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Section 1313 of the Clean Water Act (CWA) directs that states must develop total maximum daily loads (TMDLs) for water bodies that are impaired by pollutants or conditions (e.g., temperature or turbidity). The state submits these TMDLs to the EPA for approval. If the Agency approves the state’s submission, the TMDL takes effect. If the […]
In February 2019, the EPA’s assistant administrator for water issued a memo updating the Agency’s water quality trading policy “to promote market-based mechanisms.” The memo includes six principles intended to clarify aspects of the federal water quality trading program, provide tools and incentives to states and local governments to implement trading programs, and promote increased […]
Effective 60 days after its publication in the Federal Register, the EPA/Army Corps of Engineers’ (EPA/Corps) final rule repealing the Obama administration’s 2015 Clean Water Rule formally concludes Step 1, the first of two steps to ensure that the states exercise majority control over their water resources. The final rule removes the complex definition of […]
In a recent “final action”, the EPA announced that it will not “at this time” promulgate new regulations to prevent spills of hazardous substances (HSs) under Clean Water Act (CWA) Section 311.
With the Utility Water Act Group (UWAG) at its side, the EPA successfully defended itself against allegations by environmental groups that its postponement of several deadlines in its 2015 Effluent Limitations Guidelines [ELGs] and Standards for the Steam Electric Power Generating Point Source Category (2015 Rule) violated both the Clean Water Act (CWA) and Administrative […]
Proponents of energy infrastructure projects such as natural gas pipelines and electricity transmission lines that require federal licenses or permits welcomed an EPA proposal to amend regulations to implement the state certification process authorized by Section 401 of the Clean Water Act (CWA) for these projects.
The use of computers and Internet conferencing are well-established tools for business meetings. But that may not be the case for states and Indian tribes that hold the public hearings that Clean Water Act (CWA) Sections 303(c)(1) and 101(e) and 40 CFR 131.20(b) require when amending or reviewing water quality standards (WQSs).
The EPA has issued new guidance describing measures and other considerations federal agencies should adopt when fulfilling their roles in the Clean Water Act’s (CWA) Section 401 state certification process, particularly in relation to federal permitting of infrastructure projects. Specific topics addressed in the guidance are timelines for review and action on Section 401 certifications, […]
Produced water—the subject of a new EPA draft study—is a multifaceted environmental issue that presents golden opportunities and prompts difficult human health and ecological questions. The draft is the latest in a series of actions the Agency is taking to better understand how produced water is managed nationwide, explore additional management options, and consider the […]
In a lengthy interpretive statement, the EPA takes the position that a pollutant discharged from a point source, which reaches a water of the United States via a hydrologic connection provided by groundwater, is not subject to permitting under the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).