EPA Eyes Criminal Enforcement Standard Change For State CWA Programs

摘要

EPA is proposing to change requirements for the type of negligence standard states must use for criminal enforcement of delegated Clean Water Act (CWA) programs, following an unpublished appeals court decision earlier this year that faulted the agency for its approach to the issue when delegating discharge permitting to Idaho. The proposal, published in the Dec. 14 Federal Register, would clarify that states and tribes that are authorized to, or that seek authorization to, administer the CWA Section 402 National Pollutant Discharge Elimination System (NDPES) permitting program and/or the CWA Section 404 dredge-and-fill permitting program are not required to establish the same negligence standard that the water law establishes for federal criminal enforcement actions.