INGAA Comments to EPA and U.S. Army Corps of Engineers� Draft Guidance on Identifying Waters Protected by the Clean Water Act (�Draft Guidance�)

Due to the linear nature of interstate natural gas pipelines, INGAA’s members have extensive experience with and interest in the process for obtaining Clean Water Act (“CWA”) permits and, in particular, Section 404 permits. While the Draft Guidance is focused on the substantive issue of defining “waters of the United States” subject to CWA jurisdiction, it has the potential to negatively impact Section 404 permitting both substantively and procedurally.

Substantively, the Draft Guidance significantly and improperly expands EPA’s and the Corps’ CWA jurisdiction with a cumbersome and difficult-to-implement definition that will increase the costs, timing, and administrative burden of Section 404 permitting with little conservation benefit.