TITLE III--STANDARDS AND ENFORCEMENT

SEC. 303. WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS.

(a) No Reasonable Relationship.--Section 303(b) (33 U.S.C. 1313(b)) is amended by adding at the end the following:

"(3) No reasonable relationship.--No water quality standard shall be established under this subsection where there is no reasonable relationship between the costs and anticipated benefits of attaining such standard."

(b) Revision of State Standards.--

(1) Review of revisions by the administrator.--Section 303(c)(1) is amended by striking "three" and all that follows through "1972" and inserting the following: "5-year period beginning on the date of the enactment of the Clean Water Amendments of 2000 and, for criteria that are revised by the Administrator pursuant to section 304(a), on or before the 180th day after the date of such revision by the Administrator".

(2) Factors.--Section 303(c) (33 U.S.C. 1313(c)) is amended by striking paragraph (2)(A) and inserting the following: "(2) State adoption of water quality standards.--

(A) In general.--

(i) Submission to administrator.-- Whenever the State revises or adopts a new water quality standard, such standard shall be submitted to the Administrator.

(ii) Designated uses and water quality criteria.--The revised or new standard shall consist of the designated uses of the navigable waters involved and the water quality criteria for such waters based upon such uses.

(iii) Protection of human health.--The revised or new standard shall protect human health and the environment and enhance water quality.

(iv) Development of standards.--In developing revised or new standards, the State may consider information reasonably available on the likely social, economic, energy use, and environmental cost associated with attaining such standards in relation to the benefits to be attained. The State may provide a description of the considerations used in the establishment of the standards.

(v) Record of state's review.--The record of a State's review under paragraph (1) of an existing standard or adoption of a new standard that includes water quality criteria issued or revised by the Administrator after the date of the enactment of this sentence shall contain available estimates of costs of compliance with the water quality criteria published by the Administrator under section 304(a)(12) and any comments received by the State on such estimate.

(vi) Limitation on statutory construction.--Nothing in this subsection shall be construed to limit or delay the use of any guidance of the Administrator interpreting water quality criteria to allow the use of a dissolved metals concentration measurement or similar adjustment in determining compliance with a water quality standard or establishing effluent limitations."

(c) Revision of Designated Uses.--Section 303(c)(2) (33 U.S.C. 1313(c)(2)) is amended by adding at the end the following:

"(C) Revision of designated uses.--

(i) Regulations.--After consultation with State officials and not later than 1 year after the date of the enactment of this subparagraph, the Administrator shall propose, and not later than 2 years after such date of enactment shall issue, a revision to the Administrator's regulations regarding designation of uses of waters by States.

(ii) Waters not attaining designated uses.--For navigable waters not attaining designated uses applicable to such waters for all pollutants, the Administrator shall identify conditions that make attainment of the designated use infeasible and shall allow a State to modify the designated use if the State determines that such condition or conditions are present with respect to a particular receiving water, or if the State determines that the costs of achieving the designated use are not justified by the benefits.

(iii) Modification of point source limits.--Notwithstanding any other provision of this Act, water quality based limits applicable to point sources may be modified as appropriate to conform to any modified designated use under this section."

 

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