News

Appropriations and COVID-19 Bill Summaries

On Monday, December 21, 2020, Congress unveiled a long-awaited funding package that included all 12 appropriations measures and additional coronavirus relief measures.

The Interior-Environment funding bill passed at $36.107 billion, showing an increase of $118 million over the 2020 enacted level and $4.5 billion over the White House’s proposed FY21 budget. It includes $13.7 for the Department of Interior and $9.24 billion for EPA, both of which are also funded above than the FY20 level and the President’s FY21 proposal. Highlights from the Interior-Environment bill include: $900 million for the Land and Water Conservation Fund (LWCF); $53 million for EPA’s scientific, regulatory, and cleanup work on PFAS; and $4.31 billion for State and Tribal Assistance Grants, including $2.77 billion for the Clean Water and Drinking Water State Revolving Funds.

The Energy & Water Development funding bill provides $49.5 billion in discretionary funding, which is $1.1 billion above the enacted FY20 level and $6.9 billion above President Trump’s FY21 proposed budget. It provides $7.8 billion to the Army Corps of Engineers (an increase of $145 million from FY20) for investigations, construction, operations and maintenance, trust funds, studies, loans, and more.

The spending package additionally contains $900 billion in emergency coronavirus relief.

To read a division-by-division summary of the appropriations provisions, click here. For a division-by-division summary of the coronavirus relief provisions, click here. The full bill text is available here.

Army Corps Finalizes Nationwide Permits

The U.S. Army Corps of Engineers (Corps) finalized the reissuance and modification of nationwide permits on January 4, 2021. The final rule has not yet been published in the Federal Register but a pre-publication version is available on the Corps website. In this final rule, the Corps is reissuing and modifying 12 existing NWPs and issuing four new NWPs. For these 16 NWPs, the Corps is also reissuing and modifying the NWP general conditions and definitions. The Corps is not reissuing or modifying the remaining 40 existing NWPs or finalizing proposed new NWP E at this time. Those 40 remaining NWPs continue to be in effect under the January 6, 2017, final rule and the existing general conditions and definitions in the 2017 final rule continue to apply to those permits. These 16 NWPs, the 32 general conditions, and the associated definitions will go into effect 60 days from the date of publication in the Federal Register.

EPA Publishes Effluent Guidelines Plan 14

EPA has released Effluent Guidelines Program Plan 14 under Clean Water Act section 304(m). EPA is required to biennially publish a final plan for new and revised effluent limitations guidelines for the control of wastewater discharges from industrial categories after public review and comment. Plan 14 discusses EPA’s decision to conclude the Petroleum Refining Category study and planned next steps for the detailed study on the Electrical and Electronic Components Category. Plan 14 provides an update on the PFAS Multi-Industry study, the scope of which includes organic chemical manufacturers, airports, rug and textile manufactures, pulp and paper manufacturers, and the metal finishing point source category. Additionally, Plan 14 provides details on upcoming revisions to 40 CFR Part 437 to increase flexibility for centralized waste treaters who treat produced water from oil and gas extraction as well as a notice of proposed rulemaking to consider BAT limitations for two waste streams (landfill leachate and legacy wastewater) for the steam electric power generating point source category that were vacated in an April 2019 decision in U.S. Court of Appeals for the Fifth Circuit; and an advance notice of proposed rulemaking for the Organic Chemicals, Plastics, and Synthetic Fibers point source category to solicit additional information or data about PFAS manufacturers and formulators.

For more information, click here.

EPA Finalizes Science Transparency Rule

EPA released a final rule effective January 6, 2021 titled Transparency in Significant Regulatory Actions and Influential Scientific Information. 

The rule, which was first proposed in 2018, outlines a procedure for how EPA will identify and consider pivotal science while conducting certain business. When promulgating significant regulatory actions and/or developing and using influential scientific information, EPA will give greater consideration to pivotal science for which the underlying dose-response data are available in a manner sufficient for independent validation. Applicable data under the rule includes studies underpinned by dose-response data only and does not also include dose-response models. Independent validation is sought by the rule to enable subject matter experts to independently reanalyze any applicable data to re-affirm original research conclusions in support of ad-hoc or cyclical reviews (e.g., national primary drinking water regulations). The rule also defines key terms necessary to implement the procedure for purposes of the Rule, including dose-response data, independent validation, influential scientific information, pivotal science, and significant regulatory actions. 

The rule notes that EPA will not categorically exclude any studies in EPA actions, but will give certain studies less consideration if their underlying data are not or cannot be made publicly available.  Further, the rule provides a process for the EPA Administrator to exempt an applicable study from the procedural requirements when at least one of five criteria are met. Regardless of procedural outcome, EPA is to publish its rationale for all studies evaluated for potential use in the proposed rule stage of EPA actions.

The rule notes EPA intends to publish statute-specific rules or guidance to clarify how the rule will be implemented among specific statutory programs (e.g., Clean Water Act). The rule does not retroactively apply to EPA actions.

The rule is available here; an EPA FAQ is available here ; and EPA’s press release is available here. ACWA has summarized the Rule to assist states, available here.

EPA Releases Second National Rivers and Streams Assessment Report, Seeks Input on Methodologies to Conduct National Assessments

Rivers and streams shape America’s landscape. They support fish and other aquatic life and provide food and habitat for birds and wildlife. Rivers and streams provide us with water for drinking, irrigation, hydropower, navigation, waste management, industrial use, and recreation. Indeed, rivers and streams are vital to our country’s history, culture and economy. The National Rivers and Streams Assessment Report (NRSA) report provides a snapshot of the quality of perennial rivers and streams across the U.S. during the sampling period. The report also includes information on the changes from the previous rivers and streams survey in 2008–09.

The NRSA is one of four National Aquatic Resource Surveys (NARS), an EPA, state, and tribal partnership. CWA Sections 104(a) and (b) collectively grant the EPA Administrator authority to investigate and report on water quality across the country. Under this authority, EPA collaborates with states, tribes, and other federal agencies to implement a consistent approach to monitoring at sites selected using a randomized design and uses these data to generate cost-effective assessments of the extent of the nation’s waters supporting CWA goals. NARS data also inform and benefit the national water quality inventory report that EPA prepares for Congress pursuant to CWA Section 305(b)(2). These surveys provide national and regional context to support the important water quality studies conducted by states, tribes, and other organizations to address local water quality priorities.

The Report, technical support document, results dashboard, data files, and a pre-publication Federal Register notice are available here. Through the Federal Register Notice, EPA is requesting comments on the methodologies for conducting the NRSA assessment, including approaches for setting benchmarks that interpret the data.

 ***Click here to access the full NRSA 2013-14 Report.***

EPA wishes to thank state and tribal water quality managers for the expertise and hard work that their staff dedicate to completing National Aquatic Resource surveys. To put it simply, the collaborative surveys could not be completed without state and tribal participation.

Key Findings – National Rivers and Streams Assessment 2013-14: A Collaborative Survey

The results below represent the full population of river and stream miles assessed during the rivers and streams survey (i.e., 1.2 million perennial river and stream miles) for all indicators except contaminants in fish fillet tissue. Contaminants in fish fillet tissue were assessed in larger river systems (rivers that are 5th order or greater), and results are for this sampled population of river miles. For more information on benchmarks and indicators, see Chapters 2 through 4 and the NRSA 2013–14 Technical Support Document.

Biological indicators: The survey looked at two types of biological indicators: 1) benthic (bottom dwelling) macroinvertebrates such as dragonfly and stonefly larvae, snails, worms, and beetles, and 2) fish. Of the nation’s river and stream miles, 30% (365,850 miles) were rated good based on benthic macroinvertebrate scores relative to the least-disturbed reference distribution, and 26% (319, 899 miles) were rated good based on fish community scores relative to the least-disturbed reference distribution.

Chemical indicators: NRSA reports on four chemical stressors: total phosphorus, total nitrogen, salinity and acidification. Fifty-eight percent (706,754 miles) of the nation’s rivers and streams were rated poor for phosphorus relative to the least-disturbed reference distribution, and 43% (522,796 miles) were rated poor for nitrogen relative to the least-disturbed reference distribution. The data collected for this report indicate that a finding of poor biological condition based on benthic macroinvertebrates was almost twice as likely in rivers and stream miles rated poor for nutrients.

Physical habitat indicators: Four indicators of physical habitat were assessed for NRSA 2013–14. Three were compared to least-disturbed reference sites’ in‐stream fish habitat, streambed excess fine sediments, and riparian vegetative cover (vegetation in the land corridor surrounding the river or stream). Riparian disturbance (human activities near the river or stream) was scored based on number and proximity of features such as roads and buildings. Physical habitat indicator scores revealed that 64% (778,585 miles) of river and stream miles were rated good for in-stream fish habitat. In addition, 58% (701,763 miles) of river and stream miles had good ratings for riparian vegetation, and 52% (627,829 miles) scored good for streambed sediment levels. Benthic macroinvertebrate condition was almost twice as likely to be rated poor when sediment levels were rated poor than when they were rated fair or good.

Human health indicators: The survey evaluated river and stream quality compared to three indicators that provide insight into potential risks to human health: enterococci (bacteria that indicate fecal contamination), microcystins (naturally occurring algal toxins), and contaminants in fish tissue. The results for enterococci were below the EPA criteria recommendations for pathogens in 69% (833,529 miles) of river and stream miles. Cyanobacteria can produce a variety of toxins; the rivers and streams survey measured levels of one of these — microcystins. Only a small proportion of miles — 0.1% — had microcystins concentrations exceeding the EPA recommended recreational swimming advisory level (see Appendix A). Mercury, polychlorinated biphenyls (PCBs) and certain per- and polyfluoroalkyl substances (PFAS) were present in fish tissue, with occurrence varying by contaminant. Mercury concentrations in fillet composite samples were above the EPA fish tissue-based water quality criterion recommendation for methylmercury in 24% (25,119 river miles) of the sampled population of river miles. For PCBs, 40% (24,583 river miles) of the sampled population of river miles had fish fillet PCB concentrations above the EPA human health fish tissue benchmark. Concentrations of perfluorooctane sulfonate (PFOS), one of the most dominant PFAS in freshwater fish tissue, were above the EPA human health fish tissue benchmark in fish fillets in 3% (3,490 river miles) of the sampled population of river miles.

Announcement of EPA’s Final Rule Establishing Aluminum Aquatic Life Criteria Applicable to Oregon

On December 30, 2020, EPA finalized a federal rule to help protect aquatic life from exposure to harmful levels of aluminum in fresh waters in the state of Oregon that are jurisdictional under the Clean Water Act (CWA). The federal rule establishes aquatic life criteria and was developed under a consent decree to establish state-wide aluminum criteria for Oregon by December 31, 2020. The final criteria for Oregon are based on EPA’s peer-reviewed 2018 national CWA Section 304(a) recommended freshwater aquatic life criteria for aluminum. EPA communicated regularly with Oregon during the development of the rule and will provide technical assistance to the state to implement the criteria.

For more information, click here.

Request for Applications: Great Lakes Restoration Initiative Trash-Free Great Lakes Program

EPA announced that it is seeking a second round of applications under the Great Lakes Restoration Initiative (GLRI) grant program focused on keeping trash out of the Great Lakes. Approximately $5 million is available through the Trash-Free Waters Great Lakes program to fund approximately 10 large-scale projects to remove trash from Great Lakes harbors, rivermouths, and waterfronts. The deadline for applications is March 5, 2021.

In October 2019, EPA Administrator Wheeler announced the GLRI Action Plan III, an aggressive plan to guide Great Lakes restoration and protection activities by EPA and its many partners over the next four years. The trash-free water projects EPA selects will support the larger GLRI effort to restore and protect the Great Lakes.

Mismanaged or misplaced trash, including litter or garbage, can degrade aquatic habitats, threaten aquatic wildlife, and interfere with human uses of lake, coastal, and riparian environments. These grants will support large-scale projects that use mechanical devices, vessels and other technology to remove trash from Great Lakes harbors, rivermouths and waterfronts. With these grants, EPA intends to increase the number of Great Lakes communities with operational large-scale aquatic trash collection devices that will continue to be used after project funding has ended. The minimum award is $300,000 and the maximum award is $1,000,000.

State agencies, federally recognized tribes and tribal consortia, any agency or instrumentality of local governments, nonprofit organizations, interstate agencies, and colleges and universities are eligible to apply for the grants.

For more information: EPA will host a webinar on January 26, 2021, at 2:00 PM Central Time to provide additional information and answer questions. To register for the webinar or learn more about the request for applications, click here.

EPA Releases Third Water Reuse Action Plan Quarterly Update

This week, EPA released its third quarterly update featuring WRAP activities from October through December 2020. The quarterly update opens with a final message of encouragement and reflection from EPA Assistant Administrator for Water David Ross, urging water stakeholders to seek new opportunities for collaboration as we near the one-year anniversary of the WRAP’s release. Since the release of the Action Plan in February, the 30 WRAP action leaders and more than 90 collaborating partners have collectively completed 139 out of 322 implementation milestones.

Learn more and read the quarterly update here.

EPA Issues Federal Facility Compliance Advisory

This advisory, titled Federal Facility Compliance Under EPA’s National Compliance Initiative to Reduce Significant Noncompliance with CWA NPDES Permits, is intended to notify federal facilities with NPDES permits about an EPA-State enforcement and compliance initiative focused on improving permit compliance and to help permittees with compliance problems achieve or maintain compliance. Please share with any affected facilities in your state.

Association Updates

Criminal Negligence Standard Proposal

On Friday, January 8, 2021, ACWA submitted a comment letter in support of the Criminal Negligence Standard for State Clean Water Act 402 and 404 Programs rule. A copy of the comment letter can be found here. A copy of the published version of this rule proposal can be found here.

Meetings and Webinars

EPA Virtual Integrated Planning Roundtable

Date: January 13, 2021 | 11:30 AM-2:30 PM Eastern Time

Registration for States/EPA: Click here

This January, EPA will be hosting a virtual roundtable on Integrated Planning with state permitting authorities to give an update on EPA’s Integrated Planning efforts, explain technical assistance opportunities, and provide an opportunity for peer-to-peer exchange among states and EPA. The agenda for the roundtable includes the following:

• Update from EPA
• State experiences with incorporating a municipality’s integrated stormwater and wastewater plan in NPDES permits:
  • Shelly Shores-Miller from the Kansas Department of Health and Environment
  • Michael Abbott from the Missouri Department of Natural Resources
  • Adam Eller from the Virginia Department of Environmental Quality
• Small-group breakout sessions to answer questions and discuss ideas for making it easier to review and incorporate integrated plan elements in NPDES permits or other Clean Water Act obligations

NPDES eRule Webinar

Date: Tuesday, January 19, 2021 | 2:30-4:30 PM Eastern Time

Registration: Click here

The U.S. EPA Office of Compliance invites you to participate in an important webinar regarding the status of implementation of the “NPDES eRule” and EPA’s plans for working with NPDES States in the months and years ahead. EPA Regional and state NPDES permitting, enforcement, and information technology staff are encouraged to attend and participate in this webinar. We are reserving 30 minutes of this meeting for your questions and comments.

This webinar will provide an overview of recent changes to the NPDES eRule that will help ensure a smoother transition from paper to electronic reporting for the NPDES program. In particular, EPA issued a final rule in early November postponing the compliance deadline for Phase 2 implementation of NPDES eRule by five years and providing states with additional flexibility to request even more time as needed. See 85 Fed. Reg. 69,189 (Nov. 2, 2020).  The final rule also makes changes to the NPDES eRule to clarify existing requirements and eliminate some duplicative or outdated reporting requirements.

This webinar will also provide updates on the following topics:

• Tracking Implementation of the NPDES eRule
• Overview of EPA support for NPDES eRule implementation
• Update on EPA tool development for NPDES eRule implementation
• Update on NPDES Noncompliance Report development
• Update on a new draft data mapping template for Phase 2 data
• Plans for ICIS modernization and how it could affect NPDES eRule Phase 2 implementation

This webinar will help states better understand EPA’s current overall approach and schedule for implementing Phase 2. EPA encourages all states to attend. If, however, you cannot attend, a recording and transcript of the webinar and questions and answers will be available afterwards.

EPA’s Transportation Stormwater Permit (MS4) Compendium

Date: February 3, 2021 | 2:00-3:00 PM Eastern Time

Registration: Click here

Stormwater discharges from roadways, including those within defined urbanized areas, are often covered under the NPDES Municipal Separate Storm Sewer System (MS4) regulations. State Departments of Transportation (DOTs) may be co-permittees with Phase I MS4s under a Phase I permit or small MS4s under either an individual or general Phase II MS4 permit. These permits typically include requirements related to pollution prevention, public education, public involvement, construction, post-construction for new development and redevelopment, and illicit discharge detection and elimination. Transportation stormwater management differs from traditional MS4 stormwater management in several ways, so transportation MS4 permit requirements are sometimes written differently.

This webinar will discuss EPA’s “Transportation Stormwater Permit Compendium,” a compendium of excerpted permit language from MS4 permits and other resources that can be used and/or tailored for transportation-specific MS4 permits. The webinar will discuss characteristics specific to transportation MS4s and roadway runoff, and will provide example excerpts of State DOT MS4 permits addressing various aspects of stormwater management for linear infrastructure projects.

Presenters

• Heather Goss, U.S. Environmental Protection Agency
• Susan Jones, U.S. Department of Transportation – Federal Highway Administration

Job Opportunities

Unit Manager – Surface Water | Arizona Department of Environmental Quality

Location: Phoenix, AZ

Closing Date: Open until filled

As ADEQ’s Surface Water Monitoring Unit Manager, you will work with fellow Unit Managers and the Value Stream manager to ensure unit operations are efficient and effective. Unit operations include: 1) Developing and executing sampling plans, standard operating procedures, and quality assurance plans to conduct statewide water quality sampling on lakes, streams and rivers; 2) Completing and submitting Clean Water Act documents, reports, metrics, including review of, creating and updating surface water quality standards; 3) Water quality data entry, analysis and project management, and associated reports to be submitted to the EPA, including statewide assessments of Arizona waters; 4) Creating and maintaining GIS products for Clean Water Act regulatory purposes, including updating flow regime maps and analysis of data.

For more information on the position and how to apply, click here.

Assessment Coordinator, Environmental Scientist & Specialist – Advanced | New Mexico Environment Department

Location: Santa Fe, New Mexico

Closing Date: Open until filled

This position is responsible for preparing the SWQB Assessment Protocols, assessing surface water quality data to develop the Clean Water Act List of Impaired Waters, preparing the CWA 303(d)/305(b) Integrated Report, and for occasional TMDL development. This position contributes to the fulfillment of CWA 106 grant commitments and to meeting CWA 303(d)/305(b) assessment and TMDL goals.  This position is primarily responsible for developing assessment protocols, leading the collation and assessment of water quality data, and the preparation of the Clean Water Act 303(d)/305(b) Integrated Report. The position is also responsible for the development of TMDL documents and related implementation or restoration plans through data analysis and environmental modeling. This position will also present documents to stakeholders during public meetings and for approval to the Water Quality Control Commission.

For more information on the position and how to apply, click here.

EPA Recently Recorded Webinars (SNC NCI Support)

Flow Measurement
Presenters: Louis Salguero, US EPA Region 4 (Athens, GA) and Cornell Gayle, US EPA Region 4 (Atlanta, GA)
Presented on December 8, 2020
Recording: https://attendee.gotowebinar.com/recording/11309988110613264

Asset Management 101 – Finding Financial Assistance for Infrastructure Upgrades
Presenters: Alison Flenniken (US EPA), Sarah Buck, Rural Community Assistance Partnership (RCAP), and Heather Himmelberger, PE Southwest Environmental Finance Center.
Presented on April 15, 2020
Recording: https://attendee.gotowebinar.com/recording/4273087420871591174

Discharge Monitoring Reports—Avoiding Common Mistakes
Presenters: Juan Ibarra, Cornell Gayle, Emilio Llamozas, Jake Nguyen (US EPA).
Presented on July 15 and August 20, 2020 (to correct poor audio)
Recording: https://attendee.gotowebinar.com/recording/4719336312441413633

The Microbiology of Wastewater Treatment – Life in the Aeration Tank: Bacteria, Protozoa and Metazoa
Presenter: Jon van Dommelen, OH EPA Compliance Assistance Unit
Presented on November 17, 2020
Recording: https://attendee.gotowebinar.com/recording/5062683009439756812

Troubleshooting Noncompliance at the Smallest Wastewater Treatment Plants – Part 1 (Ohio’s Package Plant Initiative, Nutrient Conversion)
Presenter: Jon van Dommelen, OH EPA Compliance Assistance Unit.
Presented on October 17, 2019
Recording: https://attendee.gotowebinar.com/recording/703651561190809864

Troubleshooting Noncompliance at the Smallest Wastewater Treatment Plants – Part 2 of 2 (Solids Separation and Disinfection)
Presenter: Jon van Dommelen, OH EPA Compliance Assistance Unit.
Presented on November 13, 2019
Recording: https://attendee.gotowebinar.com/recording/119643760635460353

Optimizing Nutrient Reduction in Small Wastewater Treatment Plants
Presenter: Jon van Dommelen, OH EPA Compliance Assistance Unit.
Presented on December 11, 2019
Recording: https://attendee.gotowebinar.com/recording/1681811190301242892

Alkalinity Testing for Better Process Control in Small Wastewater Treatment Plants– Subset of Ammonia Noncompliance
Presenter: Jon van Dommelen, OH EPA Compliance Assistance Unit.
Presented on January 29, 2020
Recording: https://attendee.gotowebinar.com/recording/3324860894793983234

Optimizing Performance of Facultative Wastewater Lagoon Systems, Part 1 of 2
Presenter: Steve Harris, President H&S Environmental, LLC.
Presented on February 19, 2020
Recording: https://attendee.gotowebinar.com/recording/8160184280240603907

When Small POTWs Should Establish a Pretreatment Program
Presenters: Jan Pickrel (EPA HQ) and Al Garcia EPA Region 8 (Denver, CO).
Presented on June 17, 2020
Recording: https://attendee.gotowebinar.com/recording/7384083005289820929

Best Management Practices for POTW Compliance: Critical Elements of Successful Wastewater Treatment- Part 1, (Sampling and Monitoring – Compliance v. Process Control, Implementing a Process Control Plan and Making Operational Adjustments, Managing Effective and Educated Operators)
Presenters: Jake Albright PG Environmental, and Bill Ingram Great Barrington, MA WWTP Superintendent.
Presented on August 18, 2020
Recording: https://attendee.gotowebinar.com/recording/1623734991672921867

Best Management Practices for POTW Compliance: Critical Elements of Successful Wastewater Treatment- Part 2, (Creating and implementing effective SOPs, Managing your WWTP to promote compliance, finding technical assistance programs and resources)
Presenters: Jake Albright PG Environmental, Heather Himmelberger PE, Director Southwest Environmental Finance Center.
Presented on September 15, 2020
Recording: https://attendee.gotowebinar.com/recording/7160385167586176770

Strategies for Small POTWs Handling High Strength Influent (Pretreatment/non-domestic sewage, establishing local limits, examples regarding dairies and breweries)
Presenters: Justin Pimpare, EPA Region 1 (Boston, MA) and Al Garcia EPA Region 8 (Denver, CO)
Presented on October 20, 2020
Recording: https://attendee.gotowebinar.com/recording/8027729418373277708