WGA, along with several associations of state officials, have repeatedly expressed to this Administration and Congress that any legislative or regulatory changes to the Section 401 water quality certification program must preserve states’ vital authority under a system of cooperative federalism.  (Complete list of outreach below.) Western States, charged by Congress to administer Section 401, have unique expertise and insights that can inform federal decisions relating to effective and efficient water quality certification.

WGA and the groups also have provided the EPA and U.S. Army Corps of Engineers with proposed CWA Section 401 Process Improvements that do not compromise or curtail states’ legal authority to protect and manage their water resources.

As such, Western Governors are ready now to begin substantive, meaningful consultation with federal partners on an aggressive timetable.

Additional WGA response to the Executive Order:

Western Governors are eager to work with the Administration to advance efficient environmental review, siting, and permitting processes for energy infrastructure that do not shorten timelines for state input and consultation, or compromise natural resource, wildlife, environmental quality, or cultural values.

The Governors have provided specific priorities for advancing these processes in the Energy Vision for the West and provided recommendations to increase efficiencies in energy infrastructure permitting through the review of the West-wide energy corridors (Letters of Sept. 26, 2018 and Nov. 21, 2017).

Many Western states have inspection and enforcement responsibilities for Liquified Natural Gas (LNG) facilities and railroad transport. Western Governors look forward to discussing any regulatory changes or reports on these and other issues with the Department of Transportation.

WGA has sent the following letters to the Administration and Congresses on this matter:

WGA outreach on Section 401 of the Clean Water Act:

• June 4, 2018 Letter to Congressional leadership;
• July 16, 2018 Letter to the Senate Committee on Appropriations, Subcommittee on Energy and Water Development;
• Aug. 9, 2018 Letter to Congressional leadership (co-signed by ten associations of state officials);
• Dec. 3, 2018 Letter to EPA Office of Water (co-signed by ten associations of state officials);
• Jan. 31, 2019 Governors’ Letter to the White House regarding potential Executive Order addressing state authority under CWA Section 401; and
• Feb. 20, 2019 Letter to EPA and U.S. Army Corps of Engineers sharing CWA Section 401 Process Improvements (co-signed by six associations of state officials).
• March 25, 2019 Letter to EPA Administrator Andrew Wheeler.