Section 1. Short title

This Act may be cited as the Clarifying Federal General Permits Act.

Sec. 2. Federal general permits

Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following:

(6)

(A)

The Administrator may issue general permits under this section on a State, regional, or nationwide basis, or for a delineated area, for discharges associated with any category of activities, which discharges are of similar types and from similar sources.

(B)

If a general permit issued under this section will expire and the Administrator decides not to issue a new general permit for discharges similar to those covered by the expiring general permit, the Administrator shall publish in the Federal Register a notice of such decision at least two years prior to the expiration of the general permit.

(C)

(i)

If a general permit issued under this section expires and the Administrator has not published a notice in accordance with subparagraph (B), the Administrator shall, until the date described in clause (ii)—

(I)

continue to apply the terms, conditions, and requirements of the expired general permit to any discharge that was covered by the expired general permit; and

(II)

apply such terms, conditions, and requirements to any discharge that would have been covered by the expired general permit (in accordance with any relevant requirements for such coverage) if the discharge had occurred before such expiration.

(ii)

The date described in this clause is the earlier of—

(I)

the date on which the Administrator issues a new general permit for discharges similar to those covered by the expired general permit; or

(II)

the date that is 2 years after the date on which the Administrator publishes in the Federal Register a notice of a decision not to issue a new general permit for discharges similar to those covered by the expired general permit.