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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).
Opposing opinions by three U.S. appeals courts (two issued by the same circuit on the same day) have led to a decision by the U.S. Supreme Court to address the core Clean Water Act (CWA) question—Is a point source discharging pollutants to navigable water via a groundwater pathway the functional equivalent of a direct discharge […]
Fourteen states have responded to the EPA’s June 22, 2018, request to voluntarily submit information about facilities that produce, use, or store hazardous substances (HSs) designated at 40 CFR part 116 (Clean Water Act [CWA] Listed Hazardous Substances), the CWA HS they store, historical discharges of these HSs to waterways, and any state requirements relating […]
For the first time since it issued its Water Quality Trading Policy (Policy) in 2003, the EPA appears to be taking consequential steps to encourage broader use of a practice that seems highly attractive at first glance but that has been constrained because of how the Policy was written and how stakeholders have interpreted it.
With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.