,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #ahbi  ,,in ,,the ,,house ,,of  
,,representatives  ,may #f1 #bjac ,mrs4 
,capito 7for herself1 ,mr4 ,barr1 ,mr4  
,shimkus1 ,mrs4 ,lummis1 ,mr4 ,stivers1 
,mrs4 ,wagner1 ,mr4 ,johnson of ,ohio1  
,mr4 ,griffith of ,virginia1 ,mr4       
,whitfield1 ,mr4 ,mc,kinley1 and ,mr4   
,latta7 introduced the following bill2  
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 permits1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,coal ,jobs   
,protection ,act of #bjac4  #b4         
,national ,pollutant ,discharge         
,elimination ,system  7a7 ,applicability
 of guidance ,section #djb of the       
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdb7 is amended by    
adding at the end the following3  7s7   
,applicability of guidance  7#a7        

,definitions ,in this subsection3  7,a7 
,guidance  7i7 ,in general ,the term    
guidance means draft1 interim1 or final 
guidance issued by the ,administrator4  
7ii7 ,inclusions ,the term guidance     
includes--  7,i7 the comprehensive      
guidance issued by the ,administrator   
and dated ,april #a1 #bjaj2  7,,ii7 the 
proposed guidance entitled ,draft       
,guidance on ,identifying ,waters       
,protected by the ,clean ,water ,act and
 dated ,april #bh1 #bjaa2  7,,iii7 the  
final guidance proposed by the          
,administrator and dated ,july #ba1     
#bjaa2 and  7,,iv7 any other document or
 paper issued by the ,administrator     
through any process other than the      
notice and comment rulemaking process4  
7,b7 ,new permit ,the term new permit   
means a permit covering discharges from 
a structure--  7i7 that is issued under 
this section by a permitting authority2 
and  7ii7 for which an application is-- 
7,i7 pending as of the date of enactment
 of this subsection2 or  7,,ii7 filed on

 or after the date of enactment of this 
subsection4  7,c7 ,permitting authority 
,the term permitting authority means--  
7i7 the ,administrator2 or  7ii7 a      
,state1 acting pursuant to a ,state     
program that is equivalent to the       
program under this section and approved 
by the ,administrator4  7#b7 ,permits   
7,a7 ,in general ,notwithstanding any   
other provision of law1 in making a     
determination whether to approve a new  
permit or a renewed permit1 the         
permitting authority--  7i7 shall base  
the determination only on compliance    
with regulations issued by the          
,administrator or the permitting        
authority2 and  7ii7 shall not base the 
determination on the extent of adherence
 of the applicant for the new permit or 
renewed permit to guidance4  7,b7 ,new  
permits ,if the permitting authority    
does not approve or deny an application 
for a new permit by the date that is    
#bgj days after the date of receipt of  
the application for the new permit1 the 

applicant may operate as if the         
application were approved in accordance 
with ,federal law for the period of time
 for which a permit from the same       
industry would be approved4  7,c7       
,substantial completeness ,in           
determining whether an application for a
 new permit or a renewed permit received
 under this paragraph is substantially  
complete1 the permitting authority shall
 use standards for determining          
substantial completeness of similar     
permits for similar facilities submitted
 in fiscal year #bjjg4  4  7b7 ,state   
permit programs  7#a7 ,in general       
,section #djb of the ,federal ,water    
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdb7 is amended by striking subsection
 7b7 and inserting the following3  7b7  
,state permit programs  7#a7 ,in general
 ,at any time after the promulgation of 
the guidelines required by section      
#cjd7;,i77#b71 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--  7,a7 a full and       
complete description of the program the 
,state proposes to establish and        
administer under ,state law or under an 
interstate compact2 and  7,b7 a         
statement from the attorney general 7or 
the attorney for those ,state water     
pollution control agencies that have    
independent legal counsel71 or from the 
chief legal officer in the case of an   
interstate agency1 that the laws of the 
,state1 or the interstate compact1 as   
applicable1 provide adequate authority  
to carry out the described program4     
7#b7 ,approval ,the ,administrator shall
 approve each program for which a       
description is submitted under paragraph
 7#a7 unless the ,administrator         
determines that adequate authority does 
not exist--  7,a7 to issue permits      
that--  7i7 apply1 and ensure compliance
 with1 any applicable requirements of   
sections #cja1 #cjb1 #cjf1 #cjg1 and    

#djc2  7ii7 are for fixed terms not     
exceeding #e years2  7iii7 can be       
terminated or modified for cause        
including--  7,i7 a violation of any    
condition of the permit2  7,,ii7        
obtaining a permit by misrepresentation 
or failure to disclose fully all        
relevant facts2 and  7,,iii7 a change in
 any condition that requires either a   
temporary or permanent reduction or     
elimination of the permitted discharge2 
and  7iv7 control the disposal of       
pollutants into wells2  7,b7 7i7 to     
issue permits that apply1 and ensure    
compliance with1 all applicable         
requirements of section #cjh2 or  7ii7  
to inspect1 monitor1 enter1 and require 
reports to at least the same extent as  
required in section #cjh2  7,c7 to      
ensure that the public1 and any other   
,state the waters of which may be       
affected1 receives notice of each       
application for a permit and an         
opportunity for a public hearing before 
a ruling on each application2  7,d7 to  

ensure that the ,administrator receives 
notice and a copy of each application   
for a permit2  7,e7 to ensure that any  
,state 7other than the permitting       
,state71 whose waters 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 
and1 if any part of the written         
recommendations are not accepted by the 
permitting ,state1 that the permitting  
,state will notify the affected ,state  
and the ,administrator in writing of the
 failure of the ,state to accept the    
recommendations1 including the reasons  
for not accepting the recommendations2  
7,f7 to ensure that no permit will be   
issued if1 in the judgment of the       
,secretary of the ,army acting through  
the ,chief of ,engineers1 after         
consultation with the ,secretary of the 
department in which the ,coast ,guard is
 operating1 anchorage and navigation of 
any of the navigable waters would be    

substantially impaired by the issuance  
of the permit2  7,g7 to abate violations
 of the permit or the permit program1   
including civil and criminal penalties  
and other means of enforcement2  7,h7 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 
#cjg7;b7 into the treatment works and a 
program to ensure compliance with those 
pretreatment standards by each source1  
in addition to adequate notice1 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 works1 to the permitting      
agency of--  7i7 new introductions into 
the treatment works of pollutants from  

any source that would be a new source as
 defined in section #cjf if the source  
were discharging pollutants2  7ii7 new  
introductions of pollutants into the    
treatment works from a source that would
 be subject to section #cja if the      
source were discharging those           
pollutants2 or  7iii7 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 permit2 and 
7,i7 to ensure that any industrial user 
of any publicly owned treatment works   
will comply with sections #bjd7;b71     
#cjg1 and #cjh4  7#c7 ,administration   
,notwithstanding paragraph 7#b71 the    
,administrator may not disapprove or    
withdraw approval of a program under    
this subsection on the basis of the     
following3  7,a7 ,the failure of the    
program to incorporate or comply with   
guidance 7as defined in subsection      
7s77#a774  7,b7 ,the implementation of a

 water quality standard that has been   
adopted by the ,state and approved by   
the ,administrator under section        
#cjc7;c74  4  7#b7 ,conforming          
amendments  7,a7 ,section #cji of the   
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acai7 is amended--  7i7
 in subsection 7c7--  7,i7 in paragraph 
7#a77;,a71 by striking #djb7;b77#h7 and 
inserting  #djb7;b77#b77;,h72 and       
7,,ii7 in paragraph 7#b77;,a71 by       
striking #djb7;b77#h7 and inserting     
#djb7;b77#b77;,h72 and  7ii7 in         
subsection 7d71 in the first sentence1  
by striking #djb7;b77#h7 and inserting  
#djb7;b77#b77;,h74  7,b7 ,section       
#djb7m7 of the ,federal ,water          
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdb7m77 is amended in the first       
sentence by striking subsection 7b77#h7 
of this section and inserting subsection
 7b77#b77;,h74  7c7 ,suspension of      
,federal program ,section #djb7;c7 of   
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acdb7;c77 is       

amended--  7#a7 by redesignating        
paragraph 7#d7 as paragraph 7#e72 and   
7#b7 by inserting after paragraph 7#c7  
the following3  7#d7 ,limitation on     
disapproval ,notwithstanding paragraphs 
7#a7 through 7#c71 the ,administrator   
may not disapprove or withdraw approval 
of a ,state program under subsection 7b7
 on the basis of the failure of the     
following3  7,a7 ,the failure of the    
program to incorporate or comply with   
guidance 7as defined in subsection      
7s77#a774  7,b7 ,the implementation of a
 water quality standard that has been   
adopted by the ,state and approved by   
the ,administrator under section        
#cjc7;c74  4  7d7 ,notification of      
,administrator ,section #djb7;d77#b7 of 
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acdb7;d77#b77 is   
amended--  7#a7 by striking 7#b7 ,no and
 inserting the following3  7#b7         
,objection by ,administrator  7,a7 ,in  
general ,subject to subparagraph 7,c71  
no permit shall issue if--  7i7 not     

later than #ij days after the date on   
which the ,administrator receives       
notification under subsection           
7b77#b77;,e71 the ,administrator objects
 in writing to the issuance of the      
permit2 or  7ii7 not later than #ij days
 after the date on which the proposed   
permit of the ,state is transmitted to  
the ,administrator1 the ,administrator  
objects in writing to the issuance of   
the permit as being outside the         
guidelines and requirements of this     
,act4  2  7#b7 in the second sentence1  
by striking ,whenever the ,administrator
 and inserting the following3  7,b7     
,requirements ,if the ,administrator  2 
and  7#c7 by adding at the end the      
following3  7,c7 ,exception ,the        
,administrator shall not object to or   
deny the issuance of a permit by a      
,state under subsection 7b7 or 7s7 based
 on the following3  7i7 ,guidance1 as   
that term is defined in subsection      
7s77#a74  7ii7 ,the ,administrator's    
interpretation of a water quality       

standard that has been adopted by the   
,state and approved by the              
,administrator under section #cjc7;c74  
4  #c4 ,permits for dredged or fill     
material  7a7 ,in general ,section      
#djd7;a7 of the ,federal ,water         
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd7;a77 is amended--  7#a7 by        
striking the section heading and all    
that follows through ,sec4 #djd4 7a7    
,the ,secretary may issue and inserting 
the following3  #djd4 ,permits for      
dredged or fill material  7a7 ,permits  
7#a7 ,in general ,the ,secretary may    
issue  2 and  7#b7 by adding at the end 
the following3  7#b7 ,deadline for      
approval  7,a7 ,permit applications  7i7
 ,in general ,except as provided in     
clause 7ii71 if an environmental        
assessment or environmental impact      
statement1 as appropriate1 is required  
under the ,national ,environmental      
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dcba et seq471 the ,secretary shall--  
7,i7 begin the process not later than   

#ij days after the date on which the    
,secretary receives a permit            
application2 and  7,,ii7 approve or deny
 an application for a permit under this 
subsection not later than the latter    
of--  7aa7 if an agency carries out an  
environmental assessment that leads to a
 finding of no significant impact1 the  
date on which the finding of no         
significant impact is issued2 or  7bb7  
if an agency carries out an             
environmental assessment that leads to a
 record of decision1 #ae days after the 
date on which the record of decision on 
an environmental impact statement is    
issued4  7ii7 ,processes                
,notwithstanding clause 7i71 regardless 
of whether the ,secretary has commenced 
an environmental assessment or          
environmental impact statement by the   
date described in clause 7i77,i71 the   
following deadlines shall apply3  7,i7  
,an environmental assessment carried out
 under the ,national ,environmental     
,policy ,act of #aifi 7#db ,u4,s4,c4    

#dcba et seq47 shall be completed not   
later than #a year after the deadline   
for commencing the permit process under 
clause 7i77,i74  7,,ii7 ,an             
environmental impact statement carried  
out under the ,national ,environmental  
,policy ,act of #aifi 7#db ,u4,s4,c4    
#dcba et seq47 shall be completed not   
later than #b years after the deadline  
for commencing the permit process under 
clause 7i77,i74  7,b7 ,failure to act   
,if the ,secretary fails to act by the  
deadline specified in clause 7i7 or 7ii7
 of subparagraph 7,a7--  7i7 the        
application1 and the permit requested in
 the application1 shall be considered to
 be approved2  7ii7 the ,secretary shall
 issue a permit to the applicant2 and   
7iii7 the permit shall not be subject to
 judicial review4  4  7b7 ,state        
,permitting ,programs  7#a7 ,authority  
of ,,epa ,administrator ,section        
#djd7;c7 of the ,federal ,water         
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd7;c77 is amended by striking 7c7   

and inserting the following3  7c7       
,authority of ,,epa ,administrator  7#a7
 ,possible prohibition of specification 
,until such time as the ,secretary has  
issued a permit under this section1 the 
,administrator is authorized to prohibit
 the specification 7including the       
withdrawal of specification7 of any     
defined area as a disposal site1 and he 
is authorized to deny or restrict the   
use of any defined area for             
specification 7including the withdrawal 
of specification7 as a disposal site1   
whenever he determines1 after notice and
 opportunity for public hearings1 that  
the discharge of such materials into    
such area will have an unacceptable     
adverse effect on municipal water       
supplies1 shellfish beds and fishery    
areas 7including spawning and breeding  
areas71 wildlife1 or recreational areas4
 ,before making such determination1 the 
,administrator shall consult with the   
,secretary4 ,the ,administrator shall   
set forth in writing and make public his

 findings and his reasons for making any
 determination under this subsection4   
7#b7 ,authority of ,state permitting    
programs ,paragraph 7#a7 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 7#a74  4  7c7 ,state ,programs
 ,the first sentence of section         
#djd7;g77#a7 of such ,act 7#cc ,u4,s4,c4
 #acdd7;g77#a77 is amended by striking  
for the discharge and inserting for some
 or all of the discharges4  #d4 ,impacts
 of ,,epa regulatory activity on        
employment and economic activity  7a7   
,analysis of impacts of actions on      
employment and economic activity  7#a7  
,analysis ,before taking a covered      
action1 the ,administrator shall analyze
 the impact1 disaggregated by ,state1 of
 the covered action on employment levels
 and economic activity1 including       

estimated job losses and decreased      
economic activity4  7#b7 ,economic      
models  7,a7 ,in general ,in carrying   
out paragraph 7#a71 the ,administrator  
shall utilize the best available        
economic models4  7,b7 ,annual ,,gao    
report ,not later than ,december #cast  
of each year1 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 subsection4  7#c7        
,availability of information ,with      
respect to any covered action1 the      
,administrator shall--  7,a7 post the   
analysis under paragraph 7#a7 as a link 
on the main page of the public ,internet
 ,web site of the ,environmental        
,protection ,agency2 and  7,b7 request  
that the ,governor of any ,state        
experiencing more than a de minimis     
negative impact post such analysis in   
the ,capitol of such ,state4  7b7       
,public hearings  7#a7 ,in general ,if  
the ,administrator concludes under      

subsection 7a77#a7 that a covered action
 will have more than a de minimis       
negative impact on employment levels or 
economic activity in a ,state1 the      
,administrator shall hold a public      
hearing in each such ,state at least #cj
 days prior to the effective date of the
 covered action4  7#b7 ,time1 location1 
and selection ,a public hearing required
 under paragraph 7#a7 shall be held at a
 convenient time and location for       
impacted residents4 ,in selecting a     
location for such a public hearing1 the 
,administrator shall give priority to   
locations in the ,state that will       
experience the greatest number of job   
losses4  7c7 ,notification ,if the      
,administrator concludes under          
subsection 7a77#a7 that a covered action
 will have more than a de minimis       
negative impact on employment levels or 
economic activity in any ,state1 the    
,administrator shall give notice of such
 impact to the ,state's ,congressional  
delegation1 ,governor1 and ,legislature 

at least #de days before the effective  
date of the covered action4  7d7        
,definitions ,in this section1 the      
following definitions apply3  7#a7      
,administrator ,the term ,administrator 
means the ,administrator of the         
,environmental ,protection ,agency4     
7#b7 ,covered action ,the term covered  
action means any of the following       
actions taken by the ,administrator     
under the ,federal ,water ,pollution    
,control ,act 7#cc ,u4,s4,c4 #abja et   
seq473  7,a7 ,issuing a regulation1     
policy statement1 guidance1 response to 
a petition1 or other requirement4  7,b7 
,implementing a new or substantially    
altered program4  7#c7 ,more than a de  
minimis negative impact ,the term more  
than a de minimis negative impact means 
the following3  7,a7 ,with respect to   
employment levels1 a loss of more than  
#ajj jobs4 ,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         
calculation4  7,b7 ,with respect to     
economic activity1 a decrease in        
economic activity of more than          
#a1jjj1jjj over any calendar year4 ,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
 calculation4  #e4 ,identification of   
waters protected by the ,clean ,water   
,act  7a7 ,in general ,the ,secretary of
 the ,army and the ,administrator of the
 ,environmental ,protection ,agency may 
not--  7#a7 finalize1 adopt1 implement1 
administer1 or enforce 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                 
7,,epa-,,hq-,,ow-#bjaa-jdji7 7#gf ,fed4 
,reg4 #bddgi 7,may #b1 #bjaa772 and     

7#b7 use the guidance described in      
paragraph 7#a71 any successor document1 
or any substantially similar guidance   
made publicly available on or after     
,december #c1 #bjjh1 as the basis for   
any decision regarding the scope of the 
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #abea et seq47 or any   
rulemaking4  7b7 ,rules ,the use of the 
guidance described in subsection        
7a77#a71 or any successor document or   
substantially similar guidance made     
publicly available on or after ,december
 #c1 #bjjh1 as the basis for any rule   
shall be grounds for vacating the rule4 
#f4 ,limitations on authority to modify 
,state water quality standards  7a7     
,state water quality standards ,section 
#cjc7;c77#d7 of the ,federal ,water     
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acac7;c77#d77 is amended--  7#a7 by    
redesignating subparagraphs 7,a7 and    
7,b7 as clauses 7i7 and 7ii71           
respectively2  7#b7 by striking 7#d7 and
 inserting 7#d77;,a72  7#c7 by striking 

,the ,administrator shall promulgate and
 inserting the following3  7,b7 ,the    
,administrator shall promulgate2  and   
7#d7 by adding at the end the following3
  7,c7 ,notwithstanding subparagraph    
7,a77ii71 the ,administrator may not    
promulgate a revised or new standard for
 a pollutant in any case in which the   
,state has submitted to the             
,administrator and the ,administrator   
has approved a water quality standard   
for that pollutant1 unless the ,state   
concurs with the ,administrator's       
determination that the revised or new   
standard is necessary to meet the       
requirements of this ,act4  4  7b7      
,federal licenses and permits ,section  
#dja7;a7 of such ,act 7#cc ,u4,s4,c4    
#acda7;a77 is amended by adding at the  
end the following3  7#g7 ,with respect  
to any discharge1 if a ,state or        
interstate agency having jurisdiction   
over the navigable waters at the point  
where the discharge originates or will  
originate determines under paragraph    

7#a7 that the discharge will comply with
 the applicable provisions of sections  
#cja1 #cjb1 #cjc1 #cjf1 and #cjg1 the   
,administrator may not take any action  
to supersede the determination4  4  #g4 
,state authority to identify waters     
within its boundaries ,section #cjc of  
the ,federal ,water ,pollution ,control 
,act 7#cc ,u4,s4,c4 #acac7 is amended by
 striking subsection 7d77#b7 and        
inserting the following3  7#b7 7,a7     
,each ,state shall submit to the        
,administrator from time to time1 with  
the first such submission not later than
 #ahj days after the date of publication
 of the first identification of         
pollutants under section                
#cjd7;a77#b77;,d71 the waters identified
 and the loads established under        
paragraphs 7#a77;,a71 7#a77;,b71        
7#a77;,c71 and 7#a77;,d7 of this        
subsection4 ,the ,administrator shall   
approve the ,state identification and   
load or announce his disagreement with  
the ,state identification and load not  

later than #cj days after the date of   
submission and if--  7i7 the            
,administrator approves the             
identification and load submitted by the
 ,state in accordance with this         
subsection1 such ,state shall           
incorporate them into its current plan  
under subsection 7e72 and  7ii7 the     
,administrator announces his            
disagreement with the identification and
 load submitted by the ,state in        
accordance with this subsection he shall
 submit1 not later than #cj days after  
the date that the ,administrator        
announces his disagreement with the     
,state's submission1 to such ,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 waters4  7,b7 ,upon receipt of the 
,administrator's recommendation the     
,state shall within #cj days either--   
7i7 disregard the ,administrator's      

recommendation in full and incorporate  
its own identification and load into its
 current plan under subsection 7e72     
7ii7 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  
7e72 or  7iii7 accept the               
,administrator's recommendation in part1
 identifying certain additional waters  
and certain additional loads proposed by
 the ,administrator to be added to such 
,state's identification and load and    
incorporate the such ,state's           
identification and load as amended into 
its current plan under subsection 7e74  
7,c7 7i7 ,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 7e74  7ii7 ,if the     
,administrator announces his            
disagreement with the ,state            
identification and load but fails to    
submit his written recommendation to the
 ,state within #cj days as required by  
subparagraph 7,a77ii7 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 7e74  7,d7 ,this       
section shall apply to any decision made
 by the ,administrator under this       
subsection issued on or after ,march #a1
 #bjac4  4