“To amend the Federal Water Pollution Control Act to make changes with respect to water quality certification, and for other purposes.”
No CRS summary available for this bill.
This section revises certification requirements under CWA §401 for federal licenses or permits involving discharges into navigable waters, limiting certifications to discharges that "may directly result" (from "may result"); restricting decisions to grant or deny to compliance solely with specified CWA provisions (i.e., §§301, 302, 303, 306, and 307); and adding procedural requirements. Specifically, it (1) directs states, interstate agencies, and EPA to publish certification requirements within 30 days of enactment and, within 90 days of a request, to identify in writing any additional materials needed, with decisions based only on those CWA provisions and provided in writing to applicants; (2) revises federal agency and EPA notification procedures upon receipt of certification requests; (3) limits federal conditions on certifications and state enforcement to those CWA provisions; and (4) defines "applicable provisions" of §§301, 302, 303, 306, and 307 to include effluent limitations, performance standards, pretreatment standards, and state water quality criteria under §303 necessary for designated uses of receiving waters. (As background, CWA §401 certifications ensure proposed activities (e.g., energy infrastructure projects) comply with the Clean Water Act before federal approval; these changes narrow state review scope, impose timelines to expedite processes, and clarify enforceable federal limits.)