An amendment numbered 1 printed in House Report 111-36 to authorize tribal governments to be eligible for technical and management assistance for small publicly-owned sewerage agencies; amend an existing Clean Water Act authority for the Environmental Protection Agency (EPA) to carry out pilot projects by ensuring that certain `green technology' activities are eligible for controlling stormwater runoff, and increase the authorization of appropriations for this authority to $100 million for each of fiscal years 2010 through 2014; clarify the eligibility for construction of energy-efficient or renewable-energy generation technologies at publicly-owned sewerage agencies under the Clean Water State Revolving Fund; provide additional criteria for States to determine `affordability criteria' for waste-water infrastructure projects and activities, including factors related to per capita income and local unemployment rates; provide additional transparency and accountability for expenditures from the Clean Water State Revolving Fund by requiring EPA to conduct, and make publicly available, an annual performance review of expenditures from the Clean Water State Revolving Fund, including a review of the types and categories of projects and activities carried out using the fund, and an estimate of the number of jobs created from proceeds of.the fund; strike a provision related to the collection of tonnage duties that was unnecessary; authorize additional studies on the water-related infrastructure needs along the United States-Mexican border region, and the condition of wastewater infrastructure on the Great Lakes; require States to set-aside 20 percent of combined sewer and sanitary sewer grants to communities that implement green infrastructure or other water and energy efficient improvements; and require the EPA Administrator to conduct a study on the presence of pharmaceuticals and personal care products in the waters of the United States.

In section 1101(a)(3) of the bill, in the matter proposed to be inserted as section 104(b)(8) of the Federal Water Pollution Control Act--

(1) in subparagraph (A)--

(A) insert “and tribal governments” after “small municipalities”; and

(B) insert “and tribal governments” after “such municipalities”; and

(2) in subparagraphs (B) and (C) strike “rural and small” and insert “rural, small, and tribal”.

In section 1103(a)(2) of the bill, amend subparagraph (A) to read as follows:

(A) in the matter preceding paragraph (1)--

(i) by striking “for treatment works” and inserting “to a municipality or municipal entity”; and

(ii) by striking “wet weather discharge”;

In section 1103(a)(2)(B) of the bill, in the matter proposed to be inserted in section 122(a)(2) of the Federal Water Pollution Control Act, strike “technologies” and insert “technologies and other techniques that utilize infiltration, evapotranspiration, and reuse of storm water on site”.

In section 1103 of the bill, amend subsection (b) to read as follows:

(b) Authorization of Appropriations.--The first sentence of section 122(c)(1) is amended--

(1) by striking “and”; and

(2) by striking the period and inserting “, such sums as may be necessary for each of fiscal years 2005 through 2009, and $100,000,000 for each of fiscal years 2010 through 2014.”.

In section 1303(a) of the bill, in the matter proposed to be inserted in section 603(c) of the Federal Water Pollution Control Act--

(1) in paragraph (7) strike “and” after the semicolon;

(2) in paragraph (8) strike “section 122.”, the closing quotation marks, and the final period and insert “section 122; and”; and

(3) add after paragraph (8) the following:

“(9) to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works, including the implementation of energy-efficient or renewable-energy generation technologies.”.

In section 1303(f) of the bill, in the matter proposed to be inserted as section 603(i)(2)(A) of the Federal Water Pollution Control Act, strike the last sentence and insert the following: “Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity is to be carried out in an economically distressed area, as described in section 301 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161).”.

Amend section 1306 of the bill to read as follows:

SEC. 1306. ANNUAL REPORTS.

Section 606(d) (33 U.S.C. 1386(d)) is amended--

(1) by striking “(d) Annual Report.--Beginning” and inserting the following:

“(d) Annual Reports.--

“(1) State report.--Beginning”;

(2) in paragraph (1) (as so designated) by striking “loan amounts,” and inserting “loan amounts, the eligible purposes under section 603(c) for which the assistance has been provided,”; and

(3) by adding at the end the following:

“(2) Federal report.--The Administrator shall annually prepare, and make publicly available, a report on the performance of the projects and activities carried out in whole or in part with assistance made available by a State water pollution control revolving fund as authorized under this title during the previous fiscal year, including--

“(A) the annual and cumulative financial assistance provided to States under this title;

“(B) the categories and types of such projects and activities;

“(C) an estimate of the number of jobs created through carrying out such projects and activities;

“(D) an assessment of the progress made toward meeting the goals and purposes of this Act through such projects and activities; and

“(E) any additional information that the Administrator considers appropriate.”.

At the end of title I of the bill, add the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:

SEC. 1309. UNITED STATES-MEXICAN BORDER WATER INFRASTRUCTURE STUDIES.

(a) Study of Infrastructure Along the Rio Grande River.--

(1) In general.--The Administrator of the Environmental Protection Agency shall conduct a study of wastewater treatment facilities that discharge into the Rio Grande River and develop recommendations for improving monitoring, information sharing, and cooperation between the United States and Mexico.

(2) Consultation.--The Administrator shall conduct the study in consultation with the Secretary of State, appropriate representatives of the Mexican government, and the International Boundary Waters Commission.

(3) Report.--Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under paragraph (1).

(b) Study of Water Infrastructure Along the United States-Mexico Border.--

(1) Study.--The Comptroller General shall conduct a study on water infrastructure along the border between the United States and Mexico to augment current studies relating to colonias development.

(2) Contents.--In conducting the study, the Comptroller General shall examine the comprehensive planning needs relating to water and wastewater infrastructure for colonias along the border between the United States and Mexico.

(3) Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study.

In section 1501 of the bill, strike subsection (b) and redesignate subsections (c) and (d) as subsections (b) and (c), respectively.

In section 1501(c)(3) of the bill (as so redesignated)--

(1) in subparagraph (A) insert “and” after the semicolon;

(2) in subparagraph (B) strike “; and” and insert a period; and

(3) strike subparagraph (C).

Strike section 3001(b) of the bill and insert the following:

(b) Authorization of Appropriations.--Section 221(f) (33 U.S.C. 1301(f)) is amended to read as follows:

“(f) Authorization of Appropriations.--

“(1) In general.--There is authorized to be appropriated to carry out this section $250,000,000 for fiscal year 2010, $300,000,000 for fiscal year 2011, $350,000,000 for fiscal year 2012, $400,000,000 for fiscal year 2013, and $500,000,000 for fiscal year 2014. Such sums shall remain available until expended.

“(2) Minimum allocations.--To the extent there are sufficient eligible project applications, the Administrator shall ensure that a State uses not less than 20 percent of the amount of the grants made to the State under subsection (a) in a fiscal year to carry out projects to control municipal combined sewer overflows and sanitary sewer overflows through the use of green infrastructure, water and energy efficiency improvements, and other environmentally innovative activities.”.

At the end of title V of the bill, add the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:

SEC. 5004. GREAT LAKES WATER QUALITY.

(a) Study.--The Administrator of the Environmental Protection Agency, in consultation with the Secretary of State and the Government of Canada, shall conduct a study of the condition of wastewater treatment facilities located in the United States and Canada that discharge into the Great Lakes.

(b) Contents.--In conducting the study, the Administrator shall--

(1) determine the effect that such treatment facilities have on the water quality of the Great Lakes; and

(2) develop recommendations--

(A) to improve water quality monitoring by the operators of such treatment facilities;

(B) to establish a protocol for improved notification and information sharing between the United States and Canada; and

(C) to promote cooperation between the United States and Canada to prevent the discharge of untreated and undertreated wastewater into the Great Lakes.

(c) Consultation.--In conducting the study, the Administrator shall consult with the International Joint Commission.

(d) Report.--Not later than 12 months after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study, together with the recommendations developed under subsection (b)(2).

At the end of the bill, add the following (with the correct sequential provision designations [replacing the numbers currently shown for such designations]) and conform the table of contents accordingly:

TITLE VI--PHARMACEUTICALS AND PERSONAL CARE PRODUCTS

SEC. 6001. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN WATERS OF THE UNITED STATES.

Section 104 (33 U.S.C. 1254) is amended by adding at the end the following:

“(w) Presence of Pharmaceuticals and Personal Care Products in Waters of the United States.--

“(1) Study.--The Administrator, in consultation with appropriate Federal agencies (including the National Institute of Environmental Health Sciences), shall conduct a study on the presence of pharmaceuticals and personal care products (in this subsection referred to as ‘PPCPs') in the waters of the United States.

“(2) Contents.--In conducting the study under paragraph (1), the Administrator shall--

“(A) identify PPCPs that have been detected in the waters of the United States and the levels at which such PPCPs have been detected;

“(B) identify the sources of PPCPs in the waters of the United States, including point sources and nonpoint sources of PPCP contamination; and

“(C) identify methods to control, limit, treat, or prevent PPCPs in the waters of the United States.

“(3) Report.--Not later than 12 months after the date of enactment of this subsection, the Administrator shall submit to Congress a report on the results of the study conducted under this subsection, including the potential effects of PPCPs in the waters of the United States on human health and aquatic wildlife.

“(4) Pharmaceuticals and personal care products defined.--In this subsection, the terms ‘pharmaceuticals and personal care products' and ‘PPCPs' mean products used by individuals for personal health or cosmetic reasons or used to enhance growth or health of livestock.”.