EPA moves to give states, tribes more power to protect water

WASHINGTON — The Biden administration on Thursday proposed undoing a Trump-era rule that limited the power of states and Native American tribes to block energy projects like natural gas pipelines based on their potential to pollute rivers and streams.

The Clean Water Act allows states and tribes to review what effect pipelines, dams and some other federally regulated projects might have on water quality within their borders. The Trump administration sought to streamline fossil fuel development and made it harder for local officials to block projects.

The Biden administration’s proposed rule would shift power back to states, tribes and territories.

Environmental Protection Agency Administrator Michael Regan said in a statement that the agency’s draft regulation would empower local entities to protect water bodies “while supporting much-needed infrastructure projects that create jobs.”

Thursday’s action is the latest move by the Biden administration to tighten water regulations loosened under the Trump administration.

The Trump rule required local regulators to focus their reviews on the pollution that projects might discharge into rivers, streams and wetlands. It also rigidly enforced a one-year deadline for regulators to make permitting decisions. Some states lost their authority to block certain projects based on allegations they blew the deadline.

Now, the EPA says states should have the authority to look beyond pollution discharged into waterways and “holistically evaluate” the impact of a project on local water quality. The proposal would also give local regulators more power to ensure they have the information they need before facing deadline pressure to issue or deny a permit.

The public will have an opportunity to weigh in on the EPA proposal before it is finalized. The final rule isn’t expected to go into effect until the spring of 2023.

For now, the Trump-era rule remains in effect.