NGWA has submitted comments to the U.S Environmental Protection Agency in response to its recent decision to reconsider the definition of “waters of the United States” (WOTUS).
WOTUS are those defined by the federal government that fall under the jurisdiction of clean water rules and regulations, including water quality standards and total maximum daily loads or TMDLs.
NGWA has long advocated for groundwater, groundwater surface expressions, artificial discharge areas, and certain stormwater control features to be excluded from the scope of WOTUS.
The EPA has reevaluated the definition and rules governing WOTUS in 2015 under President Barack Obama and again in 2019 under President Donald Trump.
The EPA and Department of the Army announced on June 9, 2021 their intent to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation and develops a new rule to establish a “durable” definition of WOTUS.
As in previously submitted comments to the EPA, NGWA argues that groundwater is best managed by states and local authorities rather than at the federal level, and that a clearer distinction should be made between state, local, and federal jurisdictions to better facilitate decision-making in commerce and water management.
The EPA has not given a specific timeline on when they intend to release its updated rule establishing the WOTUS definition.
Click here to read NGWA’s comments.