HR7013-118

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

2. Compliance with 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 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. (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 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..

3. Expression of water quality-based effluent limitations Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: The Administrator (or a State, in the case of a permit program approved by the Administrator) may not include any water quality-based limitation on a discharge of a pollutant in a permit under this section except in the form of an effluent limitation that specifies— the pollutant to which it applies; and the numerical limit on the discharge of such pollutant, or the precise waterbody conditions to be attained with respect to such pollutant, required to comply with the permit. (t)Expression of water quality-Based effluent limitationsThe Administrator (or a State, in the case of a permit program approved by the Administrator) may not include any water quality-based limitation on a discharge of a pollutant in a permit under this section except in the form of an effluent limitation that specifies—(1)the pollutant to which it applies; and(2)the numerical limit on the discharge of such pollutant, or the precise waterbody conditions to be attained with respect to such pollutant, required to comply with the permit..