Document - Clean Water Act 401 Rule Comments

Abstract

American Whitewater submits these comments on the Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule, No. EPA–HQ–OW–2022–0128 (June 9, 2022) (“Proposed Rule”) in support of strengthening the role of states and tribes as the primary guardians of water quality under the Clean Water Act. With the proposed rule, the Environmental Protection Agency (“EPA”) has the opportunity to empower local communities to play a meaningful role in protecting their right to clean, healthy, and productive waters. American Whitewater strongly supports EPA’s reconsideration and revision of the recently promulgated Section 401 regulations, 85 Fed. Reg. 42,284 (July 13, 2020) (“2020 Rule”). EPA must expressly rescind those portions of the 2020 Rule that impinge on principles of cooperative federalism. EPA must go further, however, to ensure its regulations restore the ability of states to assure hydropower and other federally licensed projects meet state requirements and are otherwise consistent with the Clean Water Act and Supreme Court precedent. In doing so, the EPA can take tangible steps toward meeting the Clean Water Act’s goals of achieving “water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation,” eliminating the discharge of pollutants into the navigable waters, and controlling nonpoint source discharges.

Description

Comments on Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule

Document Information

Filename - Clean Water Act 401 Rule Comments4788.pdf

Size - 252.34KB

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Clean Water Act

American Whitewater's advocacy to protect water quality.