The Clarifying Federal General Permits Act (HR 3899 IH)
Direct Link: https://www.govinfo.gov/app/details/BILLS-119hr3899ih
Short Title
This Act may be cited as the ‘‘Clarifying Federal General Permits Act’’.
Section 1. Short Title
This Act may be cited as the ‘‘Clarifying Federal
General Permits Act’’.
SECTION 2. FEDERAL GENERAL PERMITS
Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following:
‘‘(6)(A) The Administrator may issue general permits1
under this section on a State, regional, or nationwide2
basis, or for a delineated area, for discharges associated3
with any category of activities, which discharges are of4
similar types and from similar sources.
‘‘(B) If a general permit issued under this section will6
expire and the Administrator decides not to issue a new7
general permit for discharges similar to those covered by8
the expiring general permit, the Administrator shall pub-9
lish in the Federal Register a notice of such decision at10
least two years prior to the expiration of the general per-11
mit.
‘‘(C)(i) If a general permit issued under this section13
expires and the Administrator has not published a notice14
in accordance with subparagraph (B), the Administrator15
shall, until the date described in clause (ii)—16
‘‘(I) continue to apply the terms, conditions,17
and requirements of the expired general permit to18
any discharge that was covered by the expired gen-19
eral permit; and20
‘‘(II) apply such terms, conditions, and require-21
ments to any discharge that would have been cov-22
ered by the expired general permit (in accordance23
with any relevant requirements for such coverage) if24
the discharge had occurred before such expiration.25
‘‘(ii) The date described in this clause is the earlier1
of—2
‘‘(I) the date on which the Administrator issues3
a new general permit for discharges similar to those4
covered by the expired general permit; or5
‘‘(II) the date that is 2 years after the date on6
which the Administrator publishes in the Federal7
Register a notice of a decision not to issue a new8
general permit for discharges similar to those cov-9
ered by the expired general permit.’’.10
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