The Trump administration will soon propose changes to a Clean Water Act regulation that allows states and tribes to veto major energy projects over water pollution concerns.
EPA’s pending “Clean Water Act Section 401 Water Quality Certification Improvement Rule” was sent Wednesday to the White House Office of Management and Budget for interagency review, according to a notice from the office.
Section 401 of the law requires companies seeking a permit from the Army Corps of Engineers, the Federal Energy Regulatory Commission or other agencies to also obtain a water quality certification from states or tribes in which their project is located. The state entity can issue the certification, deny it or require certain conditions to protect their water resources.
Energy companies and lobbying groups like the U.S. Chamber of Commerce have complained that states sometimes take a long time to issue the certifications or impose unreasonable conditions. While the contents of the pending rule are unclear, it could ultimately limit the veto power of states and tribes.
