RETROACTIVE Policy Act

I 117TH CONGRESS 1ST SESSION H. R. 1820 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 area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 11, 2021 Mr. GIBBS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 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 area, or deny or restrict the use of a defined area for specification, as a disposal site under section 404 of such Act, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Revoking EPA’s Ty- 4 rannical Ruling Over Approved Commercial Tasks Involv- 5 VerDate Sep 11 2014 19:24 May 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1820.IH H1820 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1820 IH ing no Violations of Environmental Policy Act’’ or the 1 ‘‘RETROACTIVE Policy Act’’. 2 SEC. 2. PERMITS FOR DREDGED OR FILL MATERIAL. 3 (a) IN GENERAL.—Section 404(c) of the Federal 4 Water Pollution Control Act (33 U.S.C. 1344(c)) is 5 amended— 6 (1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 7 (2) in paragraph (1), as so designated, by in- 8 serting ‘‘during the period described in paragraph 9 (2) and’’ before ‘‘after notice and opportunity for 10 public hearings’’; and 11 (3) by adding at the end the following: 12 ‘‘(2)(A) The period during which the Adminis- 13 trator may prohibit the specification (including the 14 withdrawal of specification) of any defined area as 15 a disposal site, or deny or restrict the use of any de- 16 fined area for specification (including the withdrawal 17 of specification) as a disposal site, under paragraph 18 (1) shall— 19 ‘‘(i) begin on the date that the Secretary 20 provides notice to the Administrator that the 21 Secretary has completed all procedures for 22 processing an application for a permit under 23 this section relating to the specification and is 24 ready to determine, in accordance with the 25 VerDate Sep 11 2014 19:24 May 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1820.IH H1820 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1820 IH record and applicable regulations, whether the 1 permit should be issued; and 2 ‘‘(ii) end on the date that the Secretary 3 issues the permit. 4 ‘‘(B) The Secretary shall ensure that the period 5 described in subparagraph (A) consists of not fewer 6 than 30 consecutive days. 7 ‘‘(C) The Secretary may issue a permit under 8 this section only after the Secretary provides notice 9 to the Administrator in accordance with this para- 10 graph.’’. 11 (b) APPLICABILITY.—The amendments made by sub- 12 section (a) shall apply to a permit application submitted 13 under section 404(a) of the Federal Water Pollution Con- 14 trol Act (33 U.S.C. 1344(a)) after the date of enactment 15 of this Act. 16 Æ VerDate Sep 11 2014 19:24 May 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1820.IH H1820 pamtmann on DSKBC07HB2PROD with BILLS