EPA warns that ending state wetlands program could endanger stimulus projects

The U.S. Environmental Protection Agency is concerned that Michigan’s inability to maintain its wetland permitting program could have negative impact on water resources, create confusion, and compromise federal stimulus projects that require permits, EPA Acting Regional Administrator Bharat Mathur wrote in a Sept. 3 letter to Michigan Dept. of Environmental Quality Director Stephen Chester.

If the state is unable to pass a budget that includes funding for the program by Oct. 1, responsibility for issuing wetland permits will be transferred to the U.S. Army Corps of Engineers.

Mathur warns:

“Transfer of authority to the federal government can be a lengthy and complex process involving numerous administrative actions. The process would be further complicated by the need for the COE to obtain authorizations for funding and staffing increases to effectively manage the program. This process can take several months to complete and is likely to result in delay, uncertainty, and confusion in responding to applications for section 404 permits in the State of Michigan. Until the transfer process is completed, the regulated public will not be able to obtain authorization to undertake any activities regulated under Section 404 of the Clean Water Act. Persons undertaking regulated activities without authorization are subject to fines, penalties or other sanctions under the Clean Water Act. I know we share a mutual interest in ensuring that important State projects such as projects funded by the American Recovery and Reinvestment Act (ARRA) e.g., highway projects, as well as infrastructure projects funded under the Clean Water Act and Safe Drinking Water Act State Revolving Funds (including the additional ARRA funds which have a shorter window for expenditure) are not subject to avoidable delays associated with the inability to receive timely section 404 permitting decisions.