Blogs

On Monday, APGA and several other trade associations responded to the Environmental Protection Agency’s (EPA) new rulemaking revising and replacing the 2020 Clean Water Act (CWA) Section 401 Certification regulations. This proposed reversal would eliminate the clarity and consistency that the 2020 rule afforded project proponents and certifying authorities alike. There is now potential for needless delays to constructing critical infrastructure, such as the pipelines the nation uses to transport energy. Specifically, the clarifications in the 2020 rule, which are being rescinded, addressed some states’ misuse of Section 401 certification procedures. APGA and others commented that certifying authorities can now misapply processes, most of the time to pursue policy objectives that have nothing to do with infrastructure buildout. The associations hope EPA will hear the concerns from the industry and withdraw the proposed rule or change it to better align with Congressional intent, conform to relevant current and pending court decisions, and restrain known and reasonably anticipated misuse of Section 401 certification procedures.

APGA staff will monitor this activity and work with the Environmental Task Group and Regulatory Subcommittee on future related activities.

To see the comments, click here.

For questions on this article, please contact Stuart Saulters of APGA staff by phone at 202-544-1334 or by email at ssaulters@apga.org.