Clean Water Current

NACWA continues to seek member feedback on EPA and the Army Corps of Engineers’ (USACE) proposed Revised Definition of “Waters of the United States” (WOTUS), published in the Federal Register on December 7, 2021.

While EPA and USACE have signaled that this rulemaking may likely not be the last definition the Biden Administration proposes, NACWA believes the 60-day turnaround for comments is inadequate given the complexities inherent to defining a WOTUS and the impact the proposal could have on clean water utilities.

NACWA has requested an additional 30 days to gather comments from members and compile a meaningful and helpful comment letter that reflects the shortfalls of the proposal as well as other concerns like the omission of certain jurisdictional exclusions such as stormwater control features, water recycling structures, and groundwater.

NACWA is prepared to submit formal comments to this WOTUS rewrite by the current deadline of February 7, 2022 and will keep members informed of if an extension is granted. Members with specific feedback on how this definition will impact your utilities operations should contact Emily Remmel, NACWA’s Director of Regulatory Affairs.