Dec 23, 2020
The USDA Forest Service seeks public input on two proposed directives that would address safety and reliability for powerline operations on national forests and grasslands.
The proposed directives:
Operating Plans and Agreements for Powerline Facilities - This proposed directive would add Chapter 80 to Forest Service Handbook 2709.11 to provide guidance on vegetation management, routine maintenance, and inspection of powerlines within and adjacent to their authorized rights-of-way on national forests and grasslands. These activities include removing trees that pose a hazard inside and outside powerline rights-of-way. The proposed directive would provide guidance to Forest Service staff when working with electric utilities to develop comprehensive operating plans or agreements that cover system reliability and fire mitigation activities while minimizing impacts on natural resources. The proposed directive would implement section 512 of the Federal Land Policy and Manag
The United States Environmental Protection Agency (“EPA”) is proposing in a December 14th Federal Register Notice a regulation to “clarify” certain requirements for state or tribal programs approved pursuant to Clean Water Act Sections 402 and 404. See 85 Fed. Reg. 80713.
EPA states that the state and tribal programs are not required to include the same criminal standard that is applicable to the federal agency under Section 309 of the Clean Water Act.
Like most federal environmental statutes, the Clean Water Act provides that states and tribes can obtain delegation to implement through permitting and enforcement the program. The Section 402 and 404 programs may each be delegated to a state or tribe if they meet certain requirements. For example, states and tribes seeking approval for a permitting program under Sections 402 or 404 must have adequate authority: