,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ejgg ,,in ,,the ,,house ,,of ,,representatives ,july #aa1 #bjad ,mrs4 ,capito 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 #bjad4 #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 interim guidance memorandum issued by the ,administrator on ,april #a1 #bjaj1 entitled ,detailed ,guidance3 ,improving ,,epa ,review of ,appalachian ,surface ,coal ,mining ,operations under the ,clean ,water ,act1 ,national ,environmental ,policy ,act1 and the ,environmental ,justice ,executive ,order2 7,,ii7 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#gf ,fed4 ,reg4 #bddgi 7,may #b1 #bjaa772 7,,iii7 the final guidance memorandum issued by the ,administrator on ,july #ba1 #bjaa1 entitled ,improving ,,epa ,review of ,appalachian ,surface ,coal ,mining ,operations ,under the ,clean ,water ,act1 ,national ,environmental ,policy ,act1 and the ,environmental ,justice ,executive ,order2 7,,iv7 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 #abhff entitled ,guidance on ,identifying ,waters ,protected ,by the ,clean ,water ,act and dated ,february #ag1 #bjab 7referred to as ,clean ,water ,protection ,guidance1 ,regulatory ,identifier ,number 7,,rin7 #bjdj-,,za#aa1 received ,february #ba1 #bjab72 7,v7 any successor document to1 or any substantially similar guidance based in whole or in part on1 any of the foregoing guidance documents2 and 7,,vi7 any other document or paper proposed or 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 point source-- 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 permit program under subsection 7b74 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 a substantially complete application for the new permit1 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 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 cause1 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 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 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 permitting ,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 4 7#b7 ,conforming amendments 7,a7 ,federal enforcement ,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 ,additional pretreatment ,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 #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 7a7 ,the ,secretary may issue and inserting the following3 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 ensure that the environmental review process begins 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-- 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 the 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 environmental review 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 environmental review 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 ,section #djd7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;c77 is amended-- 7#a7 by striking 7c7 and inserting 7c77#a72 and 7#b7 by adding at the end the following3 7#b7 ,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 7d7 ,deadline for agency comments ,section #djd of such ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7m7 by striking ninetieth day and inserting #cjth day 7or the #fjth day if additional time is requested72 and 7#b7 in subsection 7q7-- 7,a7 by striking 7q7 and inserting 7q77#a72 and 7,b7 by adding at the end the following3 7#b7 ,the ,administrator and the head of a department or agency referred to in paragraph 7#a7 shall each submit any comments with respect to an application for a permit under subsection 7a7 or 7e7 not later than the #cjth day 7or the #fjth day if additional time is requested7 after the date of receipt of an application for a permit under that subsection4 4 #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 #ca 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 the ,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 a ,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 either of 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 ,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 submission1 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 subsection1 the ,administrator shall submit1 not later than #cj days after the date on which such announcement is made1 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 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 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 subsection1 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 paragraph shall apply to any decision made by the ,administrator under this subsection issued on or after ,march #a1 #bjac4 4 #f4 ,definition of fill material ,section #ejb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7 is amended by adding at the end the following3 7#bg7 ,fill material 7,a7 ,in general ,the term fill material means any material placed in waters of the ,united ,states where the material has the effect of-- 7i7 replacing any portion of a water of the ,united ,states with dry land2 or 7ii7 changing the bottom elevation of any portion of a water of the ,united ,states4 7,b7 ,inclusions ,the term fill material includes-- 7i7 rock2 7ii7 sand2 7iii7 soil2 7iv7 clay2 7v7 plastics2 7vi7 construction debris2 7vii7 wood chips2 7viii7 overburden from mining or other excavation activities2 and 7ix7 materials used to create any structure or infrastructure in the waters of the ,united ,states4 7,c7 ,exclusions ,the term fill material does not apply to trash or garbage4 4 #g4 ,applicability of amendments ,except as otherwise specifically provided1 the amendments made by this ,act shall apply to actions taken on or after the date of enactment of this ,act1 including actions taken with respect to permit applications pending1 or revised or new standards in the process of being promulgated1 on such date of enactment4