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ACWA Weekly Wrap Vol. XVI, Issue 37 (Week of December 8, 2025)

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News

H.R. 3898 On The Move

For those tracking H.R. 3898 (the PERMIT Act), this bill passed the Rules Committee on 12/9/2025 and passed the House of Representatives on 12/11/2025 by a vote of 221-205. This bill modifies several provisions of the CWA. Some example revisions include:

  • Requires water quality standards applicability to take into account cost effectiveness and commercial availability of CSO controls.
  • Requires all water quality criteria to follow the formal rulemaking process
  • Requires technology to be commercially available in the United States and demonstrated at comparable scale.
  • Requires 401 certification to only consider actual discharges, and adds details regarding the one-year timeline.
  • Allows for the use of up to 10 year permits.
  • Requires NPDES permits to use clear, objective, concrete limits on specific pollutants or waterbody conditions.
  • Clarifies that discharge of specific aerial fire retardants, agriculture stormwater, and pesticide discharges are exempt from NPDES permitting.
  • Modifies several 404 provisions related to national permits, timelines, state delegation, and judicial review.
  • Codifies WOTUS exclusions for water treatment systems, ephemeral features, groundwater, and prior converted croplands.

The most current version of this bill can be found here: H.R.3898 – 119th Congress (2025-2026): PERMIT Act

DOJ Issues Direct Final Title VI Rule

The Department of Justice (DOJ) issued a direct final rule this week limiting Title VI discrimination claims to intentional discrimination. Historically, Title VI barred grant recipients from activities that impose a disparate impact or unintentionally discriminate. Before the new rule, Title VI prohibited agencies and their grant recipients from adopting policies with a disparate impact, defined as having the unintentional effect of harming majority-minority areas that were often low-income as well. The previous Administration used this as a justification for many of its environmental justice activities. The new rule takes immediate effect.

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 agencies will hold a public meeting next week in Pittsburgh, PA, as well as a virtual public meeting, to gather input on the proposed rule. Please use the following links to register for one or both meetings:

Click here to read EPA’s public fact sheet on the proposed rule.

Click here for EPA’s WOTUS webpage. 

Association Updates

Notice – No Wrap the Week of December 22nd

In observance of the holiday, ACWA will not publish a Weekly Wrap the week of December 22nd. ACWA Offices will be closed from December 24th, 2025 through January 2nd, 2026. Look out for our next edition the week of January 5th, 2026. Happy Holidays!

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

Registration is now open!

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

Small Wastewater System Funding Series

Environmental Finance Center Network presents Finding a Unicorn! Small Wastewater System Funding Series. Successfully securing and managing federal funding for publicly owned and decentralized wastewater treatment systems is no small task:

SRF Office Hours

Environmental Finance Center Network provides SRF Office Hours. These sessions are designed to help state agencies, utility operators, and stakeholders navigate SRFs with practical insights and strategies. Each session begins with a theme to provide clarity on managing SRF-funded projects, followed by an open “Ask Me Anything” Q&A.

DOT’s Designing Smarter Roads: Permeable Pavements & Culverts

Date and Time: December 18, 2-3:30pm ET
REGISTER HERE

Join FHWA CLAS for this month’s Innovation Exchange webinar as we learn how permeable pavements and culverts are reshaping how we manage stormwater and build resilient urban infrastructure. Permeable pavements allow water to filter through surfaces like roads, trails, and parking lots, helping reduce runoff and improve water quality.

SWC Webinar on Forests & Water Partnerships

Date and Time: Thursday, January 15, 2026, from 2:00–3:30 pm ET
REGISTER HERE

On Thursday, January 15, 2026, from 2:00–3:30 pm ET, the Source Water Collaborative and Southeastern Partnership for Forests & Water are hosting a webinar entitled, “Stronger Together: Forests & Water Partnerships.” Join us for an engaging session on how the Oregon Department of Environmental Quality (DEQ) and Denver Water are leveraging forest management and conservation to protect their drinking water sources. After the presentations and a lively Q&A, we’ll move into a brief breakout discussion—your chance to connect with peers and explore how these strategies could benefit partnerships in your own region.

For more information, view the webinar flyer.

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.

Aquatic Invasive Species Boat Launch Stewards

Location: Lake Champlain, NY and VT
Closing Date: January 20, 2026

To apply, submit a cover letter and resume by email to jobs@neiwpcc.org; please reference #26-LCBP-002 in the email subject line. Application review will begin on January 20, 2026, and will continue on a rolling basis until all positions are filled. A full position description may be viewed at: https://neiwpcc.org/about-us/careers.

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