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Home > Focus Areas > Legislation, Regulation and Litigation > Rulemakings

Rulemakings

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Office of Wastewater Management (OWM)

TitleDescriptionKey DatesACWA Staff Contact
Discharges of Pollutants via a Direct Hydrologic Connection to Surface WaterOn 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.” Along with the 7 factors identified by the Supreme Court, EPA also listed an 8th factor, “design and performance of the system or facility” as an additional criterion that should be considered. EPA has informally indicated they plan to considering whether to revise or rescind this guidance.

On September 16, 2021 EPA rescinded this guidance and is making plans to reissue in the future.
More information can be found here:
https://www.epa.gov/npdes/guidance-memorandum-applying-supreme-courts-county-maui-v-hawaii-wildlife-fund-decision-clean
  • Recission Guidance Date: September 16, 2021
  • New Proposed Guidance Date: TBD
Sean Rolland
ELG Steam Electric Power GenerationEPA continues to update this rule based on litigation and court decisions. In August 2021, EPA announced its intent to undertake a rulemaking in which the Agency will determine whether more stringent limitations and standards are appropriate and consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act.
  • Proposed Rule: January 2023
Sean Rolland
Section 402/404 Negligence StandardStates can seek approval to administer the 402 (NPDES) program and can assume the dredge and fill activities under 404(g). EPA is considering regulations to clarify the criminal intent standard applicable to state and tribal CWA 402 and 404(g) programs when administering those programs.
  • NPRM Comment Period: Ended January 14, 2021

  • Final Rule Publication Date: December, 2023
Sean Rolland
Market-Based Approaches under the NPDES ProgramEPA 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 promotes 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. EPA is proposing a regulation to clarify how water quality trading and other market-based approaches may be used by NPDES permitting authorities in permits to meet applicable water quality standards.
  • NPRM Publication Date: June
    2023
  • Final Rule Publication Date: October 2024
Sean Rolland
Peak Flows Management Wet weather events (e.g., rain, snowmelt) can affect operations at publicly owned treatment works (POTWs) when excess water enters the wastewater collection system. Large wet weather events can exceed the POTW treatment plant's capacity to provide the same type of treatment for all incoming wastewater. POTWs need flexibility to manage and treat peak flows under wet weather conditions to ensure efficient treatment plant operation while protecting public health. EPA is currently exploring permitting approaches to allow flexibility for more resilient and adaptable solutions for managing peak flows.
  • NPRM Publication Date: TBD
  • Final Rule Publication Date: TBD
Sean Rolland
Clean Water Act Methods Update RuleEPA regularly promulgates updates of approved monitoring methods at 40 CFR 136.3. EPA will only consider methods submitted through the Alternate Test Procedure (ATP) program; from Voluntary Consensus Standard Bodies (VCSBs); and other government Agencies by January 7, 2022. More information on specific requirements for submission of method packages for new methods/revisions.
https://www.epa.gov/cwa-methods/alternate-test-procedures
  • NPRM Publication Date: April 2023
  • Final Rule Publication Date: June 2024
Sean Rolland
Clean Water Act Section 401: Water Quality Certification Clean Water Act (CWA) section 401 provides States and Tribes with a powerful tool to protect the quality of their waters from adverse impacts resulting from federally licensed or permitted projects. Under section 401, a federal agency may not issue a license or permit to conduct any activity that may result in any discharge into navigable waters, unless the State or Tribe where the discharge would originate either issues a section 401 water quality certification finding “that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307” of the CWA, or certification is waived. In June 2022, consistent with Executive Order 13990, EPA proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule” to revise the 2020 Rule. The proposed rule would update the existing regulations to be more consistent with the statutory text of the 1972 CWA; to clarify, reinforce, and provide a measure of consistency with respect to elements of section 401 certification practice that have evolved over the 50 years since the 1971 Rule was promulgated; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401.
  • NPRM Publication Date: June 2022
  • Final Rule Publication Date: June 2023
Julia Anastasio
Revisions to the Metal Finishing Effluent Guidelines to Address PFAS Discharges in Chromium Electroplating WastewaterUnder this action, EPA is revising the Metal Finishing ELGs at 40 CFR part 433 to address discharges of per- and polyfluoroalkyl substances (PFAS) in wastewater from chromium electroplating facilities.
  • NPRM Publication Date: 8/1/2024
  • Final Rule Publication Date: TBD
Sean Rolland

Office of Wetlands, Oceans and Watersheds (OWOW)

TitleDescriptionKey DatesACWA Staff Contact
Revised Definition of Waters of the United States
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.
In June 2021 the agencies announced their intent to revise the NWPR. The agencies will review and revise as appropriate the definition of "waters of the United States" in accordance with Executive Order 13990. In December 2021 the agencies published Rule 1 which returns the regulations to the pre-2015 rules (86 regulations) updated to include recent Supreme Court decisions.

The agencies intend to move forward with Rule 2 in 2022. This second rule proposes to include revisions reflecting on additional stakeholder engagement and implementation considerations, scientific developments, and environmental justice values. This effort will also be informed by the experience of implementing the pre-2015 rule, the 2015 Clean Water Rule, and the 2020 Navigable Waters Protection Rule.
  • Rule 1 NPRM 12/07/21
  • Final Rule 12/00/22
  • Rule 2 NPRM 11/00/23
  • Final Rule 07/00/24
    Julia Anastasio
    Clean Water Act 404 Assumption Update RegulationClean 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.
    • NPRM 09/00/23
    • Final Rule 10/00/24


    Julia Anastasio
    Clean Water Act Section 401 Water Quality Certification In accordance with Executive Order 13990, the EPA will review and revise as appropriate the June 2020 regulation titled Clean Water Act Section 401 Certification Rule.” Recognizing that section 401 is a direct grant of authority to states and tribes, EPA intends to conduct stakeholder outreach with states and tribes to further inform this review.

    More information is available at https://www.epa.gov/cwa-401/updating-regulations-water-quality-certification
    • ANPRM 06/02/21 (88 FR 29541)
    • NPRM 06/09/22
    • Final Rule 06/00/23
      Julia Anastasio

      Office of Science and Technology (OST)

      TitleDescriptionKey DatesACWA Staff Contact
      Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights Many tribes hold reserved rights to resources on lands and waters under state and federal jurisdiction, through treaties and equivalent agreements with the U.S. government. The U.S. Constitution defines treaties as the supreme law of the land. OW is pursuing a change to its water quality standards regulations to ensure that water quality standards do not impair tribal reserved rights by giving clear direction to states for developing water quality standards where tribes hold reserved rights. This will help EPA ensure protection of resources reserved to tribes in treaties and equivalent agreements when establishing, revising, and reviewing water quality standards.

      • NPRM: March 2023
      • Public Comments: January- March 6, 2023
      • Final Rule: September 2023
        Jake Adler
        Federal Baseline Water Quality Standards for Indian Reservations EPA is developing a proposed rule to establish tribal baseline water quality standards (WQS) for waters on Indian reservations that do not have WQS under the Clean Water Act (CWA). Less than 20 percent of reservations have EPA-approved tribal WQS. Promulgating baseline WQS would address this longstanding gap and provide more scientific rigor and regulatory certainty to National Pollutant Discharge Elimination System (NPDES) permits for discharges to these waters. Consistent with EPA regulations, the baseline WQS would include designated uses, water quality criteria to protect those uses, and antidegradation policies to protect high quality waters. EPA initiated tribal consultation on June 15th, 2021 and will be engaged in coordination and consultation with tribes throughout the consultation period, which ends September 13th, 2021. EPA welcomes consultation with tribes both during and after the consultation period. EPA plans to propose this rule by early 2022 and to finalize by early 2023.
        • ANPRM: September 29, 2016
        • NPRM: March 2023
        • Final Rule: March 2024
          Jake Adler
          304(a) Recommended Lake/Reservoir Numeric Nutrient CriteriaOn 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"
          • Public Comment Deadline: August 20, 2020
          • FInalized: August, 2021
          • Implementation Document Review: Summer 2022
          • Implementation Document Public Comment Period: January 12-March 13, 2023
            Jake Adler
            Updated Selenium Criteria and Technical Support MaterialsEPA’s water quality criterion for selenium provides recommendations to states and tribes authorized to establish water quality standards under the Clean Water Act. This criterion includes information to help states to develop site specific criteria that account for differing local conditions.

            In 2021, EPA identified that the following text was missing from the second sentence in footnote 4 in the criterion table: "When selenium inputs are increasing." Corrected footnote 4 now states: "4. Water column values are based on dissolved total selenium in water and are derived from fish tissue values via bioaccumulation modeling. When selenium inputs are increasing, water column values are the applicable criterion element in the absence of steady-state condition fish tissue data.” Footnotes 2 and 3 also reflect that footnote 4 was corrected.
            • Criteria Update Using Fish Tissue Concentrations: 2004
            • Draft Criteria for Public Comment: 2014
            • Revised Draft Criteria for Public Comment: 2015
            • Final Criteria: 2016
            • Final Criteria Re-published with Footnote Corrections: August 2021
            • Public Comments Due for Selenium Criteria Technical Support Materials: January 3, 2022
            • Final Technical Support Materials: 2023 TBD
            Jake Adler
            Updated Aluminum Criteria and Technical Support MaterialsEPA 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 .
            • Proposed: Jul. 28, 2017
            • Comment Period: Closed Sept. 26, 2017
            • Finalized: December 2018
            • Public Comment Deadline on Technical Support Materials: February 6, 2022
            • Final Technical Support Materials: 2023 TBD
            Jake Adler
            Recreational Ambient Water Quality Criteria/Swimming Advisories for CyanotoxinsEPA 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.
            • Proposed: Dec. 2016
            • Comment Period: Closed Mar. 20, 2017
              ACWA
            • Comments: Mar. 20, 2017
            • Issued: May 22, 2019
            Jake Adler
            Preliminary Effluent Limitation Guidelines Plan 15The public comment period for Preliminary Plan 15 closed on October 14, 2021. In particular, EPA is announcing the following actions in Preliminary Plan 15:

            • the beginning of a rulemaking to revise limitations for the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) category to address the discharge of per- and polyfluoroalkyl substances (PFAS) from facilities that manufacture PFAS.

            • the initiation of a rulemaking to revise limitations for the Metal Finishing category to address PFAS discharges from chromium plating operations.

            • the completion of its detailed study of the Meat and Poultry Products category and initiation of a rulemaking to revise the existing discharge standards for the industry.

            • the intention to publish a proposed Supplemental Rulemaking for the Steam Electric Power Generating category.

            • the initiation of detailed studies of PFAS discharges from the Landfills and Textile Mills categories.

            Preliminary Plan 15 also provides initial results from EPA's studies of multiple categories, including the Metal Products and Machinery, Explosives Manufacturing, and Landfills industries; and provides an update on the PFAS Multi-Industry Study.
            • Comment Period Closed: October 14, 2021
            • Final Preliminary Plan Published: January, 2022
            • Final Plan 15: Q1 2023
              Jake Adler and Sean Rolland
              Clean Water Act Methods Update Rule for the Analysis of Effluent EPA regularly promulgates updates to the table of approved Clean Water Act (CWA) monitoring methods at 40 CFR 136.3. The next routine Methods Update Rule (rMUR) is scheduled for proposal as early as fall 2022. For this routine MUR, EPA will only consider new methods or method revisions for which a complete, acceptable method package has been received by January 7, 2022. EPA will consider only methods submitted through the Alternate Test Procedure (ATP) program; from Voluntary Consensus Standard Bodies (VCSBs); and other government Agencies. EPA is not currently considering any changes to radiochemical or Whole Effluent Toxicity methods because of the extensive data requirements and review associated with these methods. EPA is not considering methods for new analytes in this routine MUR. More information on specific requirements for submission of method packages for new methods/revisions, see https://www.epa.gov/cwa-methods/alternate-test-procedures.
              • NPRM: April 2023
              • Final: June 2024
                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.
                • Advanced Notice of Proposed Rule: March 17, 2021
                • ACWA Submits Comments: May 17, 2021
                  Jake Adler and Sean Rolland
                  National Biosolids Program Strategy: Fiscal Year 2020-2025The Biosolids Program Strategy is a 5-year outlook that describes key activities in the following focus areas. This strategy will be updated as needed including target initiation and completion dates. The strategy details CWA Activities Based on the Latest Scientific Knowledge; Resource Recovery and Reuse Alternatives; Lifecycle Assessment; Biosolids Partner Engagement; and, Biosolids Research.
                  Specific activities for Fiscal Years 2020-2025 under the focus areas support meeting CWA requirements for biosolids and are consistent with scientific recommendations to EPA from the National Research Council (NRC).
                  • Strategy Update: December 2021
                    Jake Adler

                    Office of Ground Water and Drinking Water (OGWDW)

                    TitleDescriptionKey DatesACWA Staff Contact
                    Lead and Copper RuleOn 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.

                    On March 12, 2021, EPA issued a proposed rule delaying the LCRR's effective and compliance dates to enable the Agency to consult with stakeholders and review the LCRR in accordance with Executive Order 13990. This review of the LCRR will be consistent with the policy aims set forth in Executive Order 13985 on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.

                    More information can be found here.
                    • Proposed Rule Published: Nov. 13, 2019
                    • Comment Deadline: January 13, 2020
                    • Comment Deadline Extended: February 12, 2020
                    • Pre-Pub Version of Final Rule Posted Dec. 22, 2020
                    • Final Regulatory Revisions Published to FR: January 15, 2021
                    • Effective Date: March 16, 2021
                    • Proposed Rule Delaying Effective & Compliance Dates Published to FR: March 12, 2021
                    • Finalization of Lead and Copper Rule Revisions (LCRR): December 16, 2021
                    • Announcement of Future Rule Revision "Lead and Copper Rule Improvements (LCRI)": December 16, 2021
                    • LCRI NPRM 04/00/23
                    • Final Rule: June 2023
                      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 29 PFAS as well as lithium.


                      • Notice: May 30, 2019
                      • NPRM: December, 2020
                      • Proposed Rule: March 11, 2021
                      • Final Rule: December, 2021
                        Jake Adler
                        Regulatory Determinations for PFOA and PFOS, National Primary Drinking Water RegulationSDWA 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).

                        On February 22, 2021, EPA reissued the same final regulatory determinations for the contaminants noted above. EPA will now pursue a national primary drinking water regulation (NPDWR) for PFOA and PFOS.
                        • Proposed Determination: March 10, 2020
                        • Final Determination Made: February 22, 2021
                        • NPDWR NPRM: December 2022
                        • Final NPDWR: December 2023
                        Jake Adler

                        Office of Enforcement Compliance Assurance (OECA)

                        TitleDescriptionKey DatesACWA Staff Contact
                        No New Rules Planned at This TimeN/AN/ASean Rolland

                        Office of Water (OW)

                        TitleDescriptionKey DatesACWA Staff Contact
                        Cybersecurity in Public Water SystemsEPA is evaluating regulatory approaches to improve cybersecurity at public water systems. EPA plans to offer separate guidance, training, and technical assistance to states and public water systems on cybersecurity. This action will provide regulatory clarity and promote the adoption of cybersecurity measures by public water systems.
                        • NPRM Publication Date: TBD
                        Sean Rolland

                        Office of Land and Emergency Management (OLEM)

                        TitleDescriptionKey DatesACWA Staff Contact
                        PFAS-Related Designations as CERCLA Hazardous Substances In 2019 and 2020, EPA issued and updated a PFAS Action Plan that identified both short-term solutions for addressing PFAS and long-term strategies that may provide the tools and technologies states, tribes, and local communities requested to provide clean and safe drinking water to their residents and to address PFAS at the source before it gets into the water. The designation of PFOA and PFOS as CERCLA hazardous substances was one of several actions mentioned in the PFAS Action Plan. The EPA is undertaking a rulemaking effort to designate PFOA and PFOS as CERCLA hazardous substances.

                        In this ANPRM, EPA will seek public input on further PFAS-related designations under CERCLA. As examples, the Agency may request input regarding the potential hazardous substance designation of precursors to PFOA and PFOS; hazardous substance designation of additional PFAS; and designation, or designations of classes or sub-classes of PFAS as hazardous substances.
                        • ANPRM: February 2023
                        • Final Rule: TBD
                        Jake Adler
                        Listing of PFOA, PFOS, PFBS, and GenX as Resource Conservation and Recovery Act (RCRA) Hazardous ConstituentsBased on public health and environmental protection concerns and in response to petitions from the Governor of New Mexico, Public Employees for Environmental Responsibility, and Berkeley School of Law on behalf of five other organizations, which request EPA to take regulatory action on PFAS under RCRA, EPA is evaluating the existing toxicity and health effects data on four PFAS constituents to determine if they should be listed as RCRA Hazardous Constituents. If the existing data for the four PFAS constituents support listing any or all of these constituents as RCRA hazardous constituents, EPA will propose to list the constituents in a Federal Register notice for public comment. The four PFAS chemicals EPA will evaluate are: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid (PFBS), hexafluoropropylene oxide dimer acid (HFPO-DA, and/or GenX).
                        • NPRM: August 2023
                        Jake Adler
                        Designating PFOA and PFOS as CERCLA Hazardous Substances On February 14, 2019, the Environmental Protection Agency (EPA) issued a PFAS Action Plan, which responded to extensive public interest and input the agency had received and represented the first time EPA has built a multi-media, multi-program, national communication and research plan to address an emerging environmental challenge like PFAS. This Plan was updated on February 26, 2020. EPA's Action Plan identified both short-term solutions for addressing these chemicals and long-term strategies that may provide the tools and technologies states, tribes, and local communities requested to provide clean and safe drinking water to their residents and to address PFAS at the source before it gets into the water. The designation of PFOA and PFOS as CERCLA hazardous substances was one of several actions mentioned in the PFAS Action Plan. EPA is undertaking a rulemaking effort to designate PFOA and PFOS as CERCLA hazardous substances. Designating PFOA and PFOS as CERCLA hazardous substances will require reporting of releases of PFOA and PFOS that meet or exceed the reportable quantity assigned to these substances. This will enable Federal, State Tribal, and local authorities to collect information regarding the location and extent of releases.
                        • NPRM: June 2022
                        • Final Rule: August 2023
                        Jake Adler
                        Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy Surface Impoundments On April 17, 2015, EPA promulgated national minimum criteria for existing and new coal combustion residuals (CCR) landfills and existing and new CCR surface impoundments. On August 21, 2018 the D.C. Circuit Court of Appeals issued its opinion in the case of Utility Solid Waste Activities Group, et al v. EPA, which vacated and remanded the provision that exempted inactive impoundments at inactive facilities from the CCR rule. The EPA is developing regulations to implement this part of the court decision for inactive CCR surface impoundments at inactive utilities, or “legacy units”. This proposal may include adding a new definition for legacy CCR surface impoundments. The EPA may also propose to require such legacy CCR surface impoundments to follow existing regulatory requirements for fugitive dust, groundwater monitoring, and closure, or other technical requirements.
                        • ANPRM: October 14, 2020
                        • NPRM: June 2023
                        • Final Rule: June 2024
                        Jake Adler

                        Select Non Rulemaking Efforts and Other Developments

                        TitleDescriptionKey DatesACWA Staff Contact
                        EPA Climate Change Strategic PlansEPA’s Climate Adaptation Action Plan is intended to accelerate and focus attention on five priority actions the Agency will take over the next four years to increase human and ecosystem resilience as the climate changes and disruptive impacts increase. ACWA and ASDWA are working with EPA on implementation planning.
                        • EPA Climate Adaptation Plan published: 10/2021
                        • EPA National Program, Regional Office, and Office of Policy Climate Adaptation Implementation Plans published: October 2022
                        Jake Adler
                        National Water Reuse Action PlanEPA is leading a multi-agency directive on water reuse and recycling across sectors including agriculture, industry, potable water, national security, and environmental restoration. In 2019, EPA consulted with states and other stakeholders to develop a draft National Water Reuse Action Plan containing proposed actions across 11 strategic objectives.

                        Because water reuse is governed at the state level, ACWA and partner state water organizations (i.e., ASDWA, GWPC, WSWC) has been identified as a "critical partner" in carrying out the plan.

                        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.
                        • Draft Plan published: September 10, 2019
                        • Comment period deadline: Dec. 16, 2019
                        • Final National Water Reuse Action Plan Issued: Feb. 27, 2020
                        • 2nd Water Reuse State Regulator Summit (ACWA, ASDWA): September 2020
                        • EPA Water Reuse Program Codified in Congress' Infrastructure Investment and Jobs Act: November 15, 2021
                        • Federal Water Reuse Interagency Working Group: established May 2022
                        • Next States-only Water Reuse Workshop: March 5 2023
                        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.
                        • Interim Final Rule: December 2016
                        • Estimated Update of Interim Rule: August, 2021
                        Jake Adler
                        Study of Oil and Gas Wastewater ManagementThe 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.
                        • Public Meeting: October 9, 2018
                        • Final Report Issued May 2020
                        • Notice of No Further Action (in ELG 15 Plan): September 2021
                        Jake Adler
                        Changes to Reporting Requirements for PFAS and to Supplier Notifications for Chemicals of Special Concern ( Community Right-to-Know Toxic Chemical Release Reporting); AND Changes to Reporting Requirements for PFAS (Community Right-to-Know Toxic Chemical Release Reporting (40 CFR 372))EPA is proposing to add all PFAS subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA) to the list of Lower Thresholds for Chemicals of Special Concern (Chemicals of Special Concern). The addition of the PFAS to the Chemicals of Special Concern list will eliminate the use of the de minimis exemption, eliminate the option to use Form A, and will limit the use of range reporting. In addition, EPA is proposing to eliminate the use of the de minimis exemption under the Supplier Notification Requirements for facilities that manufacture, or process all chemicals included on the Chemicals of Special Concern list. Chemicals of Special Concern may be found in products below de minimis levels, this is especially true for PFAS which are used at low concentrations in many products. However, because of the widespread use of PFAS and their (or their degradants) persistence in the environment even concentrations below de minimis levels can contribute significantly to environmental loading.
                        • NPRM: March 2022
                        • Final Rule: June 2022
                        • Proposal to designate PFAS as "Special Chemicals of Concern" to lower/eliminate de minimis reporting exemption: proposed 12/2022, comments due February 3, 2023
                        Jake Adler
                        Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting On September 5, 2000, in response to a petition filed under the Emergency Planning and Community Right-to-Know Act (EPCRA), EPA issued a proposed rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). EPA proposed to add this chemical category to the EPCRA toxic chemical list based on its preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has updated its hazard assessment for DINP and is proposing to add DINP as a category defined to include branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. The updated hazard assessment demonstrates that the proposed DINP category meets the EPCRA toxicity criterion because the members of the category can reasonably be anticipated to cause cancer and serious or irreversible chronic health effects in humans; specifically, developmental effects, kidney toxicity, and liver toxicity. On August 15, 2022, EPA proposed to add the DINP category to the toxic chemical list on this basis and requested comment on the updated DINP hazard assessment and associated updated economic analysis. EPA is considering the public comments received and next steps for this rulemaking.
                        • NPRM: September 2000
                        • Notice: June 14, 2005
                        • Supplemental NRPM: August 15, 2022
                        • Final Rule: May 2023
                        Jake Adler
                        New Chemicals Procedural Regulations to Reflect the 2016 Amendments to the Toxic Substances Control Act (TSCA) On June 22, 2016, the Lautenberg amendments to the Toxic Substances Control Act (TSCA) were signed into law and impacted how EPA reviews and makes determinations on new chemical notices under TSCA section 5. As a result of these increased responsibilities, it has become more challenging for EPA to complete reviews within 90 days. This rulemaking seeks to revise the new chemicals procedural regulations in 40 CFR part 720 to improve the efficiency of EPA’s review process and to align its processes and procedures with the new statutory requirements. This rulemaking seeks to increase the quality of information initially submitted in new chemicals notices and improve the Agency’s processes to reduce unnecessary rework in the risk assessment and, ultimately, the length of time that new chemicals are under review.
                        • NPRM: September 2022
                        • Final Rule: TBD
                        Jake Adler
                        Procedures for Chemical Risk Evaluation Under the Amended Toxic Substances Control Act Per S. 6(b)(4) of the TSCA, EPA published a final rule on July 20, 2017, that established a process for conducting chemical risk evaluations. This process incorporates the science requirements of the amended statute, including best available science and weight of the scientific evidence. The final rule established the steps of a risk evaluation process including: scope, hazard assessment, exposure assessment, risk characterization, and risk determination. The Agency is now in the process of reconsidering that final rule in keeping with new executive orders concerning the advancement of racial equity and support for underserved communities through the Federal government (EO 13985), the protection of public health and the environment and restoring science to tackle the climate crisis (EO 13990), tackling the climate crisis at home and abroad (EO 14008), and other Administration priorities (such as the Presidential memorandum on restoring trust in government through scientific integrity and evidence-based policymaking). If EPA determines to amend the 2017 final rule, EPA will solicit public comment through a NPRM.
                        • NPRM: May 2023
                        • Final Rule: TBD
                        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.
                        • ANPRM: May, 2021
                        • Withdrawn with Vacatur of "Strengthening Transparency in Regulatory Science Rule" on June 2, 2021
                        Jake Adler
                        Strengthening Transparency in Regulatory ScienceThis 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.
                        • Proposal published: April 30, 2018
                        • Comments Due: August 16, 2018
                        • Final Rule: Jan. 6, 2021
                        • *Rule Vacated*: Feb 5, 2021
                        • Final Vacatur Rule: June 2, 2021
                        Jake Adler
                        Oil and Gas Extraction and Centralized Waste Treatment Point Source Categories (Expansion of Discharges From CWT Facilities) EPA Region 6 proposed 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.

                        As of June 2021, EPA has decided not to pursue the rulemaking for expansion categories of oil and gas extraction discharges from Centralized Waste Treatment (CWT) facilities and from Publicly Owned Treatment Works (POTWs). In the future, the Agency may assess whether an update to the centralized waste treatment point source categories is necessary. As such, EPA has determined to withdraw this CWT expansion categories rulemaking. Withdrawing this action does not preclude the EPA from pursuing a similar rule in the future.
                        • Notice: December, 2020
                        • Withdrawn: March, 2021
                        Jake Adler
                        EPA Office of Research and Development (ORD) Hydraulic Fracturing StudyEPA 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.
                        • Progress Report: Dec. 21, 2012
                        • Draft Report: June 4, 2015
                        • Final Report Issued: Dec 2016
                        Jasper Hobbs

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