ACWA Weekly Wrap Vol. XIV, Issue 6 (Week of February 27, 2023)

News

White House Releases National Cybersecurity Strategy

The Biden Administration released a new cybersecurity strategy that sets out a new regulatory approach to ensuring the security of the nation’s critical infrastructure.

The strategy also seeks to shift the responsibility of cybersecurity efforts beyond end users by holding companies and service providers more accountable for failures to secure software and related technology.

The strategy maps out five main pillars of focus:

Defend Critical Infrastructure
Disrupt and Dismantle Threat Actors
Shape Market Forces to Drive Security and Resilience
Invest in a Resilient Future
Forge International Partnerships to Pursue Shared Goals

The strategy also states that Federal agencies “will use existing authorities to set necessary cybersecurity requirements in critical sectors. Where Federal departments and agencies have gaps in statutory authorities to implement minimum cybersecurity requirements or mitigate related market failures, the Administration will work with Congress to close them.” The strategy is being coordinated by the Office of National Cyber Defense.

NPDES Small MS4 Urbanized Area Clarification; Withdrawal of Direct Final Rule

This week EPA published a notice in the Federal Register announcing that effective today it is withdrawing the direct rule is pursuing the parallel proposed rule, due to an adverse comment. You may recall, in December 2022.

EPA published in tandem a direct final rule and a parallel proposed rule under the same title, NPDES Small MS4 Urbanized Area Clarification. Both the proposed rulemaking and the separate direct final rule would have made the same clarification to the Phase II regulations. Both actions were limited to clarifying that EPA would retain the existing threshold for automatic designation of small MS4s for regulation under the Phase II stormwater permitting regulations. Both actions made a narrow set of changes to EPA’s regulations in order to clarify that the designation criteria for regulating small municipal separate storm sewer systems (MS4s), which has been used since the promulgation of the regulations in 1999, would remain the same. Clarifications are necessary because of the Census Bureau’s recent decision to discontinue its practice of publishing the location of “urbanized areas” along with the 2020 Census and future censuses.

As stated in the original December 2022 Federal Register Notice, “…if EPA receives adverse comments in response to either publication, the Agency will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final rule will not take effect. EPA would then address public comments as required as part of any subsequent final rule based on the proposed rulemaking.” EPA only received two public submission of comments, one of which was adverse.

NNCR is Now Available to the Public

This week EPA met a significant milestone under the CWA NPDES eReporting Rule with the release of the NPDES Noncompliance Reports (NNCRs). EPA and states worked partnership, participating in over 100 calls since the start of this initiative, to develop this new reporting tool, which provides a comprehensive list of CWA violators to the public. The eReporting rule seeks reduce burden on states by having EPA responsible for generating these reports, while providing a building block for future efforts to use the data to construct better targeting methods. The reports cover approximately 450,000 CWA permittees and include a quarterly report (https://echo.epa.gov/facilities/npdes-noncompliance-search) with details on violations and enforcement activities by facility, and an annual report (https://echo.epa.gov/npdes-noncompliance-annual-report) with summary compliance and enforcement information by state, tribe, and territory. And while the NNCR reports can be accessed directly via the links above, other parts of ECHO will be updated in the future to include data from the NNCR itself. More information on the CWA NPDES Reporting Rule can be found here.

EPA Publishes Proposed Analytical Methods

EPA periodically proposes updates to the approved test procedures required to be used by industries and municipalities when analyzing the chemical, physical, and biological properties of wastewater and other samples for reporting under the NPDES program. Examples of where approved analytical methods must be used include the following: (1) applications for NPDES permits, (2) sampling or other reports required under NPDES permits, (3) other requests for quantitative or qualitative effluent data under the NPDES regulations, (4) State CWA 401 certifications, and (5) sampling and analysis required under EPA’s General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR 136.1 and 40 CFR 403.12(b)(5)(v).

In general, the changes proposed in this action fall into four categories: 1) updated versions of EPA methods currently approved in 40 CFR part 136; 2) new or revised methods published by a voluntary consensus standard body or (USGS) that are similar to methods previously adopted by EPA; 3) methods EPA has reviewed under the agency’s national Alternate Test Procedure (ATP) program and preliminarily concluded are appropriate for nationwide use; and 4) certain corrections or amendments to the text and tables of 40 CFR part 136.

EPA is proposing these revisions to improve data quality, update methods to keep current with technology advances, and provide the regulated community with greater flexibility. In addition, this proposed update to the CWA methods would incorporate technological advances in analytical technology and make a series of minor changes and corrections to existing approved methods. Comments on this proposed rule must be received on or before April 24, 2023. For more information on EPA’s proposed changes please click here.

South Dakota Dairy Digesters Required to Obtain a Water Pollution Control Permit

South Dakota currently has 13 dairy digesters approved for construction and others being developed. These digesters are not owned or operated by a permitted dairy. The digesters take manure from a dairy, run the manure through the digester, return the digested manure/process wastewater to the dairy’s manure management system, and it is land applied under the dairy’s nutrient management plan. Some dairies were covering the digester under their water pollution control permit, but others were not, resulting in digesters having different requirements. To ensure manure processing and storage structures, whether at a dairy or digester operation, are properly designed, constructed, operated, and maintained, the South Dakota Department of Agriculture and Natural Resources worked with legislators, including one who is a dairy producer, on Senate Bill 92. The bill requires operations that process or store manure or process wastewater from the number of animals equivalent to a large concentrated animal feeding operation to either operate under an operation’s water pollution control permit or obtain one of their own. The bill passed through the legislature without a nay vote and was signed into law by Governor Noem on February 27, 2023.

ACWA Joins Streamgage Coalition

ACWA joined a broad-based coalition in urging Congressional appropriators to fully fund the USGS Streamgage network. Specifically, the letter seeks $32M dedicated to Federal Priorities Streamgages, $68M for the Cooperative Matching Funds Program (including $33M for streamgage support), and $35M for Next Generation Water Observing System and data delivery modernization.

Association Updates

2023 National NPDES Permitting Meeting

This week ACWA, with support from EPA, hosted the 2023 National NPDES Permitting Meeting in Washington DC. In person attendance included 95 people with representatives from EPA headquarters, 35 states, and 7 EPA Regional offices. There were 88 people that participated virtually throughout the meeting. Topics for meeting included PFAS permitting and best practices, using technology to improve permitting pace and quality, streamlining the permitting process, climate change, innovative clauses and approaches, backlog root cause analysis, effluent data trends, Maui groundwater discharges, EPA oversight tools, inspector training needs, and different ways EPA and states can better partner. Presentations for this meeting can be accessed by completing the post meeting survey found here.

State Summit on Water Reuse – This Sunday!

On Sunday March 5th, ACWA and partners ASDWA, ASTHO, ECOS, and GWPC, with support from EPA, will convene the third State Summit on Water Reuse, co-located with the annual WateReuse Symposium in Atlanta. This is a primarily in-person, states-only workshop to discuss priority topics and developments in the water recycling regulatory space. Registrants have received a final agenda via email from jadler@acwa-us.org and will receive further weblinks and materials the morning of the workshop.

ACWA Members and their staff who intend to participate but did not RSVP should contact Jake Adler directly.

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 Deputy Assistant Administrator Pigott and other EPA and state association partners. Reserve your room before February 28, 2023 as the room rate will not be guaranteed after this date.

We have added an option for virtual participation that is open to states, interstates, and EPA partners only. Pre-registration will be required. The virtual registration fee will be $125. States, interstates, and EPA partners are able to register virtually on ACWA’s member portal. Virtual attendance access will be shared closer to the event. Please contact Lexy Bailey with any questions regarding registration.

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.

2023 Clean Water Cross-program Workshop – May 4-5, 2023

The 2023 Clean Water Cross Program Workshop will be held May 4-5, in Denver, CO!

This workshop series is intended to help states and EPA better integrate the core CWA programs and improve how they respectively and collectively address current CWA challenges. The kickoff workshop theme, “Implementing WQS that are Challenging to Meet,” will focus on challenges the 303c, 303d, and 402 programs face when implementing certain WQS. For select parameters, meeting WQS may be very technologically challenging. The workshop will focus on:

Enhancing cross-program implementation (e.g., by exploring solutions like WQ targets) based on feasible technologies and best management practices; and,
Solutions which would optimize synergy in managing multiple pollutants; coordination among state programs; and collaboration with the regulated community.

The workshop’s target audience is the 1-3 personnel who manage or have deep experience in the 303c, 303d, and 402 programs in a state. This is the first of six planned workshops supported by a cooperative agreement.

More information can be found here; a registration link and agenda will be posted on the webpage soon. Hotel rooms are available at the local per-diem rate here and potential attendees are encouraged to book their lodging asap.

Meetings and Webinars

ACWA Legal Affairs Committee Quarterly Call

The next call of the ACWA Legal Affairs Committee will be on March 23, 2023, at 2:00 PM Eastern Time. During the call, we will discuss, STATE OF ARIZONA, STATE OF NEVADA, STATE OF COLORADO, THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, et al., Petitioners, v. NAVAJO NATION, et al. SCOTUS will review a decision that revived a long-running lawsuit by the Navajo Nation, which claims that the U.S. Interior Department has a duty to develop plans to provide the reservation with an adequate water supply. If you are interested in participating in the LAC call, please contact Julia Anastasio for registration information.

Training webinar: Developing and Implementing a PFAS Strategy for Pretreatment Coordinators and NPDES Permit Writers

March 23, 2023 | 1:30pm EST | Register Here

Are you an NPDES permit writer or pretreatment program coordinator tasked with developing a PFAS strategy for your state or municipality? Have you read the memorandum issued by U.S. EPA in December, Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs, but don’t know where to begin?

Join us for a webinar on March 23 where speakers from EPA HQ and Regions 1, 3 and 8 walk through the contents and highlights of the memo and provide training on implementing its key components:

How to identify PFAS sources and create a PFAS Industrial User Inventory
How to develop a PFAS sampling plan for POTWs
Real world examples of permitting language and monitoring results.

Please be advised that this webinar has a capacity limit. Please join the webinar early and watch in groups if at all possible. Attendance certificates will not be provided.

FREE National Climate Resilience Training for the Tribal Water Sector

Indian Health Service, in coordination with the U.S. Environmental Protection Agency’s Creating Resilient Water Utilities (CRWU) initiative, is providing a free webinar series for tribal drinking water, wastewater, and stormwater (water sector) utility owners and operators, as well as other tribal water sector stakeholders nationwide.

This free training series will help tribal utilities incorporate climate change considerations into their decision-making, identify adaptation projects to build long-term resilience, and learn about federal and local resources for financing tribal utility resilience projects. Session 1 will kick off with an introduction to climate change impacts as it relates to tribes across the country, an overview of CRWU risk assessment tools and climate data resources, and a case study presentation from a tribal water utility. Session 2 will demonstrate CRWU tools and explain how tribal utilities can identify climate adaptation strategies to protect their assets. In Session 3, tribal funding experts will identify financing programs to pay for adaptive infrastructure projects.

Session 1, Tue, Mar 7, 2023 1:00 PM – 3:00 PM EST: Introduction to Climate Change Impacts

Session 2, Thu, Mar 9, 2023 1:00 PM – 3:00 PM EST: CRWU Tools for Climate Resilience

Session 3, Tue, Mar 14, 2023 1:00 PM – 3:00 PM EDT: Financial Resources for Climate Adaptation Projects