News
EPA and USACE Publish New Proposed WOTUS Rule
On Nov. 20, EPA and the Army Corps of Engineers published the proposed “Updated Definition of ‘Waters of the United States’” in the Federal Register. Click here to read the proposed rule. This commences a 45-day public comment period; comments on the proposed rule must be received by the agencies on or before Jan. 5, 2026. The agencies have stated that the proposed rule “will fully implement the direction provided by the U.S. Supreme Court’s 2023 decision in Sackett v. EPA,” and that the proposed definition of WOTUS “would fully implement the Court’s direction by ensuring federal jurisdiction is focused on relatively permanent, standing or continuously flowing bodies of water—such as streams, oceans, rivers, and lakes—and wetlands that are connected and indistinguishable from such waterbodies.” The agencies’ announcement states that the proposed rule would:
- Define “relatively permanent” to ensure the Sackett decision is fully implemented. The term focuses on those waters that are standing or continuously flowing year-round or at least during the “wet season.” This would be applicable to the tributaries and lakes and ponds categories.
- Define “tributary” to ensure only those relatively permanent bodies of water that meet specific requirements be considered jurisdictional.
- Define “continuous surface connection” to fully implement the Sackett decision. This term would require wetlands to meet a new two-part test to be jurisdictional: 1) they must abut a jurisdictional water, and 2) they must have surface water at least during the wet season.
- Remove interstate waters from the categories of jurisdictional waters to make clear that such waters no longer gain jurisdiction by simply crossing state lines.
- Clarify what constitutes “excluded ditches” through a proposed definition of ditch to distinguish these features from other types of waters and exclude those ditches constructed or excavated in dry land.
- Clarify what constitutes “excluded prior converted cropland” with a definition that allows the agencies to identify prior converted cropland and to ensure that prior converted cropland only loses its designation when it has been abandoned and reverts to wetlands. The definition provides additional context on abandonment to ensure agricultural producers do not inappropriately lose the exclusion under the Act for doing good work on their lands.
- Clarify what constitutes “excluded waste treatment systems” through the addition of a definition which provides helpful direction as to the breadth of systems that meet the exclusion.
- Underscore that groundwater is not considered WOTUS through a proposed exclusion.
The proposed rule will be published in the Federal Register, which will start a 45-day public comment period. EPA and the Army have announced that they will host two hybrid public meetings. Additionally, ACWA is working with EPA to schedule a states-only call with the agencies and other state associations to further discuss provisions of the proposed rule and the agencies’ planned rulemaking process.
Click here to read EPA’s public fact sheet on the proposed rule.
Click here for EPA’s WOTUS webpage.
UCMR 5 Data
The EPA released the tenth set of national drinking water data collected under the fifth Unregulated Contaminant Monitoring Rule (UCMR 5) for 30 chemical contaminants: 29 PFAS and lithium. The Safe Drinking Water Act (SDWA) requires that every five years the EPA issues a list of unregulated contaminants to be monitored by public water systems. UCMR 5 was published on December 27, 2021, and large, medium, and a nationally representative sample of small public water systems have been collecting data on these 30 chemical contaminants since January 1, 2023. The data collected under UCMR 5 improves understanding of the prevalence and amount of 29 PFAS and lithium in the nation’s drinking water systems.
The tenth data release includes all results received for UCMR 5 since the start of monitoring through October 7, 2025. The data released to date now represent approximately 89% of the total results the EPA expects to receive by completion of data reporting in 2026. With the normal lag between sample collection, analysis, and reporting, the data represent approximately 10 (of 12) quarters of monitoring results (i.e., Q1 2023 through Q2 2025). The tenth data release includes approximately 1.8 million sample results for 10,275 public water systems. The EPA is updating results in the UCMR 5 Data Summary, UCMR 5 Data Finder, and Occurrence Data Files. The UCMR 5 resources and Q&A also indicate that certain PFAS for which monitoring data are being collected are covered by the EPA’s April 2024 PFAS National Primary Drinking Water Regulation (NPDWR).
UCMR 5 tenth data release includes:
- UCMR 5 Data Finder – Allows the public, along with federal, state, and local agencies, to easily locate, view, and summarize specific UCMR 5 results, as well as download those results to an Excel (.xlsx) spreadsheet. Results can be filtered by multiple fields. A video demo is available.
- Occurrence Data Text Files – Recommended for those interested in large-scale data processing using statistical or data analysis software. These files contain analytical results and the additional data element and ZIP Code information reported by participating public water systems.
- UCMR 5 Data Summary – National summary statistics by contaminant, health effects information, data considerations, and data definitions for the UCMR 5 Data Finder and Occurrence Data Text Files.
- UCMR 5 Q&A – Answers to common questions on accessing and understanding the UCMR 5 data, and on PFAS and lithium in drinking water.
House Passes Cybersecurity Bill to Address Threats From Volt Typhoon
The House passed the H.R. 2659, Strengthening Resilience Against State-Sponsored Threats Act, which requires CISA, in consultation with Sector Risk Management Agencies, to establish a joint interagency task force focused on the cybersecurity threat posed by State-sponsored cyber actors, including Volt Typhoon, of the People’s Republic of China, by ensuring that such agencies’ actions are aligned and mutually reinforcing. The bill requires several reports to Congress relating to actions to characterize and mitigate this risk. The legislation will now move to the Senate for consideration. The Cybersecurity and Infrastructure Security Agency (CISA), National Security Agency (NSA), and Federal Bureau of Investigation (FBI) assess that People’s Republic of China (PRC) state-sponsored cyber actors are seeking to pre-position themselves on IT networks for disruptive or destructive cyberattacks against U.S. critical infrastructure in the event of a major crisis or conflict with the United States.
Association Updates
Notice- No Wrap the Week of November 24, 2025
In observance of the holiday, ACWA will not publish a Weekly Wrap the week of November 24, 2025. Look out for our next edition the week of December 1, 2025. Have a Happy Thanksgiving!
ACWA / EPA Water Reuse for Data Centers Webinar – Dec. 3
ACWA and the U.S. EPA will host a dynamic Water Reuse for Data Centers Webinar for state regulators on December 3, 2025, from 2:00-4:00 pm ET. Presentations and discussions will center around the current regulatory landscape, water needs and anticipated demands of data centers, and permitting challenges and approaches. We will dedicate time for audience/presenter Q&A as well. Please contact Ward Scott (wscott@acwa-us.org) to register or if you have any questions.
ACWA Legal Affairs Committee Call – Rescheduled for Dec. 9
ACWA’s Legal Affairs Committee will host a rescheduled call on Tuesday, December 9, at 2:00 pm ET, which will focus on the D.C. Circuit’s recent ruling in Village of Morrisville, Vermont v. Federal Energy Regulatory Commission. In that opinion, the court held that a state does not waive its CWA Section 401 authority where an applicant for water quality certification unilaterally withdraws and resubmits its application.
We will be joined by Laura Murphy, Assistant Attorney General and Director of the Environmental Protection Unit at the Vermont Attorney General’s Office. Ms. Murphy – who argued the cause and filed a brief on behalf of the state intervenor in Village of Morrisville – will provide a summary of the case and some background on the issue. There will also be an opportunity for Q&A, time permitting.
Please reach out to Ward Scott (wscott@acwa-us.org) to register or with any questions or issues.
ACWA 2026 Mid-Year Meeting – Registration Now Available!
Dates: March 25-26, 2026
Location: Alexandria, VA
Reserve your room now by calling 1-800-Hiltons (1-800-445-8668) and using group code 92N, or click here.
Group Rate: $276/night
View the draft agenda here.
Check our event webpage for more information.
2026 National Industrial Permitting Workshop – Save the Date
Dates: April 7-9, 2026
Location: Washington, DC
Purpose: The 2026 National Industrial Permitting Workshop supports implementation of federal and state industrial permitting programs nationwide by sharing best management practices, showcasing innovative federal and state programs, highlighting new approaches and technologies, facilitating discussion on national program enhancements and improvements, identifying state resource needs including tools, training and guidance, and proposing solutions to challenges and barriers faced by the regulators and other stakeholders. More information can be found on ACWA’s event page.
2026 Water Quality Standards Workshop – Registration and Draft Agenda Now Available!
Dates: April 21-23, 2026
Location: Little Rock, AR
Registration is open for the 2026 Water Quality Standards Workshop! This workshop will take place April 21-23, in Little Rock, AR. 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 DoubleTree by Hilton Little Rock.
Registration is available here.
View the draft agenda here.
The workshop will be held at the DoubleTree by Hilton Little Rock. Reserve your hotel room here. The room block will close on March 30, 2026. ACWA does anticipate having travel support for state staff.
When available, more information can be found on ACWA’s events page.
ACWA 2026 Annual Meeting – Save The Date!
Dates: August 5, 2026 at 8:00 am – August 7, 2026 at 12:00 pm
Board of Directors will meet August 4, 2026.
Venue: The Eldorado Hotel and Spa, Santa Fe, NM
Check back here for more information regarding registration, lodging, and agenda.
Meetings and Webinars
Advanced Water Pollution Monitoring Webinar
Wednesday, December 3, 2025, at 9:00 am ET
REGISTER HERE
The webinar will explore advancements in water monitoring technology; how this new data is contributing to compliance and enforcement efforts; issues related to the use of these technologies including data quality, how the data may be used, and privacy; and emerging restrictions on gathering and use of water quality data. Panel members will discuss the experience of several regions of the world.
ICPRB Land Use Webinar: Land Prioritization Mapping to Protect Drinking Water Quality
Friday, December 5, 2025, at 12:00 pm ET
REGISTER HERE
On Friday, December 5, 2025, at 12:00 pm ET, the Interstate Commission on the Potomac River Basin (ICPRB) is hosting a webinar about Land Prioritization Mapping to Protect Drinking Water Quality that ranks land parcels in the District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia to protect drinking water quality and their potential to degrade long-term water quality. The tool uses GIS data and metrics to support identification of high priority areas and opportunities for users to achieve multiple drinking water and conservation objectives.
Planning for Future Well Sites as Part of Wellhead Protection
Thursday, December 11, 2025, at 2:00 pm ET
REGISTER HERE
On Thursday, December 11, 2025, at 2:00 pm ET, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), in partnership with the Institute of Water Research at Michigan State University and the Michigan Rural Water Association will host this webinar as part of a webinar series. This webinar will cover when to start planning for a new well, what makes an ideal well site, and the key factors to consider when selecting potential locations. Speakers will review how well sites are identified, common challenges that may arise, and how to incorporate new wells into an existing Wellhead Protection Program. Practical recommendations will be shared to help community water supplies plan ahead and protect their source water for the future.
Water Reuse – State Regulator Focus Group for the Development of State Water Reuse Regulatory Guide
On Dec. 11, Brown & Caldwell and Hazen & Sawyer will host focus group of state water reuse regulators to gather insights on the water reuse rulemaking process. The general goals of the session are to: (i) Understand participants’ experiences with rulemaking phases and challenges; (ii) identify key drivers, strategies, and lessons learned across different stages of regulatory development; (iii) and prioritize content needs for the upcoming State Water Reuse Regulatory Guide based on shared perspectives. The collaborative session will inform the development of practical guidance and resources to support states in advancing water reuse regulations effectively. Please contact Ward Scott (wscott@acwa-us.org) to register or for more information.
Job Opportunities
Environmental Hydrogeologist 1-2
Location: Phoenix, AZ
Closing Date: Open until filled
The Watershed Improvement Unit in the Water Quality Division is looking for a Hydrogeologist to remediate abandoned hardrock mines that are polluting rivers and streams. The Hydrogeologist will be responsible for reviewing and evaluating remedial designs, ensuring compliance with regulatory standards, and providing technical expertise to address the environmental and public health risks associated with abandoned hardrock mines. The Hydrogeologist will work with a multidisciplinary team to assess, plan, and execute remediation projects. This role plays a key part in protecting and enhancing Arizona’s waterbodies for the enjoyment of people and wildlife.
For more information and to apply, click here.
Quality Assurance Program Principal
Location: Cheyenne, WY
Closing Date: Open until filled
Helps the Water Quality Division achieve its mission of protecting the environment for current and future generations by ensuring that the division is making defensible scientific decisions based on high-quality, credible data. Performs quality assurance and quality control reviews and analyses of water quality monitoring data, reports, and plans. Provides technical expertise to other staff and external parties with regard to quality assurance and quality control matters. Manages functions associated with a Quality Assurance/Quality Control Program to ensure the Water Quality Division’s compliance with state and/or federal requirements. Assists with agency-level strategic planning documents for quality assurance/quality control activities. While residing in Cheyenne is preferred, the successful candidate may reside and work in either Cheyenne or Casper.
For more information and to apply, visit Wyoming Job Opportunities.
Natural Resource Analyst (Water Quality NEPA Coordinator)
Location: Cheyenne, WY
Closing Date: Open until filled
This position is responsible for coordinating the Water Quality Division’s (WQD’s) role in the National Environmental Policy Act (NEPA) and other environmental review processes. It assists with the development and implementation of Wyoming’s surface water quality standards consistent with the Wyoming Environmental Quality Act and the federal Clean Water Act. The position collaboratively reviews, evaluates, and develops recommendations on proposed federal projects to ensure that federal agency actions are consistent with Wyoming’s water quality rules, including surface and groundwater quality standards, regulations for discharges to surface or groundwaters, and regulations for water and wastewater facility permitting. The position supports the development and implementation of Wyoming’s Surface Water Quality Standards, including technical reviews, research, document development, and assistance in the development of proposed changes to standards and implementation documents.
For more information and to apply, visit Wyoming Job Opportunities.
Environmental Analyst or Engineer – Training and Technical Assistance Specialist
Location: Lowell, MA
Closing Date: Open until filled
To apply, email your cover letter, resume, and a brief writing sample to jobs@neiwpcc.org. Please reference #26-Lowell-001 in the email subject line. Applications will be reviewed on a rolling basis, accepting applications until the position is filled. A full position description and benefits may be viewed at: https://neiwpcc.org/about-us/careers.
Environmental Analyst – Permit Writer
Location: Albany, NY
Closing Date: November 30, 2025
To apply, submit cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by November 30, 2025. Please reference #26-NYS-SW-DEC-001 in the email subject line. Accepting applications until the position is filled. A full position description and benefits listing may be viewed at: https://neiwpcc.org/about-us/careers.
Climate Smart Food Systems Grant Program Lead
Location: Duluth, Brainerd, Detroit Lakes, St. Paul, Rochester, Mankato, Marshall, MN
Closing Date: December 2, 2025
For more information and to apply, visit Minnesota Careers.
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
