S.Amdt. 1732

1. Adds SEC. 15__. POLICIES APPLICABLE TO ECONOMICALLY SIGNIFICANT ARC ROAD PROJECTS on page 469, line 22

   Adds a sectionPrinted page

   Inserted: SEC. 15__. POLICIES APPLICABLE TO ECONOMICALLY SIGNIFICANT ARC ROAD PROJECTS.

   Inserted: (a) Applicability of Section.--This section and the amendments made by this section apply to any road project (including a road project under development as of the date of enactment of this Act) that--

   Inserted: (1) is carried out within the territory of the Appalachian Regional Commission; and

   Inserted: (2) as determined by each State in which the road project is located, will have a direct and significant economic impact.

   Inserted: (b) State Water Quality Standards.--

   Inserted: (1) State water quality standards.--Section 303(c)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended--

   Inserted: (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

   Inserted: (B) by striking "(4)" and inserting "(4)(A)";

   Inserted: (C) in the matter following subparagraph (A)(ii) (as redesignated by subparagraphs (A) and (B)), by striking "The Administrator shall promulgate" and inserting the following:

   Inserted: "(iii) The Administrator shall promulgate"; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(B) Notwithstanding subparagraph (A)(ii), 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 pollutant, unless the State concurs with the determination of the Administrator that the revised or new standard is necessary to meet the requirements of this Act.".

   Show 18 more inserted paragraphsShow less

   Inserted: (2) Federal licenses and permits.--Section 401(a) of the Federal Water Pollution Control Act (33 U.S.C. 1341(a)) is amended by adding at the end the following:

   Inserted: "(7) No superseding action.--With respect to any discharge, 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 (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination.".

   Inserted: (3) State npdes permit programs.--Section 402(c) of the Federal Water Pollution Control Act (42 U.S.C. 1342(c)) is amended by adding at the end the following:

   Inserted: "(5) Limitation on authority of administrator to withdraw approval of state programs.--The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding--

   Inserted: "(A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or

   Inserted: "(B) the implementation of any Federal guidance that directs the interpretation of the water quality standards of the State.".

   Inserted: (4) Limitation on authority of administrator to object to individual permits.--Section 402(d) of the Federal Water Pollution Control Act (33 U.S.C. 1342(d)) is amended by adding at the end the following:

   Inserted: "(5) Prohibition on objections.--The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of--

   Inserted: "(A) the interpretation by the Administrator of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); or

   Inserted: "(B) the implementation of any Federal guidance that directs the interpretation of the water quality standards of the State.".

   Inserted: (c) Permits for Dredged or Fill Material.--

   Inserted: (1) Authority of epa administrator.--Section 404(c) of the Federal Water Pollution Control Act (33 U.S.C. 1344(c)) is amended--

   Inserted: (A) by striking "(c) The Administrator" and inserting the following:

   Inserted: "(c) Restrictions on Disposal Sites.--

   Inserted: "(1) In general.--The Administrator"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(2) Exception.--Paragraph (1) 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 (1).".

   Inserted: (2) State permit programs.--The first sentence of section 404(g)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1344(g)(1)) is amended by striking "The Governor of any State desiring to administer its own individual and general permit program for the discharge" and inserting "The Governor of any State desiring to administer an individual and general State permit program for some or all of the discharges".

   Original wording

   On page 469, after line 22, add the following:

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As printed