President Donald J. Trump signed a one-year exemption from most water-pollution rules for specified federal wildfire firefighting, while leaving two statutory requirements in force and directing the Agriculture secretary to publish the determination.
Signed Nov. 10, the memorandum covers firefighting activities by the United States Forest Service, the Department of the Interior and other executive departments and agencies, along with their contractors. It includes aerial use, deployment and release of fire retardants. The exemption runs through Nov. 10, 2027.
The determination exempts the covered operations from water-pollution requirements and enforcement processes at federal, state, interstate and local levels. Requirements under Sections 306 and 307 of the Federal Water Pollution Control Act remain in force.
Trump invoked Section 313 of the act as the determination’s authority. The memorandum does not decide whether permits would otherwise be required for the covered activities, and other laws governing agency firefighting remain applicable.
The memorandum assigns publication of the determination in the Federal Register to the Agriculture secretary.
