Office of Wastewater Management (OWM)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| NPDES Updates Rule Phase I | EPA finalized several updates to the NPDES regulations. Phase I included definitional updates, application requirements for vessels and pesticides, updated application forms, and revised public notice requirements to allow for web based notification. The final Phase I rule was published in the Federal Register at: https://www.federalregister.gov/documents/2019/02/12/2019-01339/national-pollutant-discharge-elimination-system-npdes-applications-and-program-updates |
| Sean Rolland |
| NPDES Updates Rule Phase II | Phase II is still early in development but could include updates related to effluent limit bases--max daily/average monthly for POTWs, reasonable potential, conflicts of interest, §401 certification, antibacksliding, and antidegradation. We do not currently expect to see the proposed updates for factsheets or objection to administratively continued permits in either phase of the rulemaking. The proposed rule was published in the Federal Register at: https://federalregister.gov/a/2016-11265 |
| Sean Rolland |
| Peak Flow Management Rule | Wet weather events (e.g., rain, snowmelt) can affect publicly owned treatment works (POTWs) operations when excess water enters the wastewater collection system. The increased wet weather flows can exceed the POTW treatment plant's capacity to provide the same type of treatment for all of the incoming wastewater. The treatment plant's secondary treatment units are the most likely to be adversely affected by wet weather because the biological systems can be damaged when too much water flows through them.In April 2018, Administrator Pruit announced the agency would be reaching out to states, local communities, and stakeholders as the EPA begins a new rulemaking process to provide certainty surrounding the use of “blending” by wastewater treatment plants. EPA plans to provide regulatory certainty with respect to the use of blending so that facilities can optimize wastewater treatment during wet weather, which will protect both water quality and public health in the communities they serve. Hereafter referred to as the peak wet weather flow management rule, EPA will be conducting robust stakeholder outreach during the months of October and November 2018. More information can be found at https://www.epa.gov/npdes/peak-flows-sewage-treatment-plants. |
| Sean Rolland |
| ELG Steam Electric Power Generation | EPA has proposed to revise the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater and bottom ash (BA) transport water. This proposal is estimated to save approximately $175 million dollars annually in pre-tax compliance costs and $137 million dollars annually in social costs. EPA also believes that participation in the voluntary incentive program would further reduce the pollutants that these steam electric facilities discharge in FGD wastewater by approximately 105 million pounds per year. Proposal can be found at: https://www.federalregister.gov/documents/2019/11/22/2019-24686/effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating-point-source |
| Sean Rolland |
| Discharges of Pollutants via a Direct Hydrologic Connection to Surface Water | On April 15, 2019, the EPA issued an Interpretive Statement on Application of Clean Water Act National Pollutant Discharge Elimination System Program to Releases of Pollutants from a Point Source to Groundwater. EPA concluded that releases of pollutants to groundwater are categorically excluded from the Act’s permitting requirements because Congress explicitly left regulation of discharges to groundwater to the states and to EPA under other statutory authorities. ACWA submitted comments response to the Interpretive Statement. On November 6, 2019, the U.S. Supreme Court held oral argument in County of Maui v. Hawaii Wildlife Fund. The case centers on the question: Whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater. EPA plans to move forward with rulemaking once a decision is reached in Maui. More information can be found here: https://www.epa.gov/npdes/releases-point-source-groundwater. |
| Patrick McGuire |
| Water Quality Trading | On September 5, 2019, EPA announced a Federal Register notice inviting the public to consider policy options presented and to submit written comments on those options and others that may help promote market-based approaches to water quality improvements. Specifically, the notice spoke on changes to TMDL baseline policy. The comment deadline has been extended to December 18, 2019. More information can be found here: https://www.epa.gov/npdes/nonpoint-source-baselines-water-quality-trading |
| Patrick McGuire |
Office of Enforcement Compliance Assurance (OECA)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| NPDES Electronic Reporting Rule – Phase 2 Extension | EPA published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule (NPDES eRule) on 22 October 2015. This rule requires EPA and states to modernize Clean Water Act (CWA) reporting for municipalities, industries and other facilities. EPA is proposing to extend the Phase 2 deadline from December 21, 2020, to December 21, 2023 so EPA and states can build most if not all the necessary electronic reporting tools and systems before the new proposed deadline. To address specific cases where even more time is needed to implement Phase 2 of the NPDES eRule, EPA is also proposing a new electronic reporting waiver option for states. These proposed changes will address questions raised by states during implementation of the NPDES eRule. Original Rule: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule |
| Sean Rolland |
Office of Wetlands, Oceans and Watersheds (OWOW)
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| 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 will likely be released in January 2020. More information is available here: https://www.epa.gov/wotus-rule/wotus-step-two-revise. |
| Patrick McGuire |
| “Waters of the United States” – Recodification of Pre-existing Rules (aka "Step 1" Rule) | On October 22, 2019, the Environmental Protection Agency and Department of the Army (the agencies) published a final rule (“Step One”) to repeal the 2015 Rule defining “waters of the United States” and re-codify the regulatory text that existed prior to the 2015 Rule. The final rule will become effective on December 23, 2019. With this final rule, the agencies will implement the pre-2015 Rule regulations as informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. More information is available here: https://www.epa.gov/wotus-rule/wotus-step-one-repeal. |
| Patrick McGuire |
| 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. |
| Patrick McGuire |
| 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. |
| Patrick McGuire |
| 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. More information can be found here: https://www.epa.gov/cwa-401/updating-regulations-water-quality-certification. |
| Patrick McGuire |
Office of Science and Technology
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| Updated Aluminum Criteria | EPA requested scientific view 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 not defined a target publishing date. |
| 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 |
| Clean Water Act Methods Update Rule for the Analysis of Effluent | EPA proposed a rule to amend "Guidelines Establishing Test Procedures for the Analysis of Pollutants" at 40 CFR part 136 to approve test procedures (analytical methods) for use by testing laboratories and others for water monitoring. The regulation would also revise, clarify, and correct errors and ambiguities in existing methods and the water monitoring regulations. |
| Jake Adler and Sean Rolland |
| Effluent Limitation Guidelines #14 | On October 18, EPA issued Preliminary Effluent Guidelines Program Plan 14. Preliminary Plan 14 discusses the ongoing rulemaking and associated schedule for the Steam Electric Power Generating Category. EPA has concluded that no additional categories warrant new or revised effluent guideline regulations at this time. Preliminary Plan 14 provides updates on ongoing industrial category studies: Electrical and Electronic Components Category Detailed Study, Oil and Gas Extraction Wastewater Management Study, and the Petroleum Refining Category Detailed Study. Other ongoing analyses discussed in Preliminary Plan 14 include an analysis and ranking of nutrient discharges in industrial discharges, and an analysis of available data on industrial sources and discharges of per- and polyfluoroalkyl substances (PFAS). These efforts aim to identify the extent to which these pollutants are discharged from industrial point sources. More information can be found here: https://www.epa.gov/eg/preliminary-effluent-guidelines-program-plan-14. |
| Patrick McGuire |
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. More information can be found here: https://www.epa.gov/ground-water-and-drinking-water/proposed-revisions-lead-and-copper-rule. |
| Patrick McGuire |
Select Non Rulemaking Efforts and Other Developments
| Title | Description | Key Dates | ACWA Staff Contact |
|---|---|---|---|
| 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. |
| Patrick McGuire |
| 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 greater 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 46 proposed actions across 10 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. 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. It is expected that there will be a new draft in the late 2019 or early 2020. |
| Jasper Hobbs |
| 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 |
