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Water-Related News

EPA limits states’ power to review projects that affect water quality

SAN FRANCISCO — For almost 50 years, states and tribal governments have played an outsized role in deciding whether projects that can harm water quality should receive federal permits — a role that is about to change under a new rule finalized by the Trump administration Monday.

The “Clean Water Act 401 Certification Rule” narrows what issues state and tribal governments may consider when determining if a project, such as one that involves discharging pollution into a river or stream, will comply with state water quality standards. State or tribal approval is a prerequisite for obtaining a federal permit under the Clean Water Act.

The new rule curtailing states’ review power is intended to advance President Donald Trump’s goal of promoting “efficient permitting” and reducing “regulatory uncertainties” as outlined in his April 2019 executive order on “Promoting Energy Infrastructure and Economic Growth.” This rule is one of the first major overhauls of the water quality certification process established by the Clean Water Act of 1972.