Comment Deadline Extended: Proposed Wetlands Permit Guidance

Contractors now have more time to comment on the proposed “Guidance on Identifying Waters Protected by the Clean Water Act.”  The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) extended the comment period by 30 days and will accept comments through July 31, 2011. As previously reported, AGC requested an extension of the comment period, pointing out that 60 days is not enough time to review and respond to the wide scope of the draft guidance.  The proposed guidance would expand the reach of the Clean Water Act (CWA) by broadly interpreting what waters can be considered “waters of the United States.”  The guidance then extends that interpretation to all programs authorized under the Act, including Section 404 wetlands permits, stormwater and oil spill programs. EPA and the Corps have requested public input on the “Guidance on Identifying Waters Protected by the Clean Water Act,” proposed on May 2, 2011.  The agencies intend to use the guidance—and the comments received in response to the draft—to inform a future rulemaking.  AGC requests that members and Chapters send comment letters to the agencies on how it will affect field operations under the Section 404 dredge and fill (or “wetlands”) permitting program and under other CWA programs. Members can submit comments easily by using a customizable comment letter (click here).  After customizing the letter, submit it via e-mail to EPA at ow-docket@epa.gov.  Reference “Docket ID No. EPA-HQ-OW-2011-0409” in the subject line of your e-mail.  Or go to the Federal eRulemaking Portal at http://www.regulations.gov and follow the instructions for submitting comments. EPA must receive comments by July 31, 2011. AGC is a long-standing member of the Waters Advocacy Coalition (WAC) and is currently working with that coalition to prepare a formal industry response to the agencies.  WAC is a coalition of 31 industry organizations from a wide range of industry sectors. Background Information For more information on the guidance, click here for an eight-page summary of the key points.  To read a short fact sheet and summary article, go to the May 27 Observer article.  The proposed guidance is online at EPA’s website.  The fact sheets and customizable letters were prepared and are being circulated by members of the WAC.