This bill ratifies and approves certain State permit programs for the discharge of dredged or fill material under section 404 of the Clean Water Act. It names the programs for Michigan, New Jersey, and Florida (including Florida’s Programmatic Biological Opinion with Incidental Take Statement). The EPA Administrator may not withdraw approval of those programs, including by using section 404(i), unless a later Act of Congress expressly authorizes the withdrawal. For 90 days after the bill becomes law, the Secretary of the Army (through the Chief of Engineers) and the State of Florida may both issue permits in Florida. The bill also directs the EPA to treat newly submitted State programs that it finds comparable to the listed programs in a specific way: the EPA must notify the Army and the State, and after notice the Army must suspend issuing permits for activities the State will cover. Finally, the bill adds that approval of a State permit program under section 404(h) is not considered a rule or regulation.
If you live, work, or seek permits for projects that discharge dredged or fill material in Michigan, New Jersey, or Florida, this bill would confirm that those State permit programs remain in effect and cannot be withdrawn by the EPA Administrator without new congressional action. For the first 90 days after enactment, both the Army Corps and Florida may issue permits in Florida. If EPA later finds another State’s program comparable, that State could begin issuing permits and the Army Corps would suspend issuing permits for the same activities after notification.
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The bill’s text states its purpose is to make certain EPA approvals have the force and effect of law and to prevent the EPA Administrator from withdrawing approval of the named State programs unless Congress consents. It also provides a short transition period for Florida and clarifies that program approval is not a rule or regulation.
No publicly available information.