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

2. Regulatory/Legislative Workshop, February 28, 2019

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

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

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

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

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

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

9. 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

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

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

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

13. 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

14. 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

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