Creating Confidence in Clean Water Permitting Act

4/8/2024, 1:14 PM

Creating Confidence in Clean Water Permitting Act

This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States. It also limits the issuance of permits under the act.

First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule.

Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then discharges under the expired permit may continue until a new permit is issued. Finally, the bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years.

Additionally, the bill modifies the permitting program of the EPA and the U.S. Corps of Engineers that regulates the discharge of dredged or fill material into waters of the United States. For example, the bill limits the EPA's veto authority to restrict, prohibit, deny, or withdraw the specification by the Corps of a site for the discharge of dredged or fill material into waters of the United States. The bill also modifies requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the Corps from certain consultation and environmental review requirements when reissuing nationwide general permits.

Further, the bill also provides statutory authority for the EPA's decision to approve Florida's request to assume permitting authority from the Corps for the discharge of dredged or fill material. The decision, which was issued in 2020, was subsequently vacated in 2024 by the U.S. District Court for the District of Columbia.

The bill also directs the EPA and the Corps to begin a process to issue guidance on the implementation of the 2023 final rule titled Revised Definition of "Waters of the United States"; Conforming and stipulates the guidance must comply with the decision of the Supreme Court in Sackett v. EPA.

Finally, the bill prohibits permits from being issued under Title IV of the Clean Water Act for any discharges from a point source that is owned or operated by certain foreign counties of concern and any subsidiaries of entities that are subject to the jurisdiction of such countries.

Congress
118

Number
HR - 7023

Introduced on
2024-01-17

# Amendments
7

Sponsors
+5

Variations and Revisions

3/22/2024

Status of Legislation

Bill Introduced
Introduced to House
Failed in House
Introduced to Senate
Senate to Vote

Purpose and Summary

Creating Confidence in Clean Water Permitting Act

This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States. It also limits the issuance of permits under the act.

First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule.

Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then discharges under the expired permit may continue until a new permit is issued. Finally, the bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years.

Additionally, the bill modifies the permitting program of the EPA and the U.S. Corps of Engineers that regulates the discharge of dredged or fill material into waters of the United States. For example, the bill limits the EPA's veto authority to restrict, prohibit, deny, or withdraw the specification by the Corps of a site for the discharge of dredged or fill material into waters of the United States. The bill also modifies requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the Corps from certain consultation and environmental review requirements when reissuing nationwide general permits.

Further, the bill also provides statutory authority for the EPA's decision to approve Florida's request to assume permitting authority from the Corps for the discharge of dredged or fill material. The decision, which was issued in 2020, was subsequently vacated in 2024 by the U.S. District Court for the District of Columbia.

The bill also directs the EPA and the Corps to begin a process to issue guidance on the implementation of the 2023 final rule titled Revised Definition of "Waters of the United States"; Conforming and stipulates the guidance must comply with the decision of the Supreme Court in Sackett v. EPA.

Finally, the bill prohibits permits from being issued under Title IV of the Clean Water Act for any discharges from a point source that is owned or operated by certain foreign counties of concern and any subsidiaries of entities that are subject to the jurisdiction of such countries.

Alternative Names
Official Title as IntroducedTo amend section 404 of the Federal Water Pollution Control Act to codify certain regulatory provisions relating to nationwide permits for dredged or fill material, and for other purposes.

Policy Areas
Environmental Protection

Potential Impact
Administrative law and regulatory procedures•
Army Corps of Engineers•
Congressional oversight•
Environmental Protection Agency (EPA)•
Florida•
Judicial review and appeals•
Licensing and registrations•
State and local government operations•
Water quality

Comments

Recent Activity

Latest Summary3/26/2024

Creating Confidence in Clean Water Permitting Act

This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) progr...


Latest Action3/22/2024
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.