Sec. 6. State authority to identify waters within its boundaries
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/bill/113/hr/5077/rh/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 ) is amended by striking subsection (d)(2) and inserting the following: Each State shall submit to the Administrator from time to time, with the first such submission not later than 180 days after the date of publication of the first identification of pollutants under section 304(a)(2)(D), the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection.
The Administrator shall approve the State identification and load or announce his disagreement with the State identification and load not later than 30 days after the date of submission, and if— the Administrator approves the identification and load submitted by the State in accordance with this subsection, such State shall incorporate them into its current plan under subsection (e); and the Administrator announces his disagreement with the identification and load submitted by the State in accordance with this subsection, the Administrator shall submit, not later than 30 days after the date on which such announcement is made, to the State his written recommendation of those additional waters that he identifies and such loads for such waters as he believes are necessary to implement the water quality standards applicable to such waters.
Upon receipt of the Administrator’s recommendation the State shall within 30 days either— disregard the Administrator’s recommendation in full and incorporate its own identification and load into its current plan under subsection (e); accept the Administrator’s recommendation in full and incorporate its identification and load as amended by the Administrator’s recommendation into its current plan under subsection (e); or accept the Administrator’s recommendation in part, identifying certain additional waters and certain additional loads proposed by the Administrator to be added to such State’s identification and load and incorporate such State’s identification and load as amended into its current plan under subsection (e).
If the Administrator fails to either approve the State identification and load or announce his disagreement with the State identification and load within the time specified in this subsection, then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e). If the Administrator announces his disagreement with the State identification and load but fails to submit his written recommendation to the State within 30 days as required by subparagraph (A)(ii) then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e).
This paragraph shall apply to any decision made by the Administrator under this subsection issued on or after March 1, 2013. .
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Sec. 6
State authority to identify waters within its boundaries
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