The 2022 rule is based on the pre-2015 regulations and codifies both the” significant nexus” and “relatively permanent” standards proposed in Rapanos.
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Pre-Publication Version of Clean Water Act Section 401 Water Quality Certification Improvement Rule
A copy of a pre-publication version of the proposed rule: Clean Water Act Section 401 Water Quality Certification Improvement Rule. Comments will be due 60 days from the date of… Read More »
ACWA Comments On Revised Definition of “Waters of the United States”
As the agencies proceed with this process to revise WOTUS and work to create a durable rule the states remind the agencies of several foundational principles that must be adhered to. (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 though balanced within the limitations of statute and judicial precedent; (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) consider a delayed effective date dependent on the significance and scope of the final rule to give state partners adequate 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.
State Summits on Water Reuse: Materials
Repository of meeting materials from 2019 & 2020 State Summits on Water Reuse, hosted by ACWA, ASDWA, and other state partners.
ACWA Pre-Proposal WOTUS Comments
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 EPA Intent to Revise & Reconsider Sec. 401 Rule
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 »
EPA Governors Letter on WOTUS Meetings
A letter from EPA informing Governors of the opportunity for engagement meetings on the revised Waters of the U.S. proposal.
Final Rule: Navigable Waters Protection Rule
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 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… Read More »
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… Read More »
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… Read More »
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.
