H.R. 3928

[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.''.
<all>