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Creating Confidence in Clean Water Permitting Act
This bill modifies requirements under the Clean Water Act, including requirements concerning water quality criteria, the National Pollutant Discharge Elimination System (NPDES) program, the permit program for discharging dredged or fill material into waters of the United States, and the meaning of waters of the United States. It also limits the issuance of permits under the act.
First, the bill directs the Environmental Protection Agency (EPA) to develop any new or revised water quality criteria for states through a rule.
Next, the bill modifies the NPDES program, including by providing statutory authority for provisions that shield NPDES permit holders from liability under certain circumstances. It also provides statutory authority for the EPA to issue general permits under the program. The EPA must also provide written notification two years before the expiration of a general permit. If notice is not provided by that deadline, then discharges under the expired permit may continue until a new permit is issued. Finally, the bill extends the maximum term for NPDES permits issued to states or municipalities from 5 to 10 years.
Additionally, the bill modifies the permitting program of the EPA and the U.S. Corps of Engineers that regulates the discharge of dredged or fill material into waters of the United States. For example, the bill limits the EPA's veto authority to restrict, prohibit, deny, or withdraw the specification by the Corps of a site for the discharge of dredged or fill material into waters of the United States. The bill also modifies requirements for general permits to discharge dredge or fill material that are issued on a nationwide, regional, or state basis for particular categories of activities, including by extending the maximum term for a general permit from a period of 5 years to 10 years. It also exempts the Corps from certain consultation and environmental review requirements when reissuing nationwide general permits.
Further, the bill also provides statutory authority for the EPA's decision to approve Florida's request to assume permitting authority from the Corps for the discharge of dredged or fill material. The decision, which was issued in 2020, was subsequently vacated in 2024 by the U.S. District Court for the District of Columbia.
The bill also directs the EPA and the Corps to begin a process to issue guidance on the implementation of the 2023 final rule titled Revised Definition of "Waters of the United States"; Conforming and stipulates the guidance must comply with the decision of the Supreme Court in Sackett v. EPA.
Finally, the bill prohibits permits from being issued under Title IV of the Clean Water Act for any discharges from a point source that is owned or operated by certain foreign counties of concern and any subsidiaries of entities that are subject to the jurisdiction of such countries.
Mar 21, 2024Each bar: ✓ Yea from the bottom, ✕ Nay aboveMar 21, 2024
House Mar 21, 2024 · the primary vote
Creating Confidence in Clean Water Permitting Act
Passed
213 Yea 205 Nay 14 not voting
Party-line vote 3 of 418 voting members broke with their own party: 2 Democrats, 1 Republican.
DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present
432 members on this roll call, from the official House record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Written by the nonpartisan Congressional Research Service, describing H.R. 7023 as passed House on Mar 21, 2024. It is not the text of the measure; a later amendment may have changed what it does.
Organizations that named H.R. 7023 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
122 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.