Water Act and looks forward to the opportunity to participate in the development of a new rule.“The nation’s counties support clean water and common-sense environmental regulations,” said National Association of Counties Executive Director Matthew Chase. “We look forward to working with the agencies to ensure a collaborative intergovernmental process, greater clarity and a pragmatic rule to advance clean water goals without hindering counties’ vast public safety and infrastructure responsibilities.”
Counties own and manage public safety infrastructure including 46 percent of the nation’s road miles and many associated ditches, 40 percent of bridges, as well as flood control channels, drainage conveyances and culverts used to prevent flooding, all impacted by the rule.
“Because counties play a critical role in implementing and enforcing federal water laws, it is crucial that the agencies work with us to develop regulations that work at the local level,” Chase added. “Counties are on the front lines of preserving local resources, strengthening public safety and fostering economic growth, which all contribute to vibrant communities across the country.”
Since the rule was originally proposed in 2014, NACo consistently requested that the agencies withdraw and revamp the rule, inclusive of state and local government concerns. NACo testified before congressional bodies four times and steadfastly advocated for more collaboration and greater clarity. For more information, visit NACo’s online resource hub and action center.
Source: NACo
EPA, U.S. Army Move to Rescind 2015 "Waters of the U.S."
June 28, 2017 - WASHINGTON – The Environmental Protection Agency, Department of Army, and Army Corps of Engineers (the agencies) are proposing a rule to rescind the Clean Water Rule and re-codify the regulatory text that existed prior to 2015 defining "waters of the United States" or WOTUS. This action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will engage in a substantive re-evaluation of the definition of "waters of the United States." The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.
"We are taking significant action to return power to the states and provide regulatory certainty to our nation's farmers and businesses," said Administrator Scott Pruitt. "This is the first step in the two-step process to redefine 'waters of the U.S.' and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public."
This proposed rule follows the February 28, 2017, Presidential Executive Order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The February Order states that it is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution. To meet these objectives, the agencies intend to follow an expeditious, two-step process that will provide certainty across the country.
The proposed rule would recodify the identical regulatory text that was in place prior to the 2015 Clean Water Rule and that is currently in place as a result of the U.S. Court of Appeals for the Sixth Circuit's stay of the 2015 rule. Therefore, this action, when final, will not change current practice with respect to how the definition applies.
The agencies have also begun deliberations and outreach on the second step rulemaking involving a re-evaluation and revision of the definition of "waters of the United States" in accordance with the Executive Order.
"The Army, together with the Corps of Engineers, is committed to working closely with and supporting the EPA on these rulemakings. As we go through the rulemaking process, we will continue to make the implementation of the Clean Water Act Section 404 regulatory program as transparent as possible for the regulated public, " said Mr. Douglas Lamont, senior official performing the duties of the Assistant Secretary of the Army for Civil Works.
For the pre-publication Federal Register Notice and additional information: http://www.epa.gov/wotus-rule
Source: EPA
