News ACWA Joins Coalition in Offering Potential Sec. 401 Process Improvements ACWA, along with WGA, NCSL, ASWM, WSWC and CSG West, developed a set of potential section 401 process improvements… Read More »
Legislation, Regulation and Litigation
Sec. 401 Process Improvements
States are the primary authority for allocating, administering, protecting, and developing water resources, and they are primarily responsible for water supply planning within their boundaries. States have the ultimate say in the management of their water resources and are best suited to speak to the unique nature of western water law and hydrology. Under the Clean Water Act (CWA), Congress deliberately preserved states’ authority to manage and protect their water resources by establishing a system of cooperative federalism through which states serve as co-regulators for the implementation and enforcement of federal statutory programs. CWA Section 401 represents a critical state authority which protect states’ authority over water resources and ensures that states have a meaningful role in the certification of federal permits and licenses for projects that may affect water quality in a state.The CWA Section 401 Process Improvements have been developed in collaboration with associations of state officials and are intended to identify possible reforms to the water quality certification program that do not compromise or curtail states’ well-established legal authority to manage and protect their water resources. As states are co-regulators with the federal government in administering the CWA, it is critical that states be afforded early, meaningful, substantive, and ongoing consultation in the development of any changes to the Section 401 program or to the balance of state and federal authority under the statute.
FY 2019 Budget Chart
A chart of EPA’s budget including the FY 2019 omnibus bill
EPA 2018 Year in Review
“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.”
ACWA Chart Comparing 1986 WOTUS Jurisdiction, 2015 Obama Rule Jurisdiction, and 2019 Trump Rule Jurisdiction
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… Read More »
ACWA Compilation of Questions EPA Seeks Comment On for Proposed Rule Redefining WOTUS
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… Read More »
ACWA Summary of Proposed Rule Redefining WOTUS
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… Read More »
Water Infrastructure Investment Needs
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… Read More »
ACWA Weekly Wrap Vol. IX, Issue 45 (Week of December 10, 2018)
News EPA and Army Propose New “Waters of the United States” Definition This week, EPA released the pre-publication version of their proposed rule redefining Waters of the United States for… Read More »
ACWA Weekly Wrap Vol. IX, Issue 44 (Week of December 3, 2018)
News Broad Coalition Sends Letter to EPA on Sec. 401 ACWA joined a broad coalition of regional and national organizations in writing to the Office of Water about potential changes… Read More »
Coalition Letter on Potential Changes to Sec. 401
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.
Vessel Incidental Discharge Act (VIDA) Letter
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… Read More »
