Association Updates
2018 ACWA Member Priorities Survey
In preparation for the upcoming Mid-Year Meeting, we are asking each ACWA member to complete a short survey. The survey is designed to identify states’ key implementation or policy priorities. These priorities will help ACWA leadership and staff focus and guide our work over the coming 12 months. The survey is divided into Clean Water Act program areas and there are comment boxes for you to provide additional comments. We are asking each state to provide one answer to the survey. Please respond to the survey by March 14th, 2019.
Coal Ash Rule – More Details
Last week ACWA sent out notice that EPA plans to update the Disposal of Coal Combustion Residuals from Electric Facilities Rule (Coal Ash Rule). A copy of the prepublication copy can be found here. If your state would like to see ACWA provide comments on this rule, please let us know. This rule will have a 45-day comment period once it is published.
The Agency is proposing four changes associated with the judicial remand and the settlement agreement entered April 18, 2016. The proposed revisions would: 1) clarify the type and magnitude of non-groundwater releases that would require a facility to comply with some or all of the corrective action procedures set forth in 40 CFR §§ 257.96-257.98 in meeting their obligation to clean up the release; 2) add boron to the list of constituents in Appendix IV of part 257 that trigger corrective action and potentially the requirement to retrofit or close the CCR unit; 3) determine the requirement for proper height of woody and grassy vegetation for slope protection; and 4) modify the alternative closure provisions. The Agency is also proposing six alternative performance standards associated with the WIIN Act that would apply in participating states (i.e., those which have an EPA-approved CCR permit program under the WIIN Act.) or in those instances where EPA is the permitting authority. Those alternative performance standards would allow a state with an approved permit program or EPA to: 1) use alternative risk-based groundwater protection standards for constituents where no Maximum Contaminant Level exists; 2) modify the corrective action remedy in certain cases; 3) suspend groundwater monitoring requirements if a no migration demonstration can be made; 4) establish an alternate period of time to demonstrate compliance with the corrective action remedy; 5) modify the post-closure care period; and 6) allow Directors of states to issue technical certifications in lieu of the current requirement to have professional engineers issue certifications. Finally, EPA is proposing to allow the use of CCR in the construction of final cover systems for CCR units closing pursuant to 40 CFR section 257.101 that are closing with waste-in-place. This includes the specific criteria the facility would need to meet. For more information on the rule please contact Sean Rolland.
POTW Study – State POTW Addresses
In 2016, EPA initiated a study to evaluate nutrient removal at POTWs with secondary treatment. The goals of the study are to establish a nationwide baseline for nutrient removal at municipal wastewater treatment plants and to characterize low-cost options, such as operation and management practices, that result in improved nutrient control at POTWs with secondary treatment. The first step in the study is a census of all POTWs in the country. The census will begin this year.
ACWA offered to assist EPA in this effort by providing email addresses and mailing addresses for permitted POTWs in each state. Therefore, if you have not already done so, please contact the proper parties in your state office to pull the addresses for your permitted POTWs and provide them to EPA in a single document. Please email the information to EPA at nutrient-removal-study@epa.gov and cc ACWA’s Mark Patrick McGuire.
If you have any questions, do not hesitate to contact Mark Patrick McGuire.
Direct Hydrologic Connection Workgroup
ACWA is seeking to create a small workgroup of experts to assist in drafting a comment letter in response to EPA’s recent request for comment, Clean Water Act Coverage of “Discharges of Pollutants” via Direct Hydrologic Connection to Surface Water. EPA is requesting comment on the Agency’s previous statements that pollutant discharges from point sources that reach jurisdictional surface water via groundwater or other subsurface flow may be subject to CWA permitting requirements. Specifically, EPA is seeking comment on whether subjecting such releases to CWA permitting is consistent with the text, structure, and purpose of the CWA, whether these releases would be best be addressed under NPDES or some other federal authority, and whether these releases are adequately addressed through state law.
For a copy of the Federal Register notice, go here.
This workgroup will assist in drafting the comment letter while also reaching out to the larger ACWA membership for input. Comments are due May 21, 2018. We plan to get started on the letter before the end of March. If you are interested in joining this workgroup, please contact Mark Patrick McGuire.
2018 National Pretreatment Meeting Speakers
The National Pretreatment Meeting Planning Committee is still looking for speakers from states to present at the meeting. Specifically, the Committee is looking for speakers on the following topics:
- Dental Amalgam – A state/program that has implemented a dental amalgam program since the 2017 rule went into effect.
- Deindustrialization/Changing Industries – States/programs that have dealt with changes in the number and/or nature of IUs and/or have had to delist programs or make significant changes.
- Small Facilities/Food Processing/Breweries – How have states/programs dealt with these types of facilities?
- Emerging Contaminants/Pollutants without Standards
If you would like to participate or have any questions, please contact Mark Patrick McGuire.
Meetings
2018 National Stormwater Roundtable
This week ACWA circulated the post meeting survey for the 2018 National Stormwater Roundtable that occurred February 20-23, 2018 in Atlanta, Georgia. These surveys help ACWA enhance the success of future meetings. By completing this survey, you will be provided a link to all the presentations from the meeting. Please note, even if you were not able to attend the meeting, there is a survey pathway that allows you to skip ahead and also access the presentation link. There are a total of 34 questions and we would greatly appreciate your responses by Friday, March 30, 2018.
2018 National Pretreatment Meeting
The 2018 National Pretreatment Meeting will be held April 17-18, 2018 in Silver Spring, Maryland at the Tommy Douglas Conference Center (“TDCC”), 10000 New Hampshire Ave, Silver Spring, MD 20903. If you plan to attend the meeting, you must register. Please do so by Monday, April 2, 2018. To register for the meeting, go here.
Lodging is available on site at TDCC at rates of $209 for single room and $249 for a double room (plus tax). To reserve a room, please call 240-645-4000 or email guestservices@tommydouglascenter.com. Please ask for the Association of Clean Water Administrators block of rooms when making your reservation. If you choose to stay at TDCC as part of the ACWA room block, complimentary breakfast and dinner are included with your room. The deadline for the room block is Monday, April 2, 2018. For more information on TDCC, go here.
For more information on the meeting, please contact Mark Patrick McGuire.
2018 Nutrients Permitting Workshop
Event and hotel registration for the workshop is live! The 2018 Nutrients Permitting Workshop will be held June 5-7, 2018 in Columbus, Ohio at the Riffe Government Center, 77 S. High Street, Columbus, Ohio 43215. If you plan to attend the meeting, you must register. Please do so by Friday May 18, 2018. To register for the meeting, go here. The agenda is currently in development, however, the meeting will focus on technology, optimization, and related issues.
Lodging is available for the workshop at the Sheraton Columbus Hotel at Capitol Square. Please ask for the Association of Clean Water Administrators block of rooms when making your reservation.
For more information on the meeting, please contact Mark Patrick McGuire.
2018 Emerging Contaminants Workshop
ACWA will be holding an emerging contaminants workshop in Washington, DC on June 20th and 21st, 2018. Topics will include identifying new emerging contaminants, risk communication, criteria development, prevention of emerging contaminants, and remediation. More information will be available shortly. Please contact Frances Bothfeld with any questions.
2018 National CAFO Roundtable
The 2018 National CAFO Roundtable will be held in Boise, Idaho. The meeting dates are Tuesday, September 25, 2018 to Thursday, September 27, 2018. ACWA is still looking for a few volunteers to help us plan the agenda. Likewise, if you have specific topics you would like to present on or you would like to see discussed at the meeting this year, please send us your thoughts and we will share those with the Planning Committee. Finally, ACWA is pleased to be able to help support and organize this meeting because of a cooperative agreement from EPA. As part of that agreement, some state travel funds have been included. Requests for travel support should be submitted to Julian Gonzalez (jgonzalez@acwa-us.org) by Friday, March 9, 2018. For more details on the meeting, please go to ACWA’s 2018 National CAFO Roundtable event page.
