On Thursday, December 21, 2023, EPN submitted comments on EPA’s draft guidance to implement the U.S. Supreme Court’s decision on Maui v. Hawaii Wildlife Fund. We support the proposed guidance, which outlines the types of information that may be used to show that a discharge through groundwater is regulated under the Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permitting program using a functional equivalent analysis. This draft guidance will help states more fully understand the necessary analysis needed to make a functional equivalent determination.
Read the comments.