HR3897-119

1. Short title This Act may be cited as the Confidence in Clean Water Permits Act.

2. Confidence in clean water permits Section 402(k) of the Federal Water Pollution Control Act (33 U.S.C. 1342(k)) is amended— by striking (k) Compliance with and inserting the following: Subject to paragraph (2), compliance with by adding at the end the following: For purposes of paragraph (1), compliance with the conditions of a permit issued under this section shall be considered compliance with respect to a discharge of— any pollutant for which an effluent limitation is included in the permit; and any pollutant for which an effluent limitation is not included in the permit that is— specifically identified as controlled or monitored through indicator parameters in the permit, the fact sheet for the permit, or the administrative record relating to the permit; specifically identified during the permit application process as present in discharges to which the permit will apply; or whether or not specifically identified in the permit or during the permit application process— present in any waste streams or processes of the point source to which the permit applies, which waste streams or processes are specifically identified during the permit application process; or otherwise within the scope of any operations of the point source to which the permit applies, which scope of operations is specifically identified during the permit application process. Section 402(l)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)(3)) is amended— in subparagraph (B)— by striking section 402 and inserting this section; and by striking federal and inserting Federal; and in subparagraph (C)— by striking Section and inserting section; by striking 402(p)(6) and inserting subsection (p)(6); by striking 402(l)(3)(A), and inserting subparagraph (A),; and by striking 402(l)(3)(A). and inserting such subparagraph.. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: If the Administrator (or a State, in the case of a permit program approved by the Administrator) determines that a water quality-based limitation on a discharge of a pollutant is necessary to include in a permit under this section in addition to any appropriate technology-based effluent limitations included in such permit, the Administrator (or the State) may include such water quality-based limitation in such permit only in the form of a limitation that— specifies the pollutant to which it applies; and clearly describes the manner in which compliance with the limitation may be achieved, which shall include— a numerical limit on the discharge of such pollutant; or a narrative description of required actions (including any measures or practices required to be applied). (k)Compliance with permits (1)In generalSubject to paragraph (2), compliance with; and (2)ScopeFor purposes of paragraph (1), compliance with the conditions of a permit issued under this section shall be considered compliance with respect to a discharge of— (A)any pollutant for which an effluent limitation is included in the permit; and (B)any pollutant for which an effluent limitation is not included in the permit that is— (i)specifically identified as controlled or monitored through indicator parameters in the permit, the fact sheet for the permit, or the administrative record relating to the permit; (ii)specifically identified during the permit application process as present in discharges to which the permit will apply; or (iii)whether or not specifically identified in the permit or during the permit application process— (I)present in any waste streams or processes of the point source to which the permit applies, which waste streams or processes are specifically identified during the permit application process; or (II)otherwise within the scope of any operations of the point source to which the permit applies, which scope of operations is specifically identified during the permit application process.. (t) Expression of water quality-Based effluent limitations If the Administrator (or a State, in the case of a permit program approved by the Administrator) determines that a water quality-based limitation on a discharge of a pollutant is necessary to include in a permit under this section in addition to any appropriate technology-based effluent limitations included in such permit, the Administrator (or the State) may include such water quality-based limitation in such permit only in the form of a limitation that— (1) specifies the pollutant to which it applies; and (2) clearly describes the manner in which compliance with the limitation may be achieved, which shall include— (A) a numerical limit on the discharge of such pollutant; or (B) a narrative description of required actions (including any measures or practices required to be applied). .