[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5804-S5805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6278. Mr. BARRASSO submitted an amendment intended to be proposed
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. 10__. WATER QUALITY 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
[[Page S5805]]
(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.''.
______