FDEP will hold its third workshop on improvements to the statewide stormwater design criteria on November 3, 2022. Discharges from projects that are constructed in a manner that is consistent with the design criteria are presumed to comply with water quality standards, although studies completed in 2007 found that the criteria used at that time did not fulfill that goal. Attempts were initiated at that time to update the criteria but were abandoned in early 2010. Other documents related to the update of statewide stormwater regulations can be found on FDEP’s Clean Waterways Act webpage. The current effort is in response to legislation that passed in 2020. FSA’s comments on the rulemaking are available on FSA’s Advocacy Page. Members are encouraged to monitor this process and provide comments to the proposed rule updates. Comments or questions concerning the proposed criteria should be directed to [email protected].

WOTUS Update

EPA’s proposed new set of WOTUS definitions were sent to the White House Office of Management and Budget (OMB) for review on September 12, 2022. OMB review is the last step before releasing a rule and typically takes around 90 days. Additionally, on October 3, 2022 the US Supreme Court heard oral arguments on an appeal of a decision of the Ninth Circuit Court concerning the tests used to determine whether wetlands are subject to federal jurisdiction under the CWA. Sackett v. EPA asks the Court to clarify its 2006 ruling in Rapanos v. United States regarding the conditions under which wetlands are “jurisdictional.”  A decision from SCOTUS can be expected in early 2023 and could impact EPA’s WOTUS strategy. Some watchers of SCOTUS fear that the Court will not be able to come to a clear majority decision in Sackett but will rather issue another split decision, as occurred in Rapanos. The logic of a recent SCOTUS decision limiting the ability of EPA to regulate greenhouse gasses could be applied to other regulatory policies, including those regarding the CWA. In the GHG decision, SCOTUS struck down recent EPA rules, saying that the policy had significant economic impacts on industry and Congress did not grant specific authority to EPA to adopt such regulations.

EPA to Designate PFAS Hazardous Substances

EPA is proposing to designate per- and polyfluoroalkyl substances (PFAS) and related chemicals as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The rulemaking would require entities to immediately report releases of PFAS that meet or exceed the reportable quantity (approximately one pound within a 24-hour period) to the National Response Center and appropriate state response agencies. Designating PFAS as a hazardous substance would primarily affect wastewater treatment and solid waste facilities, entities that manufacture, import or process PFAS, and those the manufacture products that contain or use PFAS. Beyond landfills and wastewater treatment operations, other examples that may be relevant to local government operations include fire departments and training centers that use certain firefighting foams, certain pesticides and insecticides, and waste management and remediation services, including biosolids. At the present time, the most significant direct impact on MS4s seems to be that designating PFAS as a hazardous substance may require street sweepings to be disposed of in a lined landfill; there does not seem to be direct impacts on MS4 general permits. For more information and to submit comments, visit EPA’s PFAS rule webpage.

Stormwater Needs Assessment Reporting

Support FSA Education – Conference Sponsorships Now Available 

Are you looking for a way to show your commitment to the stormwater community? Seeking an opportunity to share your products with Florida’s stormwater professionals? If so, show your commitment and interact with stormwater professionals as a Winter Conference exhibitor or sponsor! The Winter Conference will be held November 30 – December 2, 2022 at The B in Lake Buena Vista and is a great opportunity to promote your organization. Learn more by visiting the Conference or Sponsor pages. 

FSA 2023 Educational Events – Save the Dates! 

With the year coming to an end, many of you are asking for information on FSA’s 2023 educational events. Mark your calendars now to join us next year for FSA’s preeminent stormwater education:

• Webinars - March 9, 2023 and May 11, 2023 – Free Online Events
• Annual Conference - June 14-16, 2023 – Sanibel Harbour Marriott
• Fall Seminar - September 8, 2023 – Embassy Suites Lake Buena Vista South
• Winter Conference - November 29 – December 1, 2023 – Embassy Suites Lake Buena Vista South

Stay tuned for more details including the release of the Annual Conference Call for Presentations in November!

LAST CHANCE to Register for the November 8th Recertification Courses is Today!

Registration will close on Monday, October 31, 2022 for the Stormwater Operator Recertification Courses. FSA Stormwater Operator Certifications must be renewed every five years. The Fogarty Training Center offers Online Recertification Webinars that provide a convenient, cost-effective way to renew your certification. Register for Level 1 and/or Level 2 Recertification Courses today! 

Don't know when your certification expires? To find out you can view the Stormwater Operator Certification Renewal Date List or contact FSA. Visit the Fogarty Training Center's recertification webpage for all of the details.

Don’t Let This Be Your Last Newsletter - Renew Today 

FSA’s 2022-23 fiscal year begins November 1st. Don't let your member benefits end, renew today! After November 1st, your organization's membership will enter a temporary 30-day “Grace Period.”  Your membership will expire on November 30th and all membership benefits discontinued for your organization. Renewal information has been sent to the primary contact in your organization. If you would like to check your membership status call us at 888-221-3124 or email FSA today.

FSA Welcomes Joey McKinnon, Director of Regulatory Affairs

Join us in welcoming Joey McKinnon! McKinnon joined the FSA management team on October 1, 2022 as the Director of Regulatory Affairs. He brings experience as a political non-profit state director and leader of coalitions, budgets and political campaigns. Prior to joining FSA’s management team, McKinnon has served as a lobbyist at the Florida Legislature to advance policy for the environment and small business. McKinnon is also a licensed Professional Geologist and has worked in the environmental engineering and agricultural sectors. McKinnon can be reached at [email protected]. Reach out today to say hello as we welcome him to the team!

As McKinnon joins us, we say our final goodbye to Kurt Spitzer. After retiring as Executive Director three years ago, Spitzer has worked part-time assisting FSA with its lobbying and regulatory efforts. October 31, 2022 will be Spitzer’s last official day so please join us in wishing him all the best. His impact and contributions to FSA are immeasurable. The FSA management team will work hard each and every day to continue his legacy. In the coming months Kurt looks forward to some much-deserved rest and relaxation with his wife Vicki and close companion Jake, his yellow lab.

Invest in the Future of Stormwater Management!

Did you know that FSA’s Educational Foundation sponsors scholarships every year? Join us at the 2022 Winter Conference to see this year’s recipients. By providing these scholarships, students are encouraged and inspired to pursue careers in stormwater management.

The Foundation needs your help. These scholarships are only made possible by you, with your generous contributions. The best part is your contribution is a WIN! WIN! By donating, you not only help to further the stormwater management profession, your donation is also tax-deductible.

Individuals can give - Organizations can give – It’s tax deductible!
Donate Today!

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