,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #cjji  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #f1      
#bjah,mrs4 ,capito 7for herself1 ,mr4   
,barrasso1 ,mr4 ,boozman1 and ,mr4      
,inhofe7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,environment and ,public 
,works  ,a ,,bill  ,to amend the        
,federal ,water ,pollution ,control ,act
 to clarify when the ,administrator of  
the ,environmental ,protection ,agency  
has the authority to prohibit the       
specification of a defined area1 or deny
 or restrict the use of a defined area  
for specification1 as a disposal site   
under section #djd of that ,act1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,regulatory   
,certainty ,act of #bjah4  #b4 ,permits 
for dredged or fill material  7a7 ,in   
general ,section #djd7;c7 of the        
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7;c77 is amended-- 
7#a7 by striking subsection 7c7 and     

inserting the following3  7c7           
,authorization ,to prohibit             
specification of defined area  7#a7 ,in 
general ,in accordance with this        
subsection1 the ,administrator may--    
7,a7 prohibit the specification         
7including the withdrawal of            
specification7 of any defined area as a 
disposal site2 and  7,b7 deny or        
restrict the use of any defined area for
 specification 7including the withdrawal
 of specification7 as a disposal site4  
7#b7 ,determination by ,administrator   
,before carrying out any action under   
paragraph 7#a71 the ,administrator      
shall-- 7,a7 provide notice and an      
opportunity for a public hearing on the 
action2 and  7,b7 determine1 in         
consultation with the ,secretary1 that  
the discharge of a material into a      
defined area will have an unacceptable  
adverse effect on--  7i7 a municipal    
water supply2  7ii7 a shellfish bed or  
fishery area1 including a spawning and  
breeding area2  7iii7 wildlife2 or  7iv7

 a recreational area4  7#c7 ,publishing 
of findings ,the ,administrator shall   
make publicly available a written       
statement that provides the findings and
 reasons for making any determination   
under this subsection4  7#d7 ,time      
period of specification  7,a7 ,in       
general ,the period during which the    
,administrator may undertake any action 
under paragraph 7#a7 shall--  7i7 begin 
on the date that the ,secretary provides
 notice to the ,administrator that the  
,secretary has completed all procedures 
for processing an application for a     
permit under this section relating to   
the specification and is ready to       
determine1 in accordance with the record
 and applicable regulations1 whether the
 permit should be issued2 and  7ii7 end 
on the date that the ,secretary issues  
the permit4  7,b7 ,length of time period
 ,the period described in subparagraph  
7,a7 shall consist of not fewer than #cj
 consecutive days4  7,c7 ,permit issued 
by ,secretary ,the ,secretary may issue 

a permit under this section only after  
the ,secretary provides notice to the   
,administrator in accordance with this  
paragraph4  4  7b7 ,applicability ,the  
amendments made by subsection 7a7 shall 
apply to a permit application submitted 
under section #djd7;a7 of the ,federal  
,water ,pollution ,control ,act 7#cc    
,u4,s4,c4 #acdd7;a77 after the date of  
enactment of this ,act4