Title: Regulatory Certainty Act of 2018
Policy area: Environmental Protection

Summary:
Regulatory Certainty Act of 2018
This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to specify that the Environmental Protection Agency (EPA) must determine, in consultation with the U.S. Army Corps of Engineers, that a discharge of dredged or fill materials into a disposal area will have certain unacceptable adverse effects before the EPA prohibits the specification, or restricts the use, of an area as a disposal site.
The period during which the EPA may make such a prohibition is limited to the period that: (1) begins on the date that the Corps of Engineers provides notice to the EPA that the Corps of Engineers has completed all procedures for processing an application for a permit for dredged or fill material and is ready to determine whether the permit should be issued, and (2) ends on the date that the Corps of Engineers issues the permit. The Corps of Engineers must ensure that the period consists of at least 30 consecutive days.
The Corps of Engineers may issue a permit for dredged or fill material only after the Corps of Engineers provides notice to the EPA.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3009 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3009

 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 that Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2018

 Mrs. Capito (for herself, Mr. Barrasso, Mr. Boozman, and Mr. Inhofe) 
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 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 that Act, 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 ``Regulatory Certainty Act of 2018''.

SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL.

    (a) In General.--Section 404(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344(c)) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Authorization To Prohibit Specification of Defined Area.--
            ``(1) In general.--In accordance with this subsection, the 
        Administrator may--
                    ``(A) prohibit the specification (including the 
                withdrawal of specification) of any defined area as a 
                disposal site; and
                    ``(B) deny or restrict the use of any defined area 
                for specification (including the withdrawal of 
                specification) as a disposal site.
            ``(2) Determination by administrator.--Before carrying out 
        any action under paragraph (1), the Administrator shall--
                    ``(A) provide notice and an opportunity for a 
                public hearing on the action; and
                    ``(B) determine, in consultation with the 
                Secretary, that the discharge of a material into a 
                defined area will have an unacceptable adverse effect 
                on--
                            ``(i) a municipal water supply;
                            ``(ii) a shellfish bed or fishery area, 
                        including a spawning and breeding area;
                            ``(iii) wildlife; or
                            ``(iv) a recreational area.
            ``(3) Publishing of findings.--The Administrator shall make 
        publicly available a written statement that provides the 
        findings and reasons for making any determination under this 
        subsection.
            ``(4) Time period of specification.--
                    ``(A) In general.--The period during which the 
                Administrator may undertake any action under paragraph 
                (1) shall--
                            ``(i) begin on the date that the Secretary 
                        provides notice to the Administrator that the 
                        Secretary has completed all procedures for 
                        processing an application for a permit under 
                        this section relating to the specification and 
                        is ready to determine, in accordance with the 
                        record and applicable regulations, whether the 
                        permit should be issued; and
                            ``(ii) end on the date that the Secretary 
                        issues the permit.
                    ``(B) Length of time period.--The period described 
                in subparagraph (A) shall consist of not fewer than 30 
                consecutive days.
                    ``(C) Permit issued by secretary.--The Secretary 
                may issue a permit under this section only after the 
                Secretary provides notice to the Administrator in 
                accordance with this paragraph.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to a permit application submitted under section 404(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1344(a)) after the date 
of enactment of this Act.
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