Electric industry groups back EPA’s new definition of “waters of the United States”
Electric industry groups are applauding the U.S. Environmental Protection Agency’s new definition for “waters of the United States,” a change designed to provide regulatory certainty.
The revised definition of waters of the United States within the Clean Water Act identifies four categories of waters that are federally regulated: territorial seas and traditional navigable waters, like the Atlantic Ocean and the Mississippi River; perennial and intermittent tributaries; certain lakes, ponds, and impoundments; and wetlands that are adjacent to jurisdictional waters. The four categories protect the nation’s navigable waters and the core tributary systems that flow into those waters, the EPA says. Ephemeral streams, or water that flows only after rainfalls or snowfalls, would not be protected as they have been in the past. Groundwater, ditches, prior converted cropland, stormwater control features and waste treatment systems are also not included in the definition.
“EEI and our member companies applaud the U.S. Environmental Protection Agency and the Army Corps of Engineers for finalizing the new, clear WOTUS definition that protects our nation’s waters while also providing regulatory certainty to our industry as we continue our clean energy transformation,” Edison Electric Institute (EEI) President Tom Kuhn said about the change. “Across the country, EEI’s member companies are investing more than $110 billion annually in smarter energy infrastructure. Having clear regulatory guidance enables us to site, permit, build, and operate the energy infrastructure we need to deliver the clean energy future that our customers want and expect.”
The National Rural Electric Cooperative Association also backs the new definition, saying it will reduce regulatory delays.
“The new rule is a sensible regulation that provides regulatory clarity, protects the environment and recognizes the important role of states in managing the nation’s water resources. The 2015 WOTUS rule would have increased regulatory delay and costs for electric co-ops to maintain and build critical infrastructure. The new rule will facilitate this important work as co-ops strive to meet growing energy needs,” NRECA CEO Jim Matheson said.
The American Public Power Association also commended the new rule.
“Public power welcomes the clarity that the new Navigable Waters Protection Rule brings in reasonably defining ‘federal waters,” American Public Power Association officials said. “Public power utilities look to the federal government to facilitate expedient permitting of infrastructure projects to continue powering the U.S. with reliable, affordable, and environmentally responsible power. This rule will certainly improve this process.”
The final rule will become effective 60 days after publication in the Federal Register.
