U.S. Chamber Pre-proposal Recommendations to EPA on Clean Water Act Section 401 Water Quality Certification

May 28, 2019

Dear Administrator Wheeler:

The Global Energy Institute, an affiliate of the U.S. Chamber of Commerce, is writing in support of the President’s April 10, 2019, Executive Order directing the Environmental Protection Agency’s (EPA) to provide clarity, regulatory predictability, and certainty to the Clean Water Act Section 401 (CWA 401) permitting process. We are pleased that EPA is taking on this important task.

We respect that Congress designed the CWA 401 permit process to reflect their commitment to the concept of cooperative federalism and the balance between federal and state authorities. Through this model, the Clean Water Act fostered a partnership between state and federal governments and made sure the protection of water quality was a shared responsibility.