Clean Water Current

Last week, U.S. EPA released additional guidance, Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs, related to the Build America, Buy American Act (BABAA) changes that were made in the Bipartisan Infrastructure Law (BIL).

NACWA and other water sector associations sent a joint letter to the White House on Nov. 4 asking for intervention to avert a rail worker strike in early December. A strike was averted in September when the White House negotiated a potential agreement with rail worker unions. However, the agreement has not been ratified by all the unions, leaving open the possibility of a strike.

On November 4th, the U.S. Environmental Protection Agency (EPA) announced the selection of 29 Environmental Finance Centers (EFCs) that will help communities across the country access federal funding for infrastructure and greenhouse gas reduction projects that improve public health and environmental protection.

NACWA reminds all of its members that the next few days are the last chance to file comments on EPA’s proposed rule to list PFOA and PFOS – the two most common PFAS chemicals – as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The comment deadline remains Nov. 7 after EPA recently denied multiple requests for a deadline extension.

NACWA and the Association of Metropolitan Water Agencies (AMWA) sent a joint letter last week to House and Senate Appropriations Committee Leadership requesting the highest level of Fiscal Year 2023 (FY23) funding for the Drinking Water and Clean Water State Revolving Funds (SRFs) and to fund an EPA pilot program for low-income water customer assistance.

NACWA sent a letter to U.S. EPA Nov. 1 that outlined a set of clean water technology principles and policy recommendations to ensure enhanced collaboration with the federal government in developing and deploying innovative technologies to help clean water agencies better and more cost-effectively meet growing 21st century challenges.

During the pandemic, NACWA has engaged with the National League of Cities (NLC) to share information regarding the growth of wastewater-based epidemiology. The NLC is launching a new initiative and is seeking interested POTW and local governments to participate. A synopsis of this effort and contact information is below for interested utilities.

The Maryland Department of Planning (MDP) will hold a free webinar on Friday, November 4th to discuss the role utilities can have in protecting critical infrastructure from climate change threats. While the webinar will feature a number of Maryland utilities, it is relevant and will contain helpful information for utilities nationwide.

The U.S. Environmental Protection Agency (EPA) announced Oct. 25 that it will not be extending the public comment period for its proposed designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) beyond the 60 days initially offered for comment.

EPA released on Oct. 21 its Final Implementation Guidance for Congressionally Directed Projects, which the Agency also calls Community Grants but are more commonly known as earmarks.

The federal Department of Health & Human Services (HHS) recently announced the relaunch of the Low Income Household Water Assistance Program (LIHWAP) resource website, waterhelp.info.

NACWA hosted a webinar, Comprehensive Cost Analysis on Impacts of Per- and Polyfluoroalkyl Substances (PFAS) on the Clean Water Community, on October 20th to brief NACWA members about an on-going project to identify and quantify the scope of PFAS-related costs to the public clean water community.

Last Tuesday, October 18 marked the 50th anniversary of the Clean Water Act (CWA). The significant milestone was celebrated with events throughout the country.

EPA hosted an event Oct. 18 to recognize the 50th Anniversary of the landmark Clean Water Act (CWA) along the banks of the Cuyahoga River in Cleveland Ohio, with many NACWA members present to join the celebration.

NACWA hosted a virtual press conference October 13 as part of the Association’s celebration of the 50th Anniversary of the Clean Water Act and to highlight the instrumental role that public clean water utilities have played in the CWA’s success over the last 50 years.

NACWA hosted a webinar, Potential Impacts of PFAS CERCLA Designations on Clean Water Utilities, on Oct. 17 outlining the major provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the significant impacts EPA’s proposal to designate PFOA and PFOS as CERCLA hazardous substances could have on clean water utilities.

NACWA was pleased to join with the Water Environment Federation (WEF) on October 11 to sponsor the annual Utility Leaders’ Afternoon at WEFTEC 2022.

EPA hosted a meeting Oct. 19 with NACWA and other associations to discuss an upcoming Agency memo on addressing PFAS in pretreatment and National Pollutant Discharge Elimination System (NPDES) permits.

The U.S. Supreme Court this week began its October term on Oct. 3 by hearing oral arguments in the on-going battle over the scope of federal Clean Water Act (CWA) jurisdiction in the case of Sackett v. EPA. At issue in the case is whether the Sacketts need a CWA Section 404 permit to develop certain wetlands on their property, but before the Court are broader questions concerning the Act’s reach over wetlands as “waters of the United States” (WOTUS).

The U.S. Environmental Protection Agency (EPA) Region 1 issued an updated National Pollutant Discharge Elimination System (NPDES) General Permit for medium-sized POTWs in Massachusetts on September 28. Because this permit is issued by EPA itself and not a Clean Water Act (CWA) authorized state permitting authority, it serves as a good example of how EPA would like to see delegated states craft their permits.