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The Environmental Protection Agency on Tuesday proposed restrictions on states and native american Tribes have the power to use the Clean Water Act to block major projects like natural gas pipelines, furthering the Trump administration’s goal of accelerating the construction of new fossil fuel infrastructure and data centers.
The agency said new limits on local water quality reviews of federally regulated projects will still allow states to protect their environment while preventing unnecessary delays. Successive governments have wavered over the scope of state power. president Donald TrumpThe first government reduced it, Biden The government reinstated it, and now the Trump administration is again adding restrictions to so-called Section 401 of the Clean Water Act.
“When finalized, the proposed rule will increase transparency, efficiency and predictability for accrediting agencies and the regulated community,” said Jess Kramer. USEPAAssistant Water Administrator. “It will also ensure that states and authorized tribes comply with their responsibilities under Section 401.”
The Clean Water Act allows states and some authorized tribes to review the impact of pipelines, dams and other federally regulated projects on water quality within their borders. For example, pipelines may cross rivers, streams and wetlands — something states can review but have caused blockages before. In 2017, for example, New York regulators denied a permit to build the pipeline, saying hundreds of streams and wetlands were not adequately protected.
The proposed changes are similar to the EPA’s rules during Trump’s first term. They proposed a clear description of what applicants would need to submit to states, strict review deadlines, and a requirement for states to fully explain why any conditions were imposed on developers or why their licenses were denied.
In 2023, the Biden administration strengthened the authority of states and tribes to conduct water quality reviews. Campaigners at the time praised the change, saying it would help protect the local environment. The agency said at the time that states should be able to look beyond direct releases of pollution into waters and instead “comprehensively assess” the impact of projects on local water quality.
The Trump administration wants to repeal this broader authority and focus its review on direct discharges into federally regulated waters. They do so at a time when fewer waters are subject to federal regulation under the Clean Water Act. 2023, Supreme Court Sackett v. EPA limited the federal government’s authority to manage millions of acres of wetlands.
Under Administrator Lee Zeldin, the EPA has broadened its traditional focus on the environment and public health to include several economic “pillars,” such as restoring U.S. energy dominance (Trump’s shorthand for fossil fuels) and making the United States the “artificial intelligence capital of the world.” As demand for new data centers increases, some of these projects will require state water quality permits. Cramer said the update will provide clarity on the rules for these reviews.
“That makes what we do in the 401 space critical, right? These projects need to be able to move forward with certainty,” Cramer said.
The final rule is expected to be released in the spring after the public comment period ends.
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Associated Press writer Matthew Daly contributed.
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