What This Bill Does
This bill changes how states and federal agencies make decisions about water quality certifications. It requires these agencies to base their decisions only on specific federal water pollution rules and to clearly explain their reasoning to applicants.
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Who It Affects
- States with authority to issue water quality certifications
- Interstate agencies (agencies made up of multiple states) with certification authority
- The federal administrator overseeing water quality
- People and businesses applying for water quality certifications
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Key Provisions
- States and interstate agencies must publish their certification requirements within 30 days of the bill becoming law. These requirements must show how applicants can prove they follow five specific federal water pollution sections. (Sec. 2(a)(1))
- Certification decisions must be based only on five specific federal water pollution sections. The agency must write down its reasons for granting or denying a request and give those reasons to the applicant. (Sec. 2(a)(1))
- Within 90 days of receiving a certification request, the state, interstate agency, or administrator must list in writing all additional materials or information needed to make a decision. (Sec. 2(a)(1))
- When a state or interstate agency receives a certification request, it must immediately notify the federal administrator. (Sec. 2(a)(2))
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What Changes
The bill narrows what factors states and agencies can consider when making water quality certification decisions. Currently they can consider broader "water quality requirements." Under this bill, they can only consider specific effluent limitations (rules about what can be discharged), performance standards, and prohibitions listed in sections 301, 302, 303, 306, and 307 of existing federal law.
The bill also requires these agencies to give applicants written notice of what additional information is needed and to explain their decisions in writing.
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Important Definitions
- Effluent limitations: rules that limit what pollutants can be released from a facility
- Discharge: the release of materials into water
- Pretreatment standard: requirement to treat waste before it goes into a public treatment system
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Effective Date
Not specified in bill text
IB
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 fol-
lowing 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; com-
mitted to the Committee of the Whole House on the State of the Union
and ordered to be printed
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•HR 1152 RH
A BILL
To amend the Federal Water Pollution Control Act to make
changes with respect to water quality certification, and
for other purposes.
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•HR 1152 RH
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Water Quality Certifi-
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cation and Energy Project Improvement Act of 2023’’.
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SEC. 2. CERTIFICATION.
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Section 401 of the Federal Water Pollution Control
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Act (33 U.S.C. 1341) is amended—
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(1) in subsection (a)—
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(A) in paragraph (1)—
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(i) in the first sentence, by striking
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‘‘may result’’ and inserting ‘‘may directly
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result’’;
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(ii) in the second sentence, by striking
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‘‘activity’’ and inserting ‘‘discharge’’;
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(iii) in the third sentence, by striking
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‘‘applications’’ each place it appears and
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inserting ‘‘requests’’;
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(iv) in the fifth sentence, by striking
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‘‘act on’’ and inserting ‘‘grant or deny’’;
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and
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(v) by inserting after the fourth sen-
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tence the following: ‘‘Not later than 30
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days after the date of enactment of the
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Water Quality Certification and Energy
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•HR 1152 RH
Project Improvement Act of 2023, each
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State and interstate agency that has au-
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thority to give such a certification, and the
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Administrator, shall publish requirements
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for certification to demonstrate to such
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State, such interstate agency, or the Ad-
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ministrator, as the case may be, compli-
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ance with the applicable provisions of sec-
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tions 301, 302, 303, 306, and 307. A deci-
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sion to grant or deny a request for certifi-
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cation shall be based only on the applicable
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provisions of sections 301, 302, 303, 306,
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and 307, and the grounds for the decision
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shall be set forth in writing and provided
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to the applicant. Not later than 90 days
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after receipt of a request for certification,
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the State, interstate agency, or Adminis-
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trator, as the case may be, shall identify in
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writing all specific additional materials or
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information that are necessary to grant or
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deny the request.’’;
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(B) in paragraph (2)—
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(i) in the second sentence, by striking
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‘‘notice of application for such Federal li-
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•HR 1152 RH
cense or permit’’ and inserting ‘‘receipt of
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a notice under the preceding sentence’’;
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(ii) in the third sentence, by striking
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‘‘any water quality requirement’’ and in-
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serting ‘‘any applicable provision of section
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301, 302, 303, 306, or 307’’;
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(iii) in the fifth sentence, by striking
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‘‘insure compliance with applicable water
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quality requirements.’’ and inserting ‘‘en-
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sure compliance with the applicable provi-
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sions of sections 301, 302, 303, 306, and
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307.’’;
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(iv) in the final sentence, by striking
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‘‘insure’’ and inserting ‘‘ensure’’; and
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(v) by striking the first sentence and
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inserting ‘‘On receipt of a request for cer-
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tification, the certifying State or interstate
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agency, as applicable, shall immediately
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notify the Administrator of the request.’’;
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(C) in paragraph (3), in the second sen-
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tence, by striking ‘‘section’’ and inserting ‘‘any
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applicable provision of section’’;
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(D) in paragraph (4)—
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(i) in the first sentence, by striking
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‘‘applicable effluent limitations or other
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•HR 1152 RH
limitations or other applicable water qual-
1
ity requirements will not be violated’’ and
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inserting ‘‘no applicable provision of sec-
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tion 301, 302, 303, 306, or 307 will be vio-
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lated’’;
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(ii) in the second sentence, by striking
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‘‘will violate applicable effluent limitations
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or other limitations or other water quality
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requirements’’ and inserting ‘‘will directly
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result in a discharge that violates an appli-
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cable provision of section 301, 302, 303,
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306, or 307,’’; and
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(iii) in the third sentence, by striking
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‘‘such facility or activity will not violate the
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applicable provisions’’ and inserting ‘‘oper-
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ation of such facility or activity will not di-
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rectly result in a discharge that violates
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any applicable provision’’; and
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(E) in paragraph (5), by striking ‘‘the ap-
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plicable provisions’’ and inserting ‘‘any applica-
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ble provision’’;
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(2) in subsection (d), by striking ‘‘any applica-
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ble effluent limitations and other limitations, under
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section 301 or 302 of this Act, standard of perform-
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ance under section 306 of this Act, or prohibition,
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•HR 1152 RH
effluent standard, or pretreatment standard under
1
section 307 of this Act, and with any other appro-
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priate requirement of State law set forth in such
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certification, and’’ and inserting ‘‘the applicable pro-
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visions of sections 301, 302, 303, 306, and 307, and
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any such limitations or requirements’’; and
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(3) by adding at the end the following:
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‘‘(e) For purposes of this section, the applicable pro-
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visions of sections 301, 302, 303, 306, and 307 are any
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applicable effluent limitations and other limitations, under
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section 301 or 302, standard of performance under section
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306, prohibition, effluent standard, or pretreatment stand-
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ard under section 307, and requirement of State law im-
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plementing water quality criteria under section 303 nec-
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essary to support the designated use or uses of the receiv-
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ing navigable waters.’’.
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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
VerDate Sep 11 2014
22:35 Mar 17, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6651
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E:\BILLS\H1152.RH
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