H.R. 3928: Improving Water Quality Certifications and American Energy Infrastructure Act

This bill, known as the Improving Water Quality Certifications and American Energy Infrastructure Act, proposes amendments to the Federal Water Pollution Control Act. The main focus is on the process of water quality certifications that are required for certain actions that may affect water quality. Here are the key changes outlined in the bill:

Changes to Certification Process

• The amendments clarify and specify the language regarding water quality certification. For example, terms like "may result" are changed to "may directly result," emphasizing a direct connection to potential outcomes.
• States and interstate agencies responsible for issuing water quality certifications must publish their certification requirements within 30 days of the bill's enactment. This is intended to provide clarity for those seeking certification.
• Certification decisions must be based solely on specified provisions of the Act (sections 301, 302, 303, 306, and 307) and must be documented in writing provided to the applicant.

Timeline for Certification Requests

• Once a certification request is made, the certifying agency must inform the applicant within 90 days of any additional information needed to either grant or deny the request.
• The bill emphasizes the immediacy of notifying relevant authorities (the Administrator) upon receipt of a certification request.

Standardization of Terms

• Various references within the existing law are standardized, ensuring consistency in how terms related to water quality requirements are used.
• For instance, phrases regarding compliance and limitations are refined to ensure clarity regarding obligations under the law.

Impact on Water Quality Standards

• The amendments stipulate that compliance assessments must refer specifically to the applicable provisions of sections related to effluent limitations and water quality requirements, rather than general terms.
• The goal is to ensure that operations of facilities do not result in discharges that violate these provisions, enhancing the protection of water quality.

Regulatory Implications

• The bill aims to streamline the water quality certification process and impose stricter guidelines for compliance, which could potentially affect a range of infrastructure projects, especially those involving energy.

Potential Concerns

• Increased specificity in the regulations might introduce more rigorous review processes for companies that require water quality certifications for their projects.
• The need for detailed documentation and quicker feedback on certification requests may place added pressure on state and federal agencies.

Relevant Companies

• XOM (Exxon Mobil Corporation) - This company may be impacted as it engages in oil and gas exploration and production activities that often require water quality certifications.
• CVX (Chevron Corporation) - Similar to Exxon, Chevron's operations might need to comply with the new certification requirements related to water discharges from their facilities.
• DVN (Devon Energy Corporation) - This energy company is involved in natural gas and oil extraction, which typically necessitates strict water quality control measures.