It’s really important that the state and the federal government work together in those instances to have a schedule that makes sense and can be protective.”

Katrina Kessler

REGIONAL— The state’s Pollution Control Agency is voicing opposition to a proposal by the Trump administration that state officials believe could weaken their ability to regulate some major development projects, including mines and pipelines.
The Trump administration’s Environmental Protection Agency is proposing sweeping changes to what’s known as Section 401 of the federal Clean Water Act in order to significantly speed up the approval timelines for major projects. Under the proposed changes, permitting decisions would have to be approved within 12 months, even on major projects.
Section 401 certification is a part of the federal Clean Water Act that allows states to have a role in ensuring that projects within their borders will meet state water quality standards as well as federal. “In some cases, Minnesota’s water quality standards are more stringent than federal standards, so it’s critical that we have input on federal permitting that affects Minnesota waters,” said Katrina Kessler, MPCA Assistant Commissioner.
The EPA is now proposing sweeping changes to 401 certification. “Some of the provisions that are proposed would significantly undermine the state’s ability to [protect] water quality within the state,” says Kessler.  
Because the timeline proposed in the change is so compressed, Kessler said states could be forced to make permitting determinations on projects even before environmental reviews are completed.
“EPA’s proposed change would require a state to make a decision within a very short timeline that may not align well with state’s needs,” said Kessler.
Kessler said the agency is also concerned that the changes would eliminate the state’s ability to consider other factors, like public health concerns or rules set by the Department of Health, in considering project permitting. The Trump administration would limit the permitting analysis solely to questions of water quality.
The American Petroleum Institute has lauded the changes, calling it a “well-defined timeline and review process.”
The MPCA is concerned that the proposed changes “really undermine the state’s ability to be in the driver’s seat and be the leader in terms of protecting local resources,” Kessler said. “These major projects sometimes take more time. It’s really important that the state and the federal government work together in those instances to have a schedule that makes sense and can be protective.”