H.R. 3902: Restoring Federalism in Clean Water Permitting Act

This bill, titled the Restoring Federalism in Clean Water Permitting Act, aims to revise how states can manage permits for certain water-related projects under the Clean Water Act. The main objectives of the bill are as follows:

State Permit Program Review

The bill mandates that within 180 days of its enactment, the Administrator of the Environmental Protection Agency (EPA) must review the regulations governing state permit programs for water pollution control, specifically those under Section 404 of the Federal Water Pollution Control Act. This review should focus on:

• Identifying necessary revisions to streamline the permit approval process.
• Reducing administrative burdens faced by states.
• Encouraging more states to administer their own permit programs.

After identifying the necessary revisions, the Administrator is required to implement these changes as appropriate.

Judicial Review Adjustments

The bill also proposes changes to the judicial review process related to state permit program approvals. Key changes include:

• Establishing a 60-day deadline for filing lawsuits challenging the approval of a state permit program once it has been issued.
• Requiring that only parties who submitted detailed comments during the public comment period for the approval can seek judicial review, and their lawsuits must relate to those comments.
• Clearly defining the court's remedies in cases where a state permit approval does not comply with the required regulations. Courts are instructed to remand the case back to the Administrator for further proceedings rather than revoking the state's authority to issue permits unless there is imminent and substantial danger to human health or the environment.
• The bill requires courts to establish a schedule for the Administrator to act on any remands, limiting the timeframe to a maximum of 180 days.

Implications

In summary, this bill seeks to facilitate and promote state management of water pollution permits by revising EPA regulations and providing clearer pathways for judicial review. The intent appears to be fostering a more efficient permitting process at the state level while maintaining safeguards for public health and environmental protection.

Relevant Companies

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