Sec. 3. Clean Water Act Permitting and State certification
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/bill/118/s/1449/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) is amended— in subsection (d), by striking
(d)Any certification and inserting the following: Any certification ; in subsection (c), by striking
(c)In order and inserting the following: In order ; in subsection (b), by striking
(b)Nothing and inserting the following: Nothing ; by striking the heading and section designation and all that follows through may be. at the end of subsection (a)(1) and inserting the following: In this section, the term water quality requirements means— the applicable provisions of sections 301, 302, 303, 306, and 307; and any applicable State or Tribal regulatory requirements for point source discharges into waters of the United States. In this paragraph: The term certification application means a request from an applicant for a certification described in subparagraph (B). The term certifying authority , with respect to a certification application, means, as applicable— the State or interstate agency to which the certification application was submitted; or if no State or interstate agency has the authority to provide the certification described in subparagraph (B), the Administrator. Any applicant for a Federal license or permit to conduct an activity, including the construction or operation of facilities, that may result in a discharge from a point source into the waters of the United States shall provide to the Federal licensing or permitting agency a certification from the State in which the discharge originates or will originate or, if appropriate, the interstate water pollution control agency with jurisdiction over the waters of the United States at the point where the discharge originates or will originate that the discharge will comply with water quality requirements. If no State or interstate water pollution control agency has the authority to give a certification described in subclause (I), the Administrator is authorized to provide the certification to the Federal licensing or permitting agency. In the case of any discharge described in clause
(i)for which there is not an applicable effluent limitation or other limitation under sections 301(b) and 302 and for which there is not an applicable standard under sections 306 and 307, the certifying authority shall so certify. A certification under subclause
(I)does not satisfy section 511(c). Activity for which a certification is required under this subparagraph may not begin until the certification has been obtained, unless the requirement for the certification has been waived in accordance with this paragraph. If a certifying authority denies a certification application, the Federal license or permit for which the certification application was made may not be granted. The scope of a certification provided under this section shall be limited to ensuring that a discharge from a federally licensed or permitted activity complies with water quality requirements. Each certifying authority shall establish procedures for— public notice in the case of all certification applications; to the extent the certifying authority determines to be appropriate, public hearings in connection with specific certification applications; and a prefiling meeting as described in clause (ii). Before submitting a certification application, the prospective applicant may request a prefiling meeting with the certifying authority— to ensure that the certifying authority receives early notification of projects for which a certification under subparagraph
(B)is necessary; and to discuss informational needs with the certifying authority before submitting the application. If a prospective applicant requests a prefiling meeting with a certifying authority pursuant to subclause (I), the certifying authority shall— respond to the request not later than 30 days after the date on which the request is received; and hold the prefiling meeting with the prospective applicant not later than 60 days after the date on which the request is received. If a certifying authority denies a certification application for an individual license or permit, the certifying authority is authorized to provide to the applicable Federal licensing or permitting agency— the specific water quality requirements with which the discharge will not comply; a statement explaining why the discharge will not comply with the identified water quality requirements; and if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to ensure that the discharge from the proposed project will comply with water quality requirements. If a certifying authority denies a certification application for a general license or permit, the certifying authority shall provide to the applicable Federal licensing or permitting agency— the specific water quality requirements with which discharges that could be authorized by the general license or permit will not comply; a statement explaining why discharges that could be authorized by the general license or permit will not comply with the identified water quality requirements; and if the denial is due to insufficient information, a description of the specific water quality data or information, if any, that would be needed to assure that the range of discharges that could be authorized by the general license or permit from potential projects will comply with water quality requirements. Subject to clause (iii), a licensing or permitting agency shall, categorically or on a case-by-case basis for each certification application, establish a reasonable period of time (not to exceed 1 year from the date of receipt of the certification application) within which a certifying authority shall issue a final action on the certification application. If a certifying authority fails or refuses to issue a final action as described in subparagraph
(F)on a certification application by the end of the reasonable period of time established under clause
(i)and the reasonable period of time has not been extended in accordance with clause (iii), the requirement for a certification under subparagraph
(B)shall be waived. With respect to a certification application, the reasonable period of time established under clause
(i)may only be extended if— the extension is requested, in writing, by the applicant; and the certifying authority concurs, in writing, with the extension. A certifying authority may, at any time during the reasonable period of time described in subparagraph (D), affirmatively waive the requirement for a certification under subparagraph (B). Notwithstanding any other provision of Federal law, including any provision of this section, a waiver pursuant to clause
(i)shall not be subject to judicial review. Not later than the date on which the reasonable period of time established under subparagraph
(D)for a certification application ends or on the date of a waiver pursuant to subparagraph (E)(i), as applicable, the certifying authority or Federal licensing or permitting authority, as applicable, shall apply only 1 of the following final actions to the certification application: The certification application is granted. The certification application is granted with conditions. The certification application is denied. The certification requirements under subparagraph
(B)have been waived in accordance with subparagraph
(D)or
(E)with respect to the activity for which the certification application was submitted. No other final action may apply to a certification application except as described in clause (i). The licensing or permitting authority to which a certification under this subsection was issued may enforce any conditions included with that certification. If a Federal court remands or vacates a certification under this paragraph, the Federal court shall set and enforce a reasonable schedule and deadline, not to exceed 180 days from the date on which the Federal court remands or vacates the certification, for the certifying agency to act on the remand or vacatur. ; and in subsection
(b)(as so redesignated)— in paragraph (2), by striking
(2)Upon receipt and inserting the following: On receipt ; in paragraph (3), by striking
(3)The certification and inserting the following: The certification ; in paragraph (4), by striking
(4)Prior to and inserting the following: Prior to ; in paragraph (5), by striking
(5)Any Federal and inserting the following: Any Federal ; and in paragraph (6), by striking
(6)Except with and inserting the following: Except with . Section 217(b)(2) of the Water Resources Development Act of 1996 ( 33 U.S.C. 2326a(b)(2) ) is amended by striking section 401(c) of the Federal Water Pollution Control Act ( and inserting 33 U.S.C. 1341(c) ) subsection
(d)of section 401 of the Federal Water Pollution Control Act ( . 33 U.S.C. 1341 )
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