Water Quality Criteria Development and Transparency Act
H.R. 3888, the Water Quality Criteria Development and Transparency Act, would modify the Federal Water Pollution Control Act (the Clean Water Act) to change how water quality criteria are developed and made public. The bill requires that new or revised water quality criteria created under certain sections (specifically 304(a)(1) or 304(a)(9)) be issued through formal rulemaking (i.e., by a rule with notice and opportunity for public comment). It also strengthens judicial review by adding a new ground for challenge related to criteria issued under the new rulemaking provision and by adjusting cross-references in the statute to reflect this change. In short, the bill aims to make the process for developing water quality criteria more transparent and accountable through formal rulemaking and greater accessibility to courts for challenges. Potential impacts include slower or more consultative criteria development due to rulemaking requirements, increased public participation, and expanded avenues for judicial review of EPA actions related to water quality criteria.
Key Points
- 1Adds an administrative rulemaking requirement: After enactment, new or revised water quality criteria under 304(a)(1) or 304(a)(9) must be issued by rule (formal rulemaking) rather than through non-rule guidance or informal processes.
- 2Expands judicial review to include rule-issued criteria: The Act amends the judicial review provision (section 509(b)(1)) to include criteria issued under the new 304(a)(10) rulemaking process as reviewable actions, alongside other actions under the Act.
- 3Clarifies cross-references in the statute: The amendment adjusts references related to section 402 (NPDES program) and adds the new (H) ground for review after the strategy language under section 304(l), ensuring that criteria developed under the rulemaking process can be challenged in court.
- 4Focus on transparency: By requiring rulemaking for criteria development, the bill increases public notice, comment opportunities, and procedural transparency around how water quality criteria are established.
- 5Scope of criteria affected: The changes apply specifically to criteria developed under 304(a)(1) and 304(a)(9), and to criteria issued pursuant to the new rulemaking process (304(a)(10)).