ACWA Weekly Wrap Vol. XIV, Issue 23 (Week of July 24, 2023)

News

EPA Revises Draft 1,4-Dioxane TSCA Risk Determination

On Tuesday, EPA published a revised draft TSCA Unreasonable Risk Determination for 1,4-Dioxane, incorporating occupational and consumer exposures from the 2020 draft while adding fenceline-community exposures and byproduct exposures. The assessment evaluates the compound “wholly” rather than in each use scenario, and adds a conclusion that general population consumption of drinking water sourced from contaminated surface waters (via commercial or residential drains, hydraulic fracturing releases, and landfill leachate) constitutes an unreasonable risk. EPA is accepting comments on the new draft until September 8th at Docket No. EPA-HQ-OPPT-2016-0723.

3M PFAS Settlement Not Acceptable to Some States

As of this week, 22 state attorneys general are in opposition to a proposed class action settlement that they believe “fails to adequately hold” 3M accountable for contaminating drinking water supplies. Both an opposition brief and a motion to intervene (identified as necessary to protect the states’ sovereign interests in separate, ongoing, or intended lawsuits against 3M) have been filed.

The proposed settlement would apply to most public drinking water supplies in the United States. In return for waiving current and future claims, 3M would pay ~$12.5 billion, although many experts say the total would be far less given all the provisions/caveats, including indemnity that would allow 3M to pass on local remediation or victim damages costs covered by the settlement onto the local public works ratepayers and class lawsuit members.

The U.S. District Court for the District of South Carolina acceptance of this multidistrict litigation settlement would resolve the water treatment portion of massive litigation which consolidated thousands of lawsuits filed by states, water utilities and landowners over PFAS contamination via AFFF nationwide. There are some legal and financial experts that believe pushing companies like 3M and DuPont to pay significantly more, or leave them on the hook for all of the cleanup costs, will lead to bankruptcies. The judge overseeing the case has concurred on the bankruptcy concerns, suggesting that the parties instead approach Congress for increased federal cleanup dollars.

The following jurisdictions joined on a brief and motion to intervene: Arizona, California, Colorado, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont and Wisconsin; as well as the District of Columbia, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.

Specific reasons for AG opposition include:

• The Settlement contains a perpetual, uncapped, and overbroad indemnity clause that could shift billions of dollars of 3M’s liability onto class members and states’ taxpayers.
• The Settlement’s ambiguous and overbroad release provisions may provide 3M a basis to argue that some of the states’ claims for the remediation or treatment of PFAS are released or precluded by the Settlement.
• Preliminary approval of the Settlement may be accompanied by an antisuit injunction that should not stay cases brought by various states pending in state and federal courts that seek a broad array of public costs and damages outside the ambit of the proposed class action.
• The Settlement does not give putative class members reasonable time to evaluate their claims (including determining their respective fair shares through the model Proposed Class Counsel advised the Court at the last status conference would be available for such purpose), evaluate their indemnity obligations, decide whether to opt out, or submit their claims forms—all of which impairs the rights of public water suppliers across the country and ultimately would impact the issues identified herein.

Association Updates

Annual Meeting 2023- Virtual Option Added!

We have added an option for virtual participation that is open to states, interstates, and EPA partners only. Pre-registration will be required. The virtual registration fee will be $150. States, interstates, and EPA partners are able to register on ACWA’s member portal. 

Virtual attendance access will be shared closer to the event. 

Please contact Lexy Bailey with any questions regarding registration. 

Voting Ends Soon!

Voting is currently open for ACWA’s Executive Leadership and Board of Directors.

Along with the Executive Officers, this year it is the even Regions that are up for election. Please cast your vote no later than Noon ET on  August 7, 2023.

All “members in good standing” may participate in these elections. 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 (FY2023). If you are unsure whether your FY2023 dues are paid, feel free to reach out to Julia Anastasio or Annette Ivey, and we can let you know. Only one vote per state/interstate.

Thank you for your continued support of ACWA! If you cannot find the email message with the link to the ballot, please contact Julia Anastasio.

Meetings and Webinars

ACWA Water Quality Modeling Workshop: October 23-27, Salt Lake City, UT

Registration is now open for our upcoming Surface Water Quality Modeling Workshop in Salt Lake City, UT! This workshop will run October 23-27, with an optional pre-conference “Modeling 101” session on October 23.

This workshop will be an in-person event, in partnership with USEPA. This event will take place at the Utah DEQ Offices. This year, we will be offering three tracks: (1) HSPF (2) CE-QUAL-W2 (3) Modeling for Nutrients. We have a great planning team of state and EPA representatives working hard to finalize the agenda. Attached are one-page summaries on some of the topics covered this year.

Below, you will find information on how to register, where to book a room at the hotel, and travel support.

You may register for the workshop here. Please note that this workshop is for state and federal staff only.

To register, you will need access to ACWA’s member portal. If you are EPA staff, please reach out Lexy Bailey (abailey@acwa-us.org) for help getting set up. This workshop has 3 distinct tracks – including two hands-on trainings. Hands on trainings will be offered for HSPF and CE-QUAL-W2.

Space is limited for the HSPF and CE-QUAL-W2 tracks – once you register, you will automatically be placed on the wait list. You will receive a confirmation email at a later date.

If you are a new staff-person, or if you would like a refresher, please indicate that you will be attending the pre-conference “Modeling 101” session, set for the afternoon of October 23.

Lodging will be available at the Sheraton Salt Lake City Hotel, in Salt Lake City, UT. ACWA has procured the local gov’t per diem rate of $128/night from Saturday, October 21 – Friday, October 27, 2023.

You may reserve your hotel room here. The limited room block will be open through October 1, 2023. We recommend you secure your room as soon as possible to ensure your stay at this hotel.

EPA Tools & Resources Training Webinar: Data Management Tools for Emergency Response

August 10, 2023 | 3pm EST

This webinar will explore the critical role of effective data management in disaster response, particularly in the context of environmental sampling and contamination incidents. By providing a comprehensive overview of data management processes, tools and best practices, we will showcase the application of these principles to an environmental field study—the Operational Testing and Evaluation of Chemical Remediation Activities (OTECRA) Demonstration. Through the examination of the OTECRA Demonstration, we’ll emphasize the need for accurate, accessible and organized data, as well as effective Data Management Plans (DMPs), to facilitate informed decision-making, coordination and cleanup efforts.

Register for the Data Management Tools for Emergency Response webinar!

EPA Air, Climate & Energy Research Webinar: Tools for Helping State and Municipal Decision-Makers Meet Air Quality, Climate and Energy Objectives: Glimpse and COMET

Tuesday, August 15, 2023 | 3-4:15 pm ET

Local, state, and regional authorities are facing many challenges, including those caused by climate change, urbanization, limited natural resources, and aging infrastructure. In developing management strategies, these authorities also have the objectives of promoting economic development, protecting the environment, and providing clean and affordable energy. The result is a complex decision-making landscape. Decision makers would benefit from tools that help them quantify the impacts of potential management strategies, identify the tradeoffs of planning objectives, and develop win-win solutions. EPA has been building two such tools: GLIMPSE and COMET. GLIMPSE is a decision support tool that assists long-term environmental, climate, and energy planning. City-based Optimization Model for Energy Technologies (COMET) is an energy-environment-economic optimization model. This presentation will describe how these frameworks can be used to support state and municipal planning.

Register for the Tools for Helping State and Municipal Decision-Makers Meet Air Quality, Climate and Energy Objectives: Glimpse and COMET webinar!

EPA Tools & Resources Webinar: Cumulative Impacts: EPA’s Environmental Quality Index (EQI)

Wednesday, August 16, 2023 | 3-4 pm ET

EPA’s Environmental Quality Index (EQI) is an estimate of U.S. county ambient environmental quality across five domains: air, water, land, sociodemographic, and built environment. The EQI helps researchers better understand how health outcomes relate to cumulative environmental exposures that typically are viewed in isolation. Because the air we breathe, the water we drink, the food we eat, and the buildings around us all play a part in our overall well-being, researchers can use the EQI to investigate and highlight associations between environmental quality and a given health concern. This webinar will provide an overview of the EQI methodology, including information on rural/urban differences, as well as a summary of the health outcome research that has been conducted to date.

Register for the Cumulative Impacts: EPA’s Environmental Quality Index webinar!

Helping Communities Solve Water Challenges through EPA’s Water Technical Assistance

July 31, 2023, 1:00-2:00pm ET

EPA’s Water Technical Assistance (WaterTA) efforts provide free hands-on support for communities to assess their water needs, identify potential solutions, and apply for federal funding to address their water challenges.  Join us on July 31st, 1:00-2:00pm ET, for an informational webinar about WaterTA and available resources to help ensure every community has essential water and wastewater services. RSVP here today!

Webinar Series for Environmental and Climate (ECJ) Grant Program Design 

EPA is hosting three informational webinars on the Notice of Funding Opportunity (NOFO) expected to be issued under the Inflation Reduction Act’s Environmental and Climate Justice (ECJ) Grant Program in 2023. These webinars will provide information on the NOFO and the ECJ Grant Program including who is eligible for the grants, eligible projects, and more. The Agency is seeking public input on the NOFO during the webinars and hopes to hear ideas on potential projects and the types of resources applicants may need. These webinars are intended for potential applicants and other interested parties. 

Date: August 3, 2023 | Time: 1:30 – 3:30 pm EDT |12:30 – 2:30 pm CDT |11:30 am – 1:30 pm MDT |10:30 am – 12:30 pm PDT |9:30 – 11:30am ADT 
Target Audience: Federally recognized tribal governments, Alaskan native villages, tribal community representatives, and tribal and/or indigenous community-based nonprofit organizations. 
Register Here: https://www.epa.gov/inflation-reduction-act/inflation-reduction-act-environmental-and-climate-justice-program  

Date: August 8, 2023 | Time: 5:00 pm SST, American Samoa | 12:00 am EDT August 9th 
Target Audience: Potential applicants and other interested parties within the specified U.S. territories. 
Register Here: https://www.epa.gov/inflation-reduction-act/inflation-reduction-act-environmental-and-climate-justice-program  

Date: August 9, 2023 | Time: 5:00 pm GMT+10 Guam and Northern Mariana Islands | 3:00 am EDT 
Target Audience: Potential applicants and other interested parties within the specified U.S. territories. 
Register Here: https://www.epa.gov/inflation-reduction-act/inflation-reduction-act-environmental-and-climate-justice-program  

Enforcement and Compliance History Online (ECHO) Webinar Series: CWA and Biosolids

Tuesday, August 15, 2023, 1:30-2:30 PM Eastern Time

Join U.S. EPA for its next Enforcement and Compliance History Online (ECHO) webinar on Tuesday, August 15, 2023, 1:30-2:30 PM Eastern Time. This webinar will explore wastewater tools and reports available on ECHO, such as:

• • Wastewater/Stormwater/Biosolids Facility Search

• • Biosolids Facility Report

• • Effluent Charts

• • Water Pollutant Loading Tool

• • Data Downloads

These ECHO tools allow users to access and analyze EPA data for water pollutant discharges and facility compliance related to the Clean Water Act including biosolids-specific program data. The case studies demonstrate how to conduct advanced analyses of permitted water features and interpret information.  

Register at https://echo.epa.gov/help/training#upcoming to save your spot. If you can’t make it, don’t worry, ECHO tutorials and recorded webinars are available at any time.

EPA Launches EJSCREEN 2.2, The Community Environmental Justice Mapping Tool

On Monday, EPA announced an update to EJScreen. EJScreen 2.2 makes important improvements to better meet the needs of users, including a redesigned and enhanced report, a new environmental indicator with corresponding indexes, and refreshed demographic and environmental data. Users are encouraged to test the new features of EJScreen 2.2 to see how it can serve your needs and provide EPA with feedback on how to continue to improve this tool.

EJScreen 2.2 provides updated reports which compile various datasets into one document to help users better understand the multiple factors that impact their community. It also includes a new environmental indicator on Toxic Releases to Air, as well as associated EJ and supplemental indexes. This new indicator quantifies the relative potential human health impacts from exposure of Toxics Release Inventory (TRI) chemicals into the air. More information on the new indicator can be found at: https://www.epa.gov/ejscreen/overview-environmental-indicators-ejscreen.

The update uses the 2017-2021 American Community Survey demographic data from the U.S. Census and refreshed EPA data for the environmental indicators. EJScreen 2.2 features new map layers on health disparities including cancer and persons with disabilities; critical service gaps on accessibility to housing, health insurance, transportation; and EPA-regulated facilities that are currently or have been out of compliance with environmental laws and regulations.

Training: EPA held multiple trainings for users on EJScreen 2.2 and is hosting open Office Hours to give the public a chance to talk with EPA EJScreen experts about many topics including how to use and apply the tool, technical issues, and any other questions.

Office Hours Date/Time/Link: August 16, 2023, at 12pm EST – Click here to join

NPDES Basic Permit Writers’ Course

Virtual Guided Learning
August 24, 2023 – September 28, 2023

The 5-week course will begin on Thursday, August 24, 2023. Participants should anticipate a time commitment of approximately 8-10 hours per week and should seek supervisor approval before signing up. The course is scheduled to conclude on September 28th, however a “rain date” of October 5th should be reserved by the participants in case of technical issues.

There is no cost for the course. Registration is limited and available at:

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (AM)

NPDES Permit Writers’ Course – Virtual Guided Learning August 2023 (PM)

Each week, participants will have assigned “homework” consisting of NPDES online modules and permit writing exercises. These modules and exercises will then be discussed in a live virtual classroom setting on Tuesday and Thursday of each week. Participants will have the opportunity to join live office hour discussions with instructors and other participants each Tuesday as well. Microsoft Teams will be utilized for the virtual classroom and can be accessed through the desktop application or a web browser. Course materials will be provided electronically on the Microsoft Teams classroom site for download by the participants prior to the start date. If you have questions regarding the course, please contact Sean Ramach at: npdestraining@epa.gov or call him directly at (202) 564-2865.

CWA National Targeting Center EPA/State Joint Community of Practice Meeting

Date: Thursday, September 7, 2023
Time: 1:00pm – 2:00pm eastern

Meeting Info: Please use the meeting information below to attend this meeting. No registration required; however, this meeting is only for EPA Regional and state NPDES permitting, enforcement, and information technology staff.

This will be the second meeting between EPA Regional and state staff to share best practices and ideas for inspection and enforcement targeting. At the first meeting, which was held on 2 November 2022, Kentucky Division of Water and Arizona Department of Environmental Quality gave presentations on “DMR Compliance Automation Efforts and Trend Analysis” and “GIS Targeting Platform, DMR Evaluation, Low SNC Rates,” respectively.

We invite states to share their insights on inspection and enforcement targeting for the upcoming September 7th meeting. Please send an email to Carey Johnston (johnston.carey@epa.gov) if you are interested in participating or giving a presentation. Please use this link to add your email to our EPA-state NTC CWA CoP distribution list. We will use this distribution list to share updates to the agenda and for future meetings.

We hope to schedule these 1-hour meetings on a more regular basis and suggest a quarterly frequency. This will allow EPA Regional and state staff to exchange insights and updates on inspection and enforcement targeting. We will use the September 7th meeting to solicit your input on this proposal.

Incorporating Indigenous Knowledges into Federal Research and Management: Webinar Recordings

By USGS Climate Adaptation Science Centers and US Fish and Wildlife Service NCTC

The National CASC hosted a webinar series on how to integrate Indigenous Knowledges (IK) into Federal research and resource management programs. It ran bi-weekly from April 6 to June 1, 2023 and centers Indigenous voices to explore ethical, legal, and scientific considerations for working within different knowledge systems and provides guidance reflecting best practices.

You can access the webinars listed below here.

Date and Time	Webinar Title	Presenters
April 6 (3-4:30 PM ET)	What are Indigenous Knowledges (IK)? In this webinar, speakers Melonee Montano and Dr. Daniel Wildcat have a conversation on what are Indigenous Knowledges and what it means to ethically engage with Indigenous Knowledges in resource management and conservation spaces.	Melonee Montano (Great Lakes Indian Fish & Wildlife Commission) Daniel Wildcat (Haskell Indian Nations University)
April 20 (3-4 PM ET)	Understanding Federal Guidance on Engaging with Indigenous Knowledges	Haley Case-Scott (White House Office of Science and Technology Policy) Paige Schmidt (U.S. Fish and Wildlife Service)
May 4 (3-4 PM ET)	Tribal Policies Around Indigenous Knowledges In this webinar, speakers Aaron Jones, Ann Marie Chischilly, and Bobby Reed Saunkeah discuss Tribal policies surrounding Indigenous Knowledge and describe how to ethically and respectfully engage with Tribes to include Indigenous Knowledge in research and management projects.	Aaron Jones (Tulalip Tribes) Ann Marie Chischilly (Northern Arizona University) Bobby Saunkeah (Chickasaw Nation)
May 18 (3-4:30 PM ET)	Case Studies of Successful IK Engagement	Sarah Rinkevich (U.S. Fish and Wildlife Service) Catherine Techtmann (University of Wisconsin-Madison Division of Extension) Kim Kanoeʻulalani Morishige (Papahānaumokuākea Marine National Monument Reserve Advisory Council, University of Hawaiʻi at Mānoa) Nicole Herman-Mercer (U.S. Geological Survey)
June 1 (3-4 PM ET)	Best Practices for Engaging Tribal Nations and Indigenous Peoples Surrounding Indigenous Knowledges	Sara Kahanamoku (Hawaiʻi Sea Grant Ulana ʻIke Center of Excellence) Mike Durglo (Confederated Salish & Kootenai Tribes)

Job Opportunities

Director of Human Resources

Location: Lowell, MA
Closing Date: August 4, 2023

As NEIWPCC’s Director of Human Resources, you’ll provide expertise and guidance on Human Resource programs, including benefits administration, inclusive talent acquisition and retention programs, effective employee relations, salary administration, performance management, professional development, and more. You will manage the workflow of human resources staff members and will be a strategic player among the leadership team, responsible for developing, coordinating, and directing policies and initiatives that ensure compliance with federal and state regulations and the implementation of NEIWPCC’s mission and objectives.

Submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by August 4, 2023. Please reference #23-Lowell-012 in the email subject line. Applications will be reviewed on a rolling basis, accepting applications until the position is filled.

Environmental Analyst – Road Stream Crossing Implementation Specialist

Location: New Paltz, NY
Closing Date: August 20, 2023

As a NEIWPCC Environmental Analyst, you will use data from road stream crossing (RSX) assessments and
management plans to proactively assist local highway departments implement and construct replacements for RSX that are undersized and are barriers to aquatic organism passage (AOP). You will identify local priorities and advance them to construction, advance dam removal by working with dam owners and partners, and track project metrics. You will also become a trained leader in AOP assessments to meet emerging RSX needs, maintain a strong understanding of RSX funding opportunities to advance aquatic resource priorities, and assist with riparian restoration and water quality monitoring in the lower Hudson River Watershed.

Submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by August 20, 2023.
Please reference #23-HREP-002 in the email subject line. Accepting applications until the position is filled.
A full position description and benefits listing may be viewed at: https://neiwpcc.org/about-us/careers.

Water Quality Policy Lead Manager

Location: Thurston County – Lacey, WA
Closing Date: August 2, 2023

What you will do:

• • Lead the Water Quality Program’s legislative efforts.

• • Coordinate across the program, agency, and external partners to create
    durable policy approaches that protect our waters.

• • Serve as the point person for emerging policy issues. Build collaborative
    relations so we can respond nimbly internally and externally.

• • Supervise three teams that play different roles in the science, policy, and
    funding of stormwater initiatives.

• • Lead the strategic planning processes for Water Quality.

For more information and to apply, visit State of Washington Job Opportunities.

Environmental Engineer – Permit Writer

Location: Albany, NY
Closing Date: August 13, 2023

As a NEIWPCC Environmental Engineer, you will become an essential member of the Drinking Water Source Protection Program (DWSP2). You will work with permittees, their representatives, engineers and various members of the public on municipal and industrial wastewater discharge SPDES permits within Source Water Protection areas to ensure SPDES permits are up-to-date and include effluent limitations necessary to protect public water supplies. You will assist with SPDES permit development and permit renewals and will conduct water quality and effluent evaluations at wastewater treatment facilities. You will review engineering reports, plans, and specifications for industrial and municipal wastewater treatment systems and facilities and recommend these plans for approval. You will also assist in development of guidance around emerging contaminants data collection and reporting, and assessment of data for incorporation into permitting strategies.

To apply, submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by August 13, 2023. Please reference #23-NYS-SW-DEC-003 in the email subject line. Applications will be reviewed on a rolling basis, accepting applications until the position is filled. A full position description and benefits listing may be viewed at: https://neiwpcc.org/about-us/careers.