I 
117TH CONGRESS 
1ST SESSION H. R. 3422 
To amend the Federal Water Pollution Control Act to make changes with 
respect to water quality certification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
Mr. MCKINLEY (for himself, Mr. GIBBS, and Mr. STAUBER) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to make 
changes with respect to water quality certification, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Quality Certifi-
cation Improvement Act of 2021’’. 
SEC. 2. CERTIFICATION. 
Section 401 of the Federal Water Pollution Control 
Act (33 U.S.C. 1341) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1)— 
(i) in the first sentence— 
(I) by inserting ‘‘by the appli-
cant’’ after ‘‘any discharge’’; and 
(II) by inserting ‘‘as a result of 
the federally licensed or permitted ac-
tivity’’ after ‘‘into the navigable 
waters’’; 
(ii) in the second sentence, by striking 
‘‘activity’’ and inserting ‘‘discharge’’; 
(iii) in the third sentence, by striking 
‘‘applications’’ each place it appears and 
inserting ‘‘requests’’; 
(iv) in the fifth sentence, by striking 
‘‘act on’’ and inserting ‘‘grant or deny’’; 
and 
(v) by inserting after the fourth sen-
tence the following: ‘‘The certifying State, 
interstate agency, or Administrator shall 
publish the requirements for certification 
that meet the applicable provisions of sec-
tions 301, 302, 303, 306, and 307. The 
decision to grant or deny a request shall be 
based only on the applicable provisions of 
sections 301, 302, 303, 306, and 307 and 
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the grounds for a decision shall be set 
forth in writing to the applicant.’’; 
(B) in paragraph (2)— 
(i) in the second sentence— 
(I) by striking ‘‘such a dis-
charge’’ and inserting ‘‘a discharge 
made into the navigable waters by the 
applicant as described in paragraph 
(1)’’; 
(II) by inserting ‘‘receipt of the’’ 
before ‘‘notice’’; and 
(III) by striking ‘‘of application 
for such Federal license or permit’’ 
and inserting ‘‘under the preceding 
sentence’’; 
(ii) in the third sentence— 
(I) by striking ‘‘such discharge’’ 
and inserting ‘‘any discharge made 
into the navigable waters by the appli-
cant as described in paragraph (1)’’; 
and 
(II) by striking ‘‘any water qual-
ity requirement’’ and inserting ‘‘the 
applicable provisions of sections 301, 
302, 303, 306, and 307’’; 
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(iii) in the fifth sentence, by striking 
‘‘insure compliance with applicable water 
quality requirements.’’ and inserting ‘‘en-
sure any discharge into the navigable 
waters by the applicant as described in 
paragraph (1) will comply with the applica-
ble provisions of sections 301, 302, 303, 
306, and 307.’’; and 
(iv) by striking the first sentence and 
inserting ‘‘Not later than 90 days after re-
ceipt of a request for certification, the cer-
tifying State, interstate agency, or Admin-
istrator shall identify in writing all specific 
additional materials or information that 
are necessary to make a final decision on 
a request for certification. On receipt of a 
request for certification, the certifying 
State or interstate agency, as applicable, 
shall immediately notify the Administrator 
of the request.’’; 
(C) in paragraph (3)— 
(i) in the first sentence, by striking 
‘‘there will be compliance’’ and inserting 
‘‘a discharge made into the navigable 
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waters by the applicant as described in 
paragraph (1) will comply’’; and 
(ii) in the second sentence— 
(I) by striking ‘‘section’’ and in-
serting ‘‘the applicable provisions of 
sections’’; and 
(II) by striking ‘‘or 307 of this 
Act’’ and inserting ‘‘and 307’’; 
(D) in paragraph (4)— 
(i) in the first sentence, by striking 
‘‘applicable effluent limitations’’ and all 
that follows through the period at the end 
and inserting ‘‘any discharge made by the 
applicant into the navigable waters as de-
scribed in paragraph (1) will not violate 
the applicable provisions of sections 301, 
302, 303, 306, and 307.’’; 
(ii) in the second sentence, by striking 
‘‘will violate applicable effluent limitations 
or other limitations or other water quality 
requirements such Federal’’ and inserting 
‘‘will result in a discharge made into the 
navigable waters by the applicant as de-
scribed in paragraph (1) that violates the 
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applicable provisions of sections 301, 302, 
303, 306, and 307, the Federal’’; and 
(iii) in the third sentence— 
(I) by striking ‘‘such facility or 
activity’’ and inserting ‘‘a discharge 
made by the applicant into the navi-
gable waters as described in para-
graph (1)’’; and 
(II) by striking ‘‘section 301, 
302, 303, 306, or 307 of this Act’’ 
and inserting ‘‘sections 301, 302, 303, 
306, and 307’’; and 
(E) in paragraph (5)— 
(i) by striking ‘‘such facility or activ-
ity has been operated in’’ and inserting 
‘‘any discharge made by the applicant into 
the navigable waters as described in para-
graph (1) is in’’; and 
(ii) by striking ‘‘section 301, 302, 
303, 306, or 307 of this Act’’ and insert-
ing ‘‘sections 301, 302, 303, 306, and 
307’’; and 
(2) in subsection (d), by striking ‘‘assure that 
any applicant for a Federal license or permit will 
comply with any applicable’’ and inserting the fol-
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lowing: ‘‘ensure that any discharge made by the ap-
plicant into the navigable waters as described in sub-
section (a)(1) shall comply with the applicable provi-
sions of sections 301, 302, 303, 306, and 307. Any 
limitations or requirements in the preceding sen-
tence shall become a condition on any Federal li-
cense or permit subject to the provisions of this sec-
tion. 
‘‘(e) DEFINITION OF APPLICABLE PROVISIONS OF 
SECTIONS 301, 302, 303, 306, AND 307.—In this section, 
the term ‘applicable provisions of sections 301, 302, 303, 
306, and 307’ means, as applicable,’’; and 
(3) in subsection (e) (as so redesignated)— 
(A) by striking ‘‘with’’; 
(B) by striking ‘‘other appropriate’’; and 
(C) by striking ‘‘set forth’’ and all that fol-
lows through the period at the end and insert-
ing ‘‘implementing water quality criteria under 
section 303 necessary to support the specified 
designated use or uses of the receiving navi-
gable water.’’. 
Æ 
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