II 

113TH CONGRESS 

2D SESSION S. 2156 

To amend the Federal Water Pollution Control Act to confirm the scope 

of the authority of the Administrator of the Environmental Protection 

Agency to deny or restrict the use of defined areas as disposal sites. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2014 

Mr. VITTER (for himself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Federal Water Pollution Control Act to confirm the scope of the authority of the Administrator 

of the Environmental Protection Agency to deny or restrict the use of defined areas as disposal sites. 

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 Fairness 

5 Act of 2014’’. 


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2 

•S 2156 IS

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

2 Section 404 of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1344) is amended by striking subsection 

4 (c) and inserting the following: 

5 ‘‘(c) DENIAL OR RESTRICTION OF USE OF SPECIFIED

6 DISPOSAL SITES.— 

7 ‘‘(1) IN GENERAL.—During and only during the 

8 period beginning on the date on which the Secretary 

9 publishes the notice required under subsection (a) of 

10 this section and ending once the Secretary issues a 

11 permit under such subsection, the Administrator 

12 may deny or restrict the use of any defined area 

13 identified in such notice as a specified disposal site 

14 if the Administrator determines, after notice and op15 portunity for public comment, that the discharge of 

16 dredged or fill material into such defined area will 

17 have an unacceptable adverse effect on municipal 

18 water supplies, shellfish beds and fishery areas (in19 cluding spawning and breeding areas), wildlife, or 

20 recreational areas. 

21 ‘‘(2) CONSULTATION.—Before making a deter22 mination under paragraph (1), the Administrator 

23 shall consult with the Secretary. 

24 ‘‘(3) EXPLANATION OF DETERMINATION.—The 

25 Administrator shall set forth in writing and make 

26 publicly available— 


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3 

•S 2156 IS

1 ‘‘(A) any findings of the Administrator; 

2 ‘‘(B) the basis of and reasons for making 

3 a determination under paragraph (1); and 

4 ‘‘(C) all information and data reviewed in 

5 making any determination under paragraph (1). 

6 ‘‘(4) PREVIOUS ACTION IN ABSENCE OF NOTICE

7 INVALID.—No previous action by the Administrator 

8 to deny or restrict the use or prohibit the specifica9 tion of any defined area as a disposal site, and 

10 which occurred in the absence of the Secretary’s 

11 publishing of a notice under subsection (a) of this 

12 section, is valid or otherwise enforceable. 

13 ‘‘(5) PREVIOUS ACTION AFTER PERMIT ISSUED

14 INVALID.—No previous action by the Administrator 

15 to deny or restrict the use or prohibit the specifica16 tion of any defined area as a disposal site and for 

17 which the Secretary had issued a permit under sub18 section (a) of this section, and which occurred after 

19 the Secretary issued the permit, is valid or otherwise 

20 enforceable.’’. 

Æ 


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