PERMIT Act

Bill Number: H.R. 3898
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Environmental Protection
Status: Passed House
Latest Action: 2025-12-15: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Last Updated: 2026-06-11T23:26:31Z

AI-Generated Summary

Purpose

The Promoting Efficient Review for Modern Infrastructure Today Act (PERMIT Act), H.R. 3898, amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to streamline environmental permitting processes, reduce regulatory burdens, and clarify the scope of federal jurisdiction over U.S. waters. It aims to facilitate faster approvals for infrastructure, energy, and agricultural projects while maintaining environmental protections, by emphasizing cost-effective technologies, state involvement, and limited judicial interference.

Key Provisions

The Act includes targeted reforms across multiple sections of the Clean Water Act, grouped thematically below:

Water Quality Standards and Criteria (Sections 2-4):
Requires states and the Environmental Protection Agency (EPA) to review water quality standards for cost-effectiveness, especially for combined sewer overflows.
Mandates consideration of the cost and commercial availability of treatment technologies when developing or revising standards and criteria.
Establishes formal rulemaking procedures for new or revised criteria, with judicial review options.

Water Quality Certifications (Section 5):
Reforms Section 401 certifications (state approvals for federal permits affecting water quality) by setting a one-year deadline for decisions, requiring written justifications, and limiting grounds to specific Clean Water Act provisions (e.g., effluent limits under Sections 301, 302, 303, 306, 307).
Defines complete certification requests and allows waivers; enforcement of conditions is limited to the issuing agency.
Provides expedited judicial review (up to 120 days) for energy-related certifications, with strict standing requirements and remedies focused on remand rather than vacating permits.

National Pollutant Discharge Elimination System (NPDES) Permits (Sections 6-8):
Authorizes broader federal general permits and requires advance notice (two years) before expiration; expired permits' terms continue for up to two years.
Extends NPDES permit terms from five to ten years for state programs.
Clarifies that permit compliance covers identified pollutants and certain unlisted ones tied to monitored parameters or operations; water quality-based limits must be numerical or clearly described.

Exemptions and Specific Discharges (Sections 9-11, 20):
Exempts firefighting chemical discharges from permits if from Forest Service-approved products.
Excludes agricultural stormwater discharges (including from subsurface drainage) from NPDES permits.
Removes permit requirements for most pesticide applications (except violations, stormwater, or certain industrial discharges).
Redefines "navigable waters" to exclude waste treatment systems, ephemeral (short-lived, rain-only) features, prior converted croplands used for agriculture, groundwater, and other features determined by EPA and the Army Corps of Engineers.

Dredge and Fill Permits (Sections 12-19):
Limits EPA veto authority over disposal sites to the permit application period.
Improves nationwide general permits under Section 404, extending terms to ten years; deems impacts under 3 acres minimal and requires maintenance for linear infrastructure/pipelines (e.g., up to 0.5 acres loss for pipelines).
Sets deadlines for additional information requests (45 days) and judicial review (60 days), with limited remedies (remand preferred over injunctions unless imminent danger exists).
Ratifies state dredge/fill programs in Michigan, New Jersey, and Florida, prohibiting EPA withdrawal without congressional approval; encourages more state programs via streamlined reviews.
Revises compensatory mitigation rules (e.g., for wetlands losses) to promote flexibility, recognize temporary impacts (like mining reclamation), and allow credit trading; requires guidance on success criteria.
Directs the Army Corps to reduce backlogs in permit applications and jurisdictional determinations.

Other Reforms (Sections 21-26):
Adjusts Spill Prevention, Control, and Countermeasure (SPCC) rules to raise thresholds for farm storage (e.g., from 20,000 to 42,000 gallons).
Encourages state coordination with the Federal Permitting Improvement Steering Council for major projects.
Expresses congressional support for voluntary Chesapeake Bay Watershed Agreement compliance.
Requires Army Corps review of federal lands for water recharge suitability and streamlined permitting.
Establishes a voluntary pilot for state-led nutrient pollution reductions without regulating nonpoint sources (e.g., farm runoff).
Authorizes the U.S. Section of the International Boundary and Water Commission to accept up to $5 million annually in funds for water projects, with reporting and restrictions on foreign sources.

Significant Changes to Existing Law

Permit Durations and Processes: Extends NPDES and dredge/fill permit terms to 10 years (from 5), introduces automatic extensions for expired general permits, and mandates timelines (e.g., 90 days for certification completeness, 45 days for additional info).
Jurisdictional Scope: Narrows "navigable waters" by codifying exclusions for ephemeral features and prior converted croplands, aligning with prior EPA/Army guidance but making them statutory.
State and Federal Balance: Prohibits EPA from withdrawing approved state programs without Congress; streamlines Section 401 to focus on direct discharges and limit state overreach.
Judicial Oversight: Imposes 60-day filing deadlines for reviews, restricts standing to those with economic harm or prior commenters, and favors remand over permit invalidation.
Exemptions: Adds or clarifies no-permit needs for agriculture, pesticides, and firefighting, reducing coverage for certain activities.
Mitigation and Backlogs: Updates 2008 mitigation rules for flexibility (e.g., temporary impacts, credit trading) and requires backlog elimination within 60 days.

Potential Impacts

Government Agencies: EPA and Army Corps face reduced backlogs and streamlined workloads (e.g., faster reviews, fewer vetoes), but must implement new rules and guidance within 180-365 days; states gain more authority, potentially shifting responsibilities.
Citizens and Businesses: Faster permitting could accelerate infrastructure (e.g., pipelines, energy transmission) and agricultural operations, lowering costs; farmers and industries benefit from exemptions, but environmental groups may see weakened protections against pollution.
International Relations: Minor effects via enhanced U.S.-Mexico water commission funding for border projects, promoting cooperation on wastewater and flood control without expanding foreign influence (limits on "countries of concern").

Main Stakeholders Affected

Federal Agencies: EPA (criteria, certifications, oversight); Army Corps of Engineers (dredge/fill permits, jurisdictional determinations, mitigation).
State and Local Governments: States administering permits (e.g., Michigan, New Jersey, Florida) gain stability and efficiency; others encouraged to assume programs.
Industries: Energy (pipelines, transmission), agriculture (stormwater, pesticides), construction/infrastructure (linear projects), mining (reclamation credits).
Environmental and Public Interest Groups: May challenge narrowed jurisdictions or limited reviews, affecting water quality advocacy.
Farmers and Landowners: Benefit from agricultural exclusions and cropland protections.
International Entities: U.S.-Mexico Boundary Commission for cross-border water efforts.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens permit certainty by limiting judicial remedies (e.g., no automatic vacaturs) and statutes of limitations, potentially reducing litigation but raising concerns over enforcement gaps; codifies exclusions to prevent regulatory flip-flopping on "waters of the U.S."
Constitutional: Advances federalism by empowering states in permitting (e.g., ratification of programs, streamlined approvals), aligning with 10th Amendment principles of state sovereignty over local waters, while clarifying federal limits.
Political: Promotes deregulation to boost infrastructure and energy independence, reflecting priorities for economic growth over stringent environmental rules; voluntary pilots and sense-of-Congress provisions encourage cooperation without mandates, but could spark debates on pollution risks versus development needs.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Collins, Mike [R-GA-10]

Cosponsors (8)

Rep. Graves, Sam [R-MO-6], Rep. LaMalfa, Doug [R-CA-1], Rep. Rouzer, David [R-NC-7], Rep. Hurd, Jeff [R-CO-3], Rep. Owens, Burgess [R-UT-4], Rep. Stauber, Pete [R-MN-8], Rep. Crawford, Eric A. "Rick" [R-AR-1], Rep. Taylor, David J. [R-OH-2]

Recent Actions

2025-12-15: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
2025-12-11: Motion to reconsider laid on the table Agreed to without objection.
2025-12-11: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330). (Roll call 330)
2025-12-11: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330). (Roll call 330)
2025-12-11: On motion to recommit Failed by the Yeas and Nays: 210 - 216 (Roll no. 329). (Roll call 329)
2025-12-11: The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
2025-12-11: Ms. McDonald Rivet moved to recommit to the Committee on Transportation and Infrastructure. (text: CR H5793)
2025-12-11: Considered as unfinished business. (consideration: CR H5793-5794)
2025-12-11: Pursuant to clause 1(c) of rule XIX, the House resumed consideration on HR 3898.
2025-12-11: POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 3898 would be postponed.
2025-12-11: The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.
2025-12-11: The previous question was ordered pursuant to the rule.
2025-12-11: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3898.
2025-12-11: DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 8.
2025-12-11: DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Nunn (IA) amendment No. 7.

Bill Versions

Promoting Efficient Review for Modern Infrastructure Today Act — issued 2025-12-11 — PDF (56 pages)
Promoting Efficient Review for Modern Infrastructure Today Act — issued 2025-06-11 — PDF (2 pages)
Promoting Efficient Review for Modern Infrastructure Today Act — issued 2025-12-15 — PDF (54 pages)
Promoting Efficient Review for Modern Infrastructure Today Act — issued 2025-07-02 — PDF (42 pages)