Dems question Pruitt over centralizing water pollution authority

A pair of Democratic lawmakers is questioning Environmental Protection Agency (EPA) Administrator Scott Pruitt about a memo that gave him new authority to make certain determinations over water pollution standards.

The March memo took away the authority of regional EPA officials to make some calls as to whether a particular body of water can be federally controlled under the Clean Water Act, and gave that authority to Pruitt.

Sen. Tom Carper (D-Del.) and Rep. Peter DeFazio (D-Ore.) said in their Tuesday letter that the memo calls into question Pruitt’s “commitment, as EPA Administrator, to follow the law … as well as to ensure that Clean Water Act decisions are based on established science and precedent, and conducted in a transparent manner.”

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They accused him of “sidelining” local expertise and said that Pruitt actions “appear nothing more than a power grab to consolidate absolute authority in your personal offices, with no assurance that you will follow the rule of law, science, or the precedents of the agency in exercising your statutory responsibility under the Clean Water Act to ‘restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.’”

The lawmakers, each the top Democrat on the Senate and House committees that oversee the EPA’s enforcement of the Clean Water Act, asked Pruitt for a wide range of documents and explanations related to the memo.

The March memo came as the EPA is working to repeal an Obama administration regulation that expanded the federal government’s authority over waterways under the Clean Water Act. The Trump administration is also working on a new definition of federal authority that is less extensive and more industry-friendly.

The EPA defended the memo at the time, saying it doesn’t shut out regional officials.

“This memo explains that jurisdictional determinations that raise significant issues or technical difficulties should be handled in a consistent and uniform manner, particularly during the [Waters of the United States] rulemaking,” EPA spokeswoman Liz Bowman said.

“Regions will absolutely be involved in the process and work closely with the Administrator’s office when doing the work to assess jurisdiction for very select, and often rare, cases.”