Protecting State Environmental Permits: EPA Cannot Withdraw Approval Without Congress.
This Act aims to prevent the Environmental Protection Agency (EPA) from withdrawing approval of state-run permitting programs for the discharge of dredged or fill material without explicit Congressional authorization. This provides greater stability for environmental programs in Michigan, New Jersey, and Florida, which manage these permits independently. For citizens and construction businesses, this means more predictability in the permitting process, as state rules will be harder for federal authorities to suddenly change.
Key points
Permit Stability: The EPA is prohibited from unilaterally withdrawing approval of state-run discharge permit programs (Section 404 of the Clean Water Act) in Michigan, New Jersey, and Florida.
Congressional Requirement: Any withdrawal of these state program approvals by the EPA must be expressly authorized by a new Act of Congress.
Exception: The EPA can still withdraw approval if a State is not administering the permit program as originally approved.
Process Clarification: The approval of a State permit program will not be considered a federal rule or regulation, potentially streamlining administrative processes.
Expired
Additional Information
Print number: 118_S_4162
Sponsor: Sen. Rubio, Marco [R-FL]
Process start date: 2024-04-18