EPA to Initiate Rule-making Process for Clean Water Act Jurisdiction

The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers decided to initiate a formal rule-making process regarding the identification of waters protected by the Clean Water Act (CWA). The National Assn. of Clean Water Agencies (NACWA) applauded this step saying that the decision to pursue a full-fledged rulemaking, and to abandon pursuing the effort through guidance, was a positive one that would afford all organizations, including NACWA and its members, additional opportunities to comment on this initiative.

NACWA previously submitted comments on EPA’s draft guidance calling to preserve the existing regulatory exemption for waste treatment systems but noting that additional clarification in a number of key areas was needed and the rulemaking process will make addressing these remaining issues more likely.

Source: NACWA