EPA Clarifies Authority For Numeric Conductivity Limit In Mining Guidance

摘要

EPA is seeking to clarify the agency's position on its Clean Water Act (CWA) authority to include in its mountaintop mining guidance a controversial numeric limit for conductivity as a means of translating state narrative water quality standards after an appellate judge appeared to zero in on the issue during recent arguments on the guidance. In a recent filing to the U.S. Court of Appeals for the District of Columbia Circuit suit, National Mining Association v. Gina McCarthy, the Justice Department's (DOJ) Matthew Littleton, representing EPA, writes to "clarify" the administration's position that, under the CWA, any National Pollutant Discharge Elimination System (NPDES) permitting agency must impose effluent limits that "ensure compliance with existing State narrative water quality standards."