ACWA Weekly Wrap Vol. XVI, Issue 7 (Week of March 17, 2025)

News

OECA Memo on NECIs (Summary Below)

Last week OECA sent out a memo to HQ and Regional staff providing initial guidance on implementing the FY2024-2027 NECIs consistent with recent Presidential Executive Orders and Agency Priorities. Specifically, OECA will “review and revise the NECIs as appropriate to ensure alignment between the NECIs and the Administration’s directives and priorities.” The guidance is effective immediately.

In the short term, environmental justice considerations shall no longer inform EPA’s enforcement and compliance assurance work. These environmental justice considerations are incorporated by references to “vulnerable” communities, “overburdened” communities, and “communities with environmental justice concerns.” All enforcement and compliance assurance actions and decisions must now be careful to avoid using or relying upon those considerations unless expressly required by statute or regulation. Likewise, no enforcement and compliance assurance actions should shut down any stage of energy production absent an imminent and substantial threat to human health or an express statutory or regulatory requirement to the contrary. Beyond these broad directives, the focus of specific NECIs shall be adjusted in the short term as well.

Mitigating Climate Change: Enforcement and compliance will no longer focus on methane emissions from oil and gas facilities.
Protecting Communities from Coal Ash Contamination: Enforcement and compliance assurance for coal ash at active power plant facilities shall focus on imminent threats to human health.
Reducing Air Toxics in Overburdened Communities: Enforcement and compliance assurance will continue to focus on areas with the highest levels of HAPs affecting human health, but will no longer focus exclusively on communities selected by the regions as being “already highly burdened with pollution impacts.”
Chemical Accident Risk Reduction: Future inspections should prioritize high-risk facilities regardless of the regulated chemicals utilized at the facility. Any order or other enforcement that would unduly burden or significantly disrupt energy production shall require the advance approval.

ACWA Legal Affairs Committee Meeting – San Francisco v. EPA

On March 4, the Supreme Court of the United States (SCOTUS) issued a 5-4 decision in the case of City and County of San Francisco v. Environmental Protection Agency, ruling that that inclusion of narrative “end-result” NPDES permit provisions (a/k/a, “receiving water limitations”) exceed EPA’s authority under the Clean Water Act (CWA). In its decision, the Court’s majority stated that the challenged permit provisions – and the use of end-result requirements – violated the CWA’s text, legislative history, and the CWA’s regulatory scheme. The Court also noted the inherent issues with such requirements “when more than one permittee discharges into a body of water with substandard water quality.”  The Court also reasoned that EPA, rather than the regulated community, has the expertise and resources to establish specific permit requirements to ensure permitted discharges will not result in impaired waters.

ACWA’s Legal Affairs Committee will host a meeting on March 27 at 2:00 pm ET to discuss the SCOTUS opinion. We will be joined by Professor Deborah A. Sivas, Director, Environmental and Natural Resources Law & Policy Program, Stanford Law School, who will provide a legal analysis of the case and discuss its potential impacts on NPDES permitting and other Clean Water Act programs.

Please register for the Zoom call here, and please reach out to Ward Scott (wscott@acwa-us.org) with any questions. 

Association Updates

2025 Water Quality Standards Workshop – Room Block Closing March 31st!

Dates: April 22-24, 2025
Location: Des Moines, IA

Registration is currently on a waitlist. Please contact Jasper Hobbs and Lexy Bailey with any questions.

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.

ACWA does anticipate having travel support for state staff. When available, more information can be found on ACWA’s events page.

Save the Date: 2025 ACWA CWA Cross-Program Workshop

Dates: July 21-23, 2025
Location: Chicago (Rosemont), IL

ACWA will host the 2025 CWA Cross-Program Workshop on July 21-23, 2025 in Chicago at the Hyatt Regency O’Hare. The theme for this year’s Workshop will be “CWA Cross-Program Coordination to Improve Nutrient Management and Address Nutrient Pollution.” The 2025 Workshop is the third annual Cross-Program Workshop held in cooperation with EPA.

Cross-Program Workshops bring together state and federal CWA program administrators to discuss and share ways in which cross-program coordination and collaboration can be strengthened to more effectively and efficiently restore and protect the nation’s waters. Participants identify cross-program challenges and barriers to CWA implementation; work toward solutions to cross cutting water quality topics; identify ways to improve technical capabilities; highlight opportunities for cross-program planning, implementation, and co-operation; and clarify linkages, roles, and responsibilities among CWA programs. 

The Workshop target audience will be state regulators from around the country with practical experience and responsibilities in supporting and managing CWA Section 303(c), 303(d), and/or 402 programs, as well as EPA representatives for each of the programs. Attendees should come prepared to discuss ways in which cross-program coordination has been an important aspect of successful program and/or restoration plan implementation, as well as cross-program challenges and needs.

Agenda and Registration: Registration information and a draft agenda will be available soon.

Hotel: Book your hotel room here. The room block will close June 30, 2025.

Travel Support: ACWA plans to provide limited state travel support in the form of a post-Workshop reimbursement. Please contact Ward Scott directly if you know you will require travel support to attend the Workshop.

Save The Date for ACWA’s 64th Annual Meeting in Madison, WI!

Dates: August 13-15th, 2025
Board of Directors will meet August 12th, 2025.

Lodging is now open for reservation!

Venue:
The Madison Concourse Hotel and Governor’s Club
One West Dayton Street, Madison, WI 53703
Room rate: $138 per night

Registration and more information will be coming soon. Check back here for more details.

Meetings and Webinars

Learn About EPA’s Free Cybersecurity Assessments for Drinking Water and Wastewater Systems

Date: March 26, 2025
Time: 2:00 PM – 3:00 PM ET
Register Here

The United States Environmental Protection Agency (EPA) is hosting a webinar to highlight the free cybersecurity assessments EPA provides to water and wastewater systems to identify cybersecurity vulnerabilities and develop a plan to strengthen their cyber defenses. Topics will include an overview of the cybersecurity evaluation program, tips on how utilities can prepare for an assessment, benefits of conducting a cybersecurity assessment, and testimonials from utilities that have received a cybersecurity assessment from EPA to provide insight on how the assessment has helped improve their cyber resilience.   

NPDES Technical Assistance Webinar: Wastewater Lagoons 101: EPA Tools for Operators

Date and Time: March 26, 2025 1:00 PM ET
Register Here

There are more than 4,500 publicly owned discharging wastewater lagoon systems in the U.S. and these lagoons comprise approximately 24% of all publicly owned treatment works (POTWs). This webinar will discuss how lagoon systems are designed to treat wastewater and common compliance problems operators face. The webinar will also discuss several new tools EPA has developed for lagoon operators including the First Stop Toolbox for Lagoons, a Lagoon Troubleshooting Manual, and two documents providing compliance tips for lagoon operators.

EPA Training Announcement/Reminder for ICIS NPDES Training Series

Please share with your staff that use ICIS-NPDES and note, each part will need to be registered separately from one another. 

Additional registration links will be added as we receive them.

Please contact ICIS@epa.gov if you have any questions.

Job Opportunities

Water Quality Permit Compliance Analyst (Program Analyst 1)

Location: Portland, Oregon
Closing Date: March 24, 2025

For more information and to apply, visit Oregon Job Opportunities website.

Environmental Engineer III – Drinking Water

Location: Springfield, MA
Closing Date: April 1, 2025

For more information and to apply, visit MassCareers Job Opportunities.

Environmental Analyst III – Wetlands Program

Location: Springfield, MA
Closing Date: April 1, 2025

For more information and to apply, visit MassCareers Job Opportunities.

Climate Smart Food Systems Industrial Innovation Program Lead

Location: Various Locations, MN
Closing Date: April 3, 2025

For information about the application process, go to http://www.mn.gov/careers.

Climate Smart Food Systems Program Lead

Location: Various Locations, MN
Closing Date: April 3, 2025

For information about the application process, go to http://www.mn.gov/careers.

Climate Smart Food Systems Grant Program Lead – Planner Principle State

Location: Various Locations, MN
Closing Date: April 3, 2025

For information about the application process, go to http://www.mn.gov/careers.

Climate Smart Food Systems Industrial Innovation Program Lead Vehicles – Planner Principle State

Location: Various Locations, MN
Closing Date: April 3, 2025

For information about the application process, go to http://www.mn.gov/careers.

Environmental Compliance Inspector

Location: Helena, MT
Closing Date: April 5, 2025

For more information and to apply, visit Montana’s Official State Website.

Environmental Analyst – Long Island Sound Regional Coordinator

Location: Albany, NY
Closing Date: April 5, 2025

To apply, submit your cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by April 6, 2025. Please reference #25-LISS-001 in the email subject line. Accepting applications until the position is filled. A full position description and benefits may be viewed at: https://neiwpcc.org/about-us/careers.

Aquatic Invasive Species Boat Launch Stewards

Location: Lake Champlain, NY and VT
Closing Date: Open until filled

To apply, submit a cover letter and resume by email to jobs@neiwpcc.org; please reference #25-LCBP-003 in
the email subject line. Application review will begin on February 2, 2025, and will continue on a rolling basis until all positions are filled. A full position description may be viewed at: https://neiwpcc.org/aboutus/careers.

Be sure to check out other opportunities on ACWA’s Job Opportunities page.