H.R. 3902 — Restoring Federalism in Clean Water Permitting Act

This section directs the EPA Administrator, not later than 180 days after enactment, to review regulations applicable to approving state permit programs under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)—which authorizes states to assume responsibility for issuing dredged or fill material discharge permits currently administered by the U.S. Army Corps of Engineers—to identify revisions that streamline the approval process, reduce administrative burdens, and encourage additional states to administer such programs; and to implement any such revisions as appropriate.

This section inserts new subsection (t) to Section 404 of the Clean Water Act (33 U.S.C. 1344) to establish judicial review procedures for EPA approvals of state permit programs (i.e., state administration of dredged or fill material discharge permitting previously handled by the U.S. Army Corps of Engineers). The new subsection—(1) sets a 60-day statute of limitations for filing such actions, regardless of other statutes of limitations; (2) limits actions to parties that submitted detailed public comments on the relevant issue during the administrative process; (3) requires courts, upon finding EPA noncompliance, to remand to EPA for further proceedings and bars vacating or enjoining the state program unless it presents imminent and substantial danger to human health or the environment with no other remedy available; and (4) directs courts, on remand, to set an enforcement deadline of no more than 180 days for EPA action. It also redesignates existing subsection (t) as subsection (u) and adds the title "Savings provision.—" to that subsection.