EPA Trying to Redefine Navigable Waters

 

ACI-NA Seeking Input on EPA's New Waterway Proposal

On April 21, 2014 the EPA published a proposed rule for a 90-day comment period revising the definition of "waters of the United States" under the Clean Water Act. The proposed definition expands the regulatory reach of the EPA by making all tributaries and adjacent waters of Traditional Navigable Waters (TNW) jurisdictional by rule based on the presumption of a "significant nexus" between these waters and a TNW. Additionally, the proposal states that the regulatory status of "other waters" will be determined on a case-by-case basis using the same "significant nexus" threshold as was defined in the EPA's connectivity study:

http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Watershed%20Connectivity%20Report!OpenDocument&TableRow=2.2#2.

This expanded consideration of tributaries and adjacent waters affects nine different regulatory programs. The Federal Register notice is available at the below link:   

http://www2.epa.gov/sites/production/files/2014-04/documents/fr-2014-07142.pdf

The Water Quality Working Group would appreciate member input so that it can prepare appropriate comments. Please provide any comments you have to working group Chair Chad Leqve and Chris Oswald, ACI-NA Vice President of Safety and Regulatory Affairs by June 9, 2014.

If you have any questions or comments about this issue, please feel free to contact Chris Oswald, Chad Leqve, or working group Co-Chair Dean Mericas.  

Regards,
Chad Leqve

Chad E. Leqve
Director of Environment
Metropolitan Airports Commission
6040 28th Ave. S.
Minneapolis, MN 55450
Tel: (612) 725-6326
Cel: (952) 356-5246
chad.leqve@mspmac.org