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 »
This Resource Analysis project indicates nationally there is a significant gap in resources needed by states for managing water quality programs. At the highest level of aggregation, this resource gap indicates that state agencies are receiving less than one-half of the resources that they need to fully implement the requirements of the federal Clean Water… Read More »
“This report highlights key steps we have taken to achieve this goal and to protect the environment and public health. In 2018, we have been particularly focused on providing greater certainty to the American public: certainty in our EPA programs; certainty to the states, tribes, and local governments; and certainty on how we communicate risk. The American public have a right to know the truth about the risks they face in their daily lives and how we are responding. It is our responsibility to explain it to them clearly and consistently.”
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.
This Excel chart compares the Trump Administration’s proposed rule “Redefinition of Waters of the United States”, the 2015 Obama Administration rule defining Waters of the United States, and the regulatory definitions which existed before that. The chart provides brief information on how each defined various features/bodies of water, and where in the proposed redefinition of… Read More »
This document compiles questions asked by EPA in the proposed rule redefining Waters of the United States. In the proposed rule, EPA poses the questions after each section which discusses various definitions, terms, concepts, etc. The purpose of this document is to provide an easy-to-reference list of those questions for ACWA members and their states… Read More »
The following memorandum provides a brief overview of key elements within the proposed rulemaking, Revised Definition of “Waters of the United States”. The summary is based on the pre-publication version of the proposed rule. This summary is meant to assist ACWA’s Membership in their review of the proposed rule as they prepare comments and provide… Read More »
ACWA joined a broad coalition of organizations in urging Congress to provide funding for water, wastewater, stormwater and reuse infrastructure projects in any infrastructure funding packages considered during the 116th Congress.
EPA – in partnership with USDA – is encouraging increased engagement and a reinvigoration of state, tribal and federal efforts to reduce excess nutrients in waterways, with a focus on market-based and other collaborative pollutant reduction approaches. The Agencies are committed to working with federal agencies, states, tribes and stakeholders such as agricultural producers, wastewater and drinking water service providers, and conservation organizations, to develop solutions tailored to the needs of specific communities and watersheds.
We urge you to reject any changes to agency rules, guidance, and/or policy that may diminish, impair, or subordinate states’ well-established sovereign and statutory authorities to protect water quality within their boundaries. Any regulatory action related to states’ CWA Section 401 authority raises significant federalism concerns, and therefore, we request that EPA engage in meaningful and substantive consultation with state officials before the commencement of such action.
With the adoption of the CWA, Congress purposefully designated states as co-regulators under a system of cooperative federalism that recognizes state authority over the allocation, administration, protection, and development of water resources. Section 101 of the CWA clearly expresses Congress’s intent to:
…recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution, to plan the development and use (including restoration, preservation, and enhancement) of land and water resources, and to consult with the Administrator in the exercise of his authority under this chapter.
This declaration demonstrates Congress’s understanding that a one-size-fits-all approach to water management and protection does not accommodate the practical realities of geographic and hydrologic diversity among states.
The Vessel Incidental Discharge Act (VIDA) passed the senate as a part of the Coast Guard Reauthorization Act. Under VIDA, the EPA and Coast Guard must work together to develop and implement ballast water and incidental discharge standards. The goal of this act is to have a more consistent national regulatory system for ballast water… Read More »