[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 234 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 234

 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

                            January 22, 2015

 Mr. Vitter (for himself, Mr. Manchin, Mr. Heller, Mr. McConnell, Mr. 
 Enzi, Mr. Risch, Mr. Crapo, Mr. Barrasso, and Mr. Perdue) 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.

    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 Fairness Act of 2015''.

SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Denial or Restriction of Use of Specified Disposal Sites.--
            ``(1) In general.--During and only during the period 
        beginning on the date on which the Secretary publishes the 
        notice required under subsection (a) of this section and ending 
        once the Secretary issues a permit under such subsection, the 
        Administrator may deny or restrict the use of any defined area 
        identified in such notice as a specified disposal site if the 
        Administrator determines, after notice and opportunity for 
        public comment, that the discharge of dredged or fill material 
        into such defined area will have an unacceptable adverse effect 
        on municipal water supplies, shellfish beds and fishery areas 
        (including spawning and breeding areas), wildlife, or 
        recreational areas.
            ``(2) Consultation.--Before making a determination under 
        paragraph (1), the Administrator shall consult with the 
        Secretary.
            ``(3) Explanation of determination.--The Administrator 
        shall set forth in writing and make publicly available--
                    ``(A) any findings of the Administrator;
                    ``(B) the basis of and reasons for making a 
                determination under paragraph (1); and
                    ``(C) all information and data reviewed in making 
                any determination under paragraph (1).
            ``(4) Previous action in absence of notice invalid.--No 
        previous action by the Administrator to deny or restrict the 
        use or prohibit the specification of any defined area as a 
        disposal site, and which occurred in the absence of the 
        Secretary's publishing of a notice under subsection (a) of this 
        section, is valid or otherwise enforceable.
            ``(5) Previous action after permit issued invalid.--No 
        previous action by the Administrator to deny or restrict the 
        use or prohibit the specification of any defined area as a 
        disposal site and for which the Secretary had issued a permit 
        under subsection (a) of this section, and which occurred after 
        the Secretary issued the permit, is valid or otherwise 
        enforceable.''.
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