News
Guidance for Vessel Sewage No-Discharge Zone Applications
EPA published a Federal Register Notice announcing the availability of the final “Guidance for Vessel Sewage No-Discharge Zone Applications (CWA Section 312(f)).” The guidance is intended to assist state officials with the development of applications for vessel sewage no-discharge zones, designated areas where the discharge of both treated and untreated sewage from vessels is prohibited.
This guidance does not address no-discharge zone programs under CWA Section 312(n) (the Uniform National Discharge Standards) or CWA Section 312(p) (the Vessel Incidental Discharge Act). Those programs address non-sewage discharges incidental to the normal operation of vessels of the Armed Forces and commercial vessels, respectively.
The guidance is housed on EPA’s website at: https://www.epa.gov/vessels-marinas-and-ports/guidance-vessel-sewage-no-discharge-zone-applications. For more information, please contact Kelsey Watts-FitzGerald in EPA’s Office of Wetlands, Oceans, and Watersheds at watts-fitzgerald.kelsey@epa.gov.
Bipartisan Source Water Protection Bill Introduced in the Senate
Last week, the Headwaters Protection Act (S. 1853) was introduced by Colorado U.S. Senator Michael Bennet and U.S. Senator Mike Crapo (R-Idaho). This bipartisan legislation would reauthorize and expand two U.S. Forest Service programs that together prevent water pollution at the source, improve the health of our watersheds, and ensure investments benefit downstream communities. The Headwaters Protection Act improves the Water Source Protection Program (WSPP) by increasing its funding, expanding access to it, and directing the program to prioritize local, collaborative partnerships to protect forests and watersheds. It also creates dedicated funding for Watershed Condition Framework (WCF) and makes a technical change to the program to ensure management activities in our National Forests do not lead to the long-term degradation of our watersheds.
Specifically, the Headwaters Protection Act would:
- Reauthorize the WSPP and increase the authorization of appropriations for the program from $10 million per year to $30 million per year;
- Broaden the range of water users, including historically disadvantaged communities, who can participate in and benefit from the WSPP;
- Reduce financial barriers for water users to participate in the WSPP;
- Prioritize WSPP projects that benefit drinking water quality and improve resilience to wildfire and climate change;
- Make a technical change to the WCF to ensure healthy watersheds do not become degraded; and
- Authorize $30 million in new appropriations per year for the WCF.
EPA Signed Final Rule NPDES Small MS4 Urbanized Area Clarification
On June 12, 2023 EPA published the final rule clarifying Phase II stormwater regulations regarding Census Bureau eliminating the definition of “urbanized area.” Changes to EPA’s regulations are limited to clarifying that the designation threshold criteria of population criteria of 50,000 people for small MS4s will remain the same. Specifically, the final rule replaces the term “urbanized area” in the Phase II regulations with the phrase “urban areas with a population of at least 50,000.” Effective date for this rule is July 12, 2023. Final Phase II Rule Clarification Related to Census Bureau Urban Area Designation Criteria
Framework for Cumulative Risk Assessment
EPA published in the Federal Register a notice announcing the release of a new Framework for Cumulative Risk Assessment. The Framework is the first step in a long-term effort to develop cumulative risk assessment guidance. Building on EPA’s growing experience with cumulative risk assessment, the Framework identifies the basic elements of the cumulative risk assessment process and provides a flexible structure for conducting and evaluating cumulative risk assessment, and for addressing scientific issues related to cumulative risk.
Although this Framework report will serve as a foundation for developing future guidance, it is neither a procedural guide nor a regulatory requirement within EPA, and it is expected to evolve with experience. The Framework is not an attempt to lay out protocols to address all the risks or considerations that are needed to adequately inform community decisions. Rather, it is an information document, focused on describing various aspects of cumulative risk.
This document has benefited from extensive peer input. Earlier drafts of the documents served as background pieces for peer consultations with state, federal and other peer groups. An external peer review, open to the public, was held in June 2002. The document was revised based on input received during the peer consultation and review processes and from public review and comment.
EPA Accepting Public Comments on Candidates to be ad hoc Reviewers for Draft Supplement to the 1,4-Dioxane Risk Evaluation Under TSCA
This week, EPA announced it will accept public comments on candidates under consideration for selection as ad hoc reviewers to assist the Science Advisory Committee on Chemicals (SACC) with their review of the 2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation under the Toxic Substances Control Act (TSCA). Biographies of these candidates are available on regulations.gov and the SACC website.
If selected, candidates will serve as peer reviewers for the 2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation, which will be reviewed by the SACC at a 4-day virtual public meeting on September 12-15, 2023. Registration instructions for the meeting will be announced on the SACC website in mid-August 2023. EPA plans to release the risk evaluation documents for public comment by the end of June 2023.
After the final risk evaluation for 1,4-dioxane was published in December 2020, EPA determined a supplement was needed to consider critical exposure pathways not previously assessed. Specifically, this supplement includes evaluation of additional conditions of use in which 1,4-dioxane is present as a byproduct in industrial processes and commercial products and evaluates risks from general population exposures to 1,4-dioxane released to ambient surface water and groundwater, ambient air, and land. To evaluate these additional exposure pathways, the Agency used new methods and novel applications of existing methods. EPA is seeking review of these new methods because they have not been the subject of public comment or peer review for applications in TSCA risk evaluations. Feedback from this review will be considered in the development of the final supplement to the 1,4-dioxane risk evaluation.
The public comment period will open on June 14, 2023, and end on June 29, 2023. Comments should be submitted to docket EPA-HQ-OPPT-2022-0905 on www.regulations.gov. For additional information, please see the Federal Register notice or contact the Designated Federal Official, Dr. Alaa Kamel at kamel.alaa@epa.gov.
China Cyber Attacker Can Evade Detection on Water and Wastewater Systems Networks
Summary
EPA is issuing this alert to make water and wastewater system owners and operators aware of a new Cybersecurity Advisory (CSA) from the United States and international cybersecurity organizations. The CSA highlights recently discovered malicious activity aimed at critical infrastructure organizations in the United States. The activity is associated with a People’s Republic of China (PRC) state-sponsored cyber actor known as Volt Typhoon.
Volt Typhoon has been active since mid-2021 and has compromised critical infrastructure organizations in the United States and its territories. Organizations affected by this campaign include the communications, manufacturing, transportation, government, and information technology sectors. Water and wastewater systems are also at high risk from this threat. Observed behavior suggests that the threat actor intends to perform espionage and maintain access without being detected for as long as possible.
One of the actor’s primary tactics, techniques, and procedures (TTPs) is living off the land, which uses built-in network administration tools to perform their objectives. This TTP allows the actor to evade detection by blending in with normal Windows system and network activities, avoid endpoint detection and response products that would alert on the introduction of third-party applications to the host, and limit the amount of activity that is captured in default logging configurations. Detecting and mitigating this attack can be challenging.
The Joint Cybersecurity Advisory (CSA) from the United States National Security Agency (NSA), the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the U.S. Federal Bureau of Investigation (FBI), the Australian Signals Directorate’s Australian Cyber Security Centre (ACSC), the Communications Security Establishment’s Canadian Centre for Cyber Security (CCCS), the New Zealand National Cyber Security Centre (NCSC-NZ), and the United Kingdom National Cyber Security Centre (NSCS-UK) provides guidance on detecting and preventing this attack.
Mitigation
Water and wastewater system owners and operators should direct their network administrators to review the CSA and carry out the recommended mitigation procedures. The alert provides examples of the actor’s commands and detection signatures, which will aid network defenders in hunting for this activity.
In addition, water and wastewater owners and operators should adopt the cyber hygiene practices in CISA’s Cross-Sector Cybersecurity Performance Goals, which can reduce the risk of cyber incidents.
- Harden network servers and check event logs for executable files such as ntdsutil.exe and similar process creations
- Audit any use of system administrator privileges to confirm the legitimacy of executed commands
- Limit connections to public internet to required periods of use
- Investigate unusual IP addresses and ports in command lines, registry entries, and firewall logs to identify other hosts that are potentially involved in actor actions
- Review perimeter firewall configurations for unauthorized changes and/or entries that may permit external connections to internal hosts
- Look for abnormal account activity, such as logons outside of normal working hours and impossible time-and-distance logons
- Forward log files to a hardened centralized logging server, preferably on a segmented network
The U.S. EPA Office of Water request recipients to pass along this alert to all Water & Wastewater entities. If you have questions regarding any of the information contained in this document, please contact Brandon M. Carter, Water Infrastructure and Cyber Resilience Division, USEPA (carter.brandon@epa.gov). If you find evidence of potential Volt Typhoon activity please report this activity to FBI at Internet Crime Complaint Center(IC3) | File a Complaint.
Association Updates
States-Only WOTUS Workgroup Call
Please join us on June 20th from 2:30 to 3:30 PM ET for an overview of the recent Supreme Court opinion in Sackett. Donna Downing from the National Association of Wetlands Managers will join us to provide an overview of the recent decision. We will then use the remainder of the time to collect state implementation questions that have arisen since the opinion was released. ACWA and NAWM will then work with EPA/Corps to schedule a webinar with states to address these questions. If you are interested in registering for the call email Julia Anastasio for registration information.
ACWA Legal Affairs Committee Quarterly Call
Our next committee call will be held on June 21 from 2-3 PM ET. We will be discussing 2 cases:
South Carolina Coastal Conservation League, et al., v. EPA, et al. (C.A. 2:22-cv-02727-RMG)
Dakota Finance, LLC, et al. v. Naturaland Trust et al
If you are interested in participating in the call, please contact Julia Anastasio for registration information.
2023 Annual Meeting – Hotel Reservations Open!
Dates: August 9-11, 2023
Location: Boise, ID
Reserve Your Lodging to the Grove Hotel HERE. The hotel room block closes July 14, 2023.
Meeting registration and agenda will be available soon.
Members- Update your State’s Roster!
Let us know if you have any changes to your state member rosters or want to add folks to committee or workgroup lists. A list of active committees and workgroups can be found here. Please contact Lexy Bailey for help updating your rosters.
Meetings and Webinars
National State Revolving Fund (SRF) Workshop
NEIWPCC, in collaboration with the U.S. EPA and partner organizations, is hosting a National State Revolving Fund (SRF) Workshop on July 11-13, 2023 at the Sheraton in Raleigh, North Carolina. The workshop will focus on a breadth of relevant programmatic, financial, and technical aspects of the CWSRF and DWSRF. Topics will range from disadvantaged community outreach and emerging contaminants to climate resilience and nonpoint source management.
Registration and room block will close June 19.
To view the draft agenda, register, and book a room, please visit https://neiwpcc.org/our-programs/srf_workshop/ Any other questions? Please contact James Plummer.
Job Opportunities
Water Quality Specialist (Natural Resource Specialist 3)
Location: Portland, OR
Closing Date: June 29, 2023
You will work for both the stormwater and wastewater permit programs in DEQ’s Northwest Region. You will analyze and evaluate permit application materials and associated technical information; approve individual and general permit applications and associated plans based on the technical feasibility to minimize pollutant delivery to waterways; determine the compliance status of facilities by conducting inspections; analyze water quality data; perform technical reviews of plans and report; review and analyze plans and Discharge Monitoring Reports (DMRs); provide technical assistance on effective water pollution control measures; investigate complaints; consult with regulated entities on applicable laws, rules, and program requirements for achieving compliance; and when violations occur, prepare appropriate enforcement documents and do the necessary communication with the permit holder/responsible entity, internal DEQ audiences, and the public. In addition, you will provide technical expertise to other DEQ staff, the regulated community, and the public to solve difficult problems associated with wastewater and stormwater discharges; interpret rules, regulations, laws, and procedures; and represent DEQ at public hearings and meetings.
For more information and to apply, visit the Water Quality Specialist job posting.
Water Quality Project Manager, 401 Hydropower (Natural Resource Specialist 4)
Location: Bend, Eugene, Klamath Falls, Medford, Pendleton, or The Dalles, Oregon
Closing Date: June 29, 2023
You will serve as a senior project manager for 401 water quality certification for hydroelectric, hydropower, small hydropower, and other related projects as required under the Clean Water Act for projects requiring licensing to the Federal Energy Regulatory Commission (FERC), a state water right, or 404 permit by the USACE. You will also lead technical staff in reviewing and certifying or rejecting projects and ensure that they are consistent with basin management plans and TMDLs being developed. In addition, you will act as a subject matter expert and ensure coordination with other state and federal agencies that have overlapping or complementary jurisdiction, and represent DEQ in determining which of the conditions proposed by other state agencies should be included under Clean Water Act section 401 authority, making determinations regarding fish and wildlife protection, recreation, geological hazard and erosion potential, and instream flow requirements.
For more information and to apply, visit the Water Quality Project Manager job posting.
Environmental Specialist 2
Location: Columbus, OH
Closing Date: June 20, 2023
For more information and to apply, visit the Environmental Specialist 2 job posting.
Environmental Specialist 2
Location: Groveport, OH
Closing Date: June 16, 2023
For more information and to apply, visit the Environmental Specialist 2 job posting.
Environmental Specialist 3
Location: Columbus, OH
Closing Date: June 20, 2023
For more information and to apply, visit the Environmental Specialist 3 job posting.
Chief of Division of Surface Water
Location: Columbus, OH
Closing Date: Ongoing
For more information and to apply, visit the Chief of Division of Surface Water job posting.
Environmental Supervisor
Location: Dayton, OH
Closing Date: June 22, 2023
For more information and to apply, visit the Environmental Supervisor job posting.
