Final ACWA Comment Letter Criminal Negligence Standard Proposal

Comment Letter: ACWA would like to express support for the Environmental Protection Agency’s (EPA) recent proposed rule clarifying that “state or tribal programs approved pursuant to CWA Sections 402 and 404 are not required to include the same criminal intent standard that is applicable to EPA under Section 309 of the CWA.” States support the position that EPA has the authority to approve NPDES and Wetlands programs that allow for prosecution based on a state’s negligence standard, including simple/ordinary, gross, and recklessness. States’ criminal negligence standards are not universally identical, and states appreciate EPA recognizing the need for this flexibility.