[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3902 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3902
To direct the Administrator of the Environmental Protection Agency to
review the regulations applicable to the approval of State permit
programs under section 404 of the Federal Water Pollution Control Act,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 11, 2025
Mr. Patronis introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Environmental Protection Agency to
review the regulations applicable to the approval of State permit
programs under section 404 of the Federal Water Pollution Control Act,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Federalism in Clean Water
Permitting Act''.
SEC. 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.
SEC. 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) 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.''.
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