ACWA-ECOS joint letter in support of the Clean Water SRF submitted to House Transportation and Infrastructure Subcommittee on Water Resources and the Environment
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.
A chart of EPA’s budget including the FY 2019 omnibus bill
“This report highlights key steps we have taken to achieve this goal and to protect the environment and public health. In 2018, we have been particularly focused on providing greater certainty to the American public: certainty in our EPA programs; certainty to the states, tribes, and local governments; and certainty on how we communicate risk. The American public have a right to know the truth about the risks they face in their daily lives and how we are responding. It is our responsibility to explain it to them clearly and consistently.”
This Excel chart compares the Trump Administration’s proposed rule “Redefinition of Waters of the United States”, the 2015 Obama Administration rule defining Waters of the United States, and the regulatory definitions which existed before that. The chart provides brief information on how each defined various features/bodies of water, and where in the proposed redefinition of… Read More »
This document compiles questions asked by EPA in the proposed rule redefining Waters of the United States. In the proposed rule, EPA poses the questions after each section which discusses various definitions, terms, concepts, etc. The purpose of this document is to provide an easy-to-reference list of those questions for ACWA members and their states… Read More »
The following memorandum provides a brief overview of key elements within the proposed rulemaking, Revised Definition of “Waters of the United States”. The summary is based on the pre-publication version of the proposed rule. This summary is meant to assist ACWA’s Membership in their review of the proposed rule as they prepare comments and provide… Read More »
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.
The Vessel Incidental Discharge Act (VIDA) passed the senate as a part of the Coast Guard Reauthorization Act. Under VIDA, the EPA and Coast Guard must work together to develop and implement ballast water and incidental discharge standards. The goal of this act is to have a more consistent national regulatory system for ballast water… Read More »
EPA’s Regional Realignment Plan. establish a standard organizational structure for its regional offices that is intended to: • Increase coordination between EPA National Programs and their regional counterparts as we work to meet our strategic goals and objectives; • Improve the consistent implementation of EPA regulations and policies; • Allow for better resource allocation to… Read More »