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Water Quality Certification and Energy Project Improvement Act of 2023

USA118th CongressHR-1152| House 
| Updated: 3/17/2023
David Rouzer

David Rouzer

Republican Representative

North Carolina

Cosponsors (2)
Scott Perry (Republican)Garret Graves (Republican)

Transportation and Infrastructure Committee, Water Resources and Environment Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Water Quality Certification and Energy Project Improvement Act of 2023 This bill revises the water quality certification process under Section 401 of the Clean Water Act (CWA) for any activity that requires a federal license or permit and may result in a discharge of pollutants into waters of the United States. Activities that require such federal licenses or permits include hydropower, natural gas pipeline, or mining projects. Under the existing Section 401, an applicant for a federal license or permit to conduct such activities must provide the federal licensing or permitting agency with a certification. The certification must attest that the discharge will comply with enumerated sections of the CWA (i.e., Sections 301, 302, 303, 306, and 307) and with any other appropriate requirement of state law set forth in the certification. The certifying authority—usually the state in which the discharge originates, but sometimes an Indian tribe or the Environmental Protection Agency (EPA)—may grant, grant with conditions, deny, or waive certification of a proposed federal license or permit. This bill limits the scope of the certification process by eliminating the requirement that the discharge comply with appropriate state law set forth in the certification. It also requires decisions to grant or deny a request for certification to be based only on the enumerated sections of the CWA and provisions of state law that implement water quality criteria under Section 303. In addition, it also limits the certification process to activities that may directly result in a discharge into waters of the United States. In addition, the bill requires certifying authorities to identify all materials or information that are necessary to grant or deny the request within 90 days of receiving a request for certification. They must also publish requirements for their water quality certifications.

Bill Text Versions

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Timeline
Feb 24, 2023
Introduced in House
Feb 24, 2023
Referred to the House Committee on Transportation and Infrastructure.
Feb 27, 2023
Referred to the Subcommittee on Water Resources and Environment.
Feb 28, 2023
Ordered to be Reported by Voice Vote.
Feb 28, 2023
Committee Consideration and Mark-up Session Held.
Feb 28, 2023
Subcommittee on Water Resources and Environment Discharged.
Mar 17, 2023
Placed on the Union Calendar, Calendar No. 5.
Mar 17, 2023
Reported by the Committee on Transportation and Infrastructure. H. Rept. 118-10.
  • February 24, 2023
    Introduced in House


  • February 24, 2023
    Referred to the House Committee on Transportation and Infrastructure.


  • February 27, 2023
    Referred to the Subcommittee on Water Resources and Environment.


  • February 28, 2023
    Ordered to be Reported by Voice Vote.


  • February 28, 2023
    Committee Consideration and Mark-up Session Held.


  • February 28, 2023
    Subcommittee on Water Resources and Environment Discharged.


  • March 17, 2023
    Placed on the Union Calendar, Calendar No. 5.


  • March 17, 2023
    Reported by the Committee on Transportation and Infrastructure. H. Rept. 118-10.

Environmental Protection

Related Bills

  • S 118-947: Lower Energy Costs Act
  • HR 118-2811: Limit, Save, Grow Act of 2023
  • HR 118-1: Lower Energy Costs Act
Administrative law and regulatory proceduresEnvironmental Protection Agency (EPA)Environmental regulatory proceduresLicensing and registrationsState and local government operationsWater quality

Water Quality Certification and Energy Project Improvement Act of 2023

USA118th CongressHR-1152| House 
| Updated: 3/17/2023
Water Quality Certification and Energy Project Improvement Act of 2023 This bill revises the water quality certification process under Section 401 of the Clean Water Act (CWA) for any activity that requires a federal license or permit and may result in a discharge of pollutants into waters of the United States. Activities that require such federal licenses or permits include hydropower, natural gas pipeline, or mining projects. Under the existing Section 401, an applicant for a federal license or permit to conduct such activities must provide the federal licensing or permitting agency with a certification. The certification must attest that the discharge will comply with enumerated sections of the CWA (i.e., Sections 301, 302, 303, 306, and 307) and with any other appropriate requirement of state law set forth in the certification. The certifying authority—usually the state in which the discharge originates, but sometimes an Indian tribe or the Environmental Protection Agency (EPA)—may grant, grant with conditions, deny, or waive certification of a proposed federal license or permit. This bill limits the scope of the certification process by eliminating the requirement that the discharge comply with appropriate state law set forth in the certification. It also requires decisions to grant or deny a request for certification to be based only on the enumerated sections of the CWA and provisions of state law that implement water quality criteria under Section 303. In addition, it also limits the certification process to activities that may directly result in a discharge into waters of the United States. In addition, the bill requires certifying authorities to identify all materials or information that are necessary to grant or deny the request within 90 days of receiving a request for certification. They must also publish requirements for their water quality certifications.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Feb 24, 2023
Introduced in House
Feb 24, 2023
Referred to the House Committee on Transportation and Infrastructure.
Feb 27, 2023
Referred to the Subcommittee on Water Resources and Environment.
Feb 28, 2023
Ordered to be Reported by Voice Vote.
Feb 28, 2023
Committee Consideration and Mark-up Session Held.
Feb 28, 2023
Subcommittee on Water Resources and Environment Discharged.
Mar 17, 2023
Placed on the Union Calendar, Calendar No. 5.
Mar 17, 2023
Reported by the Committee on Transportation and Infrastructure. H. Rept. 118-10.
  • February 24, 2023
    Introduced in House


  • February 24, 2023
    Referred to the House Committee on Transportation and Infrastructure.


  • February 27, 2023
    Referred to the Subcommittee on Water Resources and Environment.


  • February 28, 2023
    Ordered to be Reported by Voice Vote.


  • February 28, 2023
    Committee Consideration and Mark-up Session Held.


  • February 28, 2023
    Subcommittee on Water Resources and Environment Discharged.


  • March 17, 2023
    Placed on the Union Calendar, Calendar No. 5.


  • March 17, 2023
    Reported by the Committee on Transportation and Infrastructure. H. Rept. 118-10.
David Rouzer

David Rouzer

Republican Representative

North Carolina

Cosponsors (2)
Scott Perry (Republican)Garret Graves (Republican)

Transportation and Infrastructure Committee, Water Resources and Environment Subcommittee

Environmental Protection

Related Bills

  • S 118-947: Lower Energy Costs Act
  • HR 118-2811: Limit, Save, Grow Act of 2023
  • HR 118-1: Lower Energy Costs Act
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresEnvironmental Protection Agency (EPA)Environmental regulatory proceduresLicensing and registrationsState and local government operationsWater quality