[House Report 118-375]
[From the U.S. Government Publishing Office]


118th Congress }                                               {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                               { 118-375

======================================================================



 
           CREATING CONFIDENCE IN CLEAN WATER PERMITTING ACT

                                _______
                                

February 6, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Graves of Missouri, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 7023]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 7023) to amend section 404 of the 
Federal Water Pollution Control Act to codify certain 
regulatory provisions relating to nationwide permits for 
dredged or fill material, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................    12
Legislative History and Consideration............................    14
Committee Votes..................................................    18
Committee Oversight Findings and Recommendations.................    21
New Budget Authority and Tax Expenditures........................    21
Congressional Budget Office Cost Estimate........................    22
Performance Goals and Objectives.................................    22
Duplication of Federal Programs..................................    22
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    22
Federal Mandates Statement.......................................    22
Preemption Clarification.........................................    22
Advisory Committee Statement.....................................    23
Applicability to Legislative Branch..............................    23
Section-by-Section Analysis of the Legislation...................    23
    Section 1. Short Title.......................................    23
    Section 2. Water Quality Criteria Development and 
      Transparency...............................................    23
    Section 3. Federal General Permits...........................    23
    Section 4. Confidence in Clean Water Permits.................    23
    Section 5. Reducing Permitting Uncertainty...................    24
    Section 6. Nationwide Permitting Improvement.................    24
    Section 7. Judicial Review Timeline Clarity..................    24
    Section 8. Implementation Guidance...........................    24
Changes in Existing Law Made by the Bill, as Reported............    25
Minority Views...................................................    57

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Creating Confidence in Clean Water 
Permitting Act''.

SEC. 2. WATER QUALITY CRITERIA DEVELOPMENT AND TRANSPARENCY.

  (a) Information and Guidelines.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the 
end the following:
          ``(10) Administrative procedure.--After the date of enactment 
        of this paragraph, the Administrator shall issue any new or 
        revised water quality criteria under paragraph (1) or (9) by 
        rule.''.
  (b) Administrative Procedure and Judicial Review.--Section 509(b)(1) 
of the Federal Water Pollution Control Act (33 U.S.C. 1369(b)(1)) is 
amended--
          (1) by striking ``section 402, and'' and inserting ``section 
        402,''; and
          (2) by inserting ``and (H) in issuing any criteria for water 
        quality pursuant to section 304(a)(10),'' after ``strategy 
        under section 304(l),''.

SEC. 3. FEDERAL GENERAL PERMITS.

  Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 
1342(a)) is amended by adding at the end the following:
  ``(6)(A) The Administrator is authorized to issue general permits 
under this section for discharges of similar types from similar 
sources.
  ``(B) The Administrator may require submission of a notice of intent 
to be covered under a general permit issued under this section, 
including additional information that the Administrator determines 
necessary.
  ``(C) If a general permit issued under this section will expire and 
the Administrator decides not to issue a new general permit for 
discharges similar to those covered by the expiring general permit, the 
Administrator shall publish in the Federal Register a notice of such 
decision at least two years prior to the expiration of the general 
permit.
  ``(D) If a general permit issued under this section expires and the 
Administrator has not published a notice in accordance with 
subparagraph (C), until such time as the Administrator issues a new 
general permit for discharges similar to those covered by the expired 
general permit, the Administrator shall--
          ``(i) continue to apply the terms, conditions, and 
        requirements of the expired general permit to any discharge 
        that was covered by the expired general permit; and
          ``(ii) apply such terms, conditions, and requirements to any 
        discharge that would have been covered by the expired general 
        permit (in accordance with any relevant requirements for such 
        coverage) if the discharge had occurred before such 
        expiration.''.

SEC. 4. CONFIDENCE IN CLEAN WATER PERMITS.

  (a) Compliance With Permits.--Section 402(k) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(k)) is amended--
          (1) by striking ``(k) Compliance with'' and inserting the 
        following:
  ``(k) Compliance With Permits.--
          ``(1) In general.--Subject to paragraph (2), compliance 
        with''; and
          (2) by adding at the end the following:
          ``(2) Scope.--For purposes of paragraph (1), compliance with 
        the conditions of a permit issued under this section shall be 
        considered compliance with respect to a discharge of--
                  ``(A) any pollutant for which an effluent limitation 
                is included in the permit; and
                  ``(B) any pollutant for which an effluent limitation 
                is not included in the permit that is--
                          ``(i) specifically identified as controlled 
                        or monitored through indicator parameters in 
                        the permit, the fact sheet for the permit, or 
                        the administrative record relating to the 
                        permit;
                          ``(ii) specifically identified during the 
                        permit application process as present in 
                        discharges to which the permit will apply; or
                          ``(iii) whether or not specifically 
                        identified in the permit or during the permit 
                        application process--
                                  ``(I) present in any waste streams or 
                                processes of the point source to which 
                                the permit applies, which waste streams 
                                or processes are specifically 
                                identified during the permit 
                                application process; or
                                  ``(II) otherwise within the scope of 
                                any operations of the point source to 
                                which the permit applies, which scope 
                                of operations is specifically 
                                identified during the permit 
                                application process.''.
  (b) Expression of Water Quality-based Effluent Limitations.--Section 
402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is 
amended by adding at the end the following:
  ``(t) Expression of Water Quality-based Effluent Limitations.--If the 
Administrator (or a State, in the case of a permit program approved by 
the Administrator) determines that a water quality-based limitation on 
a discharge of a pollutant is necessary to include in a permit under 
this section in addition to any appropriate technology-based effluent 
limitations included in such permit, the Administrator (or the State) 
may include such water quality-based limitation in such permit only in 
the form of an effluent limitation that specifies--
          ``(1) the pollutant to which it applies; and
          ``(2) the numerical limit on the discharge of such pollutant, 
        or the precise waterbody conditions to be attained with respect 
        to such pollutant, required to comply with the permit.''.

SEC. 5. REDUCING PERMITTING UNCERTAINTY.

  (a) In General.--Section 404(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344(c)) is amended--
          (1) by striking ``(c) The Administrator'' and inserting the 
        following:
  ``(c) Specification or Use of Defined Area.--
          ``(1) In general.--The Administrator'';
          (2) in paragraph (1), as so designated, by inserting ``during 
        the period described in paragraph (2) and'' before ``after 
        notice and opportunity for public hearings''; and
          (3) by adding at the end the following:
          ``(2) Period of prohibition.--The period during which the 
        Administrator may prohibit the specification (including the 
        withdrawal of specification) of any defined area as a disposal 
        site, or deny or restrict the use of any defined area for 
        specification (including the withdrawal of specification) as a 
        disposal site, under paragraph (1) shall--
                  ``(A) begin on the date on which an applicant submits 
                all the information required to complete an application 
                for a permit under this section; and
                  ``(B) end on the date on which the Secretary issues 
                the permit.''.
  (b) Applicability.--The amendments made by subsection (a) shall apply 
to a permit application submitted under section 404 of the Federal 
Water Pollution Control Act (33 U.S.C. 1344) after the date of 
enactment of this Act.

SEC. 6. NATIONWIDE PERMITTING IMPROVEMENT.

  (a) In General.--Section 404(e) of the Federal Water Pollution 
Control Act (33 U.S.C. 1344) is amended--
          (1) by striking ``(e)(1) In carrying'' and inserting the 
        following:
  ``(e) General Permits on State, Regional, or Nationwide Basis.--
          ``(1) Permits authorized.--In carrying'';
          (2) in paragraph (2)--
                  (A) by striking ``(2) No general'' and inserting the 
                following:
          ``(2) Term.--No general''; and
                  (B) by striking ``five years'' and inserting ``ten 
                years''; and
          (3) by adding at the end the following:
          ``(3) Considerations.--In determining the environmental 
        effects of an activity under paragraph (1) or (2), the 
        Secretary shall consider only the effects of any discharge of 
        dredged or fill material resulting from such activity.
          ``(4) Nationwide permits for linear infrastructure 
        projects.--
                  ``(A) In general.--Notwithstanding any other 
                provision of this section, the Secretary shall maintain 
                general permits on a nationwide basis for linear 
                infrastructure projects that do not result in the loss 
                of greater than 1/2-acre of waters of the United States 
                for each single and complete project (as defined in 
                section 330.2 of title 33, Code of Federal Regulations 
                (as in effect on the date of enactment of this 
                paragraph)).
                  ``(B) Definition of linear infrastructure project.--
                In this paragraph, the term `linear infrastructure 
                project' means a project to carry out any activity 
                required for the construction, expansion, maintenance, 
                modification, or removal of infrastructure and 
                associated facility for the transmission from a point 
                of origin to a terminal point of communications or 
                electricity or the transportation from a point of 
                origin to a terminal point of people, water, 
                wastewater, carbon dioxide, or fuel or hydrocarbons (in 
                the form of a liquid, liquescent, gaseous, or slurry 
                substance or supercritical fluid), including oil and 
                gas pipeline facilities.
          ``(5) Reissuance of nationwide permits.--In determining 
        whether to reissue a general permit issued under this 
        subsection on a nationwide basis--
                  ``(A) no consultation with an applicable State 
                pursuant to section 6(a) of the Endangered Species Act 
                of 1973 (16 U.S.C. 1535(a)) is required;
                  ``(B) no consultation with a Federal agency pursuant 
                to section 7(a)(2) of such Act (16 U.S.C. 1536(a)(2)) 
                is required; and
                  ``(C) the requirements of section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332(2)(C)) shall be satisfied by preparing an 
                environmental assessment with respect to such general 
                permit.''.
  (b) Administration of Nationwide Permit Program.--In carrying out 
section 404(e) of the Federal Water Pollution Control Act (33 U.S.C. 
1344), the Secretary of the Army, acting through the Chief of 
Engineers, may not finalize or implement any modification to--
          (1) general condition 15 (relating to single and complete 
        projects), as included in the final rule titled ``Reissuance 
        and Modification of Nationwide Permits'' and published on 
        January 13, 2021, by the Department of the Army, Corps of 
        Engineers (86 Fed. Reg. 2868);
          (2) the definition of single and complete linear project, as 
        included in such final rule (86 Fed. Reg. 2877); or
          (3) the definition of single and complete project, as 
        included in section 330.2 of title 33, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).

SEC. 7. JUDICIAL REVIEW TIMELINE CLARITY.

  Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
          (1) by redesignating subsection (t) as subsection (u);
          (2) in subsection (u), as so redesignated, by striking 
        ``Nothing in the section'' and inserting ``Savings Provision.--
        Nothing in this section''; and
          (3) by inserting after subsection (s) the following:
  ``(t) Judicial Review.--
          ``(1) Statute of limitations.--
                  ``(A) In general.--Notwithstanding any applicable 
                provision of law relating to statutes of limitations, 
                an action seeking judicial review of--
                          ``(i) an individual or general permit issued 
                        under this section shall be filed not later 
                        than the date that is 60 days after the date on 
                        which the permit was issued; and
                          ``(ii) verification that an activity is 
                        authorized by a general permit issued under 
                        this section shall be filed not later than the 
                        date that is 60 days after the date on which 
                        such verification was issued.
                  ``(B) Savings provision.--Nothing in subparagraph (A) 
                may be construed to authorize an action seeking 
                judicial review of the structure of, or authorization 
                for, a State permit program approved pursuant to this 
                section.
          ``(2) Limitation on commencement of certain actions.--
        Notwithstanding any other provision of law, no action described 
        in paragraph (1)(A) may be commenced unless the action--
                  ``(A) is filed by a party that submitted a comment, 
                during the public comment period for the administrative 
                proceedings related to the applicable action described 
                in such paragraph, which comment was sufficiently 
                detailed to put the Secretary or the State, as 
                applicable, on notice of the issue upon which the party 
                seeks judicial review; and
                  ``(B) is related to such comment.
          ``(3) Remedy.--If a court determines that the Secretary or 
        the State, as applicable, did not comply with the requirements 
        of this section in issuing an individual or general permit 
        under this section, or in verifying that an activity is 
        authorized by a general permit issued under this section, as 
        applicable--
                  ``(A) the court shall remand the matter to the 
                Secretary or the State, as applicable, for further 
                proceedings consistent with the court's determination;
                  ``(B) with respect to a determination regarding the 
                issuance of an individual or general permit under this 
                section, the court may not vacate, revoke, enjoin, or 
                otherwise limit the permit, unless the court finds that 
                activities authorized under the permit would present an 
                imminent and substantial danger to human health or the 
                environment for which there is no other equitable 
                remedy available under the law; and
                  ``(C) with respect to a determination regarding a 
                verification that an activity is authorized by a 
                general permit issued under this section, the court may 
                not enjoin the activity, unless the court finds that 
                the activity would present an imminent and substantial 
                danger to human health or the environment for which 
                there is no other equitable remedy available under the 
                law.
          ``(4) Timeline to act on court order.--If a court remands a 
        matter under paragraph (2), the court shall set and enforce a 
        reasonable schedule and deadline, which may not exceed 180 days 
        from the date on which the court remands such matter, except as 
        otherwise required by law, for the Secretary or the State, as 
        applicable, to take such actions as the court may order.''.

SEC. 8. IMPLEMENTATION GUIDANCE.

  (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Administrator of the Environmental Protection Agency 
and the Secretary of the Army, acting through the Chief of Engineers, 
shall begin a process to issue guidance on the implementation of the 
final rule published on September 8, 2023, by the Department of the 
Army, Corps of Engineers, Department of Defense and the Environmental 
Protection Agency and titled ``Revised Definition of `Waters of the 
United States'; Conforming'' (88 Fed. Reg. 61964).
  (b) Public Comment.--In issuing the guidance required under 
subsection (a), the Administrator and the Secretary shall--
          (1) prior to such issuance, solicit comments from the public 
        on such guidance; and
          (2) ensure that such comments and any responses to such 
        comments are made publicly available.
  (c) Compliance.--Any guidance issued pursuant to this section shall 
comply with the decision of the Supreme Court in Sackett v. EPA, 598 
U.S. 651 (2023).

    Amend the title so as to read:
    A bill to amend the Federal Water Pollution Control Act to 
provide regulatory and judicial certainty for regulated 
entities and communities, increase transparency, and promote 
water quality, and for other purposes.

                         Purpose of Legislation

    The purpose of H.R. 7023, as amended, is to provide 
regulatory and judicial certainty for regulated entities and 
communities, increase transparency, and promote water quality, 
and for other purposes.

                  Background and Need for Legislation

    The Clean Water Act (CWA) is the primary law governing 
water quality of the Nation's surface waters.\1\ Congress 
enacted the 1972 amendments to the Federal Water Pollution 
Control Act, which is commonly referred to as the CWA, with the 
objective to ``restore and maintain the chemical, physical, and 
biological integrity of the Nation's waters.''\2\ To achieve 
this objective, two goals were established: (1) to eliminate 
pollutant discharge into navigable waters by 1985, and (2) 
where possible, to ensure water quality that is ``fishable'' 
and ``swimmable'' by 1983.\3\
---------------------------------------------------------------------------
    \1\H. Comm. on Transp. & Infrastructure, Jurisdiction and 
Activities of the Subcomm. on Water Resources and Environment, 118th 
Cong., (2023) (on file with Comm.) [hereinafter Jurisdiction and 
Activities Report].
    \2\CWA, Pub. L. 92-500, 86 Stat. 816 [hereinafter CWA].
    \3\Laura Gatz, Cong. Rsch. Serv. (RL30030), Clean Water Act: A 
Summary of the Law, (Updated Oct. 18, 2016), available at https://
www.crs.gov/Reports/RL30030 [hereinafter CRS Report RL30030].
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    The CWA consists of two major parts: (1) the authorization 
of financial assistance for construction of municipal 
wastewater treatment plants, and (2) the regulatory 
requirements that apply to those who discharge into navigable 
waters, including industrial and municipal actors.\4\ Planning, 
financial, and technical assistance for various regions and 
issues are also addressed.\5\ Title III of the CWA establishes 
the authority for the technological and water quality-based 
effluent limitation guidelines that must be abided by point 
source dischargers.\6\ Whereas Title III of the CWA largely 
focuses on the creation of water quality guidelines and 
limitations, Title IV primarily deals with application of the 
regulatory program, informed by the guidelines created pursuant 
to Title III, through which dischargers must receive permits or 
certifications.\7\
---------------------------------------------------------------------------
    \4\Id.
    \5\Id.
    \6\See CRS Report RL30030, supra note 3; see also CWA, supra note 
2, Sec. Sec. 301-320.
    \7\See CRS Report RL30030, supra note 3; see also CWA, supra note 
2, Sec. Sec. 301, 402, 404.
---------------------------------------------------------------------------
    In order to achieve its objectives, the CWA is predicated 
on the principle that discharges into waters of the United 
States are only lawful if authorized by a permit.\8\ Therefore, 
the application of various CWA components require a regulatory 
program. While certain regulatory programs under the law may 
only be carried out by the Federal Government, through either 
the Environmental Protection Agency (EPA) or the United States 
Army Corps of Engineers (Corps), certain responsibilities can 
be assumed by states approved by the EPA.\9\
---------------------------------------------------------------------------
    \8\See CRS Report RL30030, supra note 3.
    \9\See e.g. CWA, supra note 2, Sec. Sec. 401, 402, 404.
---------------------------------------------------------------------------
    Broadly, H.R. 7023, as amended, strives to once again find 
balance within the regulatory and permitting process originally 
envisioned by the CWA by providing a comprehensive package of 
commonsense reforms to permitting processes for energy 
producers, agriculture sector, builders, and water utilities. 
The bill includes necessary reforms to promote regulatory 
efficiency while increasing transparency and continuing to 
protect and promote clean water.
    One need for Congressional action relates to the term 
``waters of the United States'' (WOTUS). Notably, while the CWA 
protects ``navigable waters,'' which are broadly defined in the 
CWA as the ``waters of the United States, including the 
territorial seas.''\10\ The CWA does not further define the 
term WOTUS. Ultimately, the CWA grants authority to the EPA and 
the Corps to implement the CWA, and EPA and the Corps have 
promulgated several sets of rules defining a WOTUS to define 
the scope of CWA authority. There has been a substantial amount 
of litigation in the Federal Courts on the scope of CWA 
jurisdiction over the years, including multiple United States 
Supreme Court cases. Most recently, the EPA and the Corps 
published a final rule issuing a new WOTUS definition in 
response to the Supreme Court's ruling in Sackett v. EPA 
(Sackett).\11\ The Supreme Court concluded in Sackett that the 
CWA's jurisdiction encompasses waters that are ``relatively 
permanent, standing or continuously flowing bodies of water 
`forming geographical features' that are described in ordinary 
parlance as `streams, oceans, rivers, and lakes.'''\12\ The 
Supreme Court also held that jurisdictional wetlands ``must be 
indistinguishably part of a body of water that itself 
constitutes `waters' under the CWA.''\13\
---------------------------------------------------------------------------
    \10\Id.
    \11\Revised Definition of ``Waters of the United States''; 
Conforming, 88 Fed. Reg. 61964 (Sept. 8, 2023).
    \12\Sackett v. Environmental Protection Agency, 598 U.S. 651 
(2023).
    \13\Id.
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    The recent Sackett decision provided additional direction 
on the WOTUS definition, and therefore, the jurisdiction of the 
CWA. However, the conforming rule issued by the EPA and the 
Corps does not include or clarify certain phrases and terms 
applied in Sackett. For example, in a hearing before the 
Subcommittee on Water Resources and Environment of the 
Committee on Transportation and Infrastructure (Subcommittee), 
on December 5, 2023, Assistant Secretary for the Army (Civil 
Works) Michael Connor testified that the agencies will develop 
additional guidance to implement the ``continuous surface 
connection'' test outlined by Sackett, while simultaneously 
working through individual requests for Clean Water Act 
jurisdictional determinations in light of the Sackett 
decision.\14\
---------------------------------------------------------------------------
    \14\Water Resources Development Acts: Status of Past Provisions and 
Future Needs Before the Subcomm. on Water Resources and Environment of 
the H. Comm. on Transp. And Infrastructure, 118th Cong. (Dec. 5, 2023) 
(statement of The Honorable Michael L. Connor, Assistant Secretary of 
the Army for Civil Works, United States Department of the Army) 
[hereinafter Status of Past Provisions].
---------------------------------------------------------------------------
    These ambiguities have caused confusion in applying the 
rule, especially for Corps districts who are tasked with 
issuing jurisdictional determinations (JDs).\15\ Assistant 
Secretary Connor also stated during the December 5, 2023, 
hearing that there was a backlog of more than 4,000 JDs in 
Corps districts across the country.\16\ However, neither the 
EPA nor the Corps has, to date, publicly issued additional 
implementation guidance for JDs or initiated a process to do 
so. The Corps and EPA are providing public information on 
recent JDs under the CWA post Sackett and posting these JDs on 
the Corps and EPA's websites.\17\ Given this, to help provide 
additional clarity, Section Eight of H.R. 7023, as amended, 
would require the EPA and the Corps to initiate a process to 
receive public comment and issue implementation guidance that 
is consistent with recent Sackett decision.
---------------------------------------------------------------------------
    \15\Jurisdictional determinations are performed on a property in 
order to delineate which waters are Waters of the U.S. and are 
therefore subject to CWA Sec. 404.
    \16\Status of Past Provisions, supra note 14.
    \17\See Corps, USACE Jurisdictional Determinations and Permit 
Decisions, available at https://permits.ops.usace.army.mil/orm-public 
EPA, Clean Water Act Approved Jurisdictional Determinations, available 
at https://watersgeo.epa.gov/cwa/CWA-JDs/?pageNum=2.
---------------------------------------------------------------------------
    Additionally, Section 402 of the CWA authorizes the 
National Pollutant Discharge Elimination System (NPDES) program 
to regulate discharges of pollutants from point sources into 
navigable waters.\18\ Point sources are defined as ``any 
discernible, confined and discrete conveyance, such as a pipe, 
ditch, channel, conduit, discrete fissure, or container,''\19\ 
and also include ``vessels or other floating craft'' from which 
pollutants may be discharged.\20\ Section 402 excludes certain 
agriculture and stormwater runoff from requiring a NPDES 
permit.\21\
---------------------------------------------------------------------------
    \18\CWA, supra note 2, Sec. 402.
    \19\Id.
    \20\Id.; see generally also EPA, NPDES Permit Basics, available at 
https://www.epa.gov/npdes/npdes-permit-basics [hereinafter NPDES Permit 
Basics].
    \21\Id.
---------------------------------------------------------------------------
    Since all point source dischargers are subject to the NPDES 
program, a total of more than 65,000 industrial and municipal 
conventional dischargers are required to obtain permits 
pursuant to Section 402.\22\ In addition, NPDES permits are 
required for stormwater discharges from industrial and 
municipal sources, including over 150,000 individual 
sources.\23\ NPDES permits require the point source to attain 
technology-based effluent limits, while specifying the 
numerical effluent limitations that sources must meet in order 
to guarantee water quality where possible, and a deadline for 
compliance.\24\ Point sources may, in some instances, apply for 
a NPDES general permit as opposed to a NPDES individual permit. 
A NPDES individual permit is written for site-specific 
discharges that are unique to a specific location or 
discharge.\25\
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    \22\CRS Report RL30030, supra note 3.
    \23\Id.
    \24\Id.
    \25\See NPDES Permit Basics, supra note 20.
---------------------------------------------------------------------------
    The CWA authorizes the EPA to approve individual states and 
tribes to manage their own NPDES permitting programs.\26\ 
Nearly all states have assumed administration of their own 
NPDES permitting programs, with only three exceptions: 
Massachusetts, New Hampshire, and New Mexico.\27\
---------------------------------------------------------------------------
    \26\CRS Report RL30030, supra note 3.
    \27\Id.
---------------------------------------------------------------------------
    Under Section 304(a) of the CWA, the EPA is required to 
develop, publish, and, from time to time, revise criteria for 
water quality. These criteria serve as recommendations to 
states for defining ambient surface water conditions of a water 
body to protect against adverse effects to aquatic life and 
human health.\28\ These criteria are often adopted by states 
and help inform the development of water quality-based effluent 
limits included in NPDES permits.\29\ Currently, the EPA 
voluntarily accepts comments on proposed criteria under 304(a) 
and subjects them to review from its own Science Advisory 
Board. In a hearing before the Subcommittee on May 16, 2023, a 
witness representing the National Association of Clean Water 
Agencies, Mickey Conway, Chief Executive Officer (CEO) of Metro 
Water Recovery in Denver, CO, testified, ``[a]s utilities face 
complex and costly infrastructure challenges over the next 
fifty years, it is critical that the limits imposed in NPDES 
permits be based on the best available science and a complete 
record, not political whim or expedience.''\30\ Section Two of 
H.R. 7023, as amended, increases the transparency of the 
process of creating limits for NPDES permits by requiring that 
water quality criteria are developed through an official 
rulemaking, which allows outside comments made by stakeholders, 
experts, and others, to be considered. It also ensures that the 
rulemaking is subject to limited judicial review.
---------------------------------------------------------------------------
    \28\EPA, NPDES Permit Writers' Manual, available at https://
www.epa.gov/sites/default/files/2015-09/documents/pwm_2010.pdf.
    \29\Id.
    \30\The Next Fifty Years of the Clean Water Act: Examining the Law 
and Infrastructure Project Completion, Before the Subcomm. on Water 
Resources and Environment of the H. Comm. on Transp. And 
Infrastructure, 118th Cong., (May 16, 2023) (written testimony of Mr. 
Mickey Conway, CEO, Metro Water Recovery, Denver Colorado, on behalf of 
National Association of Clean Water Agencies) [hereinafter Conway 
Testimony].
---------------------------------------------------------------------------
    Section 402(k) of the CWA provides a ``permit shield'' for 
permit holders. Under this provision, if a permittee is in 
compliance with its NPDES permit terms, they are shielded from 
enforcement action from agencies and third parties. The United 
States Supreme Court has held that this permit shield serves to 
``insulate permit holders from changes in various regulations 
during the period of a permit and to relieve permit holders of 
having to litigate the question of whether their permits are 
sufficiently strict. In short, Section 402(k) serves the 
purpose of giving permits finality.''\31\
---------------------------------------------------------------------------
    \31\E. I. du Pont de Nemours & and Co. v. Train, 430 U.S. 112 
(1977).
---------------------------------------------------------------------------
    The CWA provides for two types of general limits on 
pollution discharges--a technology-based limit (TBEL) and a 
more-stringent water quality-based limit (WQBEL) when 
technology-based limits alone, are insufficient to address 
local water quality concerns. Permit writers must consider the 
potential impact of every proposed surface water discharge on 
the quality of the receiving water. If TBELs are not sufficient 
to meet the water quality standards in the receiving water, the 
CWA (section 303(b)(1)(B)) and NPDES regulations (40 C.F.R. 
122.44(d)) require that the permit writer develop more 
stringent, water quality-based effluent limits (WQBELs).\32\ 
Some permit holders contend that permit writers are 
inappropriately incorporating generic requirements within NPDES 
permits as enforceable effluent limitations, which have 
attracted legal challenges. For example, the San Francisco 
Public Utilities Commission (SFPUC) is currently appealing a 
case before the United States Court of Appeals for the Ninth 
Circuit in which the court required its NPDES permit to 
maintain broad language outside of clear effluent limitations 
mandating it not ``cause or contribute to the violation of 
water quality standards.''\33\ Testimony to the Subcommittee 
from Mickey Conway, from the National Association of Clean 
Water Agencies, suggests that this language is not unique to 
the SFPUC permit, and is frequently included in NPDES permits 
throughout the country.\34\
---------------------------------------------------------------------------
    \32\EPA, Permit Limits--TBELs and WQBELs, available at https://
www.epa.gov/npdes/permit-limits-tbels-and-wqbels.
    \33\City and County of San Francisco v. U.S. Environmental 
Protection Agency (2023).
    \34\Conway Testimony, supra note 30.
---------------------------------------------------------------------------
    Due to this, Section Four of H.R. 7023, as amended, would 
clarify the scope of the permit shield a 1994 EPA policy 
guidance document, which specified that permittees are shielded 
from liability under lawful NPDES permits for (1) pollutants 
specifically limited in a permit; (2) pollutants specifically 
identified as present in a permit; or (3) pollutants not 
specifically identified as present, but which are constituents 
of operations or processes that are specifically identified in 
a permit.\35\ It would also require permit writers to include a 
``numerical limit'' on specified pollutants covered by the 
permit, or ``the precise waterbody conditions to be attained 
with respect to such pollutant[s],'' which will help limit 
ambiguity and ensure that any discharges authorized by the 
permit do not violate water quality standards.
---------------------------------------------------------------------------
    \35\EPA, Policy Statement on Scope of Discharge Authorization and 
Shield Associated with NPDES Permits, available at https://
www3.epa.gov/npdes/pubs/owm615.pdf.
---------------------------------------------------------------------------
    Both general and individual NPDES permits are issued for up 
to five years and must be renewed thereafter if discharge is to 
continue.\36\ However, if the permittee provides a complete 
application, but is not reissued a permit prior the date of 
expiration, the permit may be ``administratively 
continued.''\37\ Permit applications are considered backlogged 
for new applications if they are not issued or denied within 
365 days of receipt, and for extensions if they are 
administratively continued for 180 days or more.\38\ Section 
Three of H.R. 7023, as amended, seeks to provide more certainty 
for general permit holders by clarifying that if the EPA does 
not provide at least two years notice to general permit holders 
that the general permit will not be reissued, existing permit 
holders are provided continued coverage until a new permit is 
issued.
---------------------------------------------------------------------------
    \36\See NPDES Permit Basics, supra note 20 (stating applicants for 
NPDES permit renewals must complete an application for renewal at least 
180 days prior to original expiration).
    \37\Id.
    \38\Id.
---------------------------------------------------------------------------
    Section 404 of the CWA authorizes a separate type of permit 
required to discharge dredged or fill materials into navigable 
waters. Activities covered under the Section 404 program 
include those associated with pipeline projects; water 
resources projects such as levees and dams; mining projects 
such as those for critical minerals; infrastructure development 
such as highways and airports; and other development.\39\ Some 
activities are exempt from Section 404 permitting requirements, 
such as certain farming and forestry activities.\40\ Section 
404 permits are typically issued for a term of five years.\41\
---------------------------------------------------------------------------
    \39\EPA, Permit Program under CWA Section 404, available at https:/
/www.epa.gov/cwa-404/permit-program-under-cwa-section-404 [hereinafter 
Permit Program under CWA Section 404].
    \40\Id.
    \41\Id.
---------------------------------------------------------------------------
    The EPA and the Corps play complementary roles in 
implementing the Section 404 program, with the Corps in charge 
of issuing permits for discharge of dredged or fill material, 
using a set of environmental guidelines promulgated by the EPA 
in conjunction with the Corps to evaluate permit 
applications.\42\ Similar to the NPDES permitting process, the 
EPA can approve states and tribes to assume authority to grant 
or deny dredge and fill permits under Section 404, under the 
condition that states or tribes develop a wetlands permit 
program consistent with the CWA.\43\ Currently three states 
have assumed authority over their Section 404 program: Florida, 
Michigan, and New Jersey.\44\
---------------------------------------------------------------------------
    \42\CWA, supra note 2, Sec. 404(b); see also CRS Report RL30030, 
supra note 3.
    \43\EPA, State or Tribal Assumption of the CWA Section 404 Permit 
Program, available at https://www.epa.gov/cwa-404/state-or-tribal-
assumption-cwa-section-404-permit-program.
    \44\EPA, State and Tribal Assumption of Section 404 of the Clean 
Water Act, available at https://www.epa.gov/cwa404g.
---------------------------------------------------------------------------
    Pursuant to Section 404, the Corps issues two types of 
permits: general and individual. The CWA authorizes the 
issuance of general permits for discharges that are ``similar 
in nature, will cause only minimal adverse environmental 
effects when performed separately, and will have only minimal 
cumulative adverse effect on the environment''\45\ and are 
issued on a Nationwide, regional, or state basis for particular 
categories of activities.\46\ Nationwide Permits (NWPs) and 
Regional General Permits are issued by the Corps on a National 
basis and are designed to ``enhance regulatory efficiency and 
provide clarity for the regulated public without decreasing 
environmental protections.''\47\ The most recent reissuance of 
NWPs went into effect in February 2022, covering 59 distinct 
activity categories, including mooring buoys, residential 
developments, utility lines, road crossings, and mining 
activities.\48\ Similar to other permits, NWPs are often 
subject to litigation.\49\ Section Six of H.R. 7023, as 
amended, would, in effect, codify the current process followed 
by the Corps in relation to its NWP program.
---------------------------------------------------------------------------
    \45\CWA, supra note 2, Sec. 404(e).
    \46\Id.; see also Permit Program under CWA Section 404, supra note 
39.
    \47\Press Release, Corps., Army Corps of Engineers announces 
publication of 2021 Nationwide Permits (Jan. 13, 2021), available at 
https://www.usace.army.mil/Media/News-Releases/News-
Release-Article-View/Article/2470506/army-corps-of-engineers-announces-
publication-of-2021-
nationwide-permits.
    \48\See Corps., 2021 Nationwide Permit Information, available at 
https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-
Permits/Nationwide-Permits.
    \49\See generally Sierra Club, Inc. v. Bostick, CASE NO CIV-12-742-
R (W.D. Okla. Dec. 30, 2013) and Sierra Club v. U.S. Army Corps of 
Engineers, 803 F.3d 31 (D.C. Cir. 2015).
---------------------------------------------------------------------------
    Section 404 also authorizes the EPA to restrict, prohibit, 
deny, or withdraw the specification by the Corps of a site for 
the discharge of dredged or fill material, if the agency 
determines that the discharge will have an unacceptable adverse 
effect on municipal water supplies, shellfish beds and fishery 
areas, wildlife, or recreational areas.\50\ Section 404(c) is 
commonly referred to as the EPA's ``veto authority.'' Since the 
CWA's enactment, the EPA has issued fourteen Section 404(c) 
determinations, most recently for the Pebble Deposit Area in 
Alaska.\51\ Concerns have been raised about the EPA's use of 
the 404(c) authority to retroactively issue a veto after a 
project has received a permit, or preemptively veto a project 
before an application for a 404 permit is filed.
---------------------------------------------------------------------------
    \50\CWA, supra note 2, Sec. 404(c); See also EPA, Clean Water Act 
Section 404(c) ``Veto Authority'', available at https://www.epa.gov/
sites/default/files/2016-03/documents/404c.pdf.
    \51\EPA, Chronology of CWA Section 404(c) Actions, available at 
https://www.epa.gov/cwa-404/chronology-cwa-section-404c-actions.
---------------------------------------------------------------------------
    For example, in 2007, the Corps issued a permit for the 
Spruce No. 1 Mine located in Logan Co., West Virginia. After a 
change in Administration and legal action delaying beginning of 
construction, the EPA vetoed the permit retroactively in 
2011.\52\ In January 2023, the EPA preemptively vetoed a 
Section 404 permit for mine development at the Pebble Deposit 
Area in Bristol Bay, Alaska. This determination was made 
without an active section 404 permit and based on Pebble 
Limited Partnership's mine plan from 2020.\53\ Section Five of 
H.R. 7023, as amended, would only permit the EPA to issue a 
veto when there is an active application for a Section 404 
permit, providing more certainty to permit seekers and holders, 
as well as permitted projects. This legislation would not have 
any retroactive impact on projects that have already underwent 
a veto process.
---------------------------------------------------------------------------
    \52\EPA, Final Determination of the U.S. Environmental Protection 
Agency Pursuant to Sec. 404(c) of the Clean Water Act Concerning the 
Spruce No. 1 Mine, Logan County, West Virginia, available at https://
www.epa.gov/sites/default/files/2015-12/documents/
1_spruce_no_1_mine_final_
determination_011311.pdf.
    \53\Final Determination to Prohibit the Specification of and 
Restrict the Use for Specification of Certain Waters Within Defined 
Areas as Disposal Sites; Pebble Deposit Area, Southwest Alaska, 88 Fed. 
Reg. 7441 (February 3, 2023).
---------------------------------------------------------------------------
    In addition to the EPA's veto authority, the Administrative 
Procedure Act provides a six-year statute of limitations for 
challenges to Section 404 permits, which provides third parties 
an opportunity to legally challenge the issuance of a 
permit.\54\ This six-year window for legal action has caused 
project delays, added costs, and created uncertainty for permit 
seekers, as well as for the Federal Government. Mr. Brandon 
Farris of the National Association of Manufacturers, in 
response to a question for the record, stated that:
---------------------------------------------------------------------------
    \54\28 U.S.C. Sec. 2401(a).

          Setting reasonable timelines for bringing legal 
        challenges would significantly improve project 
        certainty. Federal agency actions have routinely been 
        challenged. In some instances, legal challenges were 
        brought forward after significant financial investment 
        in a project or a project had started construction. A 
        lack of a timeline for judicial review introduces 
        substantial project uncertainty for companies that rely 
        on federal decision making.\55\
---------------------------------------------------------------------------
    \55\The Next Fifty Years of the Clean Water Act: Examining the Law 
and Infrastructure Project Completion, Before the Subcomm. on Water 
Resources and Environment of the H. Comm. on Transp. And 
Infrastructure, 118th Cong., (May 16, 2023) (Questions for the Record 
Submitted by Chairman Rouzer to Brandon Farris, Vice President, Energy 
and Policy, National Association of Manufacturers).

    Section Seven of H.R. 7023, as amended, would apply a 60-
day statute of limitations to Section 404 individual permits 
and general permit verifications. If a court does identify 
compliance issues with the underlying statute, the court would 
be required to remand the permit back to the agency with 
specific timelines to take court-ordered action, generally 
within 180 days.

                                Hearings

    For the purposes of rule XIII, clause 3(c)(6)(A) of the 
118th Congress, the following related hearings were held to 
develop or consider H.R. 7023, as amended:
    On February 8, 2023, the Subcommittee on Water Resources 
and Environment of the Committee on Transportation and 
Infrastructure held a hearing entitled, ``Stakeholder 
Perspectives on the Impacts of the Biden Administration's 
Waters of the United States (WOTUS) Rule.'' At the hearing 
Members received testimony from Mr. Garrett Hawkins, President, 
Missouri Farm Bureau; Ms. Alicia Huey, Chairman, National 
Association of Home Builders; Mr. Mark Williams, Environmental 
Manager, Luck Companies, on behalf of National Stone, Sand & 
Gravel Association; Ms. Susan Parker Bodine, Partner, Earth & 
Water Law LLC; and Mr. Dave Owen, Professor of Law and Faculty 
Director of Scholarly Publications, UC College of the Law, San 
Francisco. This hearing examined the EPA and the Corps defining 
``waters of the United States'' under the CWA, and its 
regulatory impact on stakeholders. During the hearing, 
witnesses also broadly discussed the need for permitting and 
regulatory reform under the CWA.
    On Tuesday, May 16, 2023, the Subcommittee on Water 
Resources and Environment of the Committee on Transportation 
and Infrastructure held a hearing entitled, ``The Next Fifty 
Years of the Clean Water Act: Examining the Law and 
Infrastructure Project Completion.'' The Subcommittee received 
testimony from Dr. Andrea Travnicek, Director, Department of 
Resources, State of North Dakota; Hon. Serena Coleman McIlwain, 
Secretary of the Environment, State of Maryland; Mr. Mickey 
Conway, CEO, Metro Water Recovery, Denver, Colorado on behalf 
of the National Association of Clean Water Agencies; and Mr. 
Brandon Farris, Vice President, Energy and Resources Policy, 
National Association of Manufacturers. This hearing examined 
proposals on how to modernize the CWA to ensure the completion 
of infrastructure and energy projects, reduce supply chain 
challenges, and promote commerce, while protecting water 
quality.
    On Thursday, June 22, 2023, the Subcommittee on Water 
Resources and Environment of the Committee on Transportation 
and Infrastructure held a hearing entitled, ``Review of Fiscal 
Year 2024 Budget Request: Agency Perspectives (Part I). The 
Subcommittee received testimony from The Honorable Michael L. 
Connor, Assistant Secretary of the Army for Civil Works, 
Department of the Army; Major General William ``Butch'' H. 
Graham, Deputy Chief of Engineers and Deputy Commanding 
General, United States Army Corps of Engineers; Mr. Jeff Lyash, 
President and CEO, Tennessee Valley Authority; and Mr. Adam 
Tindall-Schlicht, Administrator, Great Lakes St. Lawrence 
Seaway Development Corporation. This hearing provided Members 
with an opportunity to review the President's Fiscal Year 2024 
Budget Request, as well as the Administration's program 
priorities within the jurisdiction of the Subcommittee, 
including permitting issues pursuant to the CWA.
    On July 13, 2023, the Subcommittee on Water Resources and 
Environment of the Committee on Transportation and 
Infrastructure held a hearing entitled, ``Review of Fiscal Year 
2024 Budget Request: Agency Perspectives (Part II).'' The 
hearing gave Members the opportunity to review the Fiscal Year 
2024 budget request, as well as the Administration's program 
priorities within the jurisdiction of the Subcommittee, 
including permitting issues pursuant to the CWA. The 
Subcommittee received testimony from the Honorable Radhika Fox, 
Assistant Administrator, Office of Water, EPA; Dr. Maria-Elena 
Giner, Commissioner, IWBC, United States Section; Mr. Louis 
Aspey Associate Chief, Natural Resources Conservation Service, 
United States Department of Agriculture; Dr. Aaron Bernstein, 
Director, Agency for Toxic Substances and Disease Registry; and 
Ms. Nicole R. LeBoeuf, Assistant Administrator, National Ocean 
Service, National Oceanic and Atmospheric Administration.
    On December 5, 2023, the Subcommittee on Water Resources 
and Environment of the Committee on Transportation and 
Infrastructure held a hearing entitled, ``Water Resources 
Development Acts: Status of Past Provisions and Future Needs.'' 
At the hearing Members received testimony from The Honorable 
Michael L. Connor, Assistant Secretary of the Army for Civil 
Works, Department of the Army and Lieutenant General Scott A. 
Spellmon, Commanding General and Chief of Engineers, United 
States Army Corps of Engineers. The hearing gave Members the 
opportunity to review past provisions in Water Resources 
Development Acts (WRDAs) and discuss needs for future WRDAs. 
Also at the hearing, Members discussed various CWA permitting 
processes, including implementation of the post-Sackett WOTUS 
rule.
    On Wednesday, January 17, 2024, the Full Committee on 
Transportation and Infrastructure held a hearing entitled, 
``The State of Transportation.'' At the hearing, Members 
received testimony from Mr. Stephen A. Edwards, CEO and 
Executive Director, Virginia Port Authority; Mr. Roger Millar, 
Secretary of Transportation, Washington State Department of 
Transportation; Mr. Jeffrey G. Tucker, CEO, Tucker Company 
Worldwide, on behalf of Transportation Intermediaries 
Association (TIA); and Ms. Lauren Benford, Controller, Reiman 
Corporation, on behalf of Associated General Contractors of 
America (AGC). The hearing provided a forum for Members to 
discuss the current state of transportation infrastructure and 
supply chain challenges, along with potential improvements that 
could be made, including streamlining permitting process to 
provide certainty and efficiency.

                 Legislative History and Consideration

    H.R. 7023, the ``Creating Confidence in Clean Water 
Permitting Act,'' was introduced in the United States House of 
Representatives on January 17, 2024, by Mr. Rouzer of North 
Carolina, and referred to the Committee on Transportation and 
Infrastructure. Within the Committee on Transportation and 
Infrastructure, H.R. 7023 was referred to the Subcommittee on 
Water Resources and Environment. The Subcommittee on Water 
Resources on Environment was discharged from further 
consideration of H.R. 7023 on January 31, 2024.
    The Committee considered H.R. 7023 on January 31, 2024, and 
ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by a recorded vote of 32 
ayes to 30 nays.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute to H.R. 7023, as 
amended, offered by Mr. Rouzer of North Carolina was AGREED TO 
by voice vote.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Graves of Louisiana (Garret Graves 
089); Page 11, after line 21, insert the following: SEC. 7. 
FEDERAL GENERAL PERMITS. Section 402(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding 
at the end the following: ``(6)(A) The Administrator is 
authorized to issue general permits under this section for 
discharges of similar types from similar sources. ``(B) The 
Administrator may require submission of a notice of intent to 
be covered under a general permit issued under this section, 
including additional information that the Administrator 
determines necessary. ``(C) If a general permit issued under 
this section will expire and the Administrator decides not to 
issue a new general permit for discharges similar to those 
covered by the expiring general permit, the Administrator shall 
publish in the Federal Register a notice of such decision at 
least two years prior to the expiration of the general permit. 
``(D) If a general permit issued under this section expires and 
the Administrator has not published a notice in accordance with 
subparagraph (C), until such time as the Administrator issues a 
new general permit for discharges similar to those covered by 
the expired general permit, the Administrator shall--``(i) 
continue to apply the terms, conditions, and requirements of 
the expired general permit to any discharge that was covered by 
the expired general permit; and ``(ii) apply such terms, 
conditions, and requirements to any discharge that would have 
been covered by the expired general permit (in accordance with 
any relevant requirements for such coverage) if the discharge 
had occurred before such expiration.''.; was AGREED TO by a 
recorded vote of 34 yeas and 27 nays (Roll Call No. 37).
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Garamendi of California (Garamendi 
164 Revision 2); Page 11, after line 21, insert the following: 
SEC. 7. PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSISTANCE. 
Section 603 of the Federal Water Pollution Control Act (33 
U.S.C. 1383) is amended--(1) in subsection (c)--(A) in 
paragraph (11)(B) by striking ``and'' at the end; (B) in 
paragraph (12)(B) by striking the period at the end and 
inserting ``; and''; and (C) by adding at the end the 
following: ``(13) to any qualified nonprofit entity, as 
determined by the Administrator, to provide assistance for the 
construction or acquisition of, or improvements to, a treatment 
works, or for any other activity described in paragraphs (1) 
through (10).''; (2) in subsection (i)(3), by adding at the end 
the following: ``(E) CERTAIN ACTIVITIES INELIGIBLE.--A State 
may not provide additional subsidization under this subsection 
to a qualified nonprofit entity for assistance described in 
subsection (c)(13) or to the owner or operator of a privately 
owned treatment works for assistance described in subsection 
(k).''; and (3) by adding at the end the following: ``(l) 
SPECIAL RULE FOR PRIVATELY OWNED TREATMENT WORKS.--``(1) IN 
GENERAL.--In any fiscal year for which the total amount 
appropriated to carry out this title exceeds $1,638,861,000, 
any such amounts appropriated in excess of $1,638,861,000 for 
such fiscal year may be used to provide financial assistance 
under this section to the owner or operator of a privately 
owned treatment works for--``(A) improvements to such privately 
owned treatment works; ``(B) the construction of, or 
improvements to, another privately owned treatment works; ``(C) 
measures to reduce the demand for privately owned treatment 
works capacity through water conservation, efficiency, or 
reuse; ``(D) measures to reduce the energy consumption needs 
for privately owned treatment works; ``(E) measures to increase 
the security of privately owned treatment works; and ``(F) any 
other activity described in paragraphs (1) through (10) of 
subsection (c). ``(2) LIMITATION.--Financial assistance may 
only be provided under this subsection to the owner or operator 
of a privately owned treatment works for activities described 
in paragraph (1) that primarily and directly benefit the 
individuals or entities served by the privately owned treatment 
works, and not the shareholders or owners of the treatment 
works, as determined by the instrumentality of the State 
responsible for administering the water pollution control 
revolving fund through which such financial assistance is 
provided.''.; was WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Huffman of California (Huffman 
076); Page 1, strike lines 2 through 3 and insert ``This Act 
may be cited as the `Dirty Water Permitting Act' ''. Page 1, 
beginning on line 4, strike ``WATER QUALITY CRITERIA 
DEVELOPMENT AND TRANSPARENCY'' and insert ``DIRTY WATER 
DEVELOPMENT''. Page 2, line 4, strike ``CONFIDENCE IN CLEAN 
WATER PERMITS'' and insert ``DIRTY WATER PERMITS''. Page 4, 
line 16, strike ``REDUCING PERMITTING UNCERTAINTY'' and insert 
``EXPANDING DIRTY WATER PERMITTING''. Page 5, line 22, strike 
``NATIONWIDE PERMITTING IMPROVEMENT'' and insert ``NATIONWIDE 
DIRTY WATER PERMITTING''. Page 9, line 3, strike ``JUDICIAL 
REVIEW TIMELINE CLARITY'' and insert ``PROMOTING THE POLLUTION 
OF OUR WATERWAYS BY RESTRICTING JUDICIAL REVIEW.''; was NOT 
AGREED TO by voice vote.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Stanton of Arizona (Stanton 040); 
Page 11, after line 21, insert the following: SEC. 7. 
DETERMINATION ON WATER SUPPLY SOURCES. This Act, including the 
amendments made by this Act, shall not take effect until the 
date on which the Administrator of the Environmental Protection 
Agency issues a determination that the implementation of this 
Act, including the amendments made by this Act, will not--(1) 
result in a surface water body failing to meet its State-
designated uses under the Federal Water Pollution Control Act, 
including use as a source of public water supply; or (2) 
adversely affect the availability and quality of surface water 
for communities in arid regions or drought-prone areas.; was 
NOT AGREED TO by a recorded vote of 30 yeas and 32 nays (Roll 
Call No. 38).
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Pappas of New Hampshire (Pappas 
097); Page 4, after line 15, insert the following (c) 
MONITORING OF EMERGING CONTAMINANTS.--Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1342) is further 
amended by adding at the end the following: ``(u) MONITORING OF 
EMERGING CONTAMINANTS.--``(1) IN GENERAL.--Any person who 
discharges a pollutant pursuant to a permit issued under this 
section shall monitor and report to the Administrator (or the 
applicable State, in the case of a permit program approved by 
the Administrator) discharges of emerging contaminants, 
including perfluoroalkyl and polyfluoroalkyl substances. ``(2) 
GRANTS AUTHORIZED.--``(A) IN GENERAL.--The Administrator may 
award grants to owners and operators of publicly owned 
treatment works to carry out the monitoring and reporting of 
emerging contaminants required under paragraph (1). ``(B) 
AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be 
appropriated to the Administrator to carry out the grant 
program authorized under this paragraph $20,000,000 for each of 
fiscal years 2024 through 2028, to remain available until 
expended.''.; was NOT AGREED TO by voice vote.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Ryan of New York (Ryan 054); Page 
11, after line 21, insert the following: SEC. 7. DETERMINATION 
ON INCREASE IN DISCHARGES. This Act, including the amendments 
made by this Act, shall not take effect until the date on which 
the Administrator of the Environmental Protection Agency issues 
a determination that the implementation of this Act, including 
the amendments made by this Act, will not result in an increase 
in the discharge of pollutants (within the meaning of the 
Federal Water Pollution Control Act), including an increase in 
the discharge of--(1) any emerging contaminant or forever 
chemical, as determined by the Administrator, such as a 
perfluoroalkyl substance or polyfluoroalkyl substance; or (2) 
any nutrient, including those associated with excessive algae 
growth and harmful algal blooms.; was NOT AGREED TO by a 
recorded vote of 30 yeas and 32 nays (Roll Call No. 39).
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Graves of Louisiana (Garret Graves 
090); After line 10 on page 10, insert the following: (2) 
LIMITATION ON COMMENCEMENT OF ACTION.--Notwithstanding any 
other provision of law, no action described in paragraph (1)(A) 
may be commenced unless the action--(A) is filed by a party 
that submitted a comment, during the public comment period for 
the administrative proceedings related to the applicable action 
described in such paragraph, which comment was sufficiently 
detailed to put the Secretary or the State, as applicable, on 
notice of the issue upon which the party seeks judicial review; 
and (B) is related to such comment.''; was AGREED TO by a 
recorded vote of 33 yeas and 29 nays (Roll Call No. 40).
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Garamendi of California (Garamendi 
165); Page 11, after line 21, insert the following: SEC. 7. 
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) TERMS. 
(a) IN GENERAL.--Section 402(b)(1)(B) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended to 
read as follows: ``(B) are for fixed terms--(i) not exceeding 
10 years, for a permit issued to a State or municipality; and 
(ii) not exceeding 5 years, for a permit issued to any person 
not described in clause (i); and''. (b) TECHNICAL 
CORRECTIONS.--Section 402(l)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1342(l)(3)) is amended--(1) in 
subparagraph (B)--(A) by striking ``section 402'' and inserting 
``this section''; and (B) by striking ``federal'' and inserting 
``Federal''; and (2) in subparagraph (C)--(A) by striking 
``Section'' and inserting ``section''; (B) by striking 
``402(p)(6)'' and inserting ``subsection (p)(6)''; (C) by 
striking ``402(l)(3)(A),'' and inserting ``subparagraph (A),''; 
and (D) by striking ``402(l)(3)(A).'' and inserting ``such 
subparagraph.''; was WITHDRAWN.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Graves of Louisiana (Garret Graves 
092 Revision 1); Page 11, after line 21, insert the following: 
SEC. 7. IMPLEMENTATION GUIDANCE. (a) IN GENERAL.--Not later 
than 30 days after the date of enactment of this Act, the 
Administrator of the Environmental Protection Agency and the 
Secretary of the Army, acting through the Chief of Engineers, 
shall begin a process to issue guidance on the implementation 
of the final rule published on September 8, 2023 by the 
Department of the Army, Corps of Engineers, Department of 
Defense, and the Environmental Protection Agency and titled 
``Revised Definition of `Waters of the United States'; 
Conforming'' (88 Fed. Reg. 61964). (b) PUBLIC COMMENT.--In 
issuing the guidance required under subsection (a), the 
Administrator and the Secretary shall--(1) prior to such 
issuance, solicit comments from the public on such guidance; 
and (2) ensure that such comments and any responses to such 
comments are made publicly available. (c) COMPLIANCE.--Any 
guidance issued pursuant to this section shall comply with the 
decision of the Supreme Court in Sackett v. EPA, 598 U.S. 651 
(2023).; was AGREED TO by voice vote.
    An Amendment to the Amendment in the Nature of a Substitute 
to H.R. 7023, offered by Mr. Graves of Louisiana (Garret Graves 
091); Page 6, line 21, insert after ``section'' the following: 
``and provided that this authorization will not apply to any 
project that would benefit from financial incentives made 
available through any Act that would cost more than the score 
estimated by the Congressional Budget Office estimate for 
Public Law 117-169 (commonly known as the Inflation Reduction 
Act)''.; was WITHDRAWN.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against.

Committee on Transportation and Infrastructure Roll Call Vote No. 037

    On: agreeing to Amendment No. 089, an Amendment to the 
Amendment in the Nature of a Substitute to H.R. 7023, offered 
by Mr. Graves of Louisiana
    Agreed to: 34 yeas and 27 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................            Y   Mr. Larsen of WA..................            N
Mr. Crawford....................................            Y   Ms. Norton........................            N
Mr. Webster of FL...............................            Y   Mrs. Napolitano...................            N
Mr. Massie......................................            Y   Mr. Cohen.........................            N
Mr. Perry.......................................            Y   Mr. Garamendi.....................            Y
Mr. Babin.......................................  ............  Mr. Johnson of GA.................            N
Mr. Graves of LA................................            Y   Mr. Carson........................            N
Mr. Rouzer......................................            Y   Ms. Titus.........................            N
Mr. Bost........................................            Y   Mr. Huffman.......................            N
Mr. LaMalfa.....................................            Y   Ms. Brownley......................            N
Mr. Westerman...................................            Y   Ms. Wilson of FL..................  ............
Mr. Mast........................................            Y   Mr. Payne.........................            N
Mrs. Gonzalez-Colon.............................  ............  Mr. DeSaulnier....................            N
Mr. Stauber.....................................            Y   Mr. Carbajal......................            N
Mr. Burchett....................................            Y   Mr. Stanton.......................            N
Mr. Johnson of SD...............................            Y   Mr. Allred........................            N
Mr. Van Drew....................................            Y   Ms. Davids of KS..................            N
Mr. Nehls.......................................            Y   Mr. Garcia of IL..................            N
Mr. Mann........................................            Y   Mr. Pappas........................            N
Mr. Owens.......................................            Y   Mr. Moulton.......................            N
Mr. Yakym.......................................            Y   Mr. Auchincloss...................            N
Mrs. Chavez-DeRemer.............................            Y   Ms. Strickland....................            N
Mr. Kean of NJ..................................            Y   Mr. Carter of LA..................            N
Mr. D'Esposito..................................            Y   Mr. Ryan..........................            N
Mr. Burlison....................................            Y   Mrs. Peltola......................            Y
Mr. James.......................................            Y   Mr. Menendez......................            N
Mr. Van Orden...................................            Y   Ms. Hoyle of OR...................            N
Mr. Williams of NY..............................            Y   Mrs. Sykes........................            N
Mr. Molinaro....................................            Y   Ms. Scholten......................            N
Mr. Collins.....................................            Y   Mrs. Foushee......................            N
Mr. Ezell.......................................            Y
Mr. Duarte......................................            Y
Mr. Bean of FL..................................            Y
Ms. Maloy.......................................            Y
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 038

    On: agreeing to Amendment No. 040, an Amendment to the 
Amendment in the Nature of a Substitute to H.R. 7023, offered 
by Mr. Stanton
    Not Agreed to: 30 yeas and 32 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................            N   Mr. Larsen of WA..................            Y
Mr. Crawford....................................            N   Ms. Norton........................            Y
Mr. Webster of FL...............................            N   Mrs. Napolitano...................            Y
Mr. Massie......................................            N   Mr. Cohen.........................            Y
Mr. Perry.......................................            N   Mr. Garamendi.....................            Y
Mr. Babin.......................................  ............  Mr. Johnson of GA.................            Y
Mr. Graves of LA................................            N   Mr. Carson........................            Y
Mr. Rouzer......................................            N   Ms. Titus.........................            Y
Mr. Bost........................................            N   Mr. Huffman.......................            Y
Mr. LaMalfa.....................................            N   Ms. Brownley......................            Y
Mr. Westerman...................................            N   Ms. Wilson of FL..................            Y
Mr. Mast........................................            N   Mr. Payne.........................            Y
Mrs. Gonzalez-Colon.............................  ............  Mr. DeSaulnier....................            Y
Mr. Stauber.....................................            N   Mr. Carbajal......................            Y
Mr. Burchett....................................            N   Mr. Stanton.......................            Y
Mr. Johnson of SD...............................            N   Mr. Allred........................            Y
Mr. Van Drew....................................            N   Ms. Davids of KS..................            Y
Mr. Nehls.......................................            N   Mr. Garcia of IL..................            Y
Mr. Mann........................................            N   Mr. Pappas........................            Y
Mr. Owens.......................................            N   Mr. Moulton.......................            Y
Mr. Yakym.......................................            N   Mr. Auchincloss...................            Y
Mrs. Chavez-DeRemer.............................            N   Ms. Strickland....................            Y
Mr. Kean of NJ..................................            N   Mr. Carter of LA..................            Y
Mr. D'Esposito..................................            N   Mr. Ryan..........................            Y
Mr. Burlison....................................            N   Mrs. Peltola......................            Y
Mr. James.......................................            N   Mr. Menendez......................            Y
Mr. Van Orden...................................            N   Ms. Hoyle of OR...................            Y
Mr. Williams of NY..............................            N   Mrs. Sykes........................            Y
Mr. Molinaro....................................            N   Ms. Scholten......................            Y
Mr. Collins.....................................            N   Mrs. Foushee......................            Y
Mr. Ezell.......................................            N
Mr. Duarte......................................            N
Mr. Bean of FL..................................            N
Ms. Maloy.......................................            N
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 039

    On: agreeing to Amendment No. 054, an Amendment to the 
Amendment in the Nature of a Substitute to H.R. 7023, offered 
by Mr. Ryan
    Not Agreed to: 30 yeas and 32 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................            N   Mr. Larsen of WA..................            Y
Mr. Crawford....................................            N   Ms. Norton........................            Y
Mr. Webster of FL...............................            N   Mrs. Napolitano...................            Y
Mr. Massie......................................            N   Mr. Cohen.........................            Y
Mr. Perry.......................................            N   Mr. Garamendi.....................            Y
Mr. Babin.......................................  ............  Mr. Johnson of GA.................            Y
Mr. Graves of LA................................            N   Mr. Carson........................            Y
Mr. Rouzer......................................            N   Ms. Titus.........................            Y
Mr. Bost........................................            N   Mr. Huffman.......................            Y
Mr. LaMalfa.....................................            N   Ms. Brownley......................            Y
Mr. Westerman...................................            N   Ms. Wilson of FL..................            Y
Mr. Mast........................................            N   Mr. Payne.........................            Y
Mrs. Gonzalez-Colon.............................  ............  Mr. DeSaulnier....................            Y
Mr. Stauber.....................................            N   Mr. Carbajal......................            Y
Mr. Burchett....................................            N   Mr. Stanton.......................            Y
Mr. Johnson of SD...............................            N   Mr. Allred........................            Y
Mr. Van Drew....................................            N   Ms. Davids of KS..................            Y
Mr. Nehls.......................................            N   Mr. Garcia of IL..................            Y
Mr. Mann........................................            N   Mr. Pappas........................            Y
Mr. Owens.......................................            N   Mr. Moulton.......................            Y
Mr. Yakym.......................................            N   Mr. Auchincloss...................            Y
Mrs. Chavez-DeRemer.............................            N   Ms. Strickland....................            Y
Mr. Kean of NJ..................................            N   Mr. Carter of LA..................            Y
Mr. D'Esposito..................................            N   Mr. Ryan..........................            Y
Mr. Burlison....................................            N   Mrs. Peltola......................            Y
Mr. James.......................................            N   Mr. Menendez......................            Y
Mr. Van Orden...................................            N   Ms. Hoyle of OR...................            Y
Mr. Williams of NY..............................            N   Mrs. Sykes........................            Y
Mr. Molinaro....................................            N   Ms. Scholten......................            Y
Mr. Collins.....................................            N   Mrs. Foushee......................            Y
Mr. Ezell.......................................            N
Mr. Duarte......................................            N
Mr. Bean of FL..................................            N
Ms. Maloy.......................................            N
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 040

    On: agreeing to Amendment No. 090, an Amendment to the 
Amendment in the Nature of a Substitute to H.R. 7023, offered 
by Mr. Graves of Louisiana
    Agreed to: 33 yeas and 29 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................            Y   Mr. Larsen of WA..................            N
Mr. Crawford....................................            Y   Ms. Norton........................            N
Mr. Webster of FL...............................            Y   Mrs. Napolitano...................            N
Mr. Massie......................................            Y   Mr. Cohen.........................            N
Mr. Perry.......................................            Y   Mr. Garamendi.....................            N
Mr. Babin.......................................  ............  Mr. Johnson of GA.................            N
Mr. Graves of LA................................            Y   Mr. Carson........................            N
Mr. Rouzer......................................            Y   Ms. Titus.........................            N
Mr. Bost........................................            Y   Mr. Huffman.......................            N
Mr. LaMalfa.....................................            Y   Ms. Brownley......................            N
Mr. Westerman...................................            Y   Ms. Wilson of FL..................            N
Mr. Mast........................................            Y   Mr. Payne.........................            N
Mrs. Gonzalez-Colon.............................  ............  Mr. DeSaulnier....................            N
Mr. Stauber.....................................            Y   Mr. Carbajal......................            N
Mr. Burchett....................................            Y   Mr. Stanton.......................            N
Mr. Johnson of SD...............................            Y   Mr. Allred........................            N
Mr. Van Drew....................................            Y   Ms. Davids of KS..................            N
Mr. Nehls.......................................            Y   Mr. Garcia of IL..................            N
Mr. Mann........................................            Y   Mr. Pappas........................            N
Mr. Owens.......................................            Y   Mr. Moulton.......................            N
Mr. Yakym.......................................            Y   Mr. Auchincloss...................            N
Mrs. Chavez-DeRemer.............................            Y   Ms. Strickland....................            N
Mr. Kean of NJ..................................            Y   Mr. Carter of LA..................            N
Mr. D'Esposito..................................            Y   Mr. Ryan..........................            N
Mr. Burlison....................................            Y   Mrs. Peltola......................            Y
Mr. James.......................................            Y   Mr. Menendez......................            N
Mr. Van Orden...................................            Y   Ms. Hoyle of OR...................            N
Mr. Williams of NY..............................            Y   Mrs. Sykes........................            N
Mr. Molinaro....................................            Y   Ms. Scholten......................            N
Mr. Collins.....................................            Y   Mrs. Foushee......................            N
Mr. Ezell.......................................            Y
Mr. Duarte......................................            Y
Mr. Bean of FL..................................            Y
Ms. Maloy.......................................            Y
----------------------------------------------------------------------------------------------------------------

Committee on Transportation and Infrastructure Roll Call Vote No. 041

    On: agreeing to Final Passage, H.R. 7023, as amended
    Agreed to: 32 yeas and 30 nays

----------------------------------------------------------------------------------------------------------------
                     Member                           Vote                    Member                    Vote
----------------------------------------------------------------------------------------------------------------
Mr. Graves of MO................................            Y   Mr. Larsen of WA..................            N
Mr. Crawford....................................            Y   Ms. Norton........................            N
Mr. Webster of FL...............................            Y   Mrs. Napolitano...................            N
Mr. Massie......................................            Y   Mr. Cohen.........................            N
Mr. Perry.......................................            Y   Mr. Garamendi.....................            N
Mr. Babin.......................................  ............  Mr. Johnson of GA.................            N
Mr. Graves of LA................................            Y   Mr. Carson........................            N
Mr. Rouzer......................................            Y   Ms. Titus.........................            N
Mr. Bost........................................            Y   Mr. Huffman.......................            N
Mr. LaMalfa.....................................            Y   Ms. Brownley......................            N
Mr. Westerman...................................            Y   Ms. Wilson of FL..................            N
Mr. Mast........................................            Y   Mr. Payne.........................            N
Mrs. Gonzalez-Colon.............................  ............  Mr. DeSaulnier....................            N
Mr. Stauber.....................................            Y   Mr. Carbajal......................            N
Mr. Burchett....................................            Y   Mr. Stanton.......................            N
Mr. Johnson of SD...............................            Y   Mr. Allred........................            N
Mr. Van Drew....................................            Y   Ms. Davids of KS..................            N
Mr. Nehls.......................................            Y   Mr. Garcia of IL..................            N
Mr. Mann........................................            Y   Mr. Pappas........................            N
Mr. Owens.......................................            Y   Mr. Moulton.......................            N
Mr. Yakym.......................................            Y   Mr. Auchincloss...................            N
Mrs. Chavez-DeRemer.............................            Y   Ms. Strickland....................            N
Mr. Kean of NJ..................................            Y   Mr. Carter of LA..................            N
Mr. D'Esposito..................................            Y   Mr. Ryan..........................            N
Mr. Burlison....................................            Y   Mrs. Peltola......................            N
Mr. James.......................................            Y   Mr. Menendez......................            N
Mr. Van Orden...................................            Y   Ms. Hoyle of OR...................            N
Mr. Williams of NY..............................            Y   Mrs. Sykes........................            N
Mr. Molinaro....................................            Y   Ms. Scholten......................            N
Mr. Collins.....................................            Y   Mrs. Foushee......................            N
Mr. Ezell.......................................            Y
Mr. Duarte......................................            Y
Mr. Bean of FL..................................            Y
Ms. Maloy.......................................            Y
----------------------------------------------------------------------------------------------------------------

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               New Budget Authority and Tax Expenditures

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but has not received a cost estimate for this bill from the 
Director of Congressional Budget Office. The Committee has also 
requested but not received from the Director of the 
Congressional Budget Office a statement as to whether this bill 
contains any new budget authority, spending authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974 when available the Committee 
will adopt as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(d)(1) of House rule XIII, when 
available the Committee will adopt as its own the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

                    Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
provide is to provide regulatory and judicial certainty for 
regulated entities and communities, increase transparency, and 
promote water quality, and for other purposes.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7023, as amended, establishes or reauthorizes a program 
of the Federal government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9 of rule XXI of the Rules of the 
House of Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       Federal Mandates Statement

    When available the Committee will adopt as its own the 
estimate of Federal mandates prepared by the Director of the 
Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee finds that H.R. 7023, as amended, 
does not preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the definition of Section 
5(b) of the appendix to Title 5, United States Code, are 
created by this legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section designates the short title of the bill as the 
``Creating Confidence in Clean Water Permitting Act''.

Section 2. Water quality criteria development and transparency

    This section requires that the new development or revision 
of water quality criteria by the EPA for use under the NPDES 
program is considered a rulemaking. It also ensures that this 
rulemaking is subject to judicial review consistent with other 
CWA rulemaking procedures.

Section 3. Federal general permits

    This section codifies the practice of issuing general 
permits under the NPDES program and allows for a requirement of 
submission of notice of intent to be covered under a general 
permit.
    Additionally, with respect to expiration of a NPDES general 
permit, this section (1) requires written notice two years 
prior to the expiration of a general permit that the EPA 
Administrator intends not to issue a new general permit, or (2) 
requires that if a general permit expires without two years 
notice, discharges that were or would have been covered by the 
expired permit shall continue to apply until a new permit is 
issued.

Section 4. Confidence in Clean Water Permits

    This section amends section 402 to provide statutory 
compliance for permit holders and requires additional details 
for permit writers to use when writing NPDES permits.
    Subsection (a) codifies that permittees are shielded from 
liability under lawful NPDES permits for (1) a pollutant for 
which an effluent limitation is included in a permit; (2) a 
pollutant for which an effluent limitation is not included in a 
permit, but is specifically identified as controlled or 
monitored or specifically identified as present in discharges; 
or (3) a pollutant which may or may not be specifically 
identified, but which are constituents of waste streams, 
processes, or operations or processes specifically identified 
during the permit application process.
    Subsection (a) does not affect the EPA's requirement to 
modify existing permits when new substances are deemed 
hazardous or if there are errors or malfeasance during the 
permit application process.
    Subsection (b) directs EPA or approved-State permit writers 
to include specific limitations in a permit for potential water 
quality based effluent limitations of the permittee.

Section 5. Reducing permitting uncertainty

    This section requires that any EPA CWA Section 404(c) veto 
of a dredge and fill permit take place in the time beginning 
``on the date on which the applicant submits all the 
information required to complete an application for a permit'' 
and ending ``on the date on which the Secretary issues the 
permit.''

Section 6. Nationwide Permitting improvement

    Subsection (a) modifies the requirements for the issuance 
of Nationwide Permits (NWPs) for general dredge and fill 
operations governed by Section 404 of the CWA. This subsection 
extends the period of reissuance for NWPs to ten years, 
clarifies the scope of ``environmental effects'' of activities 
undertaken pursuant to a NWPs, requires the Secretary to 
maintain general permits for linear projects with minimal 
acreage impacts, codifies the definition of a linear project, 
and codifies the Corps' current practice of utilizing an 
environmental assessment for National Environmental Policy Act 
(NEPA) and would exclude rulemaking to reissue nationwide 
permits from the consultation requirements of section 7(a)(2) 
the Endangered Species Act (ESA).
    Subsection (b) requires the Secretary of the Army to 
maintain the Corps' current definitions related to single and 
complete projects in administering linear NWPs.

Section 7. Judicial review timeline clarity

    This section sets a 60-day limit on filing lawsuits for 
Section 404 dredge and fill permit decisions and ensures that 
only parties who submitted comments during the permit 
application's public comment period may file a lawsuit.
    This section also requires that if a court rules the 
Secretary of the Army or a state did not comply with the 
underlying statute in issuing a dredge and fill permit, with 
exceptions for certain cases, the court shall remand the 
decision to the agency to resolve any noncompliance, as opposed 
to ordering a full stop. In such a case, the court must set and 
enforce a reasonable schedule and deadline for the Secretary of 
the Army or a state to take court-ordered action. Generally, 
the court must provide a timeline that does not exceed 180 
days, unless otherwise required by law.

Section 8. Implementation Guidance

    This section requires the EPA and the Corps, not more than 
30 days after the date of enactment, to begin a process to 
receive public comment on implementation guidance on the final 
rule published in the Federal Register on September 8, 2023, 
titled, ``Revised Definition of `Waters of the United States'; 
Conforming''.
    This section also requires that such implementation 
guidance comply with the United States Supreme Court's decision 
in Sackett v. EPA, 598 U.S. 651 (2023).

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                  FEDERAL WATER POLLUTION CONTROL ACT




           *       *       *       *       *       *       *
TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *



                       information and guidelines

  Sec. 304. (a)(1) The Administrator, after consultation with 
appropriate Federal and State agencies and other interested 
persons, shall develop and publish, within one year after the 
date of enactment of this title (and from time to time 
thereafter revise) criteria for water quality accurately 
reflecting the latest scientific knowledge (A) on the kind and 
extent of all identifiable effects on health and welfare 
including, but not limited to, plankton, fish, shellfish, 
wildlife, plant life, shorelines, beaches, esthetics, and 
recreation which may be expected from the presence of 
pollutants in any body of water, including ground water; (B) on 
the concentration and dispersal of pollutants, or their 
byproducts, through biological, physical, and chemical 
processes; and (C) on the effects of pollutants on biological 
community diversity, productivity, and stability, including 
information on the factors affecting rates of eutrophication 
and rates of organic and inorganic sedimentation for varying 
types of receiving waters.
  (2) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
develop and publish, within one year after the date of 
enactment of this title (and from time to time thereafter 
revise) information (A) on the factors necessary to restore and 
maintain the chemical, physical, and biological integrity of 
all navigable waters, ground waters, waters of the contiguous 
zone, and the oceans; (B) on the factors necessary for the 
protection and propagation of shellfish, fish, and wildlife for 
classes and categories of receiving waters and to allow 
recreational activities in and on the water; and (C) on the 
measurement and classification of water quality; and (D) for 
the purpose of section 303, on and the identification of 
pollutants suitable for maximum daily load measurement 
correlated with the achievement of water quality objectives.
  (3) Such criteria and information and revisions thereof shall 
be issued to the States and shall be published in the Federal 
Register and otherwise made available to the public.
  (4) The Administrator shall, within 90 days after the date of 
enactment of the Clean Water Act of 1977 and from time to time 
thereafter, publish and revise as appropriate information 
identifying conventional pollutants, including but not limited 
to, pollutants classified as biological oxygen demanding, 
suspended solids, fecal coliform, and pH. The thermal component 
of any discharge shall not be identified as a conventional 
pollutant under this paragraph.
  (5)(A) The Administrator, to the extent practicable before 
consideration of any request under section 301(g) of this Act 
and within six months after the date of enactment of the Clean 
Water Act of 1977, shall develop and publish information on the 
factors necessary for the protection of public water supplies, 
and the protection and propagation of a balanced population of 
shellfish, fish and wildlife, and to allow recreational 
activities, in and on the water.
  (B) The Administrator, to the extent practicable before 
consideration of any application under section 301(h) of this 
Act and within six months after the date of enactment of Clean 
Water Act of 1977, shall develop and publish information on the 
factors necessary for the protection of public water supplies, 
and the protection and propagation of a balanced indigenous 
population of shellfish, fish and wildlife, and to allow 
recreational activities, in and on the water.
  (6) The Administrator shall, within three months after 
enactment of the Clean Water Act of 1977 and annually 
thereafter, for purposes of section 301(h) of this Act publish 
and revise as appropriate information identifying each water 
quality standard in effect under this Act or State law, the 
specific pollutants associated with such water quality 
standard, and the particular waters to which such water quality 
standard applies.
          (7) Guidance to states.--The Administrator, after 
        consultation with appropriate State agencies and on the 
        basis of criteria and information published under 
        paragraphs (1) and (2) of this subsection, shall 
        develop and publish, within 9 months after the date of 
        the enactment of the Water Quality Act of 1987, 
        guidance to the States on performing the identification 
        required by section 304(l)(1) of this Act.
          (8) Information on water quality criteria.--The 
        Administrator, after consultation with appropriate 
        State agencies and within 2 years after the date of the 
        enactment of the Water Quality Act of 1987, shall 
        develop and publish information on methods for 
        establishing and measuring water quality criteria for 
        toxic pollutants on other bases than pollutant-by-
        pollutant criteria, including biological monitoring and 
        assessment methods.
          (9) Revised criteria for coastal recreation waters.--
                  (A) In general.--Not later than 5 years after 
                the date of the enactment of this paragraph, 
                after consultation and in cooperation with 
                appropriate Federal, State, tribal, and local 
                officials (including local health officials), 
                the Administrator shall publish new or revised 
                water quality criteria for pathogens and 
                pathogen indicators (including a revised list 
                of testing methods, as appropriate), based on 
                the results of the studies conducted under 
                section 104(v), for the purpose of protecting 
                human health in coastal recreation waters.
                  (B) Reviews.--Not later than the date that is 
                5 years after the date of publication of water 
                quality criteria under this paragraph, and at 
                least once every 5 years thereafter, the 
                Administrator shall review and, as necessary, 
                revise the water quality criteria.
          (10) Administrative procedure.--After the date of 
        enactment of this paragraph, the Administrator shall 
        issue any new or revised water quality criteria under 
        paragraph (1) or (9) by rule.
  (b) For the purpose of adopting or revising effluent 
limitations under this Act the Administrator shall, after 
consultation with appropriate Federal and State agencies and 
other interested persons, publish within one year of enactment 
of this title, regulations, providing guidelines for effluent 
limitations, and, at least annually thereafter, revise, if 
appropriate, such regulations. Such regulations shall--
          (1)(A) identify, in terms of amounts of constituents 
        and chemical, physical, and biological characteristics 
        of pollutants, the degree of effluent reduction 
        attainable through the application of the best 
        practicable control technology currently available for 
        classes and categories of point sources (other than 
        publicly owned treatment works); and
          (B) specify factors to be taken into account in 
        determining the control measures and practices to be 
        applicable to point sources (other than publicly owned 
        treatment works) within such categories or classes. 
        Factors relating to the assessment of best practical 
        control technology currently available to comply with 
        subsection (b)(1) of section 301 of this Act shall 
        include consideration of the total cost of application 
        of technology in relation to the effluent reduction 
        benefits to be achieved from such application, and 
        shall also take into account the age of equipment and 
        facilities involved, the process employed, the 
        engineering aspects of the application of various types 
        of control techniques, process changes, non-water 
        quality environmental impact (including energy 
        requirements), and such other factors as the 
        Administrator deems appropriate;
          (2)(A) identify, in terms of amounts of constituents 
        and chemical, physical, and biological characteristics 
        of pollutants, the degree of effluent reduction 
        attainable through the application of the best control 
        measures and practices achievable including treatment 
        techniques, process and procedure innovations, 
        operating methods, and other alternatives for classes 
        and categories of point sources (other than publicly 
        owned treatment works); and
          (B) specify factors to be taken into account in 
        determining the best measures and practices available 
        to comply with subsection (b)(2) of section 301 of this 
        Act to be applicable to any point source (other than 
        publicly owned treatment works) within such categories 
        or classes. Factors relating to the assessment of best 
        available technology shall take into account the age of 
        equipment and facilities involved, the process 
        employed, the engineering aspects of the application of 
        various types of control techniques, process changes, 
        the cost of achieving such effluent reduction, non-
        water quality environmental impact (including energy 
        requirements), and such other factors as the 
        Administrator deems appropriate;
          (3) identify control measures and practices available 
        to eliminate the discharge of pollutants from 
        categories and classes of point sources, taking into 
        account the cost of achieving such elimination of the 
        discharge of pollutants; and
          (4)(A) identify, in terms of amounts of constituents 
        and chemical, physical, and biological characteristics 
        of pollutants, the degree of effluent reduction 
        attainable through the application of the best 
        conventional pollutant control technology (including 
        measures and practices) for classes and categories of 
        point sources (other than publicly owned treatment 
        works); and
          (B) specify factors to be taken into account in 
        determining the best conventional pollutant control 
        technology measures and practices to comply with 
        section 301(b)(2)(E) of this Act to be applicable to 
        any point source (other than publicly owned treatment 
        works) within such categories or classes. Factors 
        relating to the assessment of best conventional 
        pollutant control technology (including measures and 
        practices) shall include consideration of the 
        reasonableness of the relationship between the costs of 
        attaining a reduction in effluents and the effluent 
        reduction benefits derived, and the comparison of the 
        cost and level of reduction of such pollutants from the 
        discharge from publicly owned treatment works to the 
        cost and level of reduction of such pollutants from a 
        class or category of industrial sources, and shall take 
        into account the age of equipment and facilities 
        involved, the process employed, the engineering aspects 
        of the application of various types of control 
        techniques, process changes, non-water quality 
        environmental impact (including energy requirements), 
        and such other factors as the Administrator deems 
        appropriate.
  (c) The Administrator, after consultation, with appropriate 
Federal and State agencies and other interested persons, shall 
issue to the States and appropriate water pollution control 
agencies within 270 days after enactment of this title (and 
from time to time thereafter) information on the processes, 
procedures, or operating methods which result in the 
elimination or reduction of the discharge of pollutants to 
implement standards of performance under section 306 of this 
Act. Such information shall include technical and other data, 
including costs, as are available on alternative methods of 
elimination or reduction of the discharge of pollutants. Such 
information, and revisions thereof, shall be published in the 
Federal Register and otherwise shall be made available to the 
public.
  (d)(1) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
publish within sixty days after enactment of this title (and 
from time to time thereafter) information, in terms of amounts 
of constituents and chemical, physical, and biological 
characteristics of pollutants, on the degree of effluent 
reduction attainable through the application of secondary 
treatment.
  (2) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
publish within nine months after the date of enactment of this 
title (and from time to time thereafter) information on 
alternative waste treatment management techniques and systems 
available to implement section 201 of this Act.
  (3) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
promulgate within one hundred and eighty days after the date of 
enactment of this subsection guidelines for identifying and 
evaluating innovative and alternative wastewater treatment 
processes and techniques referred to in section 201(g)(5) of 
this Act.
  (4) For the purposes of this subsection, such biological 
treatment facilities as oxidation ponds, lagoons, and ditches 
and trickling filters shall be deemed the equivalent of 
secondary treatment. The Administrator shall provide guidance 
under paragraph (1) of this subsection on design criteria for 
such facilities, taking into account pollutant removal 
efficiencies and, consistent with the objective of the Act, 
assuring that water quality will not be adversely affected by 
deeming such facilities as the equivalent of secondary 
treatment.
  (e) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, may 
publish regulations, supplemental to any effluent limitations 
specified under subsections (b) and (c) of this section for a 
class or category of point sources, for any specific pollutant 
which the Administrator is charged with a duty to regulate as a 
toxic or hazardous pollutant under section 307(a)(1) or 311 of 
this Act, to control plant site runoff, spillage or leaks, 
sludge or waste disposal, and drainage from raw material 
storage which the Administrator determines are associated with 
or ancillary to the industrial manufacturing or treatment 
process within such class or category of point sources and may 
contribute significant amounts of such pollutants, to navigable 
waters. Any applicable controls established under this 
subsection shall be included as a requirement for the purposes 
of section 301, 302, 306, 307, or 403, as the case may be, in 
any permit issued to a point source pursuant to section 402 of 
this Act.
  (f) The Administrator, after consultation with appropriate 
Federal and State agencies and other interested persons, shall 
issue to appropriate Federal agencies, the States, water 
pollution control agencies, and agencies designated under 
section 208 of this Act, within one year after the effective 
date of this subsection (and from time to time thereafter) 
information including (1) guidelines for identifying and 
evaluating the nature and extent of nonpoint sources of 
pollutants, and (2) processes, procedures, and methods to 
control pollution resulting from--
          
          (A) agricultural and silvicultural activities, 
        including runoff from fields and crop and forest lands;
          (B) mining activities, including runoff and siltation 
        from new, currently operating, and abandoned surface 
        and underground mines;
          (C) all construction activity, including runoff from 
        the facilities resulting from such construction;
          (D) the disposal of pollutants in wells or in 
        subsurface excavations;
          (E) salt water intrusion resulting from reductions of 
        fresh water flow from any cause, including extraction 
        of ground water, irrigation, obstruction, and 
        diversion; and
          (F) changes in the movement, flow, or circulation of 
        any navigable waters or ground waters, including 
        changes caused by the construction of dams, levees, 
        channels, causeways, or flow diversion facilities.
Such information and revisions thereof shall be published in 
the Federal Register and otherwise made available to the 
public.
  (g)(1) For the purpose of assisting States in carrying out 
programs under section 402 of this Act, the Administrator shall 
publish, within one hundred and twenty days after the date of 
enactment of this title, and review at least annually 
thereafter and, if appropriate, revise guidelines for 
pretreatment of pollutants which he determines are not 
susceptible to treatment by publicly owned treatment works. 
Guidelines under this subsection shall be established to 
control and prevent the discharge into the navigable waters, 
the contiguous zone, or the ocean (either directly or through 
publicly owned treatment works) of any pollutant which 
interferes with, passes through, or otherwise is incompatible 
with such works.
  (2) When publishing guidelines under this subsection, the 
Administrator shall designate the category or categories of 
treatment works to which the guidelines shall apply.
  (h) The Administrator shall, within one hundred and eighty 
days from the date of enactment of this title, promulgate 
guidelines establishing test procedures for the analysis of 
pollutants that shall include the factors which must be 
provided in any certification pursuant to section 401 of this 
Act or permit application pursuant to section 402 of this Act.
  (i) The Administrator shall (1) within sixty days after the 
enactment of this title promulgate guidelines for the purpose 
of establishing uniform application forms and other minimum 
requirements for the acquisition of information from owners and 
operators of point-sources of discharge subject to any State 
program under section 402 of this Act, and (2) within sixty 
days from the date of enactment of this title promulgate 
guidelines establishing the minimum procedural and other 
elements of any State program under section 402 of this Act 
which shall include:
          
          (A) monitoring requirements;
          (B) reporting requirements (including procedures to 
        make information available to the public);
          (C) enforcement provisions; and
          (D) funding, personnel qualifications, and manpower 
        requirements (including a requirement that no board or 
        body which approves permit applications or portions 
        thereof shall include, as a member, any person who 
        receives, or has during the previous two years 
        received, a significant portion of his income directly 
        or indirectly from permit holders or applicants for a 
        permit).
  (j) Lake Restoration Guidance Manual.--The Administrator 
shall, within 1 year after the date of the enactment of the 
Water Quality Act of 1987 and biennially thereafter, publish 
and disseminate a lake restoration guidance manual describing 
methods, procedures, and processes to guide State and local 
efforts to improve, restore, and enhance water quality in the 
Nation's publicly owned lakes.
  (k)(1) The Administrator shall enter into agreements with the 
Secretary of Agriculture, the Secretary of the Army, and the 
Secretary of the Interior, and the heads of such other 
departments, agencies, and instrumentalities of the United 
States as the Administrator determines, to provide for the 
maximum utilization of other Federal laws and programs for the 
purpose of achieving and maintaining water quality through 
appropriate implementation of plans approved under section 208 
of this Act and nonpoint source pollution management programs 
approved under section 319 of this Act.
  (2) The Administrator is authorized to transfer to the 
Secretary of Agriculture, the Secretary of the Army, and the 
Secretary of the Interior and the heads of such other 
departments, agencies, and instrumentalities of the United 
States as the Administrator determines, any funds appropriated 
under paragraph (3) of this subsection to supplement funds 
otherwise appropriated to programs authorized pursuant to any 
agreement under paragraph (1).
  (3) There is authorized to be appropriated to carry out the 
provisions of this subsection, $100,000,000 per fiscal year for 
the fiscal years 1979 through 1983 and such sums as may be 
necessary for fiscal years 1984 through 1990.
  (l) Individual Control Strategies for Toxic Pollutants.--
          (1) State list of navigable waters and development of 
        strategies.--Not later than 2 years after the date of 
        the enactment of this subsection, each State shall 
        submit to the Administrator for review, approval, and 
        implementation under this subsection--
                  (A) a list of those waters within the State 
                which after the application of effluent 
                limitations required under section 301(b)(2) of 
                this Act cannot reasonably be anticipated to 
                attain or maintain (i) water quality standards 
                for such waters reviewed, revised, or adopted 
                in accordance with section 303(c)(2)(B) of this 
                Act, due to toxic pollutants, or (ii) that 
                water quality which shall assure protection of 
                public health, public water supplies, 
                agricultural and industrial uses, and the 
                protection and propagation of a balanced 
                population of shellfish, fish and wildlife, and 
                allow recreational activities in and on the 
                water;
                  (B) a list of all navigable waters in such 
                State for which the State does not expect the 
                applicable standard under section 303 of this 
                Act will be achieved after the requirements of 
                sections 301(b), 306, and 307(b) are met, due 
                entirely or substantially to discharges from 
                point sources of any toxic pollutants listed 
                pursuant to section 307(a);
                  (C) for each segment of the navigable waters 
                included on such lists, a determination of the 
                specific point sources discharging any such 
                toxic pollutant which is believed to be 
                preventing or impairing such water quality and 
                the amount of each toxic pollutant discharged 
                by each such source; and
                  (D) for each such segment, an individual 
                control strategy which the State determines 
                will produce a reduction in the discharge of 
                toxic pollutants from point sources identified 
                by the State under this paragraph through the 
                establishment of effluent limitations under 
                section 402 of this Act and water quality 
                standards under section 303(c)(2)(B) of this 
                Act, which reduction is sufficient, in 
                combination with existing controls on point and 
                nonpoint sources of pollution, to achieve the 
                applicable water quality standard as soon as 
                possible, but not later than 3 years after the 
                date of the establishment of such strategy.
          (2) Approval or disapproval.--Not later than 120 days 
        after the last day of the 2-year period referred to in 
        paragraph (1), the Administrator shall approve or 
        disapprove the control strategies submitted under 
        paragraph (1) by any State.
          (3) Administrator's action.--If a State fails to 
        submit control strategies in accordance with paragraph 
        (1) or the Administrator does not approve the control 
        strategies submitted by such State in accordance with 
        paragraph (1), then, not later than 1 year after the 
        last day of the period referred to in paragraph (2), 
        the Administrator, in cooperation with such State and 
        after notice and opportunity for public comment, shall 
        implement the requirements of paragraph (1) in such 
        State. In the implementation of such requirements, the 
        Administrator shall, at a minimum, consider for listing 
        under this subsection any navigable waters for which 
        any person submits a petition to the Administrator for 
        listing not later than 120 days after such last day.
  (m) Schedule for Review of Guidelines.--
          (1) Publication.--Within 12 months after the date of 
        the enactment of the Water Quality Act of 1987, and 
        biennially thereafter, the Administrator shall publish 
        in the Federal Register a plan which shall--
                  (A) establish a schedule for the annual 
                review and revision of promulgated effluent 
                guidelines, in accordance with subsection (b) 
                of this section;
                  (B) identify categories of sources 
                discharging toxic or nonconventional pollutants 
                for which guidelines under subsection (b)(2) of 
                this section and section 306 have not 
                previously been published; and
                  (C) establish a schedule for promulgation of 
                effluent guidelines for categories identified 
                in subparagraph (B), under which promulgation 
                of such guidelines shall be no later than 4 
                years after such date of enactment for 
                categories identified in the first published 
                plan or 3 years after the publication of the 
                plan for categories identified in later 
                published plans.
          (2) Public review.--The Administrator shall provide 
        for public review and comment on the plan prior to 
        final publication.

           *       *       *       *       *       *       *


TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *



            national pollutant discharge elimination system

  Sec. 402. (a)(1) Except as provided in sections 318 and 404 
of this Act, the Administrator may, after opportunity for 
public hearing, issue a permit for the discharge of any 
pollutant, or combination of pollutants, notwithstanding 
section 301(a), upon condition that such discharge will meet 
either (A) all applicable requirements under sections 301, 302, 
306, 307, 308, and 403 of this Act, or (B) prior to the taking 
of necessary implementing actions relating to all such 
requirements, such conditions as the Administrator determines 
are necessary to carry out the provisions of this Act.
  (2) The Administrator shall prescribe conditions for such 
permits to assure compliance with the requirements of paragraph 
(1) of this subsection, including conditions on data and 
information collection, reporting, and such other requirements 
as he deems appropriate.
  (3) The permit program of the Administrator under paragraph 
(1) of this subsection, and permits issued thereunder, shall be 
subject to the same terms, conditions, and requirements as 
apply to a State permit program and permits issued thereunder 
under subsection (b) of this section.
  (4) All permits for discharges into the navigable waters 
issued pursuant to section 13 of the Act of March 3, 1899, 
shall be deemed to be permits issued under this title, and 
permits issued under this title shall be deemed to be permits 
issued under section 13 of the Act of March 3, 1899, and shall 
continue in force and effect for their term unless revoked, 
modified, or suspended in accordance with the provisions of 
this Act.
  (5) No permit for a discharge into the navigable waters shall 
be issued under section 13 of the Act of March 3, 1899, after 
the date of enactment of this title. Each application for a 
permit under section 13 of the Act of March 3, 1899, pending on 
the date of enactment of this Act shall be deemed to be an 
application for a permit under this section. The Administrator 
shall authorize a State, which he determines has the capability 
of administering a permit program which will carry out the 
objective of this Act, to issue permits for discharges into the 
navigable waters within the jurisdiction of such State. The 
Administrator may exercise the authority granted him by the 
preceding sentence only during the period which begins on the 
date of enactment of this Act and ends either on the ninetieth 
day after the date of the first promulgation of guidelines 
required by section 304(i)(2) of this Act, or the date of 
approval by the Administrator of a permit program for such 
State under subsection (b) of this section, whichever date 
first occurs, and no such authorization to a State shall extend 
beyond the last day of such period. Each such permit shall be 
subject to such conditions as the Administrator determines are 
necessary to carry out the provisions of this Act. No such 
permit shall issue if the Administrator objects to such 
issuance.
  (6)(A) The Administrator is authorized to issue general 
permits under this section for discharges of similar types from 
similar sources.
  (B) The Administrator may require submission of a notice of 
intent to be covered under a general permit issued under this 
section, including additional information that the 
Administrator determines necessary.
  (C) If a general permit issued under this section will expire 
and the Administrator decides not to issue a new general permit 
for discharges similar to those covered by the expiring general 
permit, the Administrator shall publish in the Federal Register 
a notice of such decision at least two years prior to the 
expiration of the general permit.
  (D) If a general permit issued under this section expires and 
the Administrator has not published a notice in accordance with 
subparagraph (C), until such time as the Administrator issues a 
new general permit for discharges similar to those covered by 
the expired general permit, the Administrator shall--
          (i) continue to apply the terms, conditions, and 
        requirements of the expired general permit to any 
        discharge that was covered by the expired general 
        permit; and
          (ii) apply such terms, conditions, and requirements 
        to any discharge that would have been covered by the 
        expired general permit (in accordance with any relevant 
        requirements for such coverage) if the discharge had 
        occurred before such expiration.
  (b) At any time after the promulgation of the guidelines 
required by subsection (i)(2) of section 304 of this Act, the 
Governor of each State desiring to administer its own permit 
program for discharges into navigable waters within its 
jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish 
and administer under State law or under an interstate compact. 
In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State water 
pollution control agencies which have independent legal 
counsel), or from the chief legal officer in the case of an 
interstate agency, that the laws of such State, or the 
interstate compact, as the case may be, provide adequate 
authority to carry out the described program. The Administrator 
shall approve each such submitted program unless he determines 
that adequate authority does not exist:
  (1) To issue permits which--
          (A) apply, and insure compliance with, any applicable 
        requirements of sections 301, 302, 306, 307, and 403;
          (B) are for fixed terms not exceeding five years; and
          (C) can be terminated or modified for cause 
        including, but not limited to, the following:
                  (i) violation of any condition of the permit;
                  (ii) obtaining a permit by misrepresentation, 
                or failure to disclose fully all relevant 
                facts;
                  (iii) change in any condition that requires 
                either a temporary or permanent reduction or 
                elimination of the permitted discharge;
          (D) control the disposal of pollutants into wells;
  (2)(A) To issue permits which apply, and insure compliance 
with, all applicable requirements of section 308 of this Act, 
or
  (B) To inspect, monitor, enter, and require reports to at 
least the same extent as required in section 308 of this Act;
  (3) To insure that the public, and any other State the waters 
of which may be affected, receive notice of each application 
for a permit and to provide an opportunity for public hearing 
before a ruling on each such application;
  (4) To insure that the Administrator receives notice of each 
application (including a copy thereof) for a permit;
  (5) To insure that any State (other than the permitting 
State), whose waters may be affected by the issuance of a 
permit may submit written recommendations to the permitting 
State (and the Administrator) with respect to any permit 
application and, if any part of such written recommendations 
are not accepted by the permitting State, that the permitting 
State will notify such affected State (and the Administrator) 
in writing of its failure to so accept such recommendations 
together with its reasons for so doing;
  (6) To insure that no permit will be issued if, in the 
judgment of the Secretary of the Army acting through the Chief 
of Engineers, after consultation with the Secretary of the 
department in which the Coast Guard is operating, anchorage and 
navigation of any of the navigable waters would be 
substantially impaired thereby;
  (7) To abate violations of the permit or the permit program, 
including civil and criminal penalties and other ways and means 
of enforcement;
  (8) To insure that any permit for a discharge from a publicly 
owned treatment works includes conditions to require the 
identification in terms of character and volume of pollutants 
of any significant source introducing pollutants subject to 
pretreatment standards under section 307(b) of this Act into 
such works and a program to assure compliance with such 
pretreatment standards by each such source, in addition to 
adequate notice to the permitting agency of (A) new 
introductions into such works of pollutants from any source 
which would be a new source as defined in section 306 if such 
source were discharging pollutants, (B) new introductions of 
pollutants into such works from a source which would be subject 
to section 301 if it were discharging such pollutants, or (C) a 
substantial change in volume or character of pollutants being 
introduced into such works by a source introducing pollutants 
into such works at the time of issuance of the permit. Such 
notice shall include information on the quality and quantity of 
effluent to be introduced into such treatment works and any 
anticipated impact of such change in the quantity or quality of 
effluent to be discharged from such publicly owned treatment 
works; and
  (9) To insure that any industrial user of any publicly owned 
treatment works will comply with sections 204(b), 307, and 308.
  (c)(1) Not later than ninety days after the date on which a 
State has submitted a program (or revision thereof) pursuant to 
subsection (b) of this section, the Administrator shall suspend 
the issuance of permits under subsection (a) of this section as 
to those discharges subject to such program unless he 
determines that the State permit program does not meet the 
requirements of subsection (b) of this section or does not 
conform to the guidelines issued under section 304(i)(2) of 
this Act. If the Administrator so determines, he shall notify 
the State of any revisions or modifications necessary to 
conform to such requirements or guidelines.
  (2) Any State permit program under this section shall at all 
times be in accordance with this section and guidelines 
promulgated pursuant to section 304(i)(2) of this Act.
  (3) Whenever the Administrator determines after public 
hearing that a State is not administering a program approved 
under this section in accordance with requirements of this 
section, he shall so notify the State and, if appropriate 
corrective action is not taken within a reasonable time, not to 
exceed ninety days, the Administrator shall withdraw approval 
of such program. The Administrator shall not withdraw approval 
of any such program unless he shall first have notified the 
State, and made public, in writing, the reasons for such 
withdrawal.
          (4) Limitations on partial permit program returns and 
        withdrawals.--A State may return to the Administrator 
        administration, and the Administrator may withdraw 
        under paragraph (3) of this subsection approval, of--
                  (A) a State partial permit program approved 
                under subsection (n)(3) only if the entire 
                permit program being administered by the State 
                department or agency at the time is returned or 
                withdrawn; and
                  (B) a State partial permit program approved 
                under subsection (n)(4) only if an entire 
                phased component of the permit program being 
                administered by the State at the time is 
                returned or withdrawn.
  (d)(1) Each State shall transmit to the Administrator a copy 
of each permit application received by such State and provide 
notice to the Administrator of every action related to the 
consideration of such permit application, including each permit 
proposed to be issued by such State.
  (2) No permit shall issue (A) if the Administrator within 
ninety days of the date of his notification under subsection 
(b)(5) of this section objects in writing to the issuance of 
such permit, or (B) if the Administrator within ninety days of 
the date of transmittal of the proposed permit by the State 
objects in writing to the issuance of such permit as being 
outside the guidelines and requirements of this Act. Whenever 
the Administrator objects to the issuance of a permit under 
this paragraph such written objection shall contain a statement 
of the reasons for such objection and the effluent limitations 
and conditions which such permit would include if it were 
issued by the Administrator.
  (3) The Administrator may, as to any permit application, 
waive paragraph (2) of this subsection.
  (4) In any case where, after the date of enactment of this 
paragraph, the Administrator, pursuant to paragraph (2) of this 
subsection, objects to the issuance of a permit, on request of 
the State, a public hearing shall be held by the Administrator 
on such objection. If the State does not resubmit such permit 
revised to meet such objection within 30 days after completion 
of the hearing, or, if no hearing is requested within 90 days 
after the date of such objection, the Administrator may issue 
the permit pursuant to subsection (a) of this section for such 
source in accordance with the guidelines and requirements of 
this Act.
  (e) In accordance with guidelines promulgated pursuant to 
subsection (i)(2) of section 304 of this Act, the Administrator 
is authorized to waive the requirements of subsection (d) of 
this section at the time he approves a program pursuant to 
subsection (b) of this section for any category (including any 
class, type, or size within such category) of point sources 
within the State submitting such program.
  (f) The Administrator shall promulgate regulations 
establishing categories of point sources which he determines 
shall not be subject to the requirements of subsection (d) of 
this section in any State with a program approved pursuant to 
subsection (b) of this section. The Administrator may 
distinguish among classes, types, and sizes within any category 
of point sources.
  (g) Any permit issued under this section for the discharge of 
pollutants into the navigable waters from a vessel or other 
floating craft shall be subject to any applicable regulations 
promulgated by the Secretary of the Department in which the 
Coast Guard is operating, establishing specifications for safe 
transportation, handling, carriage, storage, and stowage of 
pollutants.
  (h) In the event any condition of a permit for discharges 
from a treatment works (as defined in section 212 of this Act) 
which is publicly owned is violated, a State with a program 
approved under subsection (b) of this section or the 
Administrator, where no State program is approved or where the 
Administrator determines pursuant to section 309(a) of this Act 
that a State with an approved program has not commenced 
appropriate enforcement action with respect to such permit, may 
proceed in a court of competent jurisdiction to restrict or 
prohibit the introduction of any pollutant into such treatment 
works by a source not utilizing such treatment works prior to 
the finding that such condition was violated.
  (i) Nothing in this section shall be construed to limit the 
authority of the Administrator to take action pursuant to 
section 309 of this Act.
  (j) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such 
permit application or permit, or portion thereof, shall further 
be available on request for the purpose of reproduction.
  [(k) Compliance with] (k)  Compliance With Permits._
          (1) In general._Subject to paragraph (2), compliance 
        with  a permit issued pursuant to this section shall be 
        deemed compliance, for purposes of sections 309 and 
        505, with sections 301, 302, 306, 307, and 403, except 
        any standard imposed under section 307 for a toxic 
        pollutant injurious to human health. Until December 31, 
        1974, in any case where a permit for discharge has been 
        applied for pursuant to this section, but final 
        administrative disposition of such application has not 
        been made, such discharge shall not be a violation of 
        (1) section 301, 306, or 402 of this Act, or (2) 
        section 13 of the Act of March 3, 1899, unless the 
        Administrator or other plaintiff proves that final 
        administrative disposition of such application has not 
        been made because of the failure of the applicant to 
        furnish information reasonably required or requested in 
        order to process the application. For the 180-day 
        period beginning on the date of enactment of the 
        Federal Water Pollution Control Act Amendments of 1972, 
        in the case of any point source discharging any 
        pollutant or combination of pollutants immediately 
        prior to such date of enactment which source is not 
        subject to section 13 of the Act of March 3, 1899, the 
        discharge by such source shall not be a violation of 
        this Act if such a source applies for a permit for 
        discharge pursuant to this section within such 180-day 
        period.
          (2) Scope.--For purposes of paragraph (1), compliance 
        with the conditions of a permit issued under this 
        section shall be considered compliance with respect to 
        a discharge of--
                  (A) any pollutant for which an effluent 
                limitation is included in the permit; and
                  (B) any pollutant for which an effluent 
                limitation is not included in the permit that 
                is--
                          (i) specifically identified as 
                        controlled or monitored through 
                        indicator parameters in the permit, the 
                        fact sheet for the permit, or the 
                        administrative record relating to the 
                        permit;
                          (ii) specifically identified during 
                        the permit application process as 
                        present in discharges to which the 
                        permit will apply; or
                          (iii) whether or not specifically 
                        identified in the permit or during the 
                        permit application process--
                                  (I) present in any waste 
                                streams or processes of the 
                                point source to which the 
                                permit applies, which waste 
                                streams or processes are 
                                specifically identified during 
                                the permit application process; 
                                or
                                  (II) otherwise within the 
                                scope of any operations of the 
                                point source to which the 
                                permit applies, which scope of 
                                operations is specifically 
                                identified during the permit 
                                application process.
  (l) Limitation on Permit Requirement.--
          (1) Agricultural return flows.--The Administrator 
        shall not require a permit under this section for 
        discharges composed entirely of return flows from 
        irrigated agriculture, nor shall the Administrator 
        directly or indirectly, require any State to require 
        such a permit.
          (2) Stormwater runoff from oil, gas, and mining 
        operations.--The Administrator shall not require a 
        permit under this section, nor shall the Administrator 
        directly or indirectly require any State to require a 
        permit, for discharges of stormwater runoff from mining 
        operations or oil and gas exploration, production, 
        processing, or treatment operations or transmission 
        facilities, composed entirely of flows which are from 
        conveyances or systems of conveyances (including but 
        not limited to pipes, conduits, ditches, and channels) 
        used for collecting and conveying precipitation runoff 
        and which are not contaminated by contact with, or do 
        not come into contact with, any overburden, raw 
        material, intermediate products, finished product, 
        byproduct, or waste products located on the site of 
        such operations.
          (3) Silvicultural activities.--
                  (A) NPDES permit requirements for 
                silvicultural activities.--The Administrator 
                shall not require a permit under this section 
                nor directly or indirectly require any State to 
                require a permit under this section for a 
                discharge from runoff resulting from the 
                conduct of the following silviculture 
                activities conducted in accordance with 
                standard industry practice: nursery operations, 
                site preparation, reforestation and subsequent 
                cultural treatment, thinning, prescribed 
                burning, pest and fire control, harvesting 
                operations, surface drainage, or road 
                construction and maintenance.
                  (B) Other requirements.--Nothing in this 
                paragraph exempts a discharge from 
                silvicultural activity from any permitting 
                requirement under section 404, existing 
                permitting requirements under section 402, or 
                from any other federal law.
                  (C) The authorization provided in Section 
                505(a) does not apply to any non-permitting 
                program established under 402(p)(6) for the 
                silviculture activities listed in 402(l)(3)(A), 
                or to any other limitations that might be 
                deemed to apply to the silviculture activities 
                listed in 402(l)(3)(A).
  (m) Additional Pretreatment of Conventional Pollutants Not 
Required.--To the extent a treatment works (as defined in 
section 212 of this Act) which is publicly owned is not meeting 
the requirements of a permit issued under this section for such 
treatment works as a result of inadequate design or operation 
of such treatment works, the Administrator, in issuing a permit 
under this section, shall not require pretreatment by a person 
introducing conventional pollutants identified pursuant to a 
section 304(a)(4) of this Act into such treatment works other 
than pretreatment required to assure compliance with 
pretreatment standards under subsection (b)(8) of this section 
and section 307(b)(1) of this Act. Nothing in this subsection 
shall affect the Administrator's authority under sections 307 
and 309 of this Act, affect State and local authority under 
sections 307(b)(4) and 510 of this Act, relieve such treatment 
works of its obligations to meet requirements established under 
this Act, or otherwise preclude such works from pursuing 
whatever feasible options are available to meet its 
responsibility to comply with its permit under this section.
  (n) Partial Permit Program.--
          (1) State submission.--The Governor of a State may 
        submit under subsection (b) of this section a permit 
        program for a portion of the discharges into the 
        navigable waters in such State.
          (2) Minimum coverage.--A partial permit program under 
        this subsection shall cover, at a minimum, 
        administration of a major category of the discharges 
        into the navigable waters of the State or a major 
        component of the permit program required by subsection 
        (b).
          (3) Approval of major category partial permit 
        programs.--The Administrator may approve a partial 
        permit program covering administration of a major 
        category of discharges under this subsection if--
                  (A) such program represents a complete permit 
                program and covers all of the discharges under 
                the jurisdiction of a department or agency of 
                the State; and
                  (B) the Administrator determines that the 
                partial program represents a significant and 
                identifiable part of the State program required 
                by subsection (b).
          (4) Approval of major component partial permit 
        programs.--The Administrator may approve under this 
        subsection a partial and phased permit program covering 
        administration of a major component (including 
        discharge categories) of a State permit program 
        required by subsection (b) if--
                  (A) the Administrator determines that the 
                partial program represents a significant and 
                identifiable part of the State program required 
                by subsection (b); and
                  (B) the State submits, and the Administrator 
                approves, a plan for the State to assume 
                administration by phases of the remainder of 
                the State program required by subsection (b) by 
                a specified date not more than 5 years after 
                submission of the partial program under this 
                subsection and agrees to make all reasonable 
                efforts to assume such administration by such 
                date.
  (o) Anti-Backsliding.--
          (1) General prohibition.--In the case of effluent 
        limitations established on the basis of subsection 
        (a)(1)(B) of this section, a permit may not be renewed, 
        reissued, or modified on the basis of effluent 
        guidelines promulgated under section 304(b) subsequent 
        to the original issuance of such permit, to contain 
        effluent limitations which are less stringent than the 
        comparable effluent limitations in the previous permit. 
        In the case of effluent limitations established on the 
        basis of section 301(b)(1)(C) or section 303(d) or (e), 
        a permit may not be renewed, reissued, or modified to 
        contain effluent limitations which are less stringent 
        than the comparable effluent limitations in the 
        previous permit except in compliance with section 
        303(d)(4).
          (2) Exceptions.--A permit with respect to which 
        paragraph (1) applies may be renewed, reissued, or 
        modified to contain a less stringent effluent 
        limitation applicable to a pollutant if--
                  (A) material and substantial alterations or 
                additions to the permitted facility occurred 
                after permit issuance which justify the 
                application of a less stringent effluent 
                limitation;
                  (B)(i) information is available which was not 
                available at the time of permit issuance (other 
                than revised regulations, guidance, or test 
                methods) and which would have justified the 
                application of a less stringent effluent 
                limitation at the time of permit issuance; or
                  (ii) the Administrator determines that 
                technical mistakes or mistaken interpretations 
                of law were made in issuing the permit under 
                subsection (a)(1)(B);
                  (C) a less stringent effluent limitation is 
                necessary because of events over which the 
                permittee has no control and for which there is 
                no reasonably available remedy;
                  (D) the permittee has received a permit 
                modification under section 301(c), 301(g), 
                301(h), 301(i), 301(k), 301(n), or 316(a); or
                  (E) the permittee has installed the treatment 
                facilities required to meet the effluent 
                limitations in the previous permit and has 
                properly operated and maintained the facilities 
                but has nevertheless been unable to achieve the 
                previous effluent limitations, in which case 
                the limitations in the reviewed, reissued, or 
                modified permit may reflect the level of 
                pollutant control actually achieved (but shall 
                not be less stringent than required by effluent 
                guidelines in effect at the time of permit 
                renewal, reissuance, or modification).
        Subparagraph (B) shall not apply to any revised waste 
        load allocations or any alternative grounds for 
        translating water quality standards into effluent 
        limitations, except where the cumulative effect of such 
        revised allocations results in a decrease in the amount 
        of pollutants discharged into the concerned waters, and 
        such revised allocations are not the result of a 
        discharger eliminating or substantially reducing its 
        discharge of pollutants due to complying with the 
        requirements of this Act or for reasons otherwise 
        unrelated to water quality.
          (3) Limitations.--In no event may a permit with 
        respect to which paragraph (1) applies be renewed, 
        reissued, or modified to contain an effluent limitation 
        which is less stringent than required by effluent 
        guidelines in effect at the time the permit is renewed, 
        reissued, or modified. In no event may such a permit to 
        discharge into waters be renewed, reissued, or modified 
        to contain a less stringent effluent limitation if the 
        implementation of such limitation would result in a 
        violation of a water quality standard under section 303 
        applicable to such waters.
  (p) Municipal and Industrial Stormwater Discharges.--
          (1) General rule.--Prior to October 1, 1994, the 
        Administrator or the State (in the case of a permit 
        program approved under section 402 of this Act) shall 
        not require a permit under this section for discharges 
        composed entirely of stormwater.
          (2) Exceptions.--Paragraph (1) shall not apply with 
        respect to the following stormwater discharges:
                  (A) A discharge with respect to which a 
                permit has been issued under this section 
                before the date of the enactment of this 
                subsection.
                  (B) A discharge associated with industrial 
                activity.
                  (C) A discharge from a municipal separate 
                storm sewer system serving a population of 
                250,000 or more.
                  (D) A discharge from a municipal separate 
                storm sewer system serving a population of 
                100,000 or more but less than 250,000.
                  (E) A discharge for which the Administrator 
                or the State, as the case may be, determines 
                that the stormwater discharge contributes to a 
                violation of a water quality standard or is a 
                significant contributor of pollutants to waters 
                of the United States.
          (3) Permit requirements.--
                  (A) Industrial discharges.--Permits for 
                discharges associated with industrial activity 
                shall meet all applicable provisions of this 
                section and section 301.
                  (B) Municipal discharge.--Permits for 
                discharges from municipal storm sewers--
                          (i) may be issued on a system- or 
                        jurisdiction-wide basis;
                          (ii) shall include a requirement to 
                        effectively prohibit non-stormwater 
                        discharges into the storm sewers; and
                          (iii) shall require controls to 
                        reduce the discharge of pollutants to 
                        the maximum extent practicable, 
                        including management practices, control 
                        techniques and system, design and 
                        engineering methods, and such other 
                        provisions as the Administrator or the 
                        State determines appropriate for the 
                        control of such pollutants.
          (4) Permit application requirements.--
                  (A) Industrial and large municipal 
                discharges.--Not later than 2 years after the 
                date of the enactment of this subsection, the 
                Administrator shall establish regulations 
                setting forth the permit application 
                requirements for stormwater discharges 
                described in paragraphs (2)(B) and (2)(C). 
                Applications for permits for such discharges 
                shall be filed no later than 3 years after such 
                date of enactment. Not later than 4 years after 
                such date of enactment the Administrator or the 
                State, as the case may be, shall issue or deny 
                each such permit. Any such permit shall provide 
                for compliance as expeditiously as practicable, 
                but in no event later than 3 years after the 
                date of issuance of such permit.
                  (B) Other municipal discharges.--Not later 
                than 4 years after the date of the enactment of 
                this subsection, the Administrator shall 
                establish regulations setting forth the permit 
                application requirements for stormwater 
                discharges described in paragraph (2)(D). 
                Applications for permits for such discharges 
                shall be filed no later than 5 years after such 
                date of enactment. Not later than 6 years after 
                such date of enactment, the Administrator or 
                the State, as the case may be, shall issue or 
                deny each such permit. Any such permit shall 
                provide for compliance as expeditiously as 
                practicable, but in no event later than 3 years 
                after the date of issuance of such permit.
          (5) Studies.--The Administrator, in consultation with 
        the States, shall conduct a study for the purposes of--
                  (A) identifying those stormwater discharges 
                or classes of stormwater discharges for which 
                permits are not required pursuant to paragraphs 
                (1) and (2) of this subsection;
                  (B) determining, to the maximum extent 
                practicable, the nature and extent of 
                pollutants in such discharges; and
                  (C) establishing procedures and methods to 
                control stormwater discharges to the extent 
                necessary to mitigate impacts on water quality.
        Not later than October 1, 1988, the Administrator shall 
        submit to Congress a report on the results of the study 
        described in subparagraphs (A) and (B). Not later than 
        October 1, 1989, the Administrator shall submit to 
        Congress a report on the results of the study described 
        in subparagraph (C).
          (6) Regulations.--Not later than October 1, 1993, the 
        Administrator, in consultation with State and local 
        officials, shall issue regulations (based on the 
        results of the studies conducted under paragraph (5)) 
        which designate stormwater discharges, other than those 
        discharges described in paragraph (2), to be regulated 
        to protect water quality and shall establish a 
        comprehensive program to regulate such designated 
        sources. The program shall, at a minimum, (A) establish 
        priorities, (B) establish requirements for State 
        stormwater management programs, and (C) establish 
        expeditious deadlines. The program may include 
        performance standards, guidelines, guidance, and 
        management practices and treatment requirements, as 
        appropriate.
  (q) Combined Sewer Overflows.--
          (1) Requirement for permits, orders, and decrees.--
        Each permit, order, or decree issued pursuant to this 
        Act after the date of enactment of this subsection for 
        a discharge from a municipal combined storm and 
        sanitary sewer shall conform to the Combined Sewer 
        Overflow Control Policy signed by the Administrator on 
        April 11, 1994 (in this subsection referred to as the 
        ``CSO control policy'').
          (2) Water quality and designated use review 
        guidance.--Not later than July 31, 2001, and after 
        providing notice and opportunity for public comment, 
        the Administrator shall issue guidance to facilitate 
        the conduct of water quality and designated use reviews 
        for municipal combined sewer overflow receiving waters.
          (3) Report.--Not later than September 1, 2001, the 
        Administrator shall transmit to Congress a report on 
        the progress made by the Environmental Protection 
        Agency, States, and municipalities in implementing and 
        enforcing the CSO control policy.
  (r) Discharges Incidental to the Normal Operation of 
Recreational Vessels.--No permit shall be required under this 
Act by the Administrator (or a State, in the case of a permit 
program approved under subsection (b)) for the discharge of any 
graywater, bilge water, cooling water, weather deck runoff, oil 
water separator effluent, or effluent from properly functioning 
marine engines, or any other discharge that is incidental to 
the normal operation of a vessel, if the discharge is from a 
recreational vessel.
  (s) Integrated Plans.--
          (1) Definition of integrated plan.--In this 
        subsection, the term ``integrated plan'' means a plan 
        developed in accordance with the Integrated Municipal 
        Stormwater and Wastewater Planning Approach Framework, 
        issued by the Environmental Protection Agency and dated 
        June 5, 2012.
          (2) In general.--The Administrator (or a State, in 
        the case of a permit program approved by the 
        Administrator) shall inform municipalities of the 
        opportunity to develop an integrated plan that may be 
        incorporated into a permit under this section.
          (3) Scope.--
                  (A) Scope of permit incorporating integrated 
                plan.--A permit issued under this section that 
                incorporates an integrated plan may integrate 
                all requirements under this Act addressed in 
                the integrated plan, including requirements 
                relating to--
                          (i) a combined sewer overflow;
                          (ii) a capacity, management, 
                        operation, and maintenance program for 
                        sanitary sewer collection systems;
                          (iii) a municipal stormwater 
                        discharge;
                          (iv) a municipal wastewater 
                        discharge; and
                          (v) a water quality-based effluent 
                        limitation to implement an applicable 
                        wasteload allocation in a total maximum 
                        daily load.
                  (B) Inclusions in integrated plan.--An 
                integrated plan incorporated into a permit 
                issued under this section may include the 
                implementation of--
                          (i) projects, including innovative 
                        projects, to reclaim, recycle, or reuse 
                        water; and
                          (ii) green infrastructure.
          (4) Compliance schedules.--
                  (A) In general.--A permit issued under this 
                section that incorporates an integrated plan 
                may include a schedule of compliance, under 
                which actions taken to meet any applicable 
                water quality-based effluent limitation may be 
                implemented over more than 1 permit term if the 
                schedule of compliance--
                          (i) is authorized by State water 
                        quality standards; and
                          (ii) meets the requirements of 
                        section 122.47 of title 40, Code of 
                        Federal Regulations (as in effect on 
                        the date of enactment of this 
                        subsection).
                  (B) Time for compliance.--For purposes of 
                subparagraph (A)(ii), the requirement of 
                section 122.47 of title 40, Code of Federal 
                Regulations, for compliance by an applicable 
                statutory deadline under this Act does not 
                prohibit implementation of an applicable water 
                quality-based effluent limitation over more 
                than 1 permit term.
                  (C) Review.--A schedule of compliance 
                incorporated into a permit issued under this 
                section may be reviewed at the time the permit 
                is renewed to determine whether the schedule 
                should be modified.
          (5) Existing authorities retained.--
                  (A) Applicable standards.--Nothing in this 
                subsection modifies any obligation to comply 
                with applicable technology and water quality-
                based effluent limitations under this Act.
                  (B) Flexibility.--Nothing in this subsection 
                reduces or eliminates any flexibility available 
                under this Act, including the authority of a 
                State to revise a water quality standard after 
                a use attainability analysis under section 
                131.10(g) of title 40, Code of Federal 
                Regulations (or a successor regulation), 
                subject to the approval of the Administrator 
                under section 303(c).
          (6) Clarification of state authority.--
                  (A) In general.--Nothing in section 
                301(b)(1)(C) precludes a State from authorizing 
                in the water quality standards of the State the 
                issuance of a schedule of compliance to meet 
                water quality-based effluent limitations in 
                permits that incorporate provisions of an 
                integrated plan.
                  (B) Transition rule.--In any case in which a 
                discharge is subject to a judicial order or 
                consent decree, as of the date of enactment of 
                this subsection, resolving an enforcement 
                action under this Act, any schedule of 
                compliance issued pursuant to an authorization 
                in a State water quality standard may not 
                revise a schedule of compliance in that order 
                or decree to be less stringent, unless the 
                order or decree is modified by agreement of the 
                parties and the court.
  (t) Expression of Water Quality-based Effluent Limitations.--
If the Administrator (or a State, in the case of a permit 
program approved by the Administrator) determines that a water 
quality-based limitation on a discharge of a pollutant is 
necessary to include in a permit under this section in addition 
to any appropriate technology-based effluent limitations 
included in such permit, the Administrator (or the State) may 
include such water quality-based limitation in such permit only 
in the form of an effluent limitation that specifies--
          (1) the pollutant to which it applies; and
          (2) the numerical limit on the discharge of such 
        pollutant, or the precise waterbody conditions to be 
        attained with respect to such pollutant, required to 
        comply with the permit.

           *       *       *       *       *       *       *


                  permits for dredged or fill material

  Sec. 404. (a) The Secretary may issue permits, after notice 
and opportunity for public hearings for the discharge of 
dredged or fill material into the navigable waters at specified 
disposal sites. Not later than the fifteenth day after the date 
an applicant submits all the information required to complete 
an application for a permit under this subsection, the 
Secretary shall publish the notice required by this subsection.
  (b) Subject to subsection (c) of this section, each such 
disposal site shall be specified for each such permit by the 
Secretary (1) through the application of guidelines developed 
by the Administrator, in conjunction with the Secretary, which 
guidelines shall be based upon criteria comparable to the 
criteria applicable to the territorial seas, the contiguous 
zone, and the ocean under section 403(c), and (2) in any case 
where such guidelines under clause (1) alone would prohibit the 
specification of a site, through the application additionally 
of the economic impact of the site on navigation and anchorage.
  [(c) The Administrator] (c)  Specification or Use of Defined 
Area._
          (1) In general._The Administrator  is authorized to 
        prohibit the specification (including the withdrawal of 
        specification) of any defined area as a disposal site, 
        and he is authorized to deny or restrict the use of any 
        defined area for specification (including the 
        withdrawal of specification) as a disposal site, 
        whenever he determines, during the period described in 
        paragraph (2) and after notice and opportunity for 
        public hearings, that the discharge of such materials 
        into such 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. Before making such 
        determination, the Administrator shall consult with the 
        Secretary. The Administrator shall set forth in writing 
        and make public his findings and his reasons for making 
        any determination under this subsection.
          (2) Period of prohibition.--The period during which 
        the Administrator may prohibit the specification 
        (including the withdrawal of specification) of any 
        defined area as a disposal site, or deny or restrict 
        the use of any defined area for specification 
        (including the withdrawal of specification) as a 
        disposal site, under paragraph (1) shall--
                  (A) begin on the date on which an applicant 
                submits all the information required to 
                complete an application for a permit under this 
                section; and
                  (B) end on the date on which the Secretary 
                issues the permit.
  (d) The term ``Secretary'' as used in this section means the 
Secretary of the Army, acting through the Chief of Engineers.
  [(e)(1) In carrying] (e)  General Permits on State, Regional, 
or Nationwide Basis._
          (1) Permits authorized._In carrying  out his 
        functions relating to the discharge of dredged or fill 
        material under this section, the Secretary may, after 
        notice and opportunity for public hearing, issue 
        general permits on a State, regional, or nationwide 
        basis for any category of activities involving 
        discharges of dredged or fill material if the Secretary 
        determines that the activities in such category are 
        similar in nature, will cause only minimal adverse 
        environmental effects when performed separately, and 
        will have only minimal cumulative adverse effect on the 
        environment. Any general permit issued under this 
        subsection shall (A) be based on the guidelines 
        described in subsection (b)(1) of this section, and (B) 
        set forth the requirements and standards which shall 
        apply to any activity authorized by such general 
        permit.
  [(2) No general]
  (2) Term._No general  permit issued under this subsection 
shall be for a period of more than [five years] ten years after 
the date of its issuance and such general permit may be revoked 
or modified by the Secretary if, after opportunity for public 
hearing, the Secretary determines that the activities 
authorized by such general permit have an adverse impact on the 
environment or such activities are more appropriately 
authorized by individual permits.
          (3) Considerations.--In determining the environmental 
        effects of an activity under paragraph (1) or (2), the 
        Secretary shall consider only the effects of any 
        discharge of dredged or fill material resulting from 
        such activity.
          (4) Nationwide permits for linear infrastructure 
        projects.--
                  (A) In general.--Notwithstanding any other 
                provision of this section, the Secretary shall 
                maintain general permits on a nationwide basis 
                for linear infrastructure projects that do not 
                result in the loss of greater than 1/2-acre of 
                waters of the United States for each single and 
                complete project (as defined in section 330.2 
                of title 33, Code of Federal Regulations (as in 
                effect on the date of enactment of this 
                paragraph)).
                  (B) Definition of linear infrastructure 
                project.--In this paragraph, the term ``linear 
                infrastructure project'' means a project to 
                carry out any activity required for the 
                construction, expansion, maintenance, 
                modification, or removal of infrastructure and 
                associated facility for the transmission from a 
                point of origin to a terminal point of 
                communications or electricity or the 
                transportation from a point of origin to a 
                terminal point of people, water, wastewater, 
                carbon dioxide, or fuel or hydrocarbons (in the 
                form of a liquid, liquescent, gaseous, or 
                slurry substance or supercritical fluid), 
                including oil and gas pipeline facilities.
          (5) Reissuance of nationwide permits.--In determining 
        whether to reissue a general permit issued under this 
        subsection on a nationwide basis--
                  (A) no consultation with an applicable State 
                pursuant to section 6(a) of the Endangered 
                Species Act of 1973 (16 U.S.C. 1535(a)) is 
                required;
                  (B) no consultation with a Federal agency 
                pursuant to section 7(a)(2) of such Act (16 
                U.S.C. 1536(a)(2)) is required; and
                  (C) the requirements of section 102(2)(C) of 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4332(2)(C)) shall be satisfied by 
                preparing an environmental assessment with 
                respect to such general permit.
  (f)(1) Except as provided in paragraph (2) of this 
subsection, the discharge of dredged or fill material--
          (A) from normal farming, silviculture, and ranching 
        activities such as plowing, seeding, cultivating, minor 
        drainage, harvesting for the production of food, fiber, 
        and forest products, or upland soil and water 
        conservation practices;
          (B) for the purpose of maintenance, including 
        emergency reconstruction of recently damaged parts, of 
        currently serviceable structures such as dikes, dams, 
        levees, groins, riprap, breakwaters, causeways, and 
        bridge abutments or approaches, and transportation 
        structures;
          (C) for the purpose of construction or maintenance of 
        farm or stock ponds or irrigation ditches, or the 
        maintenance of drainage ditches;
          (D) for the purpose of construction of temporary 
        sedimentation basins on a construction site which does 
        not include placement of fill material into the 
        navigable waters;
          (E) for the purpose of construction or maintenance of 
        farm roads or forest roads, or temporary roads for 
        moving mining equipment, where such roads are 
        constructed and maintained, in accordance with best 
        management practices, to assure that flow and 
        circulation patterns and chemical and biological 
        characteristics of the navigable waters are not 
        impaired, that the reach of the navigable waters is not 
        reduced, and that any adverse effect on the aquatic 
        environment will be otherwise minimized;
          (F) resulting from any activity with respect to which 
        a State has an approved program under section 208(b)(4) 
        which meets the requirements of subparagraphs (B) and 
        (C) of such section,
is not prohibited by or otherwise subject to regulation under 
this section or section 301(a) or 402 of this Act (except for 
effluent standards or prohibitions under section 307).
  (2) Any discharge of dredged or fill material into the 
navigable waters incidental to any activity having as its 
purpose bringing an area of the navigable waters into a use to 
which it was not previously subject, where the flow or 
circulation of navigable waters may be impaired or the reach of 
such waters be reduced, shall be required to have a permit 
under this section.
  (g)(1) The Governor of any State desiring to administer its 
own individual and general permit program for the discharge of 
dredged or fill material into the navigable waters (other than 
those waters which are presently used, or are susceptible to 
use in their natural condition or by reasonable improvement as 
a means to transport interstate or foreign commerce shoreward 
to their ordinary high water mark, including all waters which 
are subject to the ebb and flow of the tide shoreward to their 
mean high water mark, or mean higher high water mark on the 
west coast, including wetlands adjacent thereto) within its 
jurisdiction may submit to the Administrator a full and 
complete description of the program it proposes to establish 
and administer under State law or under an interstate compact. 
In addition, such State shall submit a statement from the 
attorney general (or the attorney for those State agencies 
which have independent legal counsel), or from the chief legal 
officer in the case of an interstate agency, that the laws of 
such State, or the interstate compact, as the case may be, 
provide adequate authority to carry out the described program.
  (2) Not later than the tenth day after the date of the 
receipt of the program and statement submitted by any State 
under paragraph (1) of this subsection, the Administrator shall 
provide copies of such program and statement to the Secretary 
and the Secretary of the Interior, acting through the Director 
of the United States Fish and Wildlife Service.
  (3) Not later than the ninetieth day after the date of the 
receipt by the Administrator of the program and statement 
submitted by any State, under paragraph (1) of this subsection, 
the Secretary and the Secretary of the Interior, acting through 
the Director of the United States Fish and Wildlife Service, 
shall submit any comments with respect to such program and 
statement to the Administrator in writing.
  (h)(1) Not later than the one-hundred-twentieth day after the 
date of the receipt by the Administrator of a program and 
statement submitted by any State under paragraph (1) of this 
subsection, the Administrator shall determine, taking into 
account any comments submitted by the Secretary and the 
Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service, pursuant to subsection 
(g) of this section, whether such State has the following 
authority with respect to the issuance of permits pursuant to 
such program:
          (A) To issue permits which--
                  (i) apply, and assure compliance with, any 
                applicable requirements of this section, 
                including, but not limited to, the guidelines 
                established under subsection (b)(1) of this 
                section, and sections 307 and 403 of this Act;
                  (ii) are for fixed terms not exceeding five 
                years; and
                  (iii) can be terminated or modified for cause 
                including, but not limited to, the following:
                          (I) violation of any condition of the 
                        permit;
                          (II) obtaining a permit by 
                        misrepresentation, or failure to 
                        disclose fully all relevant facts;
                          (III) change in any condition that 
                        requires either a temporary or 
                        permanent reduction or elimination of 
                        the permitted discharge.
          (B) To issue permits which apply, and assure 
        compliance with, all applicable requirements of section 
        308 of this Act, or to inspect, monitor, enter, and 
        require reports to at least the same extent as required 
        in section 308 of this Act.
          (C) To assure that the public, and any other State 
        the waters of which may be affected, receive notice of 
        each application for a permit and to provide an 
        opportunity for public hearing before a ruling on each 
        such application.
          (D) To assure that the Administrator receives notice 
        of each application (including a copy thereof) for a 
        permit.
          (E) To assure that any State (other than the 
        permitting State), whose waters may be affected by the 
        issuance of a permit may submit written recommendations 
        to the permitting State (and the Administrator) with 
        respect to any permit application and, if any part of 
        such written recommendations are not accepted by the 
        permitting State, that the permitting State will notify 
        such affected State (and the Administrator) in writing 
        of its failure to so accept such recommendations 
        together with its reasons for so doing.
          (F) To assure that no permit will be issued if, in 
        the judgment of the Secretary, after consultation with 
        the Secretary of the department in which the Coast 
        Guard is operating, anchorage and navigation of any of 
        the navigable waters would be substantially impaired 
        thereby.
          (G) To abate violations of the permit or the permit 
        program, including civil and criminal penalties and 
        other ways and means of enforcement.
          (H) To assure continued coordination with Federal and 
        Federal-State water-related planning and review 
        processes.
  (2) If, with respect to a State program submitted under 
subsection (g)(1) of this section, the Administrator determines 
that such State--
          (A) has the authority set forth in paragraph (1) of 
        this subsection, the Administrator shall approve the 
        program and so notify (i) such State and (ii) the 
        Secretary, who upon subsequent notification from such 
        State that it is administering such program, shall 
        suspend the issuance of permits under subsection (a) 
        and (e) of this section for activities with respect to 
        which a permit may be issued pursuant to such State 
        program; or
          (B) does not have the authority set forth in 
        paragraph (1) of this subsection, the Administrator 
        shall so notify such State, which notification shall 
        also describe the revisions or modifications necessary 
        so that such State may resubmit such program for a 
        determination by the Administrator under this 
        subsection.
  (3) If the Administrator fails to make a determination with 
respect to any program submitted by a State under subsection 
(g)(1) of this section within one-hundred-twenty days after the 
date of the receipt of such program, such program shall be 
deemed approved pursuant to paragraph (2)(A) of this subsection 
and the Administrator shall so notify such State and the 
Secretary who, upon subsequent notification from such State 
that it is administering such program, shall suspend the 
issuance of permits under subsection (a) and (e) of this 
section for activities with respect to which a permit may be 
issued by such State.
  (4) After the Secretary receives notification from the 
Administrator under paragraph (2) or (3) of this subsection 
that a State permit program has been approved, the Secretary 
shall transfer any applications for permits pending before the 
Secretary for activities with respect to which a permit may be 
issued pursuant to such State program to such State for 
appropriate action.
  (5) Upon notification from a State with a permit program 
approved under this subsection that such State intends to 
administer and enforce the terms and conditions of a general 
permit issued by the Secretary under subsection (e) of this 
section with respect to activities in such State to which such 
general permit applies, the Secretary shall suspend the 
administration and enforcement of such general permit with 
respect to such activities.
  (i) Whenever the Administrator determines after public 
hearing that a State is not administering a program approved 
under section (h)(2)(A) of this section, in accordance with 
this section, including, but not limited to, the guidelines 
established under subsection (b)(1) of this section, the 
Administrator shall so notify the State, and, if appropriate 
corrective action is not taken within a reasonable time, not to 
exceed ninety days after the date of the receipt of such 
notification, the Administrator shall (1) withdraw approval of 
such program until the Administrator determines such corrective 
action has been taken, and (2) notify the Secretary that the 
Secretary shall resume the program for the issuance of permits 
under subsections (a) and (e) of this section for activities 
with respect to which the State was issuing permits and that 
such authority of the Secretary shall continue in effect until 
such time as the Administrator makes the determination 
described in clause (1) of this subsection and such State again 
has an approved program.
  (j) Each State which is administering a permit program 
pursuant to this section shall transmit to the Administrator 
(1) a copy of each permit application received by such State 
and provide notice to the Administrator of every action related 
to the consideration of such permit application, including each 
permit proposed to be issued by such State, and (2) a copy of 
each proposed general permit which such State intends to issue. 
Not later than the tenth day after the date of the receipt of 
such permit application or such proposed general permit, the 
Administrator shall provide copies of such permit application 
or such proposed general permit to the Secretary and the 
Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service. If the Administrator 
intends to provide written comments to such State with respect 
to such permit application or such proposed general permit, he 
shall so notify such State not later than the thirtieth day 
after the date of the receipt of such application or such 
proposed general permit and provide such written comments to 
such State, after consideration of any comments made in writing 
with respect to such application or such proposed general 
permit by the Secretary and the Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, not later than the ninetieth day after the 
date of such receipt. If such State is so notified by the 
Administrator, it shall not issue the proposed permit until 
after the receipt of such comments from the Administrator, or 
after such ninetieth day, whichever first occurs. Such State 
shall not issue such proposed permit after such ninetieth day 
if it has received such written comments in which the 
Administrator objects (A) to the issuance of such proposed 
permit and such proposed permit is one that has been submitted 
to the Administrator pursuant to subsection (h)(1)(E), or (B) 
to the issuance of such proposed permit as being outside the 
requirements of this section, including, but not limited to, 
the guidelines developed under subsection (b)(1) of this 
section unless it modifies such proposed permit in accordance 
with such comments. Whenever the Administrator objects to the 
issuance of a permit under the preceding sentence such written 
objection shall contain a statement of the reasons for such 
objection and the conditions which such permit would include if 
it were issued by the Administrator. In any case where the 
Administrator objects to the issuance of a permit, on request 
of the State, a public hearing shall be held by the 
Administrator on such objection. If the State does not resubmit 
such permit revised to meet such objection within 30 days after 
completion of the hearing or, if no hearing is requested within 
90 days after the date of such objection, the Secretary may 
issue the permit pursuant to subsection (a) or (e) of this 
section, as the case may be, for such source in accordance with 
the guidelines and requirements of this Act.
  (k) In accordance with guidelines promulgated pursuant to 
subsection (i)(2) of section 304 of this Act, the Administrator 
is authorized to waive the requirements of subsection (j) of 
this section at the time of the approval of a program pursuant 
to subsection (h)(2)(A) of this section for any category 
(including any class, type, or size within such category) of 
discharge within the State submitting such program.
  (l) The Administrator shall promulgate regulations 
establishing categories of discharges which he determines shall 
not be subject to the requirements of subsection (j) of this 
section in any State with a program approved pursuant to 
subsection (h)(2)(A) of this section. The Administrator may 
distinguish among classes, types, and sizes within any category 
of discharges.
  (m) Not later than the ninetieth day after the date on which 
the Secretary notifies the Secretary of the Interior, acting 
through the Director of the United States Fish and Wildlife 
Service that (1) an application for a permit under subsection 
(a) of this section has been received by the Secretary, or (2) 
the Secretary proposes to issue a general permit under 
subsection (e) of this section, the Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service, shall submit any comments with respect to 
such application or such proposed general permit in writing to 
the Secretary.
  (n) Nothing in this section shall be construed to limit the 
authority of the Administrator to take action pursuant to 
section 309 of this Act.
  (o) A copy of each permit application and each permit issued 
under this section shall be available to the public. Such 
permit application or portion thereof, shall further be 
available on request for the purpose of reproduction.
  (p) Compliance with a permit issued pursuant to this section, 
including any activity carried out pursuant to a general permit 
issued under this section, shall be deemed compliance, for 
purposes of sections 309 and 505, with sections 301, 307, and 
403.
  (q) Not later than the one-hundred-eightieth day after the 
date of enactment of this subsection, the Secretary shall enter 
into agreements with the Administrator, the Secretaries of the 
Departments of Agriculture, Commerce, Interior, and 
Transportation, and the heads of other appropriate Federal 
agencies to minimize, to the maximum extent practicable, 
duplication, needless paperwork, and delays in the issuance of 
permits under this section. Such agreements shall be developed 
to assure that, to the maximum extent practicable, a decision 
with respect to an application for a permit under subsection 
(a) of this section will be made not later than the ninetieth 
day after the date the notice of such application is published 
under subsection (a) of this section.
  (r) The discharge of dredged or fill material as part of the 
construction of a Federal project specifically authorized by 
Congress, whether prior to or on or after the date of enactment 
of this subsection, is not prohibited by or otherwise subject 
to regulation under this section, or a State program approved 
under this section, or section 301(a) or 402 of the Act (except 
for effluent standards or prohibitions under section 307), if 
information on the effects of such discharge, including 
consideration of the guidelines developed under subsection 
(b)(1) of this section, is included in an environmental impact 
statement for such project pursuant to the National 
Environmental Policy Act of 1969 and such environmental impact 
statement has been submitted to Congress before the actual 
discharge of dredged or fill material in connection with the 
construction of such project and prior to either authorization 
of such project or an appropriation of funds for such 
construction.
  (s)(1) Whenever on the basis of any information available to 
him the Secretary finds that any person is in violation of any 
condition or limitation set forth in a permit issued by the 
Secretary under this section, the Secretary shall issue an 
order requiring such persons to comply with such condition or 
limitation, or the Secretary shall bring a civil action in 
accordance with paragraph (3) of this subsection.
  (2) A copy of any order issued under this subsection shall be 
sent immediately by the Secretary to the State in which the 
violation occurs and other affected States. Any order issued 
under this subsection shall be by personal service and shall 
state with reasonable specificity the nature of the violation, 
specify a time for compliance, not to exceed thirty days, which 
the Secretary determines is reasonable, taking into account the 
seriousness of the violation and any good faith efforts to 
comply with applicable requirements. In any case in which an 
order under this subsection is issued to a corporation, a copy 
of such order shall be served on any appropriate corporate 
officers.
  (3) The Secretary is authorized to commence a civil action 
for appropriate relief, including a permanent or temporary 
injunction for any violation for which he is authorized to 
issue a compliance order under paragraph (1) of this 
subsection. Any action under this paragraph may be brought in 
the district court of the United States for the district in 
which the defendant is located or resides or is doing business, 
and such court shall have jurisdiction to restrain such 
violation and to require compliance. Notice of the commencement 
of such acton shall be given immediately to the appropriate 
State.
  (4) Any person who violates any condition or limitation in a 
permit issued by the Secretary under this section, and any 
person who violates any order issued by the Secretary under 
paragraph (1) of this subsection, shall be subject to a civil 
penalty not to exceed $25,000 per day for each violation. In 
determining the amount of a civil penalty the court shall 
consider the seriousness of the violation or violations, the 
economic benefit (if any) resulting from the violation, any 
history of such violations, any good-faith efforts to comply 
with the applicable requirements, the economic impact of the 
penalty on the violator, and such other matters as justice may 
require.
  (t) Judicial Review.--
          (1) Statute of limitations.--
                  (A) In general.--Notwithstanding any 
                applicable provision of law relating to 
                statutes of limitations, an action seeking 
                judicial review of--
                          (i) an individual or general permit 
                        issued under this section shall be 
                        filed not later than the date that is 
                        60 days after the date on which the 
                        permit was issued; and
                          (ii) verification that an activity is 
                        authorized by a general permit issued 
                        under this section shall be filed not 
                        later than the date that is 60 days 
                        after the date on which such 
                        verification was issued.
                  (B) Savings provision.--Nothing in 
                subparagraph (A) may be construed to authorize 
                an action seeking judicial review of the 
                structure of, or authorization for, a State 
                permit program approved pursuant to this 
                section.
          (2) Limitation on commencement of certain actions.--
        Notwithstanding any other provision of law, no action 
        described in paragraph (1)(A) may be commenced unless 
        the action--
                  (A) is filed by a party that submitted a 
                comment, during the public comment period for 
                the administrative proceedings related to the 
                applicable action described in such paragraph, 
                which comment was sufficiently detailed to put 
                the Secretary or the State, as applicable, on 
                notice of the issue upon which the party seeks 
                judicial review; and
                  (B) is related to such comment.
          (3) Remedy.--If a court determines that the Secretary 
        or the State, as applicable, did not comply with the 
        requirements of this section in issuing an individual 
        or general permit under this section, or in verifying 
        that an activity is authorized by a general permit 
        issued under this section, as applicable--
                  (A) the court shall remand the matter to the 
                Secretary or the State, as applicable, for 
                further proceedings consistent with the court's 
                determination;
                  (B) with respect to a determination regarding 
                the issuance of an individual or general permit 
                under this section, the court may not vacate, 
                revoke, enjoin, or otherwise limit the permit, 
                unless the court finds that activities 
                authorized under the permit would present an 
                imminent and substantial danger to human health 
                or the environment for which there is no other 
                equitable remedy available under the law; and
                  (C) with respect to a determination regarding 
                a verification that an activity is authorized 
                by a general permit issued under this section, 
                the court may not enjoin the activity, unless 
                the court finds that the activity would present 
                an imminent and substantial danger to human 
                health or the environment for which there is no 
                other equitable remedy available under the law.
          (4) Timeline to act on court order.--If a court 
        remands a matter under paragraph (2), the court shall 
        set and enforce a reasonable schedule and deadline, 
        which may not exceed 180 days from the date on which 
        the court remands such matter, except as otherwise 
        required by law, for the Secretary or the State, as 
        applicable, to take such actions as the court may 
        order.
  [(t) Nothing in the section] (u) Savings Provision._Nothing 
in this section  shall preclude or deny the right of any State 
or interstate agency to control the discharge of dredged or 
fill material in any portion of the navigable waters within the 
jurisdiction of such State, including any activity of any 
Federal agency, and each such agency shall comply with such 
State or interstate requirements both substantive and 
procedural to control the discharge of dredged or fill material 
to the same extent that any person is subject to such 
requirements. This section shall not be construed as affecting 
or impairing the authority of the Secretary to maintain 
navigation.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *



              administrative procedure and judicial review

  Sec. 509. (a)(1) For purposes of obtaining information under 
section 305 of this Act, or carrying out section 507(e) of this 
Act, the Administrator may issue subpenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and he may administer oaths. 
Except for effluent data, upon a showing satisfactory to the 
Administrator that such papers, books, documents, or 
information or particular part thereof, if made public, would 
divulge trade secrets or secret processes, the Administrator 
shall consider such record, report, or information or 
particular portion thereof confidential in accordance with the 
purposes of section 1905 of title 18 of the United States Code, 
except that such paper, book, document, or information may be 
disclosed to other officers, employees, or authorized 
representatives of the United States concerned with carrying 
out this Act, or when relevant in any proceeding under this 
Act. Witnesses summoned shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States. In 
case of contumacy or refusal to obey a subpena served upon any 
person under this subsection, the district court of the United 
States for any district in which such person is found or 
resides or transacts business, upon application by the United 
States and after notice to such person, shall have jurisdiction 
to issue an order requiring such person to appear and give 
testimony before the Administrator, to appear and produce 
papers, books, and documents before the Administrator, or both, 
and any failure to obey such order of the court may be punished 
by such court as a contempt thereof.
  (2) The district courts of the United States are authorized, 
upon application by the Administrator, to issue subpenas for 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, for purposes of 
obtaining information under sections 304 (b) and (c) of this 
Act. Any papers, books, documents, or other information or part 
thereof, obtained by reason of such a subpena shall be subject 
to the same requirements as are provided in paragraph (1) of 
this subsection.
  (b)(1) Review of the Administrator's action (A) in 
promulgating any standard of performance under section 306, (B) 
in making any determination pursuant to section 306(b)(1)(C), 
(C) in promulgating any effluent standard, prohibition, or 
pretreatment standard under section 307, (D) in making any 
determination as to a State permit program submitted under 
section 402(b), (E) in approving or promulgating any effluent 
limitation or other limitation under sections 301, 302, 306, or 
405, (F) in issuing or denying any permit under [section 402, 
and] section 402, (G) in promulgating any individual control 
strategy under section 304(l), and (H) in issuing any criteria 
for water quality pursuant to section 304(a)(10), may be had by 
any interested person in the Circuit Court of Appeals of the 
United States for the Federal judicial district in which such 
person resides or transacts business which is directly affected 
by such action upon application by such person. Any such 
application shall be made within 120 days from the date of such 
determination, approval, promulgation, issuance or denial, or 
after such date only if such application is based solely on 
grounds which arose after such 120th day.
  (2) Action of the Administrator with respect to which review 
could have been obtained under paragraph (1) of this subsection 
shall not be subject to judicial review in any civil or 
criminal proceeding for enforcement.
          (3) Award of fees.--In any judicial proceeding under 
        this subsection, the court may award costs of 
        litigation (including reasonable attorney and expert 
        witness fees) to any prevailing or substantially 
        prevailing party whenever it determines that such award 
        is appropriate.
          (4) Discharges incidental to normal operation of 
        vessels.--
                  (A) In general.--Except as provided in 
                subparagraph (B), any interested person may 
                file a petition for review of a final agency 
                action under section 312(p) of the 
                Administrator or the Secretary of the 
                department in which the Coast Guard is 
                operating in accordance with the requirements 
                of this subsection.
                  (B) Venue exception.--Subject to section 
                312(p)(7)(C)(v), a petition for review of a 
                final agency action under section 312(p) of the 
                Administrator or the Secretary of the 
                department in which the Coast Guard is 
                operating may be filed only in the United 
                States Court of Appeals for the District of 
                Columbia Circuit.
  (c) In any judicial proceeding brought under subsection (b) 
of this section in which review is sought of a determination 
under this Act required to be made on the record after notice 
and opportunity for hearing, if any party applies to the court 
for leave to adduce additional evidence, and shows to the 
satisfaction of the court that such additional evidence is 
material and that there were reasonable grounds for the failure 
to adduce such evidence in the proceeding before the 
Administrator, the court may order such additional evidence 
(and evidence in rebuttal thereof) to be taken before the 
Administrator, in such manner and upon such terms and 
conditions as the court may deem proper. The Administrator may 
modify his findings as to the facts, or make new findings, by 
reason of the additional evidence so taken and he shall file 
such modified or new findings, and his recommendation, if any, 
for the modification or setting aside of his original 
determination, with the return of such additional evidence.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    We oppose H.R. 7023. This bill significantly restricts U.S. 
Environmental Protection Agency (EPA) and U.S. Army Corps of 
Engineers (Corps) oversight and regulatory authorities under 
the Clean Water Act (CWA). The Clean Water Act, enacted over 50 
years ago, is the nation's bedrock environmental law for 
``restoring and maintaining the chemical, physical, and 
biological integrity of the Nation's waters'' and water 
resources.
    However, the changes in H.R. 7023 defy the overarching 
intent of the Clean Water Act and gut the independent authority 
of both agencies to ensure that projects and activities are 
carried out with only minimal impacts to water resources. This 
partisan bill weakens CWA protections while providing 
exemptions, legal shields, and limited oversight for special 
interests, polluters, and large-scale projects that demand 
higher scrutiny.
    The bill disregards Congressional intent in establishing 
EPA's independent oversight authority over CWA permits; 
undermines permitting requirements; eliminates judicial review 
and public engagement; rolls back oversight of mining companies 
and industrial polluters; inadvertently slows down permit 
processing with increased bureaucracy and complicates state-
determined decisions.
    This legislation offers these anti-CWA changes as a salve 
to specific projects and grievances rather than a sustainable 
solution to permitting. Large-scale mining proposals, such as 
Pebble Mine in Alaska or Spruce Mine in West Virginia, or 
ecologically devastating flood control projects, such as the 
Yazoo Pumps in Mississippi, were blocked by bipartisan 
presidential administrations under the EPA's Section 404(c) 
authority once the impacts were thoroughly evaluated. Although 
EPA has utilized this authority very sparingly (only 14 times 
since its creation in 1972), H.R. 7023 will effectively 
eliminate the authority altogether.
    H.R. 7023 also seeks to alter the review of ``linear'' 
projects, which includes oil and gas pipelines, electrical 
transmission lines, and similar projects. These projects often 
span hundreds of miles and cross multiple state lines; however, 
H.R. 7023 will limit the consideration of the environmental 
impacts of these projects, in apparent violation of the Clean 
Water Act requirement that such projects have only a minimal 
cumulative adverse impact on the environment. The bill also 
prevents judicial review by vastly shortening the statute of 
limitations; limiting standing to file suit; and limiting the 
Court's options for recourse. In short, H.R. 7023 will 
greenlight large projects with minimal review while also 
limiting opportunities for legal challenges to ecologically 
damaging permits or projects.
    If this sounds familiar, that is because it is. The changes 
proposed in H.R. 7023 will remove opportunities for local 
communities to review and, where appropriate, challenge the 
ecological, economic, and public health effects of projects 
with potentially significant local impacts. H.R. 7023 seeks to 
allow private industry and development to steamroll through 
towns and states, constructing projects with minimal review and 
disregard of local perspectives. If H.R. 7023 is enacted, the 
potential adverse impacts to waterbodies (such as reduced water 
quality or availability); to the environment (such as increased 
greenhouse gas emissions or other contamination); and to 
residents (such as perpetuating environmental justice concerns) 
will be borne by the local and surrounding communities without 
a voice or venue to have their concerns heard.
    Lastly, H.R 7023 contradicts itself by slowing down 
permitting processes, sowing uncertainty, and decreasing 
flexibility. As one example, Section 2 of H.R. 7023 will add a 
formal rulemaking process in place of an existing and more 
efficient guidance process. This will slow down the issuance of 
water quality standards without increasing transparency or 
public participation and remove flexibility for updates. It 
will also open the standards to judicial review.
    The impacts of the CWA rollbacks in H.R. 7023 are 
exacerbated by the context in which this bill is considered. In 
May 2023, the U.S. Supreme Court's decision in Sackett v. EPA 
severely restricted the waters that are subject to CWA 
protections. It is estimated that the decision removed 
protection nationwide from at least 50% of wetlands, and at 
least 60% of streams. With a much smaller number of waters 
subject to permitting or CWA requirements, additional 
limitations, expediting, and loopholes to the process are the 
opposite of what Congress needs to be doing to protect our 
water resources. Exposing the waters and wetlands that remain 
under Clean Water Act protections to additional pollution or 
destruction will do nothing to restore and maintain water 
quality.
    During consideration of H.R. 7023, Committee Democrats 
sought to lessen the negative impacts of this legislation and 
require EPA to verify that the changes in the bill would not 
have negative impacts to water quality and availability issues 
that communities currently face nationwide.
    Representative Pat Ryan (NY) offered an amendment to delay 
the effective date of the bill until the EPA Administrator 
determines that the changes will not result in increased 
discharges of forever chemicals (such as PFAS) or nutrients 
that cause harmful algal blooms. Providing legal cover for 
chemicals in waste streams from mines or other industrial 
polluters and limiting technologies that could remove pollution 
could certainly lead to increased discharges and pollution 
levels. The amendment would have ensured that communities are 
not left with the environmental and economic burden of cleaning 
up and removing such pollutants.
    Representative Greg Stanton (AZ) offered an amendment to 
prohibit changes made by the bill from taking effect until the 
EPA Administrator determines that the bill will not result in 
contamination of state-designated drinking water sources, 
reduce surface water availability or reduce water quality in 
drought-prone areas. Additional fill activities or pollutants 
could severely limit public drinking water sources for 
communities in arid or drought-stricken areas.
    Representative Chris Pappas (NH) offered an amendment to 
require permittees to conduct proactive monitoring for emerging 
contaminants and forever chemicals at wastewater treatment 
plants in order to receive the permit shield offered under the 
legislation. Industrial polluters should not be incentivized to 
hide potential discharges of forever chemicals, such as PFAS 
pollution. Instead, we must work to identify and measure these 
chemicals in our waste streams.
    The Clean Water Act has been an effective tool for 
improving the health of our rivers, streams, lakes, and 
wetlands. Unfortunately, progress restoring impaired 
waterbodies has slowed and, in some areas, reversed. 
Communities face new challenges from emerging contaminants, 
impacts of climate change, and declines in Federal assistance. 
Waterbodies subject to the CWA have already shrunk 
significantly. H.R. 7023 ignores all these realities and 
provides additional loopholes for polluters, industry, and 
developers.
    In our view, this legislation is unnecessary, unwarranted, 
and a further attack on clean water nationwide. For these 
reasons, we oppose H.R. 7023.
                                   Rick Larsen,
                                           Ranking Member.
                                   Grace F. Napolitano,
                                           Ranking Member, Subcommittee 
                                               on Water Resources and 
                                               Environment.
                                   Eleanor Holmes Norton.
                                   Steve Cohen.
                                   Henry C. ``Hank'' Johnson, Jr.
                                   Andre Carson.
                                   Dina Titus.
                                   Jared Huffman.
                                   Julia Brownley.
                                   Frederica S. Wilson.
                                   Donald M. Payne, Jr.
                                   Mark DeSaulnier.
                                   Salud Carbajal.
                                   Jesus ``Chuy'' Garcia.
                                   Chris Pappas.
                                   Seth Moulton.
                                   Marilyn Strickland.
                                   Pat Ryan.
                                   Rob Menendez.
                                   Val Hoyle.
                                   Hillary Scholten.
                                   Valerie P. Foushee.