I 

117TH CONGRESS 

1ST SESSION H. R. 1820 

To amend the Federal Water Pollution Control Act to clarify when the 

Administrator of the Environmental Protection Agency has the authority 

to prohibit the specification of a defined area, or deny or restrict the 

use of a defined area for specification, as a disposal site under section 

404 of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 11, 2021 

Mr. GIBBS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to clarify 

when the Administrator of the Environmental Protection 

Agency has the authority to prohibit the specification 

of a defined area, or deny or restrict the use of a 

defined area for specification, as a disposal site under 

section 404 of such Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Revoking EPA’s Ty5 rannical Ruling Over Approved Commercial Tasks InvolvVerDate Sep 11 2014 19:24 May 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1820.IH H1820

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•HR 1820 IH

1 ing no Violations of Environmental Policy Act’’ or the 

2 ‘‘RETROACTIVE Policy Act’’. 

3 SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. 

4 (a) IN GENERAL.—Section 404(c) of the Federal 

5 Water Pollution Control Act (33 U.S.C. 1344(c)) is 

6 amended— 

7 (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 

8 (2) in paragraph (1), as so designated, by in9 serting ‘‘during the period described in paragraph 

10 (2) and’’ before ‘‘after notice and opportunity for 

11 public hearings’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(2)(A) The period during which the Adminis14 trator may prohibit the specification (including the 

15 withdrawal of specification) of any defined area as 

16 a disposal site, or deny or restrict the use of any de17 fined area for specification (including the withdrawal 

18 of specification) as a disposal site, under paragraph 

19 (1) shall— 

20 ‘‘(i) begin on the date that the Secretary 

21 provides notice to the Administrator that the 

22 Secretary has completed all procedures for 

23 processing an application for a permit under 

24 this section relating to the specification and is 

25 ready to determine, in accordance with the 


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1 record and applicable regulations, whether the 

2 permit should be issued; and 

3 ‘‘(ii) end on the date that the Secretary 

4 issues the permit. 

5 ‘‘(B) The Secretary shall ensure that the period 

6 described in subparagraph (A) consists of not fewer 

7 than 30 consecutive days. 

8 ‘‘(C) The Secretary may issue a permit under 

9 this section only after the Secretary provides notice 

10 to the Administrator in accordance with this para11 graph.’’. 

12 (b) APPLICABILITY.—The amendments made by sub13 section (a) shall apply to a permit application submitted 

14 under section 404(a) of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1344(a)) after the date of enactment 

16 of this Act. 

Æ 


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