De Minimis Antidegradation Provision In Idaho Water Rules Rejected by EPA

摘要

The Environmental Protection Agency has reversed an earlier action and disapproved Idaho's de mini-mis antidegradation provision under the Clean Water Act, which allows the state to exempt from review small pollution increases in certain high-quality waters (Greater Yellowstone Coal v. EPA, D. Idaho, No. 12-60, notice of action 7/24/13). The agency's disapproval means that the de minimis provision is no longer in effect, although the state could decide to modify it, subject to EPA approval. The agency informed the U.S. District Court for the District of Idaho in a July 24 notice of action that it plans to either require the state to delete or revise the provision or it will do so itself.