[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4922 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4922

   To ensure that certain controversial changes to the Environmental 
Protection Agency's total maximum daily load program and permit program 
 be subjected to adequate public and congressional analysis and review.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2000

   Mr. Stenholm (for himself, Mr. Dickey, Mr. Holden, Mr. Hayes, Mr. 
Sandlin, Mr. Boehlert, Mr. Shows, Mr. Combest, Mr. Boyd, Mr. Sherwood, 
Mr. Turner, Mr. Goodlatte, Mr. Baldacci, Mr. Chambliss, Mr. Berry, Mr. 
Ewing, Mrs. Clayton, Mr. Hutchinson, Mr. Peterson of Minnesota, and Mr. 
 Green of Wisconsin) introduced the following bill; which was referred 
         to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   To ensure that certain controversial changes to the Environmental 
Protection Agency's total maximum daily load program and permit program 
 be subjected to adequate public and congressional analysis and review.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TMDL Regulatory Accountability Act 
of 2000''.

SEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC.

    The Administrator shall--
            (1) publish, not later the 5th day following the date of 
        enactment of this Act, in the Federal Register a notice 
        soliciting public comment for 120 days on revisions to 
        regulations pertaining to the national pollutant discharge 
        elimination system program and the water quality planning and 
        management program published in the Federal Register on July 
        13, 2000 (65 Fed. Reg. 43586);
            (2) solicit comments from each State regarding the impact 
        of such revisions on implementation and effectiveness of 
        existing State programs;
            (3) hold public meetings for the purpose of receiving 
        public comments on such revisions, including meetings at 
        locations that will provide a reasonable opportunity for 
        citizens of rural communities to both attend and provide 
        comments; and
            (4) maintain a record of all public comments on such 
        revisions, including comments from States under paragraph (2) 
        and comments received at public meetings under paragraph (3), 
        in a publicly available docket and, not later than the 180th 
        day following such date of enactment, publish a response to the 
        comments in the Federal Register.

SEC. 3. FILLING DATA GAPS.

    (a) In General.--Not later than the 120th day following the date of 
enactment of this Act, the Administrator shall transmit to Congress an 
analysis of the monitoring data needed for development and 
implementation of TMDLs. Such analysis shall address the data gaps 
identified by the Comptroller General in the March 2000 report issued 
by the General Accounting Office, entitled ``Water Quality, Key EPA and 
State Decisions Limited By Inconsistent and Incomplete Data'', 
including gaps in data needed to--
            (1) assess all State waters;
            (2) identify waters that are impaired;
            (3) identify pollution sources;
            (4) develop TMDLs; and
            (5) develop plans to implement TMDLs.
    (b) Data Collection Costs.--The analysis under subsection (a) shall 
include an estimate of the cost of collecting the monitoring data.
    (c) State Input.--In conducting the analysis under subsection (a) 
and estimating the costs under subsection (b), the Administrator shall 
solicit comments from each State regarding the analysis and estimate.

SEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING.

    (a) Study Required.--The Administrator shall make arrangements with 
the National Academy of Sciences to conduct a study on the scientific 
bases underlying the development of TMDLs.
    (b) Scope.--The study shall include an evaluation of each of the 
following:
            (1) The information required to identify sources of 
        pollutant loadings and their respective contributions to water 
        quality impairment.
            (2) The information required to allocate reductions in 
        pollutant loadings among sources.
            (3) Whether such information is available for use by 
        States.
            (4) Whether such information, if available, is reliable.
            (5) If such information is not available or is not 
        reliable, what methodologies should be used to obtain such 
        information.
    (c) Review.--Before submitting a report under subsection (d), the 
National Academy of Sciences shall provide appropriate Federal, State, 
and public and private sector interests an opportunity to review and 
submit written comments on the report. The final report shall 
incorporate such comments if appropriate.
    (d) Report.--Not later than the 240th day following the date of 
enactment of this Act, the National Academy of Sciences shall transmit 
a report on the study to the Administrator and Congress. The report 
shall include recommendations of the National Academy of Sciences for 
improving the methodologies evaluated under the study.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000. Such sums shall 
remain available until expended.

SEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF 
              REGULATORY CHANGES.

    (a) UMRA Analysis.--
            (1) In general.--With respect to the revisions referred to 
        in section 2, the Administrator shall prepare a written 
        statement containing the information specified in section 
        202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
        1532(a); 109 Stat. 64-65) and shall conduct the analyses 
        required under section 205 of such Act (2 U.S.C. 1535).
            (2) Recommendations of the comptroller general.--In 
        preparing the statement and conducting the analyses referred to 
        in paragraph (1)--
                    (A) the Administrator shall address the concerns 
                regarding the economic analysis performed by the 
                Administrator on these regulatory changes identified by 
                the Comptroller General in a June 21, 2000, report 
                entitled ``Clean Water Act: Proposed Revisions to EPA 
                Regulations to Clean Up Polluted Waters''; and
                    (B) the Administrator, consistent with the 
                recommendations of the Comptroller General, shall--
                            (i) use alternative baseline assumptions, 
                        including an assumption that accurately 
                        reflects the water quality data currently 
                        available for the development and 
                        implementation of TMDLs, and conduct a 
                        sensitivity analysis to assess the effect of 
                        different assumptions on the analyses;
                            (ii) quantify benefits using the same 
                        baseline assumptions used to quantify costs; 
                        and
                            (iii) consider costs to regulated entities 
                        and other Federal agencies, as well as costs to 
                        States.
    (b) Effects on Small Entities.--The Administrator shall conduct 
analyses of the effects of the revisions referred to in section 2 on 
small entities, including small businesses, small organizations, and 
small governmental organizations. Such analyses shall include, at a 
minimum--
            (1) a description of and an estimate of the number of small 
        entities to which the regulations, as revised, would apply;
            (2) the cost to small entities resulting from 
        implementation of the regulations, as revised, by States and 
        the Environmental Protection Agency; and
            (3) a description of the steps the Administrator has taken 
        to minimize the significant economic impact on small entities, 
        including a statement of the factual, policy, and legal reasons 
        for selecting the alternative adopted in the final rule and why 
        each one of the other significant alternatives to the rule 
        considered by the Administrator that affect the impact on small 
        entities was rejected.
    (c) Information From Relevant Federal Agencies.--In conducting the 
analyses under subsections (a) and (b), the Administrator shall obtain 
information from relevant Federal agencies, including the Department of 
Agriculture, the Department of Defense, and the Small Business 
Administration.
    (d) Review by the Comptroller General.--At least 60 days before 
publishing an analysis in the Federal Register for public notice and 
comment under subsection (e), the Administrator shall provide the 
Comptroller General with an opportunity to review and comment on such 
analysis.
    (e) Public Review and Comment.--The Administrator shall publish the 
analyses required under subsections (a) and (b) in the Federal Register 
not later than 150th day after the date of enactment of this Act and 
shall solicit public comment for a period of not less than 60 days. 
Comments received shall be included in the publicly available docket 
maintained under section 2.
    (f) Response to Comments.--Not later than the 60th day following 
the last day of the comment period under subsection (e), the 
Administrator shall publish a response to comments in the Federal 
Register.

SEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS.

    (a) Agency Review of Information and Regulations.--The 
Administrator shall review all information provided or developed under 
sections 2, 3, 4, and 5 and shall consider whether or not the 
Administrator should change the revisions referred to in section 2 
based upon such information.
    (b) Explanation to Congress.--Upon completing the review, but not 
later than the 270th day following the date of enactment of this Act, 
the Administrator shall transmit to Congress an explanation of the 
Administrator's decision to change or not to change the revisions 
referred to in section 2.

SEC. 7. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) TMDL.--The term ``TMDL'' has the meaning that the term 
        ``total maximum daily load'' has under section 303(d)(1)(C) of 
        the Federal Water Pollution Control Act (23 U.S.C. 
        1313(d)(1)(C)).
            (3) Small entity.--The term ``small entity'' has the 
        meaning such term has in section 601 of title 5, United States 
        Code.
            (4) State.--The term ``State'' has the meaning such term 
        has under section 502 of the Federal Water Pollution Control 
        Act (33 U.S.C. 1362).
                                 <all>