[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7279 Enrolled Bill (ENR)]
H.R.7279
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To amend the Federal Water Pollution Control Act to provide for an
integrated planning process, to promote green infrastructure, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Improvement
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Municipality.--The term ``municipality'' has the meaning
given that term in section 502 of the Federal Water Pollution
Control Act (33 U.S.C. 1362).
SEC. 3. INTEGRATED PLANS.
(a) Integrated Plans.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end the
following:
``(s) Integrated Plans.--
``(1) Definition of integrated plan.--In this subsection, the
term `integrated plan' means a plan developed in accordance with
the Integrated Municipal Stormwater and Wastewater Planning
Approach Framework, issued by the Environmental Protection Agency
and dated June 5, 2012.
``(2) In general.--The Administrator (or a State, in the case
of a permit program approved by the Administrator) shall inform
municipalities of the opportunity to develop an integrated plan
that may be incorporated into a permit under this section.
``(3) Scope.--
``(A) Scope of permit incorporating integrated plan.--A
permit issued under this section that incorporates an
integrated plan may integrate all requirements under this Act
addressed in the integrated plan, including requirements
relating to--
``(i) a combined sewer overflow;
``(ii) a capacity, management, operation, and
maintenance program for sanitary sewer collection systems;
``(iii) a municipal stormwater discharge;
``(iv) a municipal wastewater discharge; and
``(v) a water quality-based effluent limitation to
implement an applicable wasteload allocation in a total
maximum daily load.
``(B) Inclusions in integrated plan.--An integrated plan
incorporated into a permit issued under this section may
include the implementation of--
``(i) projects, including innovative projects, to
reclaim, recycle, or reuse water; and
``(ii) green infrastructure.
``(4) Compliance schedules.--
``(A) In general.--A permit issued under this section that
incorporates an integrated plan may include a schedule of
compliance, under which actions taken to meet any applicable
water quality-based effluent limitation may be implemented over
more than 1 permit term if the schedule of compliance--
``(i) is authorized by State water quality standards;
and
``(ii) meets the requirements of section 122.47 of
title 40, Code of Federal Regulations (as in effect on the
date of enactment of this subsection).
``(B) Time for compliance.--For purposes of subparagraph
(A)(ii), the requirement of section 122.47 of title 40, Code of
Federal Regulations, for compliance by an applicable statutory
deadline under this Act does not prohibit implementation of an
applicable water quality-based effluent limitation over more
than 1 permit term.
``(C) Review.--A schedule of compliance incorporated into a
permit issued under this section may be reviewed at the time
the permit is renewed to determine whether the schedule should
be modified.
``(5) Existing authorities retained.--
``(A) Applicable standards.--Nothing in this subsection
modifies any obligation to comply with applicable technology
and water quality-based effluent limitations under this Act.
``(B) Flexibility.--Nothing in this subsection reduces or
eliminates any flexibility available under this Act, including
the authority of a State to revise a water quality standard
after a use attainability analysis under section 131.10(g) of
title 40, Code of Federal Regulations (or a successor
regulation), subject to the approval of the Administrator under
section 303(c).
``(6) Clarification of state authority.--
``(A) In general.--Nothing in section 301(b)(1)(C)
precludes a State from authorizing in the water quality
standards of the State the issuance of a schedule of compliance
to meet water quality-based effluent limitations in permits
that incorporate provisions of an integrated plan.
``(B) Transition rule.--In any case in which a discharge is
subject to a judicial order or consent decree, as of the date
of enactment of this subsection, resolving an enforcement
action under this Act, any schedule of compliance issued
pursuant to an authorization in a State water quality standard
may not revise a schedule of compliance in that order or decree
to be less stringent, unless the order or decree is modified by
agreement of the parties and the court.''.
(b) Implementation of Integrated Plans Through Enforcement Tools.--
Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 1319)
is amended by adding at the end the following:
``(h) Implementation of Integrated Plans.--
``(1) In general.--In conjunction with an enforcement action
under subsection (a) or (b) relating to municipal discharges, the
Administrator shall inform a municipality of the opportunity to
develop an integrated plan, as defined in section 402(s).
``(2) Modification.--Any municipality under an administrative
order under subsection (a) or settlement agreement (including a
judicial consent decree) under subsection (b) that has developed an
integrated plan consistent with section 402(s) may request a
modification of the administrative order or settlement agreement
based on that integrated plan.''.
(c) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall submit to the Committee
on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives, and
make publicly available, a report on each integrated plan developed and
implemented through a permit, order, or judicial consent decree
pursuant to the Federal Water Pollution Control Act since the date of
publication of the ``Integrated Municipal Stormwater and Wastewater
Planning Approach Framework'' issued by the Environmental Protection
Agency and dated June 5, 2012, including a description of the control
measures, levels of control, estimated costs, and compliance schedules
for the requirements implemented through such an integrated plan.
SEC. 4. MUNICIPAL OMBUDSMAN.
(a) Establishment.--There is established within the Office of the
Administrator an Office of the Municipal Ombudsman, to be headed by a
Municipal Ombudsman.
(b) General Duties.--The duties of the Municipal Ombudsman shall
include the provision of--
(1) technical assistance to municipalities seeking to comply
with the Federal Water Pollution Control Act; and
(2) information to the Administrator to help the Administrator
ensure that agency policies are implemented by all offices of the
Environmental Protection Agency, including regional offices.
(c) Actions Required.--The Municipal Ombudsman shall work with
appropriate offices at the headquarters and regional offices of the
Environmental Protection Agency to ensure that a municipality seeking
assistance is provided information regarding--
(1) available Federal financial assistance for which the
municipality is eligible;
(2) flexibility available under the Federal Water Pollution
Control Act; and
(3) the opportunity to develop an integrated plan under section
402(s) of the Federal Water Pollution Control Act.
(d) Information Sharing.--The Municipal Ombudsman shall publish on
the website of the Environmental Protection Agency--
(1) general information relating to--
(A) the technical assistance referred to in subsection
(b)(1);
(B) the financial assistance referred to in subsection
(c)(1);
(C) the flexibility referred to in subsection (c)(2); and
(D) any resources developed by the Administrator related to
integrated plans under section 402(s) of the Federal Water
Pollution Control Act; and
(2) a copy of each permit, order, or judicial consent decree
that implements or incorporates such an integrated plan.
SEC. 5. GREEN INFRASTRUCTURE.
(a) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(27) Green infrastructure.--The term `green infrastructure'
means the range of measures that use plant or soil systems,
permeable pavement or other permeable surfaces or substrates,
stormwater harvest and reuse, or landscaping to store, infiltrate,
or evapotranspirate stormwater and reduce flows to sewer systems or
to surface waters.''.
(b) Green Infrastructure Promotion.--Title V of the Federal Water
Pollution Control Act (33 U.S.C. 1361 et seq.) is amended--
(1) by redesignating section 519 as section 520; and
(2) by inserting after section 518 the following:
``SEC. 519. GREEN INFRASTRUCTURE PROMOTION.
``(a) In General.--The Administrator shall promote the use of green
infrastructure in, and coordinate the integration of green
infrastructure into, permitting and enforcement under this Act,
planning efforts, research, technical assistance, and funding guidance
of the Environmental Protection Agency.
``(b) Coordination of Efforts.--The Administrator shall ensure that
the Office of Water coordinates efforts to increase the use of green
infrastructure with--
``(1) other Federal departments and agencies;
``(2) State, tribal, and local governments; and
``(3) the private sector.
``(c) Regional Green Infrastructure Promotion.--The Administrator
shall direct each regional office of the Environmental Protection
Agency, as appropriate based on local factors, and consistent with the
requirements of this Act, to promote and integrate the use of green
infrastructure within the region, including through--
``(1) outreach and training regarding green infrastructure
implementation for State, tribal, and local governments, tribal
communities, and the private sector; and
``(2) the incorporation of green infrastructure into permitting
and other regulatory programs, codes, and ordinance development,
including the requirements under consent decrees and settlement
agreements in enforcement actions.
``(d) Green Infrastructure Information-Sharing.--The Administrator
shall promote green infrastructure information-sharing, including
through an internet website, to share information with, and provide
technical assistance to, State, tribal, and local governments, tribal
communities, the private sector, and the public, regarding green
infrastructure approaches for--
``(1) reducing water pollution;
``(2) protecting water resources;
``(3) complying with regulatory requirements; and
``(4) achieving other environmental, public health, and
community goals.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.