An important change in the language is that certifying authorities are now required to state that any discharges “will comply” with water quality requirements rather than giving a “reasonable assurance” that the discharge will meet water quality standards, as in the previous wording. The most important news stories of the day, curated by Post editors and delivered every morning. Expect confusion on the ground. Robert Irvin, president of the environmental group American Rivers, said in an interview that the shift would undercut the powers Congress when it passed the Clean Water Act in 1972, at which point it “gave states the authority to do more than the federal government is doing in order to clean up our rivers and have fishable, swimmable waters.”. Earn CEUs, exchange ideas, ask questions, and forge new professional relationships with peers and industry-leading providers. Both Democratic attorneys general and lawmakers vowed to fight to reverse the rule. The … The New York Department of Environmental Conservation just denied a permit to the NESE Pipeline last month, based on its “inability to demonstrate” how it would meet all applicable water standards. Some of the most common examples of licenses or permits that may be subject to Section 401 certification are CWA Section 404 permits for the discharge of dredged or fill material, Rivers and Harbor Act Section 9 and 10 permits issued by the Army Corps of Engineers, hydropower li… The issue in this rule is whether you can dump contaminants or fill into ponds and intermittent streams. Federal data suggest 81% of … WASHINGTON—The Environmental Protection Agency on Monday set new rules aimed at speeding up Clean Water Act permit approvals that are often a … Are you an environment, health, and safety (EHS) professional with something to contribute to your professional community? Clarifies the beginning of the 1-year review clock by defining the documents and information that must be included in a certification request and that the 1-year deadline begins upon receipt of a complete certification request. It’s not just the rollbacks to the Clean Water Act that have some residents concerned. “It’s really not respecting the rule that states play as co-regulators,” Anastasio said. But Association of Clean Water Administrators Executive Director Julia Anastasio, who represents state water permit administrators in all 50 states, said in a phone interview that the rule doesn’t respect state roles in maintaining water quality and does not address a 1994 Supreme Court ruling empowering them to set “other limitations” that could ensure a project meets “any other appropriate requirement of state law.”. This rule will become effective September 11, 2020. They frequently cite two pipeline projects that encountered obstacles in New York state in recent years: the Constitution natural gas pipeline, which planned to ship gas from Pennsylvania’s Marcellus shale to New York before it was shelved, and the Northeast Supply Enhancement (NESE) Pipeline, which would also have brought gas from Pennsylvania to New Jersey and then onto New York City. New Jersey denied its 401 water certification permit a year ago. The energy industry hailed the change as a way to speed up pipelines and other projects, while environmentalists warned it could undercut state and tribal efforts to safeguard rivers and drinking water. It was proposed last August in response to President Donald Trump’s Executive … “Under the final rule, if a certification, condition, or denial meets the procedural requirements of Section 401, the federal agency must implement the certifying authority’s action, irrespective of whether the federal agency may disagree with aspects of the certifying authority’s substantive determination,” according to. Sign up for the EHS Daily Advisor Newsletter, Special Topics in Environmental Management, this change to the 401 certification process, Facing Forward: Profiles of EHS Professionals. Modifications to “clarify that federal agency review of certifications, conditions, and denials is procedural in nature and does not extend to substantive evaluations.” This means a federal agency is not allowed to “veto” a state-issued 401 certification. Updated Daily. Without changes to the act's approach to nonpoint source pollution, the act's goals are likely to remain unfulfilled. This override power was used by … The U.S. EPA backed down from its stance that the Redwood City salt ponds are not protected by the Clean Water Act, signaling a change in the Biden administration's direction on environmental issues. EPA Ties Its Own Hands: One rule change currently being floated undermines a power granted to EPA under the Clean Water Act, called “404(c) authority.” 404(c) authority sets things up so that if the U.S. Army Corps of Engineers green-lights a permit that has an “adverse/unacceptable effect” on the environmental waterway, the EPA can step in to cancel it. On July 13, 2020, the EPA published its final rule “to update and clarify the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401.”. In a call with reporters Monday, EPA Administrator Andrew Wheeler argued that some states had abused the law in the past, using long delays to trap energy-related projects “in a bureaucratic Groundhog Day.” The change would give states “more than enough time” to scrutinize proposed projects, while preventing them from holding them “hostage” for lengthy periods, he said. Under a new section 401 of the Act, states can no longer block major energy or infrastructure projects in their state except in cases of pollution into state waters. It remains to be seen how this hard deadline will impact some agencies and entities that have traditionally relied upon withdrawals and refilings to stretch out the process, according to. EPA requests comments on potential changes to Clean Water Act water certification program On April 23, the U.S. Environmental Protection Agency (EPA) held an Executive Order 13132 (EO 13132) Federalism consultation with state and local governments on their upcoming efforts to review and revise Section 401 of the Clean Water Act (CWA). The Trump administration on Thursday revealed an overhaul of the Clean Water Act that could remove federal protections for waterways around … Environment, Health, and Safety (EHS) is often viewed by some workers and executives as nothing more than a box to be ticked off on an onboarding training checklist. Grants enforcement authority, including the right to inspect before start-up, to the federal agency issuing the certification. (1972) The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Some companies, however, have complained that certain states have used Section 401 of the Clean Water Act to unnecessarily delay key energy infrastructure projects, including pipelines, coal terminals and hydroelectric dams. It was proposed last August in response to President Donald Trump’s Executive Order (EO) 13868 on “Promoting Energy Infrastructure and Economic Growth.” The order provided that “States and authorized tribes have a direct role in Federal permitting and licensing processes to ensure that activities subject to Federal permitting requirements comply with established water quality requirements.”, The EPA says this change to the 401 certification process will increase “the transparency and efficiency of the Clean Water Act Section 401 (Section 401) certification process in order to promote the timely review of infrastructure projects while continuing to ensure that Americans have clean water for drinking and recreation.”. The move, part of the Trump administration’s push to weaken environmental rules it sees as standing in the way of new development, upends how the United States applied a section of the Clean Water Act for nearly a half century. Steven Frame / Shutterstock.com. When EO 13868 was issued, the EPA’s water quality certification regulations were almost 50 years old and did not reflect the statutory language in Section 401. Stay Informed! Report Questions Methodology of Clean Water Act Changes The new EPA rule has removed federal Clean Water Act protections from isolated wetlands and intermittent streams. The new rule would set a one-year deadline for states and tribes to certify or reject proposed projects — including pipelines, hydroelectric dams and industrial plants — that could discharge pollution into area waterways. The change stems from an executive order President Trump issued in April 2019, in which he instructed federal agencies to do everything possible to pave the way for energy infrastructure. In September 2019, The Trump Administration rolled back some potential changes to the Clean Water Act (which were presumed as healthy policies). On October 22, 2019, the Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) published a final rule to repeal the 2015 Clean Water Rule: Definition of “Waters of the United States” (“2015 Rule”), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. During the public comment period on the preproposal stage of the final rule, the EPA received more than 120,000 public comments, which could be an indication of future litigation. The 1948 law proved insufficient for controlling the growth of water pollution in America, and in 1972, Congress passed a series of sweeping amendments which became known as the Clean Water Act. Safety Training – Do What’s Right, Not Just What’s Required, Limits the scope of the rule to “assuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements.”. Robin Rorick, vice president for midstream and industry operations at the American Petroleum Institute, said in a statement that his members support the long-standing environmental law, “though certain states have continued to go well beyond its scope for water quality certifications.”. The specific 2015 rule being rolled back has to do with how far the clean water act extends as "Waters of the US". Repealing the Clean Water Rule without any valid scientific or legal support moves this country away from a commonsense safeguard that helps state and federal agencies protect our rivers, streams, and wetlands under the Clean Water Act. 33 U.S.C. Download Our Free EHS Leadership Week Resource, EHS Leadership in 2021: A Now & Next Report! Michael Robinson, Senior Conservation Advocate with the Center for Biological Diversity, says the consequences could be grave. The changes to the Clean Water Act’s protections are expected to hit California and other Western states especially hard. By Maureen Lorenzetti. Congress passed the Clean Water A ct, however, EPA reported that many of the nation’s waters are still impaired, and the goals of the act are not being met. “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,” Rorick said. The Environmental Protection Agency finalized a rule Monday curtailing the rights of states, tribes and the public to object to federal permits for energy projects and other activities that could pollute waterways across the country. We still have time to make a change and save our water by making our voices heard! Another project that stalled was the Millennium Bulk Terminal, a $680 million coal export facility that Washington state rejected in September 2017. More than 40 years after Congress passed the Clean Water Act, however, EPA reported that many of the nation's waters are still impaired, and the goals of the act are not being met. The truth, as we all know, is far different. These rollbacks threaten drinking water sources for 117 million people in the United States. It’s also the reduced protections under the Endangered Species Act. We have a variety of webinars, online events, and virtual roundtables available free of charge to keep you informed and connected to other EHS professionals throughout the COVID-19 pandemic. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and … The definition of Waters of the U.S., which outlines what is protected under the U.S. Clean Water Act, is undergoing regulatory changes effective June … President Donald Trump. Since 1972, the Clean Water Act (CWA) has vested the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers with the … Practical EHS Tips, News & Advice. It also would limit any reviews to include only water quality impacts, based on a more narrow definition the Trump administration finalized last year. The proposed changes to Clean Water Act permitting rules, announced Friday by the U.S. Environmental Protection Agency, would limit the amount of … As we build the EHS Daily Advisor community, we are looking for professionals, managers, and executives to be a part of our Faces of EHS profile series as well as contribute thoughtful content that can help our colleagues in the field with their compliance and cultural efforts. Clean Water Act (CWA), also known as Federal Water Pollution Control Act Amendments of 1972, U.S. legislation enacted in 1972 to restore and maintain clean and healthy waters.The CWA was a response to increasing public concern for the environment and for the condition of the nation’s waters. The issue is not that you can dump things directly into big rivers or streams. Learn more about the changes that may be on the horizon for the Clean Water Act and find out how they could effect the U.S. agriculture industry. Now that the Waters of the United States has been rolled back, the Environmental Protection Agency plans to unveil a less expansive Clean Water Act rule. “Our system of republican democracy does not allow for one state to dictate standards or decisions for the entire nation,” Wheeler said. Why GAO Did This Study Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands. Potential changes to the implementation of the Clean Water Act (CWA) include the definition of waters of the U.S. (WOTUS) and the CWA Section 404 Nationwide Permits (NWPs), which are used to permit most projects that discharge fill into WOTUS Definition of Waters of the U.S./Clean water act Jurisdiction EPA opts not to delay controversial gold mine in Alaska. The EPA updated the Clean Water Act last month and reduced state decisions over federal water projects. Section 401 of the CWA requires that any applicant for a federal license or permit that may result in a discharge to navigable waters obtain a water quality certification from the state or states in which the discharge will originate. The Agencies state that their so-called Navigable Waters Protection Rule will improve and streamline the regulatory definition of WOTUS. Access your free copy, here. Listen to the latest and subscribe! The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. “EPA is returning the Clean Water Act certification process under Section 401 to its original purpose, which is to review potential impacts that discharges from federally permitted projects may have on water resources, not to indefinitely delay or block critically important infrastructure,” said EPA Administrator Andrew Wheeler. A bipartisan group of US House of Representative lawmakers called on the White House Nov. 25 to reject a pending plan by the US Environmental Protection Agency and the US Army Corps of Engineers to change federal clean water guidelines. As an EHS professional, you are passionate about your work: ensuring that everyone at a jobsite or facility […]. “This administration is happy to put the responsibility for dealing with the pandemic on the states, but they’re far too quick to strip states of authority when they’re trying to protect rivers and clean water,” Irvin said. Changes to the Clean Water Act would allow factories to dump waste into small waterways without the limitations and permit requirements imposed by the Clean Water Rule. President Richard Nixon vetoed the law in 1972, but the U.S. House of Representatives and the Senate overrode his veto, making it the law of the land. Where do […]. Spells out that no actual pollutants have to be involved in a discharge event in order to trigger Section 401. Rep. Debbie Dingell (D-Mich.) tweeted, “This decision is unconscionable & I’ll do everything in my power to oppose it.” And California Attorney General Xavier Becerra suggested he and others would sue the EPA, saying in a statement, “We won’t stand idly by as they rip away our authority under the law to preserve water quality.”. It has been publicly announced that this rule will be shut down for about two years. §1251 et seq. At UL, they believe a better approach is to understand training needs (and provide training), so workers are able to identify workplace hazards and take precautions that prevent incidents. At that point, however, the discovery is too late for the injured. On July 13, 2020, the EPA published its final rule “to update and clarify the substantive and procedural requirements for water quality certification under Clean Water Act (CWA or the Act) section 401.”, This rule will become effective September 11, 2020. By signing up you agree to our Terms of Use and Privacy Policy, Reporter covering domestic policy and national affairs, Reporter focusing on environmental policy and public health issues, EPA limits states and tribes’ ability to protest pipelines and other energy projects. The Trump administration on Thursday announced a legal repeal of a major Obama-era clean water regulation that limited the amount of pollution and chemicals in … Any unqualified event will trigger a need for Section 401 compliance. © 2021 BLR, a division of Simplify Compliance LLC 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257 All rights reserved. Provides “discretionary authority” for the EPA over “neighboring jurisdictions” to determine whether discharges from certified projects will impact the water quality in neighboring jurisdictions. The mission of EHS On Tap is to provide clear, relevant, actionable information on topics that matter to EHS professionals in podcast form through engaging and insightful interviews with experts and thought leaders. Robert Irvin, president of the environmental group American Rivers, said in an interview that the shift would undercut the powers Congress when it passed the Clean Water Act in 1972… Legal experts say the Trump rule is likely to be placed on hold by … If so, we want to hear from you! On January 23, 2020, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers finalized a long-awaited new rule redefining the term “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). Sen. John Barrasso (R-Wyo. “The state of Washington has hijacked this process and blocked Wyoming coal from being exported,” he said. Here’s what you need to know. Identifying training needs is easy in the aftermath of a workplace incident. Learn the best way to handle an employee’s refusal to wear a mask and your company’s best course of action in response. Restricts state and tribal authority under Section 401 to concerns related only to water quality rather than to other environmental acts and the impositions of other conditions such as biking trails and public access. Learn more! The Clean Water Act has set a specific structure for regulating pollution and protecting our oceans, lakes, rivers, and everyday water use. The Clean Water Act has roots going back to 1948, when Congress passed the Federal Water Pollution Control Act. Without changes to the act’s approach to nonpoint source pollution, the act’s goals are likely to remain unfulfilled. Clean Water Act updates challenged. Those changes could potentially threaten local wildlife. Agency officials have said their efforts are meant to streamline cumbersome regulations, but environmentalists and most state regulators say the … “The president is very happy about this,” Wheeler said, as he congratulated the agency’s staff for its work on the rule. EO 13868 specifically directed the Agency to review Section 401 and update or clarify the language as necessary. In this Now & Next report, we’ll get insights from three thought leaders in the EHS field on the challenges facing leadership today and tomorrow, from the shop floor to the board room. Our 2021 EHS Salary Guide will help you evaluate if you are being paid a fair amount for the responsibilities you are shouldering—or if you are paying the right amount to retain hard-to-fill positions but not overpaying on others. Changes to the U.S. Clean Water Act could have an impact on how your project gets sited and permitted. ), who chairs the Senate Environment Committee, said in a statement that the rule would make it easier for his state to sell coal elsewhere in the United States and overseas.