GOP senators ask EPA to block states that have 'hijacked' rule to stop fossil fuel production

GOP senators ask EPA to block states that have 'hijacked' rule to stop fossil fuel production
© Greg Nash

A group of Republican senators are highlighting concerns that a provision under a key Environmental Protection Agency (EPA) water rule makes it too easy to block fossil fuel projects.

In a Thursday letter lead by Sen. John BarrassoJohn Anthony BarrassoBipartisan senators propose forcing EPA to set drinking water standard for 'forever chemicals' Bipartisan senators propose forcing EPA to set drinking water standard for 'forever chemicals' Trump hails D-Day veterans in Normandy: 'You are the pride of our nation' MORE (Wyo.), the five Republicans asked EPA Administrator Andrew Wheeler to send new guidance regarding a statute in the Clean Water Act, which they fear has been used in the past to restrict the development of natural gas pipelines.

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“In the last few years, a troubling trend directed at fossil energy projects has arisen. A select number of states have hijacked Section 401 to delay or block the development of natural gas pipelines and a coal export terminal. While the focus of these abuses today is fossil energy, the approach could be used to target any type of project that is disfavored politically,” GOP Sens. Barrasso, James InhofeJames (Jim) Mountain InhofeSenate rejects effort to block Trump's Qatar, Bahrain arms sales Senate rejects effort to block Trump's Qatar, Bahrain arms sales Shanahan: 'No concerns' about FBI background check for nomination MORE (Okla.), Shelley Moore CapitoShelley Wellons Moore CapitoBipartisan senators propose forcing EPA to set drinking water standard for 'forever chemicals' Bipartisan senators propose forcing EPA to set drinking water standard for 'forever chemicals' August recess under threat as yearly spending bills pile up MORE (W.Va.), Mike EnziMichael (Mike) Bradley EnziBeware of the 'unknown knowns' of budget reform The Hill's Morning Report - Trump, Biden go toe-to-toe in Iowa The Hill's Morning Report - Trump, Biden go toe-to-toe in Iowa MORE (Wyo.), and Steve DainesSteven (Steve) David DainesTrump throws support behind 'no brainer' measure to ban burning of American flag Trump throws support behind 'no brainer' measure to ban burning of American flag House panel advances bill to create cybersecurity standards for government IT devices MORE (Mont.) wrote in the letter.

Section 401 mandates that any industry that is applying for a federal permit to allow them to put discharges into a water system must also obtain a certification from the state in which the discharge is coming from to ensure they are complying with water quality standards. The rule can affect chemical plants, power plants or other fossil fuel drilling activities that could lead to pollution of a water source.

The lawmakers said the current statute is being used to “fight” fossil fuel projects rather than protect water quality. They did not offer examples of projects that might have been unfairly struck down under the provision.

“Recent obstruction of energy infrastructure projects has directly threatened national security by forcing reliance on foreign energy and increased air emissions. This obstruction has hurt American workers, states, and tribes,” the letter read.

An EPA spokesperson said the agency is reviewing the lawmakers' letter and is currently reviewing options on how best to provide more nationwide consistency and regulatory certainty for permit applicants and stakeholders under the Clean Water Act.

In August, Barrasso introduced the Water Quality Certification Improvement Act of 2018, which aimed to amend the way the water quality certifications were granted legislatively and change provisions under the Federal Water Pollution Control Act. The same four Republican senators are co-sponsors of the bill.