News

ACWA Seeks WOTUS Rule 2 Engagement

ACWA sent a letter to EPA Administrator Regan, Assistant Secretary of the Army Collins, and EPA Assistant Administrator for Water Fox urging the agencies to plan for regional, state co-regulator engagement opportunities as they develop a new, durable definition of WOTUS.  Because of states’ unique and congressionally designated role under the CWA as co-regulators, ACWA recommends that EPA consider this journey to be a partnership that includes regular contact and dialogue through workgroups, focus groups, forums, calls, and other communication channels, throughout the life of this effort.  The ACWA letter mirrors a similar letter sent to EPA and the Army from the Western States Water Council and the Association of State Wetlands Managers.

8th Circuit Court of Appeals Issues Blending Mandamus

In 2013, the 8^th Circuit Court of appeals held that EPA’s “blending rule” was substantively defective because it applied effluent limitations to a facility’s “internal secondary treatment processes, rather than at the end of the pipe” (Iowa League of Cities v. EPA, 711 F.3d 844 (2013)). The court found the rule exceeded EPA’s statutory authority.” Id. In reaching that holding, we did not differentiate between combined and separate sewer systems. As of this date, EPA continues to regulate blending as a prohibited bypass in the Eighth Circuit for CSOs. A federal court of appeals can use mandamus to preclude an agency from taking steps to evade the effect of its mandate, even if these steps were not expressly contemplated by the prior decision (AT&T Corp. V. Iowa Utils. Bd., 525 U.S. 1133 (1999)). The 8^th Circuit court indicated that a mandamus was appropriate in this instance because there is “no other adequate means to attain the relief desired,” the right to issue the writ is “clear and indisputable,” and the court is “satisfied that the writ is appropriate under the circumstances.” The court chose not to expand the decisions’ jurisdictional reach beyond the 8^th Circuit, denying “the petitioner’s request for a nationwide mandate relating to its challenge of the EPA’s non-acquiescence, however. All of the petitioner’s members are located within the Eighth Circuit and are not injured by the EPA’s non-acquiescence outside the Eighth Circuit.”

U.S. Department of Treasury Issues Final Rule with Funds for COVID Response

Yesterday the U.S. Department of Treasury issued a Final Rule for the State and Local Fiscal Recovery Funds (SLFRF) program which will deliver $350 billion to state, local, and tribal governments to support their response to and recovery from the COVID-19 pandemic. A press release from Treasury indicates the SLFRF program is “set up to ensure governments have the resources needed to respond to the pandemic, including providing health and vaccine services, supporting families and businesses struggling with the pandemic’s economic impacts, maintaining vital public services, and building a strong and equitable recovery.” The final rule – which takes effect on April 1, 2022 – provides additional clarity and flexibility for recipient governments, including:

• A non-exhaustive list of uses that recipients can use to respond to COVID-19 and its economic impacts. Includes clarifying that recipients can use funds for certain capital expenditures to respond to public health and economic impacts and making services like childcare, early education, addressing learning loss, and affordable housing development available to all communities impacted by the pandemic.
• Expanded support for public sector hiring and capacity, which is critical for the economic recovery and in maintaining vital public services for communities.
• Streamlined options to provide premium pay for essential workers, who bear the greatest health risks because of their service in critical sectors.
• Broadened eligible water, sewer, and broadband infrastructure projects – understanding the unique challenges facing each state and locality in delivering clean water and high-speed broadband to their communities.
• A greatly simplified the program for small localities – many of whom have received a historic federal investment in their communities through this program – including through the option to elect a standard allowance for revenue loss rather than calculating revenue loss through the full formula.

An overview of the final rule can be found here. A copy of the rule language can be found here.

Association Updates

WOTUS/NWPR Workgroup Monthly Call

The next meeting of the WOTUS/NWPR Workgroup monthly call will be held on January 12, 2022 from 2:00 to 3:30 PM ET.  The discussion will focus on climate and environmental justice issues.  If you are interested in participating in the workgroup discussions, please contact Julia Anastasio or Jasper Hobbs.

Uncommon Dialogue: Examining Hydropower Licensing Improvements

Please join us for a discussion on improving hydropower licensing with representatives of the Uncommon Dialogue on January 13, 2022, from 2 – 3 PM ET.  Contact Julia Anastasio for registration information.

ACWA serves on the Steering Committee of the Uncommon Dialogue for Hydropower.  The Uncommon Dialogue is a joint effort of Stanford University’s Woods Institute for the Environment, Stanford’s Steyer-Taylor Center for Energy Policy and Finance, and the Energy Futures Initiative.  Phase I of the Uncommon Dialogue for Hydropower brought together environmental and river conservation communities and the U.S. hydropower industry and culminated in a Joint Statement of Collaboration on U.S. Hydropower: Climate Solution and Conservation Challenge in October 2020. The Joint Statement shares a commitment by the signatories to work on seven areas for joint collaboration (i.e., Working Groups) and to identify and implement actions that achieve the mutual interest in addressing climate change by both advancing the renewable energy and storage benefits of hydropower and the environmental and economic benefits of healthy rivers.

The work of the Uncommon Dialogue is accomplished by several working groups.  Working group 6 — Licensing, Relicensing, and License Surrender – would like to meet with ACWA members to examine improvements to the licensing, relicensing, and license surrender processes that will benefit tribes, federal and state agency decision-making, license applicants, environmental organizations, and other interested organizations. The recommended changes will achieve improved decision making, transparency, efficiency and public engagement.

Meetings and Webinars

EPA Webinar: ECHO Detailed Facility Report Training Webinar

Date: January 11, 2022
Time: 3:00 – 4:30PM EST
Register here

Join U.S. EPA for an Enforcement and Compliance History Online (ECHO) webinar on Tuesday, January 11, 2022, 2:30-4:00 PM Eastern. This is an advanced water webinar that will explore CWA violations on the ECHO Detailed Facility Report (DFR) and the mapping from the source data system, ICIS-NPDES.

The demonstration will focus on the DFR’s Three-Year Compliance History table’s Facility-Level Status, QNCR History, and violation details for the four violation types. We will explain how the four RNC statuses on the NPDES Permits Basic Info screen of ICIS-NPDES roll-up to display a single quarterly status on the DFR. Where applicable, we will walk through examples of non-RNC, RNC, and SNC/Cat. 1 violations displayed and how these map back to the RNC detection and resolution codes in ICIS-NPDES. We will also describe the timing of data refreshes, quarter 13 status and violations, and the timeline to shift quarters after the official QNCR run.

Please register using your EPA, state, or local government email address – this webinar is for governmental employees only, please only share with those in your organization.

Smart Tools for Field Inspectors

U.S. EPA’s Office of Enforcement and Compliance Assurance will offer several upcoming training classes on the E-Enterprise Smart Mobile Tools for Field Inspectors, for clean water (National Pollutant Discharge Elimination System) basic training as well as advanced training on new features in the latest software release.

On January 12 at 2-4 p.m. Eastern, EPA will offer Smart Tools: Advanced Training, focusing on the latest Smart Tools features now available, including accessing EPA and state EJ information directly from Smart Tools, accessing compliance history for NPDES users, merging and tagging third-party photos and updated photo log dashboards, updating final field notes and inspection reports to accommodate late confidential business information claims, bulking upload of permit conditions/requirements, and other features.

On January 26 at 2-4 p.m. Eastern, EPA will offer introductory training for state and EPA staff on Smart Tools: Basic Training for NPDES Users.

For more information or to receive the Zoom link information, contact Cassandra Rice of EPA.

Addressing State, Tribal, and Local Needs related to Wildland Fire and Climate & Equity Research

Date: January 25, 2022
Time: 3-4 PM ET
Register here

In 2021, EPA’s Office of Research and Development (ORD) hosted several listening sessions for states, tribes, and local agencies to solicit input on key issues related to research on wildland fires, climate & equity, and cumulative impacts assessments. We are hosting two webinars as follow-up to these listening sessions. This first webinar will focus on wildland fires and climate & equity.

This webinar will consist of an overview of the listening sessions including what we heard from states, tribes, and local agencies. We will also present what ORD is currently doing in these areas, as well as areas under discussion for future research.

Job Opportunities

Senior NPDES Permit Writer | Oregon Department of Environmental Quality

Location: Salem or Eugene, OR

Closing Date: January 23, 2022

The candidate will develop complex or innovative National Pollutant Discharge Elimination System (NPDES) permits that originate in any part of Oregon. They will solve difficult NPDES permit-related problems, such as developing strategies for compliance with water quality standards or discharges to water-quality limited water bodies. In addition, the candidate will review permits in final draft from statewide permit program staff for consistency and compliance with federal and state requirements, including technical and policy issues.

For more information, click here.

Hydrogeologist/Permit Writer | Washington Department of Ecology

Location: Shoreline, WA

Closing Date: January 12, 2022

The candidate will provide hydrogeologic analysis and technical assistance related to water resource management and water rights processing, and will make decisions on water rights applications. Furthermore, they will develop in-depth knowledge of regional hydrogeology and hydrogeologic principles related to water availability and environmental impacts due to withdrawal and use of water. Gaining knowledge of water resources science and the state’s legal framework will support regular engagement with other agencies, tribes, businesses, interest groups, and local governments regarding very complex issues.

For more information, click here.

Water Quality Compliance Specialist | Oregon Department of Environmental Quality

Location: Salem or Eugene, OR

Closing Date: January 23, 2022

The candidate will serve as a compliance specialist and permit writer for Western Region. As a compliance specialist, they will be responsible for reviewing discharge monitoring reports, inspecting various activities and permittees to determine compliance with federal and state water quality regulations, responding to complaints, providing technical assistance to sources to maintain or return to compliance, and issuing warning letters, pre-enforcement notices, and enforcement referrals. In addition, the candidate will write permits and assign general permits for sources in Western Region.

For more information, click here.

Water Quality Regional Loan Program Planner | Washington Department of Ecology

Location: Lacey, WA

Closing Date: January 24, 2022

This position is responsible for providing planning expertise and consultation for water quality grant and loan financial management. In this position, you will coordinate and communicate funding strategies with program stakeholders, the EPA, Department of Health, Puget Sound Partnership and other state agencies, as well as the program’s management team and the agency’s executive leadership team.

For more information, click here.

Senior Complex TMDL/NPS Specialist | Oregon Department of Environmental Quality

Location: Bend, Klamath Falls, Pendleton, or The Dalles, OR

Closing Date: January 23, 2022

The candidate will serve as one of Eastern Region’s experts for developing and implementing Total Maximum Daily Loads (TMDLs) on waterbodies that have complex water quality problems and which require innovative and creative approaches to solving these problems. They will utilize geographic information system (GIS) expertise, as well as statistical analytical and mathematical modeling capabilities to provide regional expertise for spatial analysis of landscape water quality impacts and modeling. The candidate will be the lead author on Watershed Approach basin plans; act as liaison between Eastern Region, DEQ Headquarters and water quality sub programs, EPA, tribal governments, watershed councils and interest groups, and other state and local agencies; coordinate the activities of technical and policy advisory committees; administer Clean Water Act Section 319 (nonpoint source pollution reduction) grants; provide technical assistance to the regulated community and other staff; and respond to complaints that arise in assigned basins.

For more information, click here.

Environmental Specialist Senior | Iowa Department of Natural Resources