Reading Room Document

Federal Water Pollution Control Act Aquaculture Project Permit

In this memo, the OLC concluded that the EPA could not delegate to the states its authority to grant permits in connection with aquaculture projects, per section 318 of the Federal Water Pollution Control Act. Although the statute aimed to place pollution-reduction in the hands of the states and lacked an explicit prohibition on delegation, the OLC considered the statute as a whole and its purpose––to prohibit the overall discharge of pollutants––as understood through legislative history. In light of that purpose, and other provisions delineating federal and state authorities, the OLC concluded that the EPA’s authority to permit aquaculture projects constitutes a limited exception to the overall rule that must be carefully controlled. As such, it advised that the EPA’s authority may not be delegated to the states.

February 13, 1974