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 federally regulated under the Clean Water Act. The rule will become effective on June 22, 2020.
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ACWA Redline Comparison between 2020 Navigable Waters Protection Rule and 2019 Proposed Rule Redefining WOTUS
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 the Navigable Waters Protection Rule.
Navigable Waters Protection Act: Waters of the United States Definition Summary – 1-30-20
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.
ACWA Letter to Senate EPW – S. 1087 – 11-26-2019
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 2019.
Coalition Letter – Clean Water Act Section 401 Legislation – 11-18-19
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.
Office of Water Response to Coalition Letter on Sec. 401 Process Improvements
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 Water Reuse Action Plan Comment Letters
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]
ACWA Comment Letter – Pre-proposal Recommendations for Clarification of Provisions within Clean Water Act Section 401 and Related Federal Regulations and Guidance
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 Regulations and Guidance
ACWA Comments on “Revised Definition of “Waters of the United States”” Proposed Rule
ACWA comment letter submitted April 15, 2019, regarding the US EPA and US ACE proposed rule redefining Waters of the US.
WOTUS Discussion Questions for State Outreach Sessions
Discussion questions provided by EPA and the Army Corps of Engineers during state WOTUS outreach sessions.
USACE Regulatory Policy Directives Memorandum on Duration of Permits and Jurisdictional Determinations, Timeframes for Clean Water Act Section 401 Water Quality Certifications, and Application of the 404(b)(1) Guidelines
A USACE memo to the agency, directing District Engineers to restrict the timeline for state review for 401 certification to 60 days. States may request additional time, but the decision is entirely at the discretion of the District Engineer, and extensions may not be granted if requests are “based on workload or resource issues or… Read More »
ACWA/ASWM Letter on Sec. 404(g) of the CWA
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.
