A Clear Commitment to America’s Waters
53
Congressional Hearing
T
he U.S. Environmental Protection Agency (EPA) and the
U.S. Army Corps of Engineers released a
in
March that addresses the jurisdictional reach of the Clean
Water Act (CWA). The draft rule seeks to provide addition-
al guidance on which waterbodies are covered by the CWA’s regula-
tory and permitting requirements. While originally subject to a 90-
day public comment period, the magnitude of stakeholder response
prompted the agencies to extend the comment deadline to October
20, 2014.
In an important development for the clean water community, the pro-
posal maintains the existing waste treatment system exemption in
EPA’s current regulations. This means that treatment ponds, lagoons,
or other waterbodies used by utilities as part of a waste treatment sys-
tem to meet the requirements of the CWA will continue to be exempt
from jurisdiction. Additionally, the proposal includes a new exemption
for groundwater fromCWA regulation.
EPA and the Army Corps contend that the rule does not expand the
reach of the CWA to include any new types of waters that have not his-
torically been covered under the Act and is consistent with the Supreme
Court’s more narrow reading of CWA jurisdiction. The draft rule has
many components, but NACWA has identified a few specific items that
require clarification before the rule is finalized. Among the concerns,
the draft rule is very confusing on its treatment of ditches, including
which ditches will be specifically excluded from jurisdiction. The final
rule must also clarify that municipal separate storm sewer systems
(MS4s) are covered by the waste treatment system exemption and that
it is not intended to make green infrastructure installations jurisdic-
tional. It must also clearly articulate how it will interface with existing
CWA implementation practices across the states.
NACWA has long advocated for maintaining the waste treatment sys-
tem exemption and including a clear groundwater exemption in any
new jurisdictional rule, and was pleased that the proposal addressed
these concerns. NACWA has also urged EPA to pursue any changes
to CWA jurisdiction via a formal rulemaking process instead of via a
guidance document EPA has taken this approach with the current pro-
posal to allow for robust public review and comment. The Association
anticipates filing formal comments on this rule in the coming
months.
Clarification Necessary on Proposed
Waters of the United States Rule
ensure optimization of taxpayer resources. More broadly, inte-
grated planning not only promises to provide significant and much-
needed flexibility for communities facing significant water quality
and other environmental challenges, it symbolizes the recognition
that it is time to do things differently under the Clean Water Act.”
The hearing,
Integrated Planning and Permitting Framework: An
Opportunity for EPA to Provide Communities with Flexibility to Make
Smart Investments in Water Quality
, also examined two bills on inte-
grated planning and affordability issues in which NACWA has been
engaged. The first, H.R. 3862,
The Clean Water Affordability Act
, is co-
sponsored by Representatives Bob Latta (R-OH) and Tim Walz (D-
MN) and would codify EPA’s
Integrated Planning Framework
, extend
permit terms for communities with an approved integrated plan,
and require the Agency to revise its guidance on financial capabil-
ity. The second, H.R. 2707,
The Clean Water Compliance and Ratepayer
Affordability Act
, is co-sponsored by Representatives Steven Chabot
(R-OH) Marcia Fudge (R-OH) and would create a new pilot program
for 15 communities across the country to develop integrated plans
and extend permit terms for pilot communities with approved
plans.
NACWA has been working on a similar effort with the House and
Senate Appropriations Committees to set aside money in EPA’s FY
2015 budget to establish an integrated planning pilot program to
help interested communities develop integrated plans pursuant to
EPA’s
Integrated Municipal Stormwater &Wastewater Planning Approach
Framework
. The House Appropriations Committee recently includ-
ed $2 million in grant financing for this pilot program and the full
chamber is expected to vote on the spending package soon.
Steve Meyer, Director of Environmental Services for the City of Springfield,
Mo.,
before the House T& I Committee on July 24.
