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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