In these meetings, the agencies seek feedback on co-regulator and stakeholder experiences with implementing the various “waters of the United States” (WOTUS) regulatory regimes. We will benefit from learning about your experiences in the field and understanding how jurisdictional issues affect assumed/delegated programs and other state or tribal efforts. The agencies first intend to propose returning to the longstanding pre-2015 regulations, with amendments to be consistent with Supreme Court cases such as Riverside Bayview Homes, SWANCC, and Rapanos. A second rulemaking will then build on that framework with the benefit of additional stakeholder engagement. We recognize that these implementation-focused discussions may have implications for both rules but are planning to focus primarily on the first, forthcoming rule.
Documents
FY2021 Funding Chart
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.
Coalition Letter on Unintended Consequences of Infrastructure Investment & Jobs Act
The Association of State Drinking Water Administrators (ASDWA), the Association of Clean Water Administrators (ACWA), the Environmental Council of the States (ECOS), the Council of Infrastructure Financing Authorities (CIFA), and Western States Water Council (WSWC), which represent state agencies and programs, strongly support the funding for the Clean Water and Drinking Water State Revolving Funds (SRFs) in the Infrastructure Investment and Jobs Act (H.R. 3684). Increased funding for drinking water, wastewater and stormwater infrastructure will increase protection for public health and the environment – saving lives and safeguarding finite water resources for generations to come.
However, the requirement for state cash match on appropriations in the bill jeopardizes the ability of states to quickly and efficiently access this federal funding for water infrastructure projects.
2021 Water Quality Modeling Open Source Agenda
2021 Water Quality Modeling Data Visualization Agenda
2021 Nutrients Permitting Workshop Agenda
ACWA Recommendations for Updating the 2013 Long-Term Vision for the CWA 303(d) Program
2021 SepticSmart Week Social Media Guide
Letter from EPA/Army Extending the Federalism Consultation Comment Period
As explained in our July 29, 2021, letter to you, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) have initiated a federalism consultation for a rulemaking that restores the WOTUS regulations in place prior to the 2015 Clean Water Rule, with updates to be consistent with relevant Supreme Court decisions. We would like to notify you that the comment period for this consultation is extended to 60 days, beginning August 5, and ending October 4, 2021.
WaterISAC-EPA Joint Advisory_BlackBerry QNX_BadAlloc_FINAL
On August 17, 2021, BlackBerry publicly disclosed that its QNX Real Time Operating System (RTOS) is affected by a BadAlloc vulnerability—CVE-2021-22156. BadAlloc is a collection of vulnerabilities affecting multiple RTOSs and supporting… Read More »
Draft NPDES Form Updates 8-11-2021
EPA is planning to update the NPDES Application Forms via the ICR process. EPA has indicated the “minor” changes they are considering do not require modifying the application regulations at… Read More »