AIMarkup of the PERMIT Act to reform Clean Water Act permitting

Environmental Permitting and Water InfrastructureHouse Transportation and Infrastructure · 2025-06-25 · 119th Congress
The House Transportation and Infrastructure Committee met to mark up an amendment in the nature of a substitute to H.R. Begins at 0:15:30
Transcript
Highlights

Title

Markup of the PERMIT Act to reform Clean Water Act permitting

Purpose

The House Transportation and Infrastructure Committee met to mark up an amendment in the nature of a substitute to H.R. 3898, the PERMIT Act, a package of Clean Water Act permitting reforms combining numerous individual members' bills on topics including WOTUS exclusions, section 401 water quality certifications, general permits, pesticide regulation, and aerial fire retardant use. The markup included a lengthy series of Democratic amendments — largely rejected on near party-line recorded votes — seeking EPA impact studies on disadvantaged communities, PFAS, algal blooms, and Great Lakes water quality before the bill could take effect. The committee ultimately ordered the bill favorably reported as amended. Begins at0:15:30

Who spoke

Chairman Sam Graves (R-MO)0:15:30: Opened the markup, called up H.R. 3898, and later offered a manager's amendment with technical fixes and provisions from Reps. Stauber, Feenstra (Peterronis in transcript), and Johnson0:58:26; opposed nearly all Democratic amendments and presided over recorded votes3:11:05.

Rep. Mike Collins (R-GA), WRE Subcommittee Chair0:16:57: Offered the amendment in the nature of a substitute, describing it as codifying longstanding WOTUS exclusions0:18:49, EPA general permit reissuance requirements0:19:09, and a commercial-availability-of-technology requirement he tied to a Biden-era steam power plant rule0:19:33; opposed most Democratic amendments throughout, including on wetlands no-net-loss1:49:53 and PFAS2:04:47.

Rep. John Larson (D-CT), Ranking Member0:20:20: Announced opposition to the ANS, arguing it guts federal authority and undermines state/tribal partnership on clean water0:21:15; offered Amendment 01 removing three provisions limiting state 401 authority, citing objections from Texas, Idaho, Florida, and North Carolina to past federal 401 changes1:08:55; supported several Democratic amendments including on 404(c) protections for Bristol Bay2:33:57.

Rep. Scott Perry (R-PA)0:24:36: Argued permitting delays are based on requirements "beyond the limits of technology"0:25:24 and cited PJM grid strain and a $5,000/MWh spike as evidence of energy scarcity from restrictive permitting0:26:18; later offered an amendment on Chesapeake Bay TMDL cooperation that passed2:06:10.

Rep. Jared Huffman (D-CA)0:27:45: Argued the bill's cuts to grid interties, paired with reconciliation-bill infrastructure cuts, worsen blackout risk0:28:12; warned the bill relies on an EPA/Army Corps gutted by staff cuts of 25-30%1:04:24; later offered amendments to preserve tribal 401 authority2:26:56 and to protect Bristol Bay/Pebble Mine from a weakened 404(c) timeline2:29:41, both rejected on recorded votes.

Rep. David Rouzer (R-NC)0:31:04: Touted his Nationwide Permitting Improvement Act, Reducing Regulatory Burdens Act, and Improving Water Quality Certifications Act as included in the package0:31:31; repeatedly opposed Democratic amendments, saying states like California, Washington, Oregon, and New York have "abused section 401" to block a coal terminal, gas pipeline, and LNG facility1:11:14.

Rep. (unidentified GA member on dredging)0:34:13: Described a district facility stuck in litigation for 15 years, settled just before the markup0:35:13.

Rep. Jeff Hurd (R-CO)0:35:44: Highlighted his Jurisdictional Determination Backlog Reduction Act, citing a Corps backlog of over 3,500 jurisdictional determinations0:36:10.

Rep. (unidentified, "Mr. Start")0:37:01: Promoted Section 12, his Reducing Permitting Uncertainty Act, clarifying EPA's timeline to veto Section 404(c) permits0:38:26.

Rep. (unidentified, "Mr. Shri")0:39:35: Discussed his Water Quality Standards Attainability Act, citing EPA rollbacks of Indiana water-quality-standard changes for Indianapolis and Fort Wayne in early 20240:40:53.

Rep. Mike Taylor (?)0:42:14: Highlighted his Confidence in Clean Water Permits Act, citing the Supreme Court's San Francisco v. EPA decision on NPDES permit ambiguity0:42:41.

Rep. Burgess Owens (R-UT)0:43:31: Argued EPA sets water quality criteria via "guidance" without public input or rulemaking, avoiding transparency0:44:21.

Rep. (unidentified FL member on state 404 assumption)0:44:50: Backed a bill restoring Florida's stripped-away 404 permitting authority0:45:14.

Rep. Andrew Burlison? / "Burlson" (R-MO)0:46:13: Discussed his Judicial Review Timeline Clarity Act, setting a 60-day window to challenge Section 404 permits after the Sackett v. EPA decision0:47:04.

Rep. Doug LaMalfa (R-CA)0:48:29: Presented his Forest Protection and Wildland Fire Safety Act, citing over 15 million acres burned in California 2013–20240:49:11 and the 2018 Camp Fire's 85 deaths0:49:55; described a 2022 lawsuit forcing the Forest Service toward an NPDES permit for aerial fire retardant, which his bill would exempt0:50:25.

Rep. Frederica Wilson (D-FL)0:54:10: Moved to strike the last word, argued the bill accelerates decisions harming disadvantaged communities0:55:06; later offered an amendment requiring an EPA/Corps disparate-impact report, rejected by voice vote1:27:57.

Rep. Emilia Sykes (D-OH)0:56:05: Invoked the Cuyahoga River fire as the Clean Water Act's origin0:56:37; offered a "no net loss of wetlands" amendment citing 61-98% of Ohio wetlands at risk post-Sackett, rejected on recorded vote2:18:19; offered a harmful-algal-blooms certification amendment citing the 2014 Toledo water crisis affecting 500,000 people, rejected on recorded vote2:18:35; offered a cost-related amendment tying pollution to ratepayer costs, also rejected2:23:13.

Rep. Troy Nehls / "Mr. Malfa" reply — see LaMalfa above (amendment exchange with Mr. Garamendi)1:37:18.

Rep. John Garamendi (D-CA)1:03:34: Warned the bill assumes a fully-staffed EPA and Army Corps despite DOGE-driven staff cuts of 25-30%1:04:24; offered an amendment (on behalf of Rep. Hoyle) to keep aerial fire retardant under Clean Water Act jurisdiction, describing his own ranch's experience with retardant near a stock pond1:32:12, ultimately not agreed to1:44:10; also offered and withdrew an amendment on the 10-year permit window for private vs. public entities1:16:09.

Rep. Pete Stauber (R-MN)1:00:40: Described the first-ever Section 401(a)(2) hearing convened for the NewRange Copper-Nickel mining project in northern Minnesota after Biden remanded its permit, and his amendment to set a firm hearing timeline1:00:59.

Rep. Laura Friedman (D-CA)1:59:19: Offered an amendment to prevent contamination of water available for recycling/groundwater recharge, citing L.A. Sanitation District recycling water safely since 19621:59:46, rejected on recorded vote2:02:08.

Rep. Nick LaLota / "Miss Gillan" (D-NY)2:02:58: Offered a PFAS-certification amendment, citing PFAS contamination found in Hempstead's century-old water plant and constituent Mary Florence Perrie's petition2:03:23, rejected by voice vote2:05:42.

Rep. Dina Titus (D-NV)1:19:39: Offered an amendment (No. 173) capping ephemeral-stream exemptions at 70% of any state's waters, citing 88% of Nevada streams as ephemeral1:20:00, rejected on recorded vote1:23:20; also introduced Rep. Stanton's amendment pausing implementation pending an EPA "do no harm" determination for arid regions, citing 54% of Arizona's water from surface sources1:28:19, rejected on recorded vote.

Rep. Kristen McDonald Rivet (D-MI)1:55:06: Offered an amendment requiring EPA certification against increased Great Lakes pollution/algal blooms, citing the Great Lakes' $6 trillion economy and 90% of U.S. surface freshwater1:55:34, rejected on recorded vote1:58:55.

Rep. Kristen Shelton? / "Miss Scolton" (D-MI)1:51:00: Offered an amendment to protect water from chemicals harmful to pregnant women and children, framed around FIFRA/pesticide regulation dispute1:51:30, rejected on recorded vote1:54:36.

Rep. Shomari Figures (D-AL)2:23:20: Offered an amendment prohibiting provisions that worsen flood risk or pollution in low-income/rural communities, citing his Gulf Coast, hurricane-prone district2:23:43, rejected2:26:28.

Rep. Hank Johnson (D-GA)2:35:54: Offered an amendment affirming support for full EPA clean-water infrastructure funding, contrasting proposed Trump administration cuts with the bill's deregulation2:36:25, rejected by voice vote2:38:42.

Rep. Nellie Pou (D-NJ)2:39:59: Offered an amendment requiring EPA certification against increased sewer overflow/storm water/flooding risk, citing Hurricane Ida's 2021 flooding and contamination of Paterson's drinking water for 200,000 residents2:41:19, rejected on recorded vote2:43:43.

Rep. Pat Ryan (D-NY)2:44:13: Offered an amendment against increased PFAS/nutrient discharge, citing PFAS contamination in Newburgh and New Windsor, NY drinking water2:44:44, rejected on recorded vote2:47:09.

Rep. Steve Cohen (D-TN) [3:12:34, tribute only]: Was honored by Larson3:09:08 and Chairman Graves3:11:05 for his committee service before moving to the Intelligence Committee; Rep. Tim Burchett also gave personal tribute3:12:05.

Rep. Tim Burchett (R-TN)3:12:05: Shared personal recollections of Steve Cohen from Tennessee state legislature service.

Key moments

Rep. Perry cited a nearly $5,000-per-megawatt PJM interconnection price spike as evidence of grid strain, saying it would translate to roughly $500 to charge a Tesla0:26:380:27:04.

Chairman Collins said the manager's amendment incorporates provisions from Reps. Stauber, Feenstra, and Johnson on 401 clarity, state 404 assumption, and coordination with the federal permitting council0:58:56.

Rep. Garamendi warned that the bill's provisions "rely upon an EPA and Army Corps of Engineers that are fully staffed," citing 25-30% Army Corps staff cuts1:04:241:04:49.

Rep. Stauber said his northern Minnesota district accounts for 95% of America's nickel, 88% of its cobalt, and 75% of its platinum, and described the NewRange mining project's 20-plus years in permitting/litigation1:01:161:01:57.

Rep. Titus said her amendment would block the ephemeral-streams exemption in any state where it would strip protection from 70% or more of that state's waters, noting 88% of Nevada streams and 86% of Arizona streams are ephemeral1:21:381:21:08.

Rep. Sykes cited estimates that 61-98% of Ohio's wetlands are at risk under the Sackett decision1:47:41.

Nearly every Democratic amendment requiring an EPA certification/impact study (Wilson, Sykes ×3, Shelton, McDonald Rivet, Friedman, Gillan/LaLota, Figures, Pou, Ryan, Huffman ×2, Titus ×2) was rejected on a consistent 30-33/35 recorded vote margin3:16:05.

The lone bipartisan-passed Republican amendment was Rep. Perry's Chesapeake Bay TMDL "sense of Congress" language, adopted by voice vote after Larson's opposition2:10:15.

Rep. Huffman's amendment protecting Bristol Bay, Alaska and 13 other sites from a shortened 404(c) veto timeline — tied to opposition to the Pebble Mine project — was rejected on recorded vote2:30:532:35:25.

The full amendment in the nature of a substitute as amended was adopted by voice vote3:31:00, and H.R. 3898 as amended was ordered favorably reported to the House by a recorded vote of 34-303:32:343:32:53.

Metadata

Official titleMarkup of an Amendment in the Nature of a Substitute to H.R. 3898, the Promoting Efficient Review for Modern Infrastructure Today Act (PERMIT Act); and other matters cleared for consideration
CommitteeHouse Transportation and Infrastructure
Chamber / CongressHouse · 119th Congress
Date2025-06-25
TypeMarkup
Witnesses
(none listed in event metadata)
Videoyoutube
Transcript398 caption blocks · 25,045 words · 3:34:33 runtime
EventCongress.gov 118391