AMWA is joining AWWA, NAWC, and NACWA among other water and wastewater associations in submitting comments in response to the EPA and the U.S. Army Corps of Engineers’ proposed rule clarifying the scope of Clean Water Act jurisdiction over waters of the U.S. (WOTUS). Although EPA has claimed that the proposal “does not protect any new types of waters that have not historically been covered under the Clean Water Act and is consistent with the Supreme Court’s more narrow reading of Clean Water Act jurisdiction,” additional clarification is necessary to ensure water utilities can operate in a manner consistent with historical precedents.
The joint comment letter emphasizes the need for explicit exclusions from WOTUS restrictions for routine operation and maintenance of drinking water, wastewater, and stormwater conveyances, aqueducts, canals, impoundments, and treatment facilities. Where specific exclusions may not be applicable, the joint letter asks for further clarification, streamlined permitting and post-rule guidance that will ensure efficient implementation of any final rule.
While EPA and the Army Corps analyze comments and work on moving the proposed rule through to final promulgation, strong opposition from many members of Congress is expected to continue and the results of the upcoming elections (i.e., a Senate control switch) could further impact the intensity and effectiveness of that opposition. The Small Business Administration’s Office of Advocacy has also recently weighed in on the proposal, recommending that it be withdrawn for a more formal and accurate review of potential small business impacts.
AMWA has been working with the Regulatory Committee to develop feedback on the joint comment letter, which will be submitted to EPA and the Army Corps by November 14. The rule proposal and numerous support documents are available at EPA’s “Waters of the United States” webpage.