Washington – Wyoming Congresswoman and House GOP Conference Chair Liz Cheney (R-WY) released the following statement after the U.S. Environmental Protection Agency (EPA) issued a final rule to reform implementation of Section 401 of the Clean Water Act (CWA):
“This final rule ensures that other states cannot harm our local economy. Previously, radical environmentalists were able to politicize the CWA and obstruct critical energy development in Wyoming.
“We saw these negative ramifications for our state in 2017 when Governor Inslee of Washington took advantage of this provision to block a permit for the Millennium Bulk Terminal, an export facility that would have expanded the ability of the United States to ship Wyoming’s coal to Asian markets.
“No state should be able to tell us in Wyoming how to live or do business. I applaud the EPA for issuing this rule, which will end the government overreach that was hindering our ability to develop energy resources and reap the economic gains that come with that production.”
Background
Rep. Cheney is an original cosponsor of H.R. 2205, the Water Quality Certification Improvement Act of 2019, which, if passed, would have clarified Section 401 of the CWA to stop abuse of the current law.
EPA finalized this rule pursuant to the direction of Executive Order 13868, “Promoting Energy Infrastructure and Economic Growth.” In this Executive Order, President Trump directed EPA to review Section 401 and EPA’s related regulations and guidance to determine whether the agency’s policies should be updated or clarified.
Section 401 of the Clean Water Act gives states the authority to review whether a federally permitted project will impact the water quality of navigable waters within state borders. While this authority is important in protecting water quality, Section 401 has been abused by some states to deny critical and legitimate energy infrastructure projects for reasons unrelated to water quality. The final rule limits reviews to water quality impacts and requires a final decision be made by states within one year. The final rule:
- Specifies statutory and regulatory timelines for review and action on a Section 401 certification—requiring final action to be taken within one year of receiving a certification request.
- Clarifies the scope of Section 401, including clarifying that 401 certification is triggered based on the potential for a project to result in a discharge from a point source into a water of the United States. When states look at issues other than the impact on water quality, they go beyond the scope of the Clean Water Act.
- Explains EPA’s roles under Section 401.
- Reaffirms the agency’s statutory responsibility to provide technical assistance to any party involved in a Section 401 water quality certification process.
- Promotes early engagement and coordination among project proponents, certifying authorities and federal licensing and permitting agencies.
To read the final rule and to learn about the Clean Water Act Section 401 water quality certification process, please visit https://www.epa.gov/cwa-401.
