EPA proposes rule to limit states' power to block pipelines

The EPA proposed narrowing Section 401 of the Clean Water Act to restrict state and tribal reviews to direct water quality effects and to impose a one-year deadline for certification requests. The agency is seeking public comment for 30 days and aims to finalize the rule by spring.

The Environmental Protection Agency on Tuesday proposed a rule to narrow Section 401 of the Clean Water Act. The change would limit states and tribes to addressing only direct water quality effects of projects such as pipelines and would set a one-year deadline for certification requests. EPA officials said the proposal is intended to reduce permitting delays and increase regulatory predictability. Environmental groups and some state officials raised concerns about reduced local oversight and potential effects on waterways. Key facts: - The proposed rule would narrow the scope of Section 401 so states and tribes may review only direct water quality impacts and not broader factors like air pollution or traffic. - The EPA plans a 30-day public comment period on the proposal and says it aims to finalize the rule by spring. - The move largely restores an approach taken in the previous administration and is expected to prompt legal and administrative responses from states and stakeholders. Summary: The proposal would limit state and tribal authority under Section 401 and set new deadlines for certification requests, changing how water-quality reviews factor into federal permits for energy projects. The EPA has opened a 30-day comment period and aims to finalize the rule by spring; further legal and administrative actions are reported as likely.