,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ihee ,,in ,,the ,,house ,,of ,,representatives ,july #bb1 #bjbf,mr4 ,gray 7for himself and ,mr4 ,rouzer7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to amend the ,federal ,water ,pollution ,control ,act to make certain reforms with respect to permits and licenses under such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,certainty and ,uniform ,reviews for ,reliable ,energy and ,transmission ,act or the ,,current ,act4 #b4 ,amendments to section #dja of the ,federal ,water ,pollution ,control ,act ,section #dja of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acda7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the first sentence1 by striking may result and inserting may directly result2 7ii7 in the second sentence1 by striking activity and inserting discharge2 7iii7 in the third sentence1 by striking applications each place it appears and inserting requests2 7iv7 by inserting after the fourth sentence the following3 ,not later than #cj days after the date of enactment of this ,act1 each ,state and interstate agency that has authority to give such a certification1 and the ,administrator1 shall publish requirements for certification to demonstrate to such ,state1 such interstate agency1 or the ,administrator1 as the case may be1 compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg4 ,a decision to grant or deny a request for certification shall be based only on compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and the grounds for the decision shall be set forth in writing and provided to the applicant4 ,not later than #ij days after receipt of a request for certification1 the ,state1 interstate agency1 or ,administrator1 as the case may be1 shall identify in writing all specific additional materials or information necessary for the request for certification to be complete1 as described in subsection 7f74 ,the ,state1 interstate agency1 or the ,administrator1 as the case may be1 may grant a request for certification with or without conditions1 deny a request for certification1 or waive the requirement for certification under this subsection with respect to such ,federal application42 7v7 in the fifth sentence1 by striking act on a request for certification1 within a reasonable period of time 7which shall not exceed one year7 after receipt of such request1 the certification requirements of this subsection and inserting grant the request for certification with or without conditions1 deny the request for certification1 or waive the requirement for certification under this subsection with respect to such ,federal application1 within a reasonable period of time to be determined by the licensing or permitting agency 7which shall not exceed one year after receipt of such request71 the requirement for certification under this subsection2 7vi7 by inserting after the fifth sentence the following3 ,for purposes of this paragraph1 receipt of a request for certification shall be determined by the date on which the ,state1 interstate agency1 or ,administrator1 as the case may be1 receives the request1 regardless of whether the ,state1 interstate agency1 or ,administrator deems the request complete4 ,the requirement that the period determined by the licensing or permitting agency may not exceed one year shall be absolute and may not be tolled1 paused1 or extended for any reason1 including through requests for additional information1 solicitation of public comment1 or environmental reviews1 except that the agency may extend the period at the request of the applicant42 and 7vii7 in the sixth sentence1 by striking waived as provided in the preceding sentence and inserting waived under this paragraph2 7,b7 in paragraph 7#b7-- 7i7 in the second sentence1 by striking notice of application for such ,federal license or permit and inserting receipt of a notice under the preceding sentence2 7ii7 in the third sentence-- 7,i7 by striking any water quality requirement in such ,state and inserting any water quality standard in effect for the ,state under section #cjc2 and 7,,ii7 by inserting before the period at a time that is agreed to by such ,state and the applicant2 7iii7 in the fifth sentence1 by striking insure compliance with applicable water quality requirements4 and inserting ensure compliance with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg42 7iv7 in the final sentence1 by striking insure and inserting ensure2 7v7 by striking the first sentence and inserting ,on receipt of a request for certification1 the certifying ,state or interstate agency1 as applicable1 shall immediately notify the ,administrator of the request42 and 7vi7 by inserting after the second sentence the following3 ,if the ,administrator determines under the preceding sentence that such a discharge will not affect the waters of any other ,state1 no such notification is required42 7,c7 in paragraph 7#c7-- 7i7 in the first sentence1 by striking there will be compliance and inserting any such discharge will comply2 and 7ii7 in the second sentence1 by striking section and inserting any applicable provision of section2 7,d7 in paragraph 7#d7-- 7i7 in the first sentence-- 7,i7 by inserting directly before result in any discharge2 and 7,,ii7 by striking applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated and inserting no applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg will be violated2 7ii7 in the second sentence1 by striking will violate applicable effluent limitations or other limitations or other water quality requirements and inserting will directly result in a discharge that violates an applicable provision of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg12 and 7iii7 in the third sentence1 by striking such facility or activity will not violate the applicable provisions and inserting operation of such facility or activity will not directly result in a discharge that violates any applicable provision2 and 7,e7 in paragraph 7#e7-- 7i7 by striking the applicable provisions and inserting any applicable provision2 and 7ii7 by adding at the end the following3 ,a certification obtained under this section may not be reopened1 modified1 supplemented1 withdrawn1 or otherwise revised except in response to a request by the applicant or an order by a court of jurisdiction that is specific to the certification42 7#b7 in subsection 7b71 by striking ,nothing in this section and inserting ,except as provided in subsection 7e71 nothing in this section2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,conditions 7#a7 ,in general ,any certification provided under this section shall set forth any effluent limitations and other limitations1 and monitoring requirements necessary to assure that any discharge subject to this section will comply with the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg1 and any such limitations or requirements shall be imposed by the licensing or permitting agency as a condition on any ,federal license or permit subject to the provisions of this section4 7#b7 ,requirements for denials and conditioned certifications ,the ,state1 interstate agency1 or the ,administrator1 as the case may be1 may not deny a request for certification with respect to an application for a ,federal license or permit under subsection 7a71 or impose a condition on such license or permit1 unless the ,state1 interstate agency1 or the ,administrator1 as applicable1 demonstrates1 by clear and convincing evidence1 that-- 7,a7 there is no reasonable condition upon the activity proposed to be carried out under such license or permit that meets the requirements of this paragraph that could make it possible for the discharge subject to this section to comply with the applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg of this ,act2 or 7,b7 such a condition-- 7i7 is the least burdensome of possible conditions1 taking into account-- 7,i7 technical feasibility2 7,,ii7 cost2 7,,iii7 the purposes of the proposed activity2 7,,iv7 impacts of the condition on the schedule for such proposed activity2 and 7,v7 the commercial viability of such proposed activity2 and 7ii7 is consistent with the requirements of the ,federal license or permit that is the subject of the certification4 7#c7 ,enforcement ,notwithstanding section #eje1 any condition imposed on a ,federal license or permit by a licensing or permitting agency under this section may be enforced only by such licensing or permitting agency4 7#d7 ,exception for hydroelectric projects ,notwithstanding paragraph 7#a71 a certification provided under this section may not include conditions relating to the quantity1 timing1 or rate of water flow over1 through1 or around a hydroelectric project4 2 and 7#d7 by adding at the end the following3 7e7 ,applicable provisions ,for purposes of this section1 the applicable provisions of sections #cja1 #cjb1 #cjc1 #cjf1 and #cjg are any applicable effluent limitations and other limitations under section #cja or #cjb1 any water quality standard in effect for a ,state under section #cjc1 any standard of performance under section #cjf1 and any prohibition1 effluent standard1 or pretreatment standard under section #cjg4 7f7 ,requirements for requests for certification ,a request for certification under this section shall be made in writing to the ,state1 interstate agency1 or ,administrator1 as the case may be4 ,a complete request for certification shall consist of the following3 7#a7 ,identification of each applicant for the ,federal license or permit with respect to which the certification is requested4 7#b7 ,a statement that information included in the request for certification is truthful1 accurate1 and complete1 to the best knowledge of each such applicant4 7#c7 ,in the case of a request for certification with respect to an individual permit or license-- 7,a7 identification of the ,federal license or permit that is the subject of the application with respect to which the certification is requested2 7,b7 identification of any activity the conduct of which is subject to such ,federal license or permit2 7,c7 identification of the location and nature of any discharge that may directly result from such activity1 and the location of the receiving waters2 7,d7 a description of means that may be used to monitor1 control1 or manage any such discharge2 and 7,e7 a list of all other ,federal1 interstate1 ,tribal1 ,state1 or local agency authorizations required for the conduct of such activity1 and any approval or denial of such an authorization already received4 7#d7 ,in the case of a request for certification with respect to the issuance of a general license or general permit-- 7,a7 identification of the proposed categories of activities to be covered by the general license or general permit for which certification is requested2 7,b7 a description of the proposed general license or general permit1 which may include a draft of the proposed general license or permit2 and 7,c7 an estimate of the number of discharges expected to result from the proposed general license or general permit annually4 7g7 ,judicial review 7#a7 ,affected certification actions ,this subsection shall apply to any civil action for the review of a certification action with respect to an applicant for a license or permit-- 7,a7 for the construction or operation of facilities for the transmission of electric energy or energy fuels or the transportation of carbon dioxide 7including pipelines or associated infrastructure7 in interstate or foreign commerce2 or 7,b7 from the ,federal ,energy ,regulatory ,commission4 7#b7 ,jurisdiction 7,a7 ,in general ,notwithstanding section #ai7;d77#a7 of the ,natural ,gas ,act 7#ae ,u4,s4,c4 #gagr7d77#a771 a civil action subject to this subsection shall be filed in a court of appeals of the ,united ,states-- 7i7 for the circuit in which the applicant is located or has its place of business2 7ii7 for the circuit for the ,state for which the certification action applies2 or 7iii7 for the ,district of ,columbia ,circuit4 7,b7 ,original and exclusive jurisdiction ,a court of appeals described in subparagraph 7,a7 shall have original and exclusive jurisdiction over the civil action4 7#c7 ,expedited consideration ,a court described in paragraph 7#b7 shall-- 7,a7 set any civil action subject to this subsection for expedited consideration2 and 7,b7 issue a final decision not later than #abj days after the filing of the civil action1 unless the court finds extraordinary circumstances1 in which case the court may take up to #fj additional days to issue a final decision4 7#d7 ,standard of review ,a court shall hold unlawful a denial of certification under this section if the ,state1 interstate agency1 or ,administrator1 as the case may be1 fails to demonstrate by clear and convincing evidence that no reasonable condition upon the applicant's activity that meets the requirements of subsection 7d77#b7 exists that could make it possible for the activity to avoid violating the applicable provisions of section #cja1 #cjb1 #cjc1 #cjf1 or #cjg of this ,act4 4