News
Final 404(g) State Assumption Rule Issued
EPA issued a final rule to streamline, modernize, and clarify the procedures for states, territories and authorized Tribes to administer programs that protect local waterbodies. This is the first comprehensive update to the Clean Water Act Section 404(g) Tribal and State Assumption Program regulations in 35 years. The 2024 Rule for the Clean Water Act Section 404(g) Tribal and State Assumption Program clarifies the procedures and requirements for states, territories and authorized Tribes to assume and administer the Clean Water Act Section 404 permitting program in some waters of the United States. Since the program was enacted in 1977, many Tribes and states have expressed interest in administering the program. Tribes, states and other stakeholders have identified several barriers to assumption and requested that EPA clarify the program’s requirements and procedures.
The 2024 Rule responds to this feedback and establishes new procedures to address these barriers. It also harmonizes the requirements for program assumption with existing requirements for program operation and creates new opportunities for Tribal engagement and public input. Further, the 2024 Rule clarifies EPA’s oversight role, which will increase transparency and help facilitate conversations between EPA and the assuming state or Tribe. Because the 2024 Rule replaces outdated and unclear procedures with more transparent requirements and more streamlined procedures, the 2024 Rule will facilitate assumption of Clean Water Act Section 404 while ensuring that approved state and Tribal programs are meeting their requirements. For more information, including a pre-publication version of the Federal Register notice and fact sheets, visit the CWA 404g website.
EPA Releases Three Draft Chapters of the WQS Handbook for Public Comment
This week, EPA has released three draft Water Quality Standards (WQS) Handbook chapters for a 90-day public comment period.
“The WQS Handbook provides a plain language discussion of the relevant regulatory and statutory requirements and the EPA’s recommendations for how states, authorized Tribes and U.S. territories can develop and implement WQS consistent with both. The WQS Handbook also serves as a one-stop resource to facilitate a nationally consistent interpretation of the EPA’s WQS regulation at Title 40, Part 131 of the Code of Federal Regulations (CFR). Finally, the WQS Handbook provides useful information for regulated entities and the public when engaging in the WQS development and implementation process.
In 2015, the EPA revised its Part 131 WQS regulation. Based on questions received during that revision process, experiences from implementing the revised regulation, and input the EPA sought from states and authorized Tribes, the agency has updated Chapter 2 on Designated Uses, Chapter 4 on Antidegradation, and developed a new chapter on WQS Variances to include the EPA’s most recent WQS programmatic policy and guidance to implement the regulation at 40 CFR Part 131.
During the public comment period, the EPA will hold informational webinars to provide an overview of the chapters and an opportunity to answer clarifying questions. The EPA expects to hold these webinars the last week of February. The webinars will not be an opportunity to provide comments. All comments must be submitted through the Docket. The EPA’s WQS Handbook page will include webinar information and instructions for providing comments. Please visit EPA’s Designated Uses Website, WQS Variances Website and WQS Academy Website for additional information.”
EPA’s Annual Enforcement and Compliance Assurance Results
Last week EPA published their Enforcement and Compliance Assurance Annual Results for Fiscal Year 2024. The results highlight the agency’s efforts to hold polluters accountable and protect communities from harm. EPA’s enforcement efforts resulted in over 1,800 civil cases, over 121 criminal defendants charged, and more than 225 million pounds of pollution reductions in overburdened communities. During the fiscal year, EPA conducted 53 percent of on-site inspections in communities overburdened with pollution, surpassing its annual goal of 50 percent. Half of EPA’s civil enforcement cases addressed facilities in overburdened areas. These efforts seek to make good on the promise of clean air and safe drinking water for everyone living in the United States. EPA also delivered results from its “Climate Enforcement and Compliance Strategy” that directs all EPA enforcement and compliance offices to address climate change in criminal, civil, federal facilities and cleanup enforcement actions and to pursue climate mitigation, adaptation and resiliency whenever possible in its enforcement actions and compliance assurance program. EPA also saw results from efforts to focus on six FY 2024-2027 National Enforcement and Compliance Initiatives (NECIs), which are designed to address the most significant pollution threats seen nationwide. The current NECIs include the first ever national initiatives on climate change, the forever-chemicals per- and polyfluoroalkyl substances (PFAS) and contamination from coal ash facilities. Additional highlights provided by EPA on their accomplishments this past year include:
- 2.7 million metric tons of carbon dioxide equivalent emissions were reduced, treated or eliminated.
- 227 million pounds of pollution eliminated in communities overburdened by pollution, the highest total ever.
- $1.7 billion in penalties, the highest level since FY 2017.
- 1,851 civil cases concluded – the highest number since FY 2017.
- 121 criminal defendants charged, the highest since FY 2019.
- 8,500+ inspections, nearly 10 percent increase from FY 2023.
- 53 percent of inspections in areas overburdened by pollution.
- 82 percent of completed Superfund enforcement settlement agreements at sites in overburdened communities.
More information on the accomplishments and report can be found at:
Enforcement and Compliance Assurance Annual Results for Fiscal Year 2024
EPA Proposed Rule: Analytical Methods
On December 6, 2024, EPA signed a proposed rule, titled Clean Water Act Methods Update Rule 22 for the Analysis of Contaminants in Effluent, which would add or revise analytical methods, or test procedures, for measuring pollutants (also called parameters) in wastewater. The EPA periodically updates the list of approved methods to reflect advances in technology, refine quality assurance and quality control requirements, and provide entities more choices of approved compliance monitoring methods. Specifically, EPA is proposing to update Title 40, Part 136 of the Code of Federal Regulations (CFR) to add three new methods:
(1) Method 1621 to test for a method defined parameter, adsorbable organic fluorine;
(2) Method 1628, to test for poly-chlorinated biphenyl (PCB) congeners; and
(3) Method 1633 to test for 40 per- and polyfluorinated alkyl substances (PFAS) in wastewater and seven other types of environmental media.
The proposed regulation also would withdraw seven parameters (Aroclor 1016, 1221, 1232, 1242, 1248, 1254, and 1260); add methods previously published by voluntary consensus standard bodies for PFAS, peracetic acid, and hydrogen peroxide; simplify the sampling requirements for two volatile organic compounds; and make a series of minor corrections to existing tables of approved methods in the CFR. This proposed rule does not mandate when a pollutant must be monitored nor whether to establish a discharge limit for a parameter. The agency will accept public comments on the proposed rule for 30 days upon its publication in the Federal Register.
For more information on this proposed rule, visit the EPA’s Clean Water Act Methods website. Once published, you can view the supporting documents for this rule at www.regulations.gov under Docket ID: EPA-HQ-OW-2024-0328. You may also contact Adrian Hanley at (202) 564-1564, or hanley.adrian@epa.gov.
NCLB: Blueprint for Affordable, Equitable and Sustainable Water and Wastewater Services
The No Community Left Behind (NCLB) initiative released a white paper this week focused on informing federal, state and local decision-makers about some of the opportunities available to obtain greater economies of scale. By stimulating dialogue about policies that facilitate regional solutions, the authors seek to improve access to, and consideration of, various forms of regional cooperation. The NCLB is comprised of numerous leaders in the drinking water and clean water sectors and is committed to identifying ways to locally and voluntarily facilitate regional solutions to ensure that every community provides safe and affordable water services. This paper is a resource for local communities to better understand approaches to regional solutions, including benefits and challenges. The NCLB initiative is also committed to the importance of ensuring that equity for all communities is incorporated into the implementation of regional solutions.
Nagle to Retire
Deborah Nagle is set to retire after over 40+ years of government service. Nagle has worked in various Water Programs at the EPA since 1989 as an environmental engineer and later as a senior executive. She currently serves as the Director of the Office of Science and Technology. Nagle worked on several key issues in partnership with ACWA’s members and honored the principles of cooperative federalism. She was a regular attendee of ACWA’s Member meetings and throughout the years she consistently made herself and her staff available to the states and interstates and always listened to ACWA’s concerns with an open mind and a focus on achieving workable compromises. Before OST, Nagle was the Director of the Water Permits Division where she served for six years as the National Program Manager responsible for implementing the NPDES permit program. Before working at the EPA, Ms. Nagle served seven years with the U.S. Army Corps of Engineers. She is a 1982 graduate of the U.S. Military Academy at West Point with a degree in engineering.
Rosaura Conde Named Acting Branch Chief for the Nonpoint Source Management Branch
Rosaura Conde was recently named Acting Branch Chief for the Nonpoint Source Management Branch. In this role, Conde will oversee several key nonpoint source/ 319 programs and the Hypoxia Task Force, among other issues. ACWA has worked with Conde over the years and looks forward to working with her in her new role.
Association Updates
ACWA Annual Member Survey 2024-2025
This week ACWA staff sent out the Annual ACWA Member Survey which helps us evaluate current services and member satisfaction and assists leadership with planning for the future. This survey is 16 questions long and should take no more than 12 minutes to complete. This survey is being sent to all state, interstate, and territorial staff that participate in ACWA activities. Please respond by no later than Friday, December 20, 2024. Thank you in advance for your assistance! We greatly appreciate your feedback!
https://www.surveymonkey.com/r/2024_2025_Annual_Member_Survey
2025 Mid-Year Meeting – Registration Now Available!
Dates: March 12 & 13, 2025
Venue: Hilton Alexandria Old Town, Alexandria, VA
Registration is LIVE! Register HERE
The draft agenda and hotel room block for the upcoming 2025 ACWA Mid-Year Meeting are now available. This year’s meeting will take place on March 12 & 13, 2025 in Alexandria, VA. This will be a closed meeting intended for state members and federal guests. The agenda is in development and will be updated as appropriate.
Make your room reservations today! The room block will close on February 18, 2025.
Check back here for more updates.
Save the Date: 2025 State Summit on Water Reuse
Date: March 19, 2025
Venue: JW Marriott Tampa Water Street
Save the Date! The 2025 State Summit on Water Reuse will take place on Wednesday, March 19, 2025, at the J.W. Marriott Water Street in Tampa, FL. This free, state regulator-only event is hosted by ACWA, ASDWA, ECOS, ASTHO, GWPC, and U.S. EPA, and will be held once again in conjunction with the WateReuse Association Annual Water Reuse Symposium, which begins March 16.
The primary goal of the State Summit is to provide a place for state regulators to share and learn about a range of water reuse issues, network with state colleagues, and coordinate with representatives from select federal agencies. The Summit will feature perspectives from many states and provide an opportunity for participants to share their thoughts and key questions with colleagues from around the country. Past Summit session topics have included: developments in potable reuse around the nation, non-potable reuse for agriculture, industrial reuse trends and experiences (e.g., data centers, produced water), as well as federal updates on the National Water Reuse Action Plan (WRAP) and Interagency Working Group.
ACWA and ASDWA may be able to assist with reimbursement for costs relating to state travel and lodging for the Summit. However, space and reimbursement funds are limited. Please contact Ward Scott (wscott@acwa-us.org) to request travel reimbursement or for more information. Additionally, State Summit participants are eligible to register for the Annual WRA WateReuse Symposium at a discounted (Presenter) rate.
Save the Date: 2025 Water Quality Standards Workshop
Dates: April 22-24, 2025
Location: Des Moines, IA
This workshop is a national meeting organized by ACWA for state staff involved in state water quality standards programs, as well as for both Regional and Headquarters-based U.S. Environmental Protection Agency managers and staff.
The workshop will be held at the Embassy Suites in Downtown Des Moines. Reserve your hotel room here: ACWA Water Quality Standards Workshop. The room block will close March 31, 2025.
Registration information and a draft agenda will be shared at a later date. ACWA does anticipate having travel support for state staff. When available, more information can be found on ACWA’s events page.
Meetings and Webinars
EPA Webinar on Clean Water Programs and Partnerships for Land Protection
December 16, 2024, 1:00-3:00 pm (eastern time)
REGISTER HERE
On Monday, December 16, 2024, from 1:00-3:00 pm (eastern time), EPA will host a Watershed Academy webinar about how Clean Water Act (CWA) programs and partnerships can advance land (and drinking water) protection. During the webinar, speakers will highlight opportunities to integrate land protection across CWA programs, including the CWA Section 319 Nonpoint Source Program, the Source Water Protection Program and the Clean Water State Revolving Fund. The webinar will also share how EPA tools, like How’s My Waterway, can help land conservation organizations and partners. Participants will have an opportunity to ask questions and share their approaches for protecting lands with federal support. The webinar speakers are:
- Jesse Boorman-Padgett, Water Data Integration Branch, U.S. EPA
- Steve Epting, National Nonpoint Source Program, U.S. EPA
- Kira Jacobs, Source Water Protection Program, U.S. EPA Region 1 (New England)
- Alison Souders, Clean Water State Revolving Fund, U.S. EPA
For more information, view the webcast flyer.
EPA Webinar on Alternative Water Sources for Augmenting Water Supplies
EPA’s Office of Research and Development (ORD) is convening a virtual workshop on Alternative Water Sources for Augmenting Water Supplies with EPA Regions and interested states on February 5, 2025, from 1:00 – 5:00 pm. The workshop will discuss ORD’s research to help support the National Water Reuse Action Plan, as well as the needs of EPA regions, states, and Tribes for safe and reliable water supplies. Research will also focus on developing tools and resources for communities to support their decision making regarding alternative water sources. The workshop will provide an opportunity to discuss research gaps, identify opportunities for collaboration on scientific needs, and inform EPA ORD’s research agenda.
While this virtual workshop is in follow-up to the EPA ORD-Region 6-States Meeting held in October, all EPA Regions and interested states are invited to participate. We ask that everyone register for the workshop (link below). Attached are the workshop flyer and draft agenda. We welcome states to suggest specific concerns or issues under the general research topics that they may wish to see included but are not currently in the draft workshop agenda. For each research topic, we will be asking a state representative to talk about some of the on-the-ground challenges their state is facing on this topic and related science needs.
Registration: https://usepa.zoomgov.com/meeting/register/vJItcuCgrjoqHC7INJrV4xGayy42-JWO7_U
Job Opportunities
Executive Director
Location: Washington, D.C.
Closing Date: December 20, 2024
The Association of State Drinking Water Administrators (ASDWA) is dedicated to empowering and equipping states and territories to effectively protect public health with a strong and knowledgeable voice. Our work impacts everyone served by a drinking water system in the U.S. We represent state and territorial agencies that implement the Safe Drinking Water Act (SDWA) by working with the Federal government, including the Environmental Protection Agency (EPA) and other organizations.
If interested in applying for this position, please send a resume, cover letter, and two writing examples (the first-vision of where ASDWA is as an organization and where it could potentially go and the second-example of past technical/policy analysis, each no longer than 800 words) to ExecutiveDirectorSearch@asdwa.org by Friday, December 20th.
Extended Producer Responsibility for Packaging Coordinator
Location: Duluth, Brainerd, Detroit Lakes, St. Paul, Rochester, Mankato, Marshall
Closing Date: December 30, 2024
For more information and to apply, visit Minnesota Careers.
Environmental Analyst – Water Quality Monitoring
Location: Albany, NY
Closing Date: January 5, 2025
To apply, submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by January 5, 2025. Please reference #25-NYS-SW-DEC-001 in the email subject line. Accepting applications until the position is filled. A full position description may be viewed at: https://neiwpcc.org/about-us/careers.
ICWP 2025 Spring Internships
Location: Remote
Closing Date: January 17, 2025
ICWP has immediate openings for up to three interns to assist in accomplishing its mission for Spring 2025. Interns will work with a supervisor to select one or more projects based on interests and skills and receive a $1,000 stipend.
We are looking for interns who are interested in the following project topics:
- Water Data Governance
- Soil Moisture and Evapotranspiration
- Planning Assistance to States (PAS)
- Committee Event Planning
- Others, should a worthy proposal be submitted
See 2025 Internship Announcement here.
Permit Writer (Environmental Engineer 3) (2 positions)
Location: Spokane, WA
Closing Date: Continuous
For more information and to apply, visit Washington’s Job Opportunities webpage.
General Permit Data Specialist/Permit Administrator (Environmental Specialist 3)
Location: Lacey, WA
Closing Date: Continuous
For more information and to apply, visit Washington’s Job Opportunities webpage.
Senior Program Manager, Environmental Policy
Location: Washington, D.C.
Closing Date: Open Until Filled
NAHB is seeking an experienced candidate for the position of senior program manager, environmental policy. This role is responsible for implementing NAHB’s regulatory policy program concerning environmental issues at the federal, state and local level by providing critical analysis of law and regulation; and providing technical assistance to members and HBAs on environmental regulatory issues. Functions performed by this position include the preparation of regulatory comment letters, compliance assistance materials for NAHB’s membership, and performing related regulatory advocacy work before federal and state environmental agencies.
To apply for this position, please submit this application.
Recreational Water Quality Analyst
Location: Cheyenne, WY
Closing Date: Continuous
For more information and to apply, visit Wyoming State Government Jobs.
Environmental Specialist I/II
Location: Dover, DE
Closing Date: Open until filled
For more information and to apply, visit Kent Conservation District.
Environmental Engineer Manager 1 (Surface Water Discharge Permitting Manager)
Location: Pierre, SD
Closing Date: Open Until Filled
For more information and to apply, click here.
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
