The states offer the following high-level recommendations to guide the agencies’ process of revising the definition of “waters of the United States” (hereinafter “WOTUS”),: (1) respect the role of the states as co-regulators and provide early, continuous, and meaningful opportunities for dialogue and input as any new rule is developed; (2) respect and follow the science; (3) recognize the geographic, geologic, climatic, hydrologic and leadership diversity among states and craft a definition that provides clarity but also flexibility for state implementers; (4) prepare to provide the states, well in advance, with technical assistance, tools and trainings to assist with implementation of any revised definition; and (5) include a delayed effective date to give state partners ample time to revise state regulations and/or to develop new state policy to cover any changes in coverage as a result of the revised jurisdictional definition.
Comments on the agency’s efforts to review and revise the sec. 401 water quality certification rule and encourage the agency to engage in robust coordination with the states through organizations… Read More »
A letter from EPA informing Governors of the opportunity for engagement meetings on the revised Waters of the U.S. proposal.
The EPA and Army Corps of Engineers published the final Navigable Waters Protection Rule in the Federal Register on April 21, 2020. The final rule defines the scope of waters… Read More »
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… Read More »
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… Read More »
ACWA sent this letter to Chairman Barrasso and Ranking Member Carper of the Senate Committee on Environment and Public Works regarding S. 1087, The Water Quality Certification Improvement Act of… Read More »
This coalition letter was sent to the Senate Committee on Environment and Public Works regarding Senator Barasso’s (R-WY) bill, S. 1087, which makes changes to Clean Water Act Section 401.
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 letters on reuse: Comments on the publicly-available draft National Water Reuse Action Plan, and initial Comments on the Development of a draft Water Reuse Action Plan – [Docket No. EPA-HQ-OW2019-0174]
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… Read More »
ACWA comment letter submitted April 15, 2019, regarding the US EPA and US ACE proposed rule redefining Waters of the US.