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Section 401 Certification Act: Codification of EPA Rule

The Act enacts the 2020 EPA rule regarding water quality certification (Clean Water Act Section 401 Certification Rule) into law. The goal is to provide regulatory certainty for infrastructure projects such as gas pipelines, power lines, and roads. Congress indicates that blocking these investments for reasons unrelated to water quality contributes to rising energy prices.
Key points
Enactment of the 2020 EPA Clean Water Act Section 401 Certification Rule into statute.
Provision of regulatory certainty for key infrastructure and energy projects.
Counteracting certification denials issued by States for reasons other than water quality protection (e.g., greenhouse gas emissions).
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Additional Information
Print number: 117_S_3277
Sponsor: Sen. Capito, Shelley Moore [R-WV]
Process start date: 2021-11-30