IB 

Union Calendar No. 453 

113TH CONGRESS 

2D SESSION H. R. 4854 

[Report No. 113–609] 

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 

JUNE 12, 2014 

Mr. GIBBS (for himself, Mr. RAHALL, Mr. BUCSHON, Mrs. CAPITO, Mr. 

MASSIE, Mr. CRAMER, Mr. PERRY, Mr. RIBBLE, Mrs. LUMMIS, Mr. 

JONES, Mr. SOUTHERLAND, Mr. MCKINLEY, Mr. HUELSKAMP, and Mr. 

MARINO) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

NOVEMBER 12, 2014 

Additional sponsors: Mr. COTTON, Mr. ROKITA, Mr. JOLLY, Mr. GOSAR, Mr. 

RODNEY DAVIS of Illinois, Mr. BARLETTA, and Mr. TIPTON

NOVEMBER 12, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


ebenthall on DSK5SPTVN1PROD with BILLS
2 

•HR 4854 RH

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. 


ebenthall on DSK5SPTVN1PROD with BILLS
3 

•HR 4854 RH

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 ‘‘Regulatory Certainty 

5 Act of 2014’’. 

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

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

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

9 amended— 

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

11 (2) in paragraph (1), as so designated, by in12 serting ‘‘during the period described in paragraph 

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

14 public hearings’’; and 

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

16 ‘‘(2)(A) The period during which the Adminis17 trator may prohibit the specification (including the 

18 withdrawal of specification) of any defined area as 

19 a disposal site, or deny or restrict the use of any de20 fined area for specification (including the withdrawal 

21 of specification) as a disposal site, under paragraph 

22 (1) shall— 

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

24 provides notice to the Administrator that the 

25 Secretary has completed all procedures for 


ebenthall on DSK5SPTVN1PROD with BILLS
4 

•HR 4854 RH

1 processing an application for a permit under 

2 this section relating to the specification and is 

3 ready to determine, in accordance with the 

4 record and applicable regulations, whether the 

5 permit should be issued; and 

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

7 issues the permit. 

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

9 described in subparagraph (A) consists of not fewer 

10 than 30 consecutive days. 

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

12 this section only after the Secretary provides notice 

13 to the Administrator in accordance with this para14 graph.’’. 

15 (b) APPLICABILITY.—The amendments made by sub16 section (a) shall apply to a permit application submitted 

17 under section 404(a) of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1344(a)) after the date of enactment 

19 of this Act. 


ebenthall on DSK5SPTVN1PROD with BILLS

ebenthall on DSK5SPTVN1PROD with BILLS
Union Calendar No. 453 

113TH CONGRESS 

2D SESSION H. R. 4854 

[Report No. 113–609] 

A BILL 

To amend the Federal Water Pollution Control Act 

of such Act, and for other purposes. specification, as a disposal site under section 404 deny or restrict the use of a defined area for prohibit the specification of a defined area, or mental Protection Agency has the authority to to clarify when the Administrator of the EnvironNOVEMBER 12, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ebenthall on DSK5SPTVN1PROD with BILLS