Sponsors
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by David J. Taylor
Referred to the House Committee on Transportation and Infrastructure.
Changes how compliance with clean water permits is defined and requires clearer, pollutant‑specific water quality‑based limits in permits. Meeting the conditions of a permit will count as compliance for listed pollutants even if the permit does not include a numeric limit, and any water quality‑based effluent limit must identify the pollutant and explain how a permittee can comply — either by a numeric limit or by a described set of actions.
Amend Section 402(k) of the Federal Water Pollution Control Act (33 U.S.C. 1342(k)) by replacing the existing text for the heading and paragraph (1) to introduce a new structure for “Compliance with permits” (k)(1). The new (k)(1) begins: “Subject to paragraph (2), compliance with; and”.
Add a new paragraph (k)(2) titled “Scope” stating that, for purposes of paragraph (1), compliance with the conditions of a permit counts as compliance with respect to a discharge of: (A) any pollutant for which an effluent limitation is included in the permit; and (B) any pollutant for which an effluent limitation is not included in the permit that is (i) specifically identified as controlled or monitored through indicator parameters in the permit, the fact sheet for the permit, or the administrative record; (ii) specifically identified during the permit application process as present in discharges covered by the permit; or (iii) whether or not specifically identified in the permit or application, (I) present in any waste streams or processes of the point source that are specifically identified during the permit application process; or (II) otherwise within the scope of any operations of the point source that are specifically identified during the permit application process.
Make technical wording corrections to Section 402(l)(3) (33 U.S.C. 1342(l)(3)): in subparagraph (B) change “section 402” to “this section” and change “federal” to “Federal”; in subparagraph (C) change “Section” to “section”, change “402(p)(6)” to “subsection (p)(6)”, change “402(l)(3)(A),” to “subparagraph (A),” and change “402(l)(3)(A).” to “such subparagraph.”.
Add a new subsection (t) to Section 402 (33 U.S.C. 1342) titled “Expression of water quality-Based effluent limitations.” It authorizes the Administrator (or a State, for a permit program approved by the Administrator) to include a water quality-based limitation in a permit only if the limitation (1) specifies the pollutant to which it applies; and (2) clearly describes the manner in which compliance may be achieved, which must include either (A) a numerical limit on the discharge of that pollutant; or (B) a narrative description of required actions (including any measures or practices required to be applied).
Who is affected and how:
Point source dischargers (municipal sewage plants, industrial facilities): Directly affected. They may be able to demonstrate compliance by following permit conditions or action plans even when a numeric limit is not present, but may also face new documentation or operational requirements to show they followed the described actions.
Permit writers and permitting agencies (EPA regional offices and delegated State agencies): Must draft permits that explicitly name pollutants subject to water quality‑based limits and specify either numeric limits or clear narratives describing how to comply. This will likely increase time spent on permit development and require careful drafting to avoid ambiguity.
State governments (where NPDES authority is delegated): Will need to adopt the clarified drafting approach in state-issued permits and may adjust permitting templates and guidance.
Public water systems and communities downstream: Indirectly affected through potential changes in the form of limits used to protect receiving waters; impacts on water quality will depend on how narrative limits are written and enforced.
Environmental advocacy groups and regulated‑industry stakeholders: Could see changes in enforcement cases and litigation strategies because the law makes explicit that compliance with permit conditions can satisfy obligations even when numeric limits are not present.
Overall effect: