Current status is Referred to the Subcommittee on Water Resources and Environment.

119th CONGRESS

1st Session

H. R. 3902

1. Short title
2. State assumption of section 404 permit program regulation review
3. Judicial review timeline clarity

1. Short title

This Act may be cited as the "Restoring Federalism in Clean Water Permitting Act".

2. State assumption of section 404 permit program regulation review

Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall complete a review of the regulations applicable to the approval of State permit programs under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) in order to identify revisions to such regulations necessary to streamline the approval process, reduce administrative burdens, and encourage additional States to administer a permit program under such section, and the Administrator shall implement any such revisions as appropriate.

3. 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) Judicial review - by inserting after subsection (s) the following:

(t) Judicial review -

(1) Statute of limitations - Notwithstanding any applicable provision of law relating to statutes of limitations, 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.

(2) Limitation on commencement of certain actions - Notwithstanding any other provision of law, no action described in 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 such action; and

(ii) - which was sufficiently detailed to put the Administrator 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 Administrator did not comply with the requirements of this section in issuing an approval of a State permit program pursuant to this section—

(A) - the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and

(B) - the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under such State permit program, unless the court finds that activities authorized under any permit issued under the program 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 Administrator to take such actions as the court may order.