Clean Water Act Regulatory Updates Regulatory/Legislative Workshop, February 28, 2019

Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Basis of proposal Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Dependent upon new*or revised definitions of key terms Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Six categories of jurisdictional waters Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Six categories of jurisdictional waters Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Six categories of jurisdictional waters Regulatory/Legislative Workshop, February 28, 2019

WOTUS - 11 categorical exclusions Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Additional considerations Interstate waters No longer an independent category under the proposal; jurisdictional if they satisfy the conditions of another category of jurisdictional waters, i.e., TNWs or tributary. Effluent-dependent streams could be jurisdictional “As proposed, effluent-dependent streams would be included in the definition of “tributary” as long as they contribute perennial or intermittent flow to a traditional navigable water or territorial sea in a typical year.” With few exceptions all water transmission, distribution, and drainage ditches in Arizona will be non- jurisdictional. Discharges to these features could still be subject to CWA permitting. Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Illustration of potential impacts Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Illustration of potential impacts Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Example gap in surface water protection Regulatory/Legislative Workshop, February 28, 2019

WOTUS - Key takeaways for the arid West Most natural ephemeral, isolated surface water/wetland features non- jurisdictional Most man-made ditches excluded Pollutant discharges to natural & manmade surface water conveyance features could still trigger the need for a §402 permit Excluded ditches no longer subject to §404(f) Proposal largely benefits construction & development – no longer need §404 permit for excluded natural & manmade features Most likely will result in reduction in state §106 & §319 grant funding Likely to be challenged in multiple district courts Regulatory/Legislative Workshop, February 28, 2019

Other regulatory developments… Groundwater - County of Maui petition for review by the SCOTUS National Academy of Sciences MSGP Benchmarking Report NPDES Phase I Final Rule CWA Hazardous Substances Final Rule – Notice of Intent to Sue EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan Regulatory/Legislative Workshop, February 28, 2019

Regulatory/Legislative Workshop, February 28, 2019 Next Steps… Regulatory/Legislative Workshop, February 28, 2019