Senators introduce bill to amend section 401 of Clean Water Act
A group of U.S. senators recently introduced a bill to amend section 401 of the Clean Water Act to make several clarifications about the appropriate scope of review for a water quality certification and place requirements on states for processing certification requests.
U.S. Sens. John Barrasso (R-WY), Shelley Moore Capito (R-WV), Jim Inhofe (R-OK) and Steve Daines (R-MT) introduced the legislation, titled the Water Quality Certification Improvement Act of 2018.
“It’s important that our regulatory and permitting processes are clear and avoid creating costly and unnecessary burdens that can disrupt development and the completion of critical infrastructure projects,” Capito said. “This commonsense legislation would clarify current law to ensure a more responsible and predictable permitting process and help prevent unnecessary costs and delays. Through these reforms, we can help encourage and support both infrastructure development and economic growth.”
The legislation clarifies that the scope of section 401 is limited to water quality impacts and that states can only consider discharges from federally permitted or licensed activity itself. It also requires states to publish clear requirements for water quality certification requests, make final certifications decisions in writing based only on water quality considerations and inform applicants within 90 days of whether the state has all the materials necessary to process a request.
The American Petroleum Institute (API) welcomed the legislation.
“The legislation will strengthen the Clean Water Act by protecting it from these types of abuses and will help better protect the environment and communities surrounding energy infrastructure projects around the country,” API Midstream Group Director Robin Rorick said. “We hope that this legislation will advance quickly through the legislative process so that American consumers, workers, and the environment can continue to benefit from America’s energy resources.”
