Washington Waves: Waterway News From D.C.
The Environmental Protection Agency (EPA) has announced a proposed rule on Clean Water Act (CWA) Section 401 to streamline permitting, unleash economic growth and protect the nation’s waterways.
“Today’s proposal restores the Clean Water Act to its intended purpose, protecting America’s water quality and ending the weaponization of the law that has been obstructing infrastructure and energy projects vital to our nation’s economy,” EPA Administrator Lee Zeldin said. “By returning Section 401 to its clear statutory boundaries, we’re strengthening the role of state and tribal partners while ensuring environmental protections are implemented lawfully, efficiently and consistent with congressional intent.”
According to the EPA, the proposed rule also would correct a fundamentally flawed 2023 Biden-era rule that allowed protracted certification timelines inconsistent with the CWA.
The EPA’s proposed rule drew praise from key Republican lawmakers.
“The EPA’s new rule aligns with my longstanding legislative efforts to update the Section 401 certification process to streamline infrastructure development,” said Sen. Shelley Moore Capito (R-W.Va.), who chairs the Senate Environment and Public Works Committee.
Rep. Sam Graves (R-Mo.), chairman of the House Transportation and Infrastructure Committee, said his panel is pursuing the same goal through the PERMIT Act, which passed the House in December.
A key Democrat criticized the proposal, however.
Rep. Rick Larsen (D-Wash.), ranking member of the House Committee on Transportation and Infrastructure, saw the proposal as an attack on states’ authority to protect their own waters.
“For over 50 years, the Clean Water Act ensured states’ ability to protect their own waters, and I’m disappointed that the Trump administration and EPA are now proposing to reverse course,” Larsen said. “Under the proposal, states would lose the power to stop polluter-friendly projects and protect public health.”
Following the proposed rule’s publication in the Federal Register, the EPA said it will open a 30-day public comment period. The agency’s goal is to develop a final rule in the spring.
WOTUS Definition
Moore Capito, chair of the Senate Environment and Public Works Committee, led her fellow Republicans on a letter commending the Trump administration’s proposed rule to revise the definition of “waters of the United States” (WOTUS).
“We applaud the proposal to revise the definition of ‘waters of the United States’ issued by the Environmental Protection Agency and the Army Corps of Engineers,” the letter stated. “The agencies’ proposed rule would establish a clearer definition of jurisdictional waters subject to the Clean Water Act that complies with the legal boundaries articulated by the Supreme Court, right-size federal and state jurisdiction over waters consistent with the CWA and protect our nation’s waters.”
The senators encouraged the agencies to incorporate feedback from comments they have received to further improve the rule to provide regulatory certainty, support cooperative federalism and follow the statutory text and the Supreme Court’s ruling.
The Department of Transportation (DOT) issued a Request for Information (RFI) on a five-year research and development strategic plan to guide the agency’s future activities.
“We welcome the views of the transportation research community on the Department’s research vision, strategic goals and priorities and how our research programs can advance the transportation system of the present and future,” stated DOT’s Office of the Assistant Secretary for Research and Technology.
Primary purposes of transportation research include improving mobility of people and goods, promoting safety, preserving the environment and preserving the existing transportation system.
Comments are due by February 12.
Respondents are encouraged to submit comments electronically at www.regulations.gov under Docket No. DOT-OST-2025-2085.
They also may be submitted via email at rdtplan@dot.gov and mail at U.S. Department of Transportation, Docket Operations, West Building 5th Floor, Room W58-213, 1200 New Jersey Ave. SE, Washington, DC 20590.
For additional information, contact Gina Filosa at 617-494-3452 or rdtplan@dot.gov.
MSC Lighting Standards
The Marine Safety Center stated it has expanded the range of lighting standards that will be accepted on small passenger vessels to address a federal regulation that requires compliance with outdated standards no longer maintained.
Changes include: UL 924 fixtures may be used in interior emergency lighting, any fixtures that are generally appropriate for their intended use may be used in interior non-emergency lighting, and EN 14744 and ABYC C-5 navigation lights may be used (see CG-ENG Policy Letter 01-25).
The new guidance is included in the “Lighting” section of Plan Review Guide E2-23.
According to the center, the changes give the U.S. small passenger vessel fleet more design flexibility and reduce the overall cost of compliance.
For additional information, contact msc@uscg.mil.
Committee Meeting
The Western Water Cooperative Committee is scheduled to meet February 5 in an online virtual session. Open to the public, the two-hour meeting is to begin at 2 p.m. EDT.
Information on the session is available at the committee’s website: www.usace.army.mil/Missions/Civil-Works/Project-Planning/Legislative-Links/WRDA-2022/Western-Water-Cooperative-Committee.
Comments or requests to speak at the meeting should be submitted in writing to Sean Smith, ATTN: CEEC, 441 G St. NW, Washington, DC 20314-1000 or by email at WWCC@usace.army.mil.
For additional information, contact Sean Smith at 202-761-0301 or WWCC@usace.army.mil.
