The NWPS are an important part of the regulatory system and enable efficient and effective regulatory review of construction and development activities that have a minimal individual and cumulative adverse environmental impacts. NWPS are permits used by the U.S. Army Corps of Engineers (USACE) to permit a wide range of activities that, upon incorporation of identified conditions and mitigation measures, have been determined to result in minimal adverse effects to the environment. NWPS
are useful for project applicants and states because they streamline the permitting processes necessary for approval. However, the states have several concerns, such as the water quality certification process, removal of the 300 linear foot limit for loss of stream bed and pre-construction notice requirements (PCN) with the changes outlined in the proposal and offer the
following comments.
Documents
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EPA Governors Letter on WOTUS Meetings
A letter from EPA informing Governors of the opportunity for engagement meetings on the revised Waters of the U.S. proposal.
Clean Water Act Section 401 Final Rule Powerpoint (June 2020)
An EPA presentation on the changes to Section 401 of the Clean Water Act.
Request for Comment on Clean Water Act Sec. 404 & ESA Consultations
EPA is seeking comment on whether the Agency should reconsider its current position that consultation under ESA Section 7(a)(2) is not required when the EPA approves a State or Tribe’s request to assume the Section 404 dredged and fill permit program under Section 404(h) of the Clean Water Act (CWA).
ACWA Redline Comparison between 2020 Navigable Waters Protection Rule and 2019 Proposed Rule Redefining WOTUS
ACWA used Microsoft Word redlines to compared the 2019 Proposed Rule Redefining “Waters of the United States” to the 2020 final rule defining “Waters of the United States”, known as the Navigable Waters Protection Rule.
Pre-Publication Version: Updating Regulations on Water Quality
EPA is publishing for public comment a proposed rule providing updates and clarifications to the substantive and procedural requirements for water quality certification under the CWA sec. 401. EPA will accept comments for 60 days from the date of publication in the Federal Register.
303(d) and TMDLs: State of the States
In late 2018, ACWA Watershed’s Committee Co-Chairs Jeff Berckes and Traci Iott, along with ACWA staffer Julian Gonzalez, conducted interviews with state representatives covering a wide range of topics on the 303(d) / TMDL program. The results of those interviews were compiled and combined into the report below.
EPA/USACE Proposed Mitigation Rule Revisions Presentation
A briefing presentation from the EPA and the Army Corps on upcoming plans to revise the Compensatory Mitigation for Losses of Aquatic Resources” (Mitigation Rule) (40 CFR Part 230, Subpart J and 33 CFR Part 332).
ACWA Comment Letter – Pre-proposal Recommendations for Clarification of Provisions within Clean Water Act Section 401 and Related Federal Regulations and Guidance
This ACWA comment letter was submitted on May 24, 2019 and was responsive to EPA’s Pre-proposal Recommendations for Clarification of Provisions within Clean Water Act Section 401 and Related Federal Regulations and Guidance.
WOTUS Discussion Questions for State Outreach Sessions
Discussion questions provided by EPA and the Army Corps of Engineers during state WOTUS outreach sessions.
Sec. 401 Process Improvements
States are the primary authority for allocating, administering, protecting, and developing water resources, and they are primarily responsible for water supply planning within their boundaries. States have the ultimate say in the management of their water resources and are best suited to speak to the unique nature of western water law and hydrology. Under the Clean Water Act (CWA), Congress deliberately preserved states’ authority to manage and protect their water resources by establishing a system of cooperative federalism through which states serve as co-regulators for the implementation and enforcement of federal statutory programs. CWA Section 401 represents a critical state authority which protect states’ authority over water resources and ensures that states have a meaningful role in the certification of federal permits and licenses for projects that may affect water quality in a state.The CWA Section 401 Process Improvements have been developed in collaboration with associations of state officials and are intended to identify possible reforms to the water quality certification program that do not compromise or curtail states’ well-established legal authority to manage and protect their water resources. As states are co-regulators with the federal government in administering the CWA, it is critical that states be afforded early, meaningful, substantive, and ongoing consultation in the development of any changes to the Section 401 program or to the balance of state and federal authority under the statute.
ACWA, ECOS & ASWM Waters Assumable by States/Tribes under §404
ACWA, ECOS and ASWM sent a letter to Administrator Pruitt expressing our appreciation for the support of the U.S. Environmental Protection Agency (EPA) provided in responding to our joint request that the agency actively engage in a discussion clarifying those waters that are subject to assumption by interested states, and those waters that should be retained… Read More »
