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Department of Environmental Quality
EPA Rulemaking: “Waters of the United States”
Select Federal Natural Resource Management Committee
July 9, 2015
Todd Parfitt, Director
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Timeline of WOTUS rule development….
Milestones Date
Initiated 3/24/2011
Published in Federal Register (FR) 4/21/2014
Comment Period Extension Published in FR 6/24/2014
Comment Period Closed 7/21/2014
Comment Period Extension2 Published in FR 10/14/2014
Published in FR 10/24/2014
WDEQ Submits Comments on Draft Rule 11/14/2014
Comment Period Closed with Extension 11/14/2014
Withdrawal of the ‘Ag Interpretive Rule’ 01/29/2015
Final Rule Released by EPA 05/27/2015
Final Rule Effective (Published 6/29/15) 08/28/2015
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Congressional Actions Regarding Implementation of the new WOTUS rule…
• On April 30, Senator Barrasso introduced the “Federal Water Quality Protection Act” that would also require the Administration to start the rulemaking over, while adhering to a set of new definitions and principles that attempt to provide jurisdictional clarity for key water features. The bill is currently in the Senate Environment and Public Works committee.
• On May 1, the House passed an Energy and Water Appropriations Bill which includes a rider that would prohibit the agencies from implementing a new rule. This rider, should it remain in the appropriations budget, would take affect when funding is authorized for the next fiscal year.
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Increased Effects of WOTUS Expansion on WDEQ Roles and Responsibilities
• WYPDES Permitting
• WYPDES Inspections and Compliance
• WYPDES CBM Pond Reclamation (CWA 404 Permitting)
• CWA Monitoring and Assessment
• CWA TMDLs
• CWA 401 Certifications
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“…the Rule is an unwarranted expansion of federal government oversight on water quality matters that are most appropriately addressed at the State level.”
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