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NACWA Applauds EPA Decision to Initiate Rulemaking Process for Clean Water Act Jurisdiction



September 18, 2013

Nathan Gardner-Andrews
General Counsel
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NACWA Applauds EPA Decision to Initiate Rulemaking Process for Clean Water Act Jurisdiction

Washington D.C. – The National Association of Clean Water Agencies (NACWA) applauds the decision by the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers yesterday to initiate a formal rulemaking process regarding the identification of waters protected by the Clean Water Act (CWA). The decision to pursue a full-fledged rulemaking, and to abandon pursuing this effort through guidance, is a positive one and will afford all organizations, including NACWA and its members, additional opportunities to comment on this initiative.

“The complex and important issues of CWA jurisdiction deserve full attention of the rulemaking process, and we are very pleased with the announcement,” said Ken Kirk, NACWA Executive Director. "While NACWA has expressed broad support in the past for efforts to strengthen the water quality protection afforded by the CWA as part of a holistic watershed approach, NACWA has continued to advocate for a formal rulemaking process to address the jurisdiction issue."

NACWA previously submitted comments pdf button on EPA’s draft guidance calling to preserve the existing regulatory exemption for waste treatment systems but noting that additional clarification in a number of key areas was needed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.


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