2026-01-28_BPA-PWS_Water_Division_Draft_1.pdf

United States Environmental Protection Agency

Performance Work Statement (PWS)

For

EPA Region 9’s Water Programs Environmental Consulting Services

January 28, 2026

DRAFT

1.0 INTRODUCTION

1.1 Background: EPA Region 9’s Water Division (Water Division) is currently seeking consultant services to support the Division with implementation of its core water programs and related key priorities including Pillar 1, Clean Air, Land and Water for Every American, and Pillar 3, Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership, as detailed in the Administrator’s Powering the Great American Comeback Initiative. These core water programs fall under the following legislative authorities:

• Clean Water Act (CWA): Under the authority of the Clean Water Act (CWA), including the amendments of 1987, EPA is charged with protecting the surface water quality within the United States. The CWA employs a variety of regulatory and non-regulatory tools to protect and manage watersheds (including wetlands, dredging and sediment management) in order to reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff. These tools are employed to achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters so that they can support "the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water."

EPA has established core programs to implement the CWA including the:

1) total maximum daily loads program (TMDL); 2) NPDES permit program for point sources; 3) water quality standards program; 4) Section 319 program for non-point source; 5) section 404 wetlands regulatory program; and 6) monitoring program. Region 9’s Water Division is responsible for overseeing the implementation of these core programs within Arizona, Nevada, Hawaii, California, including tribal lands within these states, as well as the Pacific Island Territories.

The national Clean Water State Revolving Fund (CWSRF) was established by the 1987 amendments to the Clean Water Act (CWA) as a financial assistance program for a wide range of water infrastructure projects, under 33 U.S. Code §1383. The program provides states with the flexibility to fund a range of projects that address their highest priority water quality needs. The program was amended in 2014 by the Water Resources Reform and Development Act. The State CWSRF program supports:

o municipal wastewater facilities construction, o nonpoint sources of pollution control, o decentralized wastewater treatment systems building, o green infrastructure projects creation, and o estuary protection.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1383&num=0&edition=prelim

• Safe Drinking Water Act (SDWA): The SDWA mandates that the EPA establish national drinking water standards for public water systems to ensure drinking water is safe and that surface and underground sources of drinking water are protected. These standards are implemented through the Public Water Supply Supervision (PWSS) program along with the set-asides under the Drinking Water State Revolving Fund program (DWSRF). The SDWA also requires EPA to establish and implement regulations for the Underground Injection Control (UIC) program to safeguard underground sources of drinking water. Additionally, for tribal lands or states that have not assumed primacy for implementation of the PWSS or UIC programs, EPA must take on the responsibility for implementing these programs. The term “Direct Implementation” or “DI” refers to federal government directly implementing an environmental statute. In Region 9, with federal SDWA jurisdiction over several hundred federally recognized tribes, no tribe, except the Navajo Nation, has assumed any of the primacy authority for the SDWA.

The national Drinking Water State Revolving Fund (DWSRF) program, which was established by the Safe Drinking Water Act (SDWA) Amendments of 1996, authorizes EPA to award capitalization grants to States, which in turn may provide low-cost loans and other types of assistance to eligible public water systems to finance the costs of infrastructure projects needed to achieve or maintain compliance with SDWA requirements. States are also authorized to set aside a portion of their capitalization grants to fund a range of activities including source water protection, capacity development, and operator certification. The DWSRF program supports:

o drinking water treatment improvement o fixing of leaky or old pipes (water distribution) o source of water supply improvement o replacement or construction of finished water storage tanks; and o other infrastructure projects needed to protect public health.

• Pacific Island Territories Drinking and Wastewater Infrastructure Project Management and Oversight: Under the authority of Title 2 DC 319 (from Title VI funds) of the Clean Water Act, Title IV of the 1996 Amendments to the Safe Drinking Water Act, CFR Part 35, Subpart I “Grants for Construction of Treatment Works” and the Omnibus Territories Act, EPA provides funding for and oversight of water and wastewater infrastructure projects. Additionally, through interagency agreements with the Department of Defense, EPA provides technical advising and support for the development, design and construction of infrastructure projects in the Territories.

• Marine Protection Research and Sanctuaries Act (MPRSA): Under the MPRSA, including the amendments through 1988 (Ocean Dumping Ban Act), EPA is charged with protecting US ocean waters. The basic objectives of the EPA MPRSA program are to “prevent or strictly limit the dumping into ocean waters of any material that would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities.” Dredged material is jointly managed by the EPA and the US Army Corps of Engineers (USACE), such that the Secretary of the Army is authorized to issue permits for dredged material disposal and EPA is authorized to concur in writing on all USACE dredged material permits as well as to designate and manage appropriate ocean disposal sites. EPA also issues General Permits, Research Permits, and Special Permits for ocean disposal of specified materials.

National Environmental Policy Act of 1969 (NEPA) EPA’s basic compliance requirements are contained in the National Environmental Policy Act of 1969 42 U.S.C. 4321, as amended.

EPA’s NEPA Compliance responsibilities include the “cross-cutter” statutes, i.e., Endangered Species Act, National Historic Preservation Act and Executive Orders on wetlands, floodplains and farmland. The contractor shall prepare or review assessments, studies and methodologies and Standard Operating Procedures, including but not limited to: environmental impact statements (EISs) or portions thereof, environmental assessments (EAs), documents addressing cross-cutting environmental statutes (such as the Endangered Species Act and the National Historic Preservation Act) to be used by EPA in issuing a National Environmental Policy Act (NEPA) determination.

1.2 Purpose: The purpose of this Performance Work Statement (PWS) is to provide the Water Division with technical and support services through a contractor to implement task orders to support the CWA, SDWA and MPRSA core programs and NEPA. These services will also be available to the states, tribes, and territories within Region 9 responsible for implementing the core water programs.

2.0 PERFORMANCE WORK STATEMENT ACTIVITIES

The contractor shall provide core water program and NEPA-related support services under each activity section of this PWS.

MODULE 1 CLEAN WATER ACT

2.1 Total Maximum Daily Load (TMDL) Program: Section 303(d) of the CWA requires states, tribes, and territories to develop lists of waters that do not meet water quality standards, even after point sources of pollution have installed the minimum required levels of pollution control technology. The CWA also requires that states, tribes and territories develop TMDLs for waters on the section 303(d) lists.

2.1.1 Section 303(d) List Development Support: Current EPA regulations specify that 303(d) lists be developed every 2 years in even numbered years. EPA guidance further suggests that states, tribes, and territories consolidate the section 303(d) listing process with the preparation of the section 305(b) report in an Integrated Report format. Under this task, the contractor will assist EPA Region 9 in providing support in the development of its section 303(d) list and/or other tasks associated with producing the statewide Integrated Report. Contractor support shall include the following:

• Assist in the compilation of all readily available data, especially those not collected by states, tribes and territories;

• Collect new data as necessary to support assessments of individual waters, including sampling or other field work as necessary;

• Provide lab analysis of field samples;

• Provide recommendations of the “representativeness” of water quality as needed;

• Review and provide recommendations regarding the methodology by which available data are compared to water quality standards to determine compliance;

• Perform assessments of water quality data, comparing available data to water quality standards and designated uses to make use support determinations;

• Provide support in responding to public comments on the draft section 303(d) list and/or EPA decisions concerning 303(d) lists;

• Assist EPA Region 9 by providing support for states, tribes, and territories’ creation, compilation and/or submission of Integrated Report Data or supporting data, including data intended for submission to EPA’s National Databases such as ADB and ATTAINS or subsequent systems;

• Assist EPA by providing support for states, territories and/or tribes in the creation, compilation, production and/or submission of GIS data associated with an Integrated Report or the assessments that support it; and

• Assist EPA by providing support for states, territories and/or tribes in the tracking and submission of data associated with EPA indicator, strategic and program performance measures.

2.1.2 TMDL Development Support: The Contractor will provide technical support for the development of TMDLs and alternative restoration approaches which will improve water quality, enable waterbodies to attain water quality standards, and/or maintain high quality waters or attaining waters. This item provides contractor support for the TMDL program’s activities to address water quality issues via TMDLs and planning activities by EPA and/ or states, tribes or territories. The contractor will provide support to EPA as directed by the EPA OCR, providing technical support of projects by EPA, states, tribes, or territories. This task supports the work described above and includes the following types of activities to accomplish the work:

• Writing Quality Assurance Project Plans for TMDL development to be done under the contract.

• Performing literature reviews to support TMDL development, the TMDL project, determine approaches, for more specific information on pollutants or groups of pollutants, support of modeling tasks, etc.

in service of the TMDL.

• Gathering new data through field work, sampling, lab analyses or other means;

• Identifying candidate analytical methods for designated use characterization, establishment of numeric targets, assessment of existing conditions, source analysis, analytical linkages between elements, estimation of loading capacity and TMDLs and allocation of loads or actions needed to address key sources;

• Completing assessment, analysis, and modeling efforts to establish draft TMDLs, including the development of monitoring protocols to be used to evaluate TMDL effectiveness and TMDL implementation options and plans. Support EPA Region 9 in outreach to and coordination with public and private stakeholders to obtain needed information and build support for TMDLs and implementation plans;

• Supporting EPA Region 9’s evaluations of Habitat Conservation Plans, Superfund assessments, and/or other assessment and planning efforts for the purpose of facilitating TMDL development;

• Supporting EPA Region 9’s efforts to develop plans, analysis or monitoring projects as required under TMDL lawsuit settlements or to support other goals.

• Supporting of alternative technical approaches for addressing water quality impairments, including 4b (regulatory alternative to a TMDL).

Supporting ARP’s (Advance Restoration Plans). Maintaining water quality through data gathering, data analysis, and creation of reports and other documentation;

• Supporting data compilation, data entry, data submission and/or transfer of TMDL data or other related data for entry into EPA national databases (e.g. ATTAINS, WQX, etc.) or other entities that provide data to EPA: and

• Assisting EPA with the management of a large volume of hard copy and electronic records received from the regulated community in accordance with EPA’s storage and retrieval systems and Federal records management statutes, including 44 USC Chapter 29 §2901 and §2902, 44 USC Chapter 31, 44 USC Chapter 33, 18 USC Chapter 101, and CFR Chapter 12 Subchapter B. The contractor shall assist EPA in developing and maintaining effective records management system to ensure that all necessary information and documentation can be easily and rapidly accessed. The contractor shall provide support to EPA in accessing all documentation to support responding to Congressional and Freedom of Information Act requests, and to prepare for various kinds of litigation, enforcement, audits, and regulatory activities.

2.1.3 Watershed Planning, Integrated Planning, Water Reuse, and TMDL

Implementation Plans: EPA is working with state, federal and local partners to improve the restoration of impaired water quality and integration of water management strategies through the implementation of TMDLs, watershed plans, water recycling plans, integrated water planning, and other appropriate frameworks. These efforts will advance the restoration of impaired waters, as well as the protection of high-quality waters. The Contractor shall provide technical assistance in:

• Producing watershed plans that meet the nine key elements of watershed planning as identified in the EPA Handbook for Developing Watershed Plans to Restore and Protect our Waters (https://www.epa.gov/nps/handbook-developing-watershed-plans-restore-and-protect-our-waters);

• Providing training for EPA, or at EPA’s direction for the implementation community to advance watershed management to restore impaired waters and protect high quality waters;

• Conducting institutional and community assessments to facilitate TMDL, watershed, recycling, and integrated water management plans, including techniques to advance the promotion of Low Impact Development (LID), green infrastructure, water use efficiency, water recycling, “one water” planning strategies, and the development of model codes and ordinances;

DRAFT

https://www.epa.gov/nps/handbook-developing-watershed-plans-restore-and-protect-our-waters https://www.epa.gov/nps/handbook-developing-watershed-plans-restore-and-protect-our-waters

• Developing TMDL implementation plans, integrated water management strategies, water reuse plans and strategies, and decision tools to support cost effective implementation. Decision and planning tools could include evaluation of integrated water management and recycling needs and opportunities, modeling to assist with BMP selection, tracking TMDL implementation and assessing progress to document water quality results; and

• Assessing progress to document water quality results including support for EPA performance measures.

2.2 NPDES Permit Program: The CWA makes it illegal to discharge pollutants from a point source to the waters of the United States without a permit. Section 402 of the Act creates the National Pollutant Discharge Elimination System (NPDES) regulatory program. Point sources must obtain a discharge permit from the proper authority, including states, tribes, and territories.

2.2.1 NPDES Permit Development Support: The contractor shall provide technical assistance in developing permits for point source dischargers within EPA Region 9. Under this task, it is anticipated that draft individual permits, selected permit components, and/or standardized NPDES permit language will be prepared. Specific permit assistance will be identified to the contractor by a technical directive by EPA, along with applicable

NPDES permit number. Assistance shall include, but is not limited to specialized technical assistance, such as impacts evaluation of cooling water intake structures, mixing zone studies or reviews, reasonable potential analyses, or antidegradation analyses. The contractor shall provide technical and policy evaluations for specific NPDES permits or for issues that are relevant to many NPDES permits. This shall include preparation of Biological Evaluations or Biological Assessments of EPA-issued NPDES permits to assist EPA in meeting ESA consultation requirements, or evaluations of the potential effects of State-issued permits on federally listed threatened or endangered species to assist

EPA in implementing its ESA Memorandum of Understanding (MOU) with the United States Fish and Wildlife Service and National Marine Fisheries

Service.

The contractor shall provide the following services:

• Review data that has been provided by EPA Region 9, the states, tribes, territories, and/or the discharger as part of the permit application process;

• Identify, collect, and review any additional background data for each facility to be permitted and the affected receiving water needed to properly evaluate the need for permit limitations and conditions;

• Perform compliance inspections at the facilities to be permitted in accordance with the requirements described in Task 2.3 below;

• Prepare a draft permit or permit components and supporting documentation for each facility assigned. These draft documents will be provided to EPA Region 9, and other appropriate parties for review and comment. The contractor shall be required to incorporate comments provided by EPA and other appropriate parties on the draft permit and supporting documentation and provide a final draft of each to EPA; and

• Evaluate the need for pretreatment programs at publicly owned treatment works (POTWs), as well as review and evaluate the efforts and documents by POTWs in developing specific pretreatment programs.

2.2.2 NPDES Permit Oversight Support: The contractor shall provide technical assistance for EPA’s oversight of a state NPDES permitting programs within EPA Region 9. Under this task, it is anticipated that evaluations of state-drafted permits, preparation and delivery of permit training classes, and preparation of technical guidance documents shall be prepared.

Specific permit assistance will be identified to the contractor by a technical directive by EPA, along with applicable NPDES permit number(s). Assistance shall include specialized technical assistance, such as evaluation of dilution allowances, water quality-based control requirements, wasteload allocations, resource recovery, reuse strategies, and control feasibility analyses. The contractor shall be asked to provide technical and policy evaluations for specific NPDES permits or for issues that are relevant to many NPDES permits. The contractor shall be asked to develop and deliver training classes or other outreach materials to support development of state and tribal permitting capacity.

2.2.3 NPDES Permit Implementation Support: The contractor shall provide technical assistance for EPA’s efforts to assist permittees in developing implementation strategies for NPDES permit requirements. Under this task, it is anticipated that evaluations of wastewater and stormwater system capacity and infrastructure limitations and renewal opportunities, including recycling opportunities, will be prepared. The contractor shall be asked to provide technical assistance to individual or groups of NPDES dischargers to evaluate treatment technologies, models and methods for planning controls, low-impact development implementation opportunities and methods, asset management planning approaches, water recycling and resource recovery strategies, and adaptation approaches. The contractor shall be asked to prepare and deliver training classes and/or technical guidance documents to assist permittees in properly implementing NPDES permit requirements. Specific permit assistance will be identified to the contractor by a technical directive by EPA, along with applicable NPDES permit number(s).

2.3 NPDES Compliance Program

2.3.1 Integrated Compliance Information System (ICIS) NPDES Data Collection and Data Entry: The contractor shall provide technical support to EPA Region 9 in the collection and entry of NPDES permit tracking data via the ICIS-NPDES. At the direction of EPA, the contractor shall compile required data elements and otherwise support state and EPA efforts to ensure effective management of NPDES permit data in ICIS-NPDES.

2.3.2 NPDES Compliance Inspections: The contractor shall assist in performance of NPDES compliance audits and inspections, such as stormwater, pretreatment, permitted major and minor facilities, and concentrated animal feeding operations (CAFOs). These audits and inspections must conform to the procedures and policies of EPA Region 9, as well as the states, tribes, and/or territories applicable administrative procedures for performing compliance inspections. Compliance inspections shall be conducted side-by-side with EPA and/or state staff.

At the completion of each audit and inspection, the contractor shall prepare a report summarizing the results, including all the data and information collected during the visit and checklists used on-site. The report will also provide recommendations related to additional pollution controls, including revised permit conditions, that are needed to comply with applicable permit requirements and applicable water quality standards. The specific facilities for which inspections will be performed by the contractor will be identified by technical directive by the EPA Contracting Officer Representative (COR), along with applicable NPDES permit number.

2.3.3 Compliance Program Assessment Support: The contractor shall provide technical assistance to EPA Region 9 by evaluating the compliance inspection protocols and procedures utilized by the states, tribes, and/or territories. The contractor shall evaluate the results of state-conducted compliance inspections and audits for consistency with EPA requirements. This technical support shall include participation in periodic meetings held by EPA and the states, tribes, and/or territories.

2.3.4 Compliance Activity Tracking: The contractor shall, with training and access provided by EPA, enter completed compliance activities into ICIS, EPA’s compliance activity tracking database.

2.3.5 Case Development Support: The contractor shall support EPA’s development of enforcement actions by providing expert testimony where applicable, conducting case-specific research or investigation, and subcontract such resources as necessary to support case development.

2.4 Water Quality Standards Program: Water quality standards (WQS) describe the uses for which surface waters of the United States are to be protected, and the chemical, physical and biological conditions (criteria) that must be met to support those uses. WQS provide the basis for NPDES permits, TMDLs, and other water quality management programs and tools.

2.4.1 Water Quality Standards Technical Support: The contractor shall provide technical support to the states, tribes, and territories in Region 9 for the development of water quality standards and revisions thereto, and hall provide technical support to EPA for the review of such standards and revisions. Assigned work shall include:

• Developing or evaluating water quality criteria on state-wide or site-specific basis;

• Conducting analyses to determine if a designated use can be attained, if a variance is warranted, or if degradation of high-quality water is warranted;

• Technical support of EPA review of Use Attainability Analyses (UAA);

• Performing economic analyses of proposed WQS;

• Developing scientifically defensible analytical or criteria derivation methodologies;

• Evaluating the potential effects of WQS actions on federally listed, threatened, and endangered species and preparing Biological Evaluations of such actions for compliance with the ESA;

• Monitoring water quality (this may include biomonitoring);

• Performing literature searches;

• Analyzing data;

• Preparing technical evaluations of state, tribal and territorial WQS submissions to EPA;

• Providing training for WQS development;

• Assisting EPA with the management of a large volume of hard copy and electronic records received from the regulated community in accordance with EPA’s storage and retrieval systems and Federal records management statutes, including 44 USC Chapter 29 §2901 and §2902, 44 USC Chapter 31, 44 USC Chapter 33, 18 USC Chapter

101, and CFR Chapter 12 Subchapter B. The contractor shall assist EPA in developing and maintaining effective records management system to ensure that all necessary information and documentation can be easily and rapidly accessed. The contractor shall provide support to EPA in accessing all documentation to answer Congressional and Freedom of Information Act requests, and to prepare for various kinds of litigation, enforcement, audits, and regulatory activities.

2.5 Water Quality Monitoring: Ambient water quality monitoring in surface waters, (e.g., rivers, streams, coastal waters, and oceans) supports decisions in many CWA programs. The contractor shall provide technical assistance to EPA Region 9 to ensure usable data and data assessments result from water quality monitoring programs.

2.5.1 Development of State Strategies: The contractor shall provide technical support to EPA Region 9, states, tribes (including interstate and intertribal agencies), and territories in the development of a monitoring strategy to ensure that water quality is comprehensively measured to protect beneficial uses, and to evaluate protection and restoration efforts.

2.5.2 Monitoring Design: The contractor shall assist in the preparation and implementation of monitoring designs that maximize EPA and the states, tribes, and/or territories abilities to meet monitoring objectives with existing resources. The contractor shall also provide technical assistance in developing and implementing a set of monitoring indicators (and assessment thresholds), which can be used to track the status and/or trends of water quality and to evaluate the effectiveness of management actions to improve water quality within EPA Region 9. The contractor shall also be asked to develop appropriate indices of biological integrity and indices for assessment of biological communities for different waterbody types, basins, ecoregions, and/or other geographic scopes.

2.5.3 Monitoring Sampling Training: The contractor shall assist in the field and/or virtual training and demonstration of water quality monitoring equipment for state, tribal, and territory surface water and groundwater monitoring programs. This includes demonstration of calibration, maintenance of equipment, and data retrieval and storage from variety of devices including but not limited to sondes, probes, meters, and data loggers. Training shall be recorded and available for future use by states, tribes, and territories.

2.5.4 Quality Assurance and Data Management: The contractor shall provide technical assistance in developing quality control procedures and activities which produce data of high quality which is defensible, credible and which meets applicable state, tribe, territory, intertribal, or interstate agency’s quality management plans. The contractor’s assistance to EPA, states, tribes, and territories shall also extend to data management to assure that all ambient monitoring data will be stored, checked for quality assurance, and is comparable in all applicable databases. The contractor shall provide training and tools to facilitate appropriate data management.

The contractor shall provide in person/virtual technical assistance in the submission of state, tribal, and territory water quality data into the Water Quality Exchange database. This may include: formatting data, creating custom import configurations for WQX, and WQX error resolution. When feasible, technical assistance shall be recorded and available for future use by states, tribes and territories.

2.5.5 Data Analysis, Assessment, and Reporting: The contractor shall provide technical assistance to EPA, states, tribes, and territories to ensure that data analysis and assessment is completed within a consistent science-based framework relative to states, tribes and territories standards, the protection of beneficial uses, and for tracking the effectiveness of management actions. Data analysis and assessment activities include:

• Development of a method for assessing standards attainment for 303(d) listing purposes; and

• Development of guidance to assist in 303(d)/305(b) assessments, consistent with the 303(d) listing policy.

• Supporting tribal development of water quality assessment reports consistent with National Tribal CWA 106 Guidance.

The contractor shall provide assistance to states, tribes, and territories to facilitate entry of data assessment data into the assessment database to assist EPA with reporting of data in a timely and publicly accessible manner (brochures, fact sheets, report cards, oral presentations, and the Internet).

2.5.6 Programmatic Evaluation: The contractor shall provide assistance to EPA Region 9, states, tribes, and territories in conducting periodic reviews of all aspects of their monitoring programs to determine its scientific validity, if it is being implemented as designed, and how well it serves the water quality decision needs of EPA Region 9, states, tribes, and territories.

2.5.7 Geographic Information Support (GIS) Support: The contractor shall provide GIS assistance and support in assessing water quality at different scales as needed.

2.6 Nonpoint Source Control Program (NPS): EPA Region 9 activities to address nonpoint source pollution include technical assistance, financial assistance, education, training, technology transfer, demonstration projects, monitoring, and oversight of state and tribal programs. Under the Clean Water Act Section 319, EPA provides grants to states, tribes, and territories to implement federally approved Nonpoint Source Management Programs. The contractor shall provide the following support services, as necessary:

2.6.1 NPS Program Development and Implementation Support: The NPS program support activities may include:

• Development of program implementation plans and strategies;

• Development of program and project performance measures;

• Development of watershed-based plans;

• Assessment of NPS program effectiveness, including determination of enforceable policies and mechanisms that are in place for the control of sources of nonpoint pollution and the evaluation of management measures and practices;

• Preparation of education and outreach materials, including graphic support, necessary to support and enhance the NPS program, including CWA Section 319 annual reports, grant progress reports and project success stories, as well as manuals, brochures and reports;

• Administrative and facilitative support in planning and executing workshops, training sessions, symposia, conferences, and meetings, including online meetings, webinars and videos;

• Facilitation support for meetings and workshops; and

• Editing and production support of policy and technical documents.

2.6.2 Management Measure Tracking Support: Technical support to develop and implement methods to track management plan and management (MM) implementation and water quality improvements. The objective of this task is to evaluate towards implementing plans by documenting the extent of implementation based on key milestones and metrics and to integrate this information with water quality data. Tracking activities shall include but not be limited to:

• Gathering and evaluating data from public and private sources, potentially including some collection of new data to fill data gaps;

• Identifying appropriate analytical methods and adapt to statewide, regional, and local settings for use in tracking specified management measures;

• Identifying appropriate indicators and metrics concerning management measures implementation and water quality;

• Providing information in various formats including narrative and graphic displays of tracking data; and

• Providing support for the development and maintenance of tools to support the NPS Program tracking activities including water quality results.

2.6.3 Water Quality Monitoring Support: Technical support to assist with development and implementation of a water quality monitoring strategy that is consistent with EPA guidance and existing monitoring programs.

Activities will include:

• Providing for trends analysis that supports NPS Program implementation;

• Preparing guidance and provide technical assistance for NPS projects that are supported with CWA Section 319 funds and other related funds to provide for appropriate monitoring and performance evaluation activities;

• Providing support for public meetings, workshops and conferences, including the development of meeting materials and other technical assistance as necessary;

• Providing support for Tribal and public engagement on EPA decisions related to state NPS program development.

• Providing support as necessary for developing and implementing various elements of the water quality monitoring strategies, including the development of objectives, indicators, assessment, quality assurance and data management; and

• Providing water quality monitoring field support, laboratory analysis support and/or synthesis of results.

2.6.4 Data Analysis, Database Development, Data Presentation and

Reporting: Assist with achieving full reporting requirements via the EPA Grants Reporting Tracking System (GRTS), as well as address, at EPA’s direction, the states’ needs in tracking all of its NPS projects and tasks.

Specific tasks will include:

• Making recommendations regarding the development of a more user-friendly program-specific database module and exploring the use of the existing tracking systems to consider internal reporting requirements, daily NPS project and workplan needs, as well as EPA’s NPS Program Plan tracking needs;

• Integrating databases and analyze information to prepare various reports more efficiently, including EPA grant progress reports;

• Assisting with collection and entry of information required Grants Reporting and Tracking System (GRTS) data, including data necessary to calculate load reductions of CWA Section 319 projects; and

• Assisting with updating and maintaining the NPS Web Pages.

2.7 Wetlands Regulatory Program

Under section 404 of the CWA, the U.S. Army Corps of Engineers (Corps) is authorized to issue permits for the discharge of dredged or fill material into waters of the United States, which may include wetlands. EPA oversees the Corps’ implementation of the Section 404 program. The main objective is to avoid, minimize, and compensate for adverse impacts from fill discharges in order to protect ecosystem services at a watershed level. This will involve the development, refinement, and deployment of jurisdictional, condition assessment, planning, compliance, and other appropriate evaluation tools.

2.7.1 Research and Assessment: The contractor shall provide to EPA research and assessment of issues concerning the wetlands regulatory program.

Areas of research and assessment will include:

• Extent, condition, or function of aquatic resources (e.g., wetlands;

tidal waters; ephemeral, intermittent, and perennial streams) in Region 9;

• Ecological effects of various forms of development in intact natural landscapes in Region 9;

• Economic analyses that test the assertion that avoidance of impacts to aquatic resources are cost prohibitive (“impracticable”);

• Studies to support Regional implementation of mitigation policy consistent with the 404 program’s 2008 mitigation regulations;

• Studies to support the integration of local land use with state and federal environmental tools, such as Habitat Conservation Plans, CWA 401 and 404 permits, and local ordinances;

• Cumulative impacts analysis and/or studies investigating significant degradation of particular aquatic resource classes in Region 9;

• Policy analyses to support the development of local operating procedures (workflow coordination) between EPA and the Corps;

• Studies to support specific CWA jurisdictional determinations, including determinations whether certain features are waters of the United States, wetland delineations, hydraulic connection between isolated and navigable waters, and whether certain activities are regulated discharges of dredged or fill material;

• Analyses in support of assessing whether discharges of dredged or fill material are “recaptured” under the 404(f)(2) provisions;

• Evaluation of permit holders’ regulatory compliance with terms and conditions contained in 404 permits issued by the Corps;

• Studies to support the assessment of water availability and the interplay of surface and groundwater relationships;

• Assessment of the effectiveness of mitigation performed under the 404 program in replacing lost extent and/or diminished condition of aquatic resources;

• Evaluation of habitat assessment tools and mitigation strategies developed by agencies or groups outside of EPA;

• Development and implementation of rapid assessment tools such as the California Rapid Assessment Method (“CRAM”) and Streamflow Duration Assessment Methods (“SDAMs”), including but not limited to method development, testing, validation, refinement, and training;

• Investigation of the ecological condition of a compensatory mitigation sites;

• Providing training on topics relevant to Section 404, including but not limited to policy and regulations, aquatic resource delineation, geographic information systems (GISs), and functional and condition assessments;

• Research into alternate approaches for controlling and eradicating invasive species from conservation areas and mitigation sites; and

• Studies to inform protection of aquatic resources of national importance under 404.

2.8 Ocean Dumping under the Marine Protection, Research, and Sanctuaries

(MPRSA) Act and Dredged Material Discharges under the CWA:

MPRSA, also known as the Ocean Dumping Act, regulates the disposition of material into the ocean and prohibits the dumping of material into the ocean that would unreasonably degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities (33 U.S.C. 1401 et seq). The MPRSA applies to all ocean waters seaward of the baseline from which the territorial sea is measured. In the case of dredged material, the U.S. Army Corps of Engineers (Corps) makes the decision to issue a permit for the ocean dumping of dredged material using EPA's environmental criteria. Permits for ocean dumping of dredged material are subject to EPA review and written concurrence. The Ocean Testing Manual provides guidance for sampling, testing, and analysis of water, sediment and tissue to evaluate the environmental acceptability of dredged material proposed for permitting under the MPRSA. For all other materials, EPA is the permitting agency. EPA issues different types of permits, some of which require use of a designated site and others specify the areas where materials may be dumped as a condition in the permit. EPA has issued MPRSA “general permits” authorizing burial at sea of human remains, transportation and disposal of vessels at sea, transportation of target vessels for ocean disposal, ocean disposal of man-made ice piers in Antarctica, and ocean disposal of marine mammal carcasses. EPA also issues “emergency permits” for ocean dumping, but only when an emergency poses unacceptable risk relating to human health and there is no other feasible solution. EPA is also responsible for designating and managing ocean dumping sites under the MPRSA for all types of materials, dredged material and otherwise. Management of ocean disposal sites involves regulating the times, quantity and characteristics of material dumped at the site; and establishing disposal controls, conditions and requirements to avoid or minimize potential impacts to the marine environment. All EPA-designated sites are required to have a site management and monitoring plan. Dredging and dredged material management is also implemented under Section 404 of the CWA whereby EPA is authorized to review USACE dredged material permits for projects located in CWA water bodies.

The Contractor shall provide assistance to MPRSA and CWA program support by the following activities, including but not limited to:

• Analysis of barriers and opportunities for the beneficial reuse of dredged material;

• Studies in support of advancing Regional Sediment Management across regulatory programs;

• Studies in support of evaluating potential environmental and other impacts of materials proposed for disposal, including but not limited to marine carbon dioxide removal projects;

• Studies pertaining to ecotoxicology, fate and transport modeling, bioaccumulation, bioavailability, toxicity, or other technical aspects of the MPRSA program and/or the Ocean Testing Manual;

• Support for database development, maintenance, or upgrade to effectively track dredging projects, EPA-permitted projects, and environmental outcomes in the Region;

• Oceanographic field work and data analysis for ocean disposal site designation (in Federal waters – 3 to 200 nautical miles);

• Oceanographic field work and data analysis for site and compliance monitoring (in Federal waters – 3 to 200 nautical miles);

• Field work, data analysis, and reporting for aquatic disposal site designation (in CWA waters – inside the baseline and out to 3 nautical miles);

• Field work, data analysis, and reporting for site and compliance monitoring (in CWA waters – inside the baseline and out to 3 nautical miles);

• Dispersion and deposition modeling of discharges or of disposal operations for sediments, fish waste and other materials;

• Project specific sediment sampling and analysis, including those for physical (i.e., grain size, total organic carbon), chemical (i.e., contaminants of concern), and biological analysis (i.e., benthic taxonomy and community analysis) and associated report development; and

• Project specific compliance monitoring and enforcement for designated disposal sites as well as any MPRSA or CWA ocean waters;

• Development of Site Management and Monitoring Plans, based on available monitoring results and best available data;

• Document development for ocean disposal site designation or Clean Water Act 404 designation, including EISs, CZMA, Tribal consultation, public notices, etc.;

• Public meeting and public hearing support related to policy or regulatory developments under the MPRSA or CWA 404, including but not limited to a new site designation, permit issuance, or other EPA MPRSA action;

• Training support on the MPRSA, Green Book, laboratory procedures, or other topics pertaining to the MPRSA, including but not limited to:

development of presentations, webinar platforms, in-person meeting support, note-taking, etc.;

• Support for evaluation of dredged material projects according to the MPRSA (Ocean Testing Manual) or according to Clean Water Act 404 (Inland Testing Manual); and

• Support for development of Research or Special Permits.

2.9 San Francisco Bay

Section 125 of the Clean Water Act directed the development of the San Francisco Bay Program and to source a list of program priorities in collaboration with stakeholders in the region. The San Francisco Bay Program requires support in implementing program priorities and assisting regional partners and grantees in implementing program priorities.

Contractor support shall include the following:

• Records Management: Assisting EPA with the management of a large volume of hard copy and electronic records received in accordance with EPA’s storage and retrieval systems and Federal records management statutes. The contractor shall assist EPA in developing and maintaining effective records management systems to ensure that all necessary information and documentation can be easily and rapidly accessed. The contractor shall provide support to EPA in accessing all documentation to support responding to Congressional and Freedom of Information Act requests, and to prepare for various kinds of litigation, enforcement, audits, and regulatory activities.

• Quality Assurance and Data Management: The contractor shall provide technical assistance to grantees of the San Francisco Bay Program in developing quality control procedures and activities which produce data of high quality which is defensible, credible and which meets applicable EPA requirements. The contractor shall provide training to facilitate appropriate data management.

• Materials assistance and meeting coordination assistance: Preparation of education and outreach materials, including graphics, necessary to support and enhance the SF Bay Program, including annual reports, project success stories, as well as manuals, brochures and reports. In addition, the contractor shall coordinate as requested, meetings to share these materials with appropriate partners and stakeholders. The contractor shall have a pre-meeting with EPA before developing materials and provide drafts of these materials to review before final deliverables are submitted.

• Impact Tracking Support: The contractor shall provide technical support to develop and implement methods to track effectiveness of projects.

Tracking activities shall include but not be limited to:

o Gathering and evaluating data from public and private sources, potentially including some collection of new data to fill data gaps;

o Providing information in various formats including narrative and graphic displays of tracking data; and o Creating materials that are public facing to covey they ways that projects are making a local impact and their connection to the Clean Water Act.

• Research and Assessment: The contractor shall provide to EPA research and assessment of issues concerning the San Francisco Bay Program.

Areas of research and assessment include:

o Assessment of key issues impacting the San Francisco Bay to inform updates to program priorities; and o Policy analyses to support the development of process improvements in key partner coordination and permitting efficiencies

MODULE 2: SAFE DRINKING WATER ACT, UNDERGROUND INJECTION CONTROL

TECHNICAL ASSISTANCE

2.10 Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) Program:

The Safe Drinking Water Act requires the EPA to regulate underground injection of fluids through wells to protect the quality of underground sources of drinking water. This is done in part by issuing Underground Injection Control (UIC) program permits to owners of underground injection wells. The UIC program divides injection wells into six classes. The six classes are based on similarity in the fluids injected, activities, construction, injection depth, design, and operating techniques. This categorization ensures that wells with common design and operating techniques are required to meet appropriate performance criteria for protecting underground sources of drinking water (USDWs). Class I wells inject hazardous wastes, industrial non-hazardous liquids, or municipal wastewater beneath the lowermost USDW. Class II wells inject brines and other fluids associated with oil and gas production, and hydrocarbons for storage. They inject into either Class II Exempt Aquifers or into saline aquifers that are beneath the lowermost USDW. Class III wells inject fluids associated with solution mining of minerals into either Class III Exempt Aquifers or into saline aquifers that are beneath the lowermost USDW. Class IV wells inject hazardous or radioactive wastes into or above USDWs and are banned unless authorized under a federal or state ground water remediation project. Class V wells include all injection wells not included in Classes I-IV or VI. In general, Class V wells inject non-hazardous fluids into or above USDWs and are typically shallow, on-site disposal systems. However, there are some deep Class V wells that inject below USDWs.

Class VI wells inject carbon dioxide captured from an industrial source into deep subsurface rock formations for long-term storage.

The contractor shall conduct the timely evaluation of UIC permit applications to determine administrative and technical completeness, support the development of documents for proposed draft permit actions, provide technical assistance for permit implementation activities, and conduct special studies or project technical reviews. Some application material may contain confidential business information (CBI). If CBI is noted, the Task Order Contracting Officer Representative (TOCOR) will properly provide a notice of contemplated disclosure of CBI to the applicant pursuant to 40 CFR Part 2, Sections 301 and 304, prior to providing the contractor the necessary technical direction for a given task under this TO. The contractor shall adhere to CBI procedures when handling industry information.