Coalition Comments on EPA’s Draft Guidance for Clean Water Act Section 402 Permits

ARTBA and its coalition partners filed comments regarding the Environmental Protections Agency’s (EPA) draft guidance on application of the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund as it relates to discharges from point sources to jurisdictional surface water through groundwater, noting there is little (if any) direction to permitting authorities or regulated parties on what constitutes a covered discharge to navigable waters (e.g., waters of the United States (“WOTUS”) through groundwater under the Clean Water Act (“CWA”).

The comments noted that EPA fails to provide needed clarity to regulators or the regulated community; creates new confusion in significant areas; and is contrary to County of Maui and the CWA.

Accordingly, the coalition requests that EPA reconsider the draft guidance in its entirety, consistent with the comments above; engage stakeholders; and repropose new draft guidance for public review and comment.