News
SCOTUS Rules in Sackett Wetlands Case
The U.S. Supreme Court issued its long-awaited opinion in the Sackett v. EPA case. Michael and Chantell Sackett, have been in a legal battle with the EPA for over 15 years. The dispute began in 2007 when the couple began to prepare the lot that they own near Priest Lake, Idaho, for construction. The EPA issued a “stop work” order, telling them that the land contains wetlands protected by the Clean Water Act (CWA). A federal appeals court agreed with the EPA that the lot is a wetland by applying the Kennedy “significant nexus” test from Rapanos, which looks at whether there is a “significant nexus” between the wetlands and waters that are covered by the CWA, and whether the wetlands “significantly affect” the quality of those waters. In today’s ruling, the court holds that the CWA applies only to wetlands that are “as a practical matter indistinguishable from waters of the United States.” Therefore, the party that wants the CWA to apply to adjacent wetlands must show that the adjacent body of water is a “water of the United States” — that is, “a relatively permeable body of water connected to traditional interstate navigable waters” — and that the wetland “has a continuous surface connection with that water, making it difficult to determine where the ‘water’ ends and the ‘wetland’ begins”.
EPA Releases 2nd Five-Year Review of Recreational Water Quality Criteria
On Thursday, EPA released the final Report on the 2nd Five-Year Review of EPA’s Recreational Water Quality Criteria. This report represents EPA’s second five-year review of the agency’s current Recreational Water Quality Criteria (RWQC) pursuant to CWA requirements that EPA review its RWQC every five years. Each five-year review includes an assessment of the new science since the previous review of the RWQC. An important goal of the review is to determine whether revisions to the current national recommended RWQC are necessary. Based on the scientific advances since the last five-year review, EPA has determined that there is a need to revise its recommended RWQC.
EPA is making three recommendations to improve the public health protection of its RWQC:
- EPA plans to develop new quantitative polymerase chain reaction (qPCR)-based RWQC that better protect the health of young children, the age group most sensitive to the risks of swimming in contaminated waters;
- EPA plans to expand its recommended RWQC, which currently include two culturable fecal indicator bacteria and two groups of cyanotoxins, by developing RWQC to protect humans from exposure to viruses as well; and
- EPA plans to explore new methods to better determine whether a waterbody is contaminated with human feces, as this type of contamination presents the greatest risk of illness in recreational waters.
These recommendations for revisions to EPA’s current RWQC are intended to improve the public health protection of people with primary recreational water contact at freshwater and marine beaches and in waters from exposure to water-borne pathogens.
While EPA works to develop updated national recommended RWQC, the agency encourages states and Tribes, especially those with beach advisory programs, to begin using or expanding their use of qPCR methods. The benefits of using qPCR are improved prediction of health risk and increased speed of results, allowing states and Tribes to notify the public about the water quality and related health risk at local beaches more quickly. For more information on the Report on the 2nd Five-year Review of the Recreational Water Quality Criteria, visit EPA’s website at: https://www.epa.gov/wqc/five-year-reviews-epas-rwqc
EPA Opens RFA on Antibiotic Resistant Bacteria in Wastewater
Informational Webinar: June 1, 2023, 1:30 – 2:30pm EST — Register for the informational webinar Here.
On May 19th, EPA opened Funding Opportunity Number EPA-G2023-ORD-F1 until August 16th. EPA anticipates funding four awards totaling ~$9,500,000. A 25% cost-share is required, and eligible applicants include public and private nonprofit institutions and public and private universities and colleges located in the United States and its territories or possessions. Foreign entities, U.S. States, territories and possessions, the District of Columbia, State and local government departments, federally-funded national laboratories, and Federally Recognized Indian Tribal Governments of the U.S., are not eligible to apply. Profit-making firms and individuals are not eligible to receive assistance agreements from the EPA under this program.
In recent years, concern has increased about the occurrence of antibiotic resistant bacteria (ARB) and antibiotic resistant genes (ARGs) that could make it more difficult to treat certain infections in animals and people. Wastewater treatment facilities are believed to be potential receptors and sources for ARB and ARGs and can act as a bridge to the environment. This RFA seeks research that will address knowledge gaps in the occurrence, fate and transport, and persistence of antimicrobial resistant organisms and genes found in municipal wastewater effluent and biosolids. The RFA also requests research on combined sewer overflows, septic systems, and small wastewater systems. Research should provide a better understanding of the impact of ARB and ARGs on receiving waters including information on the relative contribution of ARB and ARGs from wastewater as compared to other sources such as animal agriculture, animal husbandry, hospital sources, and direct industrial sources. Research should also support the development of frameworks and methodologies for quantifying risk related to AMR in treated wastewater discharge, water reuse, and biosolids (and biosolids products) land application and beneficial use. Research results should improve our understanding of the nature, extent, selection, and removal of ARB and ARGs found in municipal wastewater effluent and biosolids.
Review the RFA at: National Priorities: Evaluation of Antimicrobial Resistance in Wastewater and Sewage Sludge Treatment and Its Impact on the Environment Request for Applications
EPA Releases National Wetland Condition Assessment Report
This week, EPA released that NWCA Report entitled, “National Wetland Condition Assessment: The Second Collaborative Survey of Wetlands in the United States.” The NWCA report continues the NARS approach of publishing the findings as a web-based report rather than a a downloadable PDF, accessible at: https://wetlandassessment.epa.gov/webreport/.
This report presents the results of the 2016 survey of the nation’s wetlands. Key findings from the report include:
- Using vegetation multimetric indexes (MMIs) to evaluate wetland condition, 47% of wetland area was in good condition.
- Nonnative plants are a concern, as 21% of wetland area was rated poor or very poor using an indicator based on the abundance of nonnative plants.
- Physical alterations to wetlands are widespread nationally, with 80% of wetland area in fair or poor condition for at least one measure of alteration.
- When chemical indicators for heavy metals in soil or total phosphorus in water rated poor, condition for the vegetation MMI was twice as likely to also be poor.
- Algal toxins were present, but at very low levels, with minimal recreational human health concerns.
Additionally, EPA released the accompanying “NWCA 2016 Technical Support Document” (TSD), and NWCA Data Dashboard which allows users the opportunity to explore other subpopulations such as ecoregions or wetland types. These resources, and the data used in the report, can be accessed from the 2016 results webpage at: https://www.epa.gov/national-aquatic-resource-surveys/national-wetland-condition-assessment-2016-results.
It is fitting that the release of the report in May coincides with American Wetlands Month, a time to celebrate the vital importance of wetlands to our nation’s ecological, economic, and social health. EPA extends heartfelt thanks to state partners for their efforts over the years, including planning and identifying ways to improve the survey, conducting field work, conducting lab work, supporting analysis, reviewing reports/other products and so much more.
EPA selects recipients for $25.7m in Technical Assistance Help Rural Communities Access Clean Water
EPA announced the recipients of $25.7 million in grant funding for water technical assistance providers. This funding supports efforts to help small and rural communities supply safe drinking water and protective wastewater treatment. This is EPA’s latest investment of water technical assistance funding that builds on the agency’s growing pool of technical assistance providers, including the Environmental Finance Centers. Together, these investments underscore EPA’s commitment to helping communities across America have sustainable water infrastructure.
Water systems that service relatively small populations in rural communities make up most water systems in the country. Approximately 97 percent of the nation’s 145,000 public water systems serve fewer than 10,000 people. More than 80 percent of these systems serve fewer than 500 people. Many small systems face unique challenges—including aging infrastructure and an under resourced workforce—in providing reliable drinking water and wastewater services that meet federal and state regulations. In partnership with the following selected grantees, EPA is taking steps to provide technical assistance on water infrastructure to communities that need it most.
Rural Community Assistance Partnership is anticipated to receive:
- $14 million to provide training and technical assistance for small public water systems to achieve and maintain compliance with the Safe Drinking Water Act, including improving financial and managerial capacity.
- $1 million to work with small publicly owned wastewater and on-site/decentralized wastewater systems to improve water quality.
- $2.7 million to work with private well owners to help improve water quality.
National Rural Water Association is anticipated to receive:
- $8 million to provide training and technical assistance for small public water systems to achieve and maintain compliance with the Safe Drinking Water Act, including improving financial and managerial capacity.
Recipients will offer technical assistance to small public water systems to achieve and maintain regulatory compliance to keep clean water flowing for rural communities. Technical assistance will include circuit-rider and multi-state regional technical assistance programs, training and site visits, and training or technical assistance to diagnose and trouble-shoot system operational and compliance-related problems and identify solutions.
EPA offers a range of assistance for communities to identify water challenges, identify solutions, build capacity, and develop application materials to access water infrastructure funding. EPA collaborates with states, tribes, territories, community partners, and other stakeholders to implement WaterTA efforts. The result: more communities with applications for federal funding, quality water infrastructure, and reliable water services. Communities can learn more about EPA WaterTA and indicate interest in receiving assistance by visiting epa.gov/waterTA. For more information on this training and technical assistance grant program, visit: https://www.epa.gov/dwcapacity/training-and-technical-assistance-small-systems-funding.
Association Updates
Four June Meetings for Monitoring Standards and Assessment Committee
ACWA MSA has four meetings next month, scheduled for June 1st, 9th, 13th, and 15th. Please find the call invitations via jadler@acwa-us.org.
Meetings and Webinars
EPA Tools & Resources Training Webinar — PFAS Analytic Tools
Thursday, June 1, 2023— 3-4 pm ET
To support EPA’s PFAS Strategic Roadmap, EPA is compiling and integrating a collection of data that can be used to evaluate what is known about PFAS manufacture, release, and occurrence in communities. As part of this effort, EPA is integrating data available nationally with other information from states, Tribes, and localities that are testing for PFAS pursuant to their own regulatory or voluntary data collection initiatives. The data included in the PFAS Analytic Tools have a wide range of location-specific data and, in general, are based on national scope and readily accessible, public information repositories. The PFAS Analytic Tools make it easier to evaluate the collective PFAS information from 11 different databases – the application integrates these datasets into an interactive, web-based software. Consolidating all these data sources in one searchable platform will help the public, researchers, and other stakeholders better understand potential PFAS sources in their communities, including potential exposure pathways in communities with environmental justice concerns. This training webinar will provide an overview of the PFAS Analytic Tools and a tutorial on how to use them.
Register and join the PFAS Analytic Tools training webinar!
EPA Tools & Resources Webinar: Chemical Risk Assessment for PFAS in Biosolids
Wednesday, June 21, 2023; 3-4 pm ET | Register Here.
EPA committed in the agency’s PFAS Strategic Roadmap to conduct a biosolids risk assessment for two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), in biosolids. EPA’s Office of Water will discuss the current work related to assessing risk due to the presence of PFOA and PFOS in biosolids. The presentation will cover the regulatory context through which EPA regulates chemical contaminates in biosolids, a brief overview of PFAS monitoring, and actions that have occurred in the states. This will be followed by a discussion of the exposure assessment framework EPA has developed to evaluate impacts from biosolids through ingestion of drinking water, crops, milk and meat and how that framework may be implemented for PFOA and PFOS.
ECHO Webinar: EJScreen Facility Searches
Join U.S. EPA for its next Enforcement and Compliance History Online (ECHO) webinar on Tuesday, June 13, 2023, 1:30-2:30 PM Eastern Time. This webinar focuses on how to use the ECHO facility searches to learn about environmental and demographic data from EPA’s EJScreen. We will demonstrate examples of using ECHO searches and reports to view EJScreen data and how to interpret the information, including introducing the supplemental indexes. The webinar will cover the following topics:
- How to search for environmental and demographic data in your community.
- How to view and interpret EJ index and supplemental index values at the location of a facility.
- How to visualize EJScreen data on an interactive map.
Register at https://echo.epa.gov/help/training#upcoming to save your spot.
Job Opportunities
Environmental Analyst
Location: Lowell, MA
Closing Date: June 4, 2023
As a NEIWPCC Environmental Analyst, you will manage a variety of projects related to Water Quality
Standards (WQS), nutrient and numeric water quality standards, mercury, Total Maximum Daily Load
(TMDLs), Clean Water Act 303(d) national listing, and other related topics, and will organize and provide
leadership for NEIWPCC’s workgroups on these topics. You will develop and administer work plans,
budgets, and contract/grant amendments, and you will serve as project manager for the Long Island
Nitrogen Action Plan (LINAP), which includes the supervision of regional staff. You will also collaborate with internal and external partners on cross-cutting issues, develop and review Quality Assurance Project Plans as needed, maintain appropriate webpages on NEIWPCC’s website, and assist with the development of water quality-related education and outreach materials.
To apply, submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org.
Please reference #23-Lowell-010 in the email subject line. Accepting applications until the position is filled. For more information, click here.
Water Quality Supervisor (Public Service Manager 1)
Location: Des Moines, IA
Closing Date: June 2, 2023
The Iowa Department of Natural Resources is seeking applicants to fill a vacant Water Quality Supervisor position (Public Service Manager 1) in our Water Quality Monitoring and Assessment Section. In this role, you would lead a team of 16 environmental professionals in the areas of Water Quality Monitoring, Assessment, Standards, Wasteload Allocations and Total Maximum Daily Load (TMDL) Calculations and be a critical decision maker that is helping to maintain clean water in Iowa. Implementation of these Clean Water Act programs requires a high level of competency in communication and collaboration to build and strengthen relationships between state and federal agencies and the general public.
For more information and to apply, click here.
Water Quality Supervisor (Public Service Manager 1)
Location: Des Moines, IA
Closing Date: June 2, 2023
The Iowa Department of Natural Resources is seeking applicants to fill a vacant Water Quality Supervisor position (Public Service Manager 1) in our Water Quality Monitoring and Assessment Section. In this role, you would lead a team of 16 environmental professionals in the areas of Water Quality Monitoring, Assessment, Standards, Wasteload Allocations and Total Maximum Daily Load (TMDL) Calculations and be a critical decision maker that is helping to maintain clean water in Iowa. Implementation of these Clean Water Act programs requires a high level of competency in communication and collaboration to build and strengthen relationships between state and federal agencies and the general public.
For more information and to apply, click here.
