Clean Water Current

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).

The Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce held a hearing on Tuesday, February 26 titled, EPA's Enforcement Program: Taking the Environmental Cop Off the Beat.

The Senate voted last week to confirm Andrew Wheeler as Environmental Protection Agency (EPA) Administrator, in a mostly party line vote of 52-47. Wheeler had been serving as the acting administrator since July 2018.

NACWA hosted a February 27 meeting of water sector associations and other groups interested in advocating for changing the Food & Drug Administration’s (FDA) recommended disposal options for certain pharmaceuticals.

NACWA spoke as part of a panel of experts last week at the California Association of Sanitation Agencies (CASA) annual DC member Fly-In.

The March 11 deadline to make hotel reservations for the National Water Policy Fly-In is just around the corner – make your plans now to attend!

NACWA met with farmers from across the country February 21, during a meeting of the American Farm Bureau Federation in Washington, DC. As part of an ongoing dialogue with national agriculture groups, the conversation focused on how to incentivize clean water agencies and farmers to work together at the watershed level to address water quality impacts caused by nutrients.

A final rule published by the US Environmental Protection Agency (EPA) in the February 22 Federal Register prohibits healthcare facilities from disposing of unused hazardous waste pharmaceuticals by flushing or pouring down the drain into sewer systems. Previously, the domestic sewage exclusion of the Resource Conservation and Recovery Act (RCRA) allowed flushing of these types of pharmaceuticals.

he National Academies of Science, Engineering, and Medicine (NAS) released a new report on Improving the EPA Multi-Sector General Permit for Industrial Stormwater Discharges. Although this report focuses on the nationwide multi-sector general permit (MSGP) for industrial stormwater, there are some interesting aspects that municipal stormwater utilities should be aware of.