"The Environmental Protection Agency (EPA) on Tuesday released a draft guidance that interprets a Supreme Court decision in a way that may exempt some facilities from needing permits to pollute groundwater.
In April, the court decided that a permit is required for both direct discharges of pollutants into federally-regulated rivers and oceans as well as their “functional equivalent” in groundwater that flows into regulated waters.
The EPA’s new draft guidance, which was first reported by E&E News, says that whether a pollution discharge into groundwater should be considered a “functional equivalent” depends on “what happens to the discharged pollutant over that time and distance traveled” to the regulated body of water."
Source: The Hill, 12/09/2020
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