Clean Water Current

The US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (USACE) are holding firm on the April 15, 2019 public comment deadline for the revised Waters of the United States (WOTUS) definition, despite multiple stakeholder calls for an extension. After releasing a pre-publication version on December 11, 2018—which was publicly posted on both EPA and USACE websites—and the five-week federal government shutdown, the agencies believe that a total of 125 days from pre-publication to the existing deadline is enough time for the public to review and submit meaningful comments.

The House Ways & Means Committee, which is the chief tax-writing committee in the House of Representatives, recently held a hearing entitled, “Our Nation’s Crumbling Infrastructure and the Need for Immediate Action.”

The US Environmental Protection Agency (EPA) has released a pre-publication version of its requirements for the new risk assessment and emergency response plans required of drinking water utilities in the America’s Water Infrastructure Act of 2018, which was signed by President Trump last year. The Act revised a 2002 Safe Drinking Water Act amendment, which required one-time vulnerability assessments for drinking water utilities.

NACWA participated in a panel discussion on the recent integrated planning legislation last week at a conference of the Association of Clean Water Administrators (ACWA), which represents state water regulators. The panel, which also included speakers from the U.S. Conference of Mayors and EPA, provided an opportunity for NACWA to highlight the history behind the legislation and what the Association hopes it will accomplish moving forward.

NACWA and two of its member agencies signed on to a letter from the California Association of Sanitary Agencies (CASA) to EPA Administrator Andrew Wheeler requesting his assistance in making changes to the Renewable Fuel Standard (RFS) program related to food waste and biogas. The RFS program offers incentives for the production of renewable transportation fuels, including fuels derived from wastewater.

Hundreds of NACWA members, water sector leaders and water professionals from around the country will be pouring into Washington DC next week for the National Water Policy Fly-In (April 3-4)—the highlight event of Water Week 2019 (March 31 – April 6)—to advocate with national policy makers for clean water.

With the federal Fiscal Year 2020 (FY20) Congressional appropriations process gaining steam, NACWA submitted testimony last week to the House Appropriations Subcommittee on Interior, Environment, and Related Agencies requesting support for key EPA clean water programs and funding priorities. NACWA will be submitting similar FY20 testimony to Senate Appropriators once the Appropriators open their stakeholder submissions in the coming weeks.

With the National Water Policy Fly-In and Water Week 2019 almost here, now is the time to be scheduling visits with your Members of Congress. It is critically important that, while you are in Washington, you visit with your elected leaders and educate them about the most important issues facing your utility and the work you do every day to serve your community.

NACWA submitted comments on March 14 regarding EPA’s Draft Inventory of US Greenhouse Gas Emissions and Sinks: 1990-2017. The annual Inventory provides nationwide estimates for greenhouse gas (GHG) emission for different sectors, including wastewater treatment, and is intended to be used only for informational purposes.

Members of Congress are home in their states and districts this week during a congressional recess, making this the perfect time for your utility to reach out to your federal elected officials and educate them on the importance of what you do every day to protect public health and the environment in your community.

The White House released its proposed FY2020 Budget on March 11. As in prior years, the Trump Administration is proposing major cuts for a broad range of discretionary non-defense programs and agencies, including to EPA and the Clean Water State Revolving Fund (CWSRF). The proposed budget’s accompanying narrative focuses strongly on prioritizing infrastructure spending, with particular attention paid to clean and safe water investment. Unfortunately, the proposed spending levels for water infrastructure programs suggest a different story and are significantly below current funding levels.

The US House Transportation & Infrastructure Committee’s Water Resources and Environment Subcommittee held a public hearing March 7 to examine the current state of the country’s clean water infrastructure. NACWA provided testimony and emphasized the critical role of federal funding for clean water infrastructure. At the hearing, NACWA Board Member Andy Kricun, Executive Director of the Camden County Municipal Utilities Authority in New Jersey, proposed solutions for the gowning infrastructure gap and challenging affordability concerns.

The US House Committee on Oversight and Reform’s Subcommittee on Environment held a hearing on March 6 entitled, “Examining PFAS Chemicals and Their Risks.” Dave Ross, EPA’s Assistant Administrator for the Office of Water testified in the hearing alongside Maureen Sullivan with the US Department of Defense (DoD). Also, Congressmen Dan Kildee (D-MI) and Brian Fitzpatrick (R-PA) testified on the per- and polyfluoroalkyl substances (PFAS) contamination in their respective districts, and the needs of their communities with existing cleanup and greater public health and environmental protection.

EPA announced March 8 that it is abandoning further legal efforts to delay implantation of the 2015 Clean Water Rule, leaving a regulatory patchwork across the country where the Rule is in effect in some states but not in others. For the time being, the 2015 Clean Water Rule is effective in 26 states. Pre-2015 jurisdictional regulations govern in the other 24 states.

NACWA submitted comments March 1 in response to a US Department of Agriculture (USDA) request for input on implementation of the 2018 Farm Bill. NACWA worked closely with Congress during development of the 2018 Farm Bill, advocating for strong conservation program funding, affirmation of the value that point-nonpoint source collaboration in a watershed can provide, and reforms to make it simpler for clean water utilities to participate in USDA programs such as the Regional Conservation Partnership Program (RCPP).

(March 12, 2019) - NACWA submitted comments this week on EPA’s proposed Fiscal Year (FY) 2020 – 2023 National Compliance Initiatives (NCIs). EPA’s proposal includes some important positive developments for the public clean water utility sector. Most notably, the proposal moves away from addressing sewer overflows through enforcement as a national enforcement priority. NACWA has devoted significant advocacy effort over recent years to secure this change.

The recent congressional hearing—hosted by the House Transportation & Infrastructure Committee's Water Resources and Environment Subcommittee—on advancing clean water infrastructure investment is yet more evidence that clean water issues are growing as a priority in Congress.

NACWA hosted a Hot Topics in Clean Water Law Webinar on March 6, featuring Susan E. Smith and Eric L. Klein—Principals with NACWA Legal Affiliate, Beveridge & Diamond—who addressed emerging Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) citizen suit legal theories and defense strategies, including the nexus with toxic tort litigation.

NACWA Board Member Andy Kricun will testify on Thursday, March 7, at a hearing of the House Water Resources and Environment Subcommittee entitled, The Clean Water State Revolving Fund (CWSRF): How Federal Infrastructure Investment Can Help Communities Modernize Water Infrastructure and Address Affordability Challenges.

Bipartisan legislation has been introduced in both the Senate and House of Representatives that requires the Environmental Protection Agency (EPA) to designate per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).