Thank you for your February 20, 2019 letter regarding Clean Water Act (CWA) Section 401 and your thoughtful list of potential process reforms.
ACWA and ASDWA’s comment letter on EPA’s Development of a Draft Water Reuse Action Plan – [Docket No. EPA-HQ-OW2019-0174]
ACWA comment letter submitted April 15, 2019, regarding the US EPA and US ACE proposed rule redefining Waters of the US.
ECOS, ACWA, and ASDWA, and ASTSWMO, shared comments on the EPA PFAS Action Plan with Administrator Wheeler outlining their concerns with the Action Plan.
ACWA-ECOS joint letter in support of the Clean Water SRF submitted to House Transportation and Infrastructure Subcommittee on Water Resources and the Environment
In this comment letter submitted to EPA and USACE through regulations.gov, ACWA, ECOS, ASWM, and AFWA request a 60-day extension of the existing 60 day comment period for the proposed rule redefining Waters of the United States.
We encourage EPA to consider these issues during the rulemaking process, as well as the following: 1) additional uncertainty about assumable waters in response to ongoing Water of the United States proposed rulemaking; 2) limited state and tribal experience with assumption for other states and tribes to build on; 3) the possibility of allowing partial assumption; and 4) the impact of assumption on consistency with federal statutes such as the Endangered Species Act, National Historical Preservation Act, etc., considerations. Most importantly, we strongly encourage EPA to continue an engaged stakeholder process with states and tribes.
ACWA joined a broad coalition of organizations in urging Congress to provide funding for water, wastewater, stormwater and reuse infrastructure projects in any infrastructure funding packages considered during the 116th Congress.
We urge you to reject any changes to agency rules, guidance, and/or policy that may diminish, impair, or subordinate states’ well-established sovereign and statutory authorities to protect water quality within their boundaries. Any regulatory action related to states’ CWA Section 401 authority raises significant federalism concerns, and therefore, we request that EPA engage in meaningful and substantive consultation with state officials before the commencement of such action.
With the adoption of the CWA, Congress purposefully designated states as co-regulators under a system of cooperative federalism that recognizes state authority over the allocation, administration, protection, and development of water resources. Section 101 of the CWA clearly expresses Congress’s intent to:
…recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter.
This declaration demonstrates Congress’s understanding that a one-size-fits-all approach to water management and protection does not accommodate the practical realities of geographic and hydrologic diversity among states.