"EPA says it can issue federal permits for projects, including pipelines, regardless of whether states raise questions about impacts to climate change or air pollution.
Section 401 of the Clean Water Act gives states the right to "certify" that projects requiring federal permits comply with both the act and their water quality standards. That means projects being permitted federally by EPA, the Army Corps of Engineers or the Federal Energy Regulatory Commission also must be approved, denied or approved with conditions by states.
In recent years, New York and Washington have used this certification process to deny permits for pipelines and coal terminals not just due to water quality concerns, but also because of their contribution to air pollution and climate change.
Guidance issued today by EPA seeks to limit that practice. The guidance is meant as a stand-in while EPA works on formal regulations."
