News
ACWA Joins Coalition Letter on CW & DW SRFs
ACWA joined several national groups in urging the Biden Administration to fully fund the Clean Water (CW) and Drinking Water (DW) State Revolving Fund (SRF) programs in his Fiscal Year 2024 budget request. The letter urges the Administration to fund both the CW and DW SRFs at $3 billion respectively in FY 24. The letter stresses that in order to meet the need for affordable financing for water infrastructure that protects public health and the environment, the bipartisan Infrastructure Investment and Jobs Act of 2021 (BIL) appropriated $23.416 billion over five years in supplemental funding to CW and DW SRF and authorized Congress to increase annual appropriations to $2.4 billion in 2022, $2.75 billion in 2023, and $3 billion in 2024 for each SRF.
Unfortunately, the 2022 appropriation for the SRFs remained the same as before the BIL – $1,638,826,000 for the CWSRF and $1,126,088,000 for the DWSRF. Moreover, for the first time, the 2022 capitalization grant was used to pay for $838 million in congressional earmarks, resulting in significant cuts to funding for state water infrastructure projects. In 2023, Congress continued to fund the SRFs at pre-BIL levels and used the capitalization grant to pay for even more congressional earmarks. This year, more than half of the appropriation – $1.46 billion – was diverted to congressional earmarks, leaving SRFs unable to fund hundreds of water infrastructure projects that have been selected and prioritized by states. Because of congressional earmarks over the last two years, annual funding for Clean Water SRF state projects has been cut by 40% and annual funding for Drinking Water SRF state projects has been cut by 45%. The groups signing on to the letter include: APWA, AWWA, ASDWA, CIFA, EPIC, NACWA, NAWC, RCAP, WWEMA, WEF, WRA and Water Now Alliance.
ACWA Comments with ASDWA, ECOS, ASTSWMO on EPA Proposal to Eliminate De Minimis Exemption for TRI and Supplier Notification Reporting of Certain PFAS and PBTs
Today, ACWA and partners the Association of State Drinking Water Administrators (ASDWA), the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), and the Environmental Council of the States (ECOS) submitted comments in response to “Changes to Reporting Requirements: Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting,” Docket # EPA-HQ-TRI-2022-0270-0001.
In the letter, the Associations express support for EPA’s proposal, which would eliminate the de minimis Toxics Release Inventory (TRI) reporting exemption for PFAS subject to requirements included in the 2020 National Defense Authorization Act, which ACWA, ASDWA and ECOS requested in 2020. The proposed rule would achieve this by adding applicable PFAS and select persistent, bioaccumulative, and toxic chemicals (PBTs) to the Chemicals of Special Concern List, which (1) would require reporting based on absolute weight of PFAS/PBTs in a commercial product/formulation rather than based on percentage of total weight, and (2) require commercial entities and facilities to perform downstream Supplier Notification Requirements, ensuring that buyers, sellers, and handlers of materials are aware of PFAS/PBT concentrations and corresponding obligations to report discharges and transfers to the TRI and downstream facilities accordingly.
Additionally, the Associations requested that the rule clarify that any PFAS and PBTs added to TRI in the future — via National Defense Authorization Acts or other Acts of Congress, various sections of the Toxic Substances Control Act, or any other means — be automatically listed as Chemicals of Special Concern and subject to these reporting requirements.
You can review the Associations’ letter here.
Vessel Incidental Discharge National Standards of Performance
The U.S. Environmental Protection Agency (EPA) is announcing its intent to develop a Supplemental Notice to the Vessel Incidental Discharge National Standards of Performance proposed rule. EPA anticipates that the Supplemental Notice will provide clarification on the proposed rule, share new ballast water data that EPA is receiving from the U.S. Coast Guard, and discuss additional regulatory options EPA is considering for the final rule. EPA intends to sign the Supplemental Notice in the Fall of 2023 and make it available for public comment in the Federal Register shortly thereafter. During the comment period, EPA will solicit comments specific to the issues identified in the Supplemental Notice. EPA anticipates that the final rule addressing public comments received on both the proposed rule and the Supplemental Notice will be signed for publication in the Fall of 2024. This schedule will be reflected in the 2023 Spring Semi-Annual Regulatory Agenda.
Information on the Vessel Incidental Discharge Act (VIDA) and EPA’s proposed rule are available on EPA’s website at https://www.epa.gov/vessels-marinas-and-ports/commercial-vessel-discharge-standards.
Clean Water Act: EPA Should Track Control of Combined Sewer Overflows and Water Quality Improvements
This GAO report examines (1) EPA’s policy to address CSO discharges, (2) the status of municipalities’ long-term control plans and challenges they faced, and (3) how EPA tracks progress in implementing long-term control plans and improving water quality resulting from CSO controls. GAO analyzed law, policies, and guidance related to CSOs, as well as EPA reports; and interviewed EPA officials. GAO also reviewed a sample of 11 municipalities that were in different phases of implementing long-term control plans or similar efforts. Several municipalities face challenges in addressing CSOs, and have had to extend their completion dates. Eight municipalities’ have plans that are ongoing, with planned completion dates out all the way to 2040. Two have completed their construction work and/or are near completion, and one is in litigation over whether it must update its plan or not. The GAO found that EPA lacks consistent nationwide data which prevents the agency from reporting on the status of long term control plans or their effect on water quality. According to EPA officials, the agency does not currently have performance goals and measures to track the implementation status of the control plans or water quality improvements. The GAO made three specific recommendations:
- EPA should develop a performance goal and measure(s) to track and assess the status of long-term control plans or other control plans for municipalities with CSOs.
- EPA should develop a performance goal and measures to track and assess the improvements to water quality resulting from CSO controls implemented by municipalities with CSOs.
- EPA should report on nationwide progress and results of municipalities’ efforts to control CSOs.
For more details on the GAO report please click here.
Nutrients Reduction Progress Tracker, Version 2.0
The Nutrients Working Group (“NWG”), a partnership between ACWA, EPA, and ASDWA, began work in 2014 to identify a set of measures that demonstrated progress toward nutrient reduction in the nation’s waters. States expressed concern that the only national metric for demonstrating progress on addressing nutrient pollution was the establishment of nitrogen and phosphorus criteria for lakes, estuaries, and flowing waters.
In February 2017, the NWG finalized a beta version of the tracker and released it to Iowa, Oregon, Wisconsin, Kansas, and North Carolina for testing. Using the results from the beta test and feedback at the March 2017 ACWA Mid-Year Meeting and the August 2017 ACWA Annual Meeting, the NWG finalized Version 1.0 of the tracker. Released in September 2017, the Nutrients Reduction Progress Tracker Version 1.0 – 2017 received responses from 31 states (including the District of Columbia).
This report provides an overview of the responses received, along with comparisons to the first iteration of the Tracker. The report is organized in the same manner as Version 1.0, providing graphs and narrative summaries of the data. 27 states submitted data for the second version of the Tracker, including 23 states that completed the first version as well.
This report provides an overview of the responses received, along with comparisons to the first iteration of the Tracker. The report is organized in the same manner as Version 1.0, providing graphs and narrative summaries of the data. 27 states submitted data for the second version of the Tracker, including 23 states that completed the first version as well.
More information, including the 2019 report, may be found here.
Effluent Guidelines Program Plan 15
On January 31, 2023 EPA provided public notice through the federal register of the availability the final Effluent Guidelines Program Plan 15. Plan 15 “discusses EPA’s annual review of effluent limitations guidelines and pretreatment standards, presents the agency’s preliminary review of certain specific point source categories, provides an update on the analyses and tools that EPA is developing related to effluent limitations guidelines and pretreatment standards, and discusses several new and ongoing rulemaking actions. As part of Plan 15 EPA determined revisions to the effluent guidelines and standards for the Landfills Category (40 CFR part 445) are warranted. EPA also determined the need for a detailed study of: 1) the Textile Mills Category (40 CFR part 410) will be expanded to gather information on the use and treatment of PFAS in this industry and associated PFAS discharges; 2) a POTW Influent Study of PFAS will focus on collecting nationwide data on industrial discharges of PFAS to POTWs, including categories recently reviewed. EPA plans to verify sources of PFAS wastewater and help POTWs assess the need for control measures at the source; and 3) a detailed study of the Concentrated Animal Feeding Operations Category (40 CFR part 412). EPA also indicated they were not pursuing further action for the Electrical and Electronic Components Category (40 CFR part 469) but will continue monitoring this category for PFAS discharge data and that EPA would continue to monitor PFAS use and discharges from the Pulp, Paper, and Paperboard Category (40 CFR part 430) and airports.
EPA Finalizes Clean Water Act Financial Capability Assessment Guidance
This week, EPA published the final Financial Capability Assessment (FCA), which appeared in today’s Federal Register. The guidance and its previous iterations have been used by municipalities, states, and EPA to consider the capability of communities to financially support wastewater pollution control infrastructure upgrades that would meet Clean Water Act goals and requirements stipulated in Water Quality Standards (WQS) and discharge permits, particularly as required under the Combined Sewer Overflow Policy.
The guidance uses various local financial and affordability metrics relative to national financial and affordability benchmarks to help communities and permit authorities determine a feasible schedule and infrastructure capital plan, including lowest quintile income, population living under 200% poverty level, percentage of vacant housing units, and other indicators of households’ and communities’ ability to afford wastewater service rate increases. The guidance specifies the types of financial assistance and implementable infrastructure that communities should explore before requesting a CWA compliance schedule extension (which the FCA now outlines as up to 20 years for high-impacted communities or 25 years for unusually high-impacted communities) or WQS Variance. The guidance also outlines specific procedures for communities of less than 3,000 people. State can use this guidance when evaluating community affordability issues, CWA goals and requirements, and infrastructure project proposals, as well as when considering potential WQS Variances or Anti-degradation reviews; EPA will continue considering communities’ financial situation and constraints relative to CWA requirements on a case-by-case basis. The guidance supplements, but does not replace, the 1995 Interim Economic Guidance for WQS but does replace the 1997 Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development.
EPA has been working with various stakeholders to update the FCA for several years, which has included the release of draft FCAs for public comment. ACWA and EPA have engaged on the matter several times during the update process.
You can find the final FCA, a fact sheet, FAQ, press release, and related tools and technical assistance resources on EPA’s FCA webpage.
Reminder: New Approach Methodologies in the Endocrine Disruptor Screening Program Available for Review and Comment
In January, EPA published and solicited public comment on a draft White Paper entitled, “Availability of New Approach Methodologies (NAMs) in the Endocrine Disruptor Screening Program (EDSP).” This draft White Paper was developed pursuant to the Federal, Food, Drug and Cosmetic Act (FFDCA), which requires that EPA screen pesticide chemicals for their potential to cause endocrine disruption and to protect human health from substances with endocrine effects. EPA has been working to develop NAMs to more quickly screen chemicals for endocrine disruption, reduce the use of vertebrate animal testing, and ensure that pesticide decisions continue to protect human health and the environment. This draft White Paper announces that certain NAMs have been validated and may now be accepted by the EPA as alternatives for certain EDSP Tier 1 assays while others are useful for prioritization purposes and for use as other scientifically relevant information, where appropriate, in weight of evidence evaluations.
The EDSP uses a tiered approach for screening chemicals; Tier 1 screening data is used to identify substances that have potential to interact with the endocrine system, and chemicals that go through Tier 1 screening and are found to exhibit potential to interact with the estrogen, androgen, or thyroid hormone systems will proceed to Tier 2 for testing.
You can learn more and review the white paper here, and comment here no later than March 20, 2023.
Association Updates
2023 National NPDES Permitting Meeting
February 28 – March 2, 2023
Washington, DC
This is a closed meeting intended to support state and EPA staff capacity, identify challenges & barriers to NPDES program implementation, highlight opportunities for permitting authority program improvement & enhancement, showcase NPDES program innovations, assist with analysis of training, guidance, tools, and other support material needs, improve administrative efficiencies, clarify roles and responsibilities, build stronger linkages to other programs, modernize permit terms, improve data management, discuss program performance measures, identify program areas where targeted technical assistance would be most beneficial, and attempt to solve some of the most intractable NPDES Program issues.
Updated information about this meeting can be found here. A draft agenda has been posted.
ACWA Mid-Year Meeting, March 15-16: Registration and Lodging Reminder
The 2023 ACWA Mid-Year Meeting is just weeks away! Visit ACWA’s meeting page to see the latest agenda updates and to register. ACWA will be joined by Assistant Administrator Radhika Fox and other EPA and state association partners. Reserve your room before February 20, 2023 as the room rate will not be guaranteed after this date.
2023 Nutrients Permitting Workshop – May 1-3, 2023
The 2023 Nutrients Permitting Workshop will be held May 1-3, in Denver, CO!
This workshop is part of a series of meetings focused on nutrients permitting through a grant between EPA, ACWA, and WEF. The workshop series is intended to help support states and EPA to further identify challenges & barriers to nutrient permitting program implementation, highlight opportunities for program improvement & enhancement, showcase innovations, assist with analysis of training, guidance, tools, and other support material needs, improve administrative efficiencies, clarify roles and responsibilities, promote program streamlining, build stronger linkages to WQS & TMDLs, modernize permit terms and data management, revise program performance measures, identify program areas where targeted technical assistance would be most beneficial, and attempt to solve some of the most intractable nutrients issues.
This is the eighth and final workshop under this grant. This workshop will focus state successes and lessons learned based on a variety of topics covered throughout the previous seven workshops in this series. A portion of the agenda will also look ahead at what States feel is the future of nutrients permitting.
A draft agenda may be found here. Rooms are available at the local per-diem rate here.
This workshop is for ACWA Members, who may register here.
Meetings and Webinars
EPA Tools & Resources Training Webinar: Climate Change Adaptation Resource Center (ARC-X)
Thursday, February 9, 2023, 3:00 to 4:00 pm ET | Register Here
EPA’s Climate Change Adaptation Resource Center (ARC-X) is an innovative system designed to help all 40,000 communities across the US anticipate, prepare for, and adapt to the impacts of climate change. The ARC-X is unlike any other resource currently available to the public. Users are given an opportunity to first “self-identify” by indicating the region of the country in which they live and the specific issues of concern to them. The system then provides them with an integrated package of information tailored specifically to their needs, including insights on the implications of climate change for the issues they care about, case studies of how similar communities have successfully adapted, access to adaptation tools to replicate those successes, available training, and information on federal sources of funding. This webinar will provide an overview of ARC-X and how to use it.
Training Webinar Series: National Climate Resilience Training for the Tribal Water Sector
The CRWU initiative is providing a free, national training for tribal drinking water, wastewater, and stormwater utilities and their stakeholders. The training is a three-part webinar series developed in coordination with the Indian Health Service, and will be held on March 7, 9, and 14 from 1-3pm ET. These webinars focus on building resilience to the impacts of climate change, identifying adaptation strategies, and tribal utility infrastructure financing. Email ramming.audrey@epa.gov for registration information or register for the training here under the name EPA CRWU Three Part Webinar Series.
State/ Interstate Only Briefing on Revised Definition of WOTUS
Representatives from EPA and the Army Corps will join ACWA on February 7, 2023, from 2:00 to 3:30 PM ET, to provide an overview of the revised definition of WOTUS and to answer implementation questions. If you are interested in participating in the call, please contact Julia Anastasio for a registration link.
EPA Webinar: ECHO EPA/State Dashboards
Date: 2/14/2023
Time: 1:30pm – 2:30pm eastern
Register: Webinar Registration – Zoom (zoomgov.com)
Join EPA for its next Enforcement and Compliance History Online (ECHO) webinar on February 14 at 1:30-2:30 p.m. Eastern. The webinar will explore how to use ECHO EPA/state dashboards. The dashboards provide a visual depiction of enforcement and compliance data as they relate to agency performance. It will provide examples of using the dashboards for several programs. In addition, it will demonstrate the modernized EPA/state dashboard functionality, highlighting new and updated interactive features. View this and other ECHO tutorials and recorded webinars anytime.
EPA Webinar: Watershed Delineation in ArcGIS and Python
Date: 2/21/2013
Time: 1:00 – 3:00pm eastern
Register: Webinar Registration
In this webinar, we will explore different coding methods to delineate a watershed from a specific latitude and longitude. After the watershed is delineated, we will also create visualizations of the delineated watershed. Participants will receive coding scripts and visualization templates that can be applied for future use.
The objectives of this series include:
- Incorporate reproducible and efficient workflows into data workflows for water quality modeling
- Acquire, process, and explore common types of data used in water quality modeling
- Create and modify coding scripts for future use.
Job Opportunities
Environmental Program Manager I or II | Association of Clean Water Administrators
Job Location: Combination of In Person at ACWA’s Washington, DC Office and Telework Opportunities
Apply By: February 8th, 2023. Please email a cover letter, resume, and a writing/materials sample to aivey@acwa-us.org with the email subject “Attn: Human Resources”.
This position reports to and supports the Executive Director in the development and implementation of ACWA’s mission and policies. The ideal candidate has working knowledge of Clean Water Act programs such as NPDES permitting and Water Quality Standards; is versed in water quality topics like nutrient pollution; understands government affairs and water quality stakeholders; and has experience with project management. Candidates should have a Post-Graduate Degree (Masters, Doctoral, JD), JD preferred. Some travel is required in this position for the purpose of meeting with stakeholders and for various ACWA meetings.
View the full position announcement here.
Groundwater Characterization Geologist | Virginia Department of Environmental Quality
Job Location: Richmond
Closing Date: Open until filled
For more information and to apply, click here.
Wetland Program Project Officer | New Mexico Environment Department (NMED)
Job Location: Santa Fe
Apply By: February 5th, 2023
NMED’s Surface Water Quality Bureau has a new opening on the Wetlands Program Team. Wetlands Program Project Officers manage existing fully funded wetlands program projects and develop new wetlands restoration, mapping, monitoring, and planning projects through inter-agency and local coordination. Wetlands Program Project Officers also provide oversight to produce new wetlands action plans (watershed plans) for future wetlands program projects, prepare grant proposals and project work plans, conduct procurements for contractors, and implement projects through contractors and Bureau resources.
View the full position announcement here.
Surface Water Quality Bureau Project Officer | New Mexico Environment Department (NMED)
Location: Santa Fe
Closing Date: February 17th, 2023
Job ID # 130426
NMED # 12203
NMED’s Surface Water Quality Bureau has a new opening on the Total Maximum Daily Load (TMDL) and Assessment Team. The mission of the Surface Water Quality Bureau (SWQB) is to preserve, protect, and improve New Mexico’s surface water quality for present and future generations. This position supports the mission of the SWQB by providing technical expertise on complicated and cross-cutting topics and issues, such as Gold King Mine project administration, probabilistic water quality surveys and reporting, water quality planning projects, and grant and contract management. The SWQB Project Officer will manage and oversee Animas-San Juan Basin water quality projects including the WIIN Act grant and annual conference, serve as co-lead for the Bureau’s statewide statistical (probabilistic) water quality survey, and update the statewide water quality management plan and continuing planning process (WQMP/CPP).
View the full position announcement here.
Surface Water Quality Standards Specialist | New Mexico Environment Department (NMED)
Location: Santa Fe
Closing Date: February 17th, 2023
Job ID # 130574
NMED # 29125
NMED’s Surface Water Quality Bureau has an opening on the Standards, Planning, and Reporting Team. The mission of the Surface Water Quality Bureau (SWQB) is to preserve, protect, and improve New Mexico’s surface water quality for present and future generations. This position supports the mission of the Bureau by investigating, developing, and proposing surface water quality standards (WQS) proposals and revisions in accordance with the federal Clean Water Act and NM Water Quality Act. The WQS define water quality goals by designating uses for New Mexico’s streams, rivers, lakes, and other surface waters; setting criteria to protect those uses; and establishing provisions to preserve water quality. This position also assists with quality assurance and public outreach. This position is primarily responsible for evaluating proposed water quality standards amendments, preparing technical and scientifically defensible water quality standards demonstrations, and testifying before the Water Quality Control Commission (WQCC) on regulatory changes to water quality standards in accordance with State and Federal acts and regulations.
View the full position announcement here.
Research and Monitoring Seasonal Intern | New England Interstate Water Pollution Control Commission (NEIWPCC)
Dates: March 1, 2023 through December 29, 2023
For more details on how to apply, go here.
Industrial Stormwater Program Coordinator | Utah Department of Environmental Quality| Division of Water Quality
Location: Salt Lake City
Closing Date: February 15, 2023
The Utah Division of Water Quality Industrial Stormwater Program Coordinator oversees Utah’s more than 800 industrial stormwater UPDES permits. You will serve as the state’s technical and policy expert on industrial stormwater permitting by preparing permits, inspecting sites, and providing technical assistance and outreach to stormwater permittees.
For more information and to apply online click here.
TMDL/Nonpoint Source Senior Engineer (Environmental Engineer Senior) | ESD/WQB/Water Quality Monitoring and Assessment
Location: Des Moines, IA
Closing Date: February 13, 2023
Job Number: 23-02317
We are seeking a Water Quality Monitoring and Assessment team member to help protect our watersheds and impaired waters in the State of Iowa and ensure clean water for all citizens. This pivotal role is responsible for leading and coordinating the team of total maximum daily load (TMDL) engineers in the prioritization and development of TMDLs. This position also conducts advanced water quality modeling using data that includes, but is not limited to, stream hydrology and the fate and transport of pollutants, to complete TMDLs for Iowa’s 303(d) impaired waters list in accordance with the Clean Water Act and EPA requirements. This position develops guidance and directions related to TMDLs and TMDL methodologies based on review and analysis of available technical information and Department goals. This position reviews technical aspects of TMDLs prepared by program staff and others and provides technical QA/QC on all TMDL projects. This position will facilitate internal and external stakeholder engagement to ensure TMDLs are implementable. This position will serve as a technical expert for nonpoint sources.
For more information and to apply, click here.
Lake Champlain Watercraft Inspection and Decontamination Boat Launch Stewards
Location: Lake Champlain, NY and VT
NEIWPCC and the Lake Champlain Basin Program (LCBP) are seeking multiple
seasonal boat launch stewards to deliver interpretive invasive species spread prevention
messages to boaters on Lake Champlain during the summer of 2023 and to inspect and
decontaminate watercraft as appropriate.
To apply, send a cover letter and resume by email to jobs@neiwpcc.org. Please
reference #23-LCBP-002 in the email subject line. Reviewing applications on a
rolling basis. Interviews will begin in February and will continue until all positions
are filled. Apply early to ensure you’re considered for this summer!
For more information regarding this position, click here.
Environmental Analyst | Rule Specialist
Location: Augusta, ME
NEIWPCC, the Maine Department of Health and Human Services (ME DHHS), and Maine Center for Disease Control and Prevention (ME CDC) are seeking a full-time Environmental Analyst to determine public water system compliance with the state and federal safe drinking water regulations.
To apply, send a cover letter, resume, and writing sample by email to jobs@neiwpcc.org. Applications will be reviewed on a rolling basis, accepting applications until the position is filled. Please reference #23-DHHS-DWP-001 in the email subject line.
For more information regarding this position, click here.
Economist I | Water Planning Fiscal Analyst
Location: Raleigh, NC
Posting Dates: 1/27 – 2/9
For more information and how to apply, click here.
Environmental Specialist II | Surface Water Reclassification Coordinator
Location: Raleigh, NC
Posting Dates: 1/27 – 2/13
For more information and how to apply, click here.
