Tag: wastewater

CourtWatch: EPA Sued Over Lack of Updates to Wastewater Regulations

In April 2023, a coalition of 13 environmental groups filed a lawsuit against the EPA, alleging the Agency has violated the Clean Water Act (CWA) by failing to make mandatory updates to wastewater pollution regulations for seven industry sectors. The suit asks the court to direct the EPA to review its decision to not revise […]

Clean Water Act Under Fire Again: The Legal Landscape of WOTUS

The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States (WOTUS) and regulating quality standards for surface waters.  Under the CWA, the EPA has implemented pollution control programs such as setting wastewater standards for industry. The EPA has also developed national water quality criteria […]

Environmental Groups Sue EPA to Finalize Ship Ballast Dumping Water Rules

The Center for Biological Diversity (CBD) and Friends of the Earth sued the EPA in the Northern District of California on February 6, 2023, for failing to finalize nationwide standards that would protect U.S. waterways from harmful vessel discharges. The lawsuit states the EPA is more than 2 years behind schedule to establish standards for […]

Congressional Lack of Funding Continues to Jeopardize EPA Operations

The EPA has been underfunded for years, and this year is no different. Although the Bipartisan Infrastructure Law passed by Congress provided money for the EPA to fund wastewater and clean water programs and conduct hazardous waste cleanups, Congress missed the mark in its 2022 omnibus appropriations bill to fund the EPA’s infrastructure. The “EPA […]

Wastewater Tanks

Water Infrastructure: WIFIA and the Challenges Facing Aging Systems

The EPA announced $6.5 billion in new funding for water infrastructure projects on April 27, 2021. $5.5 billion is being made available in this round of funding under the Water Infrastructure Finance and Innovation Act (WIFIA) program, with another $1 billion in funding for the state infrastructure financing authority WIFIA (SWIFIA) program.

Sewage treatment plant

Two Big Water Bills Approved by Senate Committee

On May 6, 2020, the Senate’s Environment and Public Works Committee (EPW) unanimously approved—by identical votes of 21–0—two bipartisan bills that, combined, would invest nearly $20 billion in wastewater infrastructure projects and community drinking water improvements.

EPA Affirms ‘Zero Discharge’ Rule for Unconventional O&G Facilities

After acquiring new information, the EPA has decided not to revise its June 28, 2016, Effluent Limitations Guidelines and Standards for the Oil and Gas Extraction Point Source Category. That action finalized pretreatment standards for unconventional oil and gas (UOG) facilities based in part on the Agency’s understanding that no such facilities in the country […]

Wastewater treatment, water infrastructure

SPCC and Oil/Water Separators (OWSs) at Wastewater Treatment Facilities

The EPA’s SPCC Guidance for Regional Inspectors (Guidance) notes that the applicability of the Agency’s Spill Prevention, Control, and Countermeasure (SPCC) regulations (40 CFR Part 112) to oil/water separators (OWSs) depends on the “intended use of the OWS.” One intended use that exempts an OWS from the SPCC program is wastewater treatment. The exemption means […]

CWA Discharge Dispute Headed to Supreme Court

Opposing opinions by three U.S. appeals courts (two issued by the same circuit on the same day) have led to a decision by the U.S. Supreme Court to address the core Clean Water Act (CWA) question—Is a point source discharging pollutants to navigable water via a groundwater pathway the functional equivalent of a direct discharge […]

WIFIA Update: Four Projects, $1 Billion

Drinking water and wastewater infrastructure projects are beginning to receive loans under the federal government’s 2014 Water Infrastructure Finance and Innovation Act (WIFIA), and we can expect to see additional lending in the coming year. We describe here the background and composition of WIFIA and which types of proposals appear to be receiving interest from […]