article: SECTION 1. SHORT TITLE. This Act may be cited as the ``TMDL Regulatory Accountability Act of 2000''. SEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC. The Administrator shall-- (1) publish, not later the 5th day following the date of enactment of this Act, in the Federal Register a notice soliciting public comment for 120 days on revisions to regulations pertaining to the national pollutant discharge elimination system program and the water quality planning and management program published in the Federal Register on July 13, 2000 (65 Fed. Reg. 43586); (2) solicit comments from each State regarding the impact of such revisions on implementation and effectiveness of existing State programs; (3) hold public meetings for the purpose of receiving public comments on such revisions, including meetings at locations that will provide a reasonable opportunity for citizens of rural communities to both attend and provide comments; and (4) maintain a record of all public comments on such revisions, including comments from States under paragraph (2) and comments received at public meetings under paragraph (3), in a publicly available docket and, not later than the 180th day following such date of enactment, publish a response to the comments in the Federal Register. SEC. 3. FILLING DATA GAPS. (a) In General.--Not later than the 120th day following the date of enactment of this Act, the Administrator shall transmit to Congress an analysis of the monitoring data needed for development and implementation of TMDLs. Such analysis shall address the data gaps identified by the Comptroller General in the March 2000 report issued by the General Accounting Office, entitled ``Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data'', including gaps in data needed to-- (1) assess all State waters; (2) identify waters that are impaired; (3) identify pollution sources; (4) develop TMDLs; and (5) develop plans to implement TMDLs. (b) Data Collection Costs.--The analysis under subsection (a) shall include an estimate of the cost of collecting the monitoring data. (c) State Input.--In conducting the analysis under subsection (a) and estimating the costs under subsection (b), the Administrator shall solicit comments from each State regarding the analysis and estimate. SEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING. (a) Study Required.--The Administrator shall make arrangements with the National Academy of Sciences to conduct a study on the scientific bases underlying the development of TMDLs. (b) Scope.--The study shall include an evaluation of each of the following: (1) The information required to identify sources of pollutant loadings and their respective contributions to water quality impairment. (2) The information required to allocate reductions in pollutant loadings among sources. (3) Whether such information is available for use by States. (4) Whether such information, if available, is reliable. (5) If such information is not available or is not reliable, what methodologies should be used to obtain such information. (c) Review.--Before submitting a report under subsection (d), the National Academy of Sciences shall provide appropriate Federal, State, and public and private sector interests an opportunity to review and submit written comments on the report. The final report shall incorporate such comments if appropriate. (d) Report.--Not later than the 240th day following the date of enactment of this Act, the National Academy of Sciences shall transmit a report on the study to the Administrator and Congress. The report shall include recommendations of the National Academy of Sciences for improving the methodologies evaluated under the study. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $3,000,000. Such sums shall remain available until expended. SEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF REGULATORY CHANGES. (a) UMRA Analysis.-- (1) In general.--With respect to the revisions referred to in section 2, the Administrator shall prepare a written statement containing the information specified in section 202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532(a); 109 Stat. 64-65) and shall conduct the analyses required under section 205 of such Act (2 U.S.C. 1535). (2) Recommendations of the comptroller general.--In preparing the statement and conducting the analyses referred to in paragraph (1)-- (A) the Administrator shall address the concerns regarding the economic analysis performed by the Administrator on these regulatory changes identified by the Comptroller General in a June 21, 2000, report entitled ``Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters''; and (B) the Administrator, consistent with the recommendations of the Comptroller General, shall-- (i) use alternative baseline assumptions, including an assumption that accurately reflects the water quality data currently available for the development and implementation of TMDLs, and conduct a sensitivity analysis to assess the effect of different assumptions on the analyses; (ii) quantify benefits using the same baseline assumptions used to quantify costs; and (iii) consider costs to regulated entities and other Federal agencies, as well as costs to States. (b) Effects on Small Entities.--The Administrator shall conduct analyses of the effects of the revisions referred to in section 2 on small entities, including small businesses, small organizations, and small governmental organizations. Such analyses shall include, at a minimum-- (1) a description of and an estimate of the number of small entities to which the regulations, as revised, would apply; (2) the cost to small entities resulting from implementation of the regulations, as revised, by States and the Environmental Protection Agency; and (3) a description of the steps the Administrator has taken to minimize the significant economic impact on small entities, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the Administrator that affect the impact on small entities was rejected. (c) Information From Relevant Federal Agencies.--In conducting the analyses under subsections (a) and (b), the Administrator shall obtain information from relevant Federal agencies, including the Department of Agriculture, the Department of Defense, and the Small Business Administration. (d) Review by the Comptroller General.--At least 60 days before publishing an analysis in the Federal Register for public notice and comment under subsection (e), the Administrator shall provide the Comptroller General with an opportunity to review and comment on such analysis. (e) Public Review and Comment.--The Administrator shall publish the analyses required under subsections (a) and (b) in the Federal Register not later than 150th day after the date of enactment of this Act and shall solicit public comment for a period of not less than 60 days. Comments received shall be included in the publicly available docket maintained under section 2. (f) Response to Comments.--Not later than the 60th day following the last day of the comment period under subsection (e), the Administrator shall publish a response to comments in the Federal Register. SEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS. (a) Agency Review of Information and Regulations.--The Administrator shall review all information provided or developed under sections 2, 3, 4, and 5 and shall consider whether or not the Administrator should change the revisions referred to in section 2 based upon such information. (b) Explanation to Congress.--Upon completing the review, but not later than the 270th day following the date of enactment of this Act, the Administrator shall transmit to Congress an explanation of the Administrator's decision to change or not to change the revisions referred to in section 2. SEC. 7. DEFINITIONS. In this Act, the following definitions shall apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) TMDL.--The term ``TMDL'' has the meaning that the term ``total maximum daily load'' has under section 303(d)(1)(C) of the Federal Water Pollution Control Act (23 U.S.C. 1313(d)(1)(C)). (3) Small entity.--The term ``small entity'' has the meaning such term has in section 601 of title 5, United States Code. (4) State.--The term ``State'' has the meaning such term has under section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
summary: Directs the Administrator to transmit to Congress an analysis of the monitoring data needed for development and implementation of total maximum daily loads (TMDLs) which shall address data gaps identified by the Comptroller General in a March 2000 report entitled "Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data." Requires the Administrator to make arrangements with the National Academy of Sciences to study and report on the scientific bases underlying the development of TDMLs. Authorizes appropriations. Directs the Administrator, with respect to the economic analysis performed on regulatory changes identified by the Comptroller General in the June 2000 report entitled "Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters," to prepare certain statements and analyses required under the Unfunded Mandates Reform Act of 1995 with respect to: (1) significant regulatory actions that may result in expenditures by State, local, and tribal governments or the private sector of $100 million or more annually; and (2) selection of a least costly, most cost-effective, or least burdensome alternative. Requires the Administrator to conduct analyses of the effects of the revisions to the regulations pertaining to the NPDES and water quality planning and management on small entities. Directs the Administrator to review the information provided or developed under this Act and consider whether the revisions to such regulations should be changed. Requires an explanation to Congress of the decision to change or not to change such revisions.