New York and eight other states filed a challenge against EPA’s COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program policy, arguing the policy exceeds the agency’s authority and skirts statutory mandates to enforce environmental laws.The lawsuit challenges EPA’s March 26 guidance stating that the agency would exercise enforcement discretion if companies are unable to report or monitor pollution releases because the pandemic has disrupted their operations. The policy applies retroactively to March 13 and includes no end date.
Released in pre-publication form by the Environmental Protection Agency and the Army Corps of Engineers on January 23, 2020, the Navigable Waters Protection Act: Waters of the United States Definition provided the agencies’ final rule defining “waters of the United States” in the Clean Water Act.
The week of September 17, 2019, ACWA hosted the 2019 National NPDES Permit Writers Workshop in Washington, DC. In total, 125 people participated at this meeting with representatives from 41 states, 7 EPA regions, ACWA staff and EPA Headquarters. We also had 100+ people participate in this meeting remotely. Topics for this meeting included permit… Read More »
ACWA’s comment letter to EPA requesting that the Agency engage in meaningful collaboration with states on EPA’s Interpretive Statement on Application of CWA NPDES Programs to Releases of Pollutants from a Point Source to Groundwater.
The template describes the overall purpose of the real-time review, and standards the EPA considers during the review. It describes the State-EPA agreed processes for selecting permits to review; timelines for review; tracking mechanisms for review progress; and process of dispute resolution. A list of acronyms is also provided.
The workshop focused on the relationship between permitting for nutrients and TMDLs. Representatives from 27 states attended along with representatives from EPA Headquarters and 5 Regions. Topics included breaking down barriers between TMDL and permitting programs, CAFOs and MS4s, reassessing and reevaluating TMDLs, politics and public perceptions of TMDLs and permits, small systems, variances and… Read More »
The August 31, 2018 Federal Register Notice indicates EPA is requesting input on “possible approaches to updating the National Pollutant Discharge Elimination System (NPDES) regulations related to the management of peak wet weather flows at Publicly Owned Treatment Works (POTWs) treatment plants serving separate sanitary sewer collection systems.” While states have historically expressed a diversity… Read More »
Presentations for the 2018 National CAFO Roundtable.
This week ECOS shared with state media associations version 1.0 of a report titled A Framework of Sample Metrics for Evaluating the Efficiency and Effectiveness of Environmental Permitting Systems. This report was developed at the direction of the E-Enterprise Leadership Council to “provide useful information for project teams that are seeking to improve the processes… Read More »
The President has proposed a $200 billion initiative to stimulate at least $1.5 trillion in new infrastructure investment. While much of the public and congressional interest regarding the Administration’s Infrastructure Initiative has been focused on the legislative principles, the Administration is also addressing infrastructure delivery through a range of policy and regulatory changes. One of the top priorities of the Administration is to rebuild and modernize the Nation’s infrastructure. The Administration’s goal is to seek and secure long-term reforms on how infrastructure projects are regulated, funded, delivered, and maintained. By streamlining project delivery and removing barriers, the Administration hopes to incentivize and expedite the delivery of our Nation’s infrastructure.
This letter encourages USACE to consult with the states as they consider any changes to section 401 authority under the CWA.