H.R. 3927: Nationwide Permitting Improvement Act

This legislation, known as the Nationwide Permitting Improvement Act, aims to amend the Federal Water Pollution Control Act, specifically targeting the permits required for discharging dredged or fill material into navigable waters. The bill includes several key changes:

General Permitting Improvements

The bill modifies Section 404(e) of the Federal Water Pollution Control Act, which governs general permits for the discharge of dredged or fill material:

• Permit Duration: It extends the term for general permits from five years to ten years.
• Environmental Considerations: It focuses on the effects of dredged or fill material discharges, stating that impacts from discharges affecting less than three acres of navigable waters will be considered as minimal adverse effects.

Nationwide Permits for Linear Infrastructure Projects

The bill establishes general permits on a nationwide basis for linear infrastructure projects. These are defined as construction or maintenance activities for communication, electricity, transportation (including pipelines), and water management that involve less than three acres of navigable waters. This allows for more straightforward approvals for these types of projects.

Consultation Requirements

To expedite the process of reissuing general permits, the bill specifies that:

• No consultation with states is necessary under the Endangered Species Act for general permits.
• No consultation with federal agencies is required either.
• The National Environmental Policy Act will only require an environmental assessment for general permits, rather than a full environmental impact statement.

Regulatory Revisions

The Secretary of the Army, through the Chief of Engineers, is tasked with revising regulations to speed up the process for issuing these general permits, facilitating more efficient and consistent implementation of Section 404(e).

Management of the Nationwide Permit Program

The Secretary is restricted from finalizing or implementing certain definitions and modifications related to general conditions from past regulations, ensuring that certain criteria and project classifications remain intact as the new regulations are developed.

Relevant Companies

• ET (Energy Transfer): This company, involved in the transportation of natural gas and other hydrocarbon products, may see a reduction in regulatory hurdles for pipeline projects due to the bill’s provisions on linear infrastructure projects.
• OKE (ONEOK): As a major service provider of natural gas and natural gas liquids, changes in permitting can facilitate faster project implementation.
• DOV (Dover Corporation): Engaged in manufacturing and providing advanced equipment for various industrial applications, the company could benefit from faster construction timelines for facilities utilizing dredged materials.