SEC. 3. ENACTMENT OF THE SECTION 401 CERTIFICATION RULE.
The final rule of the Environmental Protection Agency entitled ‘‘Clean Water Act Section 401 Certification Rule’’ (85 Fed. Reg. 42210 (July 13, 2020)) is enacted into law.
Legislation, Regulation and Litigation
Bipartisan Infrastructure Deal (BID) Fact Sheet
A fact sheet from EPA outlining the provisions of the Bipartisan Infrastructure Deal. The Bipartisan Infrastructure Deal invests more than $50 billion through EPA’s highly successful water infrastructure programs.
In re: Clean Water Act Rulemaking
In sum, in light of the lack of reasoned decisionmaking and apparent errors in the rule’s scope of certification, the indications that the rule contravenes the structure and purpose of the Clean Water Act, and that EPA itself has signaled it could not or will not adopt the same rule upon remand, significant doubt exists that EPA correctly promulgated the rule.
Montana’s Nutrients Variance: 9th Circuit Opinion
Ruling: Upper Missouri Waterkeeper v. EPA – Ninth Circuit Opinion, 10.7.2021
EPA Draft FY 2022-2026 Strategic Plan
A Federal Register notice from EPA announcing the availability of the Draft FY 2022– 2026 EPA Strategic Plan for public review and comment, which is being revised as required by… Read More »
Comments on EPA Intent to Revise & Reconsider Sec. 401 Rule
Comments on the agency’s efforts to review and revise the sec. 401 water quality certification rule and encourage the agency to engage in robust coordination with the states through organizations… Read More »
FY 2022 Budget Chart
FY2022 Streamgage Network Support Letters
ACWA joined a large coalition of groups in urging Congress to fully fund the USGS streamgage network. The coalition seeks $28.7 M for Streamgages, $33.0 M for Cooperative Matching Funds for Streamgage Network and $28.1 M for NGWOS and Data Delivery Modernization.
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.
ACWA 2021 Mid-Year Meeting Presentations: Day 1
Here are the presentations from the first day of ACWA’s 2021 Mid-Year Meeting.
FY2021 Funding Chart
This document breaks down key water appropriations from the FY21 Omnibus.
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.”
