Clean Water Current

NACWA this week joined the Edison Electric Institute (EEI) on an amicus brief to the U.S. Supreme Court in the ongoing litigation over EPA’s regulation of greenhouse gasses (GHGs) under Section 111(d) of the Clean Air Act (CAA). EEI represents U.S. investor-owned electric utilities.

NACWA utility representatives, along with representatives from the Association of Clean Water Administrators (ACWA), met with EPA’s Office of Wastewater Management on January 25 to discuss cybersecurity at clean water utilities.

The U.S. Supreme Court earlier this week granted review in litigation over the scope of federal Clean Water Act (CWA) jurisdiction over “waters of the United States” (WOTUS) in the case of Sackett v. EPA.

As part of an ongoing series of region-specific meetings, NACWA was joined by a number of member and nonmember utilities via a virtual meeting on Jan. 21 to discuss a range of issues facing Region 8 utilities.

NACWA met with the Government Accountability Office (GAO) Jan. 20 to provide input on a report regarding how EPA has addressed combined sewer overflow (CSO) issues around the country. GAO initiated the report at the request of a number of members of Congress.

NACWA continues to seek member feedback on EPA and the Army Corps of Engineers’ (USACE) proposed Revised Definition of “Waters of the United States” (WOTUS), published in the Federal Register on December 7, 2021.

Monitoring raw wastewater influent to identify the distribution of viral diseases, such as COVID-19, continues to show its value over the course of the pandemic. With the most recent spike in infections, public health officials have been able to track the underlying omicron variant in wastewater to help understand the extent and duration of community outbreak.

The Responsible Flushing Alliance is conducting the #FlushSmart consumer education campaign in California that is required by the new California wipes law. The campaign focuses on not flushing baby wipes and other non-flushable wipes, as well as other products that can cause or contribute to clogs and other problems in sewer systems, such as dental floss, cotton swabs, and paper towels.

Both chambers of Congress are back in session this week, but negotiations on the Build Back Better (BBB) Act remain on hold as the Senate’s focus has pivoted to voting right legislation for the time being.

NACWA President Kishia Powell has established a new standing Environmental Justice Committee that will be co-chaired by Andrew Lee, Interim General Manager/CEO at Seattle Public Utilities, and Sharise Horne, Director of Community Benefits & Partnerships at Louisville & Jefferson County Metropolitan Sewer District.

The U.S. Treasury – the federal department implementing the COVID-19 Relief for State and Local Fiscal Recovery Funds (SLFRF) program that was signed into law as part of the American Rescue Plan Act (ARPA) – published its final rule for the program on January 6.

NACWA led a water sector coalition letter this week to U.S. EPA urging that as the Agency moves forward in awarding Water Workforce Infrastructure Development Grants, utilities are given direct consideration as a potential recipient regardless of how they are locally structured.

In early December 2021, U.S. EPA and the U.S. Army Corps of Engineers (USACE) published a proposed rulemaking for a "Revised Definition of Waters of the United States."

NACWA, along with various other partners, joined the California Association of Sanitation Agencies in a response to the Sierra Club’s Sludge in the Garden: Toxic PFAS in Home Fertilizers Made from Sewage Sludge.

NACWA held a virtual meeting January 6 with EPA Assistant Administrator for Water Radhika Fox and other senior EPA Office of Water staff to discuss implementation issues and distribution of funds from the recently passed bipartisan infrastructure legislation, also known as the Infrastructure Investment and Jobs Act (IIJA).

NACWA and other water sector organizations sent a letter this week to the Biden Administration regarding implementation of the Buy America, Build America (BABA) requirements that were signed into law as part of the Infrastructure Investment and Jobs Act (IIJA).

NACWA submitted initial comments to EPA on December 20, 2021 on the Agency’s Advanced Notice of Proposed Rulemaking to potentially develop regulations for pyrolysis and gasification units.

Just before Christmas, Senator Joe Manchin (R-WV) – a key moderate Democrat whose vote is critical for passage of the President’s Build Back Better Act – announced he could not support the reconciliation package in its current form, abruptly derailing Democratic leadership’s agenda and hopes to pass the bill in the Senate.

There is growing excitement for NACWA’s 2022 Winter Conference, January 31 – February 3, in Scottsdale, Arizona -- and the December 29 hotel reservation deadline is quickly approaching! If you haven’t already done so, please make your reservations today while rooms are still available!

NACWA submitted a letter to EPA earlier this week outlining the Associations’ initial thoughts and recommendations around how the recently passed Infrastructure Investment and Jobs Act (IIJA) is implemented. The letter builds on conversations NACWA has had with senior EPA Office of Water leadership to date and the initial recommendations and concerns received from NACWA members.