Advocacy comments on EPA’s proposed Clean Water Act Water Quality Certification Improvement Rule
On June 9, 2022, the Environmental Protection Agency (EPA) published a notice of proposed rulemaking on the Water Quality Certification Improvement Rule under the Clean Water Act. The Office of Advocacy (Advocacy) believes the proposed rule has been improperly certified under the Regulatory Flexibility Act (RFA). Advocacy further believes that project proponents should not be required to submit draft Federal permits and licenses to the Certifying Authority (as defined below). Requiring project proponents to submit draft Federal permits and licenses that are not readily available or accessible imposes an unnecessary burden on small entities.