Improving Water Quality Certifications and American Energy Infrastructure Act

Summary

Changes how states and interstate agencies handle Clean Water Act Section 401 certifications by narrowing which water quality requirements apply, tightening the link between federal permits and discharges, and changing several procedural words. It also requires certifying authorities to immediately notify the EPA Administrator when they receive a request for certification and adds a defined list of specific Clean Water Act provisions that count as the “applicable” requirements.

• Replaces broad "applicable water quality requirements" language with explicit citation to CWA sections 301, 302, 303, 306, and 307.
• Narrows causation language from "may result" to "may directly result," focusing certification on direct discharges.
• Changes several procedural words (e.g., "activity" to "discharge", "act on" to "grant or deny").
• Requires certifying States/interstate agencies to immediately notify the EPA Administrator upon receipt of a certification request.
• Adds a definition listing what kinds of limits and standards in the specified CWA sections count as "applicable provisions."
• Likely limits the scope of state conditions on federal permits to specific CWA-based requirements.
• May speed or simplify certification reviews for some federal permits by narrowing what states can rely on.
• Creates a new federal notification step but does not provide funding or set an explicit effective date.
• Could prompt legal challenges over the meaning of "directly result" and the narrowed scope of applicable requirements.