 
 normal operation of a vessel, including 
 a discharge resulting from ballasting 
 operations or vessel biofouling 
 prevention.

 * * * * * * *

 permits for dredged or fill material

 Sec. 404. (a) The Secretary may issue permits, after notice 
and opportunity for public hearings for the discharge of 
dredged or fill material into the navigable waters at specified 
disposal sites. Not later than the fifteenth day after the date 
an applicant submits all the information required to complete 
an application for a permit under this subsection, the 
Secretary shall publish the notice required by this subsection.
 (b) Subject to subsection (c) of this section, each such 
disposal site shall be specified for each such permit by the 
Secretary (1) through the application of guidelines developed 
by the Administrator, in conjunction with the Secretary, which 
guidelines shall be based upon criteria comparable to the 
criteria applicable to the territorial seas, the contiguous 
zone, and the ocean under section 403(c), and (2) in any case 
where such guidelines under clause (1) alone would prohibit the 
specification of a site, through the application additionally 
of the economic impact of the site on navigation and anchorage.
 [(c) The Administrator] (c) Specification or Use of Defined 
Area._
 (1) In general._The Administrator is authorized to 
 prohibit the specification (including the withdrawal of 
 specification) of any defined area as a disposal site, 
 and he is authorized to deny or restrict the use of any 
 defined area for specification (including the 
 withdrawal of specification) as a disposal site, 
 whenever he determines, during the period described in 
 paragraph (2) and after notice and opportunity for 
 public hearings, that the discharge of such materials 
 into such area will have an unacceptable 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 Administrator shall consult with the 
 Secretary. The Administrator shall set forth in writing 
 and make public his findings and his reasons for making 
 any determination under this subsection.
 (2) Period of prohibition.--The period during which 
 the Administrator may prohibit the specification 
 (including the withdrawal of specification) of any 
 defined area as a disposal site, or deny or restrict 
 the use of any defined area for specification 
 (including the withdrawal of specification) as a 
 disposal site, under paragraph (1) shall--
 (A) begin on the date on which an applicant 
 submits all the information required to 
 complete an application for a permit under this 
 section; and
 (B) end on the date on which the Secretary 
 issues the permit.
 (d) The term ``Secretary'' as used in this section means the 
Secretary of the Army, acting through the Chief of Engineers.
 [(e)(1) In carrying] (e) General Permits._
 (1) Permits authorized._In carrying out his 
 functions relating to the discharge of dredged or fill 
 material under this section, the Secretary may, after 
 notice and opportunity for public hearing, issue 
 general permits on a State, regional, or nationwide 
 basis for any category of activities involving 
 discharges of dredged or fill material if the Secretary 
 determines that the activities in such category are 
 similar in nature, will cause only minimal adverse 
 environmental effects when performed separately, and 
 will have only minimal cumulative adverse effect on the 
 environment. Any general permit issued under this 
 subsection shall (A) be based on the guidelines 
 described in subsection (b)(1) of this section, and (B) 
 set forth the requirements and standards which shall 
 apply to any activity authorized by such general 
 permit.
 [(2) No general]
 (2) Term._No general permit issued under this 
 subsection shall be for a period of more than [five 
 years] ten years after the date of its issuance and 
 such general permit may be revoked or modified by the 
 Secretary if, after opportunity for public hearing, the 
 Secretary determines that the activities authorized by 
 such general permit have an adverse impact on the 
 environment or such activities are more appropriately 
 authorized by individual permits.
 (3) Considerations.--In determining the environmental 
 effects of an activity under paragraph (1) or (2), the 
 Secretary--
 (A) shall consider only the effects of any 
 discharge of dredged or fill material resulting 
 from such activity;
 (B) shall consider any effects of a discharge 
 of dredged or fill material into less than 3 
 acres of navigable waters to be a minimal 
 adverse environmental effect; and
 (C) may consider any effects of a discharge 
 of dredged or fill material into 3 acres or 
 more of navigable waters to be a minimal 
 adverse environmental effect.
 (4) Nationwide permits for linear projects.--
 (A) In general.--Notwithstanding any other 
 provision of this section, the Secretary shall 
 maintain general permits on a nationwide basis 
 for--
 (i) linear infrastructure projects 
 that result in a discharge of dredged 
 or fill material into less than 3 acres 
 of navigable waters for each single and 
 complete project; and
 (ii) linear pipeline projects that do 
 not result in the loss of navigable 
 waters in an amount that is greater 
 than 0.5 acres for each single and 
 complete project.
 (B) Definitions.--In this paragraph:
 (i) Linear infrastructure project.--
 The term ``linear infrastructure 
 project'' means a project to carry out 
 any activity required for the 
 construction, expansion, maintenance, 
 modification, or removal of 
 infrastructure and associated 
 facilities for the transmission from a 
 point of origin to a terminal point of 
 communications or electricity, or for 
 the transportation from a point of 
 origin to a terminal point of people, 
 water, or wastewater.
 (ii) Linear pipeline project.--The 
 term ``linear pipeline project'' means 
 a project to carry out any activity 
 required for the construction, 
 expansion, maintenance, modification, 
 or removal of infrastructure and 
 associated facilities for the 
 transportation from a point of origin 
 to a terminal point of carbon dioxide, 
 fuel, or hydrocarbons, in the form of a 
 liquid, liquescent, gaseous, or slurry 
 substance or supercritical fluid, 
 including oil and gas pipeline 
 facilities.
 (iii) Single and complete project.--
 The term ``single and complete 
 project'' has the meaning given that 
 term in section 330.2 of title 33, Code 
 of Federal Regulations (as in effect on 
 the date of enactment of this 
 paragraph).
 (5) Reissuance of nationwide permits.--In determining 
 whether to reissue a general permit issued under this 
 subsection on a nationwide basis--
 (A) no consultation with an applicable State 
 pursuant to section 6(a) of the Endangered 
 Species Act of 1973 (16 U.S.C. 1535(a)) is 
 required;
 (B) no consultation with a Federal agency 
 pursuant to section 7(a)(2) of such Act (16 
 U.S.C. 1536(a)(2)) is required; and
 (C) the requirements of section 102(2)(C) of 
 the National Environmental Policy Act of 1969 
 (42 U.S.C. 4332(2)(C)) shall be satisfied by 
 preparing an environmental assessment with 
 respect to such general permit.
 (f)(1) Except as provided in paragraph (2) of this 
subsection, the discharge of dredged or fill material--
 (A) from normal farming, silviculture, and ranching 
 activities such as plowing, seeding, cultivating, minor 
 drainage, harvesting for the production of food, fiber, 
 and forest products, or upland soil and water 
 conservation practices;
 (B) for the purpose of maintenance, including 
 emergency reconstruction of recently damaged parts, of 
 currently serviceable structures such as dikes, dams, 
 levees, groins, riprap, breakwaters, causeways, and 
 bridge abutments or approaches, and transportation 
 structures;
 (C) for the purpose of construction or maintenance of 
 farm or stock ponds or irrigation ditches, or the 
 maintenance of drainage ditches;
 (D) for the purpose of construction of temporary 
 sedimentation basins on a construction site which does 
 not include placement of fill material into the 
 navigable waters;
 (E) for the purpose of construction or maintenance of 
 farm roads or forest roads, or temporary roads for 
 moving mining equipment, where such roads are 
 constructed and maintained, in accordance with best 
 management practices, to assure that flow and 
 circulation patterns and chemical and biological 
 characteristics of the navigable waters are not 
 impaired, that the reach of the navigable waters is not 
 reduced, and that any adverse effect on the aquatic 
 environment will be otherwise minimized;
 (F) resulting from any activity with respect to which 
 a State has an approved program under section 208(b)(4) 
 which meets the requirements of subparagraphs (B) and 
 (C) of such section,
is not prohibited by or otherwise subject to regulation under 
this section or section 301(a) or 402 of this Act (except for 
effluent standards or prohibitions under section 307).
 (2) Any discharge of dredged or fill material into the 
navigable waters incidental to any activity having as its 
purpose bringing an area of the navigable waters into a use to 
which it was not previously subject, where the flow or 
circulation of navigable waters may be impaired or the reach of 
such waters be reduced, shall be required to have a permit 
under this section.
 (g)(1) The Governor of any State desiring to administer its 
own individual and general permit program for the discharge of 
dredged or fill material into the navigable waters (other than 
those waters which are presently used, or are susceptible to 
use in their natural condition or by reasonable improvement as 
a means to transport interstate or foreign commerce shoreward 
to their ordinary high water mark, including all waters which 
are subject to the ebb and flow of the tide shoreward to their 
mean high water mark, or mean higher high water mark on the 
west coast, including wetlands adjacent thereto) within its 
jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish 
and administer under State law or under an interstate compact. 
In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State agencies 
which have independent legal counsel), or from the chief legal 
officer in the case of an interstate agency, that the laws of 
such State, or the interstate compact, as the case may be, 
provide adequate authority to carry out the described program.
 (2) Not later than the tenth day after the date of the 
receipt of the program and statement submitted by any State 
under paragraph (1) of this subsection, the Administrator shall 
provide copies of such program and statement to the Secretary 
and the Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service.
 (3) If the Administrator determines that additional 
information is necessary for the description of a program 
submitted by a State to be full and complete under paragraph 
(1), the Administrator shall, not later than 45 days after the 
date of the receipt of the program and statement submitted by 
the State under such paragraph, submit to the State a written 
request for all such information.
 [(3)] (4) Not later than the ninetieth day after the date of 
the receipt by the Administrator of the program and statement 
submitted by any State, under paragraph (1) of this subsection, 
the Secretary and the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife Service, 
shall submit any comments with respect to such program and 
statement to the Administrator in writing.
 (h)(1) Not later than the one-hundred-twentieth day after the 
date of the receipt by the Administrator of a program and 
statement submitted by any State under [paragraph (1) of this 
subsection] subsection (g)(1), the Administrator shall 
determine, taking into account any comments submitted by the 
Secretary and the Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service, 
pursuant to subsection (g) of this section, whether such State 
has the following authority with respect to the issuance of 
permits pursuant to such program:
 (A) To issue permits which--
 (i) apply, and assure compliance with, any 
 applicable requirements of this section, 
 including, but not limited to, the guidelines 
 established under subsection (b)(1) of this 
 section, and sections 307 and 403 of this Act;
 (ii) are for fixed terms not exceeding five 
 years; and
 (iii) can be terminated or modified for cause 
 including, but not limited to, the following:
 (I) violation of any condition of the 
 permit;
 (II) obtaining a permit by 
 misrepresentation, or failure to 
 disclose fully all relevant facts;
 (III) change in any condition that 
 requires either a temporary or 
 permanent reduction or elimination of 
 the permitted discharge.
 (B) To issue permits which apply, and assure 
 compliance with, all applicable requirements of section 
 308 of this Act, or to inspect, monitor, enter, and 
 require reports to at least the same extent as required 
 in section 308 of this Act.
 (C) To assure that the public, and any other State 
 the waters of which may be affected, receive notice of 
 each application for a permit and to provide an 
 opportunity for public hearing before a ruling on each 
 such application.
 (D) To assure that the Administrator receives notice 
 of each application (including a copy thereof) for a 
 permit.
 (E) To assure that any State (other than the 
 permitting State), whose waters may be affected 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 
 such written recommendations are not accepted by the 
 permitting State, that the permitting State will notify 
 such affected State (and the Administrator) in writing 
 of its failure to so accept such recommendations 
 together with its reasons for so doing.
 (F) To assure that no permit will be issued if, in 
 the judgment of the Secretary, after consultation with 
 the Secretary of the department in which the Coast 
 Guard is operating, anchorage and navigation of any of 
 the navigable waters would be substantially impaired 
 thereby.
 (G) To abate violations of the permit or the permit 
 program, including civil and criminal penalties and 
 other ways and means of enforcement.
 (H) To assure continued coordination with Federal and 
 Federal-State water-related planning and review 
 processes.
 (2) If, with respect to a State program submitted under 
subsection (g)(1) of this section, the Administrator determines 
that such State--
 (A) has the authority set forth in paragraph (1) of 
 this subsection, the Administrator shall approve the 
 program and so notify (i) such State and (ii) the 
 Secretary, who upon subsequent notification from such 
 State that it is administering such program, shall 
 suspend the issuance of permits under subsection (a) 
 and (e) of this section for activities with respect to 
 which a permit may be issued pursuant to such State 
 program; or
 (B) does not have the authority set forth in 
 paragraph (1) of this subsection, the Administrator 
 shall so notify such State, which notification shall 
 also describe the revisions or modifications necessary 
 so that such State may resubmit such program for a 
 determination by the Administrator under this 
 subsection.
 (3) If the Administrator fails to make a determination with 
respect to any program submitted by a State under subsection 
(g)(1) of this section within one-hundred-twenty days after the 
date of the receipt of such program, such program shall be 
deemed approved pursuant to paragraph (2)(A) of this subsection 
and the Administrator shall so notify such State and the 
Secretary who, upon subsequent notification from such State 
that it is administering such program, shall suspend the 
issuance of permits under subsection (a) and (e) of this 
section for activities with respect to which a permit may be 
issued by such State.
 (4) After the Secretary receives notification from the 
Administrator under paragraph (2) or (3) of this subsection 
that a State permit program has been approved, the Secretary 
shall transfer any applications for permits pending before the 
Secretary for activities with respect to which a permit may be 
issued pursuant to such State program to such State for 
appropriate action.
 (5) Upon notification from a State with a permit program 
approved under this subsection that such State intends to 
administer and enforce the terms and conditions of a general 
permit issued by the Secretary under subsection (e) of this 
section with respect to activities in such State to which such 
general permit applies, the Secretary shall suspend the 
administration and enforcement of such general permit with 
respect to such activities.
 (i) Whenever the Administrator determines after public 
hearing that a State is not administering a program approved 
under section (h)(2)(A) of this section, in accordance with 
this section, including, but not limited to, the guidelines 
established under subsection (b)(1) of this section, the 
Administrator shall so notify the State, and, if appropriate 
corrective action is not taken within a reasonable time, not to 
exceed ninety days after the date of the receipt of such 
notification, the Administrator shall (1) withdraw approval of 
such program until the Administrator determines such corrective 
action has been taken, and (2) notify the Secretary that the 
Secretary shall resume the program for the issuance of permits 
under subsections (a) and (e) of this section for activities 
with respect to which the State was issuing permits and that 
such authority of the Secretary shall continue in effect until 
such time as the Administrator makes the determination 
described in clause (1) of this subsection and such State again 
has an approved program.
 (j) Each State which is administering a permit program 
pursuant to this section shall transmit to the Administrator 
(1) a copy of each permit application received by such State 
and provide notice to the Administrator of every action related 
to the consideration of such permit application, including each 
permit proposed to be issued by such State, and (2) a copy of 
each proposed general permit which such State intends to issue. 
Not later than the tenth day after the date of the receipt of 
such permit application or such proposed general permit, the 
Administrator shall provide copies of such permit application 
or such proposed general permit to the Secretary and the 
Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service. If the Administrator 
intends to provide written comments to such State with respect 
to such permit application or such proposed general permit, he 
shall so notify such State not later than the thirtieth day 
after the date of the receipt of such application or such 
proposed general permit and provide such written comments to 
such State, after consideration of any comments made in writing 
with respect to such application or such proposed general 
permit by the Secretary and the Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, not later than the ninetieth day after the 
date of such receipt. If such State is so notified by the 
Administrator, it shall not issue the proposed permit until 
after the receipt of such comments from the Administrator, or 
after such ninetieth day, whichever first occurs. Such State 
shall not issue such proposed permit after such ninetieth day 
if it has received such written comments in which the 
Administrator objects (A) to the issuance of such proposed 
permit and such proposed permit is one that has been submitted 
to the Administrator pursuant to subsection (h)(1)(E), or (B) 
to the issuance of such proposed permit as being outside the 
requirements of this section, including, but not limited to, 
the guidelines developed under subsection (b)(1) of this 
section unless it modifies such proposed permit in accordance 
with such comments. Whenever the Administrator objects to the 
issuance of a permit under the preceding sentence such written 
objection shall contain a statement of the reasons for such 
objection and the conditions which such permit would include if 
it were issued by the Administrator. In any case where the 
Administrator objects to the issuance of a permit, on request 
of the State, a public hearing shall be held by the 
Administrator on such objection. If the State does not resubmit 
such permit revised to meet such objection within 30 days after 
completion of the hearing or, if no hearing is requested within 
90 days after the date of such objection, the Secretary may 
issue the permit pursuant to subsection (a) or (e) of this 
section, as the case may be, for such source in accordance with 
the guidelines and requirements of this Act.
 (k) In accordance with guidelines promulgated pursuant to 
subsection (i)(2) of section 304 of this Act, the Administrator 
is authorized to waive the requirements of subsection (j) of 
this section at the time of the approval of a program pursuant 
to subsection (h)(2)(A) of this section for any category 
(including any class, type, or size within such category) of 
discharge within the State submitting such program.
 (l) The Administrator shall promulgate regulations 
establishing categories of discharges which he determines shall 
not be subject to the requirements of subsection (j) of this 
section in any State with a program approved pursuant to 
subsection (h)(2)(A) of this section. The Administrator may 
distinguish among classes, types, and sizes within any category 
of discharges.
 (m) Not later than the ninetieth day after the date on which 
the Secretary notifies the Secretary of the Interior, acting 
through the Director of the United States Fish and Wildlife 
Service that (1) an application for a permit under subsection 
(a) of this section has been received by the Secretary, or (2) 
the Secretary proposes to issue a general permit under 
subsection (e) of this section, the Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, shall submit any comments with respect to 
such application or such proposed general permit in writing to 
the Secretary.
 (n) Nothing in this section shall be construed to limit the 
authority of the Administrator to take action pursuant to 
section 309 of this Act.
 (o) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such 
permit application or portion thereof, shall further be 
available on request for the purpose of reproduction.
 (p) Compliance with a permit issued pursuant to this section, 
including any activity carried out pursuant to a general permit 
issued under this section, shall be deemed compliance, for 
purposes of sections 309 and 505, with sections 301, 307, and 
403.
 (q) Not later than the one-hundred-eightieth day after the 
date of enactment of this subsection, the Secretary shall enter 
into agreements with the Administrator, the Secretaries of the 
Departments of Agriculture, Commerce, Interior, and 
Transportation, and the heads of other appropriate Federal 
agencies to minimize, to the maximum extent practicable, 
duplication, needless paperwork, and delays in the issuance of 
permits under this section. Such agreements shall be developed 
to assure that, to the maximum extent practicable, a decision 
with respect to an application for a permit under subsection 
(a) of this section will be made not later than the ninetieth 
day after the date the notice of such application is published 
under subsection (a) of this section.
 (r) The discharge of dredged or fill material as part of the 
construction of a Federal project specifically authorized by 
Congress, whether prior to or on or after the date of enactment 
of this subsection, is not prohibited by or otherwise subject 
to regulation under this section, or a State program approved 
under this section, or section 301(a) or 402 of the Act (except 
for effluent standards or prohibitions under section 307), if 
information on the effects of such discharge, including 
consideration of the guidelines developed under subsection 
(b)(1) of this section, is included in an environmental impact 
statement for such project pursuant to the National 
Environmental Policy Act of 1969 and such environmental impact 
statement has been submitted to Congress before the actual 
discharge of dredged or fill material in connection with the 
construction of such project and prior to either authorization 
of such project or an appropriation of funds for such 
construction.
 (s)(1) Whenever on the basis of any information available to 
him the Secretary finds that any person is in violation of any 
condition or limitation set forth in a permit issued by the 
Secretary under this section, the Secretary shall issue an 
order requiring such persons to comply with such condition or 
limitation, or the Secretary shall bring a civil action in 
accordance with paragraph (3) of this subsection.
 (2) A copy of any order issued under this subsection shall be 
sent immediately by the Secretary to the State in which the 
violation occurs and other affected States. Any order issued 
under this subsection shall be by personal service and shall 
state with reasonable specificity the nature of the violation, 
specify a time for compliance, not to exceed thirty days, which 
the Secretary determines is reasonable, taking into account the 
seriousness of the violation and any good faith efforts to 
comply with applicable requirements. In any case in which an 
order under this subsection is issued to a corporation, a copy 
of such order shall be served on any appropriate corporate 
officers.
 (3) The Secretary is authorized to commence a civil action 
for appropriate relief, including a permanent or temporary 
injunction for any violation for which he is authorized to 
issue a compliance order under paragraph (1) of this 
subsection. Any action under this paragraph may be brought in 
the district court of the United States for the district in 
which the defendant is located or resides or is doing business, 
and such court shall have jurisdiction to restrain such 
violation and to require compliance. Notice of the commencement 
of such acton shall be given immediately to the appropriate 
State.
 (4) Any person who violates any condition or limitation in a 
permit issued by the Secretary under this section, and any 
person who violates any order issued by the Secretary under 
paragraph (1) of this subsection, shall be subject to a civil 
penalty not to exceed $25,000 per day for each violation. In 
determining the amount of a civil penalty the court shall 
consider the seriousness of the violation or violations, the 
economic benefit (if any) resulting from the violation, any 
history of such violations, any good-faith efforts to comply 
with the applicable requirements, the economic impact of the 
penalty on the violator, and such other matters as justice may 
require.
 (t) Judicial Review.--
 (1) Statute of limitations.--Notwithstanding any 
 applicable provision of law relating to statutes of 
 limitations--
 (A) an action seeking judicial review of the 
 approval by the Administrator of a State permit 
 program pursuant to this section shall be filed 
 not later than the date that is 60 days after 
 the date on which the approval was issued;
 (B) an action seeking judicial review of an 
 individual permit or general permit issued 
 under this section shall be filed not later 
 than the date that is 60 days after the date on 
 which the permit was issued; and
 (C) an action seeking judicial review of a 
 verification that an activity involving a 
 discharge of dredged or fill material is 
 authorized by a general permit issued under 
 this section shall be filed not later than the 
 date that is 60 days after the date on which 
 such verification was issued.
 (2) Limitation on commencement of certain actions.--
 Notwithstanding any other provision of law, no action 
 described in subparagraph (A) or (B) of paragraph (1) 
 may be commenced unless the action--
 (A) is filed by a party that submitted a 
 comment--
 (i) during the public comment period 
 for the administrative proceedings 
 related to the action; and
 (ii) which was sufficiently detailed 
 to put the Administrator, the 
 Secretary, or the State, as applicable, 
 on notice of the issue upon which the 
 party seeks judicial review; and
 (B) is related to such comment.
 (3) Remedies.--
 (A) Actions relating to permit programs.--If 
 a court determines that the Administrator did 
 not comply with the requirements of this 
 section in issuing an approval of a State 
 permit program pursuant to this section--
 (i) the court shall remand the matter 
 to the Administrator for further 
 proceedings consistent with the 
 determination of the court; and
 (ii) the court may not vacate, 
 revoke, enjoin, or otherwise limit the 
 authority of the State to issue permits 
 under such State permit program.
 (B) Actions relating to permits.--If a court 
 determines that the Secretary or the State, as 
 applicable, did not comply with the 
 requirements of this section in issuing an 
 individual or general permit under this 
 section, or in verifying that an activity 
 involving a discharge of dredged or fill 
 material is authorized by a general permit 
 issued under this section, as applicable--
 (i) the court shall remand the matter 
 to the Secretary or the State, as 
 applicable, for further proceedings 
 consistent with the determination of 
 the court;
 (ii) with respect to a determination 
 regarding the issuance of an individual 
 or general permit under this section, 
 the court may not vacate, revoke, 
 enjoin, or otherwise limit the permit, 
 unless the court finds that activities 
 authorized under the permit would 
 present an imminent and substantial 
 danger to human health or the 
 environment for which there is no other 
 equitable remedy available under the 
 law; and
 (iii) with respect to a determination 
 regarding a verification that an 
 activity involving a discharge of 
 dredged or fill material is authorized 
 by a general permit issued under this 
 section, the court may not enjoin or 
 otherwise limit the discharge unless 
 the court finds that the activity would 
 present an imminent and substantial 
 danger to human health or the 
 environment for which there is no other 
 equitable remedy available under the 
 law.
 (4) Timeline to act on court order.--If a court 
 remands a matter under paragraph (3), the court shall 
 set and enforce a reasonable schedule and deadline, 
 which may not exceed 180 days from the date on which 
 the court remands such matter, except as otherwise 
 required by law, for the Administrator, the Secretary, 
 or the State, as applicable, to take such actions as 
 the court may order.
 [(t) Nothing in the section] (u) Savings Provision._Nothing 
in this section shall preclude or deny the right of any State 
or interstate agency to control the discharge of dredged or 
fill material in any portion of the navigable waters within the 
jurisdiction of such State, including any activity of any 
Federal agency, and each such agency shall comply with such 
State or interstate requirements both substantive and 
procedural to control the discharge of dredged or fill material 
to the same extent that any person is subject to such 
requirements. This section shall not be construed as affecting 
or impairing the authority of the Secretary to maintain 
navigation.

 * * * * * * *

TITLE V--GENERAL PROVISIONS

 * * * * * * *

 general definitions

 Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
 (1) The term ``State water pollution control agency'' means 
the State agency designated by the Governor having 
responsibility for enforcing State laws relating to the 
abatement of pollution.
 (2) The term ``interstate agency'' means an agency of two or 
more States established by or pursuant to an agreement or 
compact approved by the Congress, or any other agency of two or 
more States, having substantial powers or duties pertaining to 
the control of pollution as determined and approved by the 
Administrator.
 (3) The term ``State'' means a State, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, the Commonwealth of the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands.
 (4) The term ``municipality'' means a city, town, borough, 
county, parish, district, association, or other public body 
created by or pursuant to State law and having jurisdiction 
over disposal of sewage, industrial wastes, or other wastes, or 
an Indian tribe or an authorized Indian tribal organization, or 
a designated and approved management agency under section 208 
of this Act.
 (5) The term ``person'' means an individual, corporation, 
partnership, association, State, municipality, commission, or 
political subdivision of a State, or any interstate body.
 (6) The term ``pollutant'' means dredged spoil, solid waste, 
incinerator residue, sewage, garbage, sewage sludge, munitions, 
chemical wastes, biological materials, radioactive materials, 
heat, wrecked or discarded equipment, rock, sand, cellar dirt 
and industrial, municipal, and agricultural waste discharged 
into water. This term does not mean (A) ``sewage from vessels 
or a discharge incidental to the normal operation of a vessel 
of the Armed Forces'' within the meaning of section 312 of this 
Act; or (B) water, gas, or other material which is injected 
into a well to facilitate production of oil or gas, or water 
derived in association with oil or gas production and disposed 
of in a well, if the well used either to facilitate production 
or for disposal purposes is approved by authority of the State 
in which the well is located, and if such State determines that 
such injection or disposal will not result in the degradation 
of ground or surface water resources.
 [(7) The term]
 (7) Navigable waters.--
 (A) In general.--The term ``navigable 
 waters'' means the waters of the United States, 
 including the territorial seas.
 (B) Exclusions.--The term ``navigable 
 waters'' does not include the following:
 (i) Any component of a waste 
 treatment system, including any lagoon 
 or treatment pond (such as a settling 
 or cooling pond), designed to actively 
 or passively--
 (I) convey or retain 
 wastewater; or
 (II) concentrate, settle, 
 reduce, or remove pollutants 
 from wastewater.
 (ii) Ephemeral features that flow 
 only in direct response to 
 precipitation.
 (iii) Any area that--
 (I) prior to December 23, 
 1985, was drained or otherwise 
 manipulated for the purpose, or 
 having the effect, of making 
 production of an agricultural 
 product possible, as determined 
 by the Administrator and the 
 Secretary of the Army, acting 
 through the Chief of Engineers, 
 which determinations shall be 
 consistent with any 
 designations of prior converted 
 cropland made by the Secretary 
 of Agriculture; and
 (II) as determined by the 
 Administrator--
 (aa) at least once in 
 the immediately 
 preceding five years 
 has been used for, or 
 in support of, 
 agricultural purposes, 
 including grazing, 
 haying, idling land for 
 conservation use (such 
 as habitat management, 
 pollinator and wildlife 
 management, water 
 storage and supply 
 management, and flood 
 management), irrigation 
 tailwater storage, 
 farm-raised fish 
 production, cranberry 
 production, nutrient 
 retention, and idling 
 land for soil recovery 
 after natural disasters 
 such as hurricanes and 
 drought; and
 (bb) has not reverted 
 to wetlands (as defined 
 in section 120.2 of 
 title 40, Code of 
 Federal Regulations, as 
 in effect on the date 
 of enactment of this 
 clause).
 (iv) Groundwater.
 (v) Any other features determined to 
 be excluded by the Administrator and 
 the Secretary of the Army, acting 
 through the Chief of Engineers.
 (8) The term ``territorial seas'' means the belt of the seas 
measured from the line of ordinary low water along that portion 
of the coast which is in direct contact with the open sea and 
the line marking the seaward limit of inland waters, and 
extending seaward a distance of three miles.
 (9) The term ``contiguous zone'' means the entire zone 
established or to be established by the United States under 
article 24 of the Convention of the Territorial Sea and the 
Contiguous Zone.
 (10) The term ``ocean'' means any portion of the high seas 
beyond the contiguous zone.
 (11) The term ``effluent limitation'' means any restriction 
established by a State or the Administrator on quantities, 
rates, and concentrations of chemical, physical, biological, 
and other constituents which are discharged from point sources 
into navigable waters, the waters of the contiguous zone, or 
the ocean, including schedules of compliance.
 (12) The term ``discharge of a pollutant'' and the term 
``discharge of pollutants'' each means (A) any addition of any 
pollutant to navigable waters from any point source, (B) any 
addition of any pollutant to the waters of the contiguous zone 
or the ocean from any point source other than a vessel or other 
floating craft.
 (13) The term ``toxic pollutant'' means those pollutants, or 
combinations of pollutants, including disease-causing agents, 
which after discharge and upon exposure, ingestion, inhalation 
or assimilation into any organism, either directly from the 
environment or indirectly by ingestion through food chains, 
will, on the basis of information available to the 
Administrator, cause death, disease, behavioral abnormalities, 
cancer, genetic mutations, physiological malfunctions 
(including malfunctions in reproduction) or physical 
deformations, in such organisms or their offspring.
 (14) The term ``point source'' means any discernible, 
confined and discrete conveyance, including but not limited to 
any pipe, ditch, channel, tunnel, conduit, well, discrete 
fissure, container, rolling stock, concentrated animal feeding 
operation, or vessel or other floating craft, from which 
pollutants are or may be discharged. This term does not include 
agricultural stormwater discharges and return flows from 
irrigated agriculture.
 (15) The term ``biological monitoring'' shall mean the 
determination of the effects on aquatic life, including 
accumulation of pollutants in tissue, in receiving waters due 
to the discharge of pollutants (A) by techniques and 
procedures, including sampling of organisms representative of 
appropriate levels of the food chain appropriate to the volume 
and the physical, chemical, and biological characteristics of 
the effluent, and (B) at appropriate frequencies and locations.
 (16) The term ``discharge'' when used without qualification 
includes a discharge of a pollutant, and a discharge of 
pollutants.
 (17) The term ``schedule of compliance'' means a schedule of 
remedial measures including an enforceable sequence of actions 
or operations leading to compliance with an effluent 
limitation, other limitation, prohibition, or standard.
 (18) The term ``industrial user'' means those industries 
identified in the Standard Industrial Classification Manual, 
Bureau of the Budget, 1967, as amended and supplemented, under 
the category ``Division D--Manufacturing'' and such other 
classes of significant waste producers as, by regulation, the 
Administrator deems appropriate.
 (19) The term ``pollution'' means the man-made or man-induced 
alteration of the chemical, physical, biological, and 
radiological integrity of water.
 (20) The term ``medical waste'' means isolation wastes; 
infectious agents; human blood and blood products; pathological 
wastes; sharps; body parts; contaminated bedding; surgical 
wastes and potentially contaminated laboratory wastes; dialysis 
wastes; and such additional medical items as the Administrator 
shall prescribe by regulation.
 (21) Coastal recreation waters.--
 (A) In general.--The term ``coastal 
 recreation waters'' means--
 (i) the Great Lakes; and
 (ii) marine coastal waters (including 
 coastal estuaries) that are designated 
 under section 303(c) by a State for use 
 for swimming, bathing, surfing, or 
 similar water contact activities.
 (B) Exclusions.--The term ``coastal 
 recreation waters'' does not include--
 (i) inland waters; or
 (ii) waters upstream of the mouth of 
 a river or stream having an unimpaired 
 natural connection with the open sea.
 (22) Floatable material.--
 (A) In general.--The term ``floatable 
 material'' means any foreign matter that may 
 float or remain suspended in the water column.
 (B) Inclusions.--The term ``floatable 
 material'' includes--
 (i) plastic;
 (ii) aluminum cans;
 (iii) wood products;
 (iv) bottles; and
 (v) paper products.
 (23) Pathogen indicator.--The term ``pathogen 
 indicator'' means a substance that indicates the 
 potential for human infectious disease.
 (24) Oil and gas exploration and production.--The 
 term ``oil and gas exploration, production, processing, 
 or treatment operations or transmission facilities'' 
 means all field activities or operations associated 
 with exploration, production, processing, or treatment 
 operations, or transmission facilities, including 
 activities necessary to prepare a site for drilling and 
 for the movement and placement of drilling equipment, 
 whether or not such field activities or operations may 
 be considered to be construction activities.
 (25) Recreational vessel.--
 (A) In general.--The term ``recreational 
 vessel'' means any vessel that is--
 (i) manufactured or used primarily 
 for pleasure; or
 (ii) leased, rented, or chartered to 
 a person for the pleasure of that 
 person.
 (B) Exclusion.--The term ``recreational 
 vessel'' does not include a vessel that is 
 subject to Coast Guard inspection and that--
 (i) is engaged in commercial use; or
 (ii) carries paying passengers.
 (26) Treatment works.--The term ``treatment works'' 
 has the meaning given the term in section 212.
 (27) Green infrastructure.--The term ``green 
 infrastructure'' means the range of measures that use 
 plant or soil systems, permeable pavement or other 
 permeable surfaces or substrates, stormwater harvest 
 and reuse, or landscaping to store, infiltrate, or 
 evapotranspirate stormwater and reduce flows to sewer 
 systems or to surface waters.

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 administrative procedure and judicial review

 Sec. 509. (a)(1) For purposes of obtaining information under 
section 305 of this Act, or carrying out section 507(e) of this 
Act, the Administrator may issue subpenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and he may administer oaths. 
Except for effluent data, upon a showing satisfactory to the 
Administrator that such papers, books, documents, or 
information or particular part thereof, if made public, would 
divulge trade secrets or secret processes, the Administrator 
shall consider such record, report, or information or 
particular portion thereof confidential in accordance with the 
purposes of section 1905 of title 18 of the United States Code, 
except that such paper, book, document, or information may be 
disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying 
out this Act, or when relevant in any proceeding under this 
Act. Witnesses summoned shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpena served upon any 
person under this subsection, the district court of the United 
States for any district in which such person is found or 
resides or transacts business, upon application by the United 
States and after notice to such person, shall have jurisdiction 
to issue an order requiring such person to appear and give 
testimony before the Administrator, to appear and produce 
papers, books, and documents before the Administrator, or both, 
and any failure to obey such order of the court may be punished 
by such court as a contempt thereof.
 (2) The district courts of the United States are authorized, 
upon application by the Administrator, to issue subpenas for 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, for purposes of 
obtaining information under sections 304 (b) and (c) of this 
Act. Any papers, books, documents, or other information or part 
thereof, obtained by reason of such a subpena shall be subject 
to the same requirements as are provided in paragraph (1) of 
this subsection.
 (b)(1) Review of the Administrator's action (A) in 
promulgating any standard of performance under section 306, (B) 
in making any determination pursuant to section 306(b)(1)(C), 
(C) in promulgating any effluent standard, prohibition, or 
pretreatment standard under section 307, (D) in making any 
determination as to a State permit program submitted under 
section 402(b), (E) in approving or promulgating any effluent 
limitation or other limitation under sections 301, 302, 306, or 
405, (F) in issuing or denying any permit under [section 402, 
and] section 402, (G) in promulgating any individual control 
strategy under section 304(l), and (H) in issuing any criteria 
for water quality pursuant to section 304(a)(11), may be had by 
any interested person in the Circuit Court of Appeals of the 
United States for the Federal judicial district in which such 
person resides or transacts business which is directly affected 
by such action upon application by such person. Any such 
application shall be made within 120 days from the date of such 
determination, approval, promulgation, issuance or denial, or 
after such date only if such application is based solely on 
grounds which arose after such 120th day.
 (2) Action of the Administrator with respect to which review 
could have been obtained under paragraph (1) of this subsection 
shall not be subject to judicial review in any civil or 
criminal proceeding for enforcement.
 (3) Award of fees.--In any judicial proceeding under 
 this subsection, the court may award costs of 
 litigation (including reasonable attorney and expert 
 witness fees) to any prevailing or substantially 
 prevailing party whenever it determines that such award 
 is appropriate.
 (4) Discharges incidental to normal operation of 
 vessels.--
 (A) In general.--Except as provided in 
 subparagraph (B), any interested person may 
 file a petition for review of a final agency 
 action under section 312(p) of the 
 Administrator or the Secretary of the 
 department in which the Coast Guard is 
 operating in accordance with the requirements 
 of this subsection.
 (B) Venue exception.--Subject to section 
 312(p)(7)(C)(v), a petition for review of a 
 final agency action under section 312(p) of the 
 Administrator or the Secretary of the 
 department in which the Coast Guard is 
 operating may be filed only in the United 
 States Court of Appeals for the District of 
 Columbia Circuit.
 (c) In any judicial proceeding brought under subsection (b) 
of this section in which review is sought of a determination 
under this Act required to be made on the record after notice 
and opportunity for hearing, if any party applies to the court 
for leave to adduce additional evidence, and shows to the 
satisfaction of the court that such additional evidence is 
material and that there were reasonable grounds for the failure 
to adduce such evidence in the proceeding before the 
Administrator, the court may order such additional evidence 
(and evidence in rebuttal thereof) to be taken before the 
Administrator, in such manner and upon such terms and 
conditions as the court may deem proper. The Administrator may 
modify his findings as to the facts, or make new findings, by 
reason of the additional evidence so taken and he shall file 
such modified or new findings, and his recommendation, if any, 
for the modification or setting aside of his original 
determination, with the return of such additional evidence.

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 WATER RESOURCES REFORM AND DEVELOPMENT ACT OF 2014

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TITLE I--PROGRAM REFORMS AND STREAMLINING

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SEC. 1049. APPLICABILITY OF SPILL PREVENTION, CONTROL, AND 
 COUNTERMEASURE RULE.

 (a) Definitions.--In this section:
 (1) Administrator.--The term ``Administrator'' means 
 the Administrator of the Environmental Protection 
 Agency.
 (2) Farm.--The term ``farm'' has the meaning given 
 the term in section 112.2 of title 40, Code of Federal 
 Regulations (or successor regulations).
 (3) Gallon.--The term ``gallon'' means a United 
 States gallon.
 (4) Oil.--The term ``oil'' has the meaning given the 
 term in section 112.2 of title 40, Code of Federal 
 Regulations (or successor regulations).
 (5) Oil discharge.--The term ``oil discharge'' has 
 the meaning given the term ``discharge'' in section 
 112.2 of title 40, Code of Federal Regulations (or 
 successor regulations).
 (6) Reportable oil discharge history.--
 (A) In general.--Subject to subparagraph (B), 
 the term ``reportable oil discharge history'' 
 means a single oil discharge, as described in 
 section 112.1(b) of title 40, Code of Federal 
 Regulations (including successor regulations), 
 that exceeds 1,000 gallons or 2 oil discharges, 
 as described in section 112.1(b) of title 40, 
 Code of Federal Regulations (including 
 successor regulations), that each exceed 42 
 gallons within any 12-month period--
 (i) in the 3 years prior to the 
 certification date of the Spill 
 Prevention, Control, and Countermeasure 
 plan (as described in section 112.3 of 
 title 40, Code of Federal Regulations 
 (including successor regulations); or
 (ii) since becoming subject to part 
 112 of title 40, Code of Federal 
 Regulations, if the facility has been 
 in operation for less than 3 years.
 (B) Exclusions.--The term ``reportable oil 
 discharge history'' does not include an oil 
 discharge, as described in section 112.1(b) of 
 title 40, Code of Federal Regulations 
 (including successor regulations), that is the 
 result of a natural disaster, an act of war, or 
 terrorism.
 (7) Spill prevention, control, and countermeasure 
 rule.--The term ``Spill Prevention, Control, and 
 Countermeasure rule'' means the regulation, including 
 amendments, promulgated by the Administrator under part 
 112 of title 40, Code of Federal Regulations (or 
 successor regulations).
 (b) Certification.--In implementing the Spill Prevention, 
Control, and Countermeasure rule with respect to any farm, the 
Administrator shall--
 (1) require certification by a professional engineer 
 for a farm with--
 (A) an individual tank with an aboveground 
 storage capacity greater than 10,000 gallons;
 (B) an aggregate aboveground storage capacity 
 greater than or equal to [20,000] 42,000 
 gallons; or
 (C) a reportable oil discharge history; or
 (2) allow certification by the owner or operator of 
 the farm (via self-certification) for a farm with--
 [(A) an aggregate aboveground storage 
 capacity less than 20,000 gallons and greater 
 than the lesser of--
 [(i) 6,000 gallons; and
 [(ii) the adjustment quantity 
 established under subsection (d)(2); 
 and]
 (A) an aggregate aboveground storage capacity 
 greater than 10,000 gallons but less than 
 42,000 gallons; and
 (B) no reportable oil discharge history; and
 (3) not require compliance with the rule by any 
 farm--
 [(A) with an aggregate aboveground storage 
 capacity greater than 2,500 gallons and less 
 than the lesser of--
 [(i) 6,000 gallons; and
 [(ii) the adjustment quantity 
 established under subsection (d)(2); 
 and]
 (A) with an aggregate aboveground storage 
 capacity of less than or equal to 10,000 
 gallons; and
 (B) no reportable oil discharge history[; 
 and].
 [(4) not require compliance with the rule by any farm 
 with an aggregate aboveground storage capacity of less 
 than 2,500 gallons.]
 (c) Regulation of Aboveground Storage at Farms.--
 (1) Calculation of aggregate aboveground storage 
 capacity.--For purposes of subsection (b), the 
 aggregate aboveground storage capacity of a farm 
 excludes--
 (A) all containers on separate parcels that 
 have a capacity that is 1,000 gallons or less; 
 and
 (B) all containers holding animal feed 
 ingredients approved for use in livestock feed 
 by the Commissioner of Food and Drugs.
 (2) Certain farm containers.--Part 112 of title 40, 
 Code of Federal Regulations (or successor regulations), 
 shall not apply to the following containers located at 
 a farm:
 (A) Containers on a separate parcel that 
 have--
 (i) an individual capacity of not 
 greater than [1,000] 1,320 gallons; and
 (ii) an aggregate capacity of not 
 greater than [2,500] 3,000 gallons.
 (B) A container holding animal feed 
 ingredients approved for use in livestock feed 
 by the Food and Drug Administration.
 [(d) Study.--
 [(1) In general.--Not later than 1 year after the 
 date of enactment of this Act, the Administrator, in 
 consultation with the Secretary of Agriculture, shall 
 conduct a study to determine the appropriate exemption 
 under paragraphs (2) and (3) of subsection (b), which 
 shall be not more than 6,000 gallons and not less than 
 2,500 gallons, based on a significant risk of discharge 
 to water.
 [(2) Adjustment.--Not later than 18 months after the 
 date on which the study described in paragraph (1) is 
 complete, the Administrator, in consultation with the 
 Secretary of Agriculture, shall promulgate a rule to 
 adjust the exemption levels described in paragraphs (2) 
 and (3) of subsection (b) in accordance with the 
 study.]

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