Sec. 5. Providing regulatory certainty under the Federal Water Pollution Control Act
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The Nationwide Permits issued, reissued, or modified, as applicable, in the following final rules of the Corps of Engineers are enacted into law: The final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 2744 (January 13, 2021)). The final rule of the Corps of Engineers entitled Reissuance and Modification of Nationwide Permits (86 Fed. Reg. 73522 (December 27, 2021)). Paragraph
(1)ceases to be effective March 14, 2026. Notwithstanding subparagraph (A), the Nationwide Permits described in paragraph
(1)shall remain in effect on and after the date described in that subparagraph until the date on which the Nationwide Permits are reissued or modified. Section 402(b)(1)(B) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(b)(1)(B) ) is amended by striking five years and inserting 10 years . Section 402(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(a)(3) ) is amended— by striking
(3)The permit and inserting the following: Except as provided in subparagraph (B), the permit ; and by adding at the end the following: Notwithstanding subsection (b)(1)(B), a general permit issued or reissued by the Administrator on or after September 19, 2017, under the permit program under paragraph
(1)shall remain in effect until the date on which the Administrator reissues or modifies that general permit. . In this subsection, the term Federal land management agency means— the Forest Service; the National Park Service; the Bureau of Land Management; the United States Fish and Wildlife Service; the Bureau of Indian Affairs; and the Federal Emergency Management Agency. Notwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), a permit under section 402 of that Act ( 33 U.S.C. 1342 ) shall not be required for the discharge of fire retardant in connection with fire suppression, control, or prevention activities carried out by a Federal land management agency, a State government, a political subdivision of a State, or a Tribal government.
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- 86 FR 2744
- 86 FR 73522
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Sec. 5
Providing regulatory certainty under the Federal Water Pollution Control Act
Fed. Reg.86 FR 2744
Fed. Reg.86 FR 73522
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