News & Analysis as of

Public Comment Clean Water Act

Beveridge & Diamond PC

EPA Extends Comment Period on Draft Risk Assessment for PFOA and PFOS in Biosolids

Update: EPA will now accept public comments on its Draft Sewage Sludge Risk Assessment for Perfluoroctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) until August 15, 2025. Interested parties may submit comments at...more

Bergeson & Campbell, P.C.

EPA Extends Comment Period on Draft Sewage Sludge Risk Assessment for PFOA and PFOS

On April 17, 2025, the U.S. Environmental Protection Agency (EPA) extended the comment period on a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and...more

Fox Rothschild LLP

EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge

Fox Rothschild LLP on

On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA...more

Snell & Wilmer

Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

Snell & Wilmer on

As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act Industrial and Construction Permits (Updated)

Beveridge & Diamond PC on

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) proposed the 2026 version of the National Pollutant Discharge Elimination System (NPDES) MSGP for stormwater discharges associated with...more

Maynard Nexsen

EPA to Hold Listening Sessions for Stakeholders on Implementation of Sackett

Maynard Nexsen on

Beginning on April 29, 2025, the EPA will hold a series of six listening sessions to receive input from stakeholders on key topics related to the regulation of “waters of the United States” (or “WOTUS”) in the wake of the...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

King & Spalding on

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Upper White River Watershed Management Plan: H2Ozarks Announces Extension of Comment Period

H2Ozarks announced that the public comment period has been extended through April 22nd for the Upper White River Watershed Management Plan (“Plan”). The organization states that it is seeking community feedback to “ensure...more

J.S. Held

PFAS Monitoring Requirements and Stormwater Pollution Prevention Under the 2026 NPDES Permit

J.S. Held on

On December 13, 2024, the United States Environmental Protection Agency (EPA) published a request for public comment for the 2026 National Pollutant Discharge Elimination System (NPDES) general permit for stormwater...more

Farella Braun + Martel LLP

Comment Period Closing in 30 Days (April 16) on Federal PFOA/PFOS Risk Assessment for Sewage Sludge Applied to Agricultural Land...

Interested parties—including businesses raising crops or animals on agricultural and ranch lands potentially impacted by PFAS in groundwater; entities operating wastewater treatment plants (WWTPs); and related interest groups...more

Beveridge & Diamond PC

EPA Proposes Updated General Clean Water Act NPDES and Construction Permits

Beveridge & Diamond PC on

2026 MSGP - EPA released its proposed 2026 MSGP, which authorizes stormwater discharges associated with industrial activities in jurisdictions where EPA is the NPDES permitting authority, including Massachusetts, New...more

Jenner & Block

EPA Proposes Revisions to Lead and Copper Rule

Jenner & Block on

On December 6, 2023, EPA published a proposal to revise the National Primary Drinking Water Regulation for lead and copper under the Safe Drinking Water Act. The proposal would apply to public water systems, including...more

Troutman Pepper Locke

EPA’s New Proposed Maui Guidance: Underwhelming and Sneaky

Troutman Pepper Locke on

On November 20, with no fanfare at all, not even a press release, U.S. Environmental Protection Agency (EPA) issued its Draft Guidance: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean...more

Holland & Knight LLP

EPA Issues Guidance on Maui Factors

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) announced release of its Draft Guidance Regarding NPDES Permitting of Certain Discharges through Groundwater to Surface Waters (Draft Guidance) on Nov. 20, 2023, notice of which...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nonpoint Source Program/Grants Guidelines for States and Territories: U.S. Environmental Protection Agency Draft Revisions for...

The United States Environmental Protection Agency (“EPA”) issued a Draft Revision for Public Comment of the following document: Nonpoint Source Program and Grants Guidelines for States and Territories (“Draft Document”)...more

Troutman Pepper Locke

Another EPA Proposal to Overhaul the Water Quality Standards Program

Troutman Pepper Locke on

EPA has proposed to establish “baseline” water quality standards that would apply to all Indian reservation waters where the tribe has not received “treatment as a state” (TAS) authority, the state does not have authority,...more

Goldberg Segalla

The EPA Proposes New Wastewater Discharge Standards on Coal-Fired Power Plants

Goldberg Segalla on

The Environmental Protection Agency announced on March 29, 2023 new proposed wastewater discharge standards to reduce discharges of toxic metals and other pollutants from coal-fired power plants. Steam electric power plants...more

Schwabe, Williamson & Wyatt PC

EPA’s Proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule Could Cause Ripple Effects With Project...

On June 1, 2022, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would modify its requirements for water quality certification under Clean Water Act (CWA) Section 401 (the “Proposed Rule”). The...more

Lippes Mathias LLP

EPA Proposes New Water Quality Certification Rule in Response to Trump Administration’s 2020 Regulatory Changes

Lippes Mathias LLP on

On June 1, 2022, the U.S. Environmental Protection Agency (“EPA”) released a Proposed Rule aimed at modifying the Clean Water Act (“CWA”) Section 401 Certification Process in response to regulatory changes made by the Trump...more

Troutman Pepper Locke

EPA’s Clean Water Act Certification Proposal to Significantly Impact Hydropower Licensing

Troutman Pepper Locke on

On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401 rule (Certification Proposal), which, if finalized, is expected to have...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Nutrient Reduction Strategy Update: Arkansas Department of Agriculture/Natural Resources Division Seeking Public Comments

The Natural Resources Division (“NRD”) of the Arkansas Department of Agriculture issued a press release referencing what it describes as its Updated Arkansas Nutrient Reduction Strategy (“ANRS”)....more

Wiley Rein LLP

Don’t Be Left “On the Fence” with the EPA Fenceline Risk Screening Approach

Wiley Rein LLP on

ICYMI. . . the U.S. Environmental Protection Agency’s (EPA’s or Agency’s) Toxic Substances Control Act (TSCA) office is moving into evaluating whether there is unreasonable risk at industrial facility “fencelines.” What’s...more

(ACOEL) | American College of Environmental...

Toppling Caligula’s Column: Seeking a Viable, Durable WOTUS Rule

On December 7, 2021, EPA and the Army Corps of Engineers jointly issued a formal Proposed Rule to define “waters of the United States” (WOTUS) regulated under the Clean Water Act (CWA). Comments on the proposal are due by...more

Latham & Watkins LLP

EPA and Army Corps Seek to Redefine Waters of the United States

Latham & Watkins LLP on

The proposed definition would significantly extend the regulatory scope of the Clean Water Act. On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies)...more

Bricker Graydon LLP

U.S. EPA issues proposed revised WOTUS definition

Bricker Graydon LLP on

On November 18, 2021, the U.S. Environmental Protection Agency (EPA) and the Department of the Army announced a proposed rule to revise the definition of Waters of the United States (WOTUS). According to the agencies, the...more

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