The U.S. Environmental Protection Agency’s proposal targets Section 401 of the Clean Water Act, which allows states to set their own conditions, conduct reviews and approve or deny projects that could potentially pollute waterways. The conditions become a part of the federal permit and its requirements.
The change would give federal authorities power to dismiss conditions set by states or tribes and allow the EPA to overrule a state’s denial of a project. It also would prevent states from studying indirect sources of water pollution or potential pollution in seasonal streams, wetlands or any waters that are not designated as “Waters of the United States.”
State regulators would have only a year to decide whether to approve, deny or impose conditions on a project.
The agency argued that the deadline is needed to keep states and other authorities from holding off on projects by seeking more information from developers without issuing a ruling.
“On the one hand, the EPA is telling us that the states need to be able to exercise their own authority to protect clean water,” said Jared Mott, conservation director of the Isaak Walton League. “That’s the argument for limiting federal protections on (Waters of the U.S.). But now they’re weakening the rule that gives states the ability to do exactly that. It’s frustrating.”