Understanding H.R.3898: PERMIT Act

The PERMIT Act makes several important changes to existing laws about water and infrastructure. First, it narrows the definition of "waters of the United States" (WOTUS) under the Clean Water Act. This means that certain water bodies, like temporary streams that only flow after rain, groundwater, and some farmlands, would no longer be regulated as strictly. This change is intended to prevent overregulation of areas that are not always wet. Another key part of the bill is the reform of the Section 401 water quality certification process. This is a step in getting federal permits where states or the Environmental Protection Agency (EPA) must approve that a project won't harm water quality. The bill sets a one-year deadline for these approvals, which is meant to prevent long delays. It also limits the reasons states can use to deny a permit, focusing only on specific sections of the Clean Water Act. The bill also standardizes what information applicants need to provide when seeking permits. This includes details about the project, what it will discharge into the water, and which waters will be affected. Additionally, it limits the ability of courts to stop projects by challenging permits unless there's an immediate threat to health or the environment.

The PERMIT Act could have significant impacts on both the environment and the economy. For industries like agriculture and construction, this bill could mean faster and cheaper project approvals. Farmers could benefit from fewer regulations on lands that were converted for farming before 1985, potentially increasing the amount of land available for agriculture. However, there are concerns about the environmental impact. By excluding certain water bodies from regulation, there could be increased risks of pollution and harm to ecosystems. This could affect communities that rely on clean water and healthy environments, especially in areas prone to droughts or flooding. For everyday Americans, this bill could mean changes in how quickly infrastructure projects like roads and bridges are completed, potentially reducing commute times and improving transportation. On the flip side, there might be environmental trade-offs, such as increased pollution in certain areas.

- Reduces Regulatory Uncertainty: By clearly defining what counts as WOTUS, the bill aims to prevent overregulation and litigation, which can delay projects. - Speeds Up Infrastructure Projects: The one-year deadline for water quality certifications is intended to cut down on the multi-year backlogs that currently slow down projects. - Limits State Overreach: By tying certification decisions to specific sections of the Clean Water Act, the bill aims to prevent states from blocking projects for vague reasons. - Promotes General Permits: Allowing for statewide or nationwide permits for common discharges can reduce the need for individual reviews, saving time and money. - Protects Judicial Stability: By limiting when courts can vacate permits, the bill aims to prevent costly project delays.

- Weakens Clean Water Act Protections: Excluding certain water bodies from regulation could lead to increased pollution and harm to ecosystems. - Enables Development in Sensitive Areas: The bill could allow for development in areas that are important for flood control and wildlife habitats. - Undermines State Authority: By imposing a one-year deadline and limiting the conditions for denial, the bill could reduce states' ability to enforce their own environmental standards. - Judicial Limits Favor Polluters: By restricting when courts can intervene, the bill could allow harmful projects to proceed without adequate oversight. - Inadequate Completeness Checks: The 90-day period for requesting additional information might rush reviews, leading to incomplete assessments.