Clean Water Current

After a short delay, EPA’s Scientific Advisory Board (SAB) panel on biosolids will meet for its third and final meeting to review the Agency’s Draft Framework for Assessing Pollutants in Biosolids and its proposed Biosolids Screening Tool (BST).

NACWA staff have been on the road recently with Association partners and members discussing key policy issues.

After the U.S. Census Bureau discontinued its use of “urbanized areas” in the 2020 Census and for future censuses, the U.S. Environmental Protection Agency (EPA) is issuing a final rule updating its Clean Water Act regulations that relied upon the definition of an urbanized area for defining the boundaries of a small municipal separate storm sewer systems (MS4s).

In comments sent to EPA Region 1 and EPA Headquarters on June 5, NACWA strongly opposed a number of the Agency’s proposed Clean Water Act (CWA) discharge permits in Massachusetts, where EPA is the direct permitting authority, that would impose impracticable and likely illegal requirements related to climate change.

NACWA recently signed on to a joint letter to EPA Administrator Michael Regan asking that the Agency finalize its proposed Renewable Fuel Standard (RFS) rule that would allow electricity produced from biomass to qualify for credits in the RFS program. Electricity produced at wastewater treatment utilities would qualify for these “eRINs,” which could benefit utilities that produce electricity from biogas.

In the aftermath of the Covid-19 pandemic, clean water utilities have faced novel recruitment and retention challenges directly impacting the ability to recruit and maintain a skilled workforce to address current and emerging utility management issues. NACWA recognizes the many workforce challenges that currently exist throughout the water sector.

The U.S. Court of Appeals for the Federal Circuit recently affirmed a lower court holding that NACWA public agency member the City of Wilmington, Delaware may not recoup over $5.8 million in unpaid stormwater management fees from the U.S. Army Corps of Engineers (Corps) for several properties the Corps owns within the City.

NACWA held its annual Strategic Communications: H20 Workshop last week in Santa Fe, New Mexico, with over 90 clean water communications professionals from around the country gathering to discuss new innovations in utility communications and engage in peer-to-peer learning and networking.

NACWA and several of its water sector partner organizations met with representatives from multiple EPA offices this week at the Agency’s headquarters in Washington, D.C. The topic: EPA’s ongoing development of a policy memorandum outlining how the Agency intends to exercise its enforcement discretion should it finalize the proposed designations of certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund).

In comments submitted to EPA on May 30, NACWA raised several concerns with the Agency’s proposed PFAS National Primary Drinking Water Regulation (NPDWR) rulemaking.

The U.S. Supreme Court last week issued their long-awaited decision concerning the scope of federal Clean Water Act (CWA) jurisdiction over “waters of the United States” (WOTUS) in the case of Sackett v. EPA.

On May 31st, U.S. Senator Alex Padilla (D-Calif.) presided over his inaugural hearing as Chair of the Senate Environment and Public Works Subcommittee on Fisheries, Water, and Wildlife.

The ongoing negotiations of the debt ceiling deal were concluded between President Biden and Speaker of the House Kevin McCarthy over the weekend, potentially avoiding a debt default. The legislation suspends the nation’s $31.4 trillion borrowing limit until 2025.

The Inflation Reduction Act (IRA), signed into law in August 2022, unlocked an unprecedented amount of funding in the form of tax credits, grants and loan programs for developing clean energy sources and supporting climate mitigation and adaptation across sectors.

NACWA held its annual National Pretreatment Workshop + Training last week in Boise, Idaho with over 200 pretreatment professionals from across the country participating, including three training sessions on May 16 and the Workshop held May 17-19.

NACWA is closely monitoring the ongoing negotiations surrounding raising the federal debt ceiling. As has been widely reported, the U.S. Treasury has indicated that without a deal to raise the debt limit, a default could occur as soon as June 1 with potentially severe implications to the U.S. and global economy.

On June 20th from 1:00 pm – 2:00 pm EDT, EPA will be sharing information about their Augmented Alternatives Analysis (AAA), during a webinar entitled “How EPA’s Water Infrastructure Planning Tool can Help Utilities Engage Community & Make Cost-Effective Multi-Benefit Investments.”

NACWA Secretary and CEO of Metro Water Recovery, Mickey Conway, testified May 16 on behalf of the Association this week before the House Transportation & Infrastructure (T&I) Committee on the need for sensible and important regulatory reforms under the Clean Water Act (CWA).

Starting in late March, EPA Region 1 began issuing several draft individual National Pollutant Discharge Elimination System (NPDES) permits to municipal clean water utilities in Massachusetts that contained novel and unduly prescriptive climate planning and mitigation requirements.

On Tuesday, May 23, NACWA and legal affiliate Baker Botts will hold a free webinar to walk through opportunities for clean water agencies to leverage funding made available through the Inflation Reduction Act (IRA).