By signing up you agree to our Terms of Use and Privacy Policy, Reporter covering domestic policy and national affairs, Reporter focusing on environmental policy and public health issues, EPA limits states and tribes’ ability to protest pipelines and other energy projects. “Our system of republican democracy does not allow for one state to dictate standards or decisions for the entire nation,” Wheeler said. Spells out that no actual pollutants have to be involved in a discharge event in order to trigger Section 401. “EPA is returning the Clean Water Act certification process under Section 401 to its original purpose, which is to review potential impacts that discharges from federally permitted projects may have on water resources, not to indefinitely delay or block critically important infrastructure,” said EPA Administrator Andrew Wheeler. The truth, as we all know, is far different. Our 2021 EHS Salary Guide will help you evaluate if you are being paid a fair amount for the responsibilities you are shouldering—or if you are paying the right amount to retain hard-to-fill positions but not overpaying on others. It was proposed last August in response to President Donald Trump’s Executive … “It’s really not respecting the rule that states play as co-regulators,” Anastasio said. By Maureen Lorenzetti. Michael Robinson, Senior Conservation Advocate with the Center for Biological Diversity, says the consequences could be grave. Robert Irvin, president of the environmental group American Rivers, said in an interview that the shift would undercut the powers Congress when it passed the Clean Water Act in 1972… The changes to the Clean Water Act’s protections are expected to hit California and other Western states especially hard. Both Democratic attorneys general and lawmakers vowed to fight to reverse the rule. Learn more about the changes that may be on the horizon for the Clean Water Act and find out how they could effect the U.S. agriculture industry. At that point, however, the discovery is too late for the injured. The Clean Water Act has roots going back to 1948, when Congress passed the Federal Water Pollution Control Act. “This administration is happy to put the responsibility for dealing with the pandemic on the states, but they’re far too quick to strip states of authority when they’re trying to protect rivers and clean water,” Irvin said. An important change in the language is that certifying authorities are now required to state that any discharges “will comply” with water quality requirements rather than giving a “reasonable assurance” that the discharge will meet water quality standards, as in the previous wording. Since 1972, the Clean Water Act (CWA) has vested the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers with the … At UL, they believe a better approach is to understand training needs (and provide training), so workers are able to identify workplace hazards and take precautions that prevent incidents. Any unqualified event will trigger a need for Section 401 compliance. Those changes could potentially threaten local wildlife. The definition of Waters of the U.S., which outlines what is protected under the U.S. Clean Water Act, is undergoing regulatory changes effective June … It also would limit any reviews to include only water quality impacts, based on a more narrow definition the Trump administration finalized last year. Restricts state and tribal authority under Section 401 to concerns related only to water quality rather than to other environmental acts and the impositions of other conditions such as biking trails and public access. Robin Rorick, vice president for midstream and industry operations at the American Petroleum Institute, said in a statement that his members support the long-standing environmental law, “though certain states have continued to go well beyond its scope for water quality certifications.”. In September 2019, The Trump Administration rolled back some potential changes to the Clean Water Act (which were presumed as healthy policies). It’s also the reduced protections under the Endangered Species Act. Modifications to “clarify that federal agency review of certifications, conditions, and denials is procedural in nature and does not extend to substantive evaluations.” This means a federal agency is not allowed to “veto” a state-issued 401 certification. Clean Water Act updates challenged. The … The Environmental Protection Agency finalized a rule Monday curtailing the rights of states, tribes and the public to object to federal permits for energy projects and other activities that could pollute waterways across the country. EO 13868 specifically directed the Agency to review Section 401 and update or clarify the language as necessary. ), who chairs the Senate Environment Committee, said in a statement that the rule would make it easier for his state to sell coal elsewhere in the United States and overseas. The energy industry hailed the change as a way to speed up pipelines and other projects, while environmentalists warned it could undercut state and tribal efforts to safeguard rivers and drinking water. Updated Daily. Sen. John Barrasso (R-Wyo. When EO 13868 was issued, the EPA’s water quality certification regulations were almost 50 years old and did not reflect the statutory language in Section 401. The Agencies state that their so-called Navigable Waters Protection Rule will improve and streamline the regulatory definition of WOTUS. Sign up for the EHS Daily Advisor Newsletter, Special Topics in Environmental Management, this change to the 401 certification process, Facing Forward: Profiles of EHS Professionals. As we build the EHS Daily Advisor community, we are looking for professionals, managers, and executives to be a part of our Faces of EHS profile series as well as contribute thoughtful content that can help our colleagues in the field with their compliance and cultural efforts. Learn more! EPA requests comments on potential changes to Clean Water Act water certification program On April 23, the U.S. Environmental Protection Agency (EPA) held an Executive Order 13132 (EO 13132) Federalism consultation with state and local governments on their upcoming efforts to review and revise Section 401 of the Clean Water Act (CWA). President Richard Nixon vetoed the law in 1972, but the U.S. House of Representatives and the Senate overrode his veto, making it the law of the land. New Jersey denied its 401 water certification permit a year ago. Section 401 of the CWA requires that any applicant for a federal license or permit that may result in a discharge to navigable waters obtain a water quality certification from the state or states in which the discharge will originate. These rollbacks threaten drinking water sources for 117 million people in the United States. © 2021 BLR, a division of Simplify Compliance LLC 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. Stay Informed! Clarifies the beginning of the 1-year review clock by defining the documents and information that must be included in a certification request and that the 1-year deadline begins upon receipt of a complete certification request. WASHINGTON—The Environmental Protection Agency on Monday set new rules aimed at speeding up Clean Water Act permit approvals that are often a … The issue in this rule is whether you can dump contaminants or fill into ponds and intermittent streams. The most important news stories of the day, curated by Post editors and delivered every morning. In this Now & Next report, we’ll get insights from three thought leaders in the EHS field on the challenges facing leadership today and tomorrow, from the shop floor to the board room. The change stems from an executive order President Trump issued in April 2019, in which he instructed federal agencies to do everything possible to pave the way for energy infrastructure. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and … Here’s what you need to know. “The state of Washington has hijacked this process and blocked Wyoming coal from being exported,” he said. EPA opts not to delay controversial gold mine in Alaska. The EPA updated the Clean Water Act last month and reduced state decisions over federal water projects. Agency officials have said their efforts are meant to streamline cumbersome regulations, but environmentalists and most state regulators say the … Some companies, however, have complained that certain states have used Section 401 of the Clean Water Act to unnecessarily delay key energy infrastructure projects, including pipelines, coal terminals and hydroelectric dams. Now that the Waters of the United States has been rolled back, the Environmental Protection Agency plans to unveil a less expansive Clean Water Act rule. In a call with reporters Monday, EPA Administrator Andrew Wheeler argued that some states had abused the law in the past, using long delays to trap energy-related projects “in a bureaucratic Groundhog Day.” The change would give states “more than enough time” to scrutinize proposed projects, while preventing them from holding them “hostage” for lengthy periods, he said. The Clean Water Act has set a specific structure for regulating pollution and protecting our oceans, lakes, rivers, and everyday water use. Legal experts say the Trump rule is likely to be placed on hold by … Access your free copy, here. Earn CEUs, exchange ideas, ask questions, and forge new professional relationships with peers and industry-leading providers. “We hope the addition of a well-defined timeline and review process will provide certainty to operators as they develop infrastructure projects that meet state water quality standards,” Rorick said. It has been publicly announced that this rule will be shut down for about two years. Expect confusion on the ground. Listen to the latest and subscribe! During the public comment period on the preproposal stage of the final rule, the EPA received more than 120,000 public comments, which could be an indication of future litigation. “Under the final rule, if a certification, condition, or denial meets the procedural requirements of Section 401, the federal agency must implement the certifying authority’s action, irrespective of whether the federal agency may disagree with aspects of the certifying authority’s substantive determination,” according to. If so, we want to hear from you! Changes to the Clean Water Act would allow factories to dump waste into small waterways without the limitations and permit requirements imposed by the Clean Water Rule. This rule will become effective September 11, 2020. §1251 et seq. The Trump administration on Thursday revealed an overhaul of the Clean Water Act that could remove federal protections for waterways around … Provides “discretionary authority” for the EPA over “neighboring jurisdictions” to determine whether discharges from certified projects will impact the water quality in neighboring jurisdictions. Practical EHS Tips, News & Advice. Rep. Debbie Dingell (D-Mich.) tweeted, “This decision is unconscionable & I’ll do everything in my power to oppose it.” And California Attorney General Xavier Becerra suggested he and others would sue the EPA, saying in a statement, “We won’t stand idly by as they rip away our authority under the law to preserve water quality.”. It was proposed last August in response to President Donald Trump’s Executive Order (EO) 13868 on “Promoting Energy Infrastructure and Economic Growth.” The order provided that “States and authorized tribes have a direct role in Federal permitting and licensing processes to ensure that activities subject to Federal permitting requirements comply with established water quality requirements.”, The EPA says this change to the 401 certification process will increase “the transparency and efficiency of the Clean Water Act Section 401 (Section 401) certification process in order to promote the timely review of infrastructure projects while continuing to ensure that Americans have clean water for drinking and recreation.”. Why GAO Did This Study Identifying training needs is easy in the aftermath of a workplace incident. We still have time to make a change and save our water by making our voices heard! EPA Ties Its Own Hands: One rule change currently being floated undermines a power granted to EPA under the Clean Water Act, called “404(c) authority.” 404(c) authority sets things up so that if the U.S. Army Corps of Engineers green-lights a permit that has an “adverse/unacceptable effect” on the environmental waterway, the EPA can step in to cancel it.
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