Creating Confidence in Clean Water Permitting Act

Creating Confidence in Clean Water Permitting Act

This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States.

First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule.

Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then discharges under the expired permit may continue until a new permit is issued.

Additionally, the bill modifies the permitting program of the EPA and the U.S. Corps of Engineers that regulates the discharge of dredged or fill material into waters of the United States. For example, the bill limits the EPA's veto authority to restrict, prohibit, deny, or withdraw the specification by the Corps of a site for the discharge of dredged or fill material into waters of the United States. The bill also modifies requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the Corps from certain consultation and environmental review requirements when reissuing nationwide general permits.

Finally, the bill directs the EPA and the Corps to begin a process to issue guidance on the implementation of the 2023 final rule titled Revised Definition of "Waters of the United States"; Conforming and stipulates the guidance must comply with the decision of the Supreme Court in Sackett v. EPA.

Nationwide Permitting Improvement Act

This bill revises the permit process for discharging dredged or fill material into waters of the United States under the Clean Water Act.

Under the existing act, two types of discharge permits may be issued: general permits or individual permits. General permits may be issued on a state, regional, or nationwide basis for categories of activities involving discharges of dredged or fill material that are similar in nature even though the discharges may be from multiple dischargers. General permits may include activities that cause only minimal adverse environmental effects. Individual permits may be issued for more significant activities.

This bill directs the U.S. Corps of Engineers—when determining whether the environmental effects of a category of activities are minimal and whether to issue or revoke general permits—to consider only the effects of the discharges of dredged or fill material from such activities.

Next, the bill extends the maximum term for a general permit from a period of 5 years to 10 years.

The bill also directs the Corps of Engineers to maintain a nationwide general permit for certain linear infrastructure projects (e.g., oil or gas pipelines) that do not result in the loss of greater than half an acre of waters of the United States for each single and complete project. Additionally, the bill exempts the Corps of Engineers from certain consultation and environmental review requirements when reissuing nationwide general permits. Finally, the bill prohibits the Corps of Engineers from finalizing or implementing certain modifications to such permits.