Gas, oil industry groups back EPA rule to amend Clean Water Act certification process
Leading gas and oil industry groups voiced their support for a rule by the U.S. Environmental Protection Agency (EPA) that amends the construction certification process under the Clean Water Act.
The agency’s final rule would amend Section 401 of the Clean Water Act to promote the timely review of infrastructure projects while continuing to ensure environmental protections. Clean Water Act Section 401 gives states the authority to assess potential water quality impacts of discharges from federal projects that may affect navigable waters. It is an important tool that can be used to help protect water quality while allowing federal permitting and licensing processes to proceed in a timely manner. However, EPA’s water quality certification regulations were nearly 50 years old and did not reflect the statutory language in Section 401.
The new proposed final rule sets statutory and regulatory timelines for review and action on a Section 401 certification. It requires final action to be taken within one year of receiving a certification request. It also clarifies the scope of Section 401, stating that it is triggered based on the potential for a project to result in a discharge from a point source into a water of the United States. It does not relate to issues that go beyond the impact on water quality. Further, it reaffirms the agency’s responsibility to provide technical assistance to any party involved in a Section 401 water quality certification process and encourages early engagement and coordination among stakeholders. The EPA received more than 120,000 public comments in the rulemaking process.
The American Gas Association (AGA) supports the rule, saying it should “end abuse of Section 401 of the Clean Water Act” trying to block natural gas pipelines.
“Denying the essential energy provided by natural gas pipelines is hurting businesses and families,” AGA President and CEO Karen Harbert said. “As we have seen throughout the COVID-19 pandemic, natural gas is delivering safe, reliable, and clean energy to our homes, businesses, and frontline workers at affordable prices. The new final rule will end the practice of states misusing Section 401, putting political ideology and the goal of blocking natural gas pipelines over the important task of protecting our nation’s water quality.”
The American Petroleum Institute (API) also backs the change.
“API believes this rule will provide a rigorous, consistent and transparent process for water quality certifications for energy developers and manufacturers, while ensuring that the public plays an important role in the regulatory process,” API Vice President for Midstream and Industry Operations Robin Rorick said. “We support the Clean Water Act, and though certain states have continued to go well beyond its scope for water quality certifications, 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.”
