News
EPA Designates Two PFAS as Hazardous Substances Under CERCLA
This final rule will designate two widely used PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, and will help ensure that polluters pay to clean up their contamination.
This final action will address PFOA and PFOS contamination by enabling investigation and cleanup of these harmful chemicals and ensuring that leaks, spills, and other releases are reported.
EPA is taking this step to designate PFOA and PFOS under CERCLA because both chemicals meet the statutory criteria for designation as hazardous substances. Under the rule, entities are required to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity of one pound within a 24-hour period to the National Response Center, State, Tribal, and local emergency responders. The designation of PFOA and PFOS as hazardous substances under CERCLA enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers. Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.
The final rule also means that federal entities that transfer or sell their property must provide notice about the storage, release, or disposal of PFOA or PFOS on the property and guarantee that contamination has been cleaned up or, if needed, that additional cleanup will occur in the future. It will also lead the Department of Transportation to list and regulate these substances as hazardous materials under the Hazardous Materials Transportation Act.
In addition to the final rule, EPA is issuing a separate CERCLA enforcement discretion policy that makes clear that EPA will focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties.
In addition, EPA’s enforcement policy, consistent with EPA’s past practice over decades of implementing the law, will provide additional clarity on the agency’s intent not to pursue certain parties such as farmers, municipal landfills, water utilities, municipal airports, and local fire departments, where equitable factors do not support seeking CERCLA cleanup or costs. EPA has a proven track record of developing and applying enforcement discretion policies that are effective and well-received by stakeholders, ensuring entities that have contributed significant contamination are held accountable.
EPA’s Release of Technical Support Materials: Developing Alternative Recreational Criteria for Waters Contaminated by Predominantly Non-Human Fecal Sources
EPA has released the final Technical Support Materials: Developing Alternative Recreational Criteria for Waters Contaminated by Predominantly Non-Human Fecal Sources. The Technical Support Materials (TSM) is a guide that the EPA has made available to states and Tribes for implementing the 2012 Recreational Water Quality Criteria (RWQC).
This peer reviewed TSM addresses a need to develop implementation materials for alternative RWQC for waters that are predominantly contaminated by non-human fecal sources. Research has shown that human health risk from primary contact in recreational water is greater in waters predominantly contaminated with human fecal sources compared to non-human fecal sources.
The TSM describes a quantitative microbial risk assessment (QMRA)-based approach to develop RWQC for waters predominantly affected by non-human fecal contamination. The TSM is a user-friendly guide that describes the process in a step-by-step approach with example scenarios. This document describes the scientific basis for alternative criteria, the technical steps users should follow, and how risk assessors can perform the analyses needed to develop alternative water quality criteria, including the compilation of supporting documentation, such as sanitary survey and water quality data, and identify technical and policy decision points for consideration. Access the TSM and more information.
Strategic Civil-Criminal Enforcement Policy
This week EPA sent out a memorandum to their regions that encourages a strong partnership between the civil and criminal enforcement offices. This new policy sets forth requirements intended to ensure that EPA’s enforcement program maintains and strengthens the strategic partnership between civil and criminal enforcement. To promote collaborative strategic planning and ensure that EPA exercises its enforcement discretion fairly and consistently, the policy highlights the following goals:
- Increased collaboration between the civil and criminal enforcement programs on the development and implementation of EPA’s national and regional priorities, including the NECIs and regional strategic plans;
- Enhanced case screening to promote fairness and consistency and robust discussion of what enforcement option should be utilized to address violations, including whether parallel proceedings should be initiated, and continued coordination throughout each enforcement action to ensure those initial case choices protect public health and the environment;
- Improved case management through enhanced tracking of case screening that promotes information sharing about violations and ensures ready access to compliance histories and case developments, while maintaining enforcement confidentiality; and
- Updated training programs to ensure effective partnership between civil and criminal enforcement offices that include the requirements of this Policy, factors to consider in deciding whether to pursue criminal, civil, or administrative enforcement, and best practices for managing information sharing and parallel proceedings to prevent case delays.
For more details see the policy document found here:
Strategic-Civil-Criminal-Enforcement-Policy-April-2024.pdf (epa.gov)
Association Updates
2024 Cross-Program Workshop – Registration Now Available!
Registration: Please reach out directly to Ward Scott for the meeting registration link. Workshop registration will be limited to state and federal officials.
Dates/Venue: June 6-7, 2024 at the National Conservation Training Center in Shepherdstown, WV
Objective: ACWA’s CWA Cross-Program Workshops are intended to bring together state and federal Clean Water Act (CWA) program administrators to discuss and share ways in which cross-program coordination and collaboration can be strengthened to more effectively and efficiently restore and protect the nation’s waters. The 2024 Workshop will focus on opportunities and challenges for state administrators of CWA Section 303(c), 303(d), and 402 in coordinating the planning and implementation of efforts to restore and protect the nation’s waters.
State and federal clean water leaders will identify cross-program challenges and barriers to CWA implementation; work toward solutions to cross cutting water quality topics; identify ways to improve technical capabilities; highlight opportunities for cross-program planning, implementation, and co-operation; and clarify linkages, roles, and responsibilities among CWA programs. Workshop discussions will center around states’ cross-program coordination to address issues including temperature pollution, nutrient reduction, environmental justice, and the prioritization and implementation of protection and restoration efforts.
Venue: We are excited that this year’s Workshop will be held at the National Conservation Training Center in Shepherdstown, WV, in conjunction with the Environmental Law Institute’s 2024 National Training Workshop on Water Quality Assessment and Plans. The Cross-Program Workshop will begin on the morning of June 6 and run through the morning of Friday, June 7. Workshop attendees are invited and encouraged to arrive on Wednesday, June 5 to participate in ELI’s Workshop sessions and events on Wednesday afternoon and evening.
Participants: The Workshop target audience will be state regulators from around the country with practical experience and responsibilities in supporting and managing CWA Section 303(c), 303(d), and/or 402 programs, as well as EPA representatives for each of the programs. Attendees should come prepared to discuss ways in which cross-program coordination has been an important aspect of successful program and/or restoration plan implementation, as well as cross-program challenges and needs.
Travel Support: ACWA plans to provide limited state travel support in the form of a post-Workshop reimbursement. Please contact Ward Scott directly if you know you will require travel support to attend the Workshop.
Travel Logistics: Coming from Dulles International Airport, attendees will be provided with free shuttle transportation to the NCTC on Wednesday, June 5, and back to Dulles at the conclusion of the Workshop on Friday, June 7.
Website: Future updates for the 2024 Cross-Program Workshop will be available on ACWA’s website Events page.
Save The Date: 2024 National Stormwater Roundtable
Dates: October 22 – 24, 2024
City: Washington, DC
Meeting Space: EPA HQ Meeting Space
Hotel: Grand Hyatt Washington
Website: 2024 National Stormwater Roundtable
This week ACWA sent out emails regarding agenda topics, potential presenters, volunteers for the Agenda Planning Committee, and travel support. If you did not receive a related email please contact Sean Rolland at srolland@acwa-us.org.
EPA Request for State Clean Water Climate Success Stories
EPA is collecting success stories, BMPs, SOPs, case studies, templates, and other examples of instances where states have successfully incorporated climate considerations, requirements, or elements into their clean water and water management programs. ACWA and ASDWA are assisting in the collection of these examples so that states and stakeholders may share, learn, and implement proven techniques into their own programs. EPA will post state success stories to its ARC-X website. States and territories interested in helping with this effort should contact Ward Scott for a template to submit information or for any questions. Thank you for your help with this effort.
Meetings and Webinars
Source Water Protection
Date: April 22, 2024
Time: 1:00 – 2:30 pm ET
Register: HERE
The Source Water Collaborative is hosting its 3rd webinar as part of the Bipartisan Infrastructure Law (BIL) Webinar Series on April 22, 2024 from 1:00 – 2:30 PM Eastern Time titled Leveraging U.S. Forest Service BIL Funds for Source Water Protection on Forested Lands.
Hear from U.S. Forest Service (USFS) speakers about how major funding sources like BIL can be used for forest management projects with multiple benefits: watershed protection, wildfire mitigation, protection of aquatic resources, and protection of drinking water sources. The webinar is designed for State and Tribal water and forestry programs, water utilities, source water collaboratives and watershed groups, watershed, aquatic, and wildfire staff in the ten USFS Regions and Headquarters, conservation groups, conservation districts, and other forest and water stakeholders.
PFAS Subcommittee Call – Clean Water State Revolving Fund – Emerging Contaminants FAQ
Date: April 23, 2024
Time: 2:00-3:00 ET
On April 23rd, at 2:00pm EST, ACWA’s PFAS Subcommittee will be joined by EPA for a call on the Clean Water State Revolving Fund-Emerging Contaminants (CWSRF-EC) eligibility FAQ.
“The Bipartisan Infrastructure Law appropriates $1 billion over five years (FY 2022 to FY 2026) to the Clean Water State Revolving Fund specifically to address emerging contaminants, including perfluoroalkyl and polyfluoroalkyl substances (PFAS) in wastewater, stormwater, and nonpoint source pollution.
Answers to frequent questions to assist states in developing their application for Bipartisan Infrastructure Law capitalization grants for the CWSRF emerging contaminants funding may be found here: https://www.epa.gov/cwsrf/clean-water-state-revolving-fund-emerging-contaminants.”
To join this call, please register with this link.
DNA-Based Water Quality Monitoring Methods to Support Aquatic and Human Health
Date: April 24, 2024
Time: 2:00-3:15 ET
This is part of a free webinar series to share current research activities and results. Through innovative science and engineering, EPA’s researchers are developing cost-effective, sustainable solutions to 21st century complex water issues. The scientific results and innovative technologies developed support EPA’s mandate to protect the chemical, physical, and biological integrity of our Nation’s water resources, and to ensure safe drinking water and water systems.
You may register here.
NPDES Noncompliance Report (NNCR)
Join U.S. EPA for its next Enforcement and Compliance History Online (ECHO) webinar series on the NPDES Noncompliance Report or NNCR.
Register at https://echo.epa.gov/help/training#upcoming to save your spot at any of the upcoming trainings.
- Quarterly NNCR: DMR Reporting Violations (April 16, 2024, 3:00 – 4:00 pm ET)
- Quarterly NNCR: Effluent Exceedance (April 18, 2024, 2:30 – 4:00 pm ET)
- Quarterly NNCR: Schedule Violations (April 23, 2024, 12:00 – 1:00 pm ET)
- Quarterly NNCR: Single Event/Other Violations (April 25, 2024, 12:00 – 1:00 pm ET)
If you can’t make it, don’t worry, ECHO tutorials and recorded webinars are available at any time. Feel free to forward this announcement on to anyone who might be interested.
ACWA Legal Affairs Committee Meeting – April 30, 2024
On April 30 at 2:00 pm ET, ACWA’s Legal Affairs Committee will host a meeting to discuss the recent Ninth Circuit Court of Appeals opinion in Idaho Conservation League v. Poe, in which a private party was found to have violated the CWA when he dumped suction dredge mining waste into WOTUS without a required NPDES permit. We will be joined by Bryan Hurlbutt with Advocates for the West, who represented Idaho Conservation League in the case, and will lead the discussion.
Please register for the meeting by clicking here.
For more information about Idaho Conservation League v. Poe, please click here.
EPA Infrastructure Finance Webinar: Opportunities to Advance Water Reuse – June 26, 2024
Date: June 26, 2024
Time: 1:00 pm ET
Register: Here
On June 26, 2024 at 1:00 pm ET, EPA will host an Infrastructure Finance Webinar: Opportunities to Advance Water Reuse. The webinar will highlight different federal infrastructure financing programs available for water reuse projects – including EPA’s Clean Water and Drinking Water State Revolving Funds, the Bureau of Reclamation’s WaterSMART Title XVI Program, and USDA’s Rural Development. Representatives from the federal agencies will briefly discuss their funding programs, application requirements, and examples of previous water reuse projects funded under those programs.
Job Opportunities
Information Officer – Resource Room Coordinator
Location: Burlington & Grand Isle, VT
Closing Date: April 21, 2024
To apply, submit your cover letter and resume by email to jobs@neiwpcc.org by April 21, 2024. Please reference #24-LCBP-005 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.
Assistant Environmental Analyst – Hudson River Stewardship
Location: Staatsburg, NY
Closing Date: April 21, 2024
To apply, submit a cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by April 21, 2024. Please reference #24-HRNERR-003 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.
Environmental Analyst 1
Location: Hartford, CT
Closing Date: April 23, 2024
For more information and to apply, visit State of Connecticut Executive Branch Jobs.
Oversight Bureau’s Stormwater Monitoring Program
Location: Albuquerque, NM
Closing Date: May 1, 2024
For more information and to apply, click here.
Utilities Division Manager
Location: Corvallis, OR
Closing Date: May 10th, 2024
For more information and to apply, click here.
Municipal Stormwater Permit Implementation Planner (Environmental Planner 3)
Location: Multiple Locations Statewide, WA
Closing Date: Continuous
For more information and to apply, visit State of Washington Job Opportunities.
Nonpoint Inspector and Compliance Specialist (Environmental Specialist 3)
Location: Yakima County – Union Gap, WA
Closing Date: Continuous
For more information and to apply, visit State of Washington Job Opportunities.
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
