Office of Wastewater Management (OWM)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Discharges of Pollutants through Groundwater (Direct Discharge) | On November 20, 2023, EPA issued a draft guidance titled, "Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act Section 402 National Pollutant Discharge Elimination System Permit Program to Discharges through Groundwater." The draft guidance describes the decision’s functional equivalent analysis and explains the types of information that should be used to determine which discharges through groundwater may require coverage under a NPDES permit. https://www.epa.gov/npdes/releases-point-source-groundwater |
| Sean Rolland |
| Section 402/404 Negligence Standard | States can seek approval to administer the 402 (NPDES) program and can assume the dredge and fill activities under 404(g). EPA is considering regulations to clarify the criminal intent standard applicable to state and tribal CWA 402 and 404(g) programs when administering those programs. |https://www.regulations.gov/docket/EPA-HQ-OW-2020-0517 |
| Sean Rolland |
| Market-Based Approaches under the NPDES Program | EPA supports market-based mechanisms to accomplish its mission to protect human health and the environment. Market-based mechanisms include water quality trading under the Clean Water Act (CWA), an approach that promotes water quality improvements at lower cost than more traditional regulatory approaches. The Agency has long interpreted the CWA to allow pollutant reductions from water quality trading and offsets to achieve compliance with CWA regulatory requirements. EPA is proposing a regulation to clarify how water quality trading and other market-based approaches may be used by NPDES permitting authorities in permits to meet applicable water quality standards. |
| Sean Rolland |
| Peak Flows Management | Wet weather events (e.g., rain, snowmelt) can affect operations at publicly owned treatment works (POTWs) when excess water enters the wastewater collection system. Large wet weather events can exceed the POTW treatment plant's capacity to provide the same type of treatment for all incoming wastewater. POTWs need flexibility to manage and treat peak flows under wet weather conditions to ensure efficient treatment plant operation while protecting public health. EPA is currently exploring permitting approaches to allow flexibility for more resilient and adaptable solutions for managing peak flows. |
| Sean Rolland |
| PFAS Requirements in NPDES Applications | Based on limited compliance data, EPA has determined that currently less than 1% of facilities covered by an NPDES permit contain any PFAS related requirements such as monitoring, best management practices and/or effluent limits, resulting in the need to require permit applicants with PFAS in their discharges to notify the permitting authority prior to permit issuance to protect public health and the environment. This proposed rulemaking seeks to update requirements for several of the existing NPDES permit applications to address monitoring and/or reporting of PFAS. |
| Sean Rolland |
Office of Wetlands, Oceans and Watersheds (OWOW)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Revised Definition of Waters of the United States - Conforming Rule | On August 29, 2023, EPA and USACE issued a final rule that amends the “Revised Definition of Waters of the United States” – which was finalized earlier in 2023 - to conform key aspects of the regulatory text to the U.S. Supreme Court’s May 25, 2023 decision in Sackett v. EPA. The new final conforming rule, “Revised Definition of ‘Waters of the United States’; Conforming,” was published in the Federal Register and effective on September 8, 2023. EPA Link: Revising the Definition of Waters of the United States RIN: 2040-AG32 |
| Ward Scott |
| Clean Water Act 404 Assumption Update Regulation | On July 19, 2023, EPA announced a proposed rule to revise CWA Section 404 Tribal and State Program Regulations. The proposed regulatory revision attempts to streamline and clarify the requirements and steps necessary for states and tribes to administer programs protecting waterways from discharges of dredged or fill material without a permit. EPA's proposal would address key barriers identified by states and tribes to assuming and administering Section 404 while expanding opportunities for tribes to meaningfully engage in permitting actions. EPA Link: Current Agency Efforts Regarding Assumption Under CWA Sec. 404 RIN: 2040-AF83 |
| Ward Scott |
| Clean Water Act Section 401 Water Quality Certification Improvement Rule | On November 27, 2023, the Clean Water Act Section 401 Water Quality Certification Improvement Rule became effective. EPA first implemented regulations for water quality certification in 1971, which remained in effect until the Agency finalized the 2020 CWA Section 401 Certification Rule (2020 Rule). President Biden’s Executive Order 13990 required EPA to review and, as appropriate and consistent with applicable law, take action to revise or replace the 2020 Rule. Following this review, the Agency announced its intention to revise the 2020 Rule to better uphold the role of states, territories, and Tribes under section 401. EPA Link: Final 2023 CWA Sec. 401 Water Quality Certification Improvement Rule RIN: 2040-AG12 |
| Ward Scott |
Office of Science and Technology (OST)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Federal Baseline Water Quality Standards for Indian Reservations | n April 27, 2023, the Environmental Protection Agency (EPA) Administrator signed a proposed rule to establish water quality standards (WQS) for waters on Indian reservations that do not have WQS under the Clean Water Act (CWA). This rule will help advance President Biden’s commitment to strengthening the nation-to-nation relationships with Indian country. Fifty years after enactment of the CWA, over 80% of Indian reservations do not have this foundational CWA protection for their waters. Addressing this lack of CWA-effective WQS for the waters of more than 250 Indian reservations is a priority for EPA, given that WQS are central to implementing the water quality framework of the CWA. Promulgating baseline WQS would provide more scientific rigor and regulatory certainty to National Pollutant Discharge Elimination System (NPDES) permits for discharges to these waters. Consistent with EPA’s regulations, the baseline WQS include designated uses, water quality criteria to protect those uses, and antidegradation policies to protect high quality waters. EPA consulted with tribes in the summer of 2021 during the pre-proposal phase and in the summer of 2023, concurrent with the public comment period associated with the proposal. |
| Jasper Hobbs |
| Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights | Many tribes hold reserved rights to resources on lands and waters where states establish water quality standards, through treaties, statutes, or other sources of federal law. The U.S. Constitution defines treaties as the supreme law of the land. On November 28, 2022, the EPA Administrator signed a proposed rule that would revise the federal water quality standards regulation to ensure that water quality standards do not impair tribal reserved rights by giving clear direction on how to develop water quality standards where tribes hold reserved rights. This proposed rule would help EPA ensure protection of resources reserved to tribes in treaties, statutes, or other sources of federal law when establishing, revising, and reviewing water quality standards. The development of this rule helps advance President Biden’s commitment to strengthening nation-to-nation relationships with tribes. EPA consulted with tribes in the summer of 2021 during the pre-proposal phase and in the winter of 2023, concurrent with the public comment period for the proposed rule. EPA is working to expeditiously finalize the proposed rule, taking into account public comments. This rule would establish a durable and transparent national framework outlining how tribal reserved rights to aquatic-dependent resources must be protected in water quality standards (WQS) for waters in which such rights apply. In 2016 EPA took actions in Maine and Washington to protect tribal reserved rights, requiring that human health criteria for waters in those states where tribes reserved the rights to fish for subsistence be set at more stringent levels to protect tribal fish consumers. In 2019 EPA disavowed the approach it took to protecting tribal reserved rights in the 2016 Maine and Washington actions and concluded that states and EPA can always protect tribal reserved rights by simply applying EPA’s existing regulations and guidance, with no additional consideration of such rights. EPA has now reconsidered its past assertions that tribal reserved rights do not impose any additional requirements in the WQS context. The changes in EPA’s position regarding consideration of reserved rights in the water quality standards context over the years have resulted in confusion for tribes, states, stakeholders and the public about how tribal reserved rights must be considered in establishment of WQS. In addition, states and industry groups criticized EPA for taking its actions in 2016 without first going through a national notice and comment rulemaking on its approach. |
| Jasper Hobbs |
| Revisions to the Metal Finishing Effluent Guidelines to Address PFAS Discharges in Chromium Electroplating Wastewater | Under this action, EPA is revising the Metal Finishing ELGs at 40 CFR part 433 to address discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater from chromium electroplating facilities. |
| Jasper Hobbs and Sean Rolland |
| Effluent Limitations Guidelines and Standards for the Meat and Poultry Point Source Category | As announced in the Effluent Limitations Guidelines Program Plan 15, EPA has initiated a rulemaking to revise the existing Meat and Poultry Products (MPP) Effluent Guidelines and Standards (ELGs) (40 CFR part 432) to address nutrient discharges. The agency will accept public comments on the proposal following publication in the Federal Register. Public hearings on the proposal will be held on January 24, 2024 and January 31, 2024. |
| Jasper Hobbs and Sean Rolland |
| Effluent Limitations Guidelines and Standards for the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category: PFAS Discharges | In February 2019, EPA announced in the Per- and polyfluoroalkyl substances (PFAS) Action Plan that the Agency was taking steps to evaluate if industrial sources warranted regulation through national Effluent Limitation Guidelines (ELGs) to address PFAS discharges. After studying the available data regarding wastewater discharges from facilities that manufacture PFAS, the EPA is initiating a rulemaking to revise ELGs for these manufacturers. As a preliminary step, the EPA intends to publish an advanced notice of proposed rulemaking (ANPRM) to solicit data and information regarding manufacturers of PFAS and the presence and treatment of PFAS in discharges from this industrial category. The EPA also intends to request information regarding PFAS formulators, which are facilities that produce a variety of PFAS products and materials from PFAS feedstocks. The EPA was able to obtain only limited data regarding formulators through publicly available sources, and additional information would inform the Agency’s consideration of discharges from PFAS formulators and the need for updated ELGs for these facilities. PFAS manufacturers and formulators are currently regulated under the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) ELGs found at 40 CFR part 414. Based, in part, on the public comments EPA receives on the ANPRM, the EPA intends to develop a proposed regulation. |
| Jasper Hobbs and Sean Rolland |
| 304(a) Recommended Lake/Reservoir Numeric Nutrient Criteria | On May 22, 2020, EPA announced the release of the Draft Ambient Water Quality Criteria Recommendations for Lakes and Reservoirs of the Conterminous United States: Information Supporting the Development of Numeric Nutrient Criteria for a 60-day comment period for scientific input. These draft national criteria recommendations are models for total nitrogen and total phosphorus concentrations in lakes and reservoirs to protect three different designated uses—aquatic life, recreation, and drinking water source protection—from the adverse effects of nutrient pollution. See Regulations.gov, Docket "EPA-HQ-OW-2019-0675" |
| Jasper Hobbs |
| Updated Selenium Criteria and Technical Support Materials | EPA’s water quality criterion for selenium provides recommendations to states and tribes authorized to establish water quality standards under the Clean Water Act. This criterion includes information to help states to develop site specific criteria that account for differing local conditions. In 2021, EPA identified that the following text was missing from the second sentence in footnote 4 in the criterion table: "When selenium inputs are increasing." Corrected footnote 4 now states: "4. Water column values are based on dissolved total selenium in water and are derived from fish tissue values via bioaccumulation modeling. When selenium inputs are increasing, water column values are the applicable criterion element in the absence of steady-state condition fish tissue data.” Footnotes 2 and 3 also reflect that footnote 4 was corrected. |
| Jasper Hobbs |
| Updated Aluminum Criteria and Technical Support Materials | EPA requested scientific review for the draft updated aquatic life ambient water water quality criteria for aluminum in freshwater. Due to state interest, EPA and ACWA set up a Aluminum Criteria Working Group in January of 2018. This working group is working on implementation guidance for the updated criteria. EPA has targeted a final review of draft implementation guidance in Fall 2020 . |
| Jasper Hobbs |
| Recreational Ambient Water Quality Criteria/Swimming Advisories for Cyanotoxins | EPA proposed a recreational ambient water quality criteria for cyanotoxins, which was later changed to a criteria or an advisory. This criteria/advisory focuses on microcystin and cylindrospermopsin concentration in fresh waters. The criteria/advisory, originally intended to be published in time for the 2017 swimming season has been delayed. |
| Jasper Hobbs |
| Preliminary Effluent Limitation Guidelines Plan 15 | On March 29, 2023, EPA published a proposed rule to potentially strengthen the Steam Electric Effluent Limitations Guidelines and Standards (ELGs) (40 CFR 423). EPA previously revised the Steam Electric ELGs in 2015 and 2020. The proposed rule would establish more stringent ELGs for two waste streams addressed in the 2020 “Steam Electric Reconsideration Rule” (flue gas desulfurization wastewater and bottom ash transport water). In addition, the proposal would establish more stringent effluent limitations and standards for an additional waste stream (combustion residual leachate) and takes comment on potential revisions to limitations and standards for a fourth waste stream (legacy wastewater). The first two waste streams mentioned above are the subject of current litigation pending in the U.S. Court of Appeals for the Fourth Circuit. Appalachian Voices, et al. v. EPA, No. 20-2187 (4th Cir.). The 2015 limitations for combustion residual leachate and legacy wastewater discharged by existing sources were vacated by the U.S. Court of Appeals for the Fifth Circuit in Southwestern Electric Power Co., et al. v. EPA, 920 F.3d 999 (5th Cir. 2019). |
| Jasper Hobbs and Sean Rolland |
| Clean Water Act Methods Update Rule for the Analysis of Effluent | EPA regularly promulgates updates to the table of approved Clean Water Act monitoring methods at 40 CFR 136.3. This methods update rule (MUR) considers adding new methods and analytes to the 40 CFR part 136.3 tables. These include multi-laboratory validated EPA methods for per- and polyfluorinated alkyl substances (PFAS), a method defined parameter for adsorbable organic fluorine, the promulgation of which in 40 CFR 136.3 will support the Organic Chemicals, Plastics, and Synthetic Fibers Effluent Limitations Guidelines and Standards (40 CFR part 414) rulemaking to address PFAS discharges from facilities manufacturing PFAS. The MUR also considers adding a method for poly-chlorinated biphenyl (PCB) congeners (a more accurate substitute for PCB Aroclors). The rule may also include other parameters proposed by Voluntary Consensus Standard Bodies (VCSB) as is consistent with the National Technology Transfer Act. These VCSB methods are most likely proposing a PFAS method, peracetic acid, hydrogen peroxide, and total nitrogen; assuming the VCSB provides adequate validation data. The EPA is not considering method revisions or Alternate Test Procedures that would be addressed more routinely in a routine MUR. |
| Jasper Hobbs and Sean Rolland |
| National Biosolids Program Strategy: Fiscal Year 2020-2025 | The Biosolids Program Strategy is a 5-year outlook that describes key activities in the following focus areas. This strategy will be updated as needed including target initiation and completion dates. The strategy details CWA Activities Based on the Latest Scientific Knowledge; Resource Recovery and Reuse Alternatives; Lifecycle Assessment; Biosolids Partner Engagement; and, Biosolids Research. Specific activities for Fiscal Years 2020-2025 under the focus areas support meeting CWA requirements for biosolids and are consistent with scientific recommendations to EPA from the National Research Council (NRC). |
| Jasper Hobbs |
Office of Ground Water and Drinking Water (OGWDW)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Lead and Copper Rule | On November 13, 2019, EPA issued regulatory revisions to the National Primary Drinking Water Regulation (NPDWR) for lead and copper under the authority of the Safe Drinking Water Act (SDWA). This proposed rule provides more effective protection of public health by reducing exposure to lead and copper in drinking water. This proposed rule also strengthens procedures and requirements related to health protection and the implementation of the existing Lead and Copper Rule (LCR) in the following areas: Lead tap sampling; corrosion control treatment; lead service line replacement; consumer awareness; and public education. This proposal does not include revisions to the copper requirements of the existing LCR. In addition, this proposal includes new requirements for community water systems to conduct lead in drinking water testing and public education in schools and child care facilities. The Final LCR Regulatory Revisions were published to the Federal Register here. On March 12, 2021, EPA issued a proposed rule delaying the LCRR's effective and compliance dates to enable the Agency to consult with stakeholders and review the LCRR in accordance with Executive Order 13990. This review of the LCRR will be consistent with the policy aims set forth in Executive Order 13985 on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The Environmental Protection Agency (EPA) published the final Lead and Copper Rule Revision (LCRR) on January 15, 2021. EPA reviewed the LCRR and decided to initiate a new rulemaking process to improve the rule. This new National Primary Drinking Water Regulation is called the Lead and Copper Rule Improvements (LCRI). EPA is developing LCRI to strengthen the regulatory framework and address lead in drinking water. More information can be found here. |
| Julia Anastasio |
| Regulatory Determinations for PFOA and PFOS, National Primary Drinking Water Regulation | SDWA requires EPA to make regulatory determinations on at least five contaminants on the Contaminant Candidate List (CCL) every five years. The CCL is a list of contaminants that are currently not subject to any proposed or promulgated national primary drinking water regulations but are known or anticipated to occur in public water systems. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation for an unregulated contaminant. Before EPA can issue a final regulatory determination, it must propose a preliminary regulatory determination to present EPA's supporting rationale about whether the specific statutory criteria for regulating a contaminant have been met. On March 10, 2020, the EPA published a notice which proposed to make positive regulatory determinations for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and to make negative determinations for six contaminants (1,1-dichloroethane, acetochlor, methyl bromide, metolachlor, nitrobenzene, and RDX). The notice also presents an update on three other contaminants (strontium, 1,4-dioxane, and 1,2,3-trichloropropane). On February 22, 2021, EPA reissued the same final regulatory determinations for the contaminants noted above. EPA will now pursue a national primary drinking water regulation (NPDWR) for PFOA and PFOS. |
| Julia Anastasio |
Office of Enforcement Compliance Assurance (OECA)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Inflation Adjustment References for Civil Monetary Penalty Amounts | EPA is taking action to remedy outdated maximum and minimum statutory civil monetary penalty amounts throughout the agency regulations. No new statutory civil monetary penalties are introduced in this action. Instead, EPA is promoting consistency across its regulations by referring the public to 40 CFR 19.4 for assessing information about existing statutory civil monetary penalties. These penalties are adjusted on an annual basis consistent with the mandates of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. |
| Sean Rolland |
Office of Water (OW)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Cybersecurity in Public Water Systems | EPA is evaluating regulatory approaches to improve cybersecurity at public water systems. EPA plans to offer separate guidance, training, and technical assistance to states and public water systems on cybersecurity. This action will provide regulatory clarity and promote the adoption of cybersecurity measures by public water systems. |
| Sean Rolland |
| Vessel Incidental Discharge National Standards of Performance | On October 26, 2020, EPA published a Notice of Proposed Rulemaking - Vessel Incidental Discharge National Standards of Performance. On October 18, 2023, EPA published a Supplemental Notice of Proposed Rulemaking to the Vessel Incidental Discharge National Standards of Performance. The Supplemental Notice shares new ballast water information that EPA received from the U.S. Coast Guard and discusses additional regulatory options for ballast tanks, hulls and associated niche areas, and graywater systems that EPA is considering for the final rule. EPA Link: Commercial Vessel Discharge Standards RIN: 2040-AF92 |
| Ward Scott |
Office of Land and Emergency Management (OLEM) & Office of Chemical Safety and Pollution Prevention (OCSPP)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| PFAS-Related Designations as CERCLA Hazardous Substances: "Addressing PFAS in the Environment" | Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA” or “Superfund”), the Environmental Protection Agency (EPA or the Agency) is moving to finalize the designation of perfluorooctanoic acid (PFOA) and perfluoro octane sulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances. CERCLA authorizes the Administrator to promulgate regulations designating as hazardous substances such elements, compounds, mixtures, solutions, and substances which, when released into the environment, may present substantial danger to the public health or welfare or the environment. Such a designation would ultimately facilitate cleanup of contaminated sites and reduce human exposure to these “forever” chemicals. |
| Jasper Hobbs |
| Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous Constituents | Based on public health and environmental protection concerns and in response to petitions from the Governor of New Mexico, Public Employees for Environmental Responsibility, and Berkeley School of Law on behalf of five other organizations, which request EPA to take regulatory action on PFAS under RCRA, EPA is evaluating the existing toxicity and health effects data on four PFAS constituents to determine if they should be listed as RCRA Hazardous Constituents. If the existing data for the four PFAS constituents support listing any or all of these constituents as RCRA hazardous constituents, EPA will propose to list the constituents in a Federal Register notice for public comment. The four PFAS chemicals EPA will evaluate are: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), hexafluoropropylene oxide dimer acid (HFPO-DA, and/or GenX). |
| Jasper Hobbs |
| Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments | On April 17, 2015, the Environmental Protection Agency (EPA or the Agency) promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. On August 21, 2018, the D.C. Circuit Court of Appeals issued its opinion in the case of Utility Solid Waste Activities Group, et al v. EPA, which vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the CCR rule. In May 2023, EPA proposed regulations to implement this part of the court decision for inactive CCR surface impoundments at inactive utilities, or “legacy CCR surface impoundments”. This proposal included adding a new definition for legacy CCR surface impoundments. EPA also proposed to require such legacy CCR surface impoundments to follow existing regulatory requirements for fugitive dust, groundwater monitoring, and closure, or other technical requirements. Finally, EPA proposed requirements for CCR management units including a facility evaluation and to follow existing regulatory requirements for groundwater monitoring, corrective action, and closure for all CCR contamination (regardless of how or when that CCR was placed) at a regulated facility. After reviewing the public comments on the proposed rule, EPA will take final action. |
| Jasper Hobbs |
| Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act | Per S. 6(b)(4) of the TSCA, EPA published a final rule on July 20, 2017, that established a process for conducting chemical risk evaluations. This process incorporates the science requirements of the amended statute, including best available science and weight of the scientific evidence. The final rule established the steps of a risk evaluation process including: scope, hazard assessment, exposure assessment, risk characterization, and risk determination. The Agency is now in the process of reconsidering that final rule in keeping with new executive orders concerning the advancement of racial equity and support for underserved communities through the Federal government (EO 13985), the protection of public health and the environment and restoring science to tackle the climate crisis (EO 13990), tackling the climate crisis at home and abroad (EO 14008), and other Administration priorities (such as the Presidential memorandum on restoring trust in government through scientific integrity and evidence-based policymaking). If EPA determines to amend the 2017 final rule, EPA will solicit public comment through a NPRM. |
| Jasper Hobbs |
| Changes to Reporting Requirements for PFAS and to Supplier Notifications for Chemicals of Special Concern ( Community Right-to-Know Toxic Chemical Release Reporting); AND Changes to Reporting Requirements for PFAS (Community Right-to-Know Toxic Chemical Release Reporting (40 CFR 372)) | EPA is proposing to add all PFAS subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA) to the list of Lower Thresholds for Chemicals of Special Concern (Chemicals of Special Concern). The addition of the PFAS to the Chemicals of Special Concern list will eliminate the use of the de minimis exemption, eliminate the option to use Form A, and will limit the use of range reporting. In addition, EPA is proposing to eliminate the use of the de minimis exemption under the Supplier Notification Requirements for facilities that manufacture, or process all chemicals included on the Chemicals of Special Concern list. Chemicals of Special Concern may be found in products below de minimis levels, this is especially true for PFAS which are used at low concentrations in many products. However, because of the widespread use of PFAS and their (or their degradants) persistence in the environment even concentrations below de minimis levels can contribute significantly to environmental loading. |
| Jasper Hobbs |
| Revisions to Regulations on Persistent, Bioaccumulative, and Toxic (PBT) Chemicals Subject to the Toxic Substances Control Act (TSCA) | TSCA directs EPA to take expedited action on certain persistent, bioaccumulative, and toxic (PBT) chemicals to address the risks of injury to health or the environment presented by the chemical substance and reduce exposure to the substance to the extent practicable. Consistent with that mandate, final risk management rules restricting the use of five PBT chemicals were issued in January 2021 and went into effect in February 2021. EPA is considering revisions to all five of the final rules to further reduce exposures, promote environmental justice, and better protect human health and the environment. |
| Jasper Hobbs |
| Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) | EPA is developing a rulemaking to add certain per and polyfluoroalkyl substances (PFAS) to the list of chemicals reportable under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). The proposed addition of these PFAS is in direct response to a statutory mandate under section 7321(d) of the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which requires EPA to add any PFAS that the Agency determines meet the listing criteria by December 2023. |
| Jasper Hobbs |
| TSCA Section 8(a)(7) Reporting and Recordkeeping Requirements for PFAS | EPA published a proposed rule on June 28, 2021, addressing reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under section 8(a)(7) of the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA section 8(a), as amended by section 7351 of the National Defense Authorization Act for Fiscal Year 2020, persons that manufacture (including import) or have manufactured these chemical substances in any year since January 1, 2011, would be subject to the reporting and recordkeeping requirements. In addition to fulfilling statutory obligations under TSCA, EPA expects that the final rule will enable EPA to better characterize the sources and quantities of manufactured PFAS in the United States. EPA solicited additional public comments on an Initial Regulatory Flexibility Analysis (IRFA) following the completion of a Small Business Advocacy Review (SBAR) Panel addressing the proposed PFAS reporting and recordkeeping requirements. |
| Jasper Hobbs |
| Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting | On September 5, 2000, in response to a petition filed under the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA issued a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA proposed to add this chemical category to the EPCRA toxic chemical list based on its preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has updated its hazard assessment for DINP and is proposing to add DINP as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. The updated hazard assessment demonstrates that the proposed DINP category meets the EPCRA toxicity criterion because the members of the category can reasonably be anticipated to cause cancer and serious or irreversible chronic health effects in humans; specifically, developmental effects, kidney toxicity, and liver toxicity. On August 15, 2022, EPA proposed to add the DINP category to the toxic chemical list on this basis and requested comment on the updated DINP hazard assessment and associated updated economic analysis. EPA is considering the public comments received and next steps for this rulemaking. |
| Jasper Hobbs |
| New Chemicals Procedural Regulations to Reflect the 2016 Amendments to the Toxic Substances Control Act (TSCA) | On June 22, 2016, the Lautenberg amendments to the Toxic Substances Control Act (TSCA) were signed into law and impacted how EPA reviews and makes determinations on new chemical notices under TSCA section 5. As a result of these increased responsibilities, it has become more challenging for EPA to complete reviews within 90 days. This rulemaking seeks to revise the new chemicals procedural regulations in 40 CFR part 720 to improve the efficiency of EPA’s review process and to align its processes and procedures with the new statutory requirements. This rulemaking seeks to increase the quality of information initially submitted in new chemicals notices and improve the Agency’s processes to reduce unnecessary rework in the risk assessment and, ultimately, the length of time that new chemicals are under review. |
| Jasper Hobbs |
Select Non Rulemaking Efforts and Other Developments
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| EPA Climate Change Strategic Plans | EPA’s Climate Adaptation Action Plan is intended to accelerate and focus attention on five priority actions the Agency will take over the next four years to increase human and ecosystem resilience as the climate changes and disruptive impacts increase. ACWA and ASDWA are working with EPA on implementation planning. |
| Ward Scott |
| National Water Reuse Action Plan | EPA is leading a multi-agency directive on water reuse and recycling across sectors including agriculture, industry, potable water, national security, and environmental restoration. In 2019, EPA consulted with states and other stakeholders to develop a draft National Water Reuse Action Plan containing proposed actions across 11 strategic objectives. Because water reuse is governed at the state level, ACWA and partner state water organizations (i.e., ASDWA, GWPC, WSWC) has been identified as a "critical partner" in carrying out the plan. View example outputs from Plan Implementation, such as "Financial Support for Water Reuse from the Clean Water State Revolving Fund," here. View each action, action teams and timelines, and outputs/materials produced to date here. Access EPA materials, public comment docket, and Federal Register materials here. |
| Ward Scott |
| Credit Assistance for Water Infrastructure Projects | EPA is taking this action to update the Water Infrastructure Finance and Innovation Act (WIFIA) program regulation. This update is based on lessons learned from the first three years of program implementation. This action is also intended to provide guidelines on the WIFIA loan program for State Revolving Funds (SRFs) included in amendments passed as part of America's Water Infrastructure Act of 2018, Public Law 115-270. |
| Ward Scott |
| Nonpoint Source Program and Grants Guidelines for States and Territories | EPA has released draft revisions to the guidelines to states and territories for the award of CWA Section 319 grants for the implementation of nonpoint source (NPS) management programs. These guidelines are requirements that apply to recipients of grants made with funds appropriated by Congress. EPA expects to implement these guidelines in fiscal year 2024 and subsequent years. They will replace the Nonpoint Source Program and Grants Guidelines for States and Territories that have been in effect since the fiscal year 2014 grant cycle. |
| Ward Scott |
