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Regulatory Affairs Archive

2011

In Meeting with Mayors, EPA Commits to Developing CWA Priority-Setting Framework (Updated Oct 28, 2011) 

HQ Memo to Regions Supports Integrated Planning to Achieve Clean Water Goals  

An October 27 Memorandum from Cynthia Giles, Assistant EPA Administrator for Enforcement and Compliance Assurance, and Nancy Stoner, Acting Assistant Administrator for Water, proclaims the support of EPA senior management for an integrated approach municipal stormwater and wastewater management.  Read more >> 

EPA Signals Delay in Release of Stormwater Rule (Updated Oct 28, 2011) 

Jim Hanlon, EPA Office of Water Director, stated at the Clean Water Policy session at WEFTEC 2011, that EPA has not finalized analyses and alternative selection for the proposed stormwater rule, which is officially due to be released on December 15, 2011. Read more >> 

WEF Board Adopts Position Statement on Renewable Energy Generation from Wastewater (Updated Oct 28, 2011) 

WEF’s Board of Trustees approved a position statement on the recovery of resources from wastewater during WEFTEC® 2011—WEF’s 84th Annual Technical Exhibition and Conference—last week in Los Angeles, CA.  Read more >> 

Water Quality Protection and Job Creation Act of 2011 Introduced by House Transportation Committee; WEF Submits Letter of Support (Updated Oct 14, 2011) 

The Water Quality Protection and Job Creation Act of 2011 (H.R. 3145) was introduced on October 11 by Reps. Tim Bishop (D-NY), top Democrat on the Water Resources and Environment Subcommittee, Nick Rahall (D-WV), top Democrat on the House Transportation and Infrastructure Committee, Tom Petri (R-WI), senior Member on the Transportation and Infrastructure Committee, and Steven C. LaTourette (R-OH). Read more >> 

WEF Supports Improved Nutrient Management Policies in Next Farm Bill (Updated Oct 14, 2011) 

WEF joined other water, agricultural and environmental organizations in the Healthy Watersheds Coalition in sending letters to Senate and House Agriculture Committee leaders containing our nutrient management recommendations for the upcoming Farm Bill reauthorization effort that is apparently being readied now at the request of the Congressional Super Committee.  Read more >> 

WEF Participates in Meeting with EPA on Permit Flexibility (Updated Oct 7, 2011) 

As noted in the September 30 TWIW, EPA’s water and enforcement national offices are starting to encourage their regional NPDES permit writers to provide municipalities flexibility in permitting by integrating wastewater and stormwater requirements and prioritizing permits for cost-effective projects (see Sept. 20 letter).  Read more >> 

Kopocis Receives Senate EPW Committee Approval as EPA AA for Water (Updated Sep 23, 2011) 

The Senate Environment and Public Works Committee approved the nomination of Ken Kopocis to be the next Assistant Administrator for Water at US EPA.  Read more >> 

Release of EPA Proposed Stormwater Rule Delayed (Updated Aug 26, 2011) 

The Chesapeake Bay Foundation (CBF) has announced that the release of the EPA proposed stormwater rule will be delayed for up to two months.  Read more >> 

EPA Withdraws Numerical Limit for Turbidity at Construction Sites (Updated Aug 19, 2011) 

The EPA has decided to withdraw a recently proposed rule on stormwater runoff from construction sites that would have updated the first numeric limit on turbidity at the federal level.  Read more >> 

EPA Establishes Panel on Perchlorate Limits (Updated Aug 19, 2011) 

EPA is in the process of establishing a small business advocacy review (SBAR) panel consistent with Federal law, which requires the formation of an SBAR for rules that may impact a significant number of small entities.  Read more >> 

EPA Denies Environmental Groups' Petition Seeking Numeric Nutrient Standards Rule (Updated Aug 5, 2011)  

EPA has denied a 2008 petition from 13 environmental organizations seeking a rule requiring states to develop numeric nutrient standards for all navigable waters in the United States.  Read more >> 

WEF Joins 29 Organizations Urging EPA to Pursue a Balanced Approach on Addressing Nutrients and Developing Numeric Nutrient Criteria (Updated Aug 5, 2011) 

On August 2, WEF joined 29 national, state and regional organizations to send a letter to EPA Administrator Lisa Jackson regarding addressing nutrients and developing numeric nutrient criteria.  Read more >> 

WEF Submits Comments on Draft Waters of the U.S. Guidance. (Updated Aug 5, 2011) 

WEF submitted comments on the Draft Guidance on Identifying Waters Protected by the Clean Water Act on July 31, 2011.  Read more >> 

WEF Prepares for Proposed Stormwater Rule and Potential Impacts by Congressional Riders (Updated Aug 5, 2011) 

WEF met with the EPA Stormwater Team in July to discuss the status of the proposed stormwater rule.   Read more >> 

WEF Continues to Support Adaptation to Climate Change for Water Infrastructure (Updated Aug 5, 2011) 

In accord with our position on “Protecting Water Resources and Infrastructure from the Impacts of Climate Change,WEF has joined 15 water and environmental organizations in a August 2 support letter for H.R. 2738. Read more >> 

EPA Issues Draft Microbial Risk Assessment Guideline for Pathogenic Microorganisms in Food and Water (Updated July 29, 2011)

EPA announced in the July 26 Federal Register a 60-day public comment period for the External Review Draft of Microbial Risk Assessment Guideline: Pathogenic Microorganisms with Focus on Food and in Water. Read more >> 

EPA Issues Final Deferral for POTW CO2 Emissions from Bioenergy and Other Biogenic Sources under Prevention of Significant Deterioration and Title V (Updated July 29, 2011)

EPA issued a  statement  on July 1, 2011 that wastewater treatment plants and other stationary sources will not have to seek greenhouse gas permits for at least three years.  Read more >> 

EPA Issues Final Guidance for Mountaintop Mining Activities in Appalachian Communities (Updated July 22, 2011)

EPA released on July 21 final guidance on Appalachian surface coal mining, designed to ensure more consistent, effective, and timely review of surface coal mining permits under the Clean Water Act and other statutes.  Read more >> 

EPA Strengthens Integrated Risk Information System Database to Protect Public Health (Updated July 15, 2011)

EPA announced on July 12 plans to improve its Integrated Risk Information System (IRIS) program as part of an ongoing effort initiated in 2009 to strengthen the program. Read more >> 

NPDES General Permit for Stormwater Discharges Associated With Construction Activity (Updated July 8, 2011)

EPA announced in the July 8 Federal Register that it has extended the expiration date for 2008 general permits for stormwater discharges associated with construction activity until February 15, 2012.  Read more >> 

EPA Announces New Federal Partnership to Improve Urban Waterways (Updated July 1, 2011)

EPA announced on June 24, a new federal partnership that will attempt to improve urban waters in overburdened and economically distressed communities by improving coordination among federal agencies. Read more >> 

EPA – Army Corps Extend Comment Period on Waters Protected by CWA Guidance  (Updated July 1, 2011)

EPA and the U.S. Army Corps of Engineers announced on June 27 that they have extended the public comment period by 30 days for the draft guidance on Identifying Waters Protected by the Clean Water Act. Read more >> 

EPA Issues Expedited Approval of Alternative Test Methods for Drinking Water Analysis and Sampling Procedures (Updated June 24, 2011)

EPA announced in the June 24 Federal Register its approval of alternative testing methods for use in measuring the levels of contaminants in drinking water and determining compliance with national primary drinking water regulations.  Read more >> 

Obama Nominates Ken Kopocis for EPA Assistant Administrator for Water (Updated June 17, 2011)

The White House announced on June 10 that Ken Kopocis, Senior Counsel on the House Committee on Transportation and Infrastructure since 2008, has been nominated to be the next EPA Assistant Administrator for the Office of Water. Read more >> 

EPA Releases Two Chemical Databases (Updated June 17, 2011)

EPA announced on June 15 the release of two databases — the Toxicity Forecaster database (ToxCastDB) and a database of chemical exposure studies ExpoCastDB (ExpoCastDB) — that scientists and the public can use to access chemical toxicity and exposure data.  Read more >> 

EPA Report - Planning for an Emergency Drinking Water Supply (Updated June 10, 2011)

EPA issued a June 2011 report – Planning for an Emergency Drinking Water Supply.  Read more >> 

31 Rules Targeted by EPA In Preliminary Regulatory Plan Review (Updated June 3, 2011)

According to a preliminary plan released on May 26, EPA intends to review 31 rules under a broad range of environmental laws to determine if the regulations are duplicative, outdated, or overly burdensome.  Read more >> 

EPA Releases Annual Beach Report (Updated June 3, 2011)

For the sixth consecutive year, in 2010, the nation’s coastal and Great Lakes beaches were open 95 percent of the time during the beach swimming season.  Read more >> 

EPA Issues Two Scientific Reports on Mountaintop Mining (Updated June 3, 2011)

EPA announced in the May 27 Federal Register two final scientific reports assessing the environmental and water quality effects of mountaintop coal mining on Appalachian streams.  Read more >> 

EPA Issues Report On Water SRF Infrastructure Stimulus Funding (Updated May 20, 2011)

According to an EPA May 2011 report - Implementation of the American Recovery & Reinvestment Act of 2009: Clean Water & Drinking Water State Revolving Fund Programs  - stimulus funds have enabled states to sign more than 3,000 assistance agreements totaling $5.6 billion for wastewater and drinking water infrastructure projects.  Read more >> 

EPA Issues Draft NPDES General Permit for Stormwater Discharges From Construction Activities (Updated April 29, 2011)

EPA announced in the April 25 Federal Register that its Regional Offices are proposing for public comment the draft National Pollutant Discharge Elimination System (NPDES) general permit for stormwater discharges from large and small construction activities. Read more >> 

EPA Publishes National U.S. Greenhouse Gas Inventory (Updated April 22, 2011)

On April 18, EPA released the 16th annual U.S. greenhouse gas inventory. The final report shows overall emissions during 2009 decreased by 6.1 percent from the previous year. Read more >>  

EPA Solicits Public Comment on Permit to Reduce Stormwater Discharges from Construction Sites (Updated April 15, 2011)

EPA announced on April 15 that it is releasing for public comment a draft permit that will help improve our nation’s waterways by regulating the discharge of stormwater from construction sites.  Read more >> 

EPA Seeks Comments on Draft Document on Identifying and Protecting Healthy Watersheds: Concepts, Assessments, and Management Approaches (Updated April 15, 2011)

EPA is seeking comments on a recently released draft technical document titled “Identifying and Protecting Healthy Watersheds: Concepts, Assessments, and Management Approaches.” Read more >> 

EPA Issues TMDL Implementation Guide To Help States in Chesapeake Bay (Updated April 8, 2011)

EPA released on March 30 guidance for the six states sharing the Chesapeake Bay watershed and a commitment to restore the estuary and detailed plans to sharply reduce nutrients and sediment over the next five years.  Read more >> 

EPA Releases Memorandum Concerning 2012 Clean Water Act Sections 303(d), 305(b) and 314 Integrated Reporting and Listing Decisions (Updated April 1, 2011)

Recently, EPA released the Clean Water Act Sections 303(d), 305 (b), and 314 integrated reporting memorandum for the 2012 reporting cycleRead more >>  

EPA Releases Coming Together for Clean Water Strategy (Updated April 1, 2011)

EPA released on March 29 Coming Together for Clean Water: EPA’s Strategy to Protect America’s Waters. Read more >> 

EPA to Open Public Comment on Proposed Standards to Protect Aquatic Ecosystems (Updated April 1, 2011)

EPA announced on March 29 that pursuant to a settlement agreement, it is proposing for public comment standards to protect billions of fish and other aquatic organisms drawn each year into cooling water systems at large power plants and factories.  Read more >> 

EPA Issues Final Rulemakings for Identification of Non-Hazardous Secondary Materials That Are Solid Waste and Sewage Sludge Incineration MACT Standard (Updated March 25, 2011)

EPA published in the March 21 Federal Register a final rule that identifies which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are solid wastes under the Resource Conservation and Recovery Act (RCRA). Read more >> 

EPA Developing Guidance on Nutrient Numeric Limits (Updated March 25, 2011)

EPA has indicated that they intend to develop a guidance document on developing water quality based pollutant discharge limits and permit conditions to reduce nutrients from industrial and publically-owned wastewater treatment plants.  Read more >> 

EPA Proposes to Defer GHG Permitting Requirements for Industries that Use Biomass (Updated March 18, 2011)

EPA announced on March 14 that it is proposing to defer, for three years, Clean Air Act permitting requirements for carbon dioxide (CO2) emissions from bioenergy and other biogenic sources. Read more >> 

EPA Accepting Comment on Stormwater TMDL Memorandum (Updated March 18, 2011)

EPA is soliciting comments on the memo released by EPA November 12, 2010 in response to stakeholder concern that input was not obtained prior to the release of the document.  Read more >> 

EPA Proposed New Unregulated Contaminant Monitoring Rule for Drinking Water; 30 Contaminants Targeted for Utility Assessment (Updated March 4, 2011)

According to a proposed rule published in the March 3 Federal Register, public water utilities would be required by EPA to monitor tap water for 28 substances, including perfluorooctanoic acid and a number of hormones, and assess for two viruses.  Read more >> 

EPA Issues Final Rulemakings for Definition of Solid Waste and Sewage Sludge Incineration MACT Standards; Will Not Reconsider Rule (Updated February 25, 2011)

On February 23, EPA promulgated pre-publication Federal Register new source performance standards and emission guidelines for sewage sludge incineration units (SSIs) located at wastewater treatment facilities designed to treat domestic sewage sludge.  Read more >> 

EPA Awards $600,000 Targeted Watershed Grant to River Network (Updated February 18, 2011)

EPA awarded $600,000 to River Network to engage communities and increase citizen connection, understanding, and stewardship of urban waterways.  Read more >> 

EPA Seeks Public Comment on Plan to Review Regulations (Updated February 18, 2011)

EPA announced on February 18 that it is inviting the public to provide input on a plan that will guide EPA’s retrospective reviews of regulations as part of the agency’s response to President Obama’s January 18, 2011 Executive Order (EO) 13563, “Improving Regulation and Regulatory Review.”  Read more >>  

EPA Announces Plans To Develop Regulations for Perchlorate, VOCs and Hexavalent Chromium in Drinking Water (Updated February 4, 2011)

EPA Administrator Lisa P. Jackson announced during testimony before the Senate Committee on Environment and Public Workson February 2 that the agency will move forward with the development of a regulation for perchlorate to protect Americans from any potential health impacts, while also continuing to take steps to ensure the quality of the water they drink. Read more >> 

U.S. District Court of Appeals for District of Columbia denies EPA 6-month extension request for SSI MACT standard final rulemaing: extends deadline by one month (Updated January 21, 2011)

The court determined that EPA did not sufficiently justify why it needed six additional months to complete the rulemaking. Read more >> 

EPA issues guidance for enhanced monitoring of hexavalent chromium in drinking water (Updated January 14, 2011)

The guidance is being issued to all water systems on how to assess the prevalence of the contaminant. Read more >> 

EPA Establishes Comprehensive Chesapeake Bay TMDL with Backstops for State Watershed Implementation Plans (Updated January 7, 2011)

Characterized by EPA as a “pollution diet” for Chesapeake Bay, this comprehensive TMDL identifies the necessary reductions of nitrogen, phosphorus and sediment from Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. Read more >> 

2010

EPA Issues Clean Water and Drinking Water Infrastructure Sustainability Policy (Updated October 15, 2010)

Water and wastewater infrastructure in the U.S. Communities across the country are facing challenges in making costly upgrades and repairs to their aging water infrastructure, which include sewer systems and treatment facilities. Read more>> 

EPA Issues Proposed MACT Standards for Sewage Sludge Incinerators; Mercury Emission Cuts Targeted (Updated October 15, 2010)

According to EPA, SSIs represent the sixth-largest source of mercury air emissions in the U.S. The proposed standards would apply to both multiple-hearth and fluidized bed incinerators. Read more >> 

EPA Proposes Rulemaking Expanding List of Approved Test Procedures for Wastewater (Updated October 1, 2010)

The rule includes new methods based upon new technologies, as well as new versions of previously EPA-accepted methods. Read more >> 

EPA Releases the National Water Program Strategy: Response to Climate Change: Key Action Update for 2010-2011 (Updated October 1, 2010)

This 2010-2011 Update describes the Key Actions that are continuing to be implemented over the next two years. Read more >> 

EPA Releases Draft Clean Water Strategy (Updated September 3, 2010)

EPA released on August 20 a drat clean water strategy plans for new rules and other initiatives to prevent water quality from degrading, better manage pollution from animal feeding operations, expand coverage of municipal stormwater permits, and promote green infrastructure. Read more >> 

EPA Issues Chesapeake Bay and Mid-Atlantic Stormwater Management (Updated August 6, 2010)

The guide outlines expectations for issuing municipal separate storm sewer system (MS4) permits “that are clear, enforceable, and consistent with applicable regulations and will contribute to meeting water quality objectives of the Clean Water Act, including waste-load allocations. Read more >> 

EPA Releases Rulemaking Guidance on Environmental Justice (Updated July 30, 2010)

The database contains environmental release and transfer data on nearly 650 chemicals and chemical categories reported to EPA by more than 21,000 industrial and other facilities. Read more >> 

EPA Issues Proposed Revisions to Total Coliform Rule for Drinking Water Systems (Updated July 16, 2010)

The proposed revisions require systems that have an indication of coliform contamination in the distribution system to assess the problem and take corrective action that may reduce cases of illnesses and deaths due to potential fecal contamination and waterborne pathogen exposure. Read more >> 

EPA Initiates Rulemaking to Address Effects of Sanitary Sewer Overflows; Listening Sessions Planned on Municipal Satellite Collection Systems and SSOs (Updated June 4, 2010)

The Agency is considering whether to propose possible modifications to the NPDES regulations, including establishing standard permit conditions for publicly owned treatment works (POTW) permits that specifically address sanitary sewer collection systems and SSOs, and clarifying the regulatory framework for applying NPDES permit conditions to municipal satellite collection systems. Read more>> 

EPA Issues Proposed Rulemaking on Identification of Non-Hazardous Secondary Materials That Are Solid Waste; Sewage Sludge Incinerators Targeted for MACT Standards – Public Hearing Scheduled (Updated, June 4, 2010)

EPA announced in the June 4 Federal Register proposed rulemaking on the identification of non-hazardous secondary materials that are solid waste (40 CFR Part 241) and it will hold a public hearing June 21 in Washington, DC on a series of proposals. Read more >> 

EPA Issues New Guidance for Concentrated Animal Feeding Operations (Updated June 4, 2010)

The guidance is designed to help owners and operators do an assessment of their feedlots and to help authorities determine whether the feedlots are in compliance with EPA rules. Read more >> 

EPA Issues New Federal Strategy for Chesapeake Bay Region (Updated May 14, 2010)

EPA also announced in the May 11 Federal Register its final federal strategy for the Chesapeake Bay, implementing the president’s Executive Order 13508. Read more >> 

EPA Releases Land Management Guidance to Reduce Water Pollution to Chesapeake Bay (Updated May 14, 2010)

The guidance is designed to provide the technical tools that will be needed to restore the bay is in response to the Chesapeake Bay Executive Order 13508 issued by President Obama in May 2009 and finalized on May 11, 2010. Read more >> 

EPA Issues Final Rule Setting Thresholds for Greenhouse Gas Permitting Requirements (Updated May 14, 2010)

EPA announced on May 13 a final rule to address greenhouse gas (GHG) emissions from the largest stationary sources, while shielding millions of small sources of GHGs from Clean Air Act permitting requirements. Read more >> 

EPA to Propose Policy for Addressing Overflows from Sanitary Sewer Systems (Updated April 23, 2010)

The new policy will look at previous proposals on the topic, and consider what has been learned since that time. Read more >> 

EPA Announces Actions to Address Chemicals of Concern, Including Phthalates (Updated January 8, 2010)

States sharing the Chesapeake Bay watershed will receive $11.2 million in fiscal 2010 for bay watershed pollution reduction efforts, double the amount granted in 2009. Read more >> 

EPA Releases Draft Ambient Water Quality Criteria for Ammonia (Updated January 8, 2010)

The EPA draft is an update of criteria last revised in 1999. EPA is soliciting scientific reviews of the draft criteria, after which it is expected to issue final recommended criteria. Read more >>