Water Quality Certification Reform: Limiting State Authority in Federal Permitting
This bill changes how states issue water quality certifications for federally permitted projects, such as pipelines or dams. It restricts the ability of states to block or condition projects by limiting their review scope strictly to the direct impact of pollutant discharge into navigable waters. The goal is to speed up the permitting process for infrastructure, potentially accelerating construction, but it reduces the scope of local environmental oversight.
Key points
States and agencies can only review projects based on the direct discharge of pollutants into navigable waters, not the overall activity or facility.
A 90-day time limit is imposed for states to request all necessary additional information from applicants seeking water quality certification.
Decisions to grant or deny certification must be based strictly on specific federal water quality standards (Sections 301, 302, 303, 306, and 307).
The certifying authority must publish the requirements for certification and provide written grounds for any decision to the applicant.
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