119th CONGRESS 1st Session
To amend the Federal Water Pollution Control Act to make targeted reforms with respect to waters of the United States and other matters, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES · June 11, 2025 · Sponsor: Mr. Collins · Committee: Committee on Transportation and Infrastructure
- (a) Short title
- This Act may be cited as the or the .
- (b) Table of contents
- (a) State water quality standards
- Section 303(c) () of the Federal Water Pollution Control Act is amended— 33 U.S.C. 1313(c)
- in paragraph (1)—
- by striking and inserting ; and
- by striking and inserting the following:
- Reviews under this paragraph shall include review, for purposes of ensuring that combined sewer overflow controls are cost effective, of any water quality standard applicable to a body of water into which, pursuant to a permit, order, or decree issued pursuant to this Act, a municipal combined storm and sanitary sewer discharges.
- Results of each review under this paragraph shall be made available to the Administrator.
- in paragraph (2)(A)—
- by inserting before ;
- by striking and inserting ; and
- by inserting before the period at the end the following: .
- (b) State water quality criteria
- Section 304(a) of the Federal Water Pollution Control Act () is amended by adding at the end the following new paragraph: 33 U.S.C. 1314(a)
- (10) Consideration of treatment technologies
- In developing or revising water quality criteria under this subsection, the Administrator shall take into consideration the cost and commercial availability in the United States of treatment technologies (including whether the technologies have been demonstrated at an applicable scale) that may be required to be applied to point sources in order to result in compliance with water quality standards adopted or promulgated under section 303.
- (a) Information and guidelines
- Section 304(a) of the Federal Water Pollution Control Act () is further amended by adding at the end the following: 33 U.S.C. 1314(a)
- (11) Administrative procedure
- After the date of enactment of this paragraph, the Administrator shall issue any new or revised water quality criteria under paragraph (1) or (9) by rule.
- (b) Administrative procedure and judicial review
- Section 509(b)(1) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1369(b)(1)
- by striking
section 402, andand inserting section 402,; and
- by inserting after .
Section 304(b) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1314(b)
- in paragraph (1)(B), by inserting before ;
- in paragraph (2)(B), by inserting before ; and
- in paragraph (4)(B), by inserting before .
Section 401 of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1341
- in subsection (a)—
- in paragraph (1)—
- (i) in the first sentence, by striking
may resultand inserting may directly result;
- (ii) in the second sentence, by striking
activityand inserting discharge;
- (iii) in the third sentence, by striking each place it appears and inserting
requests;
- (iv) in the fifth sentence, by striking
act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsectionand inserting grant the request for certification with or without conditions, deny the request for certification, or waive the requirement for certification under this subsection with respect to such Federal application, within a reasonable period of time to be determined by the licensing or permitting agency (which shall not exceed one year) after receipt of such request, the requirement for certification under this subsection;
- (v) in the sixth sentence, by striking
waived as provided in the preceding sentenceand inserting waived under this paragraph; and
- (vi) by inserting after the fourth sentence the following: ; PERMIT Act.
- in paragraph (2)—
- (i) in the second sentence, by striking
notice of application for such Federal license or permitand inserting receipt of a notice under the preceding sentence;
- (ii) in the third sentence—
- by striking
any water quality requirement in such Stateand inserting any water quality standard in effect for the State under section 303; and
- by inserting before the period ;
- (iii) in the fifth sentence, by striking
insure compliance with applicable water quality requirements.and inserting ensure compliance with the applicable provisions of sections 301, 302, 303, 306, and 307.;
- (iv) in the final sentence, by striking
insureand inserting ensure;
- (v) by striking the first sentence and inserting ; and
- (vi) by inserting after the second sentence the following: ;
- in paragraph (3)—
- (i) in the first sentence, by striking
there will be complianceand inserting any such discharge will comply; and
- (ii) in the second sentence, by striking
sectionand inserting any applicable provision of section;
- in paragraph (4)—
- (i) in the first sentence—
- by inserting before ; and
- by striking
applicable effluent limitations or other limitations or other applicable water quality requirements will not be violatedand inserting ;
Section 402(a) of the Federal Water Pollution Control Act () is amended by adding at the end the following: 33 U.S.C. 1342(a)
- (6) General permits
- (A) Permits authorized
- The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities, which discharges are of similar types and from similar sources.
- (B) Permit expiration notification requirement
- If a general permit issued under this section will expire and the Administrator decides not to issue a new general permit for discharges similar to those covered by the expiring general permit, the Administrator shall publish in the Federal Register a notice of such decision at least two years prior to the expiration of the general permit.
- (C) Application of permit terms of an expired permit
- (i) If a general permit issued under this section expires and the Administrator has not published a notice in accordance with subparagraph (B), the Administrator shall, until the date described in clause (ii)—
- continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and
- apply such terms, conditions, and requirements to any discharge that would have been covered by the expired general permit (in accordance with any relevant requirements for such coverage) if the discharge had occurred before such expiration.
- (ii) The date described in this clause is the earlier of—
- the date on which the Administrator issues a new general permit for discharges similar to those covered by the expired general permit; or
- the date that is two years after the date on which the Administrator publishes in the Federal Register a notice of a decision not to issue a new general permit for discharges similar to those covered by the expired general permit.
Section 402(b)(1)(B) of the Federal Water Pollution Control Act () is amended by striking five yearsand inserting ten years. 33 U.S.C. 1342(b)(1)(B)
- (a) Compliance with permits
- Section 402(k) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1342(k)
- by striking and inserting the following:
- (k) Compliance with permits
- (1) In general
- Subject to paragraph (2), compliance with
- (2) Scope
- For purposes of paragraph (1), compliance with the conditions of a permit issued under this section shall be considered compliance with respect to a discharge of—
- any pollutant for which an effluent limitation is included in the permit; and
- 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 relating to the permit;
- (ii) specifically identified during the permit application process as present in discharges to which the permit will apply; or
- (iii) whether or not specifically identified in the permit or during the permit application process—
- present in any waste streams or processes of the point source to which the permit applies, which waste streams or processes are specifically identified during the permit application process; or
- otherwise within the scope of any operations of the point source to which the permit applies, which scope of operations is specifically identified during the permit application process.
- by adding at the end the following:
- (b) Expression of water quality-Based effluent limitations
- Section 402 of the Federal Water Pollution Control Act () is amended by adding at the end the following: 33 U.S.C. 1342
- (t) Expression of water quality-Based effluent limitations
- If the Administrator (or a State, in the case of a permit program approved by the Administrator) determines that a water quality-based limitation on a discharge of a pollutant is necessary to include in a permit under this section in addition to any appropriate technology-based effluent limitations included in such permit, the Administrator (or the State) may include such water quality-based limitation in such permit only in the form of a limitation that—
- specifies the pollutant to which it applies; and
- clearly describes the manner in which compliance with the limitation may be achieved, which shall include—
- a numerical limit on the discharge of such pollutant;
- a narrative description of required actions to be applied to the discharge (including any measures or practices required to be applied); or
- a narrative description of a limitation on the discharge that specifies the level of control to be applied.
Section 402(l)(3)(A) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1342(l)(3)(A)
- by striking and inserting the following:
- in clause (i) (as so designated), by striking the period at the end and inserting ; and
- (ii) a discharge resulting from the aerial application of a product used for fire control and suppression purposes that appears on the most current Forest Service Qualified Products List (or any successor list).
- by adding at the end the following:
Section 402(l) of the Federal Water Pollution Control Act () is amended by adding at the end the following: 33 U.S.C. 1342(l)
- (4) Agricultural stormwater discharge
- (A) In general
- The Administrator shall not require a permit, nor directly or indirectly require any State to require a permit, under this section for discharges of stormwater, including from subsurface drainage, from agricultural land that occur in direct response to a precipitation event.
- (B) Agricultural land defined
- In this paragraph, the term includes—
agricultural land
- (i) land on which an agricultural input (such as manure and other crop nutrients, crop protection, or seed) is applied;
- (ii) land on which animals (including fish and shellfish), crops (including fruit and nut trees), crop residue, plants, seed, or vegetation are present for purposes of farming or ranching; and
- (iii) land that is—
- immediately adjacent to, and functionally related to, land described in clause (i) or (ii); and
- necessary to support agricultural production, soil conservation, flood control, or water quality.
Section 402 of the Federal Water Pollution Control Act () is further amended by adding at the end the following: 33 U.S.C. 1342
- (u) Discharges of pesticides
- (1) No permit requirement
- Except as provided in paragraph (2), a permit shall not be required by the Administrator or a State under this Act for a discharge from a point source into navigable waters of a pesticide authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act, or the residue of such a pesticide, resulting from the application of such pesticide.
- (2) Exceptions
- Paragraph (1) shall not apply to the following discharges of a pesticide or pesticide residue:
- A discharge resulting from the application of a pesticide in violation of a provision of the Federal Insecticide, Fungicide, and Rodenticide Act that is relevant to protecting water quality, if—
- (i) the discharge would not have occurred but for the violation; or
- (ii) the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation.
- Stormwater discharges subject to regulation under subsection (p).
- The following discharges subject to regulation under this section:
- (i) Manufacturing or industrial effluent.
- (ii) Treatment works effluent.
- (iii) Discharges incidental to the normal operation of a vessel, including a discharge resulting from ballasting operations or vessel biofouling prevention.
- (a) In general
- Section 404(c) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1344(c)
- by striking and inserting the following:
- (c) Specification or use of defined area
- in paragraph (1), as so designated, by inserting before ; and
- (2) Period of prohibition
- The period during which the Administrator may prohibit the specification (including the withdrawal of specification) of any defined area as a disposal site, or deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site, under paragraph (1) shall—
- begin on the date on which an applicant submits all the information required to complete an application for a permit under this section; and
- end on the date on which the Secretary issues the permit.
- by adding at the end the following:
- (b) Applicability
- The amendments made by subsection (a) shall apply to a permit application submitted under section 404 of the Federal Water Pollution Control Act () after the date of enactment of this Act. 33 U.S.C. 1344
- (a) In general
- Section 404(e) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1344
- by striking and inserting the following:
- in paragraph (2)—
- by striking and inserting the following:
- by striking
five yearsand inserting ten years; and
- (3) Considerations
- In determining the environmental effects of an activity under paragraph (1) or (2), the Secretary—
- shall consider only the effects of any discharge of dredged or fill material resulting from such activity;
- shall consider any effects of a discharge of dredged or fill material into less than 3 acres of navigable waters to be a minimal adverse environmental effect; and
- may consider any effects of a discharge of dredged or fill material into 3 acres or more of navigable waters to be a minimal adverse environmental effect.
- (4) Nationwide permits for linear projects
- (A) In general
- Notwithstanding any other provision of this section, the Secretary shall maintain general permits on a nationwide basis for—
- (i) linear infrastructure projects that result in a discharge of dredged or fill material into less than 3 acres of navigable waters for each single and complete project; and
- (ii) linear pipeline projects that do not result in the loss of navigable waters in an amount that is greater than 0.5 acres for each single and complete project.
- (B) Definitions
- In this paragraph:
- (i) The term
linear infrastructure project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity, or for the transportation from a point of origin to a terminal point of people, water, or wastewater.
- (ii) The term
linear pipeline project means a project to carry out any activity required for the construction, expansion, maintenance, modification, or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide, fuel, or hydrocarbons, in the form of a liquid, liquescent, gaseous, or slurry substance or supercritical fluid, including oil and gas pipeline facilities.
- (iii) The term
single and complete project has the meaning given that term in section 330.2 of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).
Section 404 of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1344
- in subsection (g)—
- by redesignating paragraph (3) as paragraph (4); and
- If the Administrator determines that additional information is necessary for the description of a program submitted by a State to be full and complete under paragraph (1), the Administrator shall, not later than 45 days after the date of the receipt of the program and statement submitted by the State under such paragraph, submit to the State a written request for all such information.
- by inserting after paragraph (2) the following:
- in subsection (h)(1), by striking
paragraph (1) of this subsectionand inserting subsection (g)(1).
Section 404 of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1344
- by redesignating subsection (t) as subsection (u);
- in subsection (u), as so redesignated, by striking and inserting ; and
- (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;
- an action seeking judicial review of an individual permit or general permit issued under this section shall be filed not later than the date that is 60 days after the date on which the permit was issued; and
- an action seeking judicial review of a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section shall be filed not later than the date that is 60 days after the date on which such verification was issued.
- (2) Limitation on commencement of certain actions
- Notwithstanding any other provision of law, no action described in subparagraph (A) or (B) of paragraph (1) may be commenced unless the action—
- is filed by a party that submitted a comment—
- (i) during the public comment period for the administrative proceedings related to the action; and
- (ii) which was sufficiently detailed to put the Administrator, the Secretary, or the State, as applicable, on notice of the issue upon which the party seeks judicial review; and
- is related to such comment.
- (3) Remedies
- (A) Actions relating to permit programs
- 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—
- (i) the court shall remand the matter to the Administrator for further proceedings consistent with the determination of the court; and
- (ii) the court may not vacate, revoke, enjoin, or otherwise limit the authority of the State to issue permits under such State permit program.
- (B) Actions relating to permits
- If a court determines that the Secretary or the State, as applicable, did not comply with the requirements of this section in issuing an individual or general permit under this section, or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section, as applicable—
- (i) the court shall remand the matter to the Secretary or the State, as applicable, for further proceedings consistent with the determination of the court;
- (ii) with respect to a determination regarding the issuance of an individual or general permit under this section, the court may not vacate, revoke, enjoin, or otherwise limit the permit, unless the court finds that activities authorized under the permit 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; and
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 () 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. 33 U.S.C. 1344
Not later than 60 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall expedite such procedures and reallocate or augment such personnel and resources of the Corps of Engineers as the Secretary determines necessary to eliminate any backlog existing as of June 5, 2025, of—
- applications for permits under section 404 of the Federal Water Pollution Control Act (); or 33 U.S.C. 1344
- requests for jurisdictional determinations or wetlands delineations under the jurisdiction of the Secretary.
Section 502(7) of the Federal Water Pollution Control Act () is amended— 33 U.S.C. 1362(7)
- by striking and inserting the following:
- by adding at the end the following:
Section 1049 of the Water Resources Reform and Development Act of 2014 ( note) is amended— 33 U.S.C. 1361
- in subsection (b)—
- in paragraph (1)(B), by striking
20,000and inserting 42,000;
- an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and
- by amending paragraph (2)(A) to read as follows:
- in paragraph (3)—
- (i) by amending subparagraph (A) to read as follows:
- with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and
- (ii) in subparagraph (B), by striking and inserting a period
; and; and
- by striking paragraph (4);
- in subsection (c)(2)(A)—
- in clause (i), by striking
1,000and inserting 1,320; and
- in clause (ii), by striking
2,500and inserting 3,000; and
- by striking subsection (d).
With respect to any covered project (as defined under section 41001 of the FAST Act ()) for which a certification or permit from a State under section 401, 402, or 404 of the Federal Water Pollution Control Act is required, the State is encouraged to choose to participate, to the maximum extent practicable, in the environmental review and authorization process under section 41003(c) of the FAST Act (), pursuant to paragraph (3)(A) of such section. 42 U.S.C. 4370m; 42 U.S.C. 4370m–2(c)
It is the sense of Congress that the Chesapeake Bay Watershed Agreement is a voluntary, cooperative agreement between the Federal Government, the State of Delaware, the District of Columbia, the State of Maryland, the Commonwealth of Pennsylvania, the State of New York, the Commonwealth of Virginia, and the State of West Virginia. As such, the Federal Government should take a collaborative and cooperative approach to the parties with regard to their compliance with the Chesapeake Bay Total Maximum Daily Load outlined in such agreement.