[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3082 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3082
To amend the Federal Water Pollution Control Act to make changes with
respect to water quality certification, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 19, 2023
Mr. Barrasso (for himself, Mr. Daines, Ms. Lummis, Mr. Cramer, and Mr.
Ricketts) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to make changes with
respect to water quality certification, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Quality Certification
Improvement Act of 2023''.
SEC. 2. CERTIFICATION.
Section 401 of the Federal Water Pollution Control Act (33 U.S.C.
1341) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by inserting ``by the
applicant'' after ``any discharge'';
and
(II) by inserting ``as a result of
the federally licensed or permitted
activity'' after ``into the navigable
waters'';
(ii) in the second sentence, by striking
``activity'' and inserting ``discharge'';
(iii) in the third sentence, by striking
``applications'' each place it appears and
inserting ``requests'';
(iv) in the fifth sentence, by striking
``act on'' and inserting ``grant or deny''; and
(v) by inserting after the fourth sentence
the following: ``The certifying State,
interstate agency, or Administrator shall
publish the requirements for certification that
meet the applicable provisions of sections 301,
302, 303, 306, and 307. The decision to grant
or deny a request shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307 and the grounds for a
decision shall be set forth in writing to the
applicant.'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by striking ``such a
discharge'' and inserting ``a discharge
made into the navigable waters by the
applicant as described in paragraph
(1)'';
(II) by inserting ``receipt of
the'' before ``notice''; and
(III) by striking ``of application
for such Federal license or permit''
and inserting ``under the preceding
sentence'';
(ii) in the third sentence--
(I) by striking ``such discharge''
and inserting ``any discharge made into
the navigable waters by the applicant
as described in paragraph (1)''; and
(II) by striking ``any water
quality requirement'' and inserting
``the applicable provisions of sections
301, 302, 303, 306, and 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
any discharge into the navigable waters by the
applicant as described in paragraph (1) will
comply with the applicable provisions of
sections 301, 302, 303, 306, and 307.''; and
(iv) by striking the first sentence and
inserting ``Not later than 90 days after
receipt of a request for certification, the
certifying State, interstate agency, or
Administrator shall identify in writing all
specific additional materials or information
that are necessary to make a final decision on
a request for certification. On receipt of a
request for certification, the certifying State
or interstate agency, as applicable, shall
immediately notify the Administrator of the
request.'';
(C) in paragraph (3)--
(i) in the first sentence, by striking
``there will be compliance'' and inserting ``a
discharge made into the navigable waters by the
applicant as described in paragraph (1) will
comply''; and
(ii) in the second sentence--
(I) by striking ``section'' and
inserting ``the applicable provisions
of sections''; and
(II) by striking ``or 307 of this
Act'' and inserting ``and 307'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``applicable effluent limitations'' and all
that follows through the period at the end and
inserting ``any discharge made by the applicant
into the navigable waters as described in
paragraph (1) will not violate the applicable
provisions of sections 301, 302, 303, 306, and
307.'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements such Federal'' and inserting
``will result in a discharge made into the
navigable waters by the applicant as described
in paragraph (1) that violates the applicable
provisions of sections 301, 302, 303, 306, and
307, the Federal''; and
(iii) in the third sentence--
(I) by striking ``such facility or
activity'' and inserting ``a discharge
made by the applicant into the
navigable waters as described in
paragraph (1)''; and
(II) by striking ``section 301,
302, 303, 306, or 307 of this Act'' and
inserting ``sections 301, 302, 303,
306, and 307''; and
(E) in paragraph (5)--
(i) by striking ``such facility or activity
has been operated in'' and inserting ``any
discharge made by the applicant into the
navigable waters as described in paragraph (1)
is in''; and
(ii) by striking ``section 301, 302, 303,
306, or 307 of this Act'' and inserting
``sections 301, 302, 303, 306, and 307'';
(2) in subsection (d), by striking ``assure that any
applicant for a Federal license or permit will comply with any
applicable'' and inserting the following: ``ensure that any
discharge made by the applicant into the navigable waters as
described in subsection (a)(1) shall comply with the applicable
provisions of sections 301, 302, 303, 306, and 307. Any
limitations or requirements in the preceding sentence shall
become a condition on any Federal license or permit subject to
the provisions of this section.
``(e) Definition of Applicable Provisions of Sections 301, 302,
303, 306, and 307.--In this section, the term `applicable provisions of
sections 301, 302, 303, 306, and 307' means, as applicable,''; and
(3) in subsection (e) (as so redesignated)--
(A) by striking ``with'';
(B) by striking ``other appropriate''; and
(C) by striking ``set forth'' and all that follows
through the period at the end and inserting
``implementing water quality criteria under section 303
necessary to support the specified designated use or
uses of the receiving navigable water.''.
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