,,ib ,union ,calendar ,no4 #ade #aaith ,,congress #ast ,session ,h4 ,r4 #chih ,report ,no4 #aai-ahj ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbe ,mr4 ,collins 7for himself and ,mr4 ,graves7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,july #b1 #bjbe ,additional sponsors3 ,mr4 ,la,malfa1 ,mr4 ,rouzer1 ,mr4 ,hurd of ,colorado1 ,mr4 ,owens1 ,mr4 ,stauber1 ,mr4 ,crawford1 and ,mr4 ,taylor ,july #b1 #bjbe ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,june #aa1 #bjbe ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to make targeted reforms with respect to waters of the ,united ,states and other matters1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,promoting ,efficient ,review for ,modern ,infrastructure ,today ,act or the ,,permit ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,water quality standards attainability4 ,sec4 #c4 ,water quality criteria development and transparency4 ,sec4 #d4 ,water quality technology availability4 ,sec4 #e4 ,improving water quality certifications and ,american energy infrastructure4 ,sec4 #f4 ,clarifying ,federal general permits4 ,sec4 #g4 ,,npdes permit terms4 ,sec4 #h4 ,confidence in clean water permits4 ,sec4 #i4 ,forest protection and wildland firefighter safety4 ,sec4 #aj4 ,agricultural stormwater discharge4 ,sec4 #aa4 ,reducing regulatory burdens4 ,sec4 #ab4 ,reducing permitting uncertainty4 ,sec4 #ac4 ,nationwide permitting improvement4 ,sec4 #ad4 ,deadline for request for submission of additional information for permit programs for dredged or fill material4 ,sec4 #ae4 ,judicial review timeline clarity4 ,sec4 #af4 ,restoring federalism in clean water permitting4 ,sec4 #ag4 ,jurisdictional determination backlog reduction4 ,sec4 #ah4 ,definition of navigable waters4 ,sec4 #ai4 ,applicability of ,spill ,prevention1 ,control1 and ,countermeasure rule4 ,sec4 #bj4 ,coordination with ,federal ,permitting ,improvement ,steering ,council4 ,sec4 #ba4 ,sense of ,congress on ,chesapeake ,bay ,watershed ,agreement4 #b4 ,water quality standards attainability 7a7 ,state water quality standards ,section #cjc7;c7 7#cc ,u4,s4,c4 #acac7;c77 of the ,federal ,water ,pollution ,control ,act is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,the ,governor of a ,state and inserting 7,a7 ,the ,governor of a ,state2 and 7,b7 by striking ,results of such review shall be made available to the ,administrator4 and inserting the following3 7,b7 ,reviews under this paragraph shall include review1 for purposes of ensuring that combined sewer overflow controls are cost effective1 of any water quality standard applicable to a body of water into which1 pursuant to a permit1 order1 or decree issued pursuant to this ,act1 a municipal combined storm and sanitary sewer discharges4 7,c7 ,results of each review under this paragraph shall be made available to the ,administrator4 2 and 7#b7 in paragraph 7#b77;,a7-- 7,a7 by inserting 7i7 before their use and value for public water supplies2 7,b7 by striking 1 and also taking into consideration and inserting 2 7ii72 and 7,c7 by inserting before the period at the end the following3 2 and 7iii7 the cost and commercial availability in the ,united ,states of treatment technologies 7including whether the technologies have been demonstrated at an applicable scale7 that may be required to be applied to point sources in order to result in compliance with such standards4 7b7 ,state water quality criteria ,section #cjd7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;a77 is amended by adding at the end the following new paragraph3 7#aj7 ,consideration of treatment technologies ,in developing or revising water quality criteria under this subsection1 the ,administrator shall take into consideration the cost and commercial availability in the ,united ,states of treatment technologies 7including whether the technologies have been demonstrated at an applicable scale7 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 #cjc4 4 #c4 ,water quality criteria development and transparency 7a7 ,information and guidelines ,section #cjd7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;a77 is further amended by adding at the end the following3 7#aa7 ,administrative procedure ,after the date of enactment of this paragraph1 the ,administrator shall issue any new or revised water quality criteria under paragraph 7#a7 or 7#i7 by rule4 4 7b7 ,administrative procedure and judicial review ,section #eji7;b77#a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfi7;b77#a77 is amended-- 7#a7 by striking section #djb1 and and inserting section #djb12 and 7#b7 by inserting and 7,h7 in issuing any criteria for water quality pursuant to section #cjd7;a77#aa71 after strategy under section #cjd7l714 #d4 ,water quality technology availability ,section #cjd7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acad7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by inserting the commercial availability in the ,united ,states of the technology 7including whether the technology has been demonstrated at an applicable scale71 before and such other factors2 7#b7 in paragraph 7#b77;,b71 by inserting the commercial availability in the ,united ,states of the technology 7including whether the technology has been demonstrated at an applicable scale71 before and such other factors2 and 7#c7 in paragraph 7#d77;,b71 by inserting the commercial availability in the ,united ,states of the technology 7including whether the technology has been demonstrated at an applicable scale71 before and such other factors4 #e4 ,improving water quality certifications and ,american energy infrastructure ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking may result and inserting may directly result2 7ii7 in the second sentence1 by striking activity and inserting discharge2 7iii7 in the third sentence1 by striking applications each place it appears and inserting requests2 7iv7 in the fifth sentence1 by striking act on a request for certification1 within a reasonable period of time 7which shall not exceed one year7 after receipt of such request1 the certification requirements of this subsection and inserting grant the request for certification with or without conditions1 deny the request for certification1 or waive the requirement for certification under this subsection with respect to such ,federal application1 within a reasonable period of time to be determined by the licensing or permitting agency 7which shall not exceed one year7 after receipt of such request1 the requirement for certification under this subsection2 7v7 in the sixth sentence1 by striking waived as provided in the preceding sentence and inserting waived under this paragraph2 and 7vi7 by inserting after the fourth sentence the following3 ,not later than #cj days after the date of enactment of the ,,permit ,act1 each ,state and interstate agency that has authority to give such a certification1 and the ,administrator1 shall publish requirements for certification to demonstrate to such ,state1 such interstate agency1 or the ,administrator1 as the case may be1 compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 ,a decision to grant or deny a request for certification shall be based only on compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and the grounds for the decision shall be set forth in writing and provided to the applicant4 ,not later than #ij days after receipt of a request for certification1 the ,state1 interstate agency1 or ,administrator1 as the case may be1 shall identify in writing all specific additional materials or information necessary for the request for certification to be complete1 as described in subsection 7g74 ,the ,state1 interstate agency1 or the ,administrator1 as the case may be1 may grant a request for certification with or without conditions1 deny a request for certification1 or waive the requirement for certification under this subsection with respect to such ,federal application42 7,b7 in paragraph 7#b7-- 7i7 in the second sentence1 by striking notice of application for such ,federal license or permit and inserting receipt of a notice under the preceding sentence2 7ii7 in the third sentence-- 7,i7 by striking any water quality requirement in such ,state and inserting any water quality standard in effect for the ,state under section #cjc2 and 7,,ii7 by inserting before the period at a time that is agreed to by such ,state and the applicant2 7iii7 in the fifth sentence1 by striking insure compliance with applicable water quality requirements4 and inserting ensure compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg42 7iv7 in the final sentence1 by striking insure and inserting ensure2 7v7 by striking the first sentence and inserting ,on receipt of a request for certification1 the certifying ,state or interstate agency1 as applicable1 shall immediately notify the ,administrator of the request42 and 7vi7 by inserting after the second sentence the following3 ,if the ,administrator determines under the preceding sentence that such a discharge will not affect the waters of any other ,state1 no such notification is required42 7,c7 in paragraph 7#c7-- 7i7 in the first sentence1 by striking there will be compliance and inserting any such discharge will comply2 and 7ii7 in the second sentence1 by striking section and inserting any applicable provision of section2 7,d7 in paragraph 7#d7-- 7i7 in the first sentence-- 7,i7 by inserting directly before result in any discharge2 and 7,,ii7 by striking applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated and inserting no applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg will be violated2 7ii7 in the second sentence1 by striking will violate applicable effluent limitations or other limitations or other water quality requirements and inserting will directly result in a discharge that violates an applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg12 and 7iii7 in the third sentence1 by striking such facility or activity will not violate the applicable provisions and inserting operation of such facility or activity will not directly result in a discharge that violates any applicable provision2 and 7,e7 in paragraph 7#e71 by striking the applicable provisions and inserting any applicable provision2 7#b7 in subsection 7b71 by striking ,nothing in this section and inserting ,except as provided in subsection 7e71 nothing in this section2 7#c7 in subsection 7d71 by striking applicant for a ,federal license or permit will comply with any applicable effluent limitations and other limitations1 under section #cja or #cjb of this ,act1 standard of performance under section #cjf of this ,act1 or prohibition1 effluent standard1 or pretreatment standard under section #cjg of this ,act1 and with any other appropriate requirement of ,state law set forth in such certification1 and shall become a condition on any ,federal license or permit subject to the provisions of this section and inserting discharge subject to this section will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and any such limitations or requirements shall be imposed by the licensing or permitting agency as a condition on any ,federal license or permit subject to the provisions of this section2 and 7#d7 by adding at the end the following3 7e7 ,notwithstanding section #eje1 any condition imposed on a ,federal license or permit by a licensing or permitting agency under this section may be enforced only by such licensing or permitting agency4 7f7 ,for purposes of this section1 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg are any applicable effluent limitations and other limitations under section #cja or #cjb1 any water quality standard in effect for a ,state under section #cjc1 any standard of performance under section #cjf1 and any prohibition1 effluent standard1 or pretreatment standard under section #cjg4 7g7 ,a request for certification under this section shall be made in writing to the ,state1 interstate agency1 or ,administrator1 as the case may be4 ,a complete request for certification shall consist of the following3 7#a7 ,identification of each applicant for the ,federal license or permit with respect to which the certification is requested4 7#b7 ,a statement that information included in the request for certification is truthful1 accurate1 and complete1 to the best knowledge of each such applicant4 7#c7 ,in the case of a request for certification with respect to an individual permit or license-- 7,a7 identification of the ,federal license or permit that is the subject of the application with respect to which the certification is requested2 7,b7 identification of any activity the conduct of which is subject to such ,federal license or permit2 7,c7 identification of the location and nature of any discharge that may directly result from such activity1 and the location of the receiving waters2 7,d7 a description of means that may be used to monitor1 control1 or manage any such discharge2 and 7,e7 a list of all other ,federal1 interstate1 ,tribal1 ,state1 or local agency authorizations required for the conduct of such activity1 and any approval or denial of such an authorization already received4 7#d7 ,in the case of a request for certification with respect to the issuance of a general license or general permit-- 7,a7 identification of the proposed categories of activities to be covered by the general license or general permit for which certification is requested2 7,b7 a description of the proposed general license or general permit1 which may include a draft of the proposed general license or permit2 and 7,c7 an estimate of the number of discharges expected to result from the proposed general license or general permit annually4 4 #f4 ,clarifying ,federal general permits ,section #djb7;a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;a77 is amended by adding at the end the following3 7#f7 ,general permits 7,a7 ,permits authorized ,the ,administrator may issue general permits under this section on a ,state1 regional1 or nationwide basis1 or for a delineated area1 for discharges associated with any category of activities1 which discharges are of similar types and from similar sources4 7,b7 ,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 permit1 the ,administrator shall publish in the ,federal ,register a notice of such decision at least two years prior to the expiration of the general permit4 7,c7 ,application of permit terms of an expired permit 7i7 ,in general ,if a general permit issued under this section expires and the ,administrator has not published a notice in accordance with subparagraph 7,b71 the ,administrator shall1 until the date described in clause 7ii7-- 7,i7 continue to apply the terms1 conditions1 and requirements of the expired general permit to any discharge that was covered by the expired general permit2 and 7,,ii7 apply such terms1 conditions1 and requirements to any discharge that would have been covered by the expired general permit 7in accordance with any relevant requirements for such coverage7 if the discharge had occurred before such expiration4 7ii7 ,date described ,the date described in this clause is the earlier of-- 7,i7 the date on which the ,administrator issues a new general permit for discharges similar to those covered by the expired general permit2 or 7,,ii7 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 permit4 4 #g4 ,,npdes permit terms ,section #djb7;b77#a77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7;b77#a77;,b77 is amended by striking five years and inserting ten years4 #h4 ,confidence in clean water permits 7a7 ,compliance with permits ,section #djb7k7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7k77 is amended-- 7#a7 by striking 7k7 ,compliance with and inserting the following3 7k7 ,compliance with permits 7#a7 ,in general ,subject to paragraph 7#b71 compliance with 2 and 7#b7 by adding at the end the following3 7#b7 ,scope ,for purposes of paragraph 7#a71 compliance with the conditions of a permit issued under this section shall be considered compliance with respect to a discharge of-- 7,a7 any pollutant for which an effluent limitation is included in the permit2 and 7,b7 any pollutant for which an effluent limitation is not included in the permit that is-- 7i7 specifically identified as controlled or monitored through indicator parameters in the permit1 the fact sheet for the permit1 or the administrative record relating to the permit2 7ii7 specifically identified during the permit application process as present in discharges to which the permit will apply2 or 7iii7 whether or not specifically identified in the permit or during the permit application process-- 7,i7 present in any waste streams or processes of the point source to which the permit applies1 which waste streams or processes are specifically identified during the permit application process2 or 7,,ii7 otherwise within the scope of any operations of the point source to which the permit applies1 which scope of operations is specifically identified during the permit application process4 4 7b7 ,expression of water quality-,based effluent limitations ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is amended by adding at the end the following3 7t7 ,expression of water quality-,based effluent limitations ,if the ,administrator 7or a ,state1 in the case of a permit program approved by the ,administrator7 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 permit1 the ,administrator 7or the ,state7 may include such water quality-based limitation in such permit only in the form of a limitation that-- 7#a7 specifies the pollutant to which it applies2 and 7#b7 clearly describes the manner in which compliance with the limitation may be achieved1 which shall include-- 7,a7 a numerical limit on the discharge of such pollutant2 7,b7 a narrative description of required actions to be applied to the discharge 7including any measures or practices required to be applied72 or 7,c7 a narrative description of a limitation on the discharge that specifies the level of control to be applied4 4 #i4 ,forest protection and wildland firefighter safety ,section #djb7l77#c77;,a7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7l77#c77;,a77 is amended-- 7#a7 by striking for a discharge from and inserting the following3 for-- 7i7 a discharge from 2 7#b7 in clause 7i7 7as so designated71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7ii7 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 7or any successor list74 4 #aj4 ,agricultural stormwater discharge ,section #djb7l7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7l77 is amended by adding at the end the following3 7#d7 ,agricultural stormwater discharge 7,a7 ,in general ,the ,administrator shall not require a permit1 nor directly or indirectly require any ,state to require a permit1 under this section for discharges of stormwater1 including from subsurface drainage1 from agricultural land that occur in direct response to a precipitation event4 7,b7 ,agricultural land defined ,in this paragraph1 the term agricultural land includes-- 7i7 land on which an agricultural input 7such as manure and other crop nutrients1 crop protection1 or seed7 is applied2 7ii7 land on which animals 7including fish and shellfish71 crops 7including fruit and nut trees71 crop residue1 plants1 seed1 or vegetation are present for purposes of farming or ranching2 and 7iii7 land that is-- 7,i7 immediately adjacent to1 and functionally related to1 land described in clause 7i7 or 7ii72 and 7,,ii7 necessary to support agricultural production1 soil conservation1 flood control1 or water quality4 4 #aa4 ,reducing regulatory burdens ,section #djb of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdb7 is further amended by adding at the end the following3 7u7 ,discharges of pesticides 7#a7 ,no permit requirement ,except as provided in paragraph 7#b71 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 sale1 distribution1 or use under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act1 or the residue of such a pesticide1 resulting from the application of such pesticide4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply to the following discharges of a pesticide or pesticide residue3 7,a7 ,a discharge resulting from the application of a pesticide in violation of a provision of the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act that is relevant to protecting water quality1 if-- 7i7 the discharge would not have occurred but for the violation2 or 7ii7 the amount of pesticide or pesticide residue in the discharge is greater than would have occurred without the violation4 7,b7 ,stormwater discharges subject to regulation under subsection 7p74 7,c7 ,the following discharges subject to regulation under this section3 7i7 ,manufacturing or industrial effluent4 7ii7 ,treatment works effluent4 7iii7 ,discharges incidental to the normal operation of a vessel1 including a discharge resulting from ballasting operations or vessel biofouling prevention4 4 #ab4 ,reducing permitting uncertainty 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 7c7 ,the ,administrator and inserting the following3 7c7 ,specification or use of defined area 7#a7 ,in general ,the ,administrator 2 7#b7 in paragraph 7#a71 as so designated1 by inserting during the period described in paragraph 7#b7 and before after notice and opportunity for public hearings2 and 7#c7 by adding at the end the following3 7#b7 ,period of prohibition ,the period during which the ,administrator may prohibit the specification 7including the withdrawal of specification7 of any defined area as a disposal site1 or deny or restrict the use of any defined area for specification 7including the withdrawal of specification7 as a disposal site1 under paragraph 7#a7 shall-- 7,a7 begin on the date on which an applicant submits all the information required to complete an application for a permit under this section2 and 7,b7 end on the date on which the ,secretary issues the permit4 4 7b7 ,applicability ,the amendments made by subsection 7a7 shall apply to a permit application submitted under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 after the date of enactment of this ,act4 #ac4 ,nationwide permitting improvement 7a7 ,in general ,section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 by striking 7e77#a7 ,in carrying and inserting the following3 7e7 ,general permits 7#a7 ,permits authorized ,in carrying 2 7#b7 in paragraph 7#b7-- 7,a7 by striking 7#b7 ,no general and inserting the following3 7#b7 ,term ,no general 2 and 7,b7 by striking five years and inserting ten years2 and 7#c7 by adding at the end the following3 7#c7 ,considerations ,in determining the environmental effects of an activity under paragraph 7#a7 or 7#b71 the ,secretary-- 7,a7 shall consider only the effects of any discharge of dredged or fill material resulting from such activity2 7,b7 shall consider any effects of a discharge of dredged or fill material into less than #c acres of navigable waters to be a minimal adverse environmental effect2 and 7,c7 may consider any effects of a discharge of dredged or fill material into #c acres or more of navigable waters to be a minimal adverse environmental effect4 7#d7 ,nationwide permits for linear projects 7,a7 ,in general ,notwithstanding any other provision of this section1 the ,secretary shall maintain general permits on a nationwide basis for-- 7i7 linear infrastructure projects that result in a discharge of dredged or fill material into less than #c acres of navigable waters for each single and complete project2 and 7ii7 linear pipeline projects that do not result in the loss of navigable waters in an amount that is greater than #j4e acres for each single and complete project4 7,b7 ,definitions ,in this paragraph3 7i7 ,linear infrastructure project ,the term linear infrastructure project means a project to carry out any activity required for the construction1 expansion1 maintenance1 modification1 or removal of infrastructure and associated facilities for the transmission from a point of origin to a terminal point of communications or electricity1 or for the transportation from a point of origin to a terminal point of people1 water1 or wastewater4 7ii7 ,linear pipeline project ,the term linear pipeline project means a project to carry out any activity required for the construction1 expansion1 maintenance1 modification1 or removal of infrastructure and associated facilities for the transportation from a point of origin to a terminal point of carbon dioxide1 fuel1 or hydrocarbons1 in the form of a liquid1 liquescent1 gaseous1 or slurry substance or supercritical fluid1 including oil and gas pipeline facilities4 7iii7 ,single and complete project ,the term single and complete project has the meaning given that term in section #ccj4b of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this paragraph74 7#e7 ,reissuance of nationwide permits ,in determining whether to reissue a general permit issued under this subsection on a nationwide basis-- 7,a7 no consultation with an applicable ,state pursuant to section #f7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aece7;a77 is required2 7,b7 no consultation with a ,federal agency pursuant to section #g7;a77#b7 of such ,act 7#af ,u4,s4,c4 #aecf7;a77#b77 is required2 and 7,c7 the requirements of section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c77 shall be satisfied by preparing an environmental assessment with respect to such general permit4 4 7b7 ,regulatory revisions required ,the ,secretary of the ,army1 acting through the ,chief of ,engineers1 shall expeditiously revise the regulations applicable to carrying out section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 in order to streamline the processes for issuing general permits under such section to promote efficient and consistent implementation of such section4 7c7 ,administration of nationwide permit program ,in carrying out section #djd7;e7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd71 including in revising regulations under subsection 7b7 of this section1 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 may not finalize or implement any modification to-- 7#a7 general condition #ae 7relating to single and complete projects71 as included in the final rule titled ,reissuance and ,modification of ,nationwide ,permits and published on ,january #ac1 #bjba1 by the ,department of the ,army1 ,corps of ,engineers 7#hf ,fed4 ,reg4 #bhfh72 7#b7 the definition of the term single and complete linear project1 as included in such final rule 7#hf ,fed4 ,reg4 #bhgg72 or 7#c7 the definition of the term single and complete project1 as included in section #ccj4b of title #cc1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 #ad4 ,deadline for request for submission of additional information for permit programs for dredged or fill material ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 in subsection 7g7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,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 7#a71 the ,administrator shall1 not later than #de days after the date of the receipt of the program and statement submitted by the ,state under such paragraph1 submit to the ,state a written request for all such information4 2 and 7#b7 in subsection 7h77#a71 by striking paragraph 7#a7 of this subsection and inserting subsection 7g77#a74 #ae4 ,judicial review timeline clarity ,section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 is amended-- 7#a7 by redesignating subsection 7t7 as subsection 7u72 7#b7 in subsection 7u71 as so redesignated1 by striking ,nothing in the section and inserting ,savings provision4--,nothing in this section2 and 7#c7 by inserting after subsection 7s7 the following3 7t7 ,judicial review 7#a7 ,statute of limitations ,notwithstanding any applicable provision of law relating to statutes of limitations-- 7,a7 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 #fj days after the date on which the approval was issued2 7,b7 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 #fj days after the date on which the permit was issued2 and 7,c7 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 #fj days after the date on which such verification was issued4 7#b7 ,limitation on commencement of certain actions ,notwithstanding any other provision of law1 no action described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 may be commenced unless the action-- 7,a7 is filed by a party that submitted a comment-- 7i7 during the public comment period for the administrative proceedings related to the action2 and 7ii7 which was sufficiently detailed to put the ,administrator1 the ,secretary1 or the ,state1 as applicable1 on notice of the issue upon which the party seeks judicial review2 and 7,b7 is related to such comment4 7#c7 ,remedies 7,a7 ,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-- 7i7 the court shall remand the matter to the ,administrator for further proceedings consistent with the determination of the court2 and 7ii7 the court may not vacate1 revoke1 enjoin1 or otherwise limit the authority of the ,state to issue permits under such ,state permit program4 7,b7 ,actions relating to permits ,if a court determines that the ,secretary or the ,state1 as applicable1 did not comply with the requirements of this section in issuing an individual or general permit under this section1 or in verifying that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 as applicable-- 7i7 the court shall remand the matter to the ,secretary or the ,state1 as applicable1 for further proceedings consistent with the determination of the court2 7ii7 with respect to a determination regarding the issuance of an individual or general permit under this section1 the court may not vacate1 revoke1 enjoin1 or otherwise limit the permit1 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 law2 and 7iii7 with respect to a determination regarding a verification that an activity involving a discharge of dredged or fill material is authorized by a general permit issued under this section1 the court may not enjoin or otherwise limit the discharge unless the court finds that the activity would present an imminent and substantial danger to human health or the environment for which there is no other equitable remedy available under the law4 7#d7 ,timeline to act on court order ,if a court remands a matter under paragraph 7#c71 the court shall set and enforce a reasonable schedule and deadline1 which may not exceed #ahj days from the date on which the court remands such matter1 except as otherwise required by law1 for the ,administrator1 the ,secretary1 or the ,state1 as applicable1 to take such actions as the court may order4 4 #af4 ,restoring federalism in clean water permitting ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,environmental ,protection ,agency shall complete a review of the regulations applicable to the approval of ,state permit programs under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd7 in order to identify revisions to such regulations necessary to streamline the approval process1 reduce administrative burdens1 and encourage additional ,states to administer a permit program under such section1 and the ,administrator shall implement any such revisions as appropriate4 #ag4 ,jurisdictional determination backlog reduction ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,army1 acting through the ,chief of ,engineers1 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 #e1 #bjbe1 of-- 7#a7 applications for permits under section #djd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acdd72 or 7#b7 requests for jurisdictional determinations or wetlands delineations under the jurisdiction of the ,secretary4 #ah4 ,definition of navigable waters ,section #ejb7g7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acfb7g77 is amended-- 7#a7 by striking 7#g7 ,the term and inserting the following3 7#g7 ,navigable waters 7,a7 ,in general ,the term 2 and 7#b7 by adding at the end the following3 7,b7 ,exclusions ,the term navigable waters does not include the following3 7i7 ,any component of a waste treatment system1 including any lagoon or treatment pond 7such as a settling or cooling pond71 designed to actively or passively-- 7,i7 convey or retain wastewater2 or 7,,ii7 concentrate1 settle1 reduce1 or remove pollutants from wastewater4 7ii7 ,ephemeral features that flow only in direct response to precipitation4 7iii7 ,any area that-- 7,i7 prior to ,december #bc1 #aihe1 was drained or otherwise manipulated for the purpose1 or having the effect1 of making production of an agricultural product possible1 as determined by the ,administrator and the ,secretary of the ,army1 acting through the ,chief of ,engineers1 which determinations shall be consistent with any designations of prior converted cropland made by the ,secretary of ,agriculture2 and 7,,ii7 as determined by the ,administrator-- 7aa7 at least once in the immediately preceding five years has been used for1 or in support of1 agricultural purposes1 including grazing1 haying1 idling land for conservation use 7such as habitat management1 pollinator and wildlife management1 water storage and supply management1 and flood management71 irrigation tailwater storage1 farm-raised fish production1 cranberry production1 nutrient retention1 and idling land for soil recovery after natural disasters such as hurricanes and drought2 and 7bb7 has not reverted to wetlands 7as defined in section #abj4b of title #dj1 ,code of ,federal ,regulations1 as in effect on the date of enactment of this clause74 7iv7 ,groundwater4 7v7 ,any other features determined to be excluded by the ,administrator and the ,secretary of the ,army1 acting through the ,chief of ,engineers4 4 #ai4 ,applicability of ,spill ,prevention1 ,control1 and ,countermeasure rule ,section #ajdi of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #acfa note7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 by striking #bj1jjj and inserting #db1jjj2 7,b7 by amending paragraph 7#b77;,a7 to read as follows3 7,a7 an aggregate aboveground storage capacity greater than #aj1jjj gallons but less than #db1jjj gallons2 and 2 7,c7 in paragraph 7#c7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 with an aggregate aboveground storage capacity of less than or equal to #aj1jjj gallons2 and 2 and 7ii7 in subparagraph 7,b71 by striking 2 and and inserting a period2 and 7,d7 by striking paragraph 7#d72 7#b7 in subsection 7c77#b77;,a7-- 7,a7 in clause 7i71 by striking #a1jjj and inserting #a1cbj2 and 7,b7 in clause 7ii71 by striking #b1ejj and inserting #c1jjj2 and 7#c7 by striking subsection 7d74 #bj4 ,coordination with ,federal ,permitting ,improvement ,steering ,council ,with respect to any covered project 7as defined under section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm77 for which a certification or permit from a ,state under section #dja1 #djb1 or #djd of the ,federal ,water ,pollution ,control ,act is required1 the ,state is encouraged to choose to participate1 to the maximum extent practicable1 in the environmental review and authorization process under section #dajjc7;c7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7;c771 pursuant to paragraph 7#c77;,a7 of such section4 #ba4 ,sense of ,congress on ,chesapeake ,bay ,watershed ,agreement ,it is the sense of ,congress that the ,chesapeake ,bay ,watershed ,agreement is a voluntary1 cooperative agreement between the ,federal ,government1 the ,state of ,delaware1 the ,district of ,columbia1 the ,state of ,maryland1 the ,commonwealth of ,pennsylvania1 the ,state of ,new ,york1 the ,commonwealth of ,virginia1 and the ,state of ,west ,virginia4 ,as such1 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 agreement4 ,july #b1 #bjbe ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed