Coal Jobs Protection Act of 2014 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise the National Pollutant Discharge Elimination System (NPDES) to prohibit the Environmental Protection Agency (EPA) or a state acting pursuant to an equivalent approved state program (permitting authority) from basing a determination on whether to approve a permit for discharges from a point source (a source of water pollution that comes from a single, discrete place, such as a pipe) on the permit applicant's adherence to guidance issued by the EPA.
Authorizes an applicant, if the permitting authority does not approve or deny a substantially complete application for a new permit within 270 days after the date of receipt of an application, to discharge as if the application were approved.
Prohibits the EPA from disapproving or withdrawing approval of a state permit program under NPDES, or limiting financial assistance for the program, based on: (1) the failure of the program to incorporate or comply with EPA guidance, or (2) the implementation of a water quality standard that has been adopted by the state and approved by the EPA.
Prohibits the EPA from objecting or denying the issuance of a NPDES permit by a state based on EPA guidance or the EPA's interpretation of a water quality standard that has been adopted by the state and approved by the EPA.
(Sec. 3) Establishes deadlines for completing environmental assessments or environmental impact statements under the National Environmental Policy Act of 1969 (NEPA) if they are required for permits to discharge dredged or fill material into navigable waters. Considers permits to be approved if the Army Corps of Engineers fails to act by those deadlines. Prohibits permits from being subject to judicial review if the Secretary fails to act by the deadlines.
Requires a state to concur with the EPA's determination that a discharge will result in an unacceptable adverse effect in order for the EPA to deny or restrict the specification of any defined area as a disposal site or the use of defined areas as disposal sites.
Shortens the deadline for other agencies to submit comments to the Army Corps on a proposed discharge permit from 90 days to 30 days (or 60 days if additional time is requested).
(Sec. 4) Requires the EPA to analyze the impact of issuing a regulation, policy statement, guidance, response to a petition, or other requirement or implementing a new or substantially altered program under the Clean Water Act on employment levels or economic activity in each state before taking an action. Requires a hearing in each state if the EPA finds more than a de minimis negative impact.
(Sec. 5) Prohibits the EPA from: (1) promulgating a water quality standard for a pollutant when the EPA has approved a state water quality standard for the pollutant unless the state concurs; or (2) taking action to supersede a state's determination that a discharge will comply with discharge limitations, water quality standards, controls on the discharge of pollutants, and toxic and pretreatment discharge standards under the Clean Water Act.
(Sec. 6) Increases the authority of states to determine the list of impaired waters in their states and the Total Maximum Daily Load (TMDLs) of pollutants for those waters. Authorizes states to disregard, accept, or modify the EPA's disagreement with, and recommendations for, a state's identification of: (1) waters as areas with insufficient controls, and (2) pollutants suitable for TMDL measurement.
(Sec. 7) Codifies the current regulatory definition of "fill material," thereby determining what material is subject to the permit program for the discharge of dredged or fill material into navigable waters of the United States. Includes as fill material rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States. Exempts trash and garbage from requirements governing the discharge of fill material into waters of the United States.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5077 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5077
To amend the Federal Water Pollution Control Act to provide guidance
and clarification regarding issuing new and renewal permits, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2014
Mrs. Capito introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to provide guidance
and clarification regarding issuing new and renewal permits, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Jobs Protection Act of 2014''.
SEC. 2. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
(a) Applicability of Guidance.--Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(s) Applicability of Guidance.--
``(1) Definitions.--In this subsection:
``(A) Guidance.--
``(i) In general.--The term `guidance'
means draft, interim, or final guidance issued
by the Administrator.
``(ii) Inclusions.--The term `guidance'
includes--
``(I) the interim guidance
memorandum issued by the Administrator
on April 1, 2010, entitled `Detailed
Guidance: Improving EPA Review of
Appalachian Surface Coal Mining
Operations under the Clean Water Act,
National Environmental Policy Act, and
the Environmental Justice Executive
Order';
``(II) the proposed guidance
described in the notice of availability
and request for comments entitled `EPA
and Army Corps of Engineers Guidance
Regarding Identification of Waters
Protected by the Clean Water Act' (76
Fed. Reg. 24479 (May 2, 2011));
``(III) the final guidance
memorandum issued by the Administrator
on July 21, 2011, entitled `Improving
EPA Review of Appalachian Surface Coal
Mining Operations Under the Clean Water
Act, National Environmental Policy Act,
and the Environmental Justice Executive
Order';
``(IV) the proposed guidance
submitted to the Office of Information
and Regulatory Affairs of the Office of
Management and Budget for regulatory
review under Executive Order 12866
entitled `Guidance on Identifying
Waters Protected By the Clean Water
Act' and dated February 17, 2012
(referred to as `Clean Water Protection
Guidance', Regulatory Identifier Number
(RIN) 2040-ZA11, received February 21,
2012);
``(V) any successor document to, or
any substantially similar guidance
based in whole or in part on, any of
the foregoing guidance documents; and
``(VI) any other document or paper
proposed or issued by the Administrator
through any process other than the
notice and comment rulemaking process.
``(B) New permit.--The term `new permit' means a
permit covering discharges from a point source--
``(i) that is issued under this section by
a permitting authority; and
``(ii) for which an application is--
``(I) pending as of the date of
enactment of this subsection; or
``(II) filed on or after the date
of enactment of this subsection.
``(C) Permitting authority.--The term `permitting
authority' means--
``(i) the Administrator; or
``(ii) a State, acting pursuant to a permit
program under subsection (b).
``(2) Permits.--
``(A) In general.--Notwithstanding any other
provision of law, in making a determination whether to
approve a new permit or a renewed permit, the
permitting authority--
``(i) shall base the determination only on
compliance with regulations issued by the
Administrator or the permitting authority; and
``(ii) shall not base the determination on
the extent of adherence of the applicant for
the new permit or renewed permit to guidance.
``(B) New permits.--If the permitting authority
does not approve or deny an application for a new
permit by the date that is 270 days after the date of
receipt of a substantially complete application for the
new permit, the applicant may discharge as if the
application were approved in accordance with Federal
law for the period of time for which a similar permit
would be approved.
``(C) Substantial completeness.--In determining
whether an application for a new permit or a renewed
permit received under this paragraph is substantially
complete, the permitting authority shall use standards
for determining substantial completeness of similar
permits for similar facilities submitted in fiscal year
2007.''.
(b) State Permit Programs.--
(1) In general.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by striking subsection
(b) and inserting the following:
``(b) State Permit Programs.--
``(1) In general.--At any time after the promulgation of
the guidelines required by section 304(i)(2), the Governor of
each State desiring to administer a permit program for
discharges into navigable waters within the jurisdiction of the
State may submit to the Administrator--
``(A) a full and complete description of the
program the State proposes to establish and administer
under State law or under an interstate compact; and
``(B) a statement from the attorney general (or the
attorney for those State water pollution control
agencies that have independent legal counsel), or from
the chief legal officer in the case of an interstate
agency, that the laws of the State, or the interstate
compact, as applicable, provide adequate authority to
carry out the described program.
``(2) Approval.--The Administrator shall approve each
program for which a description is submitted under paragraph
(1) unless the Administrator determines that adequate authority
does not exist--
``(A) to issue permits that--
``(i) apply, and ensure compliance with,
any applicable requirements of sections 301,
302, 306, 307, and 403;
``(ii) are for fixed terms not exceeding 5
years;
``(iii) can be terminated or modified for
cause, including--
``(I) a violation of any condition
of the permit;
``(II) obtaining a permit by
misrepresentation or failure to
disclose fully all relevant facts; and
``(III) a change in any condition
that requires either a temporary or
permanent reduction or elimination of
the permitted discharge; and
``(iv) control the disposal of pollutants
into wells;
``(B)(i) to issue permits that apply, and ensure
compliance with, all applicable requirements of section
308; or
``(ii) to inspect, monitor, enter, and require
reports to at least the same extent as required in
section 308;
``(C) to ensure that the public, and any other
State the waters of which may be affected, receives
notice of each application for a permit and an
opportunity for a public hearing before a ruling on
each application;
``(D) to ensure that the Administrator receives
notice and a copy of each application for a permit;
``(E) to ensure that any State (other than the
permitting State), the waters of which may be affected
by the issuance of a permit may submit written
recommendations to the permitting State and the
Administrator with respect to any permit application
and, if any part of the written recommendations are not
accepted by the permitting State, that the permitting
State will notify the affected State and the
Administrator in writing of the failure of the
permitting State to accept the recommendations,
including the reasons for not accepting the
recommendations;
``(F) to ensure that no permit will be issued if,
in the judgment of the Secretary of the Army acting
through the Chief of Engineers, after consultation with
the Secretary of the department in which the Coast
Guard is operating, anchorage and navigation of any of
the navigable waters would be substantially impaired by
the issuance of the permit;
``(G) to abate violations of the permit or the
permit program, including civil and criminal penalties
and other means of enforcement;
``(H) to ensure that any permit for a discharge
from a publicly owned treatment works includes
conditions to require the identification in terms of
character and volume of pollutants of any significant
source introducing pollutants subject to pretreatment
standards under section 307(b) into the treatment works
and a program to ensure compliance with those
pretreatment standards by each source, in addition to
adequate notice, which shall include information on the
quality and quantity of effluent to be introduced into
the treatment works and any anticipated impact of the
change in the quantity or quality of effluent to be
discharged from the publicly owned treatment works, to
the permitting agency of--
``(i) new introductions into the treatment
works of pollutants from any source that would
be a new source as defined in section 306 if
the source were discharging pollutants;
``(ii) new introductions of pollutants into
the treatment works from a source that would be
subject to section 301 if the source were
discharging those pollutants; or
``(iii) a substantial change in volume or
character of pollutants being introduced into
the treatment works by a source introducing
pollutants into the treatment works at the time
of issuance of the permit; and
``(I) to ensure that any industrial user of any
publicly owned treatment works will comply with
sections 204(b), 307, and 308.''.
(2) Conforming amendments.--
(A) Federal enforcement.--Section 309 of the
Federal Water Pollution Control Act (33 U.S.C. 1319) is
amended--
(i) in subsection (c)--
(I) in paragraph (1)(A), by
striking ``402(b)(8)'' and inserting
``402(b)(2)(H)''; and
(II) in paragraph (2)(A), by
striking ``402(b)(8)'' and inserting
``402(b)(2)(H)''; and
(ii) in subsection (d), in the first
sentence, by striking ``402(b)(8)'' and
inserting ``402(b)(2)(H)''.
(B) Additional pretreatment.--Section 402(m) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(m))
is amended in the first sentence by striking
``subsection (b)(8) of this section'' and inserting
``subsection (b)(2)(H)''.
SEC. 3. PERMITS FOR DREDGED OR FILL MATERIAL.
(a) In General.--Section 404(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1344(a)) is amended--
(1) by striking ``(a) The Secretary may issue'' and
inserting the following:
``(a) Permits.--
``(1) In general.--The Secretary may issue''; and
(2) by adding at the end the following:
``(2) Deadline for approval.--
``(A) Permit applications.--
``(i) In general.--Except as provided in
clause (ii), if an environmental assessment or
environmental impact statement, as appropriate,
is required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.),
the Secretary shall--
``(I) ensure that the environmental
review process begins not later than 90
days after the date on which the
Secretary receives a permit
application; and
``(II) approve or deny an
application for a permit under this
subsection not later than--
``(aa) if an agency carries
out an environmental assessment
that leads to a finding of no
significant impact, the date on
which the finding of no
significant impact is issued;
or
``(bb) if an agency carries
out an environmental assessment
that leads to a record of
decision, 15 days after the
date on which the record of
decision on the environmental
impact statement is issued.
``(ii) Processes.--Notwithstanding clause
(i), regardless of whether the Secretary has
commenced an environmental assessment or
environmental impact statement by the date
described in clause (i)(I), the following
deadlines shall apply:
``(I) An environmental assessment
carried out under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) shall be completed
not later than 1 year after the
deadline for commencing the
environmental review process under
clause (i)(I).
``(II) An environmental impact
statement carried out under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall be
completed not later than 2 years after
the deadline for commencing the
environmental review process under
clause (i)(I).
``(B) Failure to act.--If the Secretary fails to
act by the deadline specified in clause (i) or (ii) of
subparagraph (A)--
``(i) the application, and the permit
requested in the application, shall be
considered to be approved;
``(ii) the Secretary shall issue a permit
to the applicant; and
``(iii) the permit shall not be subject to
judicial review.''.
(b) State Permitting Programs.--Section 404(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1344(c)) is amended--
(1) by striking ``(c)'' and inserting ``(c)(1)''; and
(2) by adding at the end the following:
``(2) Paragraph (1) shall not apply to any permit if the State in
which the discharge originates or will originate does not concur with
the Administrator's determination that the discharge will result in an
unacceptable adverse effect as described in paragraph (1).''.
(c) State Programs.--The first sentence of section 404(g)(1) of
such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``for the
discharge'' and inserting ``for some or all of the discharges''.
(d) Deadline for Agency Comments.--Section 404 of such Act (33
U.S.C. 1344) is amended--
(1) in subsection (m) by striking ``ninetieth day'' and
inserting ``30th day (or the 60th day if additional time is
requested)''; and
(2) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
and
(B) by adding at the end the following:
``(2) The Administrator and the head of a department or agency
referred to in paragraph (1) shall each submit any comments with
respect to an application for a permit under subsection (a) or (e) not
later than the 30th day (or the 60th day if additional time is
requested) after the date of receipt of an application for a permit
under that subsection.''.
SEC. 4. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC
ACTIVITY.
(a) Analysis of Impacts of Actions on Employment and Economic
Activity.--
(1) Analysis.--Before taking a covered action, the
Administrator shall analyze the impact, disaggregated by State,
of the covered action on employment levels and economic
activity, including estimated job losses and decreased economic
activity.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall utilize the best available economic
models.
(B) Annual gao report.--Not later than December 31
of each year, the Comptroller General of the United
States shall submit to Congress a report on the
economic models used by the Administrator to carry out
this subsection.
(3) Availability of information.--With respect to any
covered action, the Administrator shall--
(A) post the analysis under paragraph (1) as a link
on the main page of the public Internet Web site of the
Environmental Protection Agency; and
(B) request that the Governor of any State
experiencing more than a de minimis negative impact
post such analysis in the Capitol of such State.
(b) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (a)(1) that a covered action will have more than a
de minimis negative impact on employment levels or economic
activity in a State, the Administrator shall hold a public
hearing in the State at least 30 days prior to the effective
date of the covered action.
(2) Time, location, and selection.--A public hearing
required under paragraph (1) shall be held at a convenient time
and location for impacted residents. In selecting a location
for such a public hearing, the Administrator shall give
priority to locations in the State that will experience the
greatest number of job losses.
(c) Notification.--If the Administrator concludes under subsection
(a)(1) that a covered action will have more than a de minimis negative
impact on employment levels or economic activity in a State, the
Administrator shall give notice of such impact to the State's
congressional delegation, Governor, and legislature at least 45 days
before the effective date of the covered action.
(d) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered action.--The term ``covered action'' means any
of the following actions taken by the Administrator under the
Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
(A) Issuing a regulation, policy statement,
guidance, response to a petition, or other requirement.
(B) Implementing a new or substantially altered
program.
(3) More than a de minimis negative impact.--The term
``more than a de minimis negative impact'' means either of the
following:
(A) With respect to employment levels, a loss of
more than 100 jobs. Any offsetting job gains that
result from the hypothetical creation of new jobs
through new technologies or government employment may
not be used in the job loss calculation.
(B) With respect to economic activity, a decrease
in economic activity of more than $1,000,000 over any
calendar year. Any offsetting economic activity that
results from the hypothetical creation of new economic
activity through new technologies or government
employment may not be used in the economic activity
calculation.
SEC. 5. STATE AUTHORITY TO IDENTIFY WATERS WITHIN ITS BOUNDARIES.
Section 303 of the Federal Water Pollution Control Act (33 U.S.C.
1313) is amended by striking subsection (d)(2) and inserting the
following:
``(2)(A) Each State shall submit to the Administrator from time to
time, with the first such submission not later than 180 days after the
date of publication of the first identification of pollutants under
section 304(a)(2)(D), the waters identified and the loads established
under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection.
The Administrator shall approve the State identification and load or
announce his disagreement with the State identification and load not
later than 30 days after the date of submission, and if--
``(i) the Administrator approves the identification and
load submitted by the State in accordance with this subsection,
such State shall incorporate them into its current plan under
subsection (e); and
``(ii) the Administrator announces his disagreement with
the identification and load submitted by the State in
accordance with this subsection, the Administrator shall
submit, not later than 30 days after the date on which such
announcement is made, to the State his written recommendation
of those additional waters that he identifies and such loads
for such waters as he believes are necessary to implement the
water quality standards applicable to such waters.
``(B) Upon receipt of the Administrator's recommendation the State
shall within 30 days either--
``(i) disregard the Administrator's recommendation in full
and incorporate its own identification and load into its
current plan under subsection (e);
``(ii) accept the Administrator's recommendation in full
and incorporate its identification and load as amended by the
Administrator's recommendation into its current plan under
subsection (e); or
``(iii) accept the Administrator's recommendation in part,
identifying certain additional waters and certain additional
loads proposed by the Administrator to be added to such State's
identification and load and incorporate such State's
identification and load as amended into its current plan under
subsection (e).
``(C)(i) If the Administrator fails to either approve the State
identification and load or announce his disagreement with the State
identification and load within the time specified in this subsection,
then such State's identification and load is deemed approved and such
State shall incorporate the identification and load that it submitted
into its current plan under subsection (e).
``(ii) If the Administrator announces his disagreement with the
State identification and load but fails to submit his written
recommendation to the State within 30 days as required by subparagraph
(A)(ii) then such State's identification and load is deemed approved
and such State shall incorporate the identification and load that it
submitted into its current plan under subsection (e).
``(D) This paragraph shall apply to any decision made by the
Administrator under this subsection issued on or after March 1,
2013.''.
SEC. 6. DEFINITION OF FILL MATERIAL.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(27) Fill material.--
``(A) In general.--The term `fill material' means
any material placed in waters of the United States
where the material has the effect of--
``(i) replacing any portion of a water of
the United States with dry land; or
``(ii) changing the bottom elevation of any
portion of a water of the United States.
``(B) Inclusions.--The term `fill material'
includes--
``(i) rock;
``(ii) sand;
``(iii) soil;
``(iv) clay;
``(v) plastics;
``(vi) construction debris;
``(vii) wood chips;
``(viii) overburden from mining or other
excavation activities; and
``(ix) materials used to create any
structure or infrastructure in the waters of
the United States.
``(C) Exclusions.--The term `fill material' does
not apply to trash or garbage.''.
SEC. 7. APPLICABILITY OF AMENDMENTS.
Except as otherwise specifically provided, the amendments made by
this Act shall apply to actions taken on or after the date of enactment
of this Act, including actions taken with respect to permit
applications pending, or revised or new standards in the process of
being promulgated, on such date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Water Resources and Environment.
Subcommittee on Water Resources and Environment Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 28 - 24.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 113-604.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 113-604.
Placed on the Union Calendar, Calendar No. 449.
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