[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2768 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2768

To amend the Federal Water Pollution Control Act to update a program to 
   provide assistance for the planning, design, and construction of 
 treatment works to intercept, transport, control, or treat municipal 
 combined sewer overflows and sanitary sewer overflows, and to require 
  the Administrator of the Environmental Protection Agency to update 
certain guidance used to develop and determine the financial capability 
    of communities to implement clean water infrastructure programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2016

   Mr. Brown 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 update a program to 
   provide assistance for the planning, design, and construction of 
 treatment works to intercept, transport, control, or treat municipal 
 combined sewer overflows and sanitary sewer overflows, and to require 
  the Administrator of the Environmental Protection Agency to update 
certain guidance used to develop and determine the financial capability 
    of communities to implement clean water infrastructure programs.

    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 Affordability Act of 
2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Infiltration.--The term ``infiltration'' means the 
        process by which stormwater enters a sanitary sewer system 
        through broken pipes or defective pipe joints.
            (3) Inflow.--The term ``inflow'' means the process by which 
        stormwater enters a sanitary sewer system through inappropriate 
        pipe connections.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.) has--
                    (A) resulted in improved water quality, habitat 
                restoration, and the protection of public health; and
                    (B) proven effective for managing municipal 
                wastewater flows under most weather conditions, 
                however, during heavy precipitation events, wastewater 
                flows to a municipal sanitary or combined sewer system 
                can overload the system, overwhelm treatment plant 
                processes, and lead to sewer overflows.
            (2) There are approximately 15,800 municipal sanitary sewer 
        systems, 770 municipal combined sewer systems, and 5,000 
        satellite collection systems that convey wastewater through 
        municipal sewer systems for treatment at publicly owned 
        treatment works.
            (3) In December 1999, Congress incorporated the national 
        Combined Sewer Overflow Control Policy of the Environmental 
        Protection Agency into section 402(q) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1342(q)), codifying framework 
        to manage wet weather events that overwhelm combined sewer 
        systems.
            (4) No other framework similar to the framework described 
        in paragraph (3) has been established for managing wet weather-
        related challenges at municipal sanitary sewer systems.
            (5) Municipal sanitary sewer systems can experience flows 
        exceeding the capacity of those sewer systems during periods in 
        which stormwater enters the system by infiltration and inflow.
            (6) The Administrator estimates that--
                    (A) more than $8,000,000,000 is needed to correct 
                infiltration and inflow throughout the United States 
                with no expectation that overflows will be eliminated;
                    (B) more than $290,000,000,000 is needed to address 
                general wastewater and stormwater management needs at 
                the municipal level over the next 20 years; and
                    (C) $335,000,000,000 of community investment is 
                needed to address drinking water needs.
            (7) The Director of the Bureau of the Census estimates that 
        municipalities spend more than $90,000,000,000 annually on 
        water and wastewater infrastructure, an amount that is second 
        only to education as a municipal budget item and greater than 
        amounts spent on roads, hospitals, police, and other essential 
        services.
            (8) Affordable treatment and management techniques are 
        available to help municipalities manage wet weather-related 
        flows affordably and cost-effectively while ensuring the 
        protection of the environment and public health.
            (9) Many communities have used wet weather wastewater 
        management techniques for decades with the approval of the 
        Administrator and Federal and State funding through grants or 
        loans.
            (10) The added challenge of extreme weather 
        unpredictability will increasingly result in--
                    (A) communities facing both intensive precipitation 
                events that will overwhelm sewer systems;
                    (B) unwanted system overflows; and
                    (C) more intensive droughts that render the more 
                costly treatment techniques a stranding of scarce 
                resources for marginal environmental benefits.
            (11) The Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.) may provide more cost-effective tools--
                    (A) to accelerate the elimination of combined 
                sewage overflows;
                    (B) to incentivize better planning for heavy 
                precipitation events;
                    (C) to enable alternative treatment and management 
                techniques that protect the environment and public 
                health; and
                    (D) to provide for better overall cost-effective 
                management of wet weather flows.

SEC. 4. SEWER OVERFLOW CONTROL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) by striking subsections (a) through (g) and inserting 
        the following:
    ``(a) Grants.--The Administrator may--
            ``(1) make grants to States for the purpose of providing 
        grants to local or regional authorities or a municipality or 
        municipal entity for use in planning, designing, and 
        constructing--
                    ``(A) treatment works to intercept, transport, 
                control, or treat municipal combined sewer overflows 
                and sanitary sewer overflows; and
                    ``(B) measures to manage, reduce, treat, or 
                recapture stormwater or subsurface drainage water; and
            ``(2) make a grant directly to a local or regional 
        authority or municipality or municipal entity for the purposes 
        described in paragraph (1).
    ``(b) Prioritization.--In selecting from among municipalities 
applying for grants under this section, a State or the Administrator 
shall give priority to--
            ``(1) an applicant that is a financially distressed 
        community, as determined by the applicable State under 
        subsection (c); and
            ``(2) an applicant that discharges into a water body, or 
        water body segment, impaired for nutrients or related pollutant 
        indicators.
    ``(c) Determination.--In determining whether a community is a 
distressed community for the purposes of subsection (b), a State shall 
consider, among other factors, the criteria described in section 
11(b)(2)(A) of the Clean Water Affordability Act of 2016.
    ``(d) Cost-Sharing.--
            ``(1) Federal share.--The Federal share of the cost of any 
        project or activity carried out using funds from a grant made 
        under subsection (a) shall be not less than 75 percent.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of any project or activity carried out using funds from a grant 
        made under subsection (a) may include--
                    ``(A) in any amount, public and private funds and 
                in-kind services; and
                    ``(B) notwithstanding section 603, financial 
                assistance, including loans, from a State water 
                pollution control revolving fund.
    ``(e) Administrative Requirements.--
            ``(1) In general.--Subject to paragraph (2), a project that 
        receives grant assistance under subsection (a) shall be carried 
        out subject to the same requirements as a project that receives 
        assistance from a State water pollution control revolving fund 
        established pursuant to title VI.
            ``(2) Determination of governor.--The requirement described 
        in paragraph (1) shall not apply to a project that receives 
        grant assistance under subsection (a) to the extent that the 
        Governor of the State in which the project is located 
        determines that a requirement described in title VI is 
        inconsistent with the purposes of this section.
    ``(f) Allocation of Funds.--
            ``(1) Fiscal year 2017.--For fiscal year 2017, subject to 
        subsection (g), the Administrator shall use the amounts made 
        available to carry out this section under subsection (i)(1) to 
        provide grants to municipalities and municipal entities under 
        subsection (a)(2) in accordance with the priority criteria 
        described in subsection (b).
            ``(2) Fiscal year 2018 and thereafter.--For fiscal year 
        2018 and each fiscal year thereafter, subject to subsection 
        (g), the Administrator shall use the amounts appropriated to 
        carry out this section under subsection (i)(1) to provide 
        grants to States under subsection (a)(1) in accordance with a 
        formula that--
                    ``(A) shall be established by the Administrator, 
                after providing notice and an opportunity for public 
                comment; and
                    ``(B) allocates to each State a proportional share 
                of the amounts based on the total needs of the State 
                for municipal combined sewer overflow controls and 
                sanitary sewer overflow controls, as identified in the 
                most recent survey--
                            ``(i) conducted under section 210; and
                            ``(ii) included in a report required under 
                        section 516(a).'';
            (2) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively;
            (3) in the first sentence of subsection (h) (as 
        redesignated by paragraph (2)), by striking ``2003'' and 
        inserting ``2017''; and
            (4) by adding at the end the following:
    ``(i) Funding.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this section--
                    ``(A) such sums as necessary for fiscal year 2017;
                    ``(B) such sums as necessary for fiscal year 2018;
                    ``(C) such sums as necessary for fiscal year 2019;
                    ``(D) such sums as necessary for fiscal year 2020; 
                and
                    ``(E) $500,000,000 for fiscal year 2021.
            ``(2) Availability of amounts.--Amounts authorized to be 
        appropriated under paragraph (1) shall remain available until 
        expended.''.

SEC. 5. TECHNOLOGY-BASED CONTROLS FOR PEAK WET WEATHER MANAGEMENT.

    Section 301 of the Federal Water Pollution Control Act (33 U.S.C. 
1311) is amended by adding at the end the following:
    ``(q) Modification of Effluent Limitations During Peak Wet Weather 
for Collections Systems.--
            ``(1) In general.--The Administrator, with concurrence of 
        the State, may issue a permit under section 402 that modifies 
        the requirements of subsection (b)(1)(B) with respect to the 
        discharge of any pollutant from a treatment facility or 
        collection system servicing a publicly owned treatment works 
        during periods of peak wet weather, if the applicant 
        demonstrates to the satisfaction of the Administrator that the 
        applicant has a peak wet weather management plan approved by 
        the Administrator or State that--
                    ``(A) defines the peak wet weather event during 
                which the plan will apply;
                    ``(B) describes the management practices to be used 
                by the applicant during peak wet weather events 
                pursuant to guidelines established by the Administrator 
                under section 304(d)(3); and
                    ``(C) protects public health and the environment.
            ``(2) Combined sewer overflows.--The Administrator may not 
        issue a permit described in paragraph (1) to a combined sewer 
        overflow.''.

SEC. 6. WET WEATHER WATER QUALITY-BASED STANDARDS.

    Section 303(c)(2) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(2)) is amended by adding at the end the following:
                    ``(C) Guidance for states.--Not later than 1 year 
                after the date of enactment of this subparagraph, and 
                occasionally thereafter, the Administrator, in 
                consultation with the States, shall publish guidance to 
                be used by the States for developing and implementing 
                peak wet weather-related water quality standards to 
                accommodate peak wet weather discharges.''.

SEC. 7. PEAK WET WEATHER WASTEWATER FLOW MANAGEMENT PRACTICES AND 
              TECHNIQUES.

    (a) In General.--Section 304(d) of the Federal Water Pollution 
Control Act (33 U.S.C. 1314(d)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Peak wet weather wastewater management practices.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Clean Water Affordability Act 
                of 2016 and periodically thereafter, the Administrator, 
                after consultation with appropriate Federal and State 
                agencies and other interested parties, shall publish 
                information and guidelines for peak wet weather 
                wastewater management practices that may be used during 
                periods of peak wet weather events by a collection 
                system that services publicly owned treatment 
                facilities--
                            ``(i) to prevent damage to the treatment 
                        facility;
                            ``(ii) to maximize the delivery of flow to 
                        the treatment facility;
                            ``(iii) to provide for appropriate cost-
                        effective controls during peak wet weather 
                        events;
                            ``(iv) to provide timely public 
                        notification; and
                            ``(v) to protect public health and the 
                        environment.
                    ``(B) Contents of guidelines.--In the guidelines 
                described in subparagraph (A), the Administrator shall 
                include--
                            ``(i) options for the types of technologies 
                        and management approaches available to manage 
                        peak wet weather-related wastewater flows, 
                        including technologies and management 
                        approaches relating to--
                                    ``(I) facility and collection 
                                system storage methods (including in-
                                system treatment methods throughout the 
                                collection system);
                                    ``(II) facility and collection 
                                system operations and maintenance 
                                systems;
                                    ``(III) monitoring;
                                    ``(IV) reporting; and
                                    ``(V) alternative treatment methods 
                                and technologies that achieve 
                                applicable water quality standards as 
                                determined by the Administrator or 
                                State;
                            ``(ii) public notification guidelines, 
                        developed in close coordination with key 
                        stakeholders, that provide timely notice to the 
                        public of wet weather events that may impact 
                        public health;
                            ``(iii) methods for defining periods of 
                        peak wet weather during which peak wet weather 
                        management options are warranted;
                            ``(iv) the duration of time after a peak 
                        wet weather event occurs in which peak wet 
                        weather management options may be used; and
                            ``(v) to the maximum extent practicable, 
                        information on the acceptable range of 
                        pollutant reduction attainable for each 
                        technology or management approach.''.
    (b) Conforming Amendments.--
            (1) Section 201(j) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1281(j)) is amended by striking ``304(d)(3)'' 
        and inserting ``304(d)(4)''.
            (2) Section 204(a)(3) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1284(a)(3)) is amended--
                    (A) by striking ``304(d)(3) of this Act for 
                grants'' and inserting ``304(d)(4) of this Act for 
                grants''; and
                    (B) by striking ``304(d)(3) of this Act.'' and 
                inserting ``304(d)(4) of this Act;''.
            (3) Section 212(1) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1292(1)) is amended by striking ``304(d)(3)'' 
        and inserting ``304(d)(4)''.
            (4) Section 301(o) of the Federal Water Pollution Control 
        Act (33 U.S.C. 1311(o)) is amended by striking ``304(d)(4)'' 
        and inserting ``304(d)(5)''.
            (5) Section 313(b)(1) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1323(b)(1)) is amended in the first 
        sentence by striking ``304(d)(3)'' and inserting ``304(d)(4)''.

SEC. 8. INTEGRATED PERMITTING PROCESS.

    (a) In General.--Section 402(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1342(a)) is amended by inserting after paragraph 
(5) the following:
            ``(6) Integrated permits.--
                    ``(A) Definition of publicly owned permittee.--In 
                this paragraph, the term `publicly owned permittee' 
                means--
                            ``(i) a treatment works (as defined in 
                        section 212) that is publicly owned; and
                            ``(ii) a municipal separate storm sewer 
                        system referred to in this section.
                    ``(B) Planning approach.--The Administrator shall 
                establish a comprehensive and integrated planning 
                approach to the obligations under this section of a 
                publicly owned permittee--
                            ``(i) under which permit obligations may be 
                        implemented according to a schedule that--
                                    ``(I) accounts for the financial 
                                capability of the publicly owned 
                                permittee;
                                    ``(II) prioritizes permit 
                                obligations according to the most cost-
                                effective and environmentally 
                                beneficial outcomes;
                                    ``(III) accounts for the 
                                preexisting maintenance, operational, 
                                and regulatory obligations of the 
                                publicly owned permittee under this 
                                section; and
                                    ``(IV) enables the publicly owned 
                                permittee to implement innovative 
                                approaches to meet those obligations; 
                                and
                            ``(ii) that accounts for changed 
                        circumstances in the obligations of the 
                        publicly owned permittee, such as--
                                    ``(I) new innovative treatment 
                                approaches;
                                    ``(II) new regulatory requirements; 
                                and
                                    ``(III) changes in financial 
                                capability.''.
    (b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting 
before the semicolon at the end the following: ``, except that a permit 
with a term of more than 5 years but not more than 15 years may be 
approved if the permittee has an approved integrated plan established 
under subsection (a)(6)''.

SEC. 9. COMBINED SEWAGE OVERFLOW LONG-TERM CONTROL PLAN.

    Section 402(q) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(q)) is amended by adding at the end the following:
            ``(4) Combined sewage overflow long-term control plan.--
                    ``(A) In general.--The Administrator shall amend 
                the CSO control policy to allow a publicly owned 
                treatment work that has an approved long-term control 
                plan to modify the plan to incorporate green 
                infrastructure and energy-efficient technologies on a 
                showing that the use of the technologies can cost-
                effectively help to meet the terms of the combined 
                sewer overflow compliance obligations of the treatment 
                work.
                    ``(B) Compliance.--The Administrator shall allow a 
                publicly owned treatment work not more than 30 years to 
                meet compliance obligations under long-term control 
                plans modified under this paragraph.''.

SEC. 10. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE 
              PROMOTION.

    Title V of the Federal Water Pollution Control Act (33 U.S.C. 1361 
et seq.) is amended--
            (1) by redesignating section 519 (33 U.S.C. 1251 note) as 
        section 520; and
            (2) by inserting after section 518 (33 U.S.C. 1377) the 
        following:

``SEC. 519. ENVIRONMENTAL PROTECTION AGENCY GREEN INFRASTRUCTURE 
              PROMOTION.

    ``(a) In General.--The Administrator shall ensure that the Office 
of Water, the Office of Enforcement and Compliance Assurance, the 
Office of Research and Development, and the Office of Policy of the 
Environmental Protection Agency promote the use of green infrastructure 
in and coordinate the integration of green infrastructure into, 
permitting programs, planning efforts, research, technical assistance, 
and funding guidance.
    ``(b) Duties.--The Administrator shall ensure that the Office of 
Water--
            ``(1) promotes the use of green infrastructure in the 
        programs of the Environmental Protection Agency; and
            ``(2) coordinates efforts to increase the use of green 
        infrastructure with--
                    ``(A) other Federal departments and agencies;
                    ``(B) State, tribal, and local governments; and
                    ``(C) the private sector.
    ``(c) Regional Green Infrastructure Promotion.--The Administrator 
shall direct each regional office of the Environmental Protection 
Agency, as appropriate based on local factors, to promote and integrate 
the use of green infrastructure within the region that includes--
            ``(1) a plan for monitoring, financing, mapping, and 
        designing the green infrastructure;
            ``(2) outreach and training regarding green infrastructure 
        implementation for State, tribal, and local governments, tribal 
        communities, and the private sector; and
            ``(3) the incorporation of green infrastructure into 
        permitting and other regulatory programs, codes, and ordinance 
        development, including the requirements under consent decrees 
        and settlement agreements in enforcement actions.
    ``(d) Green Infrastructure Information-Sharing.--The Administrator 
shall promote green infrastructure information-sharing, including 
through an Internet website, to share information with, and provide 
technical assistance to, State, tribal, and local governments, tribal 
communities, the private sector, and the public regarding green 
infrastructure approaches for--
            ``(1) reducing water pollution;
            ``(2) protecting water resources;
            ``(3) complying with regulatory requirements; and
            ``(4) achieving other environmental, public health, and 
        community goals.
    ``(e) Green Infrastructure Portfolio Standard.--The Administrator, 
in collaboration with State, tribal, and local water resource managers, 
shall establish voluntary measurable goals, to be known as the `green 
infrastructure portfolio standard', to increase the percentage of 
annual water managed by eligible entities that use green 
infrastructure.''.

SEC. 11. UPDATING OF GUIDANCE.

    (a) Definitions.--In this section:
            (1) Affordability.--The term ``affordability'' means, with 
        respect to payment of a utility bill, a measure of whether an 
        individual customer or household can pay the bill without undue 
        hardship or unreasonable sacrifice in the essential lifestyle 
        or spending patterns of the individual or household, as 
        determined by the Administrator.
            (2) Financial capability.--The term ``financial 
        capability'' means the financial capability of a community to 
        make investments necessary to make water quality-related 
        improvements, taking into consideration the criteria described 
        in subsection (b)(2)(A).
            (3) Guidance.--The term ``guidance'' means the guidance 
        published by the Administrator entitled ``Combined Sewer 
        Overflows--Guidance for Financial Capability Assessment and 
        Schedule Development'' and dated February 1997, as applicable 
        to combined sewer overflows and sanitary sewer overflows.
    (b) Updating.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall update the 
        guidance to ensure that the evaluations by the Administrator of 
        financial capability assessment and schedule development meet 
        the criteria described in paragraph (2).
            (2) Criteria.--The criteria described in this paragraph are 
        that, under the updated guidance--
                    (A) in assessing financial capability of a 
                community--
                            (i) greater emphasis should be placed on 
                        local economic conditions;
                            (ii) for regional systems, consideration 
                        should be given to the economic conditions of 
                        political jurisdictions and significant 
                        demographic groups within each region;
                            (iii) prescriptive formulas for use in 
                        calculating financial capability and thresholds 
                        for expenditure should not be considered to be 
                        the only indicator of the financial capability 
                        of a community;
                            (iv) site-specific local conditions should 
                        be taken into consideration in analyzing 
                        financial capability;
                            (v) a single measure of financial 
                        capability or affordability (such as median 
                        household income) should be viewed in the 
                        context of other economic measures, rather than 
                        as a threshold to be achieved; and
                            (vi)(I) consideration should be given to 
                        the economic outlook of a community, including 
                        the potential impact of program requirements 
                        over time, in the development of implementation 
                        schedules; and
                            (II) the assessment should take into 
                        consideration other essential community 
                        investments relating to water quality 
                        improvements;
                    (B) with respect to the timing of implementation of 
                water quality-related improvements--
                            (i) environmental improvement 
                        implementation schedules should be structured 
                        to mitigate the potential adverse impact on 
                        distressed populations resulting from the costs 
                        of the improvements; and
                            (ii) implementation schedules should--
                                    (I) reflect local community 
                                financial conditions and economic 
                                impacts; and
                                    (II) give appropriate weight to the 
                                economic, public health, and 
                                environmental benefits associated with 
                                improved water quality;
                    (C) with respect to implementation of 
                methodologies--
                            (i) a determination of local financial 
                        capability may be achieved through an 
                        evaluation of an array of factors the relative 
                        importance of which may vary across regions and 
                        localities; and
                            (ii) an appropriate methodology should give 
                        consideration to such various factors as are 
                        appropriate to recognize the prevailing and 
                        projected economic concerns in a community; and
                    (D) the residential indicator should be revised to 
                include--
                            (i) a consideration of costs imposed upon 
                        ratepayers for essential utilities;
                            (ii) increased consideration and 
                        quantification of local community-imposed costs 
                        in regional systems;
                            (iii) a mechanism to assess impacts on 
                        communities with disparate economic conditions 
                        throughout the entire service area of a 
                        utility;
                            (iv) a consideration of the industrial and 
                        population trends of a community;
                            (v) recognition that--
                                    (I) the median household income of 
                                a service area reflects a numerical 
                                median rather than the distribution of 
                                incomes within the service area; and
                                    (II) more representative methods of 
                                determining affordability, such as 
                                shelter costs, essential utility 
                                payments, and State and local tax 
                                efforts, should be considered;
                            (vi) cash-flow forecasting rather than 
                        forecasting based on a snapshot evaluation of 
                        community financial capability;
                            (vii) a consideration of low-income 
                        ratepayer percentages; and
                            (viii) impacts relating to program 
                        delivery, such as water quality infrastructure 
                        market saturation and program management.
            (3) Implementation.--The updated guidance should indicate 
        that, in a case in which a previously approved long-term 
        control plan or associated enforceable agreement allows for 
        modification of the plan or terms of the agreement (including 
        financial capability considerations), and all parties are in 
        agreement that a change is needed or that the plan or agreement 
        contains a reopener provision to address changes in the 
        economic or financial status of the community since the 
        effective date of the plan or agreement, reconsideration and 
        modification of financial capability determinations and 
        implementation schedules based on the criteria described in 
        paragraph (2) are appropriate.
    (c) Publication and Submission.--Upon completion of the updating of 
guidance under subsection (b), the Administrator shall publish in the 
Federal Register and submit to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives the updated guidance.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
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