Final Comment Letter – Proposed Maui Guidance 12-23-2023

ACWA appreciates that EPA has drafted a guidance document that reinforces support for the Supreme Court created list of seven factors that could be considered when determining whether a discharge through groundwater from a point source is the “functional equivalent” of a surface water discharge requiring an NPDES permit. The proposed guidance also acknowledges that “time” and “distance” will likely be the most important factors, but not always in every case. ACWA provides several recommendations below, the most important being that EPA work closely with states as you consider updates to this guidance document. We are however disappointed that EPA did not extend the comment period another 30 days as requested by a multitude of organizations.