News
EPA/USACE Announce Supplemental WOTUS Rulemaking
On September 9, EPA and the U.S. Army Corps of Engineers published a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking additional public input on the definition of “waters of the United States” (WOTUS) under the Clean Water Act. Comments on the supplemental proposal are due October 9, 2026, and may be submitted through Regulations.gov under Docket ID EPA-HQ-OW-2025-0322.
The supplemental proposal builds on the agencies’ November 2025 proposed rule and presents additional alternatives for defining two concepts central to determining federal jurisdiction following the Supreme Court’s Sackett v. EPA decision: “relatively permanent” waters and wetlands with a “continuous surface connection” to jurisdictional waters. Under one new alternative, the agencies would generally limit “relatively permanent” waters to perennial waters—those with standing or continuously flowing water every day of the year under ordinary conditions—while allowing limited interruptions caused by drought, low tides, or a regularly occurring dry spell of up to 30 consecutive days.
The SNPRM also revisits the November 2025 proposal’s use of the “wet season” concept, under which a wetland could satisfy the continuous-surface-connection requirement if it abuts a jurisdictional water and has surface water at least during the wet season. EPA and the Army received comments questioning both the legal basis and practical implementation of that approach, including concerns that wetland inundation and streamflow may lag behind precipitation and therefore may not coincide with the defined wet season, particularly in areas affected by snowmelt or other seasonal hydrologic patterns. As an alternative, the supplemental proposal seeks comment on requiring perennial surface water in a wetland that is continuously connected to surface water in the jurisdictional water, subject to limited temporary interruptions, which would substantially narrow the circumstances in which wetlands satisfy the continuous-surface-connection test. The agencies acknowledge that the supplemental alternatives could significantly reduce the extent of federally jurisdictional streams and wetlands compared with the current baseline, with particularly significant effects anticipated in the arid West.
Proposed NPDES Update – Definitions and Exclusions
On September 4, 2026 EPA published in the Federal Register a proposal to revise the regulatory definition of “discharge of a pollutant” to reflect statutory exclusion of vessels and other floating craft and related NPDES program clarifications. The net effect of these changes would be to exclude vessels or other floating craft in the contiguous zone or the ocean, not secured to the seabed, from the NPDES program. If you have questions about these proposed changed please contact Kenda Conley at 202-564-0306 or conley.kenda@epa.gov. Comments are due by October 19, 2026. A link to the Federal Register notice can be found here: Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions.
EPA Rescinds Five Water Guidance Documents
This week, EPA announced that it is rescinding five Biden-era Office of Water guidance documents addressing climate change, environmental justice, PFAS and other pollutant limits in permits, and groundwater discharges. In an August 11th memo, EPA said the documents no longer align with the Trump administration’s regulatory priorities.
Jessica Kramer, assistant administrator for EPA’s Office of Water, wrote: “As part of the agency’s renewed commitment to accessibility, transparency, and fair notice, the Office of Water has initiated a systematic review of its guidance documents to ensure its materials comply and align with current laws, regulations, and policies, and were appropriately informed by public input, as appropriate.”
The rescissions are consistent with the Trump administration’s broader deregulatory agenda. The memo identifies five guidance documents for withdrawal:
- Climate change considerations for Clean Water Act (CWA) total maximum daily loads
- Environmental justice in underground injection control (UIC) permits for carbon capture and storage (CCS) wells
- Per- and polyfluoroalkyl substances (PFAS) controls in National Pollutant Discharge Elimination System (NPDES) permits
- Technology-based limits in NPDES permits for emerging pollutants
- Application of the Supreme Court’s decision in County of Maui v. Hawaii Wildlife Fund to groundwater discharges
Kramer noted that although guidance documents and other EPA materials are not “legally binding,” they still “inform the decisions and actions of states, Tribes, landowners, businesses, and the public at large.”
Kramer added that “The Office of Water will consider whether new guidance is appropriate or needed to replace the withdrawn guidance.”
Trump Administration Signs New Executive Order on Chesapeake Bay Restoration
The Trump Administration issued an Executive Order on the Chesapeake Bay that repeals Executive Order 13508 – a 2009 order that directed federal agencies to coordinate Chesapeake restoration, make fuller use of Clean Water Act authorities, pursue science-based and publicly accountable strategies, and strengthen federal leadership across the watershed.
This new order states that the Environmental Protection Agency shall coordinate with the States of Maryland, Virginia, Pennsylvania, Delaware, New York, and West Virginia, and the District of Columbia, to:
- assess the additional financial burdens placed on residents of these jurisdictions through the imposition of stormwater management fees;
- explore initiatives and opportunities to effectuate this order and promote the environmental health of the Chesapeake Bay that do not increase costs on individual residents of these jurisdictions; and
- take measures to encourage the repeal or rescission of stormwater management fees imposed by States or localities and funded by their respective residents.
- Actions taken pursuant to this section shall prioritize strategies that are grounded in objective metrics and proven water management practices, supported by empirical data and scientific analysis, and measurable in impact. Strategies shall use and rigorously document performance indicators and outcomes, such as reductions in sediment, phosphorus, and nitrogen loads, and improvements in water quality.
You may find the full EO here.
Association Updates
ACWA 2027 Spring Clean Water Act Regulators Summit – Save The Date!
Dates: March 24, 2027 at 8:00 am – March 25, 2027 at 12:00 pm
Board of Directors will meet March 23, 2027.
Venue: The Hilton Alexandria Old Town, Alexandria, VA
ACWA has provided a draft agenda for attendee travel approval purposes. View the draft agenda here.
Check here on our website for more information regarding registration, lodging, and agenda updates.
2026 Water Quality Modeling Workshop
ACWA and US EPA will be holding simultaneous modeling trainings the week of September 28th, at the Martin Luther King Jr. Federal Building in Atlanta, GA.
ACWA’s Modeling Workshop will have 2 tracks to choose from, a modelers forum, which will feature case studies, demos, and group discussions, as well as a HAWQS/SWAT+ hands on training. Each track will have a cap of 40 attendees. These trainings will run Tuesday September 29 – Thursday, October 1. More info may be found on ACWA’s Event Page here.
You may register for either of these tracks here.
View the draft agendas here.
Concurrently, US EPA Region 4 and the National Water Modeling Workgroup will sponsor a 5-day workshop on water quality principles/modeling using the Water Quality Analysis Simulation Program (WASP) on September 28th – October 2nd. There is a cap of 40 people for this in-person only class at the Martin Luther King Jr. Federal Building in Atlanta, GA.
If you are interested in attending this workshop, please visit WASP Website click the “Register for Workshop” link to complete the registration form. The workshop is open to all and there is no registration fee for the workshop. Attendees are responsible for their own travel and lodging related expenses. Please contact Catherine York (York.Catherine@epa.gov) with questions on the WASP training.
ACWA will have some travel support for state staff attending either of these trainings. Please reach out to Lexy Bailey if you will need travel support.
2026 National NPDES Program Efficiency Workshop
Date: November 2 – 6, 2026
Time: 12:00pm – 5:00pm Eastern
Purpose: The 2026 National NPDES Program Efficiency Workshop supports implementation of federal and NPDES permitting programs nationwide by highlighting administrative efficiencies, sharing best management practices, showcasing innovative federal and state programs, improving data quality, highlighting new approaches and technologies, facilitating coregulator collaborations and identifying challenges and barriers. Program areas to be considered for the workshop include jurisdictional determination, permit application, public process, permit issuance, monitoring and reporting, data management, compliance monitoring, inspections, violations and response, enforcement, and oversight.
Virtual Registration: While we have not yet set a cap for the number of virtual attendees per state/interstate/territory, we are currently allowing those folks that complete the premeeting survey to pre-register and ensure they get lock their seat. Registration link is available upon completion of the survey. Pre-Meeting Survey/Pre-Registration Available
Meetings and Webinars
U.S. Department of Energy Industrial Water Reuse Webinar Series
Join the U.S. Department of Energy (DOE) and leading organizations for an interactive webinar series designed to explore the evolving landscape of industrial water reuse. This series will equip you with actionable frameworks to reduce freshwater footprints, lower operating costs, and navigate complex project economics. The next session will take place on Sept. 23, at 1:00 pm ET. Click here to register.
The series is organized into three distinct sections: Foundational Principles of Industrial Water Reduction and Reuse, Identifying and Implementing Water Reuse Projects Across Industry Sectors, and Strategies for Financing and Implementation. Because each session is designed as a standalone learning opportunity, you are welcome to attend the entire series or drop in for individual webinars that align with your specific interests and needs. Details for webinars in Sections 2 and 3 will be released as speakers are finalized.
Webinars are held monthly. Check out the full series schedule and sign up today!
EPA Office of Water Emergency Response and Cybersecurity (OWERC) Water-Sector Cybersecurity Events
Register for all sessions here:
- October 14: Natural Hazard Technical Assistance for Updating your Emergency Response Plan (EPA SWIFT initiative webinar)
U.S. Symposium on Harmful Algae – Travel Funding & Fee Waiver Opportunities
October 25-29, 2026; Cedar Rapids, IA
The U.S. Symposium on Harmful Algae focuses on enhancing our understanding of harmful algal blooms and their effects on aquatic ecosystems, public health, and communities. Through scientific sessions and specialized breakout discussions, participants will engage in conversations about emerging challenges, innovative approaches, and updates in HAB science, management, policy, and programs. This dynamic four-day event features plenary sessions, breakout discussions, and scientific poster presentations covering key topics such as bloom dynamics, monitoring and management, prevention and mitigation strategies, emerging technologies, community engagement, and modeling and forecasting. The primary goal is to facilitate knowledge sharing, address emerging issues, and drive progress toward effective HAB management. Attendees also value the many opportunities to network, connect with colleagues, and discuss the latest developments in the world of HABs. The 13th U.S. Symposium on Harmful Algae will take place on October 25-29, 2026 in Cedar Rapids, IA.
Water Sector Utility Case Studies for Building Resilience to Natural Hazards
Date and Time: Wednesday, December 9, 2026, 1:00 pm – 2:00 pm EST
REGISTER HERE
SWIFT technical assistance is tailored to meet the needs of each utility’s request, from building risk and resilience assessments, to updating emergency response plans, to quantifying the potential reductions in risk that specific resilience projects can deliver. Learn how water sector utilities are benefitting from SWIFT technical assistance. Hear directly from utility representatives across the country that have engaged in the process to build system resilience to various natural hazards.
For questions or additional information about the webinar, please email ramming.audrey@epa.gov.
Please note that continuing education units (CEUs) are not available for this webinar; however, supporting documentation can be provided to attendees who choose to approach their respective state agencies.
Building Winter Weather Resilience for Water Sector Utilities
Date and Time: Wednesday, January 13, 2027, 1:00 pm – 2:00 pm EST
REGISTER HERE
Ready for the winter season? SWIFT’s experts can provide customized technical assistance to help your utility build resilience to winter weather hazards through risk-informed project planning and investment. Review this winter’s seasonal outlook, learn about the SWIFT technical assistance experience, and explore tools that can help your utility better understand and assess system impacts and identify resilient solutions.
For questions or additional information about the webinar, please email ramming.audrey@epa.gov.
Please note that continuing education units (CEUs) are not available for this webinar; however, supporting documentation can be provided to attendees who choose to approach their respective state agencies.
Job Opportunities
Assistant Environmental Analyst – Hudson River Stewardship Assistant
Location: Staatsburg, NY
Closing Date: September 20, 2026
To apply, send your cover letter and resume by email to jobs@neiwpcc.org by September 20, 2026. Reference #26-HRNERR-003 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.
Environmental Analyst
Location: Grand Isle, VT
Closing Date: September 27, 2026
To apply, submit your cover letter, resume and writing sample by email to jobs@neiwpcc.org by September 27, 2026. Please reference #26-LCP-002 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.
Environmental Analyst – Lead Testing in Schools
Location: Providence, RI
Closing Date: October 4, 2026
To apply, submit your cover letter, resume, and a brief writing sample by email to jobs@neiwpcc.org by October 4, 2026. Please reference #26-RIDOH-001 in the email subject line. Accepting applications until the position is filled. A full position description and benefits list may be viewed at: https://neiwpcc.org/about-us/careers.
Deputy Director (Deputy/Chief 6)
Location: Portland, OR
Closing Date: October 5, 2026
For more information and to apply, visit Oregon Job Opportunities.
Manager, Office of Stormwater Permitting & Compliance
Location: Richmond, VA
Closing Date: Open Until Filled
This position leads DEQ’s construction and municipal stormwater programs. For a full position description and information on how to apply, please follow this link: Manager, Office of Stormwater Permitting and Compliance.
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.
Watershed Management Section Manager
Location: Thurston County – Lacey, WA
Closing Date: Continuous
If you’re interested in applying for this position or reading additional information, please follow this link:
Watershed Management Section Manager (WMS2)
Be sure to check out other opportunities on ACWA’s Job Opportunities page.
