EPA and Army Corps move to limit state authorities under the Clean Water Act

-
BlogOn August 8, the EPA announced a proposed rule that would revise Section 401 of the Clean Water Act (CWA), which gives states the responsibility to “certify” that proposed projects meet water quality standards.EPA and Army Corps move to limit state authorities under the Clean Water Act
- EPA announced a proposed rule that would revise Section 401 of the Clean Water Act (CWA), which gives states the responsibility to “certify” that proposed projects meet water quality standards
- The new proposed rule creates a tighter timeframe and criteria for states to review permits. The agency is accepting comments on the proposed regulations through October 21, 2019
September 18, 2019September 18, 2019, 12:30 pm
-
Blog
EPA and Army Corps move to limit state authorities under the Clean Water Act
On August 8, the EPA announced a proposed rule that would revise Section 401 of the Clean Water Act (CWA), which gives states the responsibility to “certify” that proposed projects meet water quality standards. State Section 401 certifications approvals are required before the federal government may sign off on CWA Section 402 and 404 permits, Federal Energy Regulatory Commissioner (FERC) hydropower licenses and Rivers and Harbors Act Section 9 and 10 permits. The new proposed rule creates a tighter timeframe and criteria for states to review permits. The agency is accepting comments on the proposed regulations through October 21, 2019.
The proposed rule builds on a similar guidance issued by the EPA in June 2019, which creates a tighter timeframe and criteria for states to review, approve or deny proposed energy projects. Several provisions of the June guidance are solidified in the proposed rule, including limiting states to one year from the time the submittal is received to approve or deny a certification. In addition, the proposed rule prevents states from considering issues beyond water quality in their certification process. To read EPA’s press release on the proposed rule, click here.
The recently proposed rule follows concerns expressed by the administration and industry groups that states have used the Section 401 process to put additional requirements on or deny energy infrastructure siting projects. After releasing the guidance in June, it was anticipated that legal challenges would be filed, prompting the administration to undergo a more formalized rulemaking since guidance can be easily overturned at any time, or from one administration to the next.
In May 2019, NACo, along with other local government groups, sent a letter to EPA Administrator Andrew Wheeler requesting a delay to a proposed rule on Section 401 until after the EPA could more fully engage with state and local governments. To view the letter, click here.
On August 8, the EPA announced a proposed rule that would revise Section 401 of the Clean Water Act (CWA), which gives states the responsibility to “certify” that2019-09-18Blog2019-09-24
On August 8, the EPA announced a proposed rule that would revise Section 401 of the Clean Water Act (CWA), which gives states the responsibility to “certify” that proposed projects meet water quality standards. State Section 401 certifications approvals are required before the federal government may sign off on CWA Section 402 and 404 permits, Federal Energy Regulatory Commissioner (FERC) hydropower licenses and Rivers and Harbors Act Section 9 and 10 permits. The new proposed rule creates a tighter timeframe and criteria for states to review permits. The agency is accepting comments on the proposed regulations through October 21, 2019.
The proposed rule builds on a similar guidance issued by the EPA in June 2019, which creates a tighter timeframe and criteria for states to review, approve or deny proposed energy projects. Several provisions of the June guidance are solidified in the proposed rule, including limiting states to one year from the time the submittal is received to approve or deny a certification. In addition, the proposed rule prevents states from considering issues beyond water quality in their certification process. To read EPA’s press release on the proposed rule, click here.
The recently proposed rule follows concerns expressed by the administration and industry groups that states have used the Section 401 process to put additional requirements on or deny energy infrastructure siting projects. After releasing the guidance in June, it was anticipated that legal challenges would be filed, prompting the administration to undergo a more formalized rulemaking since guidance can be easily overturned at any time, or from one administration to the next.
In May 2019, NACo, along with other local government groups, sent a letter to EPA Administrator Andrew Wheeler requesting a delay to a proposed rule on Section 401 until after the EPA could more fully engage with state and local governments. To view the letter, click here.

-
Blog
The County Countdown – September 13, 2023
Every other week, NACo’s County Countdown reviews top federal policy advocacy items with an eye towards counties and the intergovernmental partnership. Watch the video and explore NACo resources below on some of the top issues we are covering this week. -
Blog
The County Countdown – August 7, 2023
Every other week, NACo’s County Countdown reviews top federal policy advocacy items with an eye towards counties and the intergovernmental partnership. -
Webinar
Exploring Outdoor Recreation as a Component of Economic Diversification
Jul. 27, 2023 , 3:00 pm – 4:00 pmJoin the BRECC National Network for a conversation on outdoor recreation as a viable component to build a robust, diverse local economy. Learn more about research trends linked to outdoor recreation economic development, small business ecosystems and resources that could support coal communities. -
Blog
How counties can use the new elective pay mechanism to finance clean energy projects
On June 14, the U.S. Department of the Treasury and the Internal Revenue Service issued proposed regulations on elective pay (otherwise known as direct pay), a new tax credit delivery mechanism established in the Inflation Reduction Act. -
Blog
The County Countdown – July 10, 2023
Every other week, NACo’s County Countdown reviews federal advocacy updates on topics related to counties and the intergovernmental partnership. Watch the video above for your intergovernmental policy bulletin, and explore below for NACo's resources on the key issues we covered this week. -
Policy Brief
Urge Congress and EPA to Consult with Counties on any Future Regulations on PFAS
Advocate for the U.S. Environmental Protection Agency (EPA) and other federal agencies to study the health and environmental impacts of PFAS compounds and to work closely with state and local governments throughout the rule-making process.
-
Basic page
Environment, Energy & Land Use Steering Committee
Responsible for all matters pertaining to air, water, energy, and land use, including water resources/management, stormwater, pesticides, air quality standards, solid, hazardous, and nuclear waste handling, transport, and disposal, national energy policy, renewable/alternative energy, alternative fuel vehicles, energy facility siting, electricity utility restructuring, pipeline safety, oil spills, superfund/brownfields, eminent domain, land use, coastal management, oceans, parks and recreation.pagepagepage<p>Responsible for all matters pertaining to air, water, energy, and land use, including water resources/management, stormwater, pesticides, air quality standards, solid, hazardous, and nuclear waste handling, transport, and disposal,
-
Reports & Toolkits
Implementing Infrastructure Investments at the County Level: The Bipartisan Infrastructure Law (P.L. 117-58)
As intergovernmental partners, counties play a key role in ensuring the successful interpretation and implementation of the BILReports & Toolkitsdocument100710:00 amReports & Toolkits<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out transparent jump">
<tbody>
<tr>
<td>
Related Posts
-
BlogThe County Countdown – September 13, 2023Sep. 13, 2023
-
BlogThe County Countdown – August 7, 2023Aug. 7, 2023
-
BlogHow counties can use the new elective pay mechanism to finance clean energy projectsJul. 11, 2023
Related Resources
-
Policy BriefUrge Congress and EPA to Consult with Counties on any Future Regulations on PFASJul. 7, 2023
-
Reports & ToolkitsLegislative Analysis for Counties: Federal Permitting Provisions in the Fiscal Responsibility ActJun. 23, 2023
-
DocumentDept. of Defense: REPI Resilience Project Funding GuideApr. 17, 2023
More From
-
Legislative Analysis for Counties: The Inflation Reduction Act
The IRA offers counties the opportunity to pursue clean energy initiatives and reduce emissions through new competitive grant programs, local resiliency investments and clean energy tax credits.
Learn More