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)”
Letters
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.
Final ACWA Comment Letter Maui Decision Guidance
Comment Letter: EPA should engage in meaningful collaboration with states before finalizing the Maui Decision guidance and/or a future rule making. Meaningful collaboration includes early engagement, reviewing draft products, identifying… Read More »
Final ACWA Comment Letter Criminal Negligence Standard Proposal
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.”
ACWA Comments on Proposal To Reissue and Modify Nationwide Permits
The NWPS are an important part of the regulatory system and enable efficient and effective regulatory review of construction and development activities that have a minimal individual and cumulative adverse environmental impacts. NWPS are permits used by the U.S. Army Corps of Engineers (USACE) to permit a wide range of activities that, upon incorporation of identified conditions and mitigation measures, have been determined to result in minimal adverse effects to the environment. NWPS
are useful for project applicants and states because they streamline the permitting processes necessary for approval. However, the states have several concerns, such as the water quality certification process, removal of the 300 linear foot limit for loss of stream bed and pre-construction notice requirements (PCN) with the changes outlined in the proposal and offer the
following comments.
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.
ECOS, ACWA, ASWM Letter to Congressional Leaders on Sec. 401 Authority
The Environmental Council of the States (ECOS), the Association of Clean Water Administrators (ACWA), and the Association of State Wetland Managers (ASWM) urge Congress to preserve states’ ability to protect water quality under Section 401 of the Clean Water Act. Our members believe that Section 401 is an important tool states can use to protect their waters for the benefit of their citizens.
ACWA Comments on Numeric Nutrient Criteria for Lakes and Reservoirs (LNNC)
ACWA and ASDWA’s substantive comments on the “Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs of the Conterminous United States: Information Supporting the Development of Numeric Nutrient Criteria” (Draft LNNC)
