H.R. 7023 — 118th Congress

Creating Confidence in Clean Water Permitting Act

Originated in the House · Introduced Jan 17, 2024 · Environmental Protection

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118th Congress
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Latest action

Mar 22, 2024

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

CRS summary

As of Mar 21, 2024

Passed House

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. It also limits the issuance of permits under the act.

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. Finally, the bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years.

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.

Further, the bill also provides statutory authority for the EPA's decision to approve Florida's request to assume permitting authority from the Corps for the discharge of dredged or fill material. The decision, which was issued in 2020, was subsequently vacated in 2024 by the U.S. District Court for the District of Columbia.

The bill also 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.

Finally, the bill prohibits permits from being issued under Title IV of the Clean Water Act for any discharges from a point source that is owned or operated by certain foreign counties of concern and any subsidiaries of entities that are subject to the jurisdiction of such countries.

Congressional Research Service, via api.congress.gov (public domain)

Roll-call votes

3 on record
DateChamberQuestionMember pagesResult
Mar 21, 2024HouseOn PassagePassed (213–205)
Mar 21, 2024HouseOn Motion to RecommitFailed (205–213)
Mar 21, 2024HouseOn Agreeing to the AmendmentFailed (99–323)

Member pages currently show roll-call votes from the 119th Congress only. The “Member pages” column marks votes from that congress.