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.
Documents
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 »
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.
EPA Governors Letter on WOTUS Meetings
A letter from EPA informing Governors of the opportunity for engagement meetings on the revised Waters of the U.S. proposal.
Clean Water Act Section 401 Final Rule Powerpoint (June 2020)
An EPA presentation on the changes to Section 401 of the Clean Water Act.
Request for Comment on Clean Water Act Sec. 404 & ESA Consultations
EPA is seeking comment on whether the Agency should reconsider its current position that consultation under ESA Section 7(a)(2) is not required when the EPA approves a State or Tribe’s request to assume the Section 404 dredged and fill permit program under Section 404(h) of the Clean Water Act (CWA).
ACWA Redline Comparison between 2020 Navigable Waters Protection Rule and 2019 Proposed Rule Redefining WOTUS
ACWA used Microsoft Word redlines to compared the 2019 Proposed Rule Redefining “Waters of the United States” to the 2020 final rule defining “Waters of the United States”, known as… Read More »
Pre-Publication Version: Updating Regulations on Water Quality
EPA is publishing for public comment a proposed rule providing updates and clarifications to the substantive and procedural requirements for water quality certification under the CWA sec. 401. EPA will accept comments for 60 days from the date of publication in the Federal Register.
303(d) and TMDLs: State of the States
In late 2018, ACWA Watershed’s Committee Co-Chairs Jeff Berckes and Traci Iott, along with ACWA staffer Julian Gonzalez, conducted interviews with state representatives covering a wide range of topics on… Read More »
EPA/USACE Proposed Mitigation Rule Revisions Presentation
A briefing presentation from the EPA and the Army Corps on upcoming plans to revise the Compensatory Mitigation for Losses of Aquatic Resources” (Mitigation Rule) (40 CFR Part 230, Subpart… Read More »
ACWA Comment Letter – Pre-proposal Recommendations for Clarification of Provisions within Clean Water Act Section 401 and Related Federal Regulations and Guidance
This ACWA comment letter was submitted on May 24, 2019 and was responsive to EPA’s Pre-proposal Recommendations for Clarification of Provisions within Clean Water Act Section 401 and Related Federal… Read More »
WOTUS Discussion Questions for State Outreach Sessions
Discussion questions provided by EPA and the Army Corps of Engineers during state WOTUS outreach sessions.
