August 27, 1976
Page 28096
FEDERAL WATER POLLUTION CONTROL ACT AUTHORIZATIONS — S. 2710
AMENDMENT NO. 2231.
(Ordered to be printed and to lie on the table.)
Mr. MUSKIE. Mr. President, I. submit on behalf of the Committee on Public Works, with the cosponsorship of Senators RANDOLPH, BUCKLEY, and BAKER, an amendment to S. 2710, as passed by the House. I ask unanimous consent that the text of the amendment be printed in the RECORD and that 200 copies of the amendment be printed for the use of the Committee on Public Works.
The PRESIDING OFFICER. Without objection, it is so ordered.
AMENDMENT NO. 2231
Strike all the amendment of the House after the enacting clause, and insert:
SECTION 1. (a) Section 207 of the Federal Water Pollution Control Act, as amended (86 Stat. 839) , is amended by striking the period at the end of the sentence and adding ", and for the fiscal year ending September 30, 1977, subject to such amounts as are provided in appropriation Acts, not to exceed $5,000,000,000. ".
(b) Section 104(u) (2) of the Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by striking out "1975" and inserting in lieu thereof "1975, $7,500,000 for fiscal year 1977,".
(c) Section 104(u) (3) of the Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by striking out "1975" and inserting in lieu thereof "1975, $2,500,000 for fiscal year 1977,".
(d) Section 106(a) (2) of the Federal Water Pollution Control Act (33 U.S.C. 1256) is amended by striking out "and the fiscal year ending June 30, 1975;"and inserting in lieu thereof "and the fiscal year ending June 30, 1975, and $75,000,000 for the fiscal year ending September 30, 1977,".
(e) Section 112(c) of the Federal Water Pollution Control Act (33 U.S.C. 1262) is amended by inserting "$25,000,000 for the fiscal year ending September 30, 1977," immediately after "June 30, 1975,".
(f) Section 208(f) (3) of the Federal Water Pollution Control Act (33 U.S.C. 1288) is amended by striking out "and not to exceed $150,000,000 for the fiscal year ending June 30, 1975." and inserting in lieu thereof "and not to exceed $150,000,000 per fiscal year for the fiscal years ending June 30, 1975, and September 30, 1977.".
(g) Section 314(c) (2) of the Federal Water Pollution Control Act (33 U.S.C. 1324) is amended by striking out "and $150,000,000 for the fiscal year 1975" and inserting in lieu thereof ", $150,000,000 for the fiscal year 1975; and $150,000,000 for fiscal year 1977.".
(h) Section 517 of the Federal Water Pollution Control Act (33 U.S.C. 1376) is amended by striking out "and $350,000,000 for the fiscal year ending June 30, 1975," and inserting in lieu thereof ", $350,000,000 for the fiscal year ending June 30, 1975, and $350,000,000 for the fiscal year ending September 3, 1977.".
SEC. 2. Section 109(b)(3) of the Federal Water Pollution Control Act, as amended (86 Stat. 830), is amended by striking "$250,000" and inserting in lieu thereof "$500,000".
SEC. 3. Subsection (b) (1) of section 205 of the Federal Water Pollution Control Act, as amended (86 Stat. 837), is amended by striking "one year" and by inserting after the second sentence the following: "The sums first made available for obligation during fiscal year 1976 shall continue to be available for obligation until September 30, 1978."
SEC. 4. Section 205 of the Federal Water Pollution Control Act, as amended (86 Stat. 837), is amended by adding the following new subsection:
"(a) Sums authorized to be appropriated pursuant to section 207 for each fiscal year beginning after September 30, 1976, shall be allotted by the Administrator on October 1 of the fiscal year for which authorized. Sums authorized for the fiscal year ending September 30, 1977, shall be allotted in accordance with the following table:
Proportional share
Alabama .0011
Alaska .0048
Arizona .0064
Arkansas .0109
California .0831
Colorado .0081
Connecticut .0123
Delaware .0040
District of Columbia .0040
Florida .0361
Georgia .0201
Hawaii .0070
Idaho .0041
Illinois .0526
Indiana .0219
Iowa .0111
Kansas .0123
Kentucky .0151
Louisiana .0126
Maine .0055
Maryland .0382
Massachusetts .0279
Michigan .0473
Minnesota .0152
Mississippi .0076
Missouri .0200
Montana .0020
Nebraska .0062
Nevada .0030
New Hampshire . 0068
New Jersey .0480
New Mexico .0026
New York .1062
North Carolina.0209
North Dakota .0019
Ohio .0560
Oklahoma .0136
Oregon .0084
Pennsylvania .0471
Rhode Island .0040
South Carolina.0132
South Dakota .0016
Tennessee .0150
Texas .0434
Utah .0051
Vermont .0022
Virginia .0222
Washington .0155
West Virginia .0218
Wisconsin .0201
Wyoming .0012
Virgin Islands .0005
Puerto .0090
American Samoa . 0003
Trust Territories .0020
Guam .0010
If the sums allotted to the States for a fiscal year are made subject to a limitation on obligation by an appropriation Act, such limitation shall apply to each State in proportion to its allotment.
SEC. 5. (a) Section 208(b) (1) of the Federal Water Pollution Control Act, as amended (86 Stat. 840), is amended by inserting "(A)" after "(b) (1) " and by adding the following new subparagraph: "(B) For any agency designated during 1976 under subsection (a) of this section and for all portions of a State for which the State is required to act as the planning agency in accordance with subsection (a)(6),the initial plan prepared in accordance with such process shall be certified by the Governor and submitted to the Administrator not later than three years after the receipt of the initial grant award as authorized under subsection (f) of this section."
(b) Section 208(f) (2) of the Federal Water Pollution Control Act (33 U.S.C. 2188) is amended to read as follows:
"(2) For the two year period beginning on the date the first grant is made under paragraph (1) of this subsection to an agency, if such first grant is made before October 1, 1977, the amount of each such grant to such agency shall be 100 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process under subsection (b) of this section, and thereafter the amount granted to such agency shall not exceed 75 per centum of such costs in each succeeding one year period. In the case of any other grant made to an agency under such paragraph (1) of this subsection, the amount of such grant shall not exceed 75 per centum of the costs of developing and operating a continuing areawide waste treatment management planning process in any year.".
(c) The second sentence of section 208
(f) (3) of the Federal Water Pollution Control Act (33 U.S.C. 1288) is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "subject to such amounts as are provided in appropriation Acts.".
SEC. 6. Title II of the Federal Water Pollution Control Act, as amended, is amended by adding the following new section:
"LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORKS
"SEC. 213. (a) Subject to the conditions of this section and to such terms and conditions as the Administrator determines to be necessary to carry out the purposes of this title, the Administrator is authorized to guarantee and to make commitments to guarantee, the principal and interest (including interest accruing between the date of default and the date of the payment in full of the guarantee) of any loan, obligation, or participation therein of any State, municipality, or intermunicipal or interstate agency issued directly and exclusively to the Federal Financing Bank to finance that part of the cost of any grant-eligible project for the construction of publicly owned treatment works not paid for with Federal financial assistance under this title (other than this section), which project the Administrator has determined to be eligible for such financial assistance under this title, including, but not limited to, projects eligible for reimbursement under section 206of this title.
"(b) No guarantee, or commitment to make a guarantee, may be made pursuant to this section—
"(1) unless the Administrator certifies that the issuing body is unable to obtain on reasonable terms sufficient credit to finance its actual needs without such guarantee; and
"(2) unless the Administrator determines that there is a reasonable assurance of repayment of the loan, obligation, or participation therein. A determination of whether financing is available at reasonable rates shall be made with relationship to the current average yield on outstanding marketable obligations of municipalities of comparable maturity.
"(c) The Administrator is authorized to charge reasonable fees for the investigation of an application for a guarantee and for the issuance of a commitment to make a guarantee.
"(d) The Administrator, in determining whether there is a reasonable assurance of repayment, may require a commitment to apply to such repayment (1) all or any portion of the funds retained by such grantee under section 204(b) (3) of this Act, and (2) any funds received by such grantee from the amounts appropriated under section 206 of this Act."
SEC. 7. Section 301 of the Federal Water Pollution Control Act, as amended (86 Stat. 844), is amended by adding the following newsubsection:
"(g) (1) Upon application by a State on a case by case basis, the Administrator may extend the time for achieving: the requirementsof subsections (b)(1)(B) and (b)(1)(C) of this section beyond the date specified in such subsection for any publicly owned treatment works: Provided, That (A) the Administrator determines that the construction of such treatment works necessary for the achievement of such requirements cannot be completed by the date specified because Federal assistance under title II of this Act has not been available, or has not been available for a sufficient time, or because funds to pay the non-Federal portion of the costs of construction of such treatment works have become unavailable subsequent to a commitment by the Administrator to provide Federal assistance under title II; and (B) the State demonstrates that the priority for Federal funding of treatment works which the State accords to the treatment works for which such extension is sought and to all treatment works within the State will assure compliance with this section, and is designed to maximize compliance with subsection (b) (1) (B) and (b) (1) (C) by the date specified in such subsections and with the objective of this Act.
"(2) No time extension granted under this subsection shall extend beyond July 1, 1980.
"(3) Upon application on a case by case basis, the permitting authority under section 402 of this Act may, in the case of a publicly owned treatment works which has been granted on extension under paragraph (1) of this subsection, extend the time for achieving the requirements of subsection (b) of this section for the period of the extension granted under paragraph (1) of this subsection, for any point source which on or before January I, 1975, had a permit under section 402 of this Act or a contract (enforceable against such point source) to discharge its effluent into a publicly owned treatment works which is granted an extension under paragraph (I) of this subsection and which in that manner intends to comply with the requirements of subsection (b) of this subsection: Provided, That such point source complies daring the period of such extension with all applicable pretreatment requirements under section 307(b) of this Act or otherwise required under a permit issued by the Administrator or a State.
"(4) For the purpose of paragraph (1) of this subsection, the term "publicly owned treatment works" shall not include a Federally owned treatment works."
Sec. 8. (a) Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), is amended by adding the following new subsection:
"(I)(1)(A) Except as provided in section 404 of this Act, any discharge of dredged or fill material into the navigable waters shall be required to be in compliance with a permit issued under this section.
"(B) Any permit for the discharge of dredged or fill material issued under this section shall be considered in accordance with, and shall comply with, the guidelines published under section, 404 (b) (1) of this Act, and the authority of section 404(c) of this Act shall apply to the consideration of any such permit and the specification of any disposal site.
"(2) At any time after the enactment of this subsection, the Governor of each State desiring to administer its own permit program for discharges of dredged or fill material into the navigable waters within its jurisdiction (under this section and section 404(a) of this Act) may seek approval of its program in accordance with subsection (b) of this section. The Administrator shall approve each such program unless he determines, after consultation with the Secretary of the Army, that (A) it does not have adequate authority in accordance with subsection (b) of this section with respect to discharge of dredged or fill material, or (B) it does not contain adequate guidelines for the consideration of permits comparable to those under section 404(b) (1) of this Act or adequate authority comparable to that under section 404(c) of this Act. Any State program approved under this paragraph shall be subject to the provisions of subsections (c) through (k) of this section, and any permit under a program approved under this paragraph shall be subject to the jurisdiction of the Secretary of the Army under subsection (b) (6) of this section and section 511(a) of this Act and the Administrator under section 404(c). Approval of a program otherwise submitted under subsection (b) of this section shall not be delayed by submittal of a program under this paragraph, and a program submitted under this paragraph may be distinct from, or administered by a different State agency than any program otherwise submitted or approved under subsection (b) of this section.
"(3) (A) The placement of dredged or fill material into the navigable waters shall not constitute a point source discharge of pollutants required to have a permit under this subsection of section 404 of this Act, where such placement—
"(i) results from normal farming, silviculture and ranching activities, such as plowing, cultivating, seeding, and harvesting for the production of food, fiber, and forest products;
"(ii) is for the purpose of maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures;
"(iii) is for the purpose of the construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;
"(iv) is for the purpose of the construction or maintenance of silt or sediment control impoundments associated with mining operations, except to the extent such impoundments are required to comply with effluent limitations and guidelines pursuant to sections 301, 304(b) and (c), and 307(a) of this Act;
"(v) is for the purpose of the construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained in accordance with guidelines promulgated by the Administrator which assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; or
"(vi) is for the disposal of dredged material removed in maintaining a Federally authorized navigation channel or non-Federal access channels contiguous to the authorized project, in specified confined disposal areas where such disposal areas are landward of the mean high water mark, where the State in which such disposal areas are located has a program approved under paragraph (2) of this subsection for the control of dredged or fill material disposal or the protection of wetlands and such disposal areas are specified under and in compliance with such program, and where pollutants in such confined disposal areas will not migrate to cause water or other environmental pollution.
"(B) Any placement of dredged or fill material specified in subparagraph (A) of this paragraph shall only be considered a nonpoint source subject to regulation under this Act under sections 208 and 303(d) and (e) of this Act.
"(C) Any placement or discharge of dredged or fill material into the navigable waters incidental to the construction of a dike or other activity for the purpose of bringing an area of the navigable waters into a farming, silviculture, or ranching use to which it was not previously subject where the flow or circulation of the navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this subsection or section 404 of this Act. Any placement or discharge of dredged or fill material containing toxic pollutants into the navigable waters shall be required to have a permit under this subsection or section. 404 of this Act, and to be in compliance with sections 301, 307(a), and 404(b) (1) and (c) and of this Act.
"(4) (A) Consistent with the requirements of this section, the Administrator, the Secretary of the Army under section 404 of this Act, or a State with a permit program approved under paragraph (2) of this subsection may, after notice and opportunity for public hearing, issue general permits for classes or categories of discharges of dredged or fill material subject to this section or section 404, where the discharges authorized by any such general permit are similar in nature, cause only minimal adverse environmental impact when performed separately, and will have only minimal cumulative adverse effect on the environment.
"(B) Any such general permit issued under this paragraph shall be in lieu of individual permits required under this subsection (or section 404). Such general permits shall be conditioned on compliance with (i) specific requirements or standards, including State standards or management practices for the activity authorized by such general permit, and (ii) the guidelines under section 404(b) (I). Any general permit shall be for a maximum period of five years and shall be subject to being revoked or modified, after opportunity for public hearing, if the requirements of this paragraph are not being complied with, or if the activities authorized by such general permit may have an effect which is more appropriate for consideration in individual permits.
"(5) The Secretary of the Army, acting through the Chief of Engineers, is authorized to make available to the Administrator such personnel or facilities under the jurisdiction of the Chief of Engineers as may be necessary for the implementation of this subsection.".
(b) Section 404 of the Federal Water Pollution Control Act, as amended (88 Stet. 884) , is amended by adding the following new subsection:
"(d) For the purposes of this section, the jurisdiction of the Secretary of the Army shall be limited to those portions of the navigable waters (1) that are subject to the ebb and flow of the tide shoreward to their mean high. water mark (mean higher high water mark on the Pacific Coast)., and (2) that have been used, are now used, or are susceptible to use as a means to transport interstate commerce up to the head of their navigation, and (3) that are contiguous or adjacent wetlands, marshes, shallows, swamps, mudflats, and similar areas.".