Improving Water Quality Certifications and American Energy Infrastructure Act
The Improving Water Quality Certifications and American Energy Infrastructure Act (H.R. 3928) would overhaul the federal framework for water quality certifications under the Clean Water Act. It tightens and standardizes how Section 401 certifications are considered by states, interstate agencies, and the EPA, with a focus on discharges rather than the broader activity. The bill requires states and interstate agencies to publish certification requirements within 30 days of enactment, and it mandates that decisions to grant or deny certifications be based only on the specified water quality provisions (Sections 301, 302, 303, 306, and 307) and the state’s water quality criteria implemented under Section 303. It also creates a clear 90-day timeline for certifying authorities to identify any additional information needed to grant or deny a certification. The effect is intended to increase predictability and speed for energy infrastructure projects while tying decisions to enumerated water quality standards and criteria. In short, the bill aims to make Section 401 water quality certification more uniform, timely, and decision-focused by codifying timelines, narrowing the grounds for decisions, and clarifying the scope of “applicable provisions” that may govern a certification.
Key Points
- 1Tightens and standardizes Section 401 certification decisions by requiring certifying authorities to base decisions only on the specified provisions of Sections 301, 302, 303, 306, and 307 (plus state water quality criteria) and to provide written grounds for any decision.
- 2Establishes a publishing and timeline regime: within 30 days after enactment, states and interstate agencies must publish certification requirements demonstrating compliance with the listed provisions; certifying authorities must, within 90 days of a request, identify any specific materials or information needed to grant or deny the certification.
- 3Reframes and harmonizes language across the certification provisions to refer to “applicable provisions” of Sections 301, 302, 303, 306, and 307, replacing broader or different phrasing.
- 4Expands the definitional scope of “applicable provisions” to include the full suite of water quality standards and criteria necessary to support designated uses of the receiving navigable waters (i.e., the standards and state criteria that must be met).
- 5Aims to improve predictability for energy infrastructure projects by clarifying the basis for decisions and imposing explicit timelines, potentially affecting how quickly projects can advance through the Section 401 process.