EPA proposes rule change to Clean water Act to streamline permitting process

The U.S. Environmental Protection Agency (EPA) proposed a new rule that would change the Clean Water Act (CWA) to streamline the approval process for pipelines and other infrastructure projects.

The change is to section 401 of the CWA that would give federal regulators more power in granting permits and limiting the authority. “What we’ve seen is states using the Clean Water Act…to hold up these projects,” EPA Administrator Andrew Wheeler told the Wall Street Journal. “It’s a regulation to tell all the states to follow the law.”

Specifically, the new guidelines provide clarification and recommendations to statutory and regulatory timelines for review and action on certification; the appropriate scope of certification conditions; and information within the scope of a state or authorized tribe’s review.

The American Petroleum Institute (API) applauded the proposed rule change.

“API is pleased that the EPA’s new rule continues to support a rigorous, consistent and transparent process for Section 401 water quality certifications, and maintains the vital role that states play in protecting water quality within their borders. A well-defined timeline and review process for water quality certifications are integral to developing infrastructure that reliably provides clean and affordable energy to American families and businesses every day,” Robin Rorick, vice president for midstream and industry operations at API, said.