← National Rural Electric Cooperative Association
EPANonrulemakingEPA-HQ-OW-2017-0480

Definition of “Waters of the United States” – Pre-Proposal Outreach Comments

RIN
—
Last modified
Apr 16, 2024
Comment window
closed 3164d ago
National Rural Electric Cooperative Association filings
1

Activity

National Rural Electric Cooperative Association filed 1 comment on this docket between Dec 7, 2017 and Dec 7, 2017. 99 other organizations filed here. The comment window closed 3164d ago.

What National Rural Electric Cooperative Association filed (1)

Dec 7, 2017· Comment submitted by Dorothy Allen Kellogg, Sr. Principal – Environmental Policy, National Rural Electric Cooperative Association (NRECA)· EPA-HQ-OW-2017-0480-0726

NRECA urges that a new rule reflect the following broad principles: 1.A new rule must be defensible and sustainable. By that we mean that the rule should respect the shared federal/state responsibilities under the Clean Water Act, especially the states' responsibility for land and water use; and reflect the holdings in all Supreme Court decisions regarding the geographical reach of the Clean Water Act - Riverside Bayview and SWANCC as well as Rapanos, and Justice Kennedy's concurring opinion as well as Justice Scalia's plurality decision in Rapanos. 2.A new rule should establish clear jurisdictional lines critical to efficient administration of the Clean Water Act and to meet the government's obligation to provide fair notice to regulated parties, particularly in light of civil and criminal penalties imposed by the CWA. However, such clear lines must not mean that each permit application turns into a multi-year research project on precipitation, flow, and duration. NRECA is a member of the Utility Water Act Group (UWAG) and the Waters Advocacy Coalition (WAC), and these comments hereby incorporate by reference the comments submitted by UWAG and WAC. NRECA members and our colleagues in the utility sector and a broad coalition of other sectors will continue to work on more detailed recommendations to establish those clear, jurisdictional boundaries.

View on regulations.gov →

Abstract

In accordance with a Presidential directive, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) are developing a new definition for “waters of the United States.” This docket will be associated with a non-regulatory preproposal notice announcing a series of public webinars and soliciting feedback from the public.

View on regulations.gov →

Co-filers (99)

See everyone who commented →