Office of Wastewater Management (OWM)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| ELG Steam Electric Power Generation | In 2015, EPA issued a final rule that set the first federal limits on the levels of toxic metals in wastewater that can be discharged from power plants. That rule was subject to legal challenge and the agency received two petitions for administrative reconsideration, including one from the U.S. Small Business Administration’s Office of Advocacy. In response, EPA agreed to reconsider the Effluent Guidelines for two waste streams. On August 31, 2020, finalized a rule revising the regulations for the Steam Electric Power Generating category. The rule revises requirements for two specific waste streams produced by steam electric power plants: flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water. The final rule can be found at: https://www.federalregister.gov/documents/2020/10/13/2020-19542/steam-electric-reconsideration-rule |
| Sean Rolland |
| Discharges of Pollutants via a Direct Hydrologic Connection to Surface Water | On January 14, 2021, Acting Assistant Administrator for Water signed and issued final guidance that EPA claims “clarifies how the Supreme Court’s County of Maui v. Hawaii Wildlife Fund decision should be applied under the NPDES permit program.” EPA’s guidance articulates “threshold conditions for triggering the requirement for a NPDES permit—an actual discharge of pollutants from a point source to a water of the United States.” The guidance also lists the factors for consideration as finalized by the Supreme Court: : (1) transit time, (2) distance traveled, (3) the nature of the material through which the pollutant travels, (4) the extent to which the pollutant is diluted or chemically changed as it travels, (5) the amount of pollutant entering the navigable waters relative to the amount of the pollutant that leaves the point source, (6) the manner by or area in which the pollutant enters the navigable waters, and (7) the degree to which the pollution (at that point) has maintained its specific identity. EPA also lists an 8th factor, “design and performance of the system or facility” as an additional criterion that should be considered. The 30-day comment period for this proposal closed January 11, 2021. More information can be found here: https://www.epa.gov/npdes/guidance-memorandum-applying-supreme-courts-county-maui-v-hawaii-wildlife-fund-decision-clean |
| Sean Rolland |
| Water Quality Trading Under the National Pollutant Discharge Elimination System (NPDES) Program | EPA strongly 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 can promote 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 including water quality-based effluent limitations (WQBELs). Neither the CWA nor the EPA's implementing regulations explicitly address water quality trading. In the absence of explicit statutory language or regulations, EPA has provided guidance for permitting authorities and stakeholders to consider when developing market-based programs, including water quality trading. (See Water Quality Trading Policy (EPA, 2003) (https://www.epa.gov/sites/production/files/2016-04/documents/wqtradingtoolkit_appendices.pdf) and Water Quality Trading Toolkit for Permit Writers (EPA, 2009) (https://www.epa.gov/sites/production/files/2016-04/documents/wqtradingtoolkit.pdf)). However, EPA is aware that despite its efforts to support these types of programs, they have not been implemented to their fullest potential. In response, the Agency is requesting comment on a proposed regulation to clarify that NPDES permitting authorities are allowed to use water quality trading and other market-based approaches in establishing WQBELs in permits to meet applicable water quality standards. |
| Jasper Hobbs |
Office of Enforcement Compliance Assurance (OECA)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| NPDES Electronic Reporting Rule – Phase 2 Extension | On November 2, 2020 EPA published the "Phase 2 Extension Rule," which provides states and EPA additional time to implement electronic reporting for certain Clean Water Act discharge permitting requirements. In this final rule, EPA is extending the compliance deadline for implementation of Phase 2 of the eRule by five years from December 21, 2020, to December 21, 2025. This final rule also provides states with additional flexibility to request additional time as needed. Further, this final rule promulgates clarifying changes to the NPDES eRule and eliminates some duplicative or outdated reporting requirements. Taken together, these changes are designed to save the NPDES authorized programs considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals, ensure full exchange of NPDES program data between states and EPA, enhance public transparency, improve environmental decision-making, and protect human health and the environment. More information can be found here: https://www.epa.gov/compliance/npdes-electronic-reporting-rule-phase-2-extension |
| Sean Rolland |
Office of Wetlands, Oceans and Watersheds (OWOW)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Navigable Waters Protection Rule (Waters of the United States - New Definition) (aka “Step 2” Rule) | On February 14, 2019, EPA and the Army Corps of Engineers published a proposed rule defining Waters of the United States that would replace the approach in the 2015 Rule and the pre-2015 regulations. ACWA submitted its comment letter on April 15, 2019. The final rule was published April 21, 2020. The effective date of the rule is June 22, 2020. More information is available here: https://www.epa.gov/wotus-rule/wotus-step-two-revise. |
| Julia Anastasio |
| Clean Water Act 404 Assumption Update Regulation | Clean Water Act (CWA) section 404(g) authorizes States and Tribes to assume administration of the dredged and fill permitting program for certain waters, and it addresses the requirements for implementation and the Environmental Protection Agency (EPA) oversight. Some States and Tribes requested that the EPA clarify those waters over which a state or tribe may assume CWA section 404 permit responsibilities, and those waters over which the U.S. Army Corps of Engineers (Corps) retains CWA 404 permit responsibility, under an approved State or Tribal program. In 2015, the EPA convened a Federal Advisory Committee (FACA), comprised of State, Tribal and other stakeholder representatives charged with providing recommendations for how the EPA could provide clarity on this issue. This rule is intended to provide clarity on the issue of which waters are assumable following the EPA's consideration of the FACA recommendations and to provide needed technical corrections and updates to the 1988 regulations. EPA approved the state of Florida's CWA Sec. 404 Assumption Request on 12/22/20. |
| Julia Anastasio |
| Clean Water Act Section 404(c) Regulatory Revision (aka "404 Veto Rule") | Section 404(c) of the Clean Water Act authorizes the Administrator "to prohibit the specification (including withdrawal of the specification) of any defined area as a disposal site" as well as to "deny or restrict the use of any defined area for specification (including the withdrawal of specification) as a disposal site . . . whenever he determines, after notice and opportunity for public hearings, that the discharge of such materials into such area will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas), wildlife, or recreational areas." This rulemaking will consider, at minimum, changes to EPA's 404(c) review process that would govern the future use of EPA's section 404(c) authority. |
| Julia Anastasio |
| Clean Water Act Section 401 Water Quality Certification | On August 8, 2019, EPA issued a proposed rule entitled Updating Regulations on Water Quality Certification. The proposed rule would narrow the scope of certification reviews and give the federal government much more power over decision making. On October 21, 2019, ACWA submitted comments on the proposed rule. EPA released a pre-publication version of the final rule on June 1, 2020. The effective date September 11, 2020. More information can be found here: https://www.epa.gov/cwa-401/updating-regulations-water-quality-certification. |
| Julia Anastasio |
Office of Science and Technology (OST)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| 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" |
| Jake Adler |
| Updated Aluminum Criteria | 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 . |
| Jake Adler |
| 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. |
| Jake Adler |
| Final Effluent Limitation Guidelines Plan 14 | On January 11, 2021 EPA issued a Final Effluent Guidelines Program Plan 14. Plan 14 provides updates on EPA’s reviews of industrial wastewater discharges and treatment technologies discussed in the preliminary plan (October 24, 2019), including analyses of industrial sources, discharges of nutrients, and proposed treatment technology reviews. Plan 14 also provides updates on ongoing point source category studies, including EPA’s Petroleum Refining category study, the PFAS Multi-Industry Study, and the Electrical and Electronic Components category. Additionally, EPA is developing: -revisions to the Centralized Waste Treatment category -proposed rule to consider BAT limitations for the Steam Electric Power Generating category -an ANPR for the Organic Chemicals, Plastics, and Synthetic Fibers category EPA also announced the agency will conduct studies of four categories related to nutrients: -fertilizer manufacturing -explosives manufacturing -plastics molding and forming -miscellaneous foods and beverages For more information: https://www.epa.gov/sites/production/files/2021-01/documents/eg-plan-14_jan-2021.pdf |
| Jake Adler 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. |
| Jake Adler and Sean Rolland |
Office of Resource Conservation and Recovery (ORCR)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Disposal of Coal Combustion Residuals Rule | This rule finalized national regulations to provide a comprehensive set of requirements for the safe disposal of Coal Combustion Residuals (CCRs), commonly known as coal ash, from coal-fired power plants. These regulations address the risks from coal ash disposal -- leaking of contaminants into ground water, blowing of contaminants into the air as dust, and the catastrophic failure of coal ash surface impoundments. New Proposal: The Agency is proposing four changes associated with the judicial remand and the settlement agreement entered April 18, 2016. The proposed revisions would: 1) clarify the type and magnitude of non-groundwater releases that would require a facility to comply with some or all of the corrective action procedures set forth in 40 CFR §§ 257.96-257.98 in meeting their obligation to clean up the release; 2) add boron to the list of constituents in Appendix IV of part 257 that trigger corrective action and potentially the requirement to retrofit or close the CCR unit; 3) determine the requirement for proper height of woody and grassy vegetation for slope protection; and 4) modify the alternative closure provisions. |
| Sean Rolland |
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. More information can be found here. |
| Julia Anastasio |
| Revisions to the Unregulated Contaminant Monitoring Rule (UCMR 5) for Public Water Systems | SDWA requires that EPA establish a program to monitor specified unregulated contaminants every five years, most recently in UCMR4 issued December 20, 2016. This action will propose the terms for the next cycle of monitoring and drafting a list of the new unregulated contaminants proposed to be monitored during the UCMR 5 period of 2022 to 2026. The proposal will include the collection of more drinking water occurrence data for a broader group of PFAS. |
| Jake Adler |
| Regulatory Determinations for Contaminants Including Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) | 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). |
| Jake Adler |
Select Non Rulemaking Efforts and Other Developments
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| National Water Reuse Action Plan | EPA is leading a multi-agency initiative on water reuse and recycling, focused on identifying and implementing actions that can foster consideration of water reuse in such sectors as agriculture, industry, potable water, national security, and environmental restoration. EPA spent much of 2019 consulting with states and other stakeholders to develop a draft National Water Reuse Action Plan that contains dozens of proposed actions across 11 strategic objectives. EPA has assembled a group of "Federal Partners on Water Reuse" but maintains that the proposed action plan is a water sector-wide plan, not an EPA or federal plan. EPA expects public and private stakeholders will commit to leading and/or collaborating to implement the actions. Because water reuse is governed at the state level, ACWA has been identified as a "critical partner" in carrying out the plan, and as such, ACWA members will determine which actions ACWA leads or collaborates on going forward. It is expected that the Final Plan would include details on a structure and timeline of implementation, or that EPA would subsequently convene action leaders/collaborators to establish how the plan will be implemented. 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. |
| Jake Adler |
| Strengthening Transparency in Regulatory Science | This action is intended to strengthen the transparency of EPA regulatory science and ensure the appropriate science underlying its actions is publicly available in a manner sufficient for independent validation. This rule would increase transparency of the assumptions underlying dose-response data and models that support EPA regulatory decisions. EPA issued a final rule on January 6, 2021 in the Federal Register. |
| Jake Adler |
| Strengthening Transparency in Regulatory Science Rule: Application to to the Development of CWA and SDWA Regulations | On April 30, 2018, EPA provided notice of proposed rulemaking (83 FR 18768) intended to strengthen the transparency of EPA regulatory science. On March 18, 2020, EPA issued a supplemental proposal (SNPRM) to clarify, modify and supplement certain provisions of the 2018 proposed rule in response to public comments. In the SNPRM, EPA proposed definitions and clarified that the proposed rulemaking applies to data and models underlying both pivotal science and pivotal regulatory science. EPA also proposed that the scope of the rulemaking apply to influential scientific information as well as significant regulatory decisions and proposed a modified approach to the public availability provisions for data and models that would underlie significant regulatory decisions and an alternate approach. In this action, EPA is requesting comment on how to apply these requirements to significant Clean Water Act and Safe Drinking Water Act regulatory actions. This rulemaking would increase transparency of the assumptions underlying data and models that support these EPA regulatory actions. |
| Jake Adler |
| Oil and Gas Extraction and Centralized Waste Treatment Point Source Categories (Expansion of Discharges From CWT Facilities) | EPA Region 6 is proposing to revise sections 40 CFR part 437 to expand the beneficial use of treated produced waters by allowing the discharge of produced waters from Centralized Waste Treatment (CWT) facilities, and from Publicly Owned Treatment Works (POTWs). These revisions would allow more flexibility in the discharge, and ultimately the management of treated produced waters for agricultural uses, reuse for oil recovery, and other uses to alleviate water scarcity. The proposal (RIN: 2006-AA02) is listed in the Fall 2020 Unified Agenda here. |
| Jake Adler |
| Designating PFOA and PFOS as CERCLA Hazardous Substances | Pursuant to the EPA PFAS Action Plan, EPA Office of Water and Office of Land and Emergency Management (OLEM) are undertaking a rulemaking effort to designate PFOA and PFOS as CERCLA hazardous substances. Designating PFOA and PFOS as CERCLA hazardous substances would require reporting of releases of PFOA and PFOS that meet or exceed the reportable quantity assigned to these substances. This may enable federal, state, tribal and local authorities to collect information regarding the location and extent of releases. |
| Jake Adler |
| 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. |
| Jake Adler |
| Study of Oil and Gas Wastewater Management | The focus of the Agency’s study will be to engage with states, tribes and stakeholders to consider available approaches to manage wastewater from both conventional and unconventional oil and gas extraction at onshore facilities. EPA’s study will address questions such as how existing federal approaches to produced water management under the Clean Water Act can interact more effectively with state and tribal regulations, requirements or policy needs, and whether potential federal regulations that may allow for broader discharge of treated produced water to surface waters are supported. EPA is particularly interested in working with its regulatory partners at the state level, who are at the forefront of the changing industry, and often manage complex water allocation programs under state law. EPA is consulting with states, tribes and stakeholders this summer, including industry and NGOs. The Agency is planning to hold a public meeting in Washington, D.C. to report on what we have learned and to allow stakeholders to provide additional input. EPA then plans to prepare a white paper that it can use to inform next steps. Following this study, EPA will determine if future Agency actions are appropriate to further address oil and gas extraction wastewater. |
| Jake Adler |
| EPA Office of Research and Development (ORD) Hydraulic Fracturing Study | EPA ORD has been developing a study on the potential environmental and human health implications of hydraulic fracturing with special emphasis on the relationship between hydraulic fracturing and drinking water resources. On June 4, 2015, a draft assessment was released by the agency. The study will be finalized after review by the Science Advisory Board and public review and comment. The Federal Register Notice with information on the SAB review and how to comment on the draft assessment was published on June 5, 2015: https://federalregister.gov/a/2015-13674. The Final Report, as well as companion statements and summaries, was published in December 2016 and is available here. No future updates are expected at this time. |
| Jasper Hobbs |
