NACWA submitted initial comments to EPA and the Department of the Army on September 20 urging the agencies to maintain existing and added exclusions for waste treatment systems, stormwater control features, wastewater recycling structures, and groundwater as the agencies begin another effort to revise the definition of Waters of the United States (WOTUS).

EPA and the Army have initiated a federalism consultation on the new rulemaking process. This intergovernmental consultation process is a key step when an agency proposes (or in this case pre-proposes) a regulatory rulemaking that could have federalism implications under Executive Order 13132.

EPA and the Army held a kick-off call on August 5 to hear initial feedback from state and local government organizations on their intent to revise WOTUS. At this time, EPA and the Army are gathering comments and feedback from stakeholders and will then move on to a proposed rulemaking later this year or early next year. The exclusions highlighted by NACWA in its comment letter have been long-standing policy for both agencies and were included in the last definitional iteration of WOTUS.

NACWA continues to engage with EPA and the Department of the Army as they progress through the pre-proposed rulemaking process and will keep members apprised of any developments. If members have questions, please connect with Emily Remmel, NACWA’s Director of Regulatory Affairs.