An EPA presentation on the changes to Section 401 of the Clean Water Act.
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 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.
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.
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).
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
Discussion questions provided by EPA and the Army Corps of Engineers during state WOTUS outreach sessions.
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 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 »
The US District Court for the Southern District of WV held that WV’s failure to develop a TMDL for state waters with high conductivity requires EPA to either approve or disapprove WVDEP’s apparent intention to not develop conductivity TMDLs.
A summary of proceedings pertaining to WoUS definitions.
ACWA provides a summary of key EPA water regulations, guidance and policy documents with key dates and outcomes.