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Two New EPA/Corps Rules at OMB for Review

The agencies submit their draft rules to OMB for review before releasing them to the public. So knowing what's at OMB gives us an insight into what's in the pipeline. Here are two that are of interest to CWA practitioners.


Corps' Nationwide 404 Permits. The current NWPs don't expire until 2022, but the Trump Administration has ordered an early review. The Corps is looking at nine specific NWPs related to the energy sector. This is consistent with the current administratation's priorities, and should surprise no one. This could be quite controversial depending on how far they go, especially as related to pipelines, which have been aggressively challenged by some states and enviro groups in the last few years. The Corps also states that will "take a holistic look at" all of the existing 52 NWPs. Here's a link to the OMB webpage on this. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=0710-AA84


EPA has sent its draft "Effluent Limitation Guidelines and Standards for the Steam Electric Generating Point Source Category - Reconsideration" to OMB. This prposed rule change grows out of petitions filed by the Utility Water Act Group and the SBA. Here's a link. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202004&RIN=2040-AF77



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