I
116th CONGRESS
1st Session
H. R. 2205
IN THE HOUSE OF REPRESENTATIVES
April 10, 2019
Mr. McKinley (for himself, Mr. Gianforte, Mr. Gibbs, Mr. LaMalfa, Ms. Cheney, Mr. Stauber, and Mr. Kevin Hern of Oklahoma) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes.
Short title
This Act may be cited as the Water Quality Certification Improvement Act of 2019
.
Certification
Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) is amended—
in subsection (a)—
in paragraph (1)—
in the first sentence—
by inserting by the applicant
after any discharge
; and
by inserting as a result of the federally licensed or permitted activity
after into the navigable waters
;
in the second sentence, by striking activity
and inserting discharge
;
in the third sentence, by striking applications
each place it appears and inserting requests
;
in the fifth sentence, by striking act on
and inserting grant or deny
; and
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.
;
in paragraph (2)—
in the second sentence—
by striking such a discharge
and inserting a discharge made into the navigable waters by the applicant as described in paragraph (1)
;
by inserting receipt of the
before notice
; and
by striking of application for such Federal license or permit
and inserting under the preceding sentence
;
in the third sentence—
by striking such discharge
and inserting any discharge made into the navigable waters by the applicant as described in paragraph (1)
; and
by striking any water quality requirement
and inserting the applicable provisions of sections 301, 302, 303, 306, and 307
;
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
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.
;
in paragraph (3)—
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
in the second sentence—
by striking section
and inserting the applicable provisions of sections
; and
by striking or 307 of this Act
and inserting and 307
;
in paragraph (4)—
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.
;
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
in the third sentence—
by striking such facility or activity
and inserting a discharge made by the applicant into the navigable waters as described in paragraph (1)
; and
by striking section 301, 302, 303, 306, or 307 of this Act
and inserting sections 301, 302, 303, 306, and 307
; and
in paragraph (5)—
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
by striking section 301, 302, 303, 306, or 307 of this Act
and inserting sections 301, 302, 303, 306, and 307
; and
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.
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
in subsection (e) (as so redesignated)—
by striking with
;
by striking other appropriate
; and
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.
.