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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7023 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 7023

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2024

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
To amend the Federal Water Pollution Control Act to provide regulatory 
and judicial certainty for regulated entities and communities, increase 
    transparency, and promote water quality, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Creating Confidence in Clean Water 
Permitting Act''.

SEC. 2. WATER QUALITY CRITERIA DEVELOPMENT AND TRANSPARENCY.

    (a) Information and Guidelines.--Section 304(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at 
the end the following:
            ``(10) Administrative procedure.--After the date of 
        enactment of this paragraph, the Administrator shall issue any 
        new or revised water quality criteria under paragraph (1) or 
        (9) by rule.''.
    (b) Administrative Procedure and Judicial Review.--Section 
509(b)(1) of the Federal Water Pollution Control Act (33 U.S.C. 
1369(b)(1)) is amended--
            (1) by striking ``section 402, and'' and inserting 
        ``section 402,''; and
            (2) by inserting ``and (H) in issuing any criteria for 
        water quality pursuant to section 304(a)(10),'' after 
        ``strategy under section 304(l),''.

SEC. 3. FEDERAL GENERAL PERMITS.

    Section 402(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(a)) is amended by adding at the end the following:
    ``(6)(A) The Administrator is authorized to issue general permits 
under this section for discharges of similar types from similar 
sources.
    ``(B) The Administrator may require submission of a notice of 
intent to be covered under a general permit issued under this section, 
including additional information that the Administrator determines 
necessary.
    ``(C) If a general permit issued under this section will expire and 
the Administrator decides not to issue a new general permit for 
discharges similar to those covered by the expiring general permit, the 
Administrator shall publish in the Federal Register a notice of such 
decision at least two years prior to the expiration of the general 
permit.
    ``(D) If a general permit issued under this section expires and the 
Administrator has not published a notice in accordance with 
subparagraph (C), until such time as the Administrator issues a new 
general permit for discharges similar to those covered by the expired 
general permit, the Administrator shall--
            ``(i) continue to apply the terms, conditions, and 
        requirements of the expired general permit to any discharge 
        that was covered by the expired general permit; and
            ``(ii) apply such terms, conditions, and requirements to 
        any discharge that would have been covered by the expired 
        general permit (in accordance with any relevant requirements 
        for such coverage) if the discharge had occurred before such 
        expiration.''.

SEC. 4. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) TERMS.

    Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 
U.S.C. 1342(b)(1)(B)) is amended to read as follows:
            ``(B) are for fixed terms--
                    ``(i) not exceeding 10 years, for a permit issued 
                to a State or municipality; and
                    ``(ii) not exceeding 5 years, for a permit issued 
                to any person not described in clause (i); and''.

SEC. 5. CONFIDENCE IN CLEAN WATER PERMITS.

    (a) Compliance With Permits.--Section 402(k) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(k)) is amended--
            (1) by striking ``(k) Compliance with'' and inserting the 
        following:
    ``(k) Compliance With Permits.--
            ``(1) In general.--Subject to paragraph (2), compliance 
        with''; and
            (2) by adding at the end the following:
            ``(2) Scope.--For purposes of paragraph (1), compliance 
        with the conditions of a permit issued under this section shall 
        be considered compliance with respect to a discharge of--
                    ``(A) any pollutant for which an effluent 
                limitation is included in the permit; and
                    ``(B) any pollutant for which an effluent 
                limitation is not included in the permit that is--
                            ``(i) specifically identified as controlled 
                        or monitored through indicator parameters in 
                        the permit, the fact sheet for the permit, or 
                        the administrative record relating to the 
                        permit;
                            ``(ii) specifically identified during the 
                        permit application process as present in 
                        discharges to which the permit will apply; or
                            ``(iii) whether or not specifically 
                        identified in the permit or during the permit 
                        application process--
                                    ``(I) present in any waste streams 
                                or processes of the point source to 
                                which the permit applies, which waste 
                                streams or processes are specifically 
                                identified during the permit 
                                application process; or
                                    ``(II) otherwise within the scope 
                                of any operations of the point source 
                                to which the permit applies, which 
                                scope of operations is specifically 
                                identified during the permit 
                                application process.''.
    (b) Technical Corrections.--Section 402(l)(3) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(l)(3)) is amended--
            (1) in subparagraph (B)--
                    (A) by striking ``section 402'' and inserting 
                ``this section''; and
                    (B) by striking ``federal'' and inserting 
                ``Federal''; and
            (2) in subparagraph (C)--
                    (A) by striking ``Section'' and inserting 
                ``section'';
                    (B) by striking ``402(p)(6)'' and inserting 
                ``subsection (p)(6)'';
                    (C) by striking ``402(l)(3)(A),'' and inserting 
                ``subparagraph (A),''; and
                    (D) by striking ``402(l)(3)(A).'' and inserting 
                ``such subparagraph.''.
    (c) Expression of Water Quality-based Effluent Limitations.--
Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) 
is amended by adding at the end the following:
    ``(t) Expression of Water Quality-based Effluent Limitations.--If 
the Administrator (or a State, in the case of a permit program approved 
by the Administrator) determines that a water quality-based limitation 
on a discharge of a pollutant is necessary to include in a permit under 
this section in addition to any appropriate technology-based effluent 
limitations included in such permit, the Administrator (or the State) 
may include such water quality-based limitation in such permit only in 
the form of an effluent limitation that specifies--
            ``(1) the pollutant to which it applies; and
            ``(2) the numerical limit on the discharge of such 
        pollutant, or the precise waterbody conditions to be attained 
        with respect to such pollutant, required to comply with the 
        permit.''.

SEC. 6. REDUCING PERMITTING UNCERTAINTY.

    (a) In General.--Section 404(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344(c)) is amended--
            (1) by striking ``(c) The Administrator'' and inserting the 
        following:
    ``(c) Specification or Use of Defined Area.--
            ``(1) In general.--The Administrator'';
            (2) in paragraph (1), as so designated, by inserting 
        ``during the period described in paragraph (2) and'' before 
        ``after notice and opportunity for public hearings''; and
            (3) by adding at the end the following:
            ``(2) Period of prohibition.--The period during which the 
        Administrator may prohibit the specification (including the 
        withdrawal of specification) of any defined area as a disposal 
        site, or deny or restrict the use of any defined area for 
        specification (including the withdrawal of specification) as a 
        disposal site, under paragraph (1) shall--
                    ``(A) begin on the date on which an applicant 
                submits all the information required to complete an 
                application for a permit under this section; and
                    ``(B) end on the date on which the Secretary issues 
                the permit.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to a permit application submitted under section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of 
enactment of this Act.

SEC. 7. NATIONWIDE PERMITTING IMPROVEMENT.

    (a) In General.--Section 404(e) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344) is amended--
            (1) by striking ``(e)(1) In carrying'' and inserting the 
        following:
    ``(e) General Permits on State, Regional, or Nationwide Basis.--
            ``(1) Permits authorized.--In carrying'';
            (2) in paragraph (2)--
                    (A) by striking ``(2) No general'' and inserting 
                the following:
            ``(2) Term.--No general''; and
                    (B) by striking ``five years'' and inserting ``ten 
                years''; and
            (3) by adding at the end the following:
            ``(3) Considerations.--In determining the environmental 
        effects of an activity under paragraph (1) or (2), the 
        Secretary shall consider only the effects of any discharge of 
        dredged or fill material resulting from such activity.
            ``(4) Nationwide permits for linear infrastructure 
        projects.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this section, the Secretary shall maintain 
                general permits on a nationwide basis for linear 
                infrastructure projects that do not result in the loss 
                of greater than \1/2\-acre of waters of the United 
                States for each single and complete project (as defined 
                in section 330.2 of title 33, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this paragraph)).
                    ``(B) Definition of linear infrastructure 
                project.--In this paragraph, the term `linear 
                infrastructure project' means a project to carry out 
                any activity required for the construction, expansion, 
                maintenance, modification, or removal of infrastructure 
                and associated facility for the transmission from a 
                point of origin to a terminal point of communications 
                or electricity or the transportation from a point of 
                origin to a terminal point of people, water, 
                wastewater, carbon dioxide, or fuel or hydrocarbons (in 
                the form of a liquid, liquescent, gaseous, or slurry 
                substance or supercritical fluid), including oil and 
                gas pipeline facilities.
            ``(5) Reissuance of nationwide permits.--In determining 
        whether to reissue a general permit issued under this 
        subsection on a nationwide basis--
                    ``(A) no consultation with an applicable State 
                pursuant to section 6(a) of the Endangered Species Act 
                of 1973 (16 U.S.C. 1535(a)) is required;
                    ``(B) no consultation with a Federal agency 
                pursuant to section 7(a)(2) of such Act (16 U.S.C. 
                1536(a)(2)) is required; and
                    ``(C) the requirements of section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)) shall be satisfied by preparing an 
                environmental assessment with respect to such general 
                permit.''.
    (b) Administration of Nationwide Permit Program.--In carrying out 
section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 
1344), the Secretary of the Army, acting through the Chief of 
Engineers, may not finalize or implement any modification to--
            (1) general condition 15 (relating to single and complete 
        projects), as included in the final rule titled ``Reissuance 
        and Modification of Nationwide Permits'' and published on 
        January 13, 2021, by the Department of the Army, Corps of 
        Engineers (86 Fed. Reg. 2868);
            (2) the definition of single and complete linear project, 
        as included in such final rule (86 Fed. Reg. 2877); or
            (3) the definition of single and complete project, as 
        included in section 330.2 of title 33, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).

SEC. 8. JUDICIAL REVIEW TIMELINE CLARITY.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) by redesignating subsection (t) as subsection (u);
            (2) in subsection (u), as so redesignated, by striking 
        ``Nothing in the section'' and inserting ``Savings Provision.--
        Nothing in this section''; and
            (3) by inserting after subsection (s) the following:
    ``(t) Judicial Review.--
            ``(1) Statute of limitations.--
                    ``(A) In general.--Notwithstanding any applicable 
                provision of law relating to statutes of limitations, 
                an action seeking judicial review of--
                            ``(i) an individual or general permit 
                        issued under this section shall be filed not 
                        later than the date that is 60 days after the 
                        date on which the permit was issued; and
                            ``(ii) verification that an activity is 
                        authorized by a general permit issued under 
                        this section shall be filed not later than the 
                        date that is 60 days after the date on which 
                        such verification was issued.
                    ``(B) Savings provision.--Nothing in subparagraph 
                (A) may be construed to authorize an action seeking 
                judicial review of the structure of, or authorization 
                for, a State permit program approved pursuant to this 
                section.
            ``(2) Limitation on commencement of certain actions.--
        Notwithstanding any other provision of law, no action described 
        in paragraph (1)(A) may be commenced unless the action--
                    ``(A) is filed by a party that submitted a comment, 
                during the public comment period for the administrative 
                proceedings related to the applicable action described 
                in such paragraph, which comment was sufficiently 
                detailed to put the Secretary or the State, as 
                applicable, on notice of the issue upon which the party 
                seeks judicial review; and
                    ``(B) is related to such comment.
            ``(3) Remedy.--If a court determines that the Secretary or 
        the State, as applicable, did not comply with the requirements 
        of this section in issuing an individual or general permit 
        under this section, or in verifying that an activity is 
        authorized by a general permit issued under this section, as 
        applicable--
                    ``(A) the court shall remand the matter to the 
                Secretary or the State, as applicable, for further 
                proceedings consistent with the court's determination;
                    ``(B) with respect to a determination regarding the 
                issuance of an individual or general permit under this 
                section, the court may not vacate, revoke, enjoin, or 
                otherwise limit the permit, unless the court finds that 
                activities authorized under the permit would present an 
                imminent and substantial danger to human health or the 
                environment for which there is no other equitable 
                remedy available under the law; and
                    ``(C) with respect to a determination regarding a 
                verification that an activity is authorized by a 
                general permit issued under this section, the court may 
                not enjoin the activity, unless the court finds that 
                the activity would present an imminent and substantial 
                danger to human health or the environment for which 
                there is no other equitable remedy available under the 
                law.
            ``(4) Timeline to act on court order.--If a court remands a 
        matter under paragraph (2), the court shall set and enforce a 
        reasonable schedule and deadline, which may not exceed 180 days 
        from the date on which the court remands such matter, except as 
        otherwise required by law, for the Secretary or the State, as 
        applicable, to take such actions as the court may order.''.

SEC. 9. LIMITATION ON PERMIT ISSUANCE.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by adding at the end the following:

``SEC. 407. LIMITATION ON PERMIT ISSUANCE.

    ``(a) Prohibition.--No permit may be issued under this title for 
any discharge from a point source that is owned or operated by an 
entity that--
            ``(1) is subject to the jurisdiction of a foreign country 
        of concern (as defined in section 9901(7) of the William M. 
        (Mac) Thornberry National Defense Authorization Act for Fiscal 
        Year 2021 (15 U.S.C. 4651(7)); or
            ``(2) is a subsidiary of an entity that is subject to the 
        jurisdiction of a foreign country of concern (as so defined).
    ``(b) Application.--This section shall be applied in a manner 
consistent with the obligations of the United States under applicable 
international agreements.''.

SEC. 10. IMPLEMENTATION GUIDANCE.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
and the Secretary of the Army, acting through the Chief of Engineers, 
shall begin a process to issue guidance on the implementation of the 
final rule published on September 8, 2023, by the Department of the 
Army, Corps of Engineers, Department of Defense and the Environmental 
Protection Agency and titled ``Revised Definition of `Waters of the 
United States'; Conforming'' (88 Fed. Reg. 61964).
    (b) Public Comment.--In issuing the guidance required under 
subsection (a), the Administrator and the Secretary shall--
            (1) prior to such issuance, solicit comments from the 
        public on such guidance; and
            (2) ensure that such comments and any responses to such 
        comments are made publicly available.
    (c) Compliance.--Any guidance issued pursuant to this section shall 
comply with the decision of the Supreme Court in Sackett v. EPA, 598 
U.S. 651 (2023).

SEC. 11. RULE OF CONSTRUCTION.

    Nothing in this Act, including the amendments made by this Act, may 
be construed as affecting the ban on oil and gas development in the 
Great Lakes described in section 386 of the Energy Policy Act of 2005 
(42 U.S.C. 15941).

SEC. 12. REPORT ON CORPS STAFFING NEEDS.

    Not later than 60 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency and the Secretary 
of the Army, acting through the Chief of Engineers, shall submit to 
Congress a report on--
            (1) the staffing needs of the Environmental Protection 
        Agency and the Corps of Engineers to process applications for, 
        and issue, permits under the Federal Water Pollution Control 
        Act, based on the number of such applications submitted during 
        the 5-year period preceding such date of enactment; and
            (2) the impact that funding for additional full-time 
        employees would have on processing timelines for such permits.

SEC. 13. SAVINGS CLAUSE RELATING TO PFAS.

    Nothing in this Act, including the amendments made by this Act, 
shall affect the authority of the Administrator of the Environmental 
Protection Agency to conduct research on perfluoroalkyl and 
polyfluoroalkyl substances.

SEC. 14. APPROVAL OF FLORIDA PERMIT PROGRAM.

    The notice of the Environmental Protection Agency approving the 
State of Florida's request to carry out a permit program for the 
discharge of dredged or fill material pursuant to section 404 of the 
Federal Water Pollution Control Act (33 U.S.C. 1344), published on 
December 22, 2020, and titled ``EPA's Approval of Florida's Clean Water 
Act Section 404 Assumption Request'' (85 Fed. Reg. 83553) shall have 
the force and effect of law.

            Passed the House of Representatives March 21, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```