33 U.S.C. 1313(c)(1)changedby H.R. 3898 Sec. 2(a)
(1) The Governor of a State(A) The Governor of a State or the State water pollution control agency of such State shall from time to time (but at least once each three year period beginning with October 18, 1972) hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Results of such review shall be made available to the Administrator.
The bill says: by striking "The Governor of a State" and inserting "(A) The Governor of a State"; and
Bill text · Current law (33 U.S.C. 1313)
33 U.S.C. 1313(c)(1)changedby H.R. 3898 Sec. 2(a)
(1) The Governor of a State or the State water pollution control agency of such State shall from time to time (but at least once each three year period beginning with October 18, 1972) hold public hearings for the purpose of reviewing applicable water quality standards and, as appropriate, modifying and adopting standards. Results of such review shall be made available to the Administrator.
The bill says: by striking "Results of such review shall be made available to the Administrator." and inserting the following:
Bill text · Current law (33 U.S.C. 1313)
33 U.S.C. 1313(c)(2)(A)changedby H.R. 3898 Sec. 2(a)
…such waters based upon such uses. Such standards shall be such as to protect the public health or welfare, enhance the quality of water and serve the purposes of this chapter. Such standards shall be established taking into consideration (i) their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration their use and value for navigation.
The bill says: by inserting "(i)" before "their use and value for public water supplies";
Bill text · Current law (33 U.S.C. 1313)
33 U.S.C. 1313(c)(2)(A)changedby H.R. 3898 Sec. 2(a)
…of this chapter. Such standards shall be established taking into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other purposes, and also taking into consideration; (ii) their use and value for navigation.
The bill says: by striking ", and also taking into consideration" and inserting "; (ii)"; and
Bill text · Current law (33 U.S.C. 1313)
33 U.S.C. 1313(c)(2)(A)addedby H.R. 3898 Sec. 2(a)
The bill says: by inserting before the period at the end the following: "; and (iii) the cost and commercial availability in the United States of treatment technologies (including whether the technologies have been demonstrated at an applicable scale) that may be required to be applied to point sources in order to result in compliance with such standards".
Bill text · Current law (33 U.S.C. 1313)
33 U.S.C. 1314(a)added (10)by H.R. 3898 Sec. 2(b)
(10) Consideration of treatment technologies.— In developing or revising water quality criteria under this subsection, the Administrator shall take into consideration the cost and commercial availability in the United States of treatment technologies (including whether the technologies have been demonstrated at an applicable scale) that may be required to be applied to point sources in order to result in compliance with water quality standards adopted or promulgated under section 303.
The bill says: 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 new paragraph:
Bill text · Current law (33 U.S.C. 1314)
33 U.S.C. 1369(b)(1)changedby H.R. 3898 Sec. 3(b)
The bill says: by striking "section 402, and" and inserting "section 402,"; and
Bill text · Current law (33 U.S.C. 1369)
33 U.S.C. 1369(b)(1)changedby H.R. 3898 Sec. 3(b)
The bill says: by inserting "and (H) in issuing any criteria for water quality pursuant to section 304(a)(11)," after "strategy under section 304(l),".
Bill text · Current law (33 U.S.C. 1369)
33 U.S.C. 1314(b)(1)(B)changedby H.R. 3898 Sec. 4(1)
…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), the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale), and such other factors as the Administrator deems appropriate;
The bill says: in paragraph (1)(B), by inserting "the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale)," before "and such other factors";
Bill text · Current law (33 U.S.C. 1314)
33 U.S.C. 1314(b)(2)(B)changedby H.R. 3898 Sec. 4(2)
…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), the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale), and such other factors as the Administrator deems appropriate;
The bill says: in paragraph (2)(B), by inserting "the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale)," before "and such other factors"; and
Bill text · Current law (33 U.S.C. 1314)
33 U.S.C. 1314(b)(4)(B)changedby H.R. 3898 Sec. 4(3)
…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), the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale), and such other factors as the Administrator deems appropriate.
The bill says: in paragraph (4)(B), by inserting "the commercial availability in the United States of the technology (including whether the technology has been demonstrated at an applicable scale)," before "and such other factors".
Bill text · Current law (33 U.S.C. 1314)
33 U.S.C. 1341(a)(1)changedby H.R. 3898 Sec. 5(1)
(1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may resultmay directly result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution…
The bill says: in the first sentence, by striking "may result" and inserting "may directly result";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(1)changedby H.R. 3898 Sec. 5(1)
(1) Any applicant for a Federal license or permit to conduct any activitydischarge including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the…
The bill says: in the second sentence, by striking "activity" and inserting "discharge";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(1)changedby H.R. 3898 Sec. 5(1)
…of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371(c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all applicationsrequests for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applicationsrequests. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to…
The bill says: in the third sentence, by striking "applications" each place it appears and inserting "requests";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(1)changedby H.R. 3898 Sec. 5(1)
…In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsectiongrant the request for certification with or without conditions, deny the request for certification, or waive the requirement for certification under this subsection with respect to such Federal application, within a reasonable period of time to be determined by the licensing or permitting agency (which shall not exceed one year) after receipt of such request, the requirement for certification under this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or…
The bill says: in the fifth sentence, by striking "act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection" and inserting "grant the request for certification with or without conditions, deny the request for certification, or waive the requirement for certification under this subsection with respect to such Federal application, within a reasonable period of time to be determined by the licensing or permitting agency (which shall not exceed one year) after receipt of such request, the requirement for certification under this subsection";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(1)changedby H.R. 3898 Sec. 5(1)
…such request, the certification requirements of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentencewaived under this paragraph. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be.
The bill says: in the sixth sentence, by striking "waived as provided in the preceding sentence" and inserting "waived under this paragraph"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(1)addedby H.R. 3898 Sec. 5(1)
The bill says: by inserting after the fourth sentence the following: "Not later than 30 days after the date of enactment of the PERMIT Act, each State and interstate agency that has authority to give such a certification, and the Administrator, shall publish requirements for certification to demonstrate to such State, such interstate agency, or the Administrator, as the case may be, compliance with the applicable provisions of sections 301, 302, 303, 306, and 307. A decision to grant or deny a request for certification shall be based only on compliance with the applicable provisions of sections 301, 302, 303, 306, and 307, and the grounds for the decision shall be set forth in writing and provided to the applicant. Not later than 90 days after receipt of a request for certification, the State, interstate agency, or Administrator, as the case may be, shall identify in writing all specific additional materials or information necessary for the request for certification to be complete, as described in subsection (g). The State, interstate agency, or the Administrator, as the case may be, may grant a request for certification with or without conditions, deny a request for certification, or waive the requirement for certification under this subsection with respect to such Federal application.";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
…notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thirty days of the date of notice of application for such Federal license or permitreceipt of a notice under the preceding sentence shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as…
The bill says: in the second sentence, by striking "notice of application for such Federal license or permit" and inserting "receipt of a notice under the preceding sentence";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
The bill says: by striking "any water quality requirement in such State" and inserting "any water quality standard in effect for the State under section 303"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
The bill says: by inserting before the period "at a time that is agreed to by such State and the applicant";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
…Such agency, based upon the recommendations of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water quality requirements.ensure compliance with the applicable provisions of sections 301, 302, 303, 306, and 307. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit.
The bill says: in the fifth sentence, by striking "insure compliance with applicable water quality requirements." and inserting "ensure compliance with the applicable provisions of sections 301, 302, 303, 306, and 307.";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
…Such agency, based upon the recommendations of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insureensure compliance with applicable water quality requirements. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit.
The bill says: in the final sentence, by striking "insure" and inserting "ensure";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)changedby H.R. 3898 Sec. 5(1)
The bill says: by striking the first sentence and inserting "On receipt of a request for certification, the certifying State or interstate agency, as applicable, shall immediately notify the Administrator of the request."; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(2)addedby H.R. 3898 Sec. 5(1)
The bill says: by inserting after the second sentence the following: "If the Administrator determines under the preceding sentence that such a discharge will not affect the waters of any other State, no such notification is required.";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(3)changedby H.R. 3898 Sec. 5(1)
…is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be complianceany such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title because of changes since the construction license or permit certification was issued in (A) the construction or operation of the facility, (B) the…
The bill says: in the first sentence, by striking "there will be compliance" and inserting "any such discharge will comply"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(3)changedby H.R. 3898 Sec. 5(1)
(3) The certification obtained pursuant to paragraph (1) of this subsectionany applicable provision of section with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Federal license or permit required for the operation of such facility unless,…
The bill says: in the second sentence, by striking "section" and inserting "any applicable provision of section";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(4)changedby H.R. 3898 Sec. 5(1)
(4) Prior to the initial operation of any federally licensed or permitted facility or activity which may directly result in any discharge into the navigable waters and with respect to which a certification has been obtained pursuant to paragraph (1) of this subsection, which facility or activity is not subject to a Federal operating license or permit,…
The bill says: by inserting "directly" before "result in any discharge"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(4)changedby H.R. 3898 Sec. 5(1)
…shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Administrator to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violatedno applicable provision of section 301, 302, 303, 306, or 307 will be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facility or activity will violate applicable effluent limitations or…
The bill says: by striking "applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated" and inserting "no applicable provision of section 301, 302, 303, 306, or 307 will be violated";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(4)changedby H.R. 3898 Sec. 5(1)
…water quality requirements will not be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facility or activity will violate applicable effluent limitations or other limitations or other water quality requirementswill directly result in a discharge that violates an applicable provision of section 301, 302, 303, 306, or 307, such Federal agency may, after public hearing, suspend such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the…
The bill says: in the second sentence, by striking "will violate applicable effluent limitations or other limitations or other water quality requirements" and inserting "will directly result in a discharge that violates an applicable provision of section 301, 302, 303, 306, or 307,"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(4)changedby H.R. 3898 Sec. 5(1)
…such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the case may be, that there is reasonable assurance that such facility or activity will not violate the applicable provisionsoperation of such facility or activity will not directly result in a discharge that violates any applicable provision of section 1311, 1312, 1313, 1316, or 1317 of this title.
The bill says: in the third sentence, by striking "such facility or activity will not violate the applicable provisions" and inserting "operation of such facility or activity will not directly result in a discharge that violates any applicable provision"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(a)(5)changedby H.R. 3898 Sec. 5(1)
(5) Any Federal license or permit with respect to which a certification has been obtained under paragraph (1) of this subsection may be suspended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under this chapter that such facility or activity has been operated in violation of the applicable provisionsany applicable provision of section 1311, 1312, 1313, 1316, or 1317 of this title.
The bill says: in paragraph (5), by striking "the applicable provisions" and inserting "any applicable provision";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(b)changedby H.R. 3898 Sec. 5(2)
(b) Compliance with other provisions of law setting applicable water quality requirements. Nothing in this sectionExcept as provided in subsection (e), nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with any applicable water quality requirements. The Administrator shall, upon the request of any Federal…
The bill says: in subsection (b), by striking "Nothing in this section" and inserting "Except as provided in subsection (e), nothing in this section";
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341(d)changedby H.R. 3898 Sec. 5(3)
The bill says: in subsection (d), by striking "applicant for a Federal license or permit will comply with any applicable effluent limitations and other limitations, under section 301 or 302 of this Act, standard of performance under section 306 of this Act, or prohibition, effluent standard, or pretreatment standard under section 307 of this Act, and with any other appropriate requirement of State law set forth in such certification, and shall become a condition on any Federal license or permit subject to the provisions of this section" and inserting "discharge subject to this section will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, and any such limitations or requirements shall be imposed by the licensing or permitting agency as a condition on any Federal license or permit subject to the provisions of this section"; and
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1341added (e)by H.R. 3898 Sec. 5(4)
(e) Notwithstanding section 505, any condition imposed on a Federal license or permit by a licensing or permitting agency under this section may be enforced only by such licensing or permitting agency.(f) For purposes of this section, the applicable provisions of sections 301, 302, 303, 306, and 307 are any applicable effluent limitations and other limitations under section 301 or 302, any water quality standard in effect for a State under section 303, any standard of performance under section 306, and any prohibition, effluent standard, or pretreatment standard under section 307.(g) A request for certification under this section shall be made in writing to the State, interstate agency, or Administrator, as the case may be. A complete request for certification shall consist of the following:(1) Identification of each applicant for the Federal license or permit with respect to which the certification is requested.(2) A statement that information included in the request for certification is truthful, accurate, and complete, to the best knowledge of each such applicant.(3) In the case of a request for certification with respect to an individual permit or license—(A) identification of the Federal license or permit that is the subject of the application with respect to which the certification is requested;(B) identification of any activity the conduct of which is subject to such Federal license or permit;(C) identification of the location and nature of any discharge that may directly result from such activity, and the location of the receiving waters;(D) a description of means that may be used to monitor, control, or manage any such discharge; and(E) a list of all other Federal, interstate, Tribal, State, or local agency authorizations required for the conduct of such activity, and any approval or denial of such an authorization already received.(4) In the case of a request for certification with respect to the issuance of a general license or general permit—(A) identification of the proposed categories of activities to be covered by the general license or general permit for which certification is requested;(B) a description of the proposed general license or general permit, which may include a draft of the proposed general license or permit; and(C) an estimate of the number of discharges expected to result from the proposed general license or general permit annually.(h) Judicial review.—(1) Affected certification actions.— This subsection shall apply to any civil action for the review of a certification action with respect to an applicant for a license or permit—(A) for the construction or operation of facilities for the transmission of electric energy or energy fuels in interstate or foreign commerce; or(B) from the Federal Energy Regulatory Commission.(2) Standing and filing deadline.— Not withstanding any other provision of law, no court shall have jurisdiction to review a civil action under this subsection, except for a civil action filed not later than 30 days after the final action on the certification by—(A) the applicant; or(B) a person who has suffered, or likely and imminently will suffer, direct and irreparable economic harm from the authorization; provided that an organization or association satisfies this harm requirement only if each member of the organization or association satisfies the requirement.(3) Expedited consideration.—(A) The Court shall—(i) set any petition for review brought under this subsection for expedited consideration; and(ii) issue a final decision no later than 120 days after the filing of the civil action, unless the court finds extraordinary circumstances, in which the Court may take up to 60 additional days to issue a final decision.(B) Failure to comply with deadline.— If the civil action concerns a certification that has been granted, the Court’s failure to issue a final decision in compliance with the deadlines in subparagraph (A) shall mean the civil action is denied with prejudice.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1341)
33 U.S.C. 1342(a)added (6)by H.R. 3898 Sec. 6
(6) General permits.—(A) Permits authorized.— The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities, which discharges are of similar types and from similar sources.(B) Permit expiration notification requirement.— 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.(C) Application of permit terms of an expired permit.—(i) In general.— If a general permit issued under this section expires and the Administrator has not published a notice in accordance with subparagraph (B), the Administrator shall, until the date described in clause (ii)—(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.(ii) Date described.— The date described in this clause is the earlier of—(I) the date on which the Administrator issues a new general permit for discharges similar to those covered by the expired general permit; or(II) the date that is two years after the date on which the Administrator publishes in the Federal Register a notice of a decision not to issue a new general permit for discharges similar to those covered by the expired general permit.
The bill says: 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:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(b)(1)(B)changedby H.R. 3898 Sec. 7
(B) are for fixed terms not exceeding five yearsten years; and
The bill says: Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by striking "five years" and inserting "ten years".
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(k)changedby H.R. 3898 Sec. 8(a)
(k) Compliance with permits. Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any standard imposed…
The bill says: by striking "(k) Compliance with" and inserting the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(k)added (2)by H.R. 3898 Sec. 8(a)
(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.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342added (t)by H.R. 3898 Sec. 8(b)
(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 a limitation that—(1) specifies the pollutant to which it applies; and(2) clearly describes the manner in which compliance with the limitation may be achieved, which shall include—(A) a numerical limit on the discharge of such pollutant;(B) a narrative description of required actions to be applied to the discharge (including any measures or practices required to be applied); or(C) a narrative description of a limitation on the discharge that specifies the level of control to be applied.
The bill says: Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(l)(3)(A)changedby H.R. 3898 Sec. 9(1)
(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.
The bill says: by striking "for a discharge from" and inserting the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(l)(3)(A)(i)changedby H.R. 3898 Sec. 9(2)
The bill says: in clause (i) (as so designated), by striking the period at the end and inserting "; or"; and
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(l)(3)(A)added (ii)by H.R. 3898 Sec. 9(3)
(ii) a discharge resulting from the aerial application of a product used for fire control and suppression purposes that appears on the most current Forest Service Qualified Products List (or any successor list).
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1342(l)added (4)by H.R. 3898 Sec. 10
(4) Agricultural stormwater discharge.—(A) In general.— The Administrator shall not require a permit, nor directly or indirectly require any State to require a permit, under this section for discharges of stormwater, including from subsurface drainage, from agricultural land that occur in direct response to a precipitation event.(B) Agricultural land defined.— In this paragraph, the term agricultural land includes—(i) land on which an agricultural input (such as manure and other crop nutrients, crop protection, or seed) is applied;(ii) land on which animals (including fish and shellfish), crops (including fruit and nut trees), crop residue, plants, seed, or vegetation are present for purposes of farming or ranching; and(iii) land that is—(I) immediately adjacent to, and functionally related to, land described in clause (i) or (ii); and(II) necessary to support agricultural production, soil conservation, flood control, or water quality.
The bill says: Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following:
Bill text · Current law (33 U.S.C. 1342)
33 U.S.C. 1344(c)changedby H.R. 3898 Sec. 12(a)
(c) Specification or use of defined area.—(1) In general.— The Administrator
The bill says: by striking "(c) The Administrator" and inserting the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(c)(1)changedby H.R. 3898 Sec. 12(a)
The bill says: 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
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(c)added (2)by H.R. 3898 Sec. 12(a)
(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.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(e)changedby H.R. 3898 Sec. 13(a)
(e) General permits.—(1) Permits authorized.— In carrying
The bill says: by striking "(e)(1) In carrying" and inserting the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(e)(2)changedby H.R. 3898 Sec. 13(a)
(2) No general(2) Term.— No general permit issued under this subsection shall be for a period of more than five 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.
The bill says: by striking "(2) No general" and inserting the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(e)(2)changedby H.R. 3898 Sec. 13(a)
(2) No general permit issued under this subsection shall be for a period of more than five yearsten 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.
The bill says: by striking "five years" and inserting "ten years"; and
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(e)added (3)by H.R. 3898 Sec. 13(a)
(3) Considerations.— In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary—(A) shall consider only the effects of any discharge of dredged or fill material resulting from such activity;(B) shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect; and(C) may consider any effects of a discharge of dredged or fill material into 3 acres or more of navigable waters to be a minimal adverse environmental effect.(4) Nationwide permits for linear projects.—(A) In general.— Notwithstanding any other provision of this section, the Secretary shall maintain general permits on a nationwide basis for—(i) linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project; and(ii) linear pipeline projects that do not result in the loss of navigable waters in an amount that is greater than 0.5 acres for each single and complete project.(B) Definitions.— In this paragraph:(i) Linear infrastructure project.— 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 facilities for the transmission from a point of origin to a terminal point of communications or electricity, or for the transportation from a point of origin to a terminal point of people, water, or wastewater.(ii) Linear pipeline project.— The term linear pipeline project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide, fuel, or hydrocarbons, in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid, including oil and gas pipeline facilities.(iii) Single and complete project.— The term single and complete project has the meaning given that term in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).(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.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(g)renumberedby H.R. 3898 Sec. 14(1)
The bill says: by redesignating paragraph (3) as paragraph (4); and
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(g)added (3)by H.R. 3898 Sec. 14(1)
(3) If the Administrator determines that additional information is necessary for the description of a program submitted by a State to be full and complete under paragraph (1), the Administrator shall, not later than 45 days after the date of the receipt of the program and statement submitted by the State under such paragraph, submit to the State a written request for all such information.
The bill says: by inserting after paragraph (2) the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(h)(1)changedby H.R. 3898 Sec. 14(2)
(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 subsectionsubsection (g)(1), 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…
The bill says: in subsection (h)(1), by striking "paragraph (1) of this subsection" and inserting "subsection (g)(1)".
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344renumberedby H.R. 3898 Sec. 15(1)
The bill says: by redesignating subsection (t) as subsection (u);
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344(u)changedby H.R. 3898 Sec. 15(2)
The bill says: in subsection (u), as so redesignated, by striking "Nothing in the section" and inserting "Savings provision.—Nothing in this section"; and
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1344added (t)by H.R. 3898 Sec. 15(3)
(t) Judicial review.—(1) Statute of limitations.— Notwithstanding any applicable provision of law relating to statutes of limitations—(A) an action seeking judicial review of the approval by the Administrator of a State permit program pursuant to this section shall be filed not later than the date that is 60 days after the date on which the approval was issued;(B) an action seeking judicial review of an individual permit 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(C) an action seeking judicial review of a verification that an activity involving a discharge of dredged or fill material 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.(2) Limitation on commencement of certain actions.— Notwithstanding any other provision of law, no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action—(A) is filed by a party that submitted a comment—(i) during the public comment period for the administrative proceedings related to the action; and(ii) which was sufficiently detailed to put the Administrator, 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) Remedies.—(A) Actions relating to permit programs.— If a court determines that the Administrator did not comply with the requirements of this section in issuing an approval of a State permit program pursuant to this section—(i) the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and(ii) the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under such State permit program.(B) Actions relating to permits.— 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 involving a discharge of dredged or fill material is authorized by a general permit issued under this section, as applicable—(i) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court;(ii) 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(iii) with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, the court may not enjoin or otherwise limit the discharge 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 (3), 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 Administrator, the Secretary, or the State, as applicable, to take such actions as the court may order.
The bill says: by inserting after subsection (s) the following:
Bill text · Current law (33 U.S.C. 1344)
33 U.S.C. 1362(7)changedby H.R. 3898 Sec. 20(1)
(7) The term "navigable waters" means the waters of the United States, including the territorial seas.
The bill says: by striking "(7) The term" and inserting the following:
Bill text · Current law (33 U.S.C. 1362)
33 U.S.C. 1362(7)added (B)by H.R. 3898 Sec. 20(2)
(B) Exclusions.— The term navigable waters does not include the following:(i) Any component of a waste treatment system, including any lagoon or treatment pond (such as a settling or cooling pond), designed to actively or passively—(I) convey or retain wastewater; or(II) concentrate, settle, reduce, or remove pollutants from wastewater.(ii) Ephemeral features that flow only in direct response to precipitation.(iii) Any area that—(I) prior to December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making production of an agricultural product possible, as determined by the Administrator and the Secretary of the Army, acting through the Chief of Engineers, which determinations shall be consistent with any designations of prior converted cropland made by the Secretary of Agriculture; and(II) as determined by the Administrator—(aa) at least once in the immediately preceding ten years has been used for, or in support of, agricultural purposes, including grazing, haying, idling land for conservation use (such as habitat management, pollinator and wildlife management, water storage and supply management, and flood management), irrigation tailwater storage, farm-raised fish production, cranberry production, nutrient retention, and idling land for soil recovery after natural disasters such as hurricanes and drought; and(bb) has not reverted to wetlands (as defined in section 120.2 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this clause).(iv) Groundwater.(v) Any other features determined to be excluded by the Administrator and the Secretary of the Army, acting through the Chief of Engineers.
The bill says: by adding at the end the following:
Bill text · Current law (33 U.S.C. 1362)
33 U.S.C. 1361(b)(1)(B)changedby H.R. 3898 Sec. 21(1)
The bill says: in paragraph (1)(B), by striking "20,000" and inserting "42,000";
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(b)rewrittenby H.R. 3898 Sec. 21(1)
The bill says: by amending paragraph (2)(A) to read as follows:
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(b)(3)rewrittenby H.R. 3898 Sec. 21(1)
The bill says: by amending subparagraph (A) to read as follows:
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(b)(3)(B)changedby H.R. 3898 Sec. 21(1)
The bill says: in subparagraph (B), by striking "; and" and inserting a period; and
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(b)removedby H.R. 3898 Sec. 21(1)
The bill says: by striking paragraph (4);
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(c)(2)(A)(i)changedby H.R. 3898 Sec. 21(2)
The bill says: in clause (i), by striking "1,000" and inserting "1,320"; and
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361(c)(2)(A)(ii)changedby H.R. 3898 Sec. 21(2)
The bill says: in clause (ii), by striking "2,500" and inserting "3,000"; and
Bill text · Current law (33 U.S.C. 1361)
33 U.S.C. 1361removedby H.R. 3898 Sec. 21(3)
The bill says: by striking subsection (d).
Bill text · Current law (33 U.S.C. 1361)