EPA Proposal Seeks To ‘Clarify’ Timeline, Scope Of States’ CWA 401 Reviews

EPA has issued its proposed rule under Clean Water Act (CWA) section 401 seeking to update and clarify states’ substantive and procedural requirements for reviewing and certifying that federally permitted projects, including hydropower dams and energy pipelines, will not harm state water quality standards. The proposal is based on a controversial guidance the agency issued earlier this year, but states are pledging to “ignore” the guidance and have vowed to challenge any rule that seeks to codify it. EPA says...