PARTIAL NPDES PROGRAM.

SEC. 403. PARTIAL NPDES PROGRAM. (a) Partial Permit Program.— Section 402 is amended by adding at the end the following: “(n) Partial Permit Program.— “(1) State submission.—The Governor of a State may submit under subsection (b) of this section a permit program for a portion of the discharges into the navigable waters in such State. “(2) Minimum coverage.—A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection (b). “(3) Approval of major category partial permit programs.—The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if— “(A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and “(B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b). 101 STAT. 67 “(4) Approval of major component partial permit programs.—The Administrator may approve under this subsection a partial and phased permit program covering administration of a major component (including discharge categories) of a State permit program required by subsection (b) if— “(A) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection (b); and “(B) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the remainder of the State program required by subsection (b) by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.”. (b) Return of State Permit Program to Administrator.— (1) In general.—Section 402(c) is amended by adding at the end thereof the following new paragraph: “(4) Limitations on partial permit program returns and withdrawals.—A State may return to the Administrator administration, and the Administrator may withdraw under paragraph (3) of this subsection approval, of— “(A) a State partial permit program approved under subsection (n)(3) only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and “(B) a State partial permit program approved under subsection (n)(4) only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.”. (2) Conforming amendment.—Section 402(c)(1) is amended by striking out “as to those navigable waters” and inserting in lieu thereof “as to those discharges”.