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 BarrassoOvernight Energy: Gillibrand offers bill to ban pesticide from school lunches | Interior secretary met tribal lawyer tied to Zinke casino dispute | Critics say EPA rule could reintroduce asbestos use GOP senator issues stark warning to Republicans on health care Judd Gregg: In praise of Mike Enzi 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 Inhofe Embattled senators fill coffers ahead of 2020 Overnight Defense: Senators show skepticism over Space Force | Navy drops charges against officers in deadly collision | Trump taps next Navy chief Senators show deep skepticism on Space Force proposal MORE (Okla.), Shelley Moore CapitoShelley Wellons Moore Capito20 Dems demand no more money for ICE agents, Trump wall We can accelerate a cure for Alzheimer's Gillibrand, Grassley reintroduce campus sexual assault bill MORE (W.Va.), Mike EnziMichael (Mike) Bradley Enzi Embattled senators fill coffers ahead of 2020 The Hill's Morning Report - Trump cleaning house on border security Judd Gregg: In praise of Mike Enzi MORE (Wyo.), and Steve DainesSteven (Steve) David Daines Embattled senators fill coffers ahead of 2020 Main Street businesses need permanent tax relief to grow Overnight Energy: Bernhardt confirmed as Interior chief | Dems probing if EPA officials broke ethics rules | Senators offer bipartisan carbon capture bill 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.