ISSUE 1118
EPA
PROPOSED RULE: POLLUTION PERMITS NOT NEEDED FOR WATER TRANSFERS The
Environmental Protection Agency (EPA) proposed a rule Thursday (June 1) stating
that permits under the Clean Water Act’s National Pollution Discharge Elimination
System (NPDES) program would not be required for transfers of water from one body
of water to another. These
transfers, which include routing water through channels, pipes, or other conveyance
features, are commonly used to facilitate public supply, irrigation, restoration,
and flood control. Whether a permit is needed under the NPDES has been the subject
of recent legal challenges. In 2004, FFVA joined the South Florida Water Management
District in a lawsuit with the Miccosukee Tribe of Indians that ultimately reached
the U.S. Supreme Court. “This
rule is beneficial because it will clarify that resource management agencies should
regulate water transfers rather than EPA,” FFVA Regulatory Affairs Manager
Alan Peirce said. Ernie
Barnett, Director of Policy and Legislation for the South Florida Water Management
District was pleased to see the proposed rule, and said “the rule substantiates
the districts interpretation of the Clean Water Act.” EPA
will accept comments on the proposed rule for 45 days after publication in the
Federal Register. Click
here for more details. ALSO IN THIS WEEK'S RAP-UP (Members-Only articles are indicated in bold.) |
