Makes a narrow change to the Clean Water Act’s 404(c) process by defining when the EPA Administrator may prohibit or restrict use of a disposal site. The prohibition window now begins when an applicant submits all information needed to complete a section 404 permit application and ends when the Secretary issues the permit; the rule applies only to permit applications filed after the law takes effect.
Amends Section 404(c) of the Federal Water Pollution Control Act by striking and replacing the existing text for the provision titled “Specification or use of defined area.”
Adds a new paragraph (2) entitled “Period of prohibition” that sets the start and end of the period during which the Administrator may prohibit, deny, or restrict specification or use of a defined area as a disposal site under paragraph (1).
Defines the start of the prohibition period: it begins on the date an applicant submits all information required to complete a permit application under section 404.
Defines the end of the prohibition period: it ends on the date the Secretary issues the permit.
States that the amendments made by this subsection apply to permit applications submitted under section 404 of the Federal Water Pollution Control Act after the date of enactment of this Act.
Who is affected and how:
Applicants for section 404 permits: Most directly affected. The change gives applicants a clear legal trigger (submission of a complete application) after which the Administrator may exercise prohibition/restriction authority, reducing ambiguity about when such actions can begin.
Project sponsors and developers: Gain predictability around the regulatory window and may face fewer early interventions by the Administrator before a complete application is filed; this can shorten uncertainty in pre-permit stages but may shift the timing of potential agency interventions to later in the process.
EPA (Administrator) and the permit-issuing Secretary/agency: Administrative authority to take 404(c) actions before a complete application is submitted is constrained by the new statutory definition, which may change internal timelines and coordination between agencies for reviewing applications and deciding prohibitions/restrictions.
Environmental groups and local communities: May be adversely affected if the change limits EPA's ability to act early to protect aquatic resources before a complete application is on file; the practical effect depends on how strictly "complete" application standards are applied and on agencies' willingness to coordinate earlier in the process.
Overall effect:
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Peter Stauber
Referred to the House Committee on Transportation and Infrastructure.