[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3558 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3558

   To amend the Federal Water Pollution Control Act to preserve the 
authority of each State to make determinations relating to the State's 
            water quality standards, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2012

Mr. Manchin (for himself and Mr. Toomey) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Water Pollution Control Act to preserve the 
authority of each State to make determinations relating to the State's 
            water quality standards, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Water Cooperative Federalism 
Act of 2011''.

SEC. 2. STATE WATER QUALITY STANDARDS.

    (a) State Water Quality Standards.--Section 303(c)(4) of the 
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by striking ``(4)'' and inserting ``(4)(A)'';
            (3) by striking ``The Administrator shall promulgate'' and 
        inserting the following:
    ``(B) The Administrator shall promulgate''; and
            (4) by adding at the end the following:
    ``(C) Notwithstanding subparagraph (A)(ii), the Administrator may 
not promulgate a revised or new standard for a pollutant in any case in 
which the State has submitted to the Administrator and the 
Administrator has approved a water quality standard for that pollutant, 
unless the State concurs with the Administrator's determination that 
the revised or new standard is necessary to meet the requirements of 
this Act.''.
    (b) Federal Licenses and Permits.--Section 401(a) of such Act (33 
U.S.C. 1341(a)) is amended by adding at the end the following:
    ``(7) With respect to any discharge, if a State or interstate 
agency having jurisdiction over the navigable waters at the point where 
the discharge originates or will originate determines under paragraph 
(1) that the discharge will comply with the applicable provisions of 
sections 301, 302, 303, 306, and 307, the Administrator may not take 
any action to supersede the determination.''.
    (c) State NPDES Permit Programs.--Section 402(c) of such Act (42 
U.S.C. 1342(c)) is amended by adding at the end the following:
            ``(5) Limitation on authority of administrator to withdraw 
        approval of state programs.--The Administrator may not withdraw 
        approval of a State program under paragraph (3) or (4), or 
        limit Federal financial assistance for the State program, on 
        the basis that the Administrator disagrees with the State 
        regarding--
                    ``(A) the implementation of any water quality 
                standard that has been adopted by the State and 
                approved by the Administrator under section 303(c); or
                    ``(B) the implementation of any Federal guidance 
                that directs the interpretation of the State's water 
                quality standards.''.
    (d) Limitation on Authority of Administrator To Object to 
Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is 
amended by adding at the end the following:
    ``(5) The Administrator may not object under paragraph (2) to the 
issuance of a permit by a State on the basis of--
            ``(A) the Administrator's interpretation of a water quality 
        standard that has been adopted by the State and approved by the 
        Administrator under section 303(c); or
            ``(B) the implementation of any Federal guidance that 
        directs the interpretation of the State's water quality 
        standards.''.

SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL.

    (a) Authority of EPA Administrator.--Section 404(c) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344(c)) is amended--
            (1) by striking ``(c)'' and inserting ``(c)(1)''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) shall not apply to any permit if the State in 
which the discharge originates or will originate does not concur with 
the Administrator's determination that the discharge will result in an 
unacceptable adverse effect as described in paragraph (1).''.
    (b) State Permit Programs.--The first sentence of section 404(g)(1) 
of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The 
Governor of any State desiring to administer its own individual and 
general permit program for the discharge'' and inserting ``The Governor 
of any State desiring to administer its own individual and general 
permit program for some or all of the discharges''.

SEC. 4. DEADLINES FOR AGENCY COMMENTS.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) in subsection (m) by striking ``ninetieth day'' and 
        inserting ``30th day (or the 60th day if additional time is 
        requested)''; and
            (2) in subsection (q)--
                    (A) by striking ``(q)'' and inserting ``(q)(1)''; 
                and
                    (B) by adding at the end the following:
    ``(2) The Administrator and the head of a department or agency 
referred to in paragraph (1) shall each submit any comments with 
respect to an application for a permit under subsection (a) or (e) not 
later than the 30th day (or the 60th day if additional time is 
requested) after the date of receipt of an application for a permit 
under that subsection.''.

SEC. 5. APPLICABILITY OF AMENDMENTS.

    The amendments made by this Act shall apply to actions taken on or 
after the date of enactment of this Act, including actions taken with 
respect to permit applications that are pending or revised or new 
standards that are being promulgated as of such date of enactment.

SEC. 6. REPORTING ON HARMFUL POLLUTANTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Administrator of the Environmental Protection 
Agency shall submit to Congress a report on any increase or reduction 
in waterborne pathogenic microorganisms (including protozoa, viruses, 
bacteria, and parasites), toxic chemicals, or toxic metals (such as 
lead and mercury) in waters regulated by a State under the provisions 
of this Act, including the amendments made by this Act.

SEC. 7. PIPELINES CROSSING STREAMBEDS.

    None of the provisions of this Act, including the amendments made 
by this Act, shall be construed to limit the authority of the 
Administrator of the Environmental Protection Agency, as in effect on 
the day before the date of enactment of this Act, to regulate a 
pipeline that crosses a streambed.

SEC. 8. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY.

    (a) Analysis of Impacts of Actions on Employment and Economic 
Activity.--
            (1) Analysis.--Before taking a covered action, the 
        Administrator shall analyze the impact, disaggregated by State, 
        of the covered action on employment levels and economic 
        activity, including estimated job losses and decreased economic 
        activity.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall utilize the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 
                31st of each year, the Comptroller General of the 
                United States shall submit to Congress a report on the 
                economic models used by the Administrator to carry out 
                this subsection.
            (3) Availability of information.--With respect to any 
        covered action, the Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Internet Web site of the 
                Environmental Protection Agency; and
                    (B) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post such analysis in the Capitol of such State.
    (b) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a covered action will have more than a 
        de minimis negative impact on employment levels or economic 
        activity in a State, the Administrator shall hold a public 
        hearing in each such State at least 30 days prior to the 
        effective date of the covered action.
            (2) Time, location, and selection.--A public hearing 
        required under paragraph (1) shall be held at a convenient time 
        and location for impacted residents. In selecting a location 
        for such a public hearing, the Administrator shall give 
        priority to locations in the State that will experience the 
        greatest number of job losses.
    (c) Notification.--If the Administrator concludes under subsection 
(a)(1) that a covered action will have more than a de minimis negative 
impact on employment levels or economic activity in any State, the 
Administrator shall give notice of such impact to the State's 
Congressional delegation, Governor, and Legislature at least 45 days 
before the effective date of the covered action.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered action.--The term ``covered action'' means any 
        of the following actions taken by the Administrator under the 
        Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
                    (A) Issuing a regulation, policy statement, 
                guidance, response to a petition, or other requirement.
                    (B) Implementing a new or substantially altered 
                program.
            (3) More than a de minimis negative impact.--The term 
        ``more than a de minimis negative impact'' means the following:
                    (A) With respect to employment levels, a loss of 
                more than 100 jobs. Any offsetting job gains that 
                result from the hypothetical creation of new jobs 
                through new technologies or government employment may 
                not be used in the job loss calculation.
                    (B) With respect to economic activity, a decrease 
                in economic activity of more than $1,000,000 over any 
                calendar year. Any offsetting economic activity that 
                results from the hypothetical creation of new economic 
                activity through new technologies or government 
                employment may not be used in the economic activity 
                calculation.
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