Text: H.R.2029 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2029 SC
102d CONGRESS
1st Session
 H. R. 2029
To protect coastal waters, and the waters of the Great Lakes, to extend
the authorizations for the Federal Water Pollution Control Act, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 23, 1991
Mr. STUDDS (for himself, Mrs. LOWEY of New York, and Mr. HERTEL) introduced
the following bill; which was referred jointly to the Committees on Merchant
Marine and Fisheries and Public Works and Transportation
June 25, 1991
Additional sponsors: Mr. MACHTLEY, Mr. FRANK of Massachusetts, Mr. ANDERSON,
Mr. MCDERMOTT, Mr. LIPINSKI, Ms. KAPTUR, Mr. NEAL of Massachusetts,
Mr. FASCELL, Mr. TORRES, Mr. BONIOR, Mr. HOCHBRUECKNER, Mr. LANCASTER,
Mr. RAVENEL, Mr. MAVROULES, Mr. VENTO, Mr. KENNEDY, Mr. REED, Mr. JONTZ,
and Mr. Brown
A BILL
To protect coastal waters, and the waters of the Great Lakes, to extend
the authorizations for the Federal Water Pollution Control Act, and for
other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
TITLE I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
  This Act may be cited as the `Operation Coastal Shield of 1991'.
SEC. 102. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress finds the following:
  (1) Coastal waters, including the waters of the Great Lakes, are facing
  increasing threats to their long-term health and integrity through the
  concentration of growth and development in the coastal and Great Lakes
  regions of the United States.
  (2) Special efforts must be made by all levels of government to achieve,
  maintain, and protect these areas, through--
  (A) strengthened standards and enforcement,
  (B) improved monitoring and local planning, and
  (C) increased, predictable funding for these efforts.
  (b) PURPOSE- The purpose of this Act is to forge a common commitment among
  Federal, State, and local governmental programs to protect and preserve
  coastal and Great Lakes water quality for present and future generations
  of Americans.
SEC. 103. DEFINITIONS.
  (a) In this Act--
  (1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Environmental Protection Agency.
  (2) APPROVED COASTAL ZONE MANAGEMENT PROGRAM- The term `approved coastal
  zone management program' means a State coastal zone management program
  approved by the Secretary of Commerce pursuant to section 306 of the
  Coastal Zone Management Act of 1972 (16 U.S.C. 1455).
  (3) COASTAL DISCHARGER- The term `coastal discharger' means a direct or
  indirect point source which discharges into coastal waters, and includes--
  (A) all point sources that discharge pollutants into coastal waters except
  publicly owned treatment works;
  (B) a nondomestic source of a pollutant that is introduced into a publicly
  owned treatment works that discharges into coastal waters, and that is--
  (i) subject to the  categorical pretreatment standards under section 307(b)
  of the Clean Water Act; or
  (ii) a noncategorical source of a pollutant, that has a reasonable potential
  to adversely affect the operation of a publicly owned treatment works.
  (4) COASTAL STATE- The term `coastal State' has the meaning that term
  `coastal state'  has under section 304(4) of the Coastal Zone Management
  Act of 1972 (16 U.S.C. 1453(4)).
  (5) COASTAL WATERS- The term `coastal waters' means--
  (A) the waters of the Great Lakes under the jurisdiction of the United
  States, including their connecting waters, harbors, bays, wetlands,
  and marshes;
  (B) those portions of rivers, streams, and other bodies of water having
  unimpaired natural connection with the open sea up to the historic head of
  tidal influence, including wetlands, coastal and intertidal areas, bays,
  harbors, and lagoons; and
  (C) waters of the territorial sea of the United States.
  (6) COASTAL ZONE- The term `coastal zone' has the meaning that term
  has in section 304(1) of the Coastal Zone Management Act of 1972 (16
  U.S.C. 1453(1)).
  (7) DISCHARGE OF POLLUTANTS- The terms `discharge of pollutants' and
  `discharges of pollutant' have the meanings those terms have in section
  502(12) of the  Clean Water Act (33 U.S.C. 1362(12)).
  (8) DIRECTOR- The term `Director' means the Director of the United States
  Fish and Wildlife Service.
  (9) COASTAL DEFENSE FUND- The term `Coastal Defense Fund' means the fund
  established under section 602.
  (10) SIGNIFICANT NONCOMPLIANCE- The term `significant noncompliance' means
  repeated violations of effluent limitations or other discharge requirements
  under the Clean Water Act.
  (11) STATE PERMITTING AUTHORITY- The term `State permitting authority'
  means a State official who is authorized to administer a State permit
  program for discharges into navigable waters that is approved by the
  Administrator under section 402 of the Clean Water Act (33 U.S.C. 1342).
  (12) UNDER SECRETARY- The term `Under Secretary' means the Under Secretary
  of Commerce for Oceans and Atmosphere.
  (13) CLEAN WATER ACT- The term `Clean Water Act' means the Federal Water
  Pollution Control Act (33 U.S.C. 1251 et seq.).
  (14) WATER QUALITY STANDARD- The term `water quality standard' means a
  standard which--
  (A) is adopted by a State and approved by the Administrator, or is
  promulgated by the Administrator, or otherwise takes effect, under section
  303 of the Clean Water Act (33 U.S.C. 1313); and
  (B) consists of--
  (i) a designated use or uses for water, and the waters to which the
  standard applies;
  (ii) numeric or narrative water quality criteria to protect those uses; and
  (iii) policies that ensure that water quality will not be degraded.
  (b) CLEAN WATER ACT- Section 502 of the Clean Water Act (33 U.S.C. 1362)
  is amended by adding at the end the following:
  `(22) MAJOR DISCHARGER- The term `major discharger' means an industrial
  facility that discharges pollutants into coastal waters (as that term is
  defined in section 103(5) of Operation Coastal Shield of 1991), and which is
  determined by the Administrator to constitute a major discharger based upon--
  `(A) the toxicity of the discharge;
  `(B) the flow-volume of the discharge;
  `(C) the presence of traditional pollutants in the discharge;
  `(D) the projected impacts of the discharges on receiving waters and their
  existing and designated uses; and
  `(E) such other factors as the Administrator considers to be appropriate.'.
  `(23) COASTAL WATERS- The term `coastal waters' has the meaning that term
  has under section 103 of the Operation Coastal Shield of 1991.
  `(24) WATER QUALITY- The term `water quality' means the physical, chemical,
  and biological health of aquatic ecosystems.
  `(25) WATER QUALITY STANDARD- The term `water quality standard' means a
  standard which--
  `(A) is adopted by a State and approved by the Administrator, or is
  promulgated by the Administrator, or otherwise takes effect, under section
  303; and
  `(B) consists of--
  `(i) a designated use or uses for water and the waters to which the
  standard applies;
  `(ii) numeric or narrative water quality criteria to protect those uses; and
  `(iii) policies that ensure that water quality will not be degraded.'.
TITLE II--COASTAL WATER QUALITY
SEC. 201. PURPOSE.
  The purpose of this title is to strengthen the ability of Federal and State
  water quality programs to protect and restore the quality of coastal waters
  of the United States.
SEC. 202. WATER QUALITY CRITERIA AND STANDARDS FOR COASTAL WATERS.
  (a) CRITERIA AND INFORMATION- Section 304(a) of the Clean Water Act (33
  U.S.C. 1314(a)) is amended--
  (1) in paragraph (1) by inserting after `quality' the following: `,
  including coastal water quality,';
  (2) in paragraph (7)--
  (A) by inserting `(A)' before `The Administrator'; and
  (B) by adding at the end the following new subparagraph:
  `(B) The Administrator, after consultation with appropriate State agencies
  and the public, shall develop and publish within 9 months after the effective
  date of this subparagraph guidance to States for implementing the criteria
  and information published under paragraphs (1) and (2), for developing
  water quality- and sediment quality-based effluent limitations and for
  implementing water quality-related controls on nonpoint sources pursuant
  to sections 303(d), 304(n), 319, and 320. The guidelines shall address,
  among other matters--
  `(i) restrictions on the use of mixing zones and zones of initial dilution
  in developing effluent limitations, particularly for persistent pollutants
  that bioaccumulate;
  `(ii) appropriate methods and techniques for developing water quality-
  or sediment quality-based controls on nonpoint sources, stormwater sources
  and other intermittent sources; and
  `(iii) ambient monitoring activities to accompany water quality protection
  requirements for nonpoint sources stormwater sources and other intermittent
  sources based on such criteria and information.'; and
  (3) by adding at the end the following new paragraph:
  `(9) REVISION OF CRITERIA-
  `(A) WORKPLAN FOR CRITERIA FOR COASTAL WATER POLLUTANTS- Within 6
  months after the effective date of this paragraph and after soliciting
  recommendations from State officials on the criteria most in need of issuance
  or revision, the Administrator shall submit a workplan to the Committee
  on Environment and Public Works of the Senate, and to the Committees on
  Public Works and Transportation and Merchant Marine and Fisheries of the
  House of Representatives, consisting of a detailed 5-year schedule for
  developing and revising criteria for pollutants found in coastal waters.
  `(B) ISSUANCE AND REVISION OF CRITERIA- The Administrator, in accordance
  with the workplan submitted under this paragraph, shall issue or revise
  no less than 5 new criteria, and revise no less than 5 existing criteria,
  biennially for those pollutants which pose the greatest risk to coastal
  waters. In developing a schedule for that issuance and revision of criteria,
  the Administrator shall consult with the Under Secretary and the Governors
  of affected coastal States.
  `(C) BIOLOGICAL ASSESSMENT CRITERIA- Within 2 years after the effective
  date of this paragraph and from time-to-time thereafter, the Administrator
  shall develop and publish biological criteria for assessing and protecting
  coastal water quality and coastal habitat, that will complement the
  pollutant-specific criteria published under this section.'.
  (b) STANDARDS- Section 303(c)(2) of the Clean Water Act (33
  U.S.C. 1313(c)(2)) is amended by adding at the end the following new
  subparagraph:
  `(C) STANDARDS FOR COASTAL WATERS-
  `(i) ADOPTION BY STATE- Each coastal State shall, no later than 2 years
  after the effective date of this subparagraph and thereafter whenever
  the coastal State reviews water quality standards pursuant to paragraph
  (1), adopt coastal water quality standards for those pollutants for which
  criteria and information have been issued under section 304(a).
  `(ii) FAILURE OF STATE TO ADOPT STANDARD- If a coastal State fails to
  adopt approvable coastal water quality standards as required under this
  subparagraph, the criteria issued by the Administrator pursuant to section
  304(a) shall take effect immediately as interim enforceable water quality
  standards for coastal waters of that State pending the promulgation of
  applicable State standards. Such interim standards shall be designed to
  protect the designated uses established by the State and achieve the goals
  of the Act.'.
  (c) ADDITIONAL AMENDMENTS-
  (1) CONSULTATION BY ADMINISTRATOR- Subsections (a)(1) and (b) of section
  304 of the Clean Water Act (33 U.S.C. 1314(a)(1) and (b)) are each
  amended in the first sentence by inserting after `after consultations
  with appropriate Federal and State agencies' the following: `(including
  the United States Fish and Wildlife Service and the National Oceanic and
  Atmospheric Administration)'.
  (2) INFORMATION ON WATER QUALITY CRITERIA- Section 304(a)(8) of the Clean
  Water Act (33 U.S.C. 1314(a)(8)) is amended by--
  (A) inserting `and from time-to-time thereafter' after `the Water Quality
  Act of 1987'; and
  (B) inserting `, and for other pollutants that may pose risks to coastal
  and Great Lakes water quality,' after `toxic pollutants'.
  (3) STATE CERTIFICATION OF DISCHARGES- Section 401(a)(1) of the Clean
  Water Act (33 U.S.C. 1341(a)(1)) is amended--
  (A) in the third sentence by inserting after `such State or interstate
  agency' the following: `shall consult with appropriate State fish and
  wildlife authorities on the water quality impacts of each proposed license
  or permit, and';
  (B) in the first sentence by striking `at the point'; and
  (C) in the first sentence by inserting before the period at the end the
  following: `, and that the activity will not cause or contribute to a
  failure to achieve water quality standards adopted pursuant to section 303.'.
  (4) DEFINITION OF DISCHARGE- Section 502(16) of the Clean Water Act (33
  U.S.C. 1362(16)) is amended by inserting `but is not limited to' after
  `includes'.
SEC. 203. TARGETING COASTAL WATER QUALITY.
  (a) COASTAL WATER QUALITY- Section 304 of the Clean Water Act (33
  U.S.C. 1314) is amended by adding at the end the following new subsection:
  `(n) COMPREHENSIVE COASTAL WATER QUALITY PROGRAMS-
  `(1) IN GENERAL- Each coastal State shall within 24 months after the date
  of the enactment of this section develop a Coastal Water Quality Protection
  Program for restoring and protecting coastal water quality. Such a program,
  if approved by the Administrator in accordance with this subsection, shall
  apply to coastal waters of the State in lieu of water quality planning and
  implementation requirements otherwise applicable to coastal waters under
  section 303(d).
  `(2) PROGRAM CONTENTS- A State Coastal Water Quality Protection Program
  required by this section shall--
  `(A) take into account and incorporate the requirements of section 304(l),
  319, and 320 of this Act and section 6217 of Public Law 101-508.
  `(B) from time to time, but at least once every 3 years--
  `(i) identify coastal waters of the State for which applicable water
  quality standards cannot reasonably be expected to be achieved or maintained,
  `(ii) identify coastal waters of the State that, although currently meeting
  applicable water quality standards, are threatened by reasonably foreseeable
  increases in pollutant loadings from new or expanding sources of pollution;
  `(iii) establish a priority ranking for coastal waters identified under
  clauses (i) and (ii) pursuant to this section and schedules for developing
  water quality restoration plans for those waters, which schedules shall
  be submitted for approval to the Administrator; and
  `(iv) develop and implement, in accordance with the schedules approved
  under clause (ii), coastal water quality restoration plans for coastal
  waters identified under clauses (i) and (ii);
  `(C) provide for a system of allocating and exchanging discharge reduction
  credits and pollution offsets among point sources, and between point and
  nonpoint sources, of conventional pollutants and nutrients into coastal
  waters, that--
  `(i) promotes an efficient pollution reduction program among sources of
  pollutants into a specific coastal waterbody or watershed that are the
  subject of the exchange or trade;
  `(ii) requires that all reductions in point source loadings achieved
  through such exchanges between point and nonpoint sources provide for at
  least a 2-fold reduction in loadings from those nonpoint sources;
  `(iii) is compatible with the antidegradation requirements of this Act
  and ensures that no net increases in pollution loadings will occur as a
  result of such system;
  `(iv) ensures full compliance with the technology-based effluent limitations
  established under section 301(b);
  `(v) places the burden of proof of compliance with the requirements of the
  system on the point source dischargers participating in such exchanges; and
  `(vi) otherwise provides the necessary mechanisms to promote compliance
  with the system;
  `(D) establish a system, through permitting requirements or other
  administrative mechanisms, whereby the Governor of the coastal State or
  another appropriate State authority shall certify that the issuance or
  renewal of any discharge permit or the undertaking of any other activity
  that is subject to the requirements of a coastal water quality restoration
  plan approved under this subsection complies with and is fully consistent
  with such requirements;
  `(E) ensure ample opportunity for public participation in all elements of
  the program; and
  `(F) include adequate mechanisms and procedures to ensure compliance with
  requirements of the program.
  `(3) RESTORATION PLANS- Each coastal water quality restoration plan
  required under paragraph (2) shall, where applicable, build upon and
  supplement effluent limits for point sources required under section 402
  and management measures for nonpoint sources required under section 6217
  of Public Law 101-508, and shall--
  `(A) identify the pollutants that are causing or contributing to the
  failure of the waters covered by the plan to attain or maintain water
  quality standards or designated uses, and the sources of those pollutants;
  `(B) estimate the total reduction in pollutant loadings that are necessary
  to attain water quality standards and protect designated uses for waters
  covered by the plan, with seasonal variations and a margin of safety
  which takes into account any lack of knowledge concerning the relationship
  between individual pollutant sources and water quality;
  `(C) identify and implement enforceable water quality-based effluent
  limitations applicable to point sources and pollution control measures
  applicable to nonpoint sources, that will achieve rapid further progress in
  reducing pollutant loadings to achieve water quality standards for waters
  covered by the plan no later than 5 years after the adoption of the plan
  or thereafter as soon as possible, taking into account the time required
  for full implementation of applicable requirements for nonpoint sources
  under the plan;
  `(D) consolidate the schedules for issuing, reissuing, or amending existing
  permits as appropriate to incorporate on a timely basis the necessary
  effluent limits, monitoring, and other additional requirements under the
  plan; and
  `(E) identify an equitable allocation of existing and additional monitoring
  and data collection activities of permittees and Federal, State, and local
  authorities that will be necessary to ensure the success of the plan, taking
  into account where appropriate any Coastal Water Quality Monitoring Program
  developed pursuant to section 405 of the Operation Coastal Shield of 1991.
  `(4) REVIEW AND APPROVAL-
  `(A) PROGRAM APPROVAL- No later than 2 years after the date of the enactment
  of this subsection, each coastal State shall submit to the Administrator the
  Coastal Water Quality Protection Program required by this subsection. The
  Administrator shall--
  `(i) approve the program if the Administrator finds that it meets the
  requirements of this section; or
  `(ii) promptly inform the State of the modifications that are necessary
  to meet these requirements and provide a reasonable time within which the
  modifications may be made.
  `(B) RESTORATION PLAN DEVELOPMENT SCHEDULES-
  `(i) SUBMISSION AND APPROVAL- Whenever a coastal State develops a schedule
  for developing water quality restoration plans, as required by paragraph
  (2)(B)(iii), the State shall submit it to the Administrator for approval. If
  the schedule commits the State to rapid further progress in attaining and
  maintaining coastal water quality standards and protecting designated uses,
  the Administrator shall approve the schedule, which shall then become
  enforceable components of the State's water quality program.
  `(ii) DEVELOPMENT BY ADMINISTRATOR- If a coastal State fails to submit an
  approvable schedule for the development and implementation of water quality
  protection plans as required by paragraph (2)(B)(iii), the Administrator,
  in consultation with the State and the public, shall develop such a schedule
  for the State, which then shall govern the development and implementation of
  coastal water quality protection plans under this subsection for the State.
  `(C) RESTORATION PLANS-
  `(i) SUBMISSION AND APPROVAL- Whenever a State develops a coastal water
  quality restoration plan under paragraph (2)(B)(iv), it shall submit the
  proposed plan to the Administrator. The Administrator shall review the plan
  and approve it if the Administrator finds that it meets the requirements
  of this section.
  `(ii) DEVELOPMENT BY ADMINISTRATOR- If a State fails to develop or implement
  a water quality restoration plan in accordance with the requirements of
  this section (including a schedule in effect under subparagraph (B)),
  the Administrator, after notice and public comment, shall develop such a
  plan for the State, which shall then serve as an approved coastal water
  quality protection plan under this subsection.
  `(5) DEFINITIONS- For the purposes of this subsection, the term--
  `(A) `coastal water quality' includes the physical, chemical, and biological
  parameters that relate to the health and integrity of coastal aquatic
  ecosystems;
  `(B) `Under Secretary' means the Under Secretary of Commerce for Oceans
  and Atmosphere; and
  `(C) `management measures' means economically achievable enforceable
  measures for the control of pollutants from existing and new categories
  and classes of nonpoint sources of pollution, which reflect the greatest
  degree of pollution reduction achievable through the application of the
  best available nonpoint source pollution control practices, technologies,
  processes, operating methods, or other activities, as required by section
  6217 of Public Law 101-508.'.
  (b) CONFORMING AMENDMENTS- Section 303(d) of the Clean Water Act (33
  U.S.C. 1313(d)) is amended--
  (1) in paragraph (1)(A) by adding at the end of the first sentence thereof
  the following: `, and those coastal waters which are otherwise failing
  to attain or maintain applicable water quality standards because of other
  sources of pollution into such waters';
  (2) in paragraph (1)(C) in the second sentence by inserting `through
  restrictions on point sources and nonpoint sources' after `applicable
  water quality standards';
  (3) in paragraph (2) in the first sentence by inserting `(but at least
  once each 3-year period)' after `from time to time'.
  (4) by striking `total maximum daily load' each place it appears and
  inserting `maximum total load';
  (5) in paragraph (1)(D) by striking `total maximum daily thermal load'
  and inserting `maximum total thermal load'; and
  (6) in paragraph (2)--
  (A) by inserting `(A)' before `Each State'; and
  (B) by adding at the end the following:
  `(B) COASTAL WATER QUALITY RESTORATION PLANS- Each coastal State shall
  develop and submit to the Administration for approval Coastal Water
  Quality Restoration Plans, in accordance with schedules approved under
  section 304(n)(4)(B). The approval and implementation of such plans shall
  be governed by section 304(n)(4)(C).
  (c) REPORTING AND COMPLIANCE-
  (1) BIENNIAL STATE WATER QUALITY REPORTS- Section 305(b)(1) of the Clean
  Water Act (33 U.S.C. 1315(b)(1)) is amended--
  (A) in subparagraph (D) by striking `and' after the semicolon;
  (B) in subparagraph (E) by striking the period and inserting `; and'; and
  (C) by adding at the end the following new subparagraph:
  `(F) for coastal States, a description of--
  `(i) the activities undertaken to establish and implement water quality
  standards based upon biological criteria for coastal waters within the
  State; and
  `(ii) the activities to develop and implement the State's Coastal Water
  Quality Protection Program under section 304(n).'.
  (2) STATE POLLUTION CONTROL REPORTS- Section 106(f)(3) of the Clean Water Act
  (33 U.S.C. 1256(f)(3)) is amended by adding at the end thereof the following:
  `(4) In the case of a coastal State, such State includes with each submission
  under paragraph (3) a report describing--
  `(A) its implementation of its Coastal Water Quality Protection Program
  under section 304(n); and
  `(B) its progress in developing and implementing individual water quality
  restoration plans pursuant to that program.'.
  (3) JUDICIAL REVIEW- Section 509(b)(1) of the Clean Water Act (33
  U.S.C. 1369(b)(1)) is amended--
  (A) in clause (F) by striking `and'; and
  (B) in clause (G) by inserting after `304(l),' the following: `and (H)
  taking any action required under section 304(n),'.
  (4) COMPLIANCE ORDERS- Section 309(a)(3) of the Clean Water Act (33
  U.S.C. 1319(a)) is amended by inserting `303, 304(n),' after `302,'.
  (5) THIRD PARTY ACTIONS- Section 505 of the Clean Water Act (33 U.S.C. 1365)
  is amended--
  (A) in subsection (a)(1)--
  (i) in clause (A) by striking `Act or' and inserting `Act,'; and
  (ii) in clause (B) by inserting after `limitation or' the following:
  `(C) the requirements of section 304(n)';
  (B) in subsection (a)(2)--
  (i) by inserting `or the Governor of a State' after `against the
  Administrator'; and
  (ii) by inserting `or the Governor' after `with the Administration';
  (C) in the second sentence of subsection (a)--
  (i) by inserting `or to enforce a requirement described in subsection
  (a)(1)(C),' after `may be,'; and
  (ii) by inserting `Or the Governor of a State' after `Administrator'.
  (D) in subsection (f)--
  (i) in clause (6) by striking `or' after the semicolon at the end; and
  (ii) in clause (7) by striking `Act.,' and inserting `Act; or (8) the
  requirements of section 304(n) of this Act and coastal water quality
  restoration plans approved pursuant to that section.'; and
  (E) in subsection (b)(1)(A) by inserting `requirement,' after `limitation,'.
  (e) RESERVATION- Except as explicitly provided for in this section, nothing
  in this section shall affect the requirements or schedules established
  under the Clean Water Act or section 6217 of Public Law 101-508, judicially
  approved consent decrees established under section 309 or 505 of that Act
  (33 U.S.C. 1319, 1365), or approved control strategies, management programs,
  or plans under section 304(l), 319, or 320 of that Act (33 U.S.C. 1314(l),
  1329, 1330).
SEC. 204. COASTAL DISCHARGE CRITERIA.
  (a) PERMIT REQUIREMENT- Section 301(a) of the Clean Water Act (33
  U.S.C. 1311(a)) is amended by inserting `403,' after `402,'.
  (b) EXPANDED APPLICATION OF OCEAN DISCHARGE CRITERIA- Subsections (a)
  and (b) of section 403(a) of the Clean Water Act (33 U.S.C. 1343(a),
  (b)) are amended to read as follows:
  `(a) DISCHARGE PERMITS- Except in compliance with the guidelines issued
  under subsection (c), no permit may be issued or renewed under section
  402 for a discharge into--
  `(1) the territorial sea;
  `(2) the waters of the contiguous zone;
  `(3) the oceans; or
  `(4) estuaries selected under section 320.
  `(b) WAIVER- Section 402(d) may not be waived for permits for discharges
  into--
  `(1) estuaries selected under section 320; or
  `(2) the territorial sea.'.
  (c) GUIDELINES- Subsection (c)(1) of section 403 of the Clean Water Act
  (33 U.S.C. 1343(c)(1)) is amended by striking `and the oceans' and inserting
  `, the oceans, and estuaries selected under section 320'.
  (d) REVIEW AND REVISION OF GUIDELINES- Not later than 18 months after
  the date of the enactment of this Act, the Administrator shall review and
  revise the guidelines required under section 403(c) of the Clean Water Act
  (33 U.S.C. 1343(c)) to prevent the degradation of coastal water quality
  and to include changes made by this Act.
SEC. 205. MARINE SANITATION DEVICES.
  (a) MUNICIPAL ENFORCEMENT- Section 312(k) of the Clean Water Act (33
  U.S.C. 1322(k)) is amended--
  (1) by inserting `(1)' after `(k)';
  (2) by inserting `or political subdivisions thereof' after `the States'; and
  (3) by adding at the end the following new paragraph:
  `(2) COOPERATIVE AGREEMENTS-
  `(A) IN GENERAL- A Governor may request in writing that the Secretary of
  the department in which the Coast Guard is operating enter into, and the
  Secretary may enter into, a cooperative agreement with the Governor that
  will authorize the State and its political subdivisions to enforce the
  requirements of this section. The request shall be accompanied by whatever
  additional documentation the Secretary considers necessary to assess the
  ability of the State or its political subdivisions to enforce this section
  fairly and efficiently.
  `(B) REVIEW OF REQUEST FOR AGREEMENT- The Secretary shall respond to
  a written request under this paragraph not later than 180 days after
  receiving the request. If the Secretary denies the request, the Secretary
  shall describe fully the reasons for the denial and provide the Governor
  an opportunity to revise the request to the satisfaction of the Secretary.
  `(C) ASSESSMENT OF PENALTIES- A cooperative agreement under this paragraph
  shall authorize the State or its political subdivisions to assess the
  penalties authorized by this section. Any penalties so assessed shall be
  retained by the State or political subdivision thereof for use to further
  the purposes of this section.'.
  (b) NOTIFICATION- Within one year after the date of the enactment of this
  Act, the Director and the Administrator shall notify in writing the fish and
  game and the water pollution control authorities of each coastal State of the
  availability of funds under the Act of August 5, 1950 (16 U.S.C. 777g(b)(1)),
  to finance the establishment and improvement of shoreside pumpout stations
  for marine sanitation devices. Such notification shall include--
  (1) a description of the availability of funds in the Sport Fish Restoration
  Account for such purposes;
  (2) a projection of the allotments on a State-by-State basis under such
  program for the succeeding 5 years;
  (3) guidance relating to the types of pumpout facilities that may be
  appropriate;
  (4) guidance on the coastal aquatic ecosystems most likely to be affected
  by the discharge of sewage from vessels; and
  (5) such other information that the Director and the Administrator consider
  suitable to promote the establishment of shoreside pumpout facilities to
  reduce sewage discharges from vessels and to protect coastal waters.
  (c) STANDARDS AND REGULATIONS-
  (1) REVIEW AND REVISION OF STANDARDS- Not later than one year after the
  date of the enactment of this Act, the Administrator shall review and
  revise the standards issued under section 312(b)(1) of the Clean Water Act
  (33 U.S.C. 1322(b)(1)) to prevent to the maximum extent possible discharges
  from vessels equipped with Type III marine aviation devices.
  (2) REVISION OF REGULATIONS- Not later than 6 months after the date on which
  revised standards are issued pursuant to paragraph (1), the Secretary of
  Transportation shall revise the regulations issued under section 312(b)(1) of
  the Clean Water Act (33 U.S.C. 1322(b)(1) to reflect those revised standards.
SEC. 206. COASTAL POLLUTION CONTROL MEASURES FOR NONPOINT SOURCES.
  (a) IDENTIFICATION OF MEASURES- The Administrator, in consultation with
  the Under Secretary, the Director, and other Federal agencies and after
  notice and public comment, shall--
  (1) identify those pollution control measures, in addition to the management
  measures required under section 6217 of Public Law 101-508, that may be
  suitable for reducing or controlling the introduction of pollutants into
  coastal waters from nonpoint sources;
  (2) develop techniques and models for evaluating the effectiveness of
  these measures, based upon the best available scientific information
  that provides a reasonable basis for making quantitative estimates of the
  pollution reduction effects of the measures; and
  (3) develop and make available to State and local authorities the technical
  guidance and capabilities for such implementation and monitoring of those
  measures as may be necessary to achieve and maintain coastal water quality.
  (b) EVALUATION TECHNIQUES- Pollution control measures identified under
  subsection (a) shall include the techniques, methods, or practices that
  the Administrator has identified as being reasonably likely to reduce or
  eliminate sources of pollution into coastal waters from nonpoint sources,
  and shall include--
  (1) a description of the categories and subcategories of activities for
  which each measure may be suitable;
  (2) a detailed description of the methods or practices, including structural
  and nonstructural controls and operations and maintenance procedures,
  that constitute each control measure;
  (3) a detailed identification of the individual pollutants or water quality
  impairments that may be affected by the measures;
  (4) a reliable method to make quantitative estimates of the pollution
  reduction effects of the measure; and
  (5) the monitoring requirements to accompany the measure to assess over
  time the success of the measure in reducing pollution loads.
  (c) DETERMINATION IN ACCORDANCE WITH TECHNIQUES; REBUTTABLE PRESUMPTION-
  Any determination of the pollution reduction effects of a pollution control
  measure identified by the Administrator under this section shall--
  (1) be made in accordance with the techniques developed pursuant to
  subsection (a)(2); and
  (2) have the force and effect of a rebuttable presumption in any
  administrative or judicial proceeding under this Act or the Clean Water Act.
SEC. 207. REGULATIONS FOR SPECIFIC POLLUTANTS.
  Section 304(e) of the Clean Water Act (33 U.S.C. 1314(e)) is amended--
  (1) by inserting `(1)' after `(e)';
  (2) in the first sentence by striking `as a toxic or hazardous pollutant
  under section 307(a)(1) or 311 of' and inserting `under';
  (3) in the first sentence by striking `and drainage from raw material
  storage' and inserting `drainage from raw material storage, or other
  release';
  (4) in the first sentence by striking the term `navigable waters' and
  inserting `the environment'; and
  (5) by adding at the end the following:
  `(2)  CONTENT OF REGULATIONS- Regulations under this section may require
  among other matters--
  `(A) an assessment by point sources that are subject to the regulation of
  the impacts on human health and the environment of the pollutants discharged
  by the point source that are covered by the regulations;
  `(B) an evaluation of the best available technological alternatives
  economically achievable to eliminate or reduce those impacts;
  `(C) a schedule for implementing the necessary controls or process
  modifications to eliminate or reduce those impacts; and
  `(D) such additional training and technical assistance as the Administrator
  considers appropriate.
  `(3) PROHIBITION OR RESTRICTION OF RELEASES- In implementing this subsection
  the Administrator shall identify releases of pollutants that may cause
  unacceptable risks to human health or the environment, with particular
  emphasis on persistent toxics, and shall exercise the authorities available
  under section 6 of Public Law 94-469, to prohibit or restrict the production
  or use of such pollutants to eliminate those risks.'.
SEC. 208. NATIONAL ESTUARY PROGRAM.
  (a) MANAGEMENT PLANS- Section 320(b) of the Clean Water Act (33
  U.S.C. 1330(b)) is amended--
  (1) by redesignating paragraphs (1) through (7) in order as paragraphs (2),
  (3), (4), (6), (7), (8), and (9);
  (2) by inserting before paragraph (2), as so redesignated the following
  new paragraph:
  `(1) conduct within one year after the convening of the conference a
  literature survey to identify existing information on the environmental
  health of the estuary;';
  (3) by inserting after paragraph (4), as so redesignated, the following:
  `(5) identify within 3 years after the convening of the conference the major
  environmental problems and priorities that the comprehensive conservation
  and management plan should address;';
  (4) in paragraph (6), as so redesignated, by inserting `, within 5 years
  after the date on which the management conference is convened,' after `plan';
  (5) in paragraph (6), as so redesignated, by inserting `(including policies
  enforceable under State law)' after `actions';
  (6) by amending paragraph (9), as so redesignated, to read as follows:
  `(9) identify all Federal activities (including development projects,
  financial assistance programs, and licensing and permitting activities)
  that may affect the requirements and objectives of the conservation and
  management plan developed under this section; and'; and
  (7) by adding at the end the following new paragraph:
  `(10) identify portions of the conservation and management plan
  developed under this section which should be included in a State coastal
  zone management program approved under section 306(c) of the Coastal
  Zone Management Act of 1972 (16 U.S.C. 1455(c)) and make appropriate
  recommendations to the Governor and the Under Secretary for that inclusion.'.
  (b) FISHERIES AND WILDLIFE-
  (1) MEMBERS OF CONFERENCE- Section 320(c)(3) of the Clean Water Act
  (33 U.S.C. 1330(c)(3)) is amended by inserting `including those Federal
  agencies with responsibility for conserving and protecting living resources
  including fish, shellfish, and wildlife,' after `Federal agency,'.
  (2) RESEARCH- Section 320(j)(2) of the Clean Water Act (33 U.S.C. 1330(j)(2))
  is amended by inserting `and the Director of the United States Fish and
  Wildlife Service' after `Administration'.
  (c) MANAGEMENT CONFERENCES- Section 320(e) of the Clean Water Act (33
  U.S.C. 1330(e)) is amended to read as follows:
  `(e) PERIOD OF CONFERENCE- A management conference convened under this
  section shall be convened for a period of at least 5 years. Upon approval
  of a plan under subsection (f), the Administrator may extend a conference
  for an additional 5 years if the affected Governor or Governors concur in
  the extension and the extension is necessary to meet the requirements of
  this section.'.
  (d) APPROVAL AND IMPLEMENTATION OF CONSERVATION AND MANAGEMENT PLANS-
  Section 320(f) of the Clean Water Act (33 U.S.C. 1330(f)) is amended to
  read as follows:
  `(f) APPROVAL AND IMPLEMENTATION OF PLANS-
  `(1) APPROVAL- Not later than 120 days after the completion of a conservation
  and management plan and after providing for public review and comment,
  the Administrator shall approve the plan if--
  `(A) it meets the requirements of this section;
  `(B) it specifies the implementation responsibilities, including funding
  responsibilities and implementation schedules, of the Federal Government
  and of State and local governments that participated in development of
  the plan; and
  `(C) the affected Governor or Governors concur.
  `(2) IMPLEMENTATION- Upon approval of a plan under this section, the
  Administrator, as a nondiscretionary duty, shall ensure that the Federal
  responsibilities and commitments under the plan are complied with and
  implemented. The Administrator, in conjunction with and with the assistance
  of the management conference, shall--
  `(A) provide assistance, including administrative and technical assistance,
  to the management conference for implementation of the plan;
  `(B) coordinate Federal programs necessary for implementing the plan;
  `(C) make recommendations to the management conference on enforcement and
  technical assistance activities necessary to ensure compliance with and
  implementation of the plan;
  `(D) collect and make available to the public publications and other forms
  of information relating to implementation of the plan; and
  `(E) make grants under subsection (g) for implementing the plan.
  `(3) FUNDING- Funds authorized to be appropriated under subsection (i)(2),
  section 319, and section 603 may be used in accordance with the applicable
  requirements of this Act to assist States with the implementation of a
  conservation and management plan under this section.
  `(4) CONSISTENCY- Upon approval of a conservation and management plan
  under this section, each Federal agency activity identified pursuant
  to subsection (b)(7) with respect to a conservation and management plan
  shall be conducted in a manner which is consistent with the enforceable
  requirements of the plan.'.
  (d) GRANTS- Section 320(g) of the Clean Water Act (33 U.S.C. 1330(g))
  is amended to read as follows:
  `(g) GRANTS-
  `(1) RECIPIENTS- The Administrator may make grants under this subsection to--
  `(A) State, interstate, and regional water pollution control agencies
  and entities,
  `(B) State coastal zone management agencies,
  `(C) interstate agencies,
  `(D) other public or nonprofit private agencies, institutions, and
  `(E) organizations, and individuals.
  `(2) PURPOSES- Grants under this subsection may be made for--
  `(A) development of conservation and management plans under this section,
  including research, surveys, studies, modeling, and other technical work
  necessary for the development of a plan; and
  `(B) implementation of approved conservation and management plans, including
  any additional research, planning, enforcement, and citizen involvement
  and education activities necessary to improve plan, including for citizen
  involvement and education activities, implementation.
  `(3) FEDERAL SHARE-
  `(A) IN GENERAL- The total amount of grants to conduct or support activities
  under the direction of a management conference under this subsection for a
  fiscal year shall not exceed 75 percent of the costs of research, survey,
  studies, public participation and education, and other activities carried
  out under the direction of the management conference.
  `(B) NON-FEDERAL SHARE- All grants under this subsection shall be made
  on the condition that the non-Federal share of the costs of activities
  carried out with the grants are provided from non-Federal sources.'.
  (e) AUTHORIZATION OF APPROPRIATIONS- Section 320(i) of the Clean Water Act
  (33 U.S.C. 1330(i)) is amended to read as follows:
  `(i) AUTHORIZATION OF APPROPRIATIONS-
  `(1) There is authorized to be appropriated to the Administrator--
  `(A) not to exceed $20,000,000 for each of fiscal years 1992 through
  1999, for--
  `(i) expenses related to the administration of management conferences under
  this section, except that not more than 10 percent of amounts appropriated
  under this paragraph may be used for that purpose; and
  `(ii) making conservation and management plan development grants under
  subsection (g)(2)(A); and
  `(B) not to exceed $20,000,000 for each of fiscal years 1992 through 1999,
  for making conservation and management plan implementation grants under
  subsection (g)(2)(B).
  `(2) There is authorized to be appropriated to the Under Secretary of
  Commerce for Oceans and Atmosphere and to the Director of the United States
  Fish and Wildlife Service not to exceed $5,000,000 to each for fiscal years
  1992 through 1999 to participate in the development and implementation
  of comprehensive conservation and management plans and to otherwise carry
  out their responsibilities under this section.'.
  (f) ENFORCEMENT- Section 309(a)(3) of the Clean Water Act (33
  U.S.C. 1319(a)(3)) is amended by inserting `320,' after `318,'.
  (g) TECHNICAL CORRECTION- Section 2001 of the Act of November 18, 1988
  (102 Stat. 4139 et seq.), is amended--
  (1) by striking paragraph (1); and
  (2) in paragraph (3) by striking the semicolon after `Texas'.
SEC. 209. EXISTING PROVISION NOT AFFECTED.
  Nothing in this Act (including the amendments made by this Act)--
  (1) amends, repeals, supersedes, or otherwise affects the application of
  section 214(g) of the Caribbean Basin Economic Recovery Act (33 U.S.C. 1311
  note); or
  (2) otherwise applies to a discharge described in that section.
TITLE III--COASTAL AND GREAT LAKES CONTAMINATED SEDIMENTS REMEDIATION PROGRAM
SEC. 301. PURPOSE.
  The purpose of this title is to--
  (1) provide for a comprehensive national survey of sediment contamination
  in coastal waters and the Great Lakes;
  (2) direct the Environmental Protection Agency to develop sediment quality
  criteria and standards to--
  (A) identify sediments which are contaminated,
  (B) establish discharge limits, and
  (C) define cleanup objectives;
  (3) direct the Environmental Protection Agency and the Army Corps of
  Engineers to develop guidelines for the implementation of restoration
  projects for contaminated sediments; and
  (4) direct the Environmental Protection Agency and the Army Corps of
  Engineers to implement contaminated sediment cleanup projects in coastal
  and Great Lakes waters.
SEC. 302. DEFINITIONS.
  For the purposes of this title:
  (1) CONTAMINANT- The term `contaminant' means any solid, liquid, semisolid,
  dissolved solid, gaseous material or disease causing agent which upon
  exposure, ingestion, inhalation, or assimilation into any organism, either
  directly from the environment or indirectly by ingestion through food
  chains, may, on the basis of information available to the Administrator,
  pose a risk of or cause death, disease, behavioral abnormalities, cancer,
  genetic mutations, physiological malfunctions (including malfunctions in
  reproduction), or physical deformations, in the organism or their offspring.
  (2) RELEASE; REMEDIAL ACTION, HAZARDOUS SUBSTANCE- The terms `release',
  `remedial action', and `hazardous substance' shall have the meaning provided
  in section 101 of the Comprehensive Environmental Response, Compensation,
  and Liability Act, as amended.
SEC. 303. CONTAMINATED SEDIMENTS SURVEY.
  (a) SURVEY- The Administrator, in conjunction with the Secretary, the
  Director, and the Under Secretary, shall conduct a comprehensive national
  survey of data regarding bottom sediment contamination in Great Lakes
  and coastal waters of the United States. The purpose of the survey is to
  assess the scope and severity of the sediment contamination, to identify
  those areas for which additional pollution reduction requirements may be
  required, and to provide a basis for determining the appropriate order of
  priority for undertaking remedial actions pursuant to this section.
  (b) DATA REVIEW- In conducting the survey, the Administrator shall compile
  all existing information on--
  (1) the quantity, chemical and physical makeup, and geographic location
  of contaminated sediments,
  (2) the aquatic resources that may be in the vicinity of the contamination,
  (3) the degree of risk to public health and aquatic life from the
  contamination, and
  (4) any other appropriate factors.
  (c) REPORT- Not later than 12 months after the date of enactment of this
  section, the Administrator shall report to the Congress the findings of
  the survey under this section.
SEC. 304. SEDIMENTS CRITERIA AND STANDARDS.
  (a) CRITERIA-
  (1) IN GENERAL- Not later than 2 years after the enactment of this Act,
  the Administrator, after consultation with the Secretary of the Army and
  other appropriate authorities, shall develop and publish--
  (A) criteria for sediment quality reflecting the best scientific information
  available on the effects on health and the environment which may be expected
  from contaminants in sediment, and
  (B) information on the factors necessary to restore and maintain the
  chemical, physical, and biological integrity of aquatic ecosystems.
  (2) PURPOSE OF CRITERIA- The purpose of criteria published under this
  subsection shall be, among other things, to provide a basis for--
  (A) evaluating the severity of sediment contamination in coastal and
  Great Lakes waters, the risks to public health and the environment posed
  by the contamination;
  (B) provide the technical foundation for the development of sediment
  standards pursuant to section 303 of the Clean Water Act (33 U.S.C. 1313);
  (C) developing national sediment remediation standards under subsection
  (b); and
  (D) identifying and ranking locations of contaminated sediments for
  purposes of remediation projects under section 115 of the Clean Water Act,
  as amended by section 305.
  (3) EXISTING CRITERIA AND INFORMATION- In the case of any pollutant for
  which criteria and information are published under subsection 304(a) of
  the Clean Water Act (33 U.S.C. 1314(a)), the Administrator shall revise
  and republish such criteria and information as necessary to support the
  development of sediment criteria pursuant to this section.
  (4) PETITION FOR PUBLICATION-
  (A) IN GENERAL- In the case of a pollutant for which criteria and information
  have not been published pursuant to this section, any person may petition
  the Administrator to develop and publish such criteria for Great Lakes
  and coastal sediment.
  (B) EVIDENCE OF EFFECTS- A petitioner under this paragraph shall accompany
  the request with whatever evidence of the effects of the pollutant on
  human health and the environment may be available to the petitioner.
  (C) APPROVAL OF PETITION- The Administrator shall approve a petition under
  this paragraph if the Administrator determines that the pollutant when
  present in sediments, is preventing--
  (i) the attainment of a balanced, indigenous population of fish, shellfish,
  and wildlife, or
  (ii) recreation in and on the Great Lakes or coastal waters.
  (b) NATIONAL SEDIMENT REMEDIATION STANDARDS-
  (1) IN GENERAL- The Administrator, in consultation with the Secretary of
  the Army and the Under Secretary shall issue within 2 years after the date
  of the enactment of this Act, national sediment remediation standards that
  will govern remediation projects involving contaminated sediments under
  this title and other applicable Federal law. The remediation standards
  shall ensure that the projects result in cleanup of contaminated sediments
  sufficient to protect public health and the environment from further
  release or uptake of contaminants.
  (2) STANDARDS FOR CONTAMINANTS IN WATER COLUMN- The Administrator, in
  consultation with other Federal officials, shall within 2 years after the
  date of the enactment of this Act and after notice and public comment, issue
  standards that will establish temporary maximum permissible concentrations
  of pollutants or contaminants in the water column during the conduct and
  duration of remedial projects for sediment contamination. The standards
  shall be based upon the best scientific information available and shall
  protect public health and the environment from unreasonable risks due to
  exposures during remedial operations.
  (c) GUIDANCE ON SEDIMENT QUALITY BASED EFFLUENT LIMITS- When  publishing
  sediment quality criteria for a pollutant under subsection (a)(1)(A),
  the Administrator shall issue guidance on the development and imposition
  by the appropriate permitting authority of sediment-based effluent limits
  for the pollutant under section 302 of the Clean Water Act (33 U.S.C. 1312)
  or under corresponding State law that will prevent the violation of those
  criteria, taking into account the persistence and bioaccumulation of the
  pollutant, flow rates, rates of sediment deposition, and restrictions on
  the use of mixing zones.
SEC. 305. SEDIMENTS REMEDIATION.
  Section 115 of the Federal Water Pollution Control Act (33 U.S.C. 1265)
  is amended to read as follows:
`SEC. 115. SEDIMENTS REMEDIATION.
  `(a) REMEDIATION GUIDELINES-
  `(1) IN GENERAL- The Administrator, in cooperation with the Secretary,
  shall, within 24 months after the date of the enactment of Operational
  Coastal Shield of 1991, publish guidelines to govern projects to clean up
  contaminated sediments pursuant to this section and other Federal law.
  `(2) CONTENT OF GUIDELINES- Guidelines published pursuant to this section
  shall--
  `(A) address methods and practices of contaminated sediment restoration
  and management;
  `(B) specify techniques for--
  `(i) removal and disposal of sediments at upland or aquatic sites;
  `(ii) in-place management including capping, sediment solidification,
  and sediment stabilization;
  `(iii) chemical treatment;
  `(iv) bioremediation;
  `(v) thermal destruction; and
  `(vi) such other disposal techniques as the Administrator determines to
  be appropriate;
  `(C) describe the best available technique for the implementation of the
  remediation method or practice;
  `(D) identify practices to mitigate impacts on other environmental media;
  `(E) identify the monitoring programs that will accompany the practice
  to ensure compliance with applicable standards and guidelines and monitor
  the effectiveness of the practice; and
  `(F) identify the expected costs of implementing the practice or method.
  `(3) REVIEW AND REVISION- The Administrator shall review and revise
  guidelines published pursuant to this section not less often than once
  every 5 years.
  `(b) REMEDIATION PROJECTS- The Administrator, in cooperation with the
  Secretary and in consultation with the Under Secretary shall--
  `(1) identify those coastal and Great Lakes locations with contaminated
  sediments that pose the greatest risk to human health and the environment;
  `(2) rank in order of priority those locations identified under paragraph (1)
  for which the undertaking of a sediment remediation project in accordance
  with the guidelines published under this section will achieve the maximum
  level of risk reduction to human health and the environment;
  `(3) develop, after notice and public comment and in cooperation with
  the Governor of affected States, sediment remediation projects for the
  locations having the highest priority under paragraph (2), in accordance
  with the guidelines published under this section;
  `(4) submit each proposed project to the Governor of the State within which
  the site is located for approval and certification pursuant to subsection
  (c); and
  `(5) upon approval of the project, implement the project directly or
  acting through the Secretary or such other authorities as the Administrator
  considers appropriate.
  `(c) STATE CERTIFICATION-
  `(1) REVIEW AND APPROVAL BY STATE- Upon completion of the sediments
  remediation project plan pursuant to this section, the Administrator shall
  submit the plan for review to the Governor of the coastal or Great Lakes
  State within which the project site is located. The Governor shall review
  and approve such plan if it complies with the requirements of this section
  and other applicable law. If after 90 days the Governor fails to approve
  or disapprove the plan, the plan is deemed to be approved by the Governor.
  `(2) RESTRICTION ON IMPLEMENTING PLANS- A sediment remediation plan may
  not be implemented under this section if it is not approved under paragraph
  (1) by the appropriate Governor.
  `(d) APPLICATION OF GUIDELINES- The promulgation of guidelines in accordance
  with this section is deemed to satisfy the requirements of section 6(e)(1)(A)
  of Public Law 94-469 with respect to the disposal of contaminated sediments.
  `(e) RELATIONSHIP TO CERCLA-
  `(1) RESTRICTION ON SELECTING SITES- In selecting sites for sediment
  remediation projects under this section, the Administrator shall not
  select any site which is listed as a priority under section 105 of the
  Comprehensive Environmental Response, Compensation, and Liability Act of
  1980 (42 U.S.C. 9601 et seq.) and for which there is reasonable likelihood
  of remediation under that Act by the Administrator or a potentially
  responsible party.
  `(2) SAVINGS- Nothing in this section shall affect the rights, obligations,
  or liabilities of persons under the Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
  `(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  to the Administrator $25,000,000 for each of fiscal years 1992 through
  1999 for purposes of implementing this section.'.
TITLE IV--MONITORING COASTAL WATERS
SEC. 401. PURPOSE.
  The purpose of this title is to establish long-term water quality
  assessment and monitoring programs for high priority coastal waters that
  will enhance the ability of Federal, State, and local authorities to
  develop and implement effective remedial programs for those waters.
SEC. 402. NATIONAL COASTAL WATER QUALITY MONITORING TASK FORCE.
  (a) ESTABLISHMENT- There is established the National Coastal Water Quality
  Monitoring Task Force.
  (b) MEMBERSHIP- The Task Force shall consist of the following representatives
  appointed from among individuals having expertise in coastal water quality
  monitoring and coastal regulatory affairs:
  (1) A representative of the National Oceanic and Atmospheric Administration,
  who shall serve as the chairperson of the Task Force.
  (2) A representative of the Environmental Protection Agency.
  (3) A representative of the United States Fish and Wildlife Service.
  (4) A representative of the Army Corps of Engineers.
  (5) 4 representatives of State governments appointed by the chairperson,
  who shall include--
  (A) 1 individual representing an Atlantic coastal State;
  (B) 1 individual representing a Gulf of Mexico coastal State;
  (C) 1 individual representing a Pacific coastal State; and
  (D) 1 individual representing a Great Lakes State.
  (6) 4 representatives of the marine scientific community, appointed by
  the chairperson.
  (c) COMPENSATION- Members of the Task Force who are not officers or employees
  of the United States or any State government, while performing official
  duties as members of the Task Force, may receive travel or transportation
  expenses under section 5703 of title 5, United States Code.
SEC. 403. NATIONAL COASTAL WATER QUALITY MONITORING STRATEGY.
  (a) NATIONAL STRATEGY- The Task Force shall develop and implement a
  national strategy for conducting coastal water quality monitoring programs
  in accordance with this title. The Task Force shall--
  (1) identify all Federal water quality monitoring programs applicable
  to coastal waters and, to the maximum extent possible, incorporate those
  programs into the national strategy;
  (2) develop a memorandum of understanding among appropriate Federal
  agencies no later than one year after the date of the enactment of this
  Act, which shall outline a process for implementing the national strategy
  at the Federal level;
  (3) develop coastal water quality monitoring guidelines in accordance with
  section 404; and
  (4) select high priority coastal waters and review, approve, and implement,
  or disapprove, coastal water quality monitoring programs for those waters
  in accordance with section 405.
  (b) REPORTING- Not later than 2 years after the date of the enactment of
  this Act and triennially thereafter, the Under Secretary, acting on behalf
  of the Task Force, shall submit a report to the Speaker of the House of
  Representatives and the President pro tempore of the Senate, summarizing
  the efforts undertaken to fulfill the requirements of this title and the
  status of the monitoring programs developed under section 405.
SEC. 404. MONITORING GUIDELINES.
  (a) IN GENERAL- Not later than 18 months after the date of the enactment
  of this Act, the Task Force shall issue coastal water quality monitoring
  guidelines to assist in the development and implementation of coastal
  water quality monitoring programs under section 405. The guidelines shall--
  (1) seek to provide an appropriate degree of uniformity among the coastal
  water quality monitoring programs while preserving the flexibility of each
  monitoring program to address local needs; and
  (2) include guidance for establishing monitoring programs that will--
  (A) provide simplified methods to survey and assess the water quality and
  ecological health of coastal waters;
  (B) identify and quantify through more intensive efforts the severity of
  existing or anticipated problems in selected coastal waters;
  (C) identify and quantify sources of pollution that cause or contribute
  to those problems, including point and nonpoint sources; and
  (D) evaluate over time the effectiveness of efforts to reduce or eliminate
  pollution from those sources.
  (b) TECHNICAL PROTOCOLS- Guidelines issued under subsection (a) shall
  include protocols for--
  (1) designing coastal water quality monitoring networks and monitoring
  surveys;
  (2) sampling and analysis, including appropriate physical and chemical
  parameters, living resources parameters, and sediment analysis techniques;
  and
  (3) quality control, quality assessment, and data management.
  (c) PERIODIC REVIEW- The Task Force shall periodically review the guidelines
  issued under this section, to evaluate their effectiveness, the degree to
  which they continue to provide an appropriate degree of uniformity while
  taking local conditions into account, and any need to modify or supplement
  them with new guidelines.
SEC. 405. COASTAL WATER QUALITY MONITORING PROGRAMS.
  (a) REGIONAL MONITORING COMMITTEES- Section 403(e)(2) of the Marine
  Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447b(e)(2))
  is amended to read as follows:
  `(2) COMMITTEES AND SUBCOMMITTEES- Each board shall establish--
  `(A) a Monitoring Committee comprised of individuals with recognized
  technical expertise in coastal water quality monitoring programs, which
  shall include--
  `(i) 4 representatives of the scientific community;
  `(ii) 2 representatives of private institutions;
  `(iii) a representative of each participating State;
  `(iv) representatives of local governments;
  `(v) representatives of the general public; and
  `(vi) representatives of the Administrator and the Under Secretary of
  Commerce for Oceans and Atmosphere, who shall serve as ex officio members
  of the Committee; and
  `(B) such other committees and subcommittees as are appropriate for the
  performance of its functions.'.
  (b) REGIONAL MONITORING COMMITTEE RESPONSIBILITIES- Section 403(c) of the
  Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447b(c))
  is amended by--
  (1) striking `and' after the semicolon at the end of paragraph (4);
  (2) striking the period at the end of paragraph (5) and inserting `;
  and'; and
  (3) adding at the end the following:
  `(6) acting through its Monitoring Committee established under subsection
  (e)(2)(A)--
  `(A) recommend areas of coastal waters within its region for which there
  should be developed and implemented individual monitoring programs pursuant
  to title IV of the Operation Coastal Shield of 1991, taking into account the
  identification of impaired coastal waters made pursuant to section 304(n)
  of the Clean Water Act or section 306B of the Coastal Zone Management Act
  of 1972;
  `(B) submit its recommendations under paragraph (1) to the National Coastal
  Water Quality Monitoring Task Force established under section 402 of the
  Operation Coastal Shield of 1991 for its review and approval;
  `(C) develop in accordance with section 405(c) of that Act a coastal water
  quality monitoring program for each area of high priority coastal waters
  selected by the Task Force under section 403(a)(3) of that Act;
  `(D) provide for public participation in the development and implementation
  of the monitoring programs;
  `(E) provide technical guidance for the implementation of the monitoring
  programs; and
  `(F) review from time-to-time the effectiveness of the monitoring programs
  in meeting their objectives and make whatever modifications as may be
  necessary in consultation with the Task Force.'.
  (c) COASTAL WATER QUALITY MONITORING PROGRAMS- Each coastal water quality
  monitoring program developed pursuant to this section shall--
  (1) clearly state the goals and objectives of the monitoring program and
  their relationship to the water quality regulatory objectives for coastal
  waters covered by the program;
  (2) identify the water quality and biological parameters of the monitoring
  program and their relationship to these goals and objectives;
  (3) describe the types of monitoring networks, surveys, and other activities
  to be used to achieve these objectives, using where appropriate the
  guidelines issued under section 404;
  (4) survey existing Federal, State, and local coastal monitoring activities
  and private compliance monitoring activities in or on the coastal waters
  covered by the program, describe the relationship of the program to these
  other monitoring activities, and integrate them, as appropriate, into the
  monitoring program;
  (5) describe the data management and quality control components of the
  program;
  (6) specify the implementation requirements for the program, including--
  (A) the lead State or regional authority which will administer the
  monitoring program;
  (B) the public and private parties, including all dischargers into the
  coastal waters covered by the program, that will be required to implement
  the program, and a detailed schedule for its implementation;
  (C) all Federal and State responsibilities for implementing the program; and
  (D) the changes in Federal, State, and local programs necessary to implement
  the program;
  (7) estimate the costs to Federal, State, and local participants, of
  implementing the monitoring program;
  (8) describe the technical guidance that shall be provided to those
  responsible for implementing the program; and
  (9) describe the methods to assess periodically the success of the monitoring
  program in meeting its objectives, and the manner in which the program
  may be modified from time-to-time.
  (d) APPROVALS- (1) Not later than 18 months after the date of the enactment
  of this Act and periodically thereafter, each Monitoring Committee
  established under section 403(e)(2) of the Marine Protection, Research,
  and Sanctuaries Act of 1972, as amended by this Act shall submit to the
  Task Force, in accordance with a schedule to be issued by the Task Force,
  recommendations required under section 403(c)(6) of that Act. The Task Force
  shall approve or disapprove each recommendation, and promptly notify the
  appropriate regional Monitoring Committee of that approval or disapproval,
  based on--
  (A) the availability of Federal funds;
  (B) the availability of matching funds from participating States for
  that use;
  (C) the need for a monitoring program for the coastal waters that are the
  subject of the recommendation; and
  (D) such other factors as the Task Force considers appropriate.
  (2)(A) Each Monitoring Committee referred to in paragraph (1) shall develop
  and submit to the Task Force a proposed coastal water quality monitoring
  program for coastal waters approved by the Task Force. Not later than 60
  days after receiving the proposed program, the Task Force shall review
  the proposal program, and approve it if it meets the requirements of this
  section or recommend to the Monitoring Committee any necessary modifications.
  (B) Not later than 60 days after receiving a proposed program returned by
  the Task Force under subparagraph (A), a Monitoring Committee shall make
  the appropriate changes to the proposed program and resubmit the proposed
  program to the Task Force.
SEC. 406. COMPLIANCE AND ENFORCEMENT.
  (a) BINDING REQUIREMENTS- The implementation requirements of a coastal
  water quality monitoring program developed under section 405, as specified
  pursuant to section 405(c)(6), shall be binding on all Federal, State,
  and local officials and private parties as provided for in the program.
  (b) ENFORCEMENT-
  (1) IN GENERAL- The Under Secretary, the Administrator and the Governor
  of each State having waters subject to a coastal water quality monitoring
  program approved under section 405 shall ensure compliance with that program.
  (2) ENFORCEMENT UNDER OTHER ACTS- The requirements of a coastal water
  quality monitoring program approved under section 405--
  (A) are deemed to be requirements of title I of the Marine Protection,
  Research, and Sanctuaries Act of 1972 for purposes of section 105 of that
  Act (33 U.S.C. 1415); and
  (B) shall be submitted by each State having waters that are subject to
  the program for approval as part of any relevant coastal zone management
  program of that State under section 306(g) of the Coastal Zone Management
  Act of 1972 (16 U.S.C. 1455(g)).
  (c) INCORPORATION INTO DISCHARGE PERMITS-
  (1) IN GENERAL- The Administrator or a State permitting authority shall,
  upon the approval of a coastal water quality monitoring program under section
  405 and after notice and opportunity for public comment, incorporate into
  the appropriate discharge permits the applicable monitoring requirements
  specified by the program. The incorporation is deemed to be a minor
  modification of such permit.
  (2) MONITORING UNDER DISCHARGE PERMITS- Section 402(a)(2) of the Clean
  Water Act (33 U.S.C. 1342(a)(2)) is amended by inserting `compliance
  monitoring and ambient water quality and sediment monitoring,' after
  `information collection,'.
TITLE V--COMPLIANCE AND ENFORCEMENT
SEC. 501. BENEFICIAL MITIGATION PROJECTS.
  (a) USE OF CIVIL PENALTIES- Section 309(d) of the Clean Water Act (33
  U.S.C. 1319(d)) is amended by--
  (1) inserting `(1)' before `Any person'; and
  (2) adding at the end the following new paragraph:
  `(2) The court may direct that all or part of a civil penalty assessed
  under this subsection be used in beneficial mitigation projects which are
  consistent with the purposes and goals of this Act and will enhance public
  health or the environment.'.
  (b) USE OF ADMINISTRATIVE PENALTIES- Section 309(g)(3) of the Clean Water
  Act (33 U.S.C. 1319(g)(3)) is amended by inserting after the first sentence
  the following: `The Administrator or the Secretary, as the case may be, may
  direct that all or part of an administrative penalty assessed under this
  subsection be used in beneficial mitigation projects which are consistent
  with the purposes and goals of this Act and will enhance public health or
  the environment.'.
  (c) USE OF THIRD PARTY PENALTIES- Section 505(a) of the Clean Water Act
  (33 U.S.C. 1365(a)) is amended by adding at the end the following: `The
  district courts may direct that all or part of such civil penalties be used
  in beneficial mitigation projects which are consistent with the purposes
  and goals of this Act and enhance public health or the environment.'.
SEC. 502. REMEDIES.
  (a) ACTIONS BY ADMINISTRATOR- Section 309(b) of the Clean Water Act (33
  U.S.C. 1319(b)) is amended in the second sentence--
  (1) by striking `such violation and' and inserting `such violation,'; and
  (2) by inserting before the period at the end the following: `, and to
  order the defendant to take any other appropriate action'.
  (b) ORDERS- Section 505(a) of the Clean Water Act (33 U.S.C. 1365(a))
  is amended in the second sentence--
  (1) by striking `and' immediately after `may be,', and
  (2) by inserting `, and to order any person to take such other action as
  may be necessary' before the period at the end.
  (c) PRIOR VIOLATIONS- Section 505 of the Clean Water Act (33 U.S.C. 1365)
  is amended--
  (1) in subsection (a)(1) by inserting `to have violated, or' before `to
  be in violation';
  (2) in subsection (b)(1)(A) by inserting `or has occurred,' after `occurs,';
  (3) in subsection (f)(6) by inserting `, or has been,' before `in effect';
  and
  (4) in subsection (g) by striking `is or may be' and inserting `has been,
  is, or may be'.
  (d) PRETREATMENT REQUIREMENTS- Section 505(f)(4) of the Clean Water Act
  (33 U.S.C. 1365(f)(4)) is amended by inserting `, pretreatment requirement,'
  after `effluent standard'.
SEC. 503. PENALTIES.
  (a) OFFSETTING PENALTIES- Section 309(d) of the Clean Water Act (33
  U.S.C. 1319(d)) is amended in the second sentence by inserting after `the
  violator,' the following: `any penalty previously imposed by a court or
  administrative agency for the same violation,'.
  (b) ECONOMIC BENEFIT-
  (1) IN GENERAL- Section 309 of the Clean Water Act (33 U.S.C. 1319) is
  amended by adding at the end the following:
  `(h) Notwithstanding any limitation on the amount of a penalty under
  this section, any penalty levied by the Administrator or a court against
  a person for a violation of applicable requirements of this Act shall,
  based upon available information and in accordance with the ability of that
  person to pay, be assessed at least in an amount adequate to eliminate any
  economic benefit or savings, including interest, that may have accrued to
  that person as a result of the violation.'.
  (2) CONFORMING AMENDMENT- Section 505(a) of the Clean Water Act (33
  U.S.C. 1365(a)) is amended in the second sentence by striking `(d)' after
  `section 309'.
  (c) CLASS II PENALTIES- Section 309(g)(2)(B) of the Clean Water Act (33
  U.S.C. 1319(g)(2)(B)) is amended in the first sentence--
  (1) by striking `$10,000' and inserting `$25,000', and
  (2) by striking `$125,000' and inserting `$250,000'.
SEC. 504. FEDERAL PROCUREMENT.
  (a) PROHIBITION- Section 508(a) of the Clean Water Act (33 U.S.C. 1368(a))
  is amended--
  (1) by inserting `(1)' before `No Federal agency'; and
  (2) by adding at the end the following new paragraph:
  `(2) No Federal agency may enter into any contract with any person who
  has been found by the Administrator or a court, after an administrative
  hearing or judicial proceeding, to have committed--
  `(A) repeated violations of a discharge permit issued pursuant to section
  402 (33 U.S.C. 1342) by the Administrator or a State permitting authority;
  `(B) repeated violations of requirements established in an management
  program developed and approved pursuant to section 319 (33 U.S.C. 1329);
  `(C) repeated noncompliance with a comprehensive conservation and management
  plan approved under section 320 (33 U.S.C. 1330); or
  `(D) repeated violations of a categorical standard issued by the
  Administrator under section 304(g);
for the procurement of goods, materials, or services if such contract is to
be performed at any facility owned, leased, operated, or supervised by that
person. The prohibition shall continue until the Administrator certifies
that the person is no longer in noncompliance with applicable requirements.'.
  (b) PRESIDENTIAL ORDER-
  (1) IN GENERAL- Section 508(c) of the Clean Water Act (33 U.S.C. 1368(c))
  is amended by inserting `and the Operation Coastal Shield of 1991' after
  `this Act'.
  (2) REVISION OF ORDER- Not later than 18 months after the date of the
  enactment of this Act, the President shall revise and reissue the order
  issued under section 508(c) of the Clean Water Act to implement the
  amendment made by paragraph (1).
SEC. 505. FEDERAL FACILITY COMPLIANCE.
  Section 313 of the Clean Water Act (33 U.S.C. 1323) is amended by adding
  at the end the following:
  `(c) ENFORCEMENT ACTIONS- The Administrator may commence an administrative
  enforcement action against any Federal department, agency, or instrumentality
  to enforce the provisions of this Act. In any such action, the administrative
  procedures and remedies applicable to other persons under section 309 Act
  shall apply, and the public shall be given an opportunity to comment on any
  proposed agreement between the Administrator and any Federal department,
  agency, or instrumentality.'.
SEC. 506. EMERGENCY POWERS.
  Section 504 of the Clean Water Act (33 U.S.C. 1364) is amended by--
  (1) striking `is presenting' and inserting `may present or is presenting';
  (2) inserting `or any threat thereof' after `alleged pollution';
  (3) inserting `or to the environment,' after `to market shellfish'; and
  (4) adding at the end the following: `The Administrator may also take
  such other action, including the issuance of orders, as may be necessary,
  to protect public health, welfare, or the environment.'.
SEC. 507. PARTIAL PROGRAM WITHDRAWAL.
  Section 402(c)(3) of the Clean Water Act (33 U.S.C. 1342(c)(3)) is amended--
  (1) in the first sentence--
  (A) by inserting `or part of a program' after `program' the first place
  that word appears; and
  (B) by inserting `or part of a program' before the period at the end; and
  (2) in the second sentence by inserting `or part of a program' after
  `such program'.
SEC. 508. PERMIT TERMS AND CONDITIONS.
  Section 402(a) of the Clean Water Act (33 U.S.C. 1342(a)) is amended by
  adding at the end the following new paragraph:
  `(6) NEW CONDITIONS, TERMS, OR REQUIREMENTS- Any permit term, condition,
  or requirement prescribed under this section shall take effect upon issuance
  of the permit, unless the permittee demonstrates that--
  `(A) the permittee will be irreparably harmed; and
  `(B) there is a substantial likelihood that the permittee will succeed
  on the merits in a subsequent administrative hearing or civil action to
  review the term, condition, or requirement.'.
SEC. 509. FEDERAL FINANCIAL ASSISTANCE.
  Title V of the Clean Water Act (33 U.S.C. 1361 et seq.) is amended by
  adding at the end the following new section:
`SEC. 519. LIMITATIONS ON FEDERAL DEVELOPMENT PROJECTS AND FINANCIAL
ASSISTANCE.
  `(a) FEDERAL PROJECTS AND ASSISTANCE- Except as provided in subsection
  (e), no Federal agency may undertake any development project, or award
  any grant for any activity that may adversely affect the quality of the
  navigable waters in any State which the Administrator finds has demonstrated
  a pattern of--
  `(1) continuing and chronic violations of a water quality standard in
  effect for coastal waters under section 302(c)(2)(C); or
  `(2) continuing and chronic failure to protect or maintain a designated
  use under such a standard;
as determined by the Administration.
  `(b) IDENTIFICATION OF VIOLATORS- The Administrator shall provide annually
  to the heads of all affected Federal agencies the information necessary
  to implement subsection (a).
  `(c) DURATION OF PROHIBITION- The prohibition in subsection (a) shall
  continue in effect with respect to a State until the Administrator certifies
  that the conditions giving rise to the finding made pursuant to subsection
  (a) with respect to that State have been corrected.
  `(d) REGULATIONS-
  `(1) ISSUANCE- The Administrator shall issue regulations that identify the
  types of development projects or grants that are subject to the requirements
  of subsection (a).
  `(2) AGENCY REVIEW AND REVISION- After the issuance of the regulations
  under paragraph (1), each Federal agency which administers development
  projects or grants that are subject to this section shall review and revise
  as necessary its procedures and regulations governing those projects or
  grants to comply with the requirements of this section.
  `(e) EXCEPTION- Subsection (a) shall not apply to any development project
  or grant--
  `(1) the direct and principal purpose of which relates to public health,
  public safety, or improvement of the quality of navigable waters; or
  `(2) that the President determines to be in the paramount interest of the
  United States to carry out.'.
SEC. 510. ENVIRONMENTAL AUDITING PROGRAM.
  Title V of the Clean Water Act (33 U.S.C. 1361 et seq.), as amended by
  this Act, is amended by adding at the end the following new section:
`SEC. 520. ENVIRONMENTAL AUDITING PROGRAM.
  `(a) FEDERAL FACILITIES-
  `(1) ENVIRONMENTAL AUDITING PROGRAMS- Each Federal department, agency, or
  instrumentality which owns or operates a facility that discharges pollutants
  into navigable waters that would qualify it as a major discharger if it were
  an industrial facility, as determined by the Administrator, shall develop
  and implement a program to conduct on an ongoing basis environmental audits
  of its qualifying facilities. The program shall include conducting--
  `(A) in the first year of implementation of the program, at least one
  environmental audit of each such qualifying facility; and
  `(B) additional environmental audits of those facilities periodically
  thereafter.
  `(2) SUBMISSION OF PLAN- Not later than one year after the date of
  the enactment of this section, each Federal department, agency, or
  instrumentality subject to paragraph (1) shall submit to the Administrator
  a plan for carrying out an environmental audit of each of its facilities
  that is subject to a program under paragraph (1).
  `(b) NONCOMPLYING FACILITIES-
  `(1) IN GENERAL- Each industrial discharger and each publicly owned treatment
  works, that discharges pollutants into navigable waters and that is found
  by the Administrator or a State to have repeated violations of a discharge
  permit issued under section 402 or an approved consent decree issued under
  section 309 or 505 shall conduct biannually an environmental audit of the
  facilities subject to the permit or consent decree.
  `(2) TERMINATION OF AUDITS- A discharger shall conduct environmental audits
  pursuant to this subsection until such time as the Administrator certifies,
  based on the audits and other available data, that the condition giving
  rise to the finding has been corrected and the facility is no longer in
  violation of applicable requirements of a permit or consent decree.
  `(c) PERMIT RENEWALS- Prior to the renewal of any permit issued to a major
  discharger by the Administrator or a State permitting authority under section
  402, the major discharger shall provide to the Administrator an environmental
  audit conducted during the 6-month period preceding the renewal.
  `(d) AUDIT REQUIREMENTS-
  `(1) AUDITORS- Environmental audits of dischargers required under this
  section shall be conducted--
  `(A) in the case of a discharger located in a State having an environmental
  auditor for certification program approved by the Administrator pursuant
  to subsection (e) by an environmental auditor certified by that State;
  `(B) in the case of a discharger having an internal environmental auditing
  program approved by the Administrator pursuant to subsection (e), by an
  environmental auditor acting under that program; or
  `(C) in the case of a discharger not described in subparagraph (A) or (B),
  by an environmental auditor that meets the eligibility requirements issued
  by the Administrator under subsection (e)(1)(A).
  `(2) CONTENT OF AUDITS- An environmental audit required under this section
  shall consist of a systematic, documented, and periodic review of facility
  operations and practices which is conducted for the purpose of--
  `(A) evaluating compliance with the requirements of this Act and the
  Pollution Prevention Act of 1990; and
  `(B) evaluating the practices and procedures established by the owner or
  operator of the facility for which the audit is conducted to--
  `(i) ensure continuing compliance with applicable discharge requirements; and
  `(ii) identify and implement pollution reduction opportunities for the
  facility.
  `(3) COPIES- Copies of each environmental audit shall be provided to the
  Administrator and the appropriate State official and may, upon request
  and subject to subsection (f), be provided to the public.
  `(e) CERTIFICATION AND PROGRAM REQUIREMENTS-
  `(1) CERTIFICATION REQUIREMENTS- Not later than 3 months after the date of
  the enactment of this section, the Administrator shall issue regulations
  establishing--
  `(A) eligibility requirements for certification of environmental auditors
  pursuant to this section, which incorporate applicable industry standards
  for eligibility to perform environmental audits; and
  `(B) continuing education requirements for maintaining that certification.
  `(2) GUIDANCE- Not later than 6 months after the date of the enactment
  of this section, the Administrator shall issue guidance to States on the
  development of State programs for certification of environmental auditors
  pursuant to this section.
  `(3) PROGRAM REQUIREMENTS- Not later than one year after the date of
  the enactment of this section, the Administrator shall issue and begin
  implementing regulations establishing requirements for the submittal,
  review, approval, and implementation pursuant to this section of--
  `(A) State environmental auditor certification programs; and
  `(B) internal environmental auditing programs.
  `(f) CONFIDENTIALITY OF DATA-
  `(1) WITHHOLDING DATA- The Administrator or a State may withhold from public
  disclosure data contained in an environmental audit under this section,
  in accordance with section 552(b)(4) of title 5, United States Code.
  `(2) PROHIBITION ON DISCLOSURE- The requirements of section 1905 of title
  18, United States Code, shall apply to the disclosure of any information
  contained in environmental audit under this section.'.
SEC. 511. POSTING OF POLLUTED WATERS.
  Title V of the Clean Water Act (33 U.S.C. 1361 et seq.), as amended by
  this Act, is amended by adding at the end the following new section:
`SEC. 521. POSTING OF POLLUTED WATERS.
  `(a) REQUIREMENTS- Each State that has navigable waters within its boundaries
  that do not meet applicable water quality standards, including because of
  a failure to protect or maintain designated uses, shall, either directly
  or through local authorities, post and maintain a clearly visible sign at
  each major place of public access to those waters (including public roads,
  public beaches, public parks, public recreation areas, and public marinas
  and boat launching areas) indicating water quality standards the waters
  do not meet and the principal health and environmental effects that may
  occur as a result of the failure to meet those standards. The sign shall
  be maintained until the waters are in compliance with all applicable water
  quality standards.
  `(b) GUIDANCE- Within 6 months after the date of enactment of the Operation
  Coastal Shield of 1991, the Administrator shall issue guidance to States
  on the requirements of subsection (a).'.
TITLE VI--FINANCING
Subtitle A--Discharge Fees
SEC. 601. PURPOSES.
  (a) PURPOSES- The purpose of this title is to--
  (1) establish a Coastal Defense Fund in the United States Treasury to
  support the implementation of Federal and State water quality protection
  programs; and
  (2) establish a national discharge permit fee system to recoup the costs
  of administering Federal and State discharge permitting programs under
  this Act and corresponding State authorities.
SEC. 602. COASTAL DEFENSE FUND.
  (a) ESTABLISHMENT-
  (1) IN GENERAL- There is hereby established in the Treasury of the United
  States a separate account, to be known as the `Coastal Defense Fund',
  consisting of such amounts as may be deposited into it or transferred to
  it pursuant to this title.
  (2) INVESTMENT- The Secretary of the Treasury shall invest such portion
  of the Coastal Defense Fund as may remain unobligated in a fiscal year
  in interest-bearing obligations of the United States. The interest on,
  and the proceeds from the sale of, the interest-bearing obligations shall
  be deposited into and become a part of the Coastal Defense Fund.
  (b) PAYMENTS INTO THE FUND- Notwithstanding any other law, the receipts
  from the fee system established under section 603 that are assessed by the
  Administrator, and receipts from the fines, penalties and other payments
  assessed under section 309 of the Clean Water Act or under section 105
  of the Marine Protection, Research, and Sanctuaries Act of 1972 shall be
  deposited into the Coastal Defense Fund.
  (c) USES OF THE FUND- The Administrator shall utilize the revenues in
  the Coastal Defense Fund to supplement available funding for activities
  associated with administering the permit program under section 402 of the
  Clean Water Act with respect to discharges into coastal waters, including
  developing and implementing criteria and standards (including the necessary
  monitoring and research associated with such standards and criteria), issuing
  permits, and overseeing the administration of delegated permitting programs.
  (d) FINES, PENALTIES, AND OTHER PAYMENTS INTO COASTAL DEFENSE FUND-
  Any penalty, fine, or other payment assessed (1) pursuant to section 509
  of the Clean Water Act against a discharger into coastal waters, or (2)
  under section 105 of the Marine Protection, Research, and Sanctuaries Act
  of 1972, shall be deposited into the Coastal Defense Fund.
SEC. 603. NATIONAL COASTAL DISCHARGE PERMIT FEE SYSTEM.
  (a) ESTABLISHMENT- No later than 2 years after the date of the enactment
  of this Act, the Administrator shall issue regulations which establish
  a fee system, to be known as the `National Coastal Discharge Permit Fee
  System', under which the Administrator shall assess and collect fees from
  coastal dischargers.
  (b) OBJECTIVES- The objectives of the fee system under this section are--
  (1) to recoup the costs to Federal, State, and local governments of
  implementing and administering permit programs pursuant to section 402 of
  the Clean Water Act with respect to coastal dischargers;
  (2) to provide economic incentives for coastal dischargers to eliminate
  or reduce the volume or toxicities of their effluents; and
  (3) to supplement existing public funding for administering and implementing
  an effective discharge permitting programs under section 402 of the Clean
  Water Act.
  (c) DEPOSITS INTO COASTAL DEFENSE FUND- Amounts received by the United
  States as fees, penalties, and interest under this subsection shall be
  deposited in the Coastal Defense Fund.
  (d) CIVIL PENALTY- Any person that fails to pay any amount of a fee under
  this section shall be liable for a civil penalty equal to 50 percent of
  the amount, plus interest on the amount computed in accordance with the
  provisions of title 18, United States Code, relating to interest on fines
  under that title, which may be assessed by the Administrator.
  (e) HARDSHIP EXEMPTION-
  (1) IN GENERAL- In establishing a fee system under this section, the
  Administrator shall provide for a special exemption from payment of fees
  under the system for coastal dischargers who show that--
  (A) they are unable to make the required payments without suffering undue
  financial hardship;
  (B) their circumstances differ materially from other coastal dischargers
  sufficiently to justify the granting of an exemption while requiring other
  coastal dischargers in the same class or category to pay the charge; and
  (C) such other factors as the Administrator considers appropriate.
  (2) NOTICE AND COMMENT; EXPIRATION AND RENEWAL- Exemptions granted by the
  Administrator pursuant to this paragraph--
  (A) shall be subject to notice and public comment requirements;
  (B) shall expire not later than--
  (i) 5 years after the date the exemption is granted, or
  (ii) the date of expiration of the discharge permit with respect to which
  the exemption is granted,
whichever is later; and
  (C) may be renewed.
  (f) STATE PROGRAMS-
  (1) WAIVER OF APPLICABILITY- Any coastal State which administers a system
  of fees applicable to coastal dischargers may petition the Administrator to
  waive application to the State of the fee system under this section. If
  the Administrator determines, after notice and public comment, that
  the aggregate amount of State fees collected from coastal dischargers
  is equivalent to amounts that would be collected in the State under the
  System, the Administrator shall waive the applicability of the fee system
  under this section to coastal dischargers in that State.
  (2) RESTRICTION ON WAIVER- The Administrator shall not waive applicability
  of the fee system with respect to a State pursuant to this subsection
  unless fees collected by the State under its system of fees are retained
  by the State and used solely to support the State's water quality programs.
  (g) INDUSTRIAL USERS- Each industrial user of a publicly owned treatment
  works which discharges into coastal waters shall be liable for fees
  under this section for that use, and shall pay such fees to the Federal,
  State, interstate, or municipal authority responsible for controlling
  such treatment works. Revenues from such fees shall be retained and used
  by the authority solely in order to implement and enforce water quality
  programs consistent with the requirements of this Act and the amendments
  made by this Act. The authority shall retain records and submit reports
  on receipts and expenditures under this subsection as the Administrator
  or the State permitting authority shall from time-to-time require.
SEC. 604. FEE SCHEDULE.
  (a) ESTABLISHMENT-
  (1) IN GENERAL- The Administrator shall establish under the fee system a
  schedule of fees to be assessed at a minimum of once yearly against each
  coastal discharger. The fee system shall be designed to result in the
  collection of fees in an amount sufficient to reflect in the aggregate
  the reasonable costs of--
  (A) developing and administering the permit program authorized under
  section 402 of the Clean Water Act with respect to coastal dischargers; and
  (B) the program for pretreatment of industrial wastes under section 307
  of the Clean Water Act with respect to publicly owned treatment works that
  discharge into coastal waters.
  (2) DETERMINING PROGRAM COSTS- In determining the costs of programs referred
  to in paragraph (1), the Administrator shall include the costs of--
  (A) reviewing and acting upon permit applications, including requests for
  variances and permit modifications;
  (B) implementing and enforcing the terms and conditions of permits (not
  including any court costs or other litigation costs associated with
  enforcement);
  (C) pollution monitoring, modeling, and analyses for purposes of assessing
  compliance and developing necessary water-quality based effluent limits
  pursuant to title III of the Clean Water Act;
  (D) preparing generally applicable guidelines, standards, and criteria
  relating to the development and imposition of permit standards and
  limitations; and
  (E) research directly related to paragraphs (1) through (4).
  (b) CATEGORIES, TYPES, AND SIZES OF DISCHARGES- In developing a fee schedule
  under this section, the Administrator shall establish such categories, types,
  and sizes of coastal discharges as the Administrator considers appropriate.
  (c) FEE SCHEDULE VARIABLES- The Administrator shall base the schedule of
  fees under the System on the following factors, taking into account the
  need for simplicity, fairness, and ease of administration:
  (1) The volume of a discharge.
  (2) The relative toxicity of a discharge.
  (3) The ability of dischargers within a category or class to reduce volume
  or toxicity in their effluents.
  (4) Issues of equity among discharges.
  (5) Other factors that the Administrator determines are necessary to meet
  the objectives in subsection (b).
  (d) ADJUSTMENT- The Administrator shall, by regulation, adjust fees under
  the fee schedule not less often than every 3 years, to reflect increases
  in the Consumer Price Index.
SEC. 605. RELATIONSHIP TO OTHER REQUIREMENTS.
  (a) STATE AND LOCAL REQUIREMENTS- Nothing in this subtitle prohibits a
  State or political subdivision thereof from establishing effluent fee
  requirements in addition to requirements of this Act.
  (b) LIMITATION- Nothing in this section shall affect the obligations of
  coastal dischargers to comply with the requirements of this Act.
Subtitle B--General Authorizations
SEC. 621. RESEARCH AND INVESTIGATIONS.
  (a) IN GENERAL- Section 104(u)(1) of the Clean Water Act (33
  U.S.C. 1254(u)(1)) is amended by striking `1990' and inserting in lieu
  thereof `1999'.
  (b) FORECASTING- Section 104(u)(2) of the Clean Water Act (33
  U.S.C. 1254(u)(2)) is amended by striking `1990' and inserting `1999'.
SEC. 622. GRANTS FOR PROGRAM ADMINISTRATION.
  Section 106(a)(2) of the Clean Water Act (33 U.S.C. 1256(a)(2)) is amended--
  (1) by striking the `and' after `1985,'; and
  (2) by inserting after `1990' the following: `, and $125,000,000 for each
  of the fiscal years 1991 through 1999'.
SEC. 623. RURAL CLEAN WATER.
  Section 208(j)(9) of the Clean Water Act (33 U.S.C. 1288(j)(9)) is amended
  by striking `1990,' and inserting `1999,'.
SEC. 624. INTERAGENCY AGREEMENTS.
  Section 304(k)(3) of the Clean Water Act (33 U.S.C. 1314(k)(3)) is amended
  by striking `1990' and inserting `1999'.
SEC. 625. CLEAN LAKES.
  Section 314(c)(2) of the Clean Water Act (33 U.S.C. 1324(c)(2)) is amended--
  (1) by striking `1985, and' and inserting `1999,'; and
  (2) by striking `1990' and inserting `1990, and such sums as may be
  necessary for fiscal years 1991 through 1999'.
SEC. 626. NONPOINT SOURCE.
  Section 319(j) of the Clean Water Act (33 U.S.C. 1329(j)) is amended by
  striking `1991' and inserting `1999'.
SEC. 627. GENERAL AUTHORIZATION.
  Section 517 of the Clean Water Act (33 U.S.C. 1376) is amended--
  (1) by striking `and' after `1985,'; and
  (2) by inserting after `1990' the following: `, and such sums as may be
  necessary for fiscal years 1991 through 1999'.
Subtitle C--State and Local Financing
SEC. 630. FINANCIALLY RESTRICTED COMMUNITIES.
  (a) USE OF STATE REVOLVING FUND BY FINANCIALLY RESTRICTED COMMUNITIES-
  Section 603 of the Clean Water Act (33 U.S.C. 1383) is amended--
  (1) in subsection (d)(1)(A) by inserting before the semicolon the following:
  `, except that in the case of loans to financially restricted communities
  the terms shall not exceed 40 years';
  (2) in subsection (d)(6) by striking `and' after the semicolon at the end;
  (3) in subsection (d)(7) by striking the period at the end thereof and
  inserting in lieu thereof `; and'; and
  (4) by inserting after subsection (d)(7) the following:
  `(8) to provide grants, loans, and other financial assistance to financially
  restricted communities as provided for in section 604.'.
  (b) FINANCIAL ASSISTANCE SET-ASIDE FOR FINANCIALLY RESTRICTED COMMUNITIES-
  Section 604 of the Clean Water Act (33 U.S.C. 1384) is amended by adding
  at the end the following new subsection:
  `(d) FINANCIALLY RESTRICTED COMMUNITIES- Of the sums allocated pursuant to
  subsection (a), each State is authorized to use not more than 15 percent
  for the purposes of issuing direct grants, zero interest loans, negative
  interest loans, and other financial assistance to financially restricted
  communities for eligible projects as described in section 603(c).'.
  (c) DEFINITION- Section 502 of the Clean Water Act (33 U.S.C. 1362) is
  amended by adding at the end the following new paragraph:
  `(21) The term `financially restricted community' means any municipality,
  or any 2 or more municipalities jointly conducting a project for which
  assistance is available under section 603--
  `(A) with a population (or an aggregate population) of less than 3,500
  individuals; or
  `(B) for which the ratio of--
  `(i) existing or required expenditures to comply with the requirements
  of this Act, prorated for each household within the municipality (or
  municipalities), to
  `(ii) the average annual income for households within the municipality
  (or municipalities),
exceeds XX percent.'.
  (d) LOAN PRINCIPLE- Section 603(d)(2) of the Clean Water Act (33
  U.S.C. 1383(d)(2)) is amended by inserting after `1985' the following:
  `, or to reduce the principal of such a debt obligation incurred after
  April 1, 1991, by not more than 34 percent'.
SEC. 631. STATE REVOLVING LOAN FUNDS.
  (a) PURPOSES AND ELIGIBLE PROJECTS-
  (1) PURPOSES OF STATE REVOLVING FUNDS- Subsection (a) of section 601 of
  the Clean Water Act (33 U.S.C. 1381(a)) is amended--
  (A) by striking `assistance' and all that follows through the end of the
  subsection and inserting `assistance--'; and
  (B) by adding at the end the following new paragraphs:
  `(1) to any municipal, intermunicipal, interstate, or State agency for
  constructing publicly-owned treatment works, including costs associated
  with obtaining necessary land, easements, and rights-of-way directly
  related to such treatment works,
  `(2) for implementing a management program established under section 319,
  `(3) for developing and implementing a conservation and management plan
  under section 320, and
  `(4) for implementing an approved combined stormwater and sanitary sewer
  control program.'.
  (2) ELIGIBLE PROJECTS- Section 603(c) of the Clean Water Act (33
  U.S.C. 1383(c)) is amended in the first sentence--
  (A) by striking `and' after the comma at the end of clause (2); and
  (B) by striking the period at the end and inserting the following:
  `, (A) implementation of an approved combined stormwater and sanitary
  sewer control program, and (5) implementation of Great Lakes Protection
  programs pursuant to section 118(c). Assistance provided under clause (1)
  may include costs associated with obtaining necessary land, easements,
  and rights-of-way directly related to publicly owned treatment works if
  not already owned by such agency and may not be provided in amounts greater
  than the full assessed value of such land, easement, or right-of-way.'.
  (b) AGREEMENT REQUIREMENTS- Amend section 602(b)(6) of the Clean Water Act
  (33 U.S.C. 1382(b)(6)) by striking `1995' and inserting `1999'.
  (c) REPAYMENT OF LOANS; ADMINISTRATIVE COSTS- Section 603(d) of the Clean
  Water Act (33 U.S.C. 1383(d)) is amended--
  (1) in paragraph (1)(B) by striking `1 year' and inserting `3 years'; and
  (2) in paragraph (7) by striking `4 percent' and all that follows through
  the end of the paragraph and inserting the following: `, for any fiscal
  year after fiscal year 1991, 4 percent of amounts allotted to the State
  for the fiscal year under this title, or $400,000, whichever is greater.'.
SEC. 632. ALLOTMENTS.
  (a) EXTENSION OF CURRENT FORMULA-
  (1) PERIOD OF APPLICATION- Section 604(a) of the Clean Water Act (33
  U.S.C. 1384(a)) by striking `and 1990' and inserting `through 1994'.
  (2) EXTENSION OF FORMULA- Amend section 205(c)(3) of the Clean Water Act
  (33 U.S.C. 1285(c)(3)) is amended by striking `and 1990' and inserting
  the following: `, 1990, 1991, 1992, 1993, and 1994'.
  (b) FORMULA FOR FISCAL YEARS 1995-1999- Section 604(a) of the Clean Water
  Act (33 U.S.C. 1384(a)) is amended by adding at the end the following:
  `Sums authorized to be appropriated to carry out this section for each
  of fiscal years 1995 through 1999 shall be allotted by the Administrator
  in accordance with a formula established under an Act enacted after the
  date on which a report is required to be submitted to the Congress under
  section 632(c) of the Operation Coastal Shield of 1991.'.
  (c) REPORT- The Administrator shall submit to the Congress, not later than
  July 1, 1992, a report containing the detailed estimates, comprehensive
  study, and comprehensive analysis required by section 516(b) of the Clean
  Water Act (33 U.S.C. 1375(b)). Such report shall include an estimate on
  a State-by-State basis of the total costs and amount of funds necessary for--
  (1) the construction of needed publicly-owned treatment facilities, including
  the costs associated with implementing approved combined stormwater and
  sanitary sewer control systems;
  (2) management of municipal stormwater discharges under section 402(p)
  of the Clean Water Act;
  (3) implementation of approved management programs required under section
  319 of the Clean Water Act; and
  (4) implementation of approved conservation and management plans under
  section 320 of the Clean Water Act.
  (d) RESERVATION OF FUNDS- Section 604(b) of the Clean Water Act (33
  U.S.C. 1384(b)) is amended to read as follows:
  `(b) RESERVATION OF FUNDS FOR PLANNING- Out of sums allotted to a State
  under this section, each State shall reserve each fiscal year through
  fiscal year 1999 an amount equal to 1 percent of the cumulative value of
  the State water pollution control revolving fund capitalized under this
  title, or $1,000,000, whichever amount is greater, for use to carry out
  planning under sections 205(j), 303(d), and 303(e).'.
SEC. 633. AUTHORIZATION OF APPROPRIATIONS.
  Section 607 of the Clean Water Act is amended--
  (1) in paragraph (2) by adding after the semicolon at the end `and'; and
  (2) by striking paragraphs (3), (4), and (5) and inserting the following:
  `(3) $2,100,000,000 for each of fiscal years 1992 through 1999.'