,,ii ,calendar ,no4 #aia #aacth ,,congress #ast ,session ,s4 #aead ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ag1 #bjac,mr4 ,mc,connell introduced the following bill2 which was read the first time ,september #ah1 #bjac,read the second time and placed on the calendar ,a ,,bill ,to save coal jobs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,saving ,coal ,jobs ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,prohibition on energy tax,sec4 #aja4 ,prohibition on energy tax4,,title ,,ii--,permits,sec4 #bja4 ,national pollutant discharge elimination system4,sec4 #bjb4 ,permits for dredged or fill material4,sec4 #bjc4 ,impacts of ,environmental ,protection ,agency regulatory activity on employment and economic activity4,sec4 #bjd4 ,identification of waters protected by the ,clean ,water ,act4,sec4 #bje4 ,limitations on authority to modify ,state water quality standards4,sec4 #bjf4 ,state authority to identify waters within boundaries of the ,state4 ,i ,prohibition on energy tax #aja4 ,prohibition on energy tax 7a7 ,findings2 purposes 7#a7 ,findings ,congress finds that-- 7,a7 on ,june #be1 #bjac1 ,president ,obama issued a ,presidential memorandum directing the ,administrator of the ,environmental ,protection ,agency to issue regulations relating to power sector carbon pollution standards for existing coal fired power plants2 7,b7 the issuance of that memorandum circumvents ,congress and the will of the people of the ,united ,states2 7,c7 any action to control emissions of greenhouse gases from existing coal fired power plants in the ,united ,states by mandating a national energy tax would devastate major sectors of the economy1 cost thousands of jobs1 and increase energy costs for low-income households1 small businesses1 and seniors on fixed income2 7,d7 joblessness increases the likelihood of hospital visits1 illnesses1 and premature deaths2 7,e7 according to testimony on ,june #ae1 #bjaa1 before the ,committee on ,environment and ,public ,works of the ,senate by ,dr4 ,harvey ,brenner of ,johns ,hopkins ,university1 ,the unemployment rate is well established as a risk factor for elevated illness and mortality rates in epidemiological studies performed since the early #aihjs4 ,in addition to influences on mental disorder1 suicide and alcohol abuse and alcoholism1 unemployment is also an important risk factor in cardiovascular disease and overall decreases in life expectancy42 7,f7 according to the ,national ,center for ,health ,statistics1 children in poor families were four times as likely to be in fair or poor health as children that were not poor2 7,g7 any major decision that would cost the economy of the ,united ,states millions of dollars and lead to serious negative health effects for the people of the ,united ,states should be debated and explicitly authorized by ,congress1 not approved by a ,presidential memorandum or regulations2 and 7,h7 any policy adopted by ,congress should make ,united ,states energy as clean as practicable1 as quickly as practicable1 without increasing the cost of energy for struggling families1 seniors1 low-income households1 and small businesses4 7#b7 ,purposes ,the purposes of this section are-- 7,a7 to ensure that-- 7i7 a national energy tax is not imposed on the economy of the ,united ,states2 and 7ii7 struggling families1 seniors1 low-income households1 and small businesses do not experience skyrocketing electricity bills and joblessness2 7,b7 to protect the people of the ,united ,states1 particularly families1 seniors1 and children1 from the serious negative health effects of joblessness2 7,c7 to allow sufficient time for ,congress to develop and authorize an appropriate mechanism to address the energy needs of the ,united ,states and the potential challenges posed by severe weather2 and 7,d7 to restore the legislative process and congressional authority over the energy policy of the ,united ,states4 7b7 ,presidential memorandum ,notwithstanding any other provision of law1 the head of a ,federal agency shall not promulgate any regulation relating to power sector carbon pollution standards or any substantially similar regulation on or after ,june #be1 #bjac1 unless that regulation is explicitly authorized by an ,act of ,congress4 ,,ii ,permits #bja4 ,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;a77#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 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 7acting through the ,chief of ,engineers71 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 7as defined in section #cjf7;a77 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 and all that follows through the end of the first sentence 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 interpretation of the ,administrator of a water quality standard that has been adopted by the ,state and approved by the ,administrator under section #cjc7;c74 4 #bjb4 ,permits for dredged or fill material 7a7 ,in general ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 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 in subsection 7a71 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 ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,authority of ,administrator 7#a7 ,in general ,subject to paragraphs 7#b7 through 7#d71 until 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 deny or restrict the use of any defined area for specification 7including the withdrawal of specification7 as a disposal site1 if the ,administrator determines1 after notice and opportunity for public hearings1 that the discharge of the materials into the area will have an unacceptable adverse effect on municipal water supplies1 shellfish beds or fishery areas 7including spawning and breeding areas71 wildlife1 or recreational areas4 7#b7 ,consultation ,before making a determination under paragraph 7#a71 the ,administrator shall consult with the ,secretary4 7#c7 ,findings ,the ,administrator shall set forth in writing and make public the findings of the ,administrator and the reasons of the ,administrator for making any determination under this subsection4 7#d7 ,authority of ,state permitting programs ,this subsection shall not apply to any permit if the ,state in which the discharge originates or will originate does not concur with the determination of the ,administrator that the discharge will result in an unacceptable adverse effect as described in paragraph 7#a74 4 7c7 ,state ,programs ,section #djd7;g77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7;g77#a77 is amended in the first sentence by striking for the discharge and inserting for all or part of the discharges4 #bjc4 ,impacts of ,environmental ,protection ,agency regulatory activity on employment and economic activity 7a7 ,definitions ,in this section3 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 #abea 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 jobs1 except that 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 year1 except that 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 7b7 ,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 use 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 the analysis in the ,capitol of the ,state4 7c7 ,public hearings 7#a7 ,in general ,if the ,administrator concludes under subsection 7b77#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 7,a7 ,in general ,a public hearing required under paragraph 7#a7 shall be held at a convenient time and location for impacted residents4 7,b7 ,priority ,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 7d7 ,notification ,if the ,administrator concludes under subsection 7b77#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 congressional delegation1 ,governor1 and legislature of the ,state at least #de days before the effective date of the covered action4 #bjd4 ,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 #bje4 ,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 respectively1 and indenting appropriately2 7#b7 by striking 7#d7 ,the and inserting the following3 7#d7 ,promulgation of revised or new standards 7,a7 ,in general ,the 2 7#c7 by striking ,the ,administrator shall promulgate and inserting the following3 7,b7 ,deadline ,the ,administrator shall promulgate2 and 7#d7 by adding at the end the following3 7,c7 ,state water quality standards ,notwithstanding any other provision of this paragraph1 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 determination of the ,administrator 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 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7;a77 is amended by adding at the end the following3 7#g7 ,state or interstate agency determination ,with respect to any discharge1 if a ,state or interstate agency having jurisdiction over the navigable waters at the point at which 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 #bjf4 ,state authority to identify waters within boundaries of the ,state ,section #cjc7;d7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acac7;d77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,state authority to identify waters within boundaries of the ,state 7,a7 ,in general ,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 subparagraphs 7,a71 7,b71 7,c71 and 7,d7 of paragraph 7#a74 7,b7 ,approval or disapproval by ,administrator 7i7 ,in general ,not later than #cj days after the date of submission1 the ,administrator shall approve the ,state identification and load or announce the disagreement of the ,administrator with the ,state identification and load4 7ii7 ,approval ,if the ,administrator approves the identification and load submitted by the ,state under this subsection1 the ,state shall incorporate the identification and load into the current plan of the ,state under subsection 7e74 7iii7 ,disapproval ,if the ,administrator announces the disagreement of the ,administrator with the identification and load submitted by the ,state under this subsection4 the ,administrator shall submit1 not later than #cj days after the date that the ,administrator announces the disagreement of the ,administrator with the submission of the ,state1 to the ,state the written recommendation of the ,administrator of those additional waters that the ,administrator identifies and such loads for such waters as the ,administrator believes are necessary to implement the water quality standards applicable to the waters4 7,c7 ,action by ,state ,not later than #cj days after receipt of the recommendation of the ,administrator1 the ,state shall-- 7i7 disregard the recommendation of the ,administrator in full and incorporate its own identification and load into the current plan of the ,state under subsection 7e72 7ii7 accept the recommendation of the ,administrator in full and incorporate its identification and load as amended by the recommendation of the ,administrator into the current plan of the ,state under subsection 7e72 or 7iii7 accept the recommendation of the ,administrator in part1 identifying certain additional waters and certain additional loads proposed by the ,administrator to be added to the ,state's identification and load and incorporate the ,state's identification and load as amended into the current plan of the ,state under subsection 7e74 7,d7 ,noncompliance by ,administrator 7i7 ,in general ,if the ,administrator fails to approve the ,state identification and load or announce the disagreement of the ,administrator with the ,state identification and load within the time specified in this subsection-- 7,i7 the identification and load of the ,state shall be considered approved2 and 7,,ii7 the ,state shall incorporate the identification and load that the ,state submitted into the current plan of the ,state under subsection 7e74 7ii7 ,recommendations not submitted ,if the ,administrator announces the disagreement of the ,administrator with the identification and load of the ,state but fails to submit the written recommendation of the ,administrator to the ,state within #cj days as required by subparagraph 7,b77iii7-- 7,i7 the identification and load of the ,state shall be considered approved2 and 7,,ii7 the ,state shall incorporate the identification and load that the ,state submitted into the current plan of the ,state under subsection 7e74 7,e7 ,application ,this section shall apply to any decision made by the ,administrator under this subsection issued on or after ,march #a1 #bjac4 4 ,september #ah1 #bjac,read the second time and placed on the calendar