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Home > News and Updates > Weekly Wrap > ACWA Weekly Wrap Vol. XIV, Issue 8 (Week of March 20, 2023)

ACWA Weekly Wrap Vol. XIV, Issue 8 (Week of March 20, 2023)

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News

House Energy Permitting Package Includes Sec. 401 Changes

The House is expected to take up HR 1: Lower Energy Costs Act, later this month. The legislation aims to increase energy production, reform the permitting process for such projects, streamline energy infrastructure and exports, and boost domestic production. H.R. 1 amends Section 401 of the CWA and clarifies that the scope of Section 401 review is restricted to CWA water quality impacts and states may only issue final decisions based on water quality. The bill requires states to publish clear requirements for their water quality certifications and clarifies that states may only consider discharges as a result of Federally permitted or licensed activity, not from other sources. These provisions of H.R. 1 were initially introduced as separate legislation (H.R. 1152) on February 24, 2023, by Water Resources and Environment Subcommittee Chairman David Rouzer (R-NC) and Aviation Subcommittee Chairman Garret Graves (R-LA), as an original cosponsor. It was ordered reported out of the Committee on Transportation and Infrastructure on February 28, 2023, without amendment, by voice vote.

EPA Water Technical Assistance Request Form

Communities have the opportunity to request direct water technical assistance to evaluate their drinking water, wastewater, stormwater infrastructure, and water quality improvement needs at no cost. These services include identifying water infrastructure and water quality improvement needs, planning for capital improvements, building technical, managerial, and financial capacity, and preparing for and developing application materials for financing projects through SRFs or other EPA-supported funding opportunities. EPA will review these requests and connect communities to technical assistance providers. EPA will be coordinating with states, tribes, territories, and other federal agencies. Technical assistance can be provided to local communities, public and private drinking water utilities, public wastewater utilities, public stormwater utilities, states, tribes, territories, and NGOs in pursuit of Clean Water SRF funding.

These services will be allocated as appropriate and are contingent on available resources. EPA is expecting more available resources beginning in Spring 2023. More information can be found here.

NEW Stormwater Capture and Use (SCU) Infographics

EPA’s Water Reuse Program released two infographics demonstrating how SCU can be integrated into the urban environment. These graphics cover both onsite and community-scale reuse for different potable and non-potable applications. Stormwater practitioners can use these graphics to engage stakeholders and decision-makers to explain SCU, show how it can support different water quality and supply goals, and help build support for new projects. These graphics are part of ongoing coordination across EPA’s Office of Water to advance SCU as a resilient water practice. (Action 3.3: Convene Experts on Urban SCU)

Association Updates

2023 ACWA Mid-Year Membership Meeting

This week ACWA hosted its 2023 Mid-Year Membership Meeting which occurred March 15-16, 2023 in Alexandria, Virginia. At the meeting we had 75 in-person participants representing 27 states, DC, 4 interstates, and several individuals from EPA headquarters. At the meeting The Office Directors from OWM, OST, OWOW and OECA joined us to discuss priorities for the coming year and highlighted areas for collaboration and coordination. EPA provided an overview ELG Plan 15, including efforts towards rulemakings or supplemental rulemakings on ELG categories such as Meat and Poultry Products, Landfills, and Steam Electric Power Generation. The plan also highlights the need for studies related to influent PFAS concentrations, PFAS in Textile Mill discharges, and Concentrated Animal Feeding Operations. There were two sessions dedicated to PFAS CWA Program implementations and included key EPA updates on monitoring, risk assessment, guidance, impacts to small communities, biosolids, analytical methods, source identification, updates on state and national water quality criteria, updates on NPDES permits, and ongoing research. OECA provided an overview of the proposed National Enforcement and Compliance Initiative as a next phase in reducing the level of Significant Noncompliance, with a special focus on effluent limit violations. OECA also shared results from a national survey on Inspector Training Needs and EPA’s planned next steps. Representatives from ACWA’s state partner organizations – The Environmental Council of the States (ECOS), the Association of Drinking Water Administrators (ASDWA), the National Association Wetland Managers (NAWM), and the Council of Infrastructure Financing Authorities (CIFA) joined ACWA for a discussion focused on key water program issues and areas ripe for collaboration. In the final session of the meeting states discussed the proposed Tribal Reserved Rights (TRR) rule and potential challenges with implementing as drafted. State and ACWA comments were formally submitted to EPA earlier in the week. The ACWA 2023 Annual Membership Meeting will occur August 9-11, 2023 in Boise, Idaho.

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.

2023 National Pretreatment Coordinators Workshop

May 15 at 8:00 am – May 16 at 5:00 pm
Boise, ID

This meeting is intended to help support states and EPA to build staff capacity, identify challenges & barriers to pretreatment program implementation, highlight opportunities for program improvement & enhancement, showcase pretreatment program innovations, assist with analysis of training, guidance, tools, and other support material needs, improve administrative efficiencies, clarify roles and responsibilities, build strong linkages to other programs, improve data management, identify program areas where targeted technical assistance would be most beneficial, and attempt to solve some of the most intractable pretreatment program issues.

A draft agenda is now available here on the meeting event page.

2023 Water Quality Modeling Workshop – Oct. 23 – 27

ACWA, in partnership with USEPA, will be holding the 2023 Water Quality Modeling Workshop in Salt Lake City, Utah. This workshop will take place the week of October 23, 2023. This workshop will have three breakout tracks, including two hands-on trainings models that are to be determined. The 2023 Water Quality Modeling Workshop supports implementation of state programs by continuing to build a community of practice among state agency staff who use or want to use water quality modeling in state water quality programs.

This workshop is a national meeting organized by ACWA, in partnership with USEPA, for state program managers and staff involved in water quality modeling, as well as for both Regional and Headquarters-based U.S. Environmental Protection Agency managers and staff. More information on lodging and a draft agenda will be shared at a later date.

ACWA is also looking for state staff who may be interested in joining the workshop planning team.

ACWA Legal Affairs Committee Quarterly Call

The next call of the ACWA Legal Affairs Committee will be on March 29, 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.

Updated FY2024 Funding Chart

View the updated funding chart, including the President’s Budget for Fy2024 here.

Meetings and Webinars

Revised Definition of “Waters of the United States” (2023 Rule) – Tribal and State Webinar Series

The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) published the final “Revised Definition of ‘Waters of the United States’” rule in the Federal Register on January 18, 2023; the rule will become effective on March 20, 2023. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth.

EPA and Army are hosting a series of webinars in March and April specifically for Tribes and States to learn about the final rule and implementation considerations. The agencies will first present an overview webinar and will then present three additional webinars on topics of specific interest to Tribes and States. Participants will have the opportunity to submit questions before each topical webinar, and the agencies will use those questions to inform development of the presentations.

All webinars will be held from 2-3:30 p.m. ET and include time for questions and answers. Please submit questions in advance to wotus-outreach@epa.gov. Questions must be received at least one week in advance of the webinar to be considered.

Tribal and State officials can register for individual webinars listed below. Participants should register with their Tribal or State email address, if available so that EPA can ensure attendance is limited to participants from Tribal and State government agencies and member organizations. The webinars, but not the Q&A sessions, will be recorded and posted to EPA’s website at https://www.epa.gov/wotus. 

Please reach out to epa@horsleywitten.com with logistical questions about these webinars or to arrange for accommodations (e.g., sign language interpreters or translation). Accommodations will be provided if received no later than a week prior to each webinar.

Relatively Permanent Standard — March 30, 2023, 2-3:30 p.m. ET

Significant Nexus Standard — April 5, 2023, 2-3:30 p.m. ET

Exclusions and Other Topics — April 12, 2023, 2-3:30 p.m. ET

If you are interested in registering for these webinars, please contact Julia Anastasio.

EPA Inspector Training Webinar Series: The Onsite Inspection: From Entry to Opening Conference

The U.S. EPA’s Office of Enforcement and Compliance Assurance, Office of Compliance invites you to join our new Clean Water Act National Pollutant Discharge Elimination System (CWA NPDES) Inspector Training Webinar Series beginning Thursday, March 30, 2023. The purpose of these webinars is to enrich training for both beginner and advanced EPA and State NPDES Inspectors.

See the attached detailed announcement at InspWebinarFlyer.pdf for more information regarding our first three scheduled webinars, outlined below. Everyone must register to join the webinars.

Thursday, March 30, 2023, 1-2:30pm ET

Wednesday, May 24, 2023, 1-2:30pm ET

Job Opportunities

Municipal Stormwater Permit Planner (Environmental Planner 3)

Location: Lacey, WA
Closing Date: 4/2/2023

Are you passionate about protecting the water quality in Washington State? As the population grows, urban development increases. This means more people, more developed land, and an increase in stormwater runoff and pollution to Washington’s waters. Ecology issues permits under federal and state laws to control surface and groundwater pollution from runoff. We are looking for applicants to join our team who have knowledge in water quality-related planning and implementation, experience developing, planning, and coordinating stormwater programs, and the ability to communicate with a diverse stakeholder group.

For more information and to apply, click here.

Clean Water State Revolving Fund Program Analyst (Program Analyst 2)

Location: Portland, OR
Closing Date: 4/4/2023

Please consider joining an innovative team, and work to advance our agency’s mission to protect and improve Oregon’s environmental quality. The Water Quality Division has a critical role in achieving the Department’s mission by developing policy, implementation tools, and implementation priorities for improving and protecting the quality of water in Oregon’s waterways. The Water Quality Division works cooperatively with the Department’s three regional offices and the Laboratory to deliver programs and services that protect and enhance the quality of the waters of the state to protect public health and the environment.

For more information and to apply, click here.

Remedial Action Hydrogeologist (Natural Resource Specialist 4 – Hydrogeologist)

Location: Portland, OR
Closing Date: 4/16/2023

The Oregon Department of Environmental Quality has a full-time opportunity available for a Remedial Action Hydrogeologist (Natural Resource Specialist 4 – Hydrogeologist) in Portland, Oregon. If you are interested in an opportunity to work with the Cleanup program, consider this position and the Hydrogeologist position at DEQ to start making an impact today!

For more information and too apply, click here.

Environmental Engineer – Wastewater

Location: Des Moines, IA
Closing Date: 3/30/2023

The Iowa Department of Natural Resources has an exciting opportunity for a wastewater engineer who demonstrates technical skills, customer focus and a detail-oriented team player to join the Wastewater Engineering team in the role of an Environmental Engineer and help protect water quality. This vacancy is in the Wastewater Engineering Section of the Environmental Services Division’s Water Quality Bureau. As a wastewater engineer, you will have the distinct opportunity to be an integral part of the engineering team that protects the environment and public health by providing engineering/technical review of construction permit applications and management of wastewater treatment and collection system infrastructure projects including approval of engineering planning reports, antidegradation alternatives analyses, plans and specifications and approve construction permits for non-funded wastewater projects and some Clean Water State Revolving Loan Fund (CWSRF) funded wastewater projects.

For more information and to apply, click here.

Communications Intern – Long Island Sound Study

Location: Stamford, CT
Closing Date: 3/22/2023

The intern’s work will be heavily geared towards implementing LISS Communications, Outreach and Engagement (COE) Plan. The intern will write articles and feature projects on LISS’s various online communications channels, assist with the Living Shoreline Projects interactive map and webpages, perform web updates, support the development of public engagement content, assist with photography and videography initiatives, and provide additional programmatic communications support. The intern will be based in Stamford, CT and will participate in occasional site visits to conduct research and capture photo and video.

For more information and to apply, click here.

401 Water Quality Specialist (Natural Resource Specialist 2)

Location: Portland, OR
Closing Date: 3/21/2023

Are you passionate about preserving, enhancing, and protecting Oregon’s environment? If so, please consider a career with the State of Oregon at the Department of Environmental Quality (DEQ). At DEQ, employees have the opportunity to work with a dynamic and supportive team of mission-focused individuals tasked with maintaining, restoring, and enhancing the quality of Oregon’s air, land, and water.

For more information and to apply, click here.

Surface Water Permitting

Location: Santa Fe, NM
Closing Date: 4/12/2023

The key responsibilities for this position are:

  • Plan, scope, develop, and implement a surface water discharge permitting program including regulation development.
  • Permit writing and pretreatment program implementation, compliance monitoring, enforcement, data management and handling, outreach, and communication.
  • Participate in project planning and program development efforts to ensure a successful roll-out and implementation of a state-run surface water discharge permitting program.
  • Assist with development of a data management system to support the program;
  • Provide effective outreach.
  • Aid with development of regulations. Manage and oversee contracts and projects; and develop guidance documents, policies, and templates related to the permitting program.
  • Facilitate positive working relationships with other state and federal agencies, stakeholders, regulated community involved in surface water discharge permitting and activities.

For more information and how to apply, click here.

Water Quality Scientist (TMDL Planner)

Location: Helena, MT
Closing Date: 3/31/2023

We are looking for two Water Quality Scientist to join our team in the TMDL Section of the Water Quality Planning Bureau. These positions are focused on the development of total maximum daily loads (TMDLs) and supporting TMDL implementation and other water quality and watershed improvement activities, including wetland protection activities. Writing and implementing TMDLs supports DEQ’s mission to assure that water quality is maintained & improved so that state waters can support all their beneficial uses. Primary responsibilities of this position include: Developing TMDLs to address pollutant loading sources; Organizing, analyzing, and summarizing water quality data and pollutant source information; Working with other internal DEQ program personnel and external stakeholders to compile water quality information and provide guidance and feedback on water quality and wetland improvement activities; Writing TMDL documents that meet all DEQ and EPA requirements; Presenting TMDLs and scientific information to the public and stakeholders; and Documenting water quality improvement and wetland protection actions and evaluating relative success of these actions. Some field work to collect surface water quality data and assess pollutant sources, as well as travel around the state of Montana is required.

For more information and to apply, click here.

Environmental Compliance Specialist

Location: Atlantic, IA
Closing Date: 3/30/2023

The Iowa Department of Natural Resources has an environmental compliance specialist position available within the Field Services and Compliance Bureau Field Office 4, located in Atlantic, Iowa. Within this position you will be involved in furthering the DNR’s mission to conserve and enhance our natural resources by providing environmental compliance assistance and enforcement throughout the southwest Iowa region.

For more information and to apply, click here.

Director of the Health and Ecological Criteria Division in the Office of Science and Technology

Location: Washington, D.C
Closing Date: 4/19/2023

Specific duties of this position include:

  • Serving as a principal advisor to the OST Director and the Assistant Administrator for Water for major program areas assigned to the Division.
  • Planning, developing, organizing, directing, and implementing national policy, priorities, guidance, and strategies regarding the human health and ecological risk assessment for criteria and standards for organic and inorganic chemical, microbiological (turbidity, chlorine residual), and radiological contamination for the purpose of assuring safe and aesthetically desirable water under provisions of the Safe Drinking Water Act; and restoring and maintaining the biological, chemical, and physical integrity of the nation’s water resources under provisions of the Clean Water Act.
  • Providing overall direction and management for a multidisciplinary staff organized across multiple subordinate branches.
  • Accomplishing or directing the actions involved in coordinating HECD programs with internal and external organizations including key officials of EPA; other federal agencies, state, local and tribal governments; private industry; environmental organizations and the public.
  • Demonstrating leadership and commitment to scientific integrity as a top priority in the organization.

For more information and to apply, click here.