July 2023

Federal:

• U.S. Senators Ron Wyden, D-Ore., and Jeff Merkley reintroduced the Water for Conservation and Farming Act to help communities in Oregon and across the West suffering from ongoing drought. Their bill will improve water access for agriculture and conservation by funding projects that improve dam safety, create more resilient watersheds and benefit agricultural and urban water users.  Read more.
• Federal legislation was introduced that would create a consistent national requirement for disposal of non-flushable wipes, titled the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act. This bipartisan bill was introduced in a coordinated effort across the U.S. House and Senate, led by Senators Merkley (D-OR) and Collins (R-ME) and Representatives McClain (R-MI) and Peltola (D-AK). The bill is supported by NACWA, the California Association of Sanitation Agencies (CASA), the Association of the Nonwoven Fabrics Industry (INDA), and others. Building on the proliferation of state bills described below, NACWA is hopeful the WIPPES Act can gain more traction this year.

Idaho

• DEQ announces public comment period for Implementation Guidance for Idaho’s Human Health Criteria for Arsenic. Accepting comments from June 23, 2023, through July 24, 2023. https://www.deq.idaho.gov/water-quality-docket-no-58-0102-2201/

Oregon

• Democratic leaders in the Legislature have announced they’d allocate $110 million to confront Oregon’s drought and water security issues for the next two years.  A bipartisan package prepared by House members has cleared the joint committee on Ways and Means and proceeds to the State Senate. Read more.
• DEQ is proposing rule amendments to Chapter 340 of the Oregon Administrative Rules to increase water quality fees in 2023 for fiscal year 2024 provided in ORS 468B.051. These fees apply to National Pollutant Discharge Elimination System permits and Water Pollution Control Facility permits. DEQ will only consider comments on the proposed rules that DEQ receives by 4 p.m., on July 21, 2023. More information on this rulemaking, including the draft rules, can be found on the Water Quality Fees Rulemaking Home Page.

PFAS

• In case you missed it! EPA has taken the following actions on PFAS in the last three months:
  • EPA is seeking input on whether to propose to designate additional PFAS, including HFPO-DA, sometimes called GenX, and compounds that degrade in the environment by processes such as biodegradation, photolysis, and hydrolysis, to form certain PFAS. EPA is also seeking information on whether some PFAS compounds can or should be designated as a group or category.  A Federal Register Notice has been published in the Federal Register at docket EPA-HQ-OLEM-2022-0922 and can be viewed on www.regulations.gov. The ANPRM will be open for a 60-day comment period through June 12, 2023.    
  • In April 2023, EPA issued an Advance Notice of Proposed Rulemaking (ANPRM) asking the public for input regarding potential future hazardous substance designations of PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.  This request for input and information follows EPA’s September 2022 proposed rule to designate two PFAS — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers — as hazardous substances under CERCLA. Learn more about the advance notice.