Clean Water Current

(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.

EPA reached out to NACWA in December of 2018 for comments and feedback on its draft Water Reuse Action Plan. NACWA submitted comments last week focused on the fact that water reuse and recycling regulatory efforts have been traditionally maintained at the state level and must continue without federal regulatory intervention.

The March 11 deadline to make hotel reservations for the National Water Policy Fly-In is almost here – make your plans now to attend and don’t miss this critical advocacy event!

Over four months into the 2019 Fiscal Year (FY) and on the heels of the longest government shutdown in US history, Congress last week agreed on a bipartisan spending bill that will fund the government, including EPA, for the remainder of FY 2019, ending September 30. President Trump signed the bill into law on February 15.

EPA published a final National Pollutant Discharge Elimination System (NPDES) Updates Rule on February 12, deferring action, for now, on the more controversial items that the Agency was exploring in early proposals.

EPA unveiled its much anticipated Per- and Polyfluoroalkyl Substance (PFAS) Action Plan on February 14, which highlights how the Agency will tackle growing concerns over these contaminants.

EPA and the Department of the Army’s proposed rule narrowing the definition of Waters of the United States (WOTUS) was finally published in the Federal Register on February 14.

NACWA’s recent Winter Conference included a compelling panel presentation on how various utilities are pursuing a variety of community benefit programs.