[Senate Report 106-190]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 324

106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-190

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 REPORTS TO CONGRESS--PROVIDING FOR THE CONTINUATION OF FEDERAL WATER 
                     POLLUTION CONTROL ACT REPORTS

                                _______
                                

                October 14, 1999.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1730]

      [Including cost estimate of the Congressional Budget Office]



    The Committee on Environment and Public Works reports an 
original bill (S. 1730), to amend the Federal Water Pollution 
Control Act to provide that certain environmental reports shall 
continue to be required to be submitted, having considered the 
same, reports favorably thereon and recommends that the bill do 
pass.

                    General Statement and Background

    The Federal Reports Elimination and Sunset Act of 1995 
(Public Law 104-66), directed the Administration to submit a 
report to the Clerk of the House listing unnecessary statutory 
reporting requirements for Federal agencies. The reporting 
requirements listed by the Administration will sunset on 
December, 21, 1999, unless Congress takes action to retain the 
requirements. While the Environment and Public Works Committee 
is supportive of efforts to eliminate unnecessary reporting 
requirements, several of the reports due to be sunsetted are 
important to policymakers and should be continued.
    There are two reports required under the Federal Water 
Pollution Control Act, also known as the Clean Water Act, that 
are necessary to develop effective environmental policy. The 
first report, the National Water Quality Inventory (NWQI), is 
authorized by section 305 of the Clean Water Act. The second 
report, the Clean Water Needs Survey (CWNS), is authorized by 
section 516 of the Clean Water Act. These reports play a 
critical role in efforts to improve and maintain our Nation's 
water quality.
    The National Water Quality Inventory is a biennial report 
submitted by the Administrator of the Environment Protection 
Agency (EPA) to the Congress. The last inventory was submitted 
in April 1996. Every 2 years, 58 States, American Indian 
Tribes, Territories, Interstate Water Commissions and the 
District of Colombia (hereafter referred to as the States) must 
submit water quality assessment reports to the EPA.
    These assessment reports provide information on surface and 
ground water quality, and programs to assess and restore water 
quality within the State. The EPA consolidates these reports 
into the NWQI. The NWQI provides a national summary of the 
health of our rivers, streams, lakes, ponds, reservoirs, Great 
Lakes, estuaries, wetlands and ocean shoreline waters. Some of 
the important information provided by the NWQI is the 
percentage of water bodies being surveyed, the leading causes 
of impairment, and the Federal programs in place to protect and 
restore water quality. The NWQI serves as the primary vehicle 
for informing the public about general water quality conditions 
in the United States.
    According to the 1996 National Water Quality Inventory, 
States assessed 53 percent of perennial streams and rivers; 40 
percent of lakes, ponds and reservoirs; 72 percent of 
estuaries; 6 percent of ocean shoreline waters; and 94 percent 
of the Great Lakes Shoreline. Nutrients were identified as the 
primary pollutant of concern for lakes and estuaries, and the 
second leading pollutant of concern for rivers. The leading 
source of pollutants is runoff from agricultural and urban 
areas.
    The information contained in the NWQI has several important 
applications. First, the NWQI provides a national perspective 
on water quality which is crucial to assessing the overall 
health of the Nation's waters and identifying the greatest 
threats to water bodies. Second, the NWQI allows policymakers 
to examine trends in water quality and sources of pollution and 
assess the effectiveness of pollution control programs. 
Finally, the EPA relies on data in the NWQI to allocate water 
pollution control grants under section 106 of the Clean Water 
Act.
    The Clean Water Needs Survey (CWNS) is required by section 
205(a) and 516(b) of the Clean Water Act. The CWNS provides a 
detailed estimate of the capital costs over a 20-year period 
eligible for funding under the State Revolving Loan Fund (SRF) 
of the Clean Water Act. Eligible capital costs include publicly 
owned, municipal wastewater collection and treatment 
facilities, facilities for the control of combined sewer 
overflows, activities designed to control stormwater runoff and 
nonpoint source pollution, and programs designed to protect the 
nation's estuaries. The survey is divided into seven 
categories, and a State-by-State breakdown for each category is 
included. The heart of the CWNS is a data base containing 
technical and cost information on approximately 16,000 publicly 
owned wastewater treatment facilities. Each successive CWNS 
updates and refines the data base.
    Both documented and modeled needs are used in developing 
the survey. Documented cost estimates included in the CWNS must 
be associated with facilities eligible for funding under the 
SRF. All cost estimates for facilities were required to be 
specific projects designed to prevent or abate a water quality 
or public health problem. Certain categories of needs, 
particularly for stormwater and nonpoint source control, are 
not being adequately reported. EPA has consequently developed 
modeled estimates for the stormwater programs and selected 
nonpoint source programs. The Agency ultimately plans to 
supplant modeled needs with documented needs as better 
information is developed in the areas of stormwater and 
nonpoint source control.
    The total 1996 documented and modeled needs are estimated 
to be $139.5 billion to satisfy all program categories eligible 
for SRF funding for the design year 2016 population. This total 
includes $44 billion for wastewater treatment, $10.3 billion 
for upgrading existing wastewater collection systems, $21.6 
billion for new sewer construction, and $41.7 billion for 
controlling combined sewer overflows. Additional data contained 
in the survey allows for a comparison between the needs of 
small communities and the total needs for the nation. Finally, 
the 1996 CWNS attempted to model and quantify the needs for 
stormwater and nonpoint source pollution control measures.
    The CWNS is used by both public and private sectors for 
planning, policy formulation and evaluation, and program 
management. Congress relies upon the CWNS to allocate 
capitalization grants for the SRF program. EPA and the States 
use the CWNS in planning how to attain and maintain clean water 
act goals. Local agencies use the CWNS to develop a 
comprehensive view of the projects and activities necessary to 
comply with the Clean Water Act. As the SRF program matures, 
the CWNS will play a critical role in determining the future 
eligibility and capitalization level for the SRF.

                        Objective of Legislation

    This bill continues to require the Administrator of the 
Environmental Protection Agency to submit the National Water 
Quality Inventory and the Clean Water Needs Survey to the 
Congress.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes the following 
evaluation of the regulatory impact of the reported bill. The 
reported bill will have no regulatory impact. This bill will 
not have any effect on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that this bill would 
impose no Federal intergovernmental unfunded mandates on State, 
local or tribal governments. All of its governmental directives 
are imposed on Federal agencies. The bill does not directly 
impose any private sector mandates.

                          Legislative History

    On September 29, 1999, the Committee on Environment and 
Public Works, in a business meeting, considered a draft bill to 
provide that certain environmental reports shall continue to be 
required to be submitted to the Congress. During consideration 
of the bill, Senator Crapo proposed an amendment to add an 
additional report to the bill. The amendment was agreed to by 
voice vote. The committee voted, by voice vote, to favorably 
report the bill, as amended, and then agreed by unanimous 
consent to file it in the Senate as three separate, original 
bills. No rollcall votes occurred on the measure.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:


                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 13, 1999.


Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.


    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for a bill to amend the 
Federal Water Pollution Control Act to provide that certain 
environmental reports shall continue to be required to be 
submitted.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for Federal costs), who can be reached at 226-2860, 
and Shelley Finlayson (for the State and local impact), who can 
be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

A bill to amend the Federal Water Pollution Control Act to provide that 
        certain environmental reports shall continue to be required to 
        be submitted, as ordered reported by the Senate Committee on 
        Environment and Public Works on September 29, 1999
    This bill would require the Environmental Protection Agency 
(EPA) to continue to collect biennial water quality inventory 
reports from the States and provide them to the Congress, and 
also to conduct a biennial survey of the local needs for 
funding from clean water State revolving loan funds and to 
report the results to the Congress. The requirement to prepare 
these reports would otherwise end on December 21, 1999. Based 
on information from EPA, CBO estimates that continuing to 
produce these reports for the Congress would cost the Federal 
government about $2 million annually, subject to the 
availability of appropriated funds. Because enactment of this 
bill would not affect direct spending or receipts, pay-as-you-
go procedures would not apply.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act. It would extend reporting 
requirements for States that are conditions of aid or part of 
States' voluntary participation in Clean Water Act programs. 
CBO estimates that any resulting costs would be minimal.
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman (for Federal costs), who can be reached at 226-2860, 
and Shelley Finlayson (for the State and local impact), who can 
be reached at 225-3220. This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

UNITED STATES CODE--TITLE 33--NAVIGATION AND NAVIGABLE WATERS

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CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL

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Subchapter III--Standards and Enforcement

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Sec. 1315. State reports on water quality; transmittal to Congress.
    (a) * * *
    (b)(1) [Each] Notwithstanding section 3003 of Public Law 
104-66 (31 U.S.C. 1113 note; 109 Stat. 734), each State shall 
prepare and submit to the Administrator by April 1, 1975, and 
shall bring up to date by April 1, 1976, and biennially 
thereafter, a report which shall include--
            (A) A description of water quality of all navigable 
        waters in such State during the preceding year, with 
        appropriate supplemental descriptions as shall be 
        required to take into account seasonal, tidal, and 
        other variations, correlated with the quality of water 
        required by the objective of this chapter (as 
        identified by the Administrator pursuant to criteria 
        published under section 1314(a) of this title) and the 
        water quality described in subparagraph (B) of this 
        paragraph;
            (B) an analysis of the extent to which all 
        navigable waters of such State provide for the 
        protection and propagation of a balanced population of 
        shellfish, fish, and wildlife, and allow recreational 
        activities in and on the water;
            (C) an analysis of the extent to which the 
        elimination of the discharge of pollutants and a level 
        of water quality which provides for the protection and 
        propagation of a balanced population of shellfish, 
        fish, and wildlife and allows recreational activities 
        in and on the water, have been or will be achieved by 
        the requirements of this chapter, together with 
        recommendations as to additional action necessary to 
        achieve such objectives and for what waters such 
        additional action is necessary;
            (D) an estimate of (i) the environmental impact, 
        (ii) the economic and social costs necessary to achieve 
        the objective of this chapter in such State, (iii) the 
        economic and social benefits of such achievement, and 
        (iv) an estimate of the date of such achievement; and
            (E) a description of the nature and extent of 
        nonpoint sources of pollutants, and recommendations as 
        to the programs which must be undertaken to control 
        each category of such sources, including an estimate of 
        the costs of implementing such programs.
    (2) [The]  Notwithstanding section 3003 of Public Law 104-
66 (31 U.S.C. 1113 note; 109 Stat. 734), the Administrator 
shall transmit such State reports, together with an analysis 
thereof, to Congress on or before October 1, 1975, and October 
1, 1976, and biennially thereafter.

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