News
EPA and USACE Publish 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. ACWA submitted a letter to the agencies on Nov. 26, requesting a 15-day extension of the comment period.
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’ state 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.
Click here to read EPA’s public fact sheet on the proposed rule.
Click here for EPA’s WOTUS webpage.
EPA Proposes Extension for Closing CCR Impoundments
Last week EPA proposed extending the closure deadline for certain coal combustion residuals (CCR) surface impoundments operating under the “alternative closure” provisions. This proposed rule change would change the original deadline from October 17, 2028, to October 17, 2031. This would apply to a small subset of coal-fired boilers and complete the closure of unlined CCR surface impoundments larger than 40 acres. EPA indicated this new extension deadline would help “promote electric grid reliability by allowing a small subset of baseload coal-fired power producers to continue operating for an additional three years beyond the original deadline.” EPA is seeking comments on this proposal through January 7, 2026. EPA will hold a virtual public hearing on this proposal on January 6, 2026. A copy of the proposed rule can be found here:
Federal Register :: Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Extension of an Alternative Closure Requirement Deadline
CSR Report – Desalination: Converting Saline Water into a Municipal Water Source
Last week the Congressional Research Services updated a report on desalination for municipal use. As noted by the report, desalination is increasingly playing a role in U.S. municipal water supplies. For municipal applications, desalination involves treating saline water to produce freshwater, and creating a brine concentrate. Several coastal communities are investigating desalinating both seawater and brackish sources. The report notes that a municipalities pursuit of desalination depends on other available water supply options include water recycling, aquifer recharge, stormwater capture, construction of water storage projects, water conservation measures, and appropriate trade-offs associated with dependability, reliability, and cost. A copy of the full report can be found here: Desalination: Converting Saline Water into a Municipal Water Source | Congress.gov | Library of Congress
EPA Withdraws Direct to Final Rule – Steam Electric
This week EPA announced they are withdrawing a direct to final rule related to the “initial notification date extension” provision due to receiving adverse comments. EPA previously stated that if the agency received adverse comments by November 3, 2025, the direct final rule would not take effect, and the EPA would publish a timely withdrawal in the Federal Register. EPA published a companion proposed rule on the same day as the direct final rule and EPA will now address those comments in a subsequent final action.
Original proposed and direct to final rule:
Federal Register :: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Initial Notification Date Extension
Direct to final rule withdrawal:
Federal Register :: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Initial Notification Date Extension; Withdrawal of Direct Final Rule
EPA Rule Rollbacks
This week InsideEPA reported out on 35 rules EPA intends to rollback, many of the water ones which are common knowledge, including WOTUS, 410 Certification, the CCR closure deadline, and updates to the Steam Electric Rule. A FOIAed document procured by the Union of Concerned Scientists indicates there may be new rollback updates coming that have not been previously highlighted, including those affecting the centralized waste treatment ELG, the electrical and electronic components ELG, and removing the Asbestos Manufacturing ELG, as EPA says “Asbestos is no longer produced in the United States.” While the agency initially had plans to incorporate PFAS monitoring into several ELGs, questions have now been raised whether EPA will propose or finalize these updates. For example, OIRA’s long-term Unified Agenda now only identifies plans to revise the metal finishing ELG to address PFAS discharges but no longer mentions electroplating. EPA’s recent (May 2025) withdraw of the proposed Meat and Poultry Products ELG may provide some insights into how the administration plans to move forward as it relates to statutory discretion and potential regulatory burden.
EPA Claims More Water Accomplishments
EPA recently announced in a Press Release additional environmental program accomplishments noted at the 200 day milestone. Several of the Clean Water Act related examples can be found below:
- Announced a proposed rule that establishes a clear, durable, common-sense definition of WOTUS under the Clean Water Act.
- Completed 100 days of “pressure testing” Tijuana-San Diego wastewater projects following the July 2025 U.S.-Mexico MOU.
- Approved revised Clean Water Act Section 320 Comprehensive Conservation and Management Plan to protect and restore Great Bay and Hampton-Seabrook estuary watersheds in New Hampshire.
- Issued a Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit for EcoEléctrica, a company that produces about 15% of Puerto Rico’s electricity.
- Advanced clean water protections through approved selenium criteria in Virginia and new sediment total maximum daily limits.
- Launched a new macroinvertebrate subsampling station at Fort Mifflin in Pennsylvania to strengthen regional Clean Water Act monitoring.
- Enhanced EPA’s partnership with Citrus County, Florida, to advance $1.2 million for the Septic-to-Sewer program.
- Awarded $148,000 to the City of Cambridge, Nebraska, for rehabilitation of Cambridge’s Wastewater Treatment Plant.
- Collected fish tissue samples at four locations near Montrose, Missouri, to address potential concerns with the Montrose facility and fly ash storage.
- Approved revisions to Montana’s water quality standards in House Bill 664, maintaining narrative criteria to protect against harmful effects of nutrient pollution.
Association Updates
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.
2026 State Summit on Water Reuse
The 2026 State Summit on Water Reuse will take place on Wednesday, March 11, 2026, from 8:00am to 3:15pm (PT), at the InterContinental Los Angeles Downtown in Los Angeles, California. 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 8th. Please CLICK HERE to indicate your interest in participating in the State Summit by Friday, December 19th. Formal registration and additional details will follow in early 2026.
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. Please contact Ward Scott (wscott@acwa-us.org) for more information.
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
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.
Modeling/TMDL/Groundwater Unit Supervisor
Location: Union Gap or Spokane, WA
Closing Date: December 16, 2025
If you’re interested in applying for this position or reading additional information, please follow this link:
EAP Eastern Operations Section, Modeling/TMDL/Groundwater Unit Supervisor (WMS Band 1)
Environmental Specialist
Location: Brainerd, MN
Closing Date: December 22, 2025
This position exists to carry out permitting, inspection, and compliance/enforcement activities for the MPCA’s Feedlot Program. The incumbent will review and issue feedlot permits; inspect feedlots to determine compliance with permits and regulations; develop appropriate responses to non-compliance, including formal enforcement actions; educate and assist feedlot owners and their consultants on feedlot requirements; and support delegated county feedlot officers with guidance and training. For more information and to apply, visit Minnesota Careers.
Water Quality PC Tech
Location: Brainerd, MN
Closing Date: January 14, 2026
This posting will be used to fill 2 vacancies. For more information and to apply, visit Minnesota Careers.
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
