🌊WOTUS Regulation Changes and Business Compliance Implications
The U.S. Environmental Protection Agency (EPA) and the Department of the Army intend to engage with State and Tribal co- regulators; industry and agricultural stakeholders; environmental and conservation stakeholders; and the public on certain key topics related to the implementation of the definition of "waters of the United States" in light of the Supreme Court's 2023 decision in Sackett v. Environmental Protection Agency. The agencies are committed to learning from the past regulatory approaches--the pre-2015 regulations and guidance, the 2015 Clean Water Rule, the 2020 Navigable Waters Protection Rule, the 2023 Rule, and the Amended 2023 Rule--while engaging with stakeholders before taking further administrative action to provide any additional clarification to agency staff, co-regulators, and the public on specific aspects of the definition of "waters of the United States." This notice includes an announcement of forthcoming listening sessions on specific key topic areas to hear interested stakeholders' perspectives on defining "waters of the United States" consistent with the Supreme Court's interpretation of the scope of Clean Water Act jurisdiction and how to implement that interpretation as the agencies consider next steps. The agencies are also accepting written recommendations from members of the public via a recommendations docket. These opportunities are intended to provide for broad, transparent engagement with a full spectrum of stakeholders.
Learn More💧Notice of Water Quality Certification for PE Hydro Generation
This regulatory notice pertains to PE Hydro Generation, LLC's request for a Clean Water Act section 401 water quality certification. The Federal Energy Regulatory Commission notifies Virginia DEQ of the certification request made by PE Hydro and outlines the period for action, emphasizing that a lack of response may lead to deemed approval.
Learn More💧EPA Order Denies Petition on Water Treatment Compliance Penalty
Pursuant to the Clean Water Act, the U.S. Environmental Protection Agency (EPA) hereby provides notice to the public of the denial of the Petition to Set Aside Consent Agreement and Proposed Final Order filed in the matter styled as In the Matter of Frederick- Winchester Service Authority, and Frederick County Sanitation Authority, d/b/a Frederick Water, Docket No. CWA-03-2024-0036, along with the reasons for such denial.
Learn More💧Indiana Michigan Power Company Water Quality Certification Notice
The Department of Energy issued a notice regarding Indiana Michigan Power Company's application for a Clean Water Act section 401 water quality certification. The Michigan Department of Environment has until February 25, 2026, to act on the request, otherwise the certification authority is automatically waived, according to federal regulations.
Learn More🌊Business Implications of Clean Water Act Section 404 Information Collection
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Clean Water Act Section 404 State-Assumed Programs (OMB Control Number 2040-0168; EPA ICR Number 0220.18) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through February 28, 2025. Public comments were previously requested via the Federal Register on August 14, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
Learn More💧Notice on Water Quality Certification for Seattle City Light Projects
The Department of Energy, in coordination with the Federal Energy Regulatory Commission, has issued a notice regarding the water quality certification application from Seattle City Light. The notice stipulates a one-year period for the Washington State Department of Ecology to act on the certification request, which could significantly impact project approvals under the Clean Water Act.
Learn More💧Water Quality Certification Notice for Pacific Gas and Electric Company
The Department of Energy provides notice regarding Pacific Gas and Electric Company's request for a water quality certification under the Clean Water Act. The California State Water Resources Control Board is required to act within one year on this request, with implications for compliance and potential project advancement in California.
Learn More💧Notice of Water Quality Certification Request for Ampersand Gilman Hydro
The Department of Energy issued a notice regarding a Clean Water Act section 401(a)(1) water quality certification request from Ampersand Gilman Hydro, LP. The Vermont DEC has one year to act on this request, or the certification is deemed waived, affecting the future of the associated energy project.
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