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. In general ACWA supports transparency in developing guidance documents and is in agreement that guidance documents are not legally binding and should refrain from including mandatory language such as “shall,” “must,” “required” or “requirement.” ACWA also agrees that not all guidance should go through the traditional rulemaking notice and comment process. Some of the biggest concerns raised related to a lack of recognition o the unique role of states and the need to be included in the process, lack of clarity around the definition for “significant guidance,” and the likely need for more than 30 days to comment.