Search
  • Mark Ryan

EPA's Final Push

The Office of Regulatory Affairs publishes what is known as the "unified agenda" of the various federal agencies. Today's agenda for EPA shows several CWA-related regulatory efforts by the Trump administration as it heads for the exit lobby. See link below, pp. 6-9. The descriptions of the proposed rules, by their nature, reveal little, but one can see that the administration is proposing some potentially important changes to the existing rules. Here's a brief summary:

  • POTWs with SSO will get new rules for peak flows

  • Incidental discharges from ships - national performance standards

  • Updating the old 404(g) assumption regs to "reduce barriers to assumption."

  • Water Quality Trading regs. EPA "strongly supports market-based mechanisms. . . "

  • 401 cert. - this proposed rule is already out

  • Maui guidance - see my previous blogpost.

All of these are potentially interesting and should be watched. It will be fascinating to see what they're doing with water quality trading. I worked on that issue quite a bit when I was at EPA, and it's a very tough nut to crack given the statutory limitations in the CWA.


Make sure you submit public comments on any of these last-minute rulemakings you care about. It's important to build a robust public record on these proposed changes, even if the administration is about to change.


https://www.reginfo.gov/public/jsp/eAgenda/StaticContent/202010/Statement_2000_EPA.pdf



If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

43 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed