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.
Letters
Letter: Bipartisan Infrastructure Law Implementation Guidelines Recommendations
An ACWA letter to the Office of Wastewater Management on the states/interstates recommendations for the Bipartisan Infrastructure Law Implementation Guidance.
Protecting Against Malicious Cyber Activity before the Holidays
TO: Corporate Executives and Business Leaders FROM: Anne Neuberger, Deputy Assistant to the President and Deputy National Security Advisor for Cyber and Emerging Technology and Chris Inglis, National Cyber Director… Read More »
Letter from EPA Administrator Regan to Governors on the Bipartisan Infrastructure Law – Water Infrastructure
A copy of a letter from the EPA Administrator to Governors on the Water Infrastructure provisions of the Bipartisan Infrastructure Law.
ACWA Comments on Preliminary ELG Plan 15
Comments ACWA submitted to EPA regarding EPA’s Preliminary Effluent Guidelines Program Plan 15 (Preliminary Plan 15).
State Associations Letter on 106 Funding
The Association of State Drinking Water Administrators (ASDWA), the Association of Clean Water Administrators (ACWA), the Environmental Council of the States (ECOS), and the Western States Water Council (WSWC), which represent State environmental agencies and programs, strongly support increased funding for drinking water, wastewater, and stormwater infrastructure that protects public health and the environment. However, in order to successfully implement the goals of the Infrastructure Investment and Jobs Act, state environmental programs need increased resources to administer their programs and support new infrastructure investments.
Associations Letters on PFAS Reporting Under TSCA
ACWA, ASDWA, ECOS Provided Comments in September, 2021 in Response to EPA’s Proposed Rule, “PFAS Reporting and Recordkeeping Requirements under TSCA Section 8(a)”
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.
Associations Letter on National Emerging Contaminant Research Initiative (NECRI)
Joint comments to the National Institute of Environmental Health Sciences on the nascent National CEC Research Initiative (NECRI).
PFAS Effluent Limitations Guidelines and Standards: Organic Chemicals, Plastics and Synthetic Fibers Point Source Category Rulemaking
Joint comments from state associations related to EPA’s rulemaking on PFAS industrial discharges under CWA.
State Associations Letter Outlining Priorities for Infrastructure Plan
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), Western States Water Council (WSWC), which represent State agencies and programs, strongly support increased funding for drinking water, wastewater and stormwater infrastructure that protects public health and the environment. The letter urges Congress to significantly increase funding for water infrastructure, detailing policy priorities to maximize federal investments including flexibility on how and when states spend the money.
COVID 19 Inspection Commitment Letter
A letter from U.S. EPA Office of Enforcement and Compliance Assurance (OECA) extending flexibilities to count both off-site and onsite compliance assurance activities in meeting state compliance monitoring commitments through September 2021. (EPA will evaluate the need to extend this date further at that time, if appropriate.) The letter also provides additional clarification on processes and documentation.
