Thank you for your February 20, 2019 letter regarding Clean Water Act (CWA) Section 401 and your thoughtful list of potential process reforms.
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).
AWWA, NACWA and WEF developed recommendations for the EPA on a new methodology and guideline for assessing household affordability and community financial capability to replace its current guidance document: Combined Sewer Overflows – Guidance for Financial Capability Assessment and Schedule Development (EPA, 1997). This effort was prepared in anticipation of the EPA updating its financial capability assessment (FCA) guidelines after the 2017 National Academy of Public Administration (NAPA) Developing a New Framework for Community Affordability of Clean Water Services (NAPA Report).
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
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