[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1152 Reported in House (RH)]
<DOC>
Union Calendar No. 5
118th CONGRESS
1st Session
H. R. 1152
[Report No. 118-10]
To amend the Federal Water Pollution Control Act to make changes with
respect to water quality certification, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2023
Mr. Rouzer (for himself and Mr. Graves of Louisiana) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
March 17, 2023
Additional sponsor: Mr. Perry
March 17, 2023
Reported from the Committee on Transportation and Infrastructure;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
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 and
Energy Project 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, by striking
``may result'' and inserting ``may directly
result'';
(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: ``Not later than 30 days after
the date of enactment of the Water Quality
Certification and Energy Project Improvement
Act of 2023, each State and interstate agency
that has authority to give such a
certification, and the Administrator, shall
publish requirements for certification to
demonstrate to such State, such interstate
agency, or the Administrator, as the case may
be, compliance with the applicable provisions
of sections 301, 302, 303, 306, and 307. A
decision to grant or deny a request for
certification shall be based only on the
applicable provisions of sections 301, 302,
303, 306, and 307, and the grounds for the
decision shall be set forth in writing and
provided to the applicant. Not later than 90
days after receipt of a request for
certification, the State, interstate agency, or
Administrator, as the case may be, shall
identify in writing all specific additional
materials or information that are necessary to
grant or deny the request.'';
(B) in paragraph (2)--
(i) in the second sentence, by striking
``notice of application for such Federal
license or permit'' and inserting ``receipt of
a notice under the preceding sentence'';
(ii) in the third sentence, by striking
``any water quality requirement'' and inserting
``any applicable provision of section 301, 302,
303, 306, or 307'';
(iii) in the fifth sentence, by striking
``insure compliance with applicable water
quality requirements.'' and inserting ``ensure
compliance with the applicable provisions of
sections 301, 302, 303, 306, and 307.'';
(iv) in the final sentence, by striking
``insure'' and inserting ``ensure''; and
(v) by striking the first sentence and
inserting ``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), in the second sentence, by
striking ``section'' and inserting ``any applicable
provision of section'';
(D) in paragraph (4)--
(i) in the first sentence, by striking
``applicable effluent limitations or other
limitations or other applicable water quality
requirements will not be violated'' and
inserting ``no applicable provision of section
301, 302, 303, 306, or 307 will be violated'';
(ii) in the second sentence, by striking
``will violate applicable effluent limitations
or other limitations or other water quality
requirements'' and inserting ``will directly
result in a discharge that violates an
applicable provision of section 301, 302, 303,
306, or 307,''; and
(iii) in the third sentence, by striking
``such facility or activity will not violate
the applicable provisions'' and inserting
``operation of such facility or activity will
not directly result in a discharge that
violates any applicable provision''; and
(E) in paragraph (5), by striking ``the applicable
provisions'' and inserting ``any applicable
provision'';
(2) in subsection (d), by striking ``any applicable
effluent limitations and other limitations, under section 301
or 302 of this Act, standard of performance under section 306
of this Act, or prohibition, effluent standard, or pretreatment
standard under section 307 of this Act, and with any other
appropriate requirement of State law set forth in such
certification, and'' and inserting ``the applicable provisions
of sections 301, 302, 303, 306, and 307, and any such
limitations or requirements''; and
(3) by adding at the end the following:
``(e) For purposes of this section, the applicable provisions of
sections 301, 302, 303, 306, and 307 are any applicable effluent
limitations and other limitations, under section 301 or 302, standard
of performance under section 306, prohibition, effluent standard, or
pretreatment standard under section 307, and requirement of State law
implementing water quality criteria under section 303 necessary to
support the designated use or uses of the receiving navigable
waters.''.
Union Calendar No. 5
118th CONGRESS
1st Session
H. R. 1152
[Report No. 118-10]
_______________________________________________________________________
A BILL
To amend the Federal Water Pollution Control Act to make changes with
respect to water quality certification, and for other purposes.
_______________________________________________________________________
March 17, 2023
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed