I 

113TH CONGRESS 

2D SESSION H. R. 4854 

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 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Regulatory Certainty 

3 Act of 2014’’. 

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

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

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

7 amended— 

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

9 (2) in paragraph (1), as so designated, by in10 serting ‘‘during the period described in paragraph 

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

12 public hearings’’; and 

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

14 ‘‘(2)(A) The period during which the Adminis15 trator may prohibit the specification (including the 

16 withdrawal of specification) of any defined area as 

17 a disposal site, or deny or restrict the use of any de18 fined area for specification (including the withdrawal 

19 of specification) as a disposal site, under paragraph 

20 (1) shall— 

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

22 provides notice to the Administrator that the 

23 Secretary has completed all procedures for 

24 processing an application for a permit under 

25 this section relating to the specification and is 

26 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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