119-hr3928

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3928 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3928

 To amend the Federal Water Pollution Control Act to make changes with 
 respect to water quality certification, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 11, 2025

 Mr. Rouzer introduced the following bill; which was referred to the 
 Committee on Transportation and Infrastructure

_______________________________________________________________________

 A BILL

 To amend the Federal Water Pollution Control Act to make changes with 
 respect to water quality certification, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Improving Water Quality 
Certifications and American Energy Infrastructure Act''.

SEC. 2. CERTIFICATION.

 

Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 
1341) is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (1) --
            (i) in the first sentence, by striking 
 ``may result'' and inserting ``may directly 
 result'';
            (ii) in the second sentence, by striking 
 ``activity'' and inserting ``discharge'';
            (iii) in the third sentence, by striking 
 ``applications'' each place it appears and 
 inserting ``requests'';
            (iv) in the fifth sentence, by striking 
 ``act on'' and inserting ``grant or deny''; and
            (v) by inserting after the fourth sentence 
 the following: ``Not later than 30 days after 
 the date of enactment of the Improving Water 
 Quality Certifications and American Energy 
 Infrastructure Act, each State and interstate 
 agency that has authority to give such a 
 certification, and the Administrator, shall 
 publish requirements for certification to 
 demonstrate to such State, such interstate 
 agency, or the Administrator, as the case may 
 be, compliance with the applicable provisions 
 of sections 301, 302, 303, 306, and 307. A 
 decision to grant or deny a request for 
 certification shall be based only on the 
 applicable provisions of sections 301, 302, 
 303, 306, and 307, and the grounds for the 
 decision shall be set forth in writing and 
 provided to the applicant. Not later than 90 
 days after receipt of a request for 
 certification, the State, interstate agency, or 
 Administrator, as the case may be, shall 
 identify in writing all specific additional 
 materials or information that are necessary to 
 grant or deny the request.'';
        (B) in paragraph

    (2) --
            (i) in the second sentence, by striking 
 ``notice of application for such Federal 
 license or permit'' and inserting ``receipt of 
 a notice under the preceding sentence'';
            (ii) in the third sentence, by striking 
 ``any water quality requirement'' and inserting 
 ``any applicable provision of 

section 301, 302, 
 303, 306, or 307'';
            (iii) in the fifth sentence, by striking 
 ``insure compliance with applicable water 
 quality requirements.'' and inserting ``ensure 
 compliance with the applicable provisions of 
 sections 301, 302, 303, 306, and 307.'';
            (iv) in the final sentence, by striking 
 ``insure'' and inserting ``ensure''; and
            (v) by striking the first sentence and 
 inserting ``On receipt of a request for 
 certification, the certifying State or 
 interstate agency, as applicable, shall 
 immediately notify the Administrator of the 
 request.'';
            (C) in paragraph

    (3) , in the second sentence, by 
 striking ``section'' and inserting ``any applicable 
 provision of section'';
            (D) in paragraph

    (4) --
            (i) in the first sentence, 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 301, 302, 303, 306, or 307 will be violated'';
            (ii) in the second sentence, 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 301, 302, 303, 
 306, or 307,''; and
            (iii) in the third sentence, 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 provision''; and
        (E) in paragraph

    (5) , by striking ``the applicable 
 provisions'' and inserting ``any applicable 
 provision'';

    (2) in subsection
            (d) , by striking ``any applicable 
 effluent limitations and other limitations, under 

section 301 
 or 302 of this Act, standard of performance under 

section 306 
 of this Act, or prohibition, effluent standard, or pretreatment 
 standard under 

section 307 of this Act, and with any other 
 appropriate requirement of State law set forth in such 
 certification, and'' and inserting ``the applicable provisions 
 of sections 301, 302, 303, 306, and 307, and any such 
 limitations or requirements''; and

    (3) by adding at the end the following:
 ``

    (e) For purposes of this section, the applicable provisions of 
sections 301, 302, 303, 306, and 307 are any applicable effluent 
limitations and other limitations, under 

section 301 or 302, standard 
of performance under 

section 306, prohibition, effluent standard, or 
pretreatment standard under 

section 307, and requirement of State law 
implementing water quality criteria under 

section 303 necessary to 
support the designated use or uses of the receiving navigable 
waters.''.
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