News

Office of Water Releases a BIL Implementation Question & Answers Document

The Office of Water released updated questions and answers document on the Bipartisan Infrastructure Law implementation to help states and borrowers understand BIL SRF process. The questions and answers are organized by topic area and the agency has committed to continuously updating the document through the implementation process.

Wastewater Technical Assistance to Small Communities – At NO COST!

Moonshot Missions, partnered with the Southwest Environmental Finance Center, has received EPA funding to provide wastewater technical assistance at NO COST to small, rural and tribal communities. Small wastewater treatment systems included in this funding are ones that treat up to 1 million gallons per day (MGD) or serve a population of less than 10,000 people. The types of technical assistance Moonshot will provide include:

Identification of potential operational, and/or capital, improvement projects to achieve compliance, improve environmental performance and reduce costs
Assistance with funding applications, especially State Revolving Fund (SRF), including the planning, design, permitting, application and bid review phases

This technical service is at NO COST to these communities, thanks to the EPA funding Moonshot and partners are receiving.

Moonshot is seeking to partner with federal, state and tribal clean water administrators to gather a list of communities and/or utilities that need assistance. Please fill out the brief survey below to help Moonshot identify and assist these communities in need!

SURVEY LINK CLICK HERE

For more information about this EPA technical assistance grant, click here.

New EPA Interim Guidance on MS4s

On July 20, EPA published new “interim” guidance relating to how NPDES permitting authorities may implement their MS4 programs in light of recent changes to the U.S. Census Bureau’s urban area mapping criteria. The interim guidance is available at: https://www.epa.gov/npdes/interim-guidance-census-elimination-urbanized-area-definition.

On March 24, 2022, the Census Bureau finalized revisions to its criteria for defining urban areas based on the results of the 2020 Decennial Census. As part of that action, the Census Bureau ceased distinguishing between different types of urban areas, which includes “urbanized areas.” This means that the Decennial Census, starting in 2020 and into the future, will not identify “urbanized areas.” Because the Phase II regulations are written to cover MS4s located in “urbanized area[s] as determined by the latest Decennial Census,” questions have arisen about what effects the Census Bureau’s new change has on which systems are considered regulated small MS4s moving forward.

EPA is currently evaluating next steps to provide clarity on this issue, including whether revisions to the Phase II stormwater regulations may be appropriate. This interim guidance is intended to provide permitting authorities with implementation suggestions during the period of time prior to EPA taking additional steps to address this change.

For further information, please contact Heather Huddle at huddle.heather@epa.gov.

Review of the 5th National Climate Assessment: Call for Nominations

The National Academies’ Board on Atmospheric Sciences and Climate (BASC) and Board on Environmental Change and Society (BECS) are currently soliciting nominations for a new ad hoc committee to conduct an independent technical review of the 5th National Climate Assessment (NCA5) draft report, which is expected to be made available for review in late fall 2022. The NCA5 is intended to provide an up-to-date evaluation and summary of the current and projected impacts of climate change on the United States, with detailed discussion of regional effects.

The National Academies is seeking individuals to serve on the committee with expertise in key areas addressed in the NCA5, including climate science and mitigation, human and environmental health, systems science, environmental justice, tribal and indigenous communities, ecosystems and biodiversity, and agriculture. For the full list of key expertise areas, please review the call for nominations form.

Nominations are due by Monday, August 1, 2022. Submit a nomination here.

EPA Issues Final Rule Requiring TRI Reporting on Five PFAS, Draft TRI NAICS Code Updates

PFAS Reporting: On July 18, as a follow up to a January 2022 announcement, EPA issued a final rule to update the Toxics Release Inventory (TRI) chemical list to identify five additional PFAS subject to reporting requirements.

The Fiscal Year 2020 National Defense Authorization Act (NDAA) provides the framework for the addition of PFAS to the TRI each year. As previously announced, for TRI Reporting Year 2022 (reporting forms due by July 1, 2023), reporting is required for four additional PFAS. This final rule officially incorporates these requirements into the Code of Federal Regulations (CFR) for TRI. Additionally, this TRI update provides a conforming edit to the CFR to include a PFAS that met TRI listing requirements under the NDAA as of Reporting Year 2021.

The 2020 NDAA includes a provision that automatically adds PFAS to the TRI list upon the agency’s finalization of a toxicity value. In April 2021, EPA finalized a toxicity value for the following three chemicals and therefore they were added to the TRI. Reporting forms for these three PFAS will be due to EPA by July 1, 2023, for calendar year 2022 data.

Perfluorobutane sulfonic acid also known as PFBS (Chemical Abstracts Service Registry Number (CASRN) 375-73-5)
Perfluorobutanesulfonate (CASRN 45187-15-3)
Potassium perfluorobutane sulfonate (29420-49-3)

Addition of one PFAS no longer claimed as confidential business information: Under NDAA section 7321(e), EPA must review confidential business information (CBI) claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). EPA previously identified one PFAS, CASRN 203743-03-7, for addition to the TRI list based on the NDAA’s provision to include certain PFAS upon the NDAA’s enactment. However, due to a CBI claim related to its identity this PFAS was not added to the TRI list at that time. The identity of this PFAS was subsequently published in an update to the TSCA Inventory in October 2021 because at least one manufacturer did not claim it as confidential during prior reporting under the Chemical Data Reporting (CDR) rule. Because it was no longer confidential, it was added to the TRI list. Reporting forms for this PFAS will be due to EPA by July 1, 2023, for calendar year 2022 data.

Addition of one PFAS subject to a significant new use rule: The NDAA identifies certain regulatory activities, such as being subject to a significant new use rule (SNUR), that automatically add PFAS or classes of PFAS to the TRI beginning January 1 the following year. Last year, EPA updated the CFR with three PFAS that were added to the TRI on January 1, 2021, pursuant to section 7321(c) of the NDAA, due to their addition to an existing SNUR under the Toxic Substances Control Act. EPA has since determined that one additional PFAS, CASRN 65104-45-2, was designated as “active” on the TSCA Inventory and was added to the SNUR in 2020. Because this chemical met the structural definition in the rule and was designated “active,” it triggered automatic addition to TRI under the NDAA, effective January 1, 2021. The first reporting forms for this PFAS, which met NDAA conditions as of January 1, 2021, were due to EPA by July 1, 2022, for calendar year 2021 data.

NAICS Code Update: Also this week, EPA proposed a rule that would update the North American Industry Classification System (NAICS) Codes for reporting to TRI to conform to the 2022 NAICS codes. This update would not change any TRI reporting requirements or have an impact on which facilities are required to report to TRI. When a facility submits a report to TRI, it uses a NAICS code to identify the principal business activity at the facility. Every five years, the Office of Management and Budget (OMB) updates the NAICS codes. OMB’s most recent update went into effect in January 2022. The TRI Program currently uses the 2017 set of codes, but this proposed rule would update the codes to the 2022 revision published by OMB.

If finalized before January 1, 2023, this rule would require facilities reporting to TRI to use 2022 NAICS codes on reports that are due to the agency by July 1, 2023. The actual data required by a TRI form will not change as a result of this rulemaking, nor will the rule affect the universe of TRI reporting facilities that are required to submit reports to the Agency under the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313. It would simply modify the codes that some facilities use on their TRI reporting forms.

When TRI introduced NAICS codes to its reporting in 2006, they replaced the Standard Industrial Classification (SIC) codes that were used previously. When the NAICS codes were updated in 2012, some NAICS codes, which correspond, at least in part, to TRI-covered SIC codes were inadvertently not updated. Therefore, EPA is proposing housekeeping edits to the list of NAICS codes to ensure that all TRI-covered codes have been properly updated.

EPA will accept comments on the proposed rule for 30 days following publication in the Federal Register via docket EPA-HQ-OPPT-2022-0387 at www.regulations.gov. A full list of the modified NAICS codes for TRI reporting can also be found in the Federal Register Notice.

Association Updates

ACWA Leadership Elections – Vote Today!

The ACWA Leadership Election ballot is open.

Along with the Executive Officers, the odd Regions are up for election this year. Please cast your vote no later than Noon ET on August 1, 2022. All “members in good standing” may participate in these elections, but cast only one vote per state/interstate. The “member in good standing” is the formal or primary ACWA representative for the state/interstate agency that paid dues for the previous fiscal year (FY20221). If you are unsure whether your FY2022 dues are paid, feel free to reach out to Julia Anastasio or Annette Ivey.

Save the Date – 2022 National Stormwater Roundtable

October 19 – 21, 2022
Boston, Massachusetts

Purpose:
The 2022 National Stormwater Roundtable supports implementation of federal and state municipal, industrial, and construction stormwater programs nationwide by sharing best management practices, showcasing innovative federal and state programs and initiatives, highlighting new technologies, facilitating discussion on national program enhancements and improvements, identifying state resource needs including tools, training and guidance, and proposing solutions to challenges and barriers faced by the regulators and other stakeholders.

Attendees:
The Stormwater Roundtable is national face to face meeting specifically organized by state and federal regulators for EPA and state program staff representatives. Attendees include:

State managers, permit writers, inspectors, and compliance staff involved in regulating stormwater

EPA Headquarter and Regional staff involved in stormwater regulation
Partnering state and federal agency staff that provide technical and/or regulatory assistance to the stormwater program
Invited guests

Website: 2022 National Stormwater Roundtable – Boston, Massachusetts

ACWA Survey: EPA Fact Sheets

In January 2022, EPA sought public comment on the 29 fact sheets developed for each of the industries covered by the EPA industrial stormwater Multi-Sector General Permit (MSGP). Example areas in the fact sheets for update included common activities for sector, pollutant sources, associated pollutants, and best management practices. ACWA developed a survey to prepare states for upcoming EPA-held listening sessions. More than one person from the state is welcome to respond no later than Friday, July 29, 2022. This survey questions require a working knowledge of your state’s industrial stormwater program and should take ~10 minutes to complete. States can access the survey here.

ACWA Survey – ICIS-NPDES and Environmental Policies

General Background
EPA is planning to modernize the Integrated Compliance Information System (ICIS). ACWA is seeking state input to identify environmental policy/guidance/regulation issues that may need to be addressed as part of the ICIS modernization effort. Your input via an ACWA questionnaire is requested by Friday, August 5, 2022. The amount of time this survey takes will depend on the number of policies identified. Multiple responses from a state are encouraged.

The goal of this questionnaire is to identify:

Environmental policies, guidance, or regulations which have led to challenges or inefficiencies in data management or ICIS-NPDES use, and/or
Instances in which ICIS implementation has led to significant burden resulting in very little environmental benefit.

A copy of the questionnaire can be found here.

Annual Meeting Lodging

Registration for Annual Meeting lodging with the group discount code will close on July 26^th. If you’re joining us in Memphis, make sure to book your room at the Guest House at Graceland as soon as possible! You can register for the meeting through your ACWA member portal, or can reach out to Kara McCauley for registration assistance.

We are looking forward to gathering face to face for the first time in two years! Join us as we celebrate reconnecting with colleagues and kick off the celebration of the 50^th Anniversary of the Clean Water Act. As part of the celebration, the ACWA Board of Directors has decided that there will be no registration fee for the meeting. You can view the current agenda here.

Meetings and Webinars

Engineering Initiative Webinar Series: Analysis and Overview of New Chemicals Rework Issues

Date: Wednesday, July 27, 2022
Time: 1:00-2:00 EST
Register Here

Join EPA’s New Chemicals Program for a webinar on Wednesday, July 27, 2022, from 1:00 – 2:00 pm Eastern Daylight Time. During the webinar, EPA will provide an in-depth look at the Agency’s analysis of common issues that cause EPA to have to reconduct risk assessments (“rework”) before taking questions from the audience.

In June 2022, EPA announced a broad outreach effort to describe and to discuss with stakeholders how the Agency evaluates engineering data (i.e., data related to environmental release and worker exposure) provided for new chemicals submissions and common issues that cause EPA to have to rework risk assessments for these submissions. To identify the most common reasons for rework delays, EPA analyzed which types of engineering data were most often submitted as additional information after the review had commenced, whether this additional information resulted in a revised risk assessment, and the most common data elements and information gaps that resulted in a revision.

In the kNOW Webinar — Life Support: Drought Resilience Lessons from the Western U.S., Past and Present

Date: Thursday, July 28
Time: 12pm MDT
Register Here

As of July 12, 2022, 44.98% of the U.S. and 50.61% of the lower 48 states are in drought according to the National Integrated Drought Information System. While the conditions are most severe in the Western U.S., the impacts are felt on regional and national economies. Join us for this “In the kNOW” webinar as we explore what water utilities in the Colorado River and Great Salt Lake basins are facing, including severe drought and new opportunities to collaborate – applying lessons learned that are relevant across the U.S. Additionally, we will highlight how one wastewater utility created an innovative nutrient management solution to preserve the resilience of the Great Salt Lake in the midst of all-time low lake levels.

Moderator:

Adam Murdock, Global Solutions Director – Conveyance and Storage, Jacobs

Speakers:

Bob Harding, Client Account Manager, Jacobs

Aaron Mead, Associate Engineer, Metropolitan Water District of Southern California (MWD)

Jeff Den Bleyker, Senior Water Resources Planner, Jacobs

2022 Water Quality Modeling Workshop

September 19 – September 23
Chicago, Illinois

ACWA and the EPA Water Modeling Workgroup (WMW) will be holding an in-person workshop on Water Quality Modeling in Chicago, IL. This workshop will take place September 20 – September 23, 2021. This year’s workshop will feature two hand-on training opportunities on Qual2K and SWAT, as well as a track designed for managers and other staff who work closely with modelers and contractors.

On September 19, there will be a pre-conference “Modeling 101” training for new staff and anyone who wants a refresher. Please note that there will be limited space in the hands-on training tracks and you will need to register ahead of time to attend.

The 2022 ACWA and EPA Water Quality Modeling Workshop supports implementation of state programs by continuing to build a community of practice among state agency staff who use or want to use water quality modeling in implementation of state 303(d) programs.

This Water Quality Modeling Workshop is a national meeting organized by ACWA, in partnership with USEPA for state program managers and staff involved in water quality modeling, as well as for both Regional and Headquarters-based U.S. Environmental Protection Agency managers and staff.

You can view the agenda here. You can register through Member365 here.

Job Opportunities

Nonpoint (319) Program and TMDL Policy Lead | Washington Department of Ecology

Location: Lacey, WA
Closing Date: August 1, 2022

Are you interested in working on water quality policy issues? In this position, you will be the lead on the overall management of the federal Clean Water Act Section 319 Nonpoint Program and provide policy support of our Total Maximum Daily Load (TMDL) program. You will work with other technical and policy experts to develop strategies to better implement our program and use our authorities under the federal Clean Water Act, as well as Washington’s Water Pollution Control Act to clean up our waters.