[House Report 104-114]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-114
_______________________________________________________________________


 
PROVIDING FOR THE CONSIDERATION OF H.R. 961, THE CLEAN WATER AMENDMENTS 
                                OF 1995

                                _______


 May 9, 1995.--Referred to the House Calendar and ordered to be printed

   Mr. Quillen, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 140]
    The Committee on Rules, having had under consideration 
House Resolution 140, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 961, 
the ``Clean Water Amendments of 1995'' under an open rule. The 
rule provides two hours of general debate divided equally 
between the chairman and ranking minority member of the 
Committee on Transportation and Infrastructure.
    The rule waives section 302(f) of the Budget Act, 
prohibiting new budget authority in excess of a committee's 
section 602(b) allocation against consideration of the bill.
    The rule makes in order the committee amendment in the 
nature of a substitute as original text for amendment purposes. 
Clause 7 of rule XVI, prohibiting non-germane amendments, 
clause 5(a) of rule XXI, prohibiting appropriations in a 
legislative bill, and section 302(f) of the Budget Act, are 
waived against the amendment in the nature of a substitute. The 
substitute shall be considered by title instead of section for 
amendment, and each title shall be considered as read.
    The rule first makes in order an amendment by 
Representative Shuster printed in the Rules Committee report 
which shall be considered as read, is not subject to amendment 
or to a division of the question, and is debatable for 10 
minutes. If adopted, the amendment shall be considered as 
original text for further amendment purposes. The Chair may 
accord priority in recognition to Members who have preprinted 
their amendments in the Congressional Record.
    Finally, the rule provides one motion to recommit, with or 
without instructions.

  Explanation of waivers for H.R. 961, clean water amendments of 1995

    Sec. 302(f), Budget Act.--This waiver of the prohibition 
against legislation containing new budget authority in excess 
of a committee's section 602(b) budget allocation may be 
necessary because the provisions of section 316(a) of the bill 
and amendment in the nature of a substitute waive sovereign 
immunity in limited instances to permit States to sue the 
Federal government and therefore may entail a cost to the 
Federal government resulting from the suits. However, CBO 
cannot quantify this provision.
    Clause 7, rule XVI.--The germaneness waiver is necessary 
for the substitute because it includes statutorily unrelated 
matter in Title IX, relating to the Marine Protection, Research 
and Sanctuaries Act, and to ocean dumping permits, not 
contained in the introduced bill.
    Clause 5(a), rule XXI.--The waiver of the rule prohibiting 
appropriations in a legislative bill is necessary because of at 
least two provisions in the substitute. Section 107(c) permits 
the Administrator of the Great Lakes Research Council to accept 
non-Federal contributions to carry out pilot projects. And, 
section 803 permits an agency to reprogram funds appropriated 
to it for the purpose of paying compensation to certain 
property owners due to Federal limitations on the use of their 
land.
    The amendment made in order by the rule to be considered 
first.

An Amendment To Be Offered by Representative Shuster of Pennsylvania or 
           a Designee, Debatable for Not To Exceed 10 Minutes
  Page 6, line 21, before the first period insert the 
following:
        and not unreasonably restrict outdoor recreation and 
        other socially beneficial activities
  Page 7, strike lines 14 through 16 and insert the following:
  (b) Basic Research and Grants to Local Governments.--Section 
104(b)(3) (33 U.S.C. 1254(B)(3)) is amended to read as follows:
          ``(3) in cooperation with Federal, State and local 
        agencies and public or private institutions, 
        organizations, or individuals, conduct and promote a 
        comprehensive program of basic research, experiments, 
        and studies relating to causes, sources, effects, 
        extent, prevention, and detection of water pollution 
        and make grants to State water pollution control 
        agencies, interstate agencies, local governments, other 
        public or nonprofit private agencies, institutions, 
        organizations, and individuals for such purposes;''.
  Page 8, line 1, after ``grants to'' insert ``States, local 
governments, and''.
  Page 8, line 3, after ``works'' insert ``(including treatment 
works that utilize an alternative wastewater treatment 
system)''.
  Page 8, line 17, after ``works'' insert ``and alternative 
wastewater treatment systems''.
  Page 8, line 20, strike ``water'' and insert ``wastewater''.
  Page 9, strike lines 6 through 13 and insert the following:
          (2) by inserting before the period at the end the 
        following: ``; (7) not to exceed $21,243,100 per fiscal 
        year for each of fiscal years 1996 through 2000 for 
        carrying out the provisions of subsection (b)(3); and 
        (8) not to exceed $10,000,000 per fiscal year for each 
        of fiscal years 1996 through 2000 for carrying out the 
        provisions of subsections (b)(8) and (b)(9)''.
  Page 31, line 15, after ``works'' insert ``and alternative 
wastewater treatment systems''.
  Page 32, line 15, strike ``not later than'' and all that 
follows through ``established'' on line 16 and insert the 
following:
        within a reasonable period of time as determined by the 
        Administrator or the State, as appropriate, considering 
        facility planning, design, construction, and other 
        implementation factors
  Page 34, line 5, strike ``such Act'' and insert ``the Surface 
Mining Control and Reclamation Act of 1977''.
  Page 34, strike lines 6 through 10 and insert the following:
                  ``(B) the post-mining levels of pollutants 
                (other than pH) discharged from such operation 
                do not exceed the levels of pollutants 
                discharged from the remined area before the 
                coal remining operation began and the post-
                mining pH levels of the discharges from the 
                remined area are not reduced below the pH 
                levels of the discharges from the remined area 
                before the coal remining operation began.''.
  Page 36, line 14, strike ``shall reduce'' and all that 
follows through the period on line 17 and insert the following:
        shall take into account the permittee's good-faith 
        efforts to implement the innovation and to comply with 
        any interim limitations and may reduce or eliminate the 
        penalty for such violation.
  Page 37, line 5, strike the closing quotation marks and the 
final period.
  Page 37, after line 5, insert the following:
          ``(5) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to authorize the 
        Administrator or a State to enforce, place conditions 
        on, or otherwise regulate emissions into the air or the 
        treatment, storage, or disposal of solid waste or 
        require or enforce conditions on the manufacturing or 
        processing of a chemical substance or mixture in any 
        permit issued under this Act.''.
  Page 37, lines 12 and 13, strike ``Notwithstanding any other 
provision of this Act, the Administrator'' and insert ``The 
Administrator''.
  Page 37, line 15, insert ``at the request of the permittee 
and'' before ``after public notice''.
  Page 37, lines 17 and 18, strike ``subsection (b)'' and 
insert ``subsection (b)(1)(A), (b)(2)(A), or (b)(2)(E)''.
  Page 37, line 24, insert ``from the facility'' after 
``pollutants''.
  Page 38, line 7, strike ``subsection (b)'' and insert 
``subsection (b)(1)(A), (b)(2)(A), or (b)(2)(E)''.
  Page 38, after line 23, insert the following:
          ``(4) Limitations on modifications.--A modification 
        of an otherwise applicable limitation or standard may 
        not be made under this subsection if such 
        modification--
                  ``(A) will cause a receiving body of water 
                that is meeting its designated use for all 
                pollutants to no longer meet such use;
                  ``(B) will prevent a receiving body of water 
                that is not meeting its designated use for all 
                pollutants from meeting such use; or
                  ``(C) will cause the introduction of 
                pollutants into a publicly owned treatment 
                works that interferes with, passes through, or 
                is otherwise incompatible with such works or 
                will cause such works to violate its permit 
                under section 402 of this Act.
          ``(5) Guidance.--Not later than 270 days after the 
        date of the enactment of this subsection, the 
        Administrator shall publish guidance for determining 
        whether a modification of an otherwise applicable 
        limitation or standard under this subsection will 
        achieve an overall reduction in emissions to the 
        environment and result in an overall net benefit to the 
        environment. In developing such guidance, the 
        Administrator shall consult with the States and other 
        interested parties.
          ``(6) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to authorize the 
        Administrator or a State to enforce, place conditions 
        on, or otherwise regulate emissions into the air or the 
        treatment, storage, or disposal of solid waste or 
        require or enforce conditions on the manufacturing or 
        processing of a chemical substance or mixture in any 
        permit issued under this Act.
  Page 38, line 24, strike ``(4)'' and insert ``(7)''.
  Page 39, lines 8 and 9, strike ``Notwithstanding any other 
provision of this Act, the Administrator'' and insert ``The 
Administrator''.
  Page 41, line 22, after the period insert the following:
        Nothing in this subsection shall be construed to 
        authorize the Administrator or a State to enforce, 
        place conditions on, or otherwise regulate emissions 
        into the air or the treatment, storage, or disposal of 
        solid waste or require or enforce conditions on the 
        manufacturing or processing of a chemical substance or 
        mixture in any permit issued under this Act.
  Page 41, after line 22, insert the following:
          ``(6) Limitations on modifications.--A modification 
        of an otherwise applicable limitation or standard may 
        not be made under this subsection if such 
        modification--
                  ``(A) will cause a receiving body of water 
                that is meeting its designated use for all 
                pollutants to no longer meet such use;
                  ``(B) will prevent a receiving body of water 
                that is not meeting its designated use for all 
                pollutants from meeting such use; or
                  ``(C) will cause the introduction of 
                pollutants into a publicly owned treatment 
                works that interferes with, passes through, or 
                is otherwise incompatible with such works or 
                will cause such works to violate its permit 
                under section 402 of this Act.
          ``(7) Guidance.--Not later than 270 days after the 
        date of the enactment of this subsection, the 
        Administrator shall publish guidance for determining 
        whether a modification of an otherwise applicable 
        limitation or standard under this subsection will 
        achieve an overall reduction in discharges to the 
        watershed and result in an overall net benefit to the 
        environment. In developing such guidance, the 
        Administrator shall consult with the States and other 
        interested parties.
  Page 41, line 23, strike ``(6)'' and insert ``(8)''.
  Page 51, line 8, insert ``applicable to such waters for all 
pollutants'' after ``uses''.
  Page 51, strike line 18 and all that follows through line 4 
on page 52.
  Page 52, line 5, strike ``(iv)'' and insert ``(iii)''.
  Page 52, after line 10, insert the following:
  (d) Consideration of Influence of Exotic Species.--Section 
303(c)(2) is further amended by adding at the end the 
following:
                  ``(D) Consideration of influence of exotic 
                species.--In establishing, adopting, or 
                reviewing standards or goals based upon 
                fishable or swimmable uses or uses to assure 
                protection or propagation of a balanced 
                population of fish, shellfish, and wildlife, 
                the State or the Administrator shall consider 
                the influence of exotic or introduced species 
                upon such standards, goals, or uses.
                  ``(E) Reclaimed wastewater.--If a State 
                adopts or reviews water quality standards and 
                policies pursuant to this section, the State 
                may consider and balance, in addition to other 
                factors referred to in this section, the need 
                for allowing the discharge of reclaimed 
                wastewater to navigable waters to promote the 
                beneficial use of reclaimed wastewater. In 
                addition, the State may take into consideration 
                and reflect in the standards--
                          ``(i) the use and value of reclaimed 
                        wastewater for public water supplies;
                          ``(ii) the physical, chemical, and 
                        biological conditions that influence 
                        water quality in the area subject to 
                        the standards, including extremes of 
                        temperature, water flow, turbidity, 
                        mineralization, salinity, and flooding; 
                        and
                          ``(iii) whether the discharge of 
                        reclaimed wastewater will result in a 
                        net environmental benefit to the 
                        watershed subject to the standards.''.
  (e) Clarification of Mixing Zone Authority.--Section 303 (33 
U.S.C. 1313) is amended by adding at the end the following:
  ``(i) Continuation of Mixing Zones.--Nothing in this Act 
shall be construed to authorize the Administrator to prohibit 
or discontinue mixing zones established by any State for any 
pollutant or class of pollutants.''.
  Page 52, line 22, strike ``an aquatic species'' and all that 
follows through ``criteria'' on line 24 and insert the 
following:
        an aquatic species that is indigenous to the type of 
        waters, a species that is representative of such a 
        species, or an appropriate species that indicates the 
        toxicity of the effluent in the receiving waters
  Page 54, line 1, after ``demonstrates'' insert ``to the 
permitting authority''.
  Page 54, lines 3 and 4, strike ``indigenous, or 
representative of indigenous, and relevant'' and insert 
``indigenous''.
  Page 54, line 6, after ``applicable'' insert ``numerical''.
  Page 54, line 7, after ``standards'' insert ``for specific 
pollutants''.
  Page 54, line 10, strike ``works'' and all that follows 
through the final period on line 12 and insert the following:
                works--
                          ``(i) if the source or cause of such 
                        toxicity cannot, after thorough 
                        investigation, be identified; or
                          ``(ii) if the permittee makes to the 
                        permitting authority a demonstration 
                        described in subparagraph (A).''.
  Page 54, line 23, strike ``(D)'' and insert ``(F)''.
  Page 61, line 16, after the first period insert the 
following:
                In the case of ammonia, the Administrator shall 
                revise the criteria only to the extent that the 
                current criteria are more stringent than 
                necessary to achieve the objectives of this 
                Act.
  Page 63, after line 3, insert the following:
  (e) Industrial Publicly Owned Treatment Works.--Section 
304(d) (33 U.S.C. 1314(d)) is amended by adding at the end the 
following:
          ``(5) Industrial publicly owned treatment works.--
                  ``(A) Guidelines.--Not later than 18 months 
                after the date of the enactment of this 
                paragraph, the Administrator, after 
                consultation with appropriate Federal and State 
                agencies and other interested persons, shall 
                publish guidelines for effluent limitations 
                under section 301 and sludge use and disposal 
                requirements under section 405 applicable to 
                publicly owned treatment works designed to 
                treat a predominance of industrial wastewater. 
                Such guidelines shall take into account 
                differences in constituents, treatability, 
                available technology procedures, and costs 
                resulting from the fact that the publicly owned 
                treatment works treat wastewater and manage 
                sludge derived predominantly from industrial 
                sources.
                  ``(B) Permits.--Following the issuance of 
                guidelines under this paragraph, permits under 
                section 402 for such publicly owned treatment 
                works shall be derived using the guidelines 
                issued under this paragraph in lieu of applying 
                the regulations otherwise applicable to 
                publicly owned treatment works promulgated 
                under paragraph (1) of this subsection and 
                section 405(d).''.
  Page 63, line 4, strike ``(e)'' and insert ``(f)''.
  Page 63, line 7, strike ``3 years'' and insert ``1 year''.
  Page 63, line 24, strike ``(f)'' and insert ``(g)''.
  Page 63, line 4, strike ``(g)'' and insert ``(h)''.
  Page 64, strike line 15 and insert the following:

SEC. 308. PERSONNEL AND REPORTING.

  Conform the table of contents of the bill accordingly.
  Page 64, line 16, before ``Section'' insert ``(a) Permitting 
Boards.--''.
  Page 64, after line 23, insert the following:
  (b) Reporting.--Section 305(b) (33 U.S.C. 1315(b)) is 
amended--
          (1) in paragraph (1) by striking the matter preceding 
        subparagraph (A) and inserting ``Not later than 3 years 
        after the date of the enactment of the Clean Water 
        Amendments of 1995, and every 5 years thereafter, each 
        State shall prepare and submit to the Administrator a 
        report which shall include--''; and
          (2) by adding at the end the following:
  ``(c) Consolidation of Reporting Requirements.--A State may 
consolidate any of the reporting requirements of this Act that 
relate to ambient water quality into the report required under 
this section.''.
  Page 65, line 5, strike ``(5)'' and insert ``(6)''.
  Page 68, line 20, strike ``20,000'' and insert ``10,000''.
  Page 68, line 25, after ``alternative'' insert 
``wastewater''.
  Page 74, line 19, strike ``and''.
  Page 74, line 22, after the semicolon insert ``and''.
  Page 74, after line 22, insert the following:
                  ``(E) local limits established by such 
                treatment works in its approved pretreatment 
                program are preventing and will continue to 
                prevent the introduction of pollutants into 
                such treatment works that interfere with, pass 
                through, or are otherwise incompatible with 
                such treatment works;
  Page 75, lines 1 and 5, before ``local'' insert ``approved''.
  Page 84, line 14, strike ``or runoff''.
  Page 92, line 2, after ``vessel'' insert ``or other 
facility''.
  Page 93, strike line 7 and all that follows through line 2 on 
page 95 and insert the following:

SEC. 318. COOLING WATER INTAKE STRUCTURES.

  Section 316(b) (33 U.S.C. 1326(b)) is amended--
          (1) by inserting after ``(b)'' the following: 
        ``Regulation of Cooling Water Intake Structures.--'';
          (2) by inserting before ``Any'' the following: ``(1) 
        In general.--'';
          (3) by indenting paragraph (1), as designated by 
        paragraph (2) of this section, and moving such 
        paragraph 2 ems to the right; and
          (4) by adding at the end the following:
          ``(2) Intake structure considerations.--
                  ``(A) In general.--The Administrator shall 
                require the application of the best technology 
                available to new and existing cooling water 
                intake structures in instances where the 
                Administrator has determined that such a 
                structure is having or could have a significant 
                adverse impact on the aquatic environment.
                  ``(B) New intake structure.--In identifying 
                the best technology available for any new 
                cooling water intake structure pursuant to 
                subparagraph (A), the Administrator shall 
                consider, at a minimum, the following:
                          ``(i) The relative technological, 
                        engineering, and economic feasibility 
                        of available intake structure 
                        technologies for minimizing adverse 
                        impacts to the aquatic environment.
                          ``(ii) The relative technological, 
                        engineering, and economic feasibility 
                        of available alternatives as to the 
                        location, design, construction, and 
                        capacity of the intake structure.
                          ``(iii) The relative environmental, 
                        social, and economic costs and benefits 
                        of available technologies and 
                        alternatives identified pursuant to 
                        this subparagraph or subparagraph (D).
                          ``(iv) The projected useful life of 
                        the point source at which the new 
                        cooling water intake structure is 
                        located.
                  ``(C) Existing intake structures.--In 
                identifying the best technology available for 
                an existing cooling water intake structure 
                pursuant to subparagraph (A), the Administrator 
                shall consider, at a minimum, the following:
                          ``(i) The relative technological, 
                        engineering, and economic feasibility 
                        of reasonably available intake 
                        structure retrofit technologies for 
                        minimizing adverse impacts to the 
                        aquatic environment.
                          ``(ii) The relative environmental, 
                        social, and economic costs and benefits 
                        of available technologies and 
                        alternatives identified pursuant to 
                        this subparagraph or subparagraph (D).
                          ``(iii) The projected remaining 
                        useful life of the point source at 
                        which the existing cooling water intake 
                        structure is located.
                  ``(D) Consideration of alternatives.--In 
                identifying the best technology available for 
                any new or existing cooling water intake 
                structure, the Administrator shall consider 
                environmental enhancements or any other 
                technique that the owner or operator has 
                identified as appropriate alternatives for 
                minimizing adverse impacts to the aquatic 
                environment.
          ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) New cooling water intake structure.--
                The term `new cooling water intake structure' 
                means any intake structure the construction of 
                which commences after the publication of final 
                regulations implementing this subsection.
                  ``(B) Existing cooling water intake 
                structure.--The term `existing cooling water 
                intake structure' means any intake structure 
                that is not a new cooling water intake 
                structure.''.
  Page 109, line 3, strike ``and''.
  Page 109, after line 3, insert the following:
                  ``(E) providing financial assistance with 
                respect to those water pollution control 
                activities which have as their principal 
                purpose the protection of public water 
                supplies; and
  Page 109, line 4, strike ``(E)'' and insert ``(F)''.
  Page 114, line 23, strike ``(j)'' and insert ``(h)''.
  Page 117, line 7, before ``livestock'' insert ``agricultural 
inputs, including''.
  Page 117, line 7, after ``manure'' insert a comma.
  Page 117, after line 18, insert the following:
  (q) Control of Salt Water Intrusion.--Section 319 is further 
amended by adding at the end the following:
  ``(s) Control of Salt Water Intrusion.--Nothing in this 
section authorizes the Administrator to require a State to 
identify or establish procedures and methods to control salt 
water intrusion beyond what is provided for in section 
208(b)(2)(I).''.
  Page 136, line 16, strike ``and'' and all that follows 
through the period on line 24 and insert the following:
        , based on available information, and submit to the 
        Administrator for approval a stormwater management 
        program--
                  ``(A) that controls pollution added from 
                stormwater discharges to the navigable waters 
                within the boundaries of the State and improves 
                the quality of such waters; and
                  ``(B) that the State proposes to establish 
                and administer under State law or interstate 
                compact to apply and assure compliance with 
                this section.
        The initial program submission must meet the 
        requirements of this subsection and specifically 
        address the first 5 fiscal years beginning after the 
        date of submission of such management program.
  Page 137, lines 24 and 25, strike ``established under 
subsection (i)''.
  Page 148, line 24, after the period insert the following: 
``If, upon review of a stormwater pollution prevention plan, 
the State determines that the plan is inadequate, the State may 
require the facility to modify the plan.''
  Page 150, line 24, after the first comma insert ``or''.
  Page 150, line 24, strike ``or (c)(2)(F),''.
  Page 152, line 8, after ``permits'' insert ``and effluent 
guidelines''.
  Page 152, line 12, after ``a'' insert ``stormwater''.
  Page 152, line 14, after ``1987,'' insert ``or with respect 
to which an effluent guideline has been issued before February 
4, 1987''.
  Page 153, line 15, strike ``(b)'' and insert ``(c)''.
  Page 159, lines 17 and 18, strike ``of this Act''.
  Page 161, strike line 4 and all that follows through line 24 
on page 162.
  Page 163, line 1, strike ``(j)'' and insert ``(i)''.
  Page 163, line 14, strike ``(k)'' and insert ``(j)''.
  Page 163, line 16 strike ``1996'' and insert ``1998''.
  Page 165, line 10, strike ``(l)'' and insert ``(k)''.
  Page 165, line 10, strike ``Stormwater''.
  Page 166, line 12, before the comma insert ``and section 
304(a)(13)''.
  Page 166, line 20, strike ``(m)'' and insert ``(l)''.
  Page 167, line 1, strike ``(n)'' and insert ``(m)''.
  Page 167, line 8, strike ``(o)'' and insert ``(n)''.
  Page 167, line 12, strike ``(p)'' and insert ``(o)''.
  Page 168, line 2, after the period insert the following: 
``Land that was previously used for mining activities for which 
reclamation requirements of the Surface Mining Control and 
Reclamation Act of 1977 have been met and a performance bond or 
deposit required under section 509 of such Act has been 
released under section 519 of such Act shall no longer be 
considered an ore mining and dressing site.''
  Page 168, after line 17, insert the following:
          ``(5) Active coal mining sites.--Discharges comprised 
        entirely of stormwater from an active coal mining site 
        operating under a permit issued under the Surface 
        Mining Control and Reclamation Act of 1977 shall be 
        subject to section 319.
  Page 168, line 18, strike ``(5)'' and insert ``(6)''.
  Page 169, after line 19, insert the following:
  (d) Development of Stormwater Criteria.--Section 304(a) is 
further amended by adding at the end the following:
          ``(13) Development of stormwater criteria.--
                  ``(A) In general.--To reflect the episodic 
                character of stormwater which results in 
                significant variances in the volume, 
                hydraulics, hydrology, and pollutant load 
                associated with stormwater discharges, the 
                Administrator shall establish, as an element of 
                the water quality standards established for the 
                designated uses of the navigable waters, 
                stormwater criteria which protect the navigable 
                waters from impairment of the designated 
                beneficial uses caused by stormwater 
                discharges. The criteria shall be 
                technologically and financially feasible and 
                may include performance standards, guidelines, 
                guidance, and model management practices and 
                measures and treatment requirements, as 
                appropriate, and as identified in section 322.
                  ``(B) Information to be used in 
                development.--The stormwater discharge criteria 
                to be established under this paragraph--
                          ``(i) shall be developed from--
                                  ``(I) the findings and 
                                conclusions of the 
                                demonstration programs and 
                                research conducted under 
                                section 322(h);
                                  ``(II) the findings and 
                                conclusions of the research and 
                                monitoring activities of 
                                stormwater dischargers 
                                performed in compliance with 
                                permit requirements of this 
                                Act; and
                                  ``(III) other relevant 
                                information, including 
                                information submitted to the 
                                Administrator under the 
                                industrial group permit 
                                application process in effect 
                                under section 402 of this Act 
                                on the day before the date of 
                                the enactment of this 
                                paragraph;
                          ``(ii) shall be developed in 
                        consultation with persons with 
                        expertise in the management of 
                        stormwater (including officials of 
                        State and local government, industrial 
                        and commercial stormwater dischargers, 
                        and public interest groups); and
                          ``(iii) shall be established as an 
                        element of the water quality standards 
                        that are developed and implemented 
                        under this Act by not later than 
                        December 31, 2008.''.
  Page 169, line 20, strike ``(d)'' and insert ``(e)''.
  Page 169, line 24, before the period insert ``that is subject 
to section 322''.
  Page 182, line 1, strike ``An'' and insert ``If an''.
  Page 182, line 2, strike ``that''.
  Page 182, line 6, strike ``may'' and all that follows through 
``use'' on line 9 and insert ``, such system or facility is 
exempt from this Act''.
  Page 183, strike lines 4 through 11 and insert the following:
  (c) Discharge Limit.--Section 402(a) (33 U.S.C. 1342(a)) is 
further amended by adding at the end the following:
          ``(7) Quantitation level.--
                  ``(A) Establishment.--Not later than 1 year 
                after the date of the enactment of this Act, 
                the Administrator shall establish quantitation 
                levels for pollutants based on the lowest level 
                at which a pollutant can be reliably quantified 
                on an interlaboratory basis for each test 
                method published under section 304(h).
                  ``(B) Permit levels.--Whenever a limitation 
                for a permit issued under this section is set 
                at a level below the quantitation level 
                established for that pollutant under 
                subparagraph (A) for the test method specified 
                in the permit, any measurement of the pollutant 
                greater than the limitation but less than the 
                quantitation level shall not be considered a 
                violation of the permit. All measurements less 
                than the quantitation level shall be deemed 
                equal to zero for purposes of determining 
                compliance with the limitation.''.
  (d) Discharges Under Permit Applications.--Section 402(k) (33 
U.S.C. 1342(k)) is amended--
          (1) in the first sentence by striking ``except'' and 
        inserting ``except for'';
          (2) in the second sentence--
                  (A) by striking ``Until December 31, 1974, 
                in'' and inserting ``In''; and
                  (B) by striking ``(1) section 301, 306, or 
                402 of this Act, or (2)'' and inserting 
                ``section 402 of this Act or''; and
                  (C) by inserting before the period at the end 
                the following: ``, and provided further that if 
                the discharge results in a violation of 
                effluent limitations or standards promulgated 
                under section 301, 302, 303, 304, 306, or 307 
                of this Act that would be applicable upon 
                issuance of a permit such discharge shall be 
                considered unlawful under section 301 of this 
                Act''; and
          (3) by striking the last sentence.
  Page 184, line 17, strike ``be'' and all that follows through 
``limitation'' on line 18 and insert ``have an affirmative 
defense to such alleged noncompliance''.
  Page 185, line 20, strike ``be'' and all that follows through 
``Act'' on line 21 and insert ``have an affirmative defense to 
such alleged noncompliance''.
  Page 187, line 12, strike the semicolon and insert ``or are 
directly and proximately connected; or''.
  Page 187, strike lines 13 through 17.
  Page 187, line 18, strike ``(iii)'' and insert ``(ii)''.
  Page 187, line 23, strike ``if, for conventional 
pollutants,'' and insert ``for conventional pollutants, to the 
extent that the discharger demonstrates that''.
  Page 188, line 1, insert ``or substantially similar to'' 
after ``the same as''.
  Page 188, line 12, strike ``that'' and all that follows 
through the period on line 13 and insert the following:
        in circumstances that do not meet the requirements of 
        paragraph (1), including circumstances in which the 
        source of the intake water meets the maximum 
        contaminant levels or treatment techniques for drinking 
        water contaminants established pursuant to the Safe 
        Drinking Water Act for the pollutant of concern. An 
        appropriate credit for pollutants found in intake water 
        is a credit that assures that an owner or operator of a 
        point source is not required to remove, reduce, or 
        treat the amount of any pollutant in an effluent below 
        the amount of such pollutant that is present in the 
        intake water for such facility, except to the extent 
        that the level of such pollutant in the intake water 
        will cause adverse water quality impact that would not 
        otherwise occur.
  Page 194, line 20, strike ``paragraph (3)'' and insert 
``paragraphs (2) and (3)''.
  Page 198, line 13, strike ``approved within 180 days'' and 
insert ``submitted within 90 days''.
  Page 201, after line 2, insert the following:
                  ``(F) Deemed approval of compliance plans.--A 
                compliance plan submitted under subparagraph 
                (A)(iv) shall be deemed to be approved on the 
                90th day following the date of such submission, 
                unless the Administrator notifies the 
                remediating party before such 90th day that the 
                plan has been disapproved.''.
  Page 201, line 8, strike ``or its political subdivisions,''.
  Page 201, line 12, strike ``a person described in clause 
(i)'' and insert ``a State or Indian tribe''.
  Page 202, line 4, strike ``not actively mined or'' and insert 
``neither actively mined nor''.
  Page 202, line 7, strike ``section'' and insert 
``subsection''.
  Page 203, line 17, strike ``law'' and insert ``this Act''.
  Page 211, line 17, strike ``VEGETABLE OIL'' and insert 
``NONPETROLEUM OIL PRODUCTS AND OIL SUBSTITUTES''.
  Conform the table of contents of the bill accordingly.
  Page 211, lines 18 and 19, strike ``Fats, Oils, and Greases'' 
and insert ``Petroleum and Nonpetroleum Products''.
  Page 211, lines 22 and 23, strike ``a Federal law related to 
water pollution control,'' and insert ``the Oil Pollution Act 
of 1990 or the Federal Water Pollution Control Act,''.
  
  Page 212, line 2, strike ``for--'' and insert the following:
        for petroleum and nonpetroleum oil products and oil 
        substitutes, including animal fats, vegetable oils, and 
        silicone fluids; and
  Page 212, strike lines 3 through line 6.
  Page 212, line 10, strike ``fat and oil'' and insert 
``petroleum and nonpetroleum oil products and oil 
substitutes''.
  Page 212, lines 13 through 15, strike ``animal fats and 
vegetable oils referred to in paragraph (1)(A)(i) and the 
classes of oils described in paragraph (1)(A)(ii)'' and insert 
``petroleum products and nonpetroleum oil products and oil 
substitutes''.
  Page 213, strike lines 15 and 16 and insert the following:

SEC. 508. PROGRAM AUTHORIZATIONS.

  (a) Limit on Authorizations.--No funds are authorized for any 
fiscal year after fiscal year 2000 for carrying out the 
programs and activities for which funds are authorized by this 
Act, including amendments made by this Act.
  (b) General Program Authorizations.--Section 517 (33 U.S.C. 
1376) is amended--
  Conform the table of contents of the bill accordingly.
  Page 214, after line 7, insert the following:
  (b) Treatment as States.--Section 518(e) (33 U.S.C. 1377(e)) 
is amended--
          (1) in paragraph (2)--
                  (A) by striking ``water resources which are'' 
                and inserting ``water resources within the 
                exterior boundaries of a Federal Indian 
                reservation which are on or appurtenant to 
                lands'';
                  (B) by inserting ``or'' after ``Indians,'';
                  (C) by striking ``member of an Indian tribe'' 
                and inserting ``member of the reservation's 
                governing Indian tribe'';
                  (D) by striking ``, or otherwise within the 
                borders of an Indian reservation''; and
                  (E) by striking ``and'' at the end;
          (2) by striking the period at the end of paragraph 
        (3) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) the Administrator's action does not authorize 
        the Indian tribe to regulate lands owned in whole or in 
        part by nonmembers of the tribe or the use of water 
        resources on or appurtentant to such lands.''.
  Page 214, line 8, strike ``(b)'' and insert ``(c)''.
  Page 215, line 4, strike ``(c)'' and insert ``(d)''.
  Page 215, line 17, strike ``(d)'' and insert ``(e)''.
  Page 216, line 1, strike ``(e)'' and insert ``(f)''.
  Page 222, line 13, after ``quality'' insert ``of navigable 
waters''.
  Page 224, line 22, after ``year'' insert ``or \1/2\ percent 
per year of the current valuation of such fund''.
  Page 225, line 19, strike ``amended by striking'' and insert 
the following:
amended--
          (1) by striking ``is consistent'' and inserting ``is 
        not inconsistent''; and
          (2) by striking
  Page 226, line 2, before ``treatment'' insert ``publicly 
owned''.
  Page 226, line 4, before the semicolon insert ``without 
regard to the rank of such project on the State's priority 
list''.
  Page 243, line 15, after ``Secretary'' insert ``, in 
consultation with the States,''.
  Page 246, line 2, before the semicolon insert ``based on 
verifiable, objective science''.
  Page 247, strike line 3.
  Page 247, line 4, strike ``(iv)'' and insert ``(iii)''.
  Page 247, line 5, strike ``(v)'' and insert ``(iv)''.
  Page 256, strike line 16 and all that follows through page 
257, line 6, and insert the following:
                  ``(A) Analysis.--The Secretary shall 
                determine whether to issue a permit for an 
                activity in waters of the United States 
                classified under subsection (c) as type A 
                wetlands based on--
                          ``(i) a sequential analysis that 
                        seeks, to the maximum extent 
                        practicable, to--
                                  ``(I) avoid adverse impact on 
                                the wetlands;
                                  ``(II) minimize such adverse 
                                impact on wetlands functions 
                                that cannot be avoided; and
                                  ``(III) compensate for any 
                                loss of wetland functions that 
                                cannot be avoided or minimized; 
                                and
                          ``(ii) the public interest analysis 
                        described in paragraph (3).
                  ``(B) Water dependent activity.--For purposes 
                of subparagraph (A)(i)(I), if an activity is 
                water dependent, an alternative in an area that 
                is not wetlands or waters of the United States 
                shall not be presumed to be available. A water 
                dependent activity is an activity that requires 
                access or proximity to or siting within the 
                wetlands or waters of the United States in 
                question to fulfill its basic purpose.
  Page 257, line 7, strike ``(B)'' and insert ``(C)''.
  Page 266, line 20, strike ``and''.
  Page 266, after line 20, insert the following:
                          ``(vi) provide, where appropriate, 
                        for dual use of wetlands within the 
                        mitigation bank, as long as the use 
                        other than providing compensatory 
                        mitigation under this section (I) shall 
                        not interfere with the functioning of 
                        such bank for providing such 
                        mitigation, and (II) shall not 
                        adversely impact wetlands or other 
                        waters of the United States; and
  Page 266, line 21, strike ``(vi)'' and ``(vii)''.
  Page 280, line 3, strike ``or''.
  Page 280, line 20, strike ``or''.
  Page 280, line 23, strike the period and insert ``; or''.
  Page 280, after line 23, insert the following:
                          ``(v) result from any silvicultural 
                        activity or practice undertaken on 
                        economic base lands; or
                  ``(S) result from the conduct of recreational 
                hunting or shooting.
  Page 284, strike lines 10 through 18.
  Page 284, line 19, strike ``(3)'' and insert ``(2)''.
  Page 285, line 1, strike ``section'' and all that follows 
through the final period on line 2 and insert the following:
                subtitle C of title XII of the Food Security 
                Act of 1985 (16 U.S.C. 3821 et seq.).
  Page 285, lines 11 and 19, after ``used'' insert the 
following:
                , or a good faith effort is shown by the owner 
                or operator to use such lands,
  Page 285, after line 20, insert the following:
                  ``(D) Delineations grandfathered.--
                Delineations by the Secretary of Agriculture 
                regarding wetlands on agricultural lands and 
                associated nonagricultural lands that have 
                become administratively final on or before the 
                date of enactment of the Comprehensive Wetlands 
                Conservation and Management Act of 1995 shall 
                not be subject to further delineation unless 
                the owner requests a new delineation by the 
                Secretary of Agriculture.
  Page 289, after line 9, insert the following:
                  ``(G) Permission to enter onto private 
                property.--The Secretaries shall obtain written 
                permission from the owner of private property 
                before entering such property to conduct 
                identification and classification of wetlands 
                pursuant to this paragraph.
  Page 293, line 4, before the semicolon insert the following:
                ; except that, in any case in which guidelines 
                based on such criteria alone would prohibit the 
                specification of a disposal site, the economic 
                impact on navigation and anchorage shall be 
                considered
  Page 305, after line 4, insert the following:
          ``(8) Treatment of existing programs.--Any State 
        which has received approval to administer a program 
        pursuant to this subsection before the date of the 
        enactment of the Comprehensive Wetlands Conservation 
        and Management Act of 1995 shall not be required to 
        reapply for approval and shall be permitted to continue 
        administering such program in a manner consistent with 
        the provisions of this section. Upon receipt of a 
        request from the Governor of such State, the Secretary, 
        with the concurrence of the Governor, shall amend the 
        program.
  Page 312, after line 9, insert the following:
          ``(11) Certification.--Notwithstanding any other 
        provision of this Act, the Administrator shall not, 
        either directly or indirectly, impose any requirement 
        or condition in a certification required under section 
        401 that the Secretary determines is inconsistent with 
        the provisions of this section.
  Page 312, line 10, strike ``(11)'' and insert ``(12)''.
  Page 316, after line 13, insert the following:
                  ``(N) Vernal pools.--The term `vernal pools' 
                means individual isolated wetlands that have 
                exceptional waterfowl habitat functions and 
                that exhibit the following characteristics:
                          ``(i) an area greater than \1/2\ 
                        acre;
                          ``(ii) seasonal standing for no less 
                        than 45 consecutive days during the 
                        fall and winter in an average 
                        precipitation season;
                          ``(iii) an impermeable subsurface 
                        hard pan soil layer that prevents 
                        subsurface water drainage or 
                        percolation; and
                          ``(iv) a surface outlet for relief of 
                        water flow.
  Page 316, line 14, strike ``(N)'' and insert ``(O)''.
  Page 317, after line 16, insert the following:
  ``(31) The term `farmed wetland' means those agricultural 
lands, as defined in section 404, and associated 
nonagricultural lands exhibiting wetlands characteristics, as 
delineated solely by the Secretary of Agriculture.
  Page 317, line 17, strike ``(31)'' and insert ``(32)''.
  Page 317, line 23, strike ``(32)'' and insert ``(33)''.
  Page 318, line 4, strike ``(33)'' and insert ``(34)''.
  Page 318, line 7, strike ``(34)'' and insert ``(35)''.
  Page 318, line 12, strike ``(35)'' and insert ``(36)''.
  Page 318, line 18, strike ``(36)'' and insert ``(37)''.
  Page 318, line 22, strike ``(37)'' and insert ``(38)''.
  Page 319, strike lines 5 through 11.