This document breaks down key water appropriations from the FY21 Omnibus.
Legislation, Regulation and Litigation
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 Weekly Wrap Vol. XI, Issue 41 (Week of Dec. 7, 2020)
News Draft EPA Memo: Applying Maui Decision NPDES & Groundwater ACWA is very interested in hearing whether your state believes we should comment on this draft guidance. This week, EPA… Read More »
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.
Senate Draft: Drinking Water Infrastructure Act of 2020
The legislation would amend and reauthorize programs under the Safe Drinking Water Act to provide resources and technical assistance to communities.
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.
Informal Comments on Office of Water FY 2022-2023 National Program Guidance
Early engagement with state partners on the NPGs has become an important process step to ensure states are aware of how EPA intends to implement its strategic plan goals and collaborate with the states on implementing the Clean Water Act (CWA). This early engagement provides EPA and states the necessary time to further discuss implementation challenges, performance measures, and other related priorities that may need to be considered as part of the NPG.
FY 2021 Budget Chart
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)
Final ACWA Comment Letter EPA Guidance Rule
ACWA comment letter on EPA’s proposed rule to establish administrative requirements and procedures guidance documents determined to be significant.
ACWA Letter on COVID-19
ACWA letter to EPA concerning COVID-19-related issues faced by state, interstate, and territorial clean water programs, and a potential strategy to leverage lessons learned going forward in the context of both COVID-19 and future disease outbreaks.
New York et al. v. EPA
New York and eight other states filed a challenge against EPA’s COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program policy, arguing the policy exceeds the agency’s authority and skirts statutory mandates to enforce environmental laws.The lawsuit challenges EPA’s March 26 guidance stating that the agency would exercise enforcement discretion if companies are unable to report or monitor pollution releases because the pandemic has disrupted their operations. The policy applies retroactively to March 13 and includes no end date.
