Title: Water Quality Certification Improvement Act of 2021
Policy area: Environmental Protection

Summary:
Water Quality Certification Improvement Act of 2021
This bill limits the authority of states with respect to water quality certifications. Specifically, the bill limits the authority of states to review federally permitted activities that may result in discharges into navigable waters.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1761 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1761

 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

                              May 20, 2021

  Mr. Barrasso (for himself, Mr. Daines, Mr. Cramer, Mrs. Capito, Mr. 
  Toomey, Ms. Lummis, and Mr. Inhofe) 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 2021''.

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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