{"format":1,"id":"118-hr-7023","congress":118,"number":"H.R. 7023","kind":"bill","group":"bills","title":"Creating Confidence in Clean Water Permitting Act","title_source":"Short Title(s) as Passed House","official_title":"To amend section 404 of the Federal Water Pollution Control Act to codify certain regulatory provisions relating to nationwide permits for dredged or fill material, and for other purposes.","titles":[{"type":"Official Title as Introduced","title":"To amend section 404 of the Federal Water Pollution Control Act to codify certain regulatory provisions relating to nationwide permits for dredged or fill material, and for other purposes."},{"type":"Short Titles from RFS (Referred to Senate) bill text","title":"Creating Confidence in Clean Water Permitting Act"},{"type":"Display Title","title":"Creating Confidence in Clean Water Permitting Act"},{"type":"Short Title(s) as Introduced","title":"Nationwide Permitting Improvement Act"},{"type":"Short Title(s) as Reported to House","title":"Creating Confidence in Clean Water Permitting Act"},{"type":"Short Title(s) as Passed House","title":"Creating Confidence in Clean Water Permitting Act"},{"type":"Official Titles as Amended by House","title":"To amend the Federal Water Pollution Control Act to provide regulatory and judicial certainty for regulated entities and communities, increase transparency, and promote water quality, and for other purposes."}],"outcome":"passed_house","law_number":null,"introduced":"2024-01-17","chambers":{"house":{"status":"roll_call","date":"2024-03-21","vote":{"id":"118-2024-h101","question":"On Passage","title":"Creating Confidence in Clean Water Permitting Act","result":"Passed","yea":213,"nay":205,"present":0,"not_voting":14,"source":"https://clerk.house.gov/evs/2024/roll101.xml"}},"senate":{"status":"na","date":null,"vote":null}},"president":{"status":"na","date":null},"vice_president_tie_breaker":null,"latest_action":{"text":"Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.","date":"2024-03-22"},"nominees":null,"amendments":[{"number":"H.Amdt. 874","sponsor":"Rep. Graves, Garret [R-LA-6]","purpose":"Amendment sought to limit the authorization for certain linear infrastructure projects if federal expenses turn out to exceed their predicted cost.","result":"Failed","date":"2024-03-21","yea":99,"nay":323,"present":0,"not_voting":15,"source":"https://clerk.house.gov/evs/2024/roll099.xml"}],"other_votes":[{"chamber":"house","date":"2024-03-21","question":"On Agreeing to the Amendment","title":"","result":"Failed","yea":99,"nay":323,"present":0,"not_voting":15,"kind":"amendment","source":"https://clerk.house.gov/evs/2024/roll099.xml"},{"chamber":"house","date":"2024-03-21","question":"On Motion to Recommit","title":"Creating Confidence in Clean Water Permitting Act","result":"Failed","yea":205,"nay":213,"present":0,"not_voting":13,"kind":"procedural","source":"https://clerk.house.gov/evs/2024/roll100.xml"}],"crs_summary":{"date":"2024-03-21","stage":"Passed House","blocks":[{"k":"h","t":"Creating Confidence in Clean Water Permitting Act"},{"k":"p","t":"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."},{"k":"p","t":"First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."},{"k":"p","t":"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."}],"words":468},"summary":{"main_subject":{"text":"Amends the Federal Water Pollution Control Act's provisions on pollutant discharge permits and on dredged or fill material permits, including nationwide permits, EPA review authority, and judicial review of permits.","cites":[{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H747219D0B63545C9AC54732982B48185"},{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HFB8D1B6EE1654C73805328A2F3B76F32"},{"label":"Sec. 5","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HBD91F0D4500C4A56AD5EAF20CF12119E"},{"label":"Sec. 6","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H9B55F7CBF09D4BABB8411047E71F483A"},{"label":"Sec. 7","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HC739634492964ED395A94A23322CA27A"},{"label":"Sec. 8","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H8F593333A7CD424893112870004C8A06"}]},"core_areas":["Nationwide and general permits for dredged or fill material under section 404","Environmental Protection Agency authority over disposal site specification under section 404(c)","Judicial review deadlines and remedies for section 404 permits","National Pollutant Discharge Elimination System general permits, permit terms and compliance with permits","Water quality criteria rulemaking","Implementation guidance on the definition of waters of the United States"],"what_it_does":[{"text":"Sets the period during which the EPA Administrator may prohibit, deny, restrict or withdraw a disposal site specification: it begins when an applicant submits all information required to complete a permit application and ends when the Secretary issues the permit.","cite":{"label":"Sec. 6","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H9B55F7CBF09D4BABB8411047E71F483A"}},{"text":"Changes the maximum term of a general permit for dredged or fill material from five years to ten years.","cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HC739634492964ED395A94A23322CA27A"}},{"text":"Requires the Secretary to maintain nationwide general permits for linear infrastructure projects that do not result in the loss of greater than ½-acre of waters of the United States for each single and complete project.","cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HC739634492964ED395A94A23322CA27A"}},{"text":"Requires that an action seeking judicial review of a section 404 permit or a verification under a general permit be filed within 60 days, and limits a court's authority to vacate, revoke or enjoin a permit unless it finds an imminent and substantial danger to human health or the environment.","cite":{"label":"Sec. 8","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H8F593333A7CD424893112870004C8A06"}},{"text":"Authorizes the EPA Administrator to issue general permits for discharges of similar types from similar sources, and requires two years' notice in the Federal Register before a general permit expires without replacement.","cite":{"label":"Sec. 3","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H747219D0B63545C9AC54732982B48185"}},{"text":"Allows permits issued to a State or municipality to have fixed terms not exceeding 10 years, and keeps a limit of 5 years for permits issued to any other person.","cite":{"label":"Sec. 4","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HFB8D1B6EE1654C73805328A2F3B76F32"}}],"unexpected":[{"category":"off_subject","items":[{"cite":{"label":"Sec. 11","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H6A96CD9C988B4E338BB5C020597E3CF7"},"heading":"Rule of construction","effect":"Provides that nothing in the Act affects the ban on oil and gas development in the Great Lakes described in section 386 of the Energy Policy Act of 2005.","amount":null,"quote":"may be construed as affecting the ban on oil and gas development in the Great Lakes described in section 386 of the Energy Policy Act of 2005"},{"cite":{"label":"Sec. 12","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HD810AF0FFE0549AC9EE55E245E70DE67"},"heading":"Report on Corps staffing needs","effect":"Requires EPA and the Army Corps of Engineers to report to Congress within 60 days on staffing needs for processing permits under the Federal Water Pollution Control Act and the effect of funding additional full-time employees on processing timelines.","amount":null,"quote":"a report on— (1) the staffing needs of the Environmental Protection Agency and the Corps of Engineers to process applications for, and issue, permits"},{"cite":{"label":"Sec. 13","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H5BBE343FEC6E429EB7A39A088A3A7462"},"heading":"Savings clause relating to PFAS","effect":"Provides that nothing in the Act affects the EPA Administrator's authority to conduct research on perfluoroalkyl and polyfluoroalkyl substances.","amount":null,"quote":"shall affect the authority of the Administrator of the Environmental Protection Agency to conduct research on perfluoroalkyl and polyfluoroalkyl substances."}]},{"category":"selective_carve_out","items":[{"cite":{"label":"Sec. 14","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H22A30C5C78E94704B0598B6390FD3D09"},"heading":"Approval of Florida permit program","effect":"Gives the force and effect of law to the EPA notice of December 22, 2020 approving the State of Florida's request to carry out a section 404 dredged or fill material permit program.","amount":null,"quote":"approving the State of Florida’s request to carry out a permit program for the discharge of dredged or fill material pursuant to section 404"}]},{"category":"rule_delay","items":[{"cite":{"label":"Sec. 7","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#HC739634492964ED395A94A23322CA27A"},"heading":"Nationwide permitting improvement","effect":"Bars the Secretary of the Army from finalizing or implementing modifications to general condition 15 and the definitions of single and complete project and single and complete linear project in the nationwide permit rules. Also exempts reissuance of nationwide permits from certain Endangered Species Act consultations.","amount":null,"quote":"may not finalize or implement any modification to— (1) general condition 15 (relating to single and complete projects)"}]},{"category":"unnamed_target","items":[{"cite":{"label":"Sec. 9","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh#H3FAC2562024E42C6B2852A94BF800DAE"},"heading":"Limitation on permit issuance","effect":"Prohibits issuing any permit under Title IV of the Federal Water Pollution Control Act for discharges from a point source owned or operated by an entity subject to the jurisdiction of a foreign country of concern, or a subsidiary of such an entity.","amount":null,"quote":"No permit may be issued under this title for any discharge from a point source that is owned or operated by an entity that—"}]}],"version":{"type":"Engrossed in House","date":"2024-03-21","rule":"passed","href":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text/eh"},"current":true,"model":"claude-sonnet-5-5","approved":"2026-10-02","approved_by":"checks"},"sources":{"congress_gov":"https://www.congress.gov/bill/118th-congress/house-bill/7023","text":"https://www.congress.gov/bill/118th-congress/house-bill/7023/text"},"card":{"image":"card/item/118-hr-7023.png","v":"c6a6681e4bf4","alt":"Votes on Record. H.R. 7023, 118th Congress: Creating Confidence in Clean Water Permitting Act. House: 213 Yea, 205 Nay. Outcome: Passed House, 21 Mar 2024."}}