Clean Water Current

With encouragement from EPA Region 9, California is proposing a new policy for whole effluent toxicity (WET) testing that seeks to use the controversial Test of Significant Toxicity (TST), which was never subjected to public comment and released by EPA Headquarters years ago with no formal notice.

Response to NACWA’s 2018 Cost of Clean Water Index Survey has been strong, but more responses are needed to ensure that the final report provides meaningful information and identifies robust trends and projections. NACWA would like to thank everyone who has already responded. NACWA is extending the deadline for completing the survey to January 18, so it can meet its response goal.

(January 8, 2019) – EPA remains closed as part of the ongoing government shutdown caused by the inability of Congress and the White House to reach agreement on legislation to fund certain parts of the federal government.

The Water Environment Federation’s (WEF) Utility Management Committee, through its Delivery Sub-Committee, is conducting a survey as part of an effort to support utilities as they develop and implement Capital Improvement Programs (CIP).

The federal district judge presiding over the challenge to EPA’s approval of Montana’s general nutrient variance heard oral argument on cross motions for summary judgment on December 12.

The US Environmental Protection Agency (EPA) released a pre-publication version of a final rule on December 11 that prohibits healthcare facilities from disposing of unused hazardous waste pharmaceuticals down the drain.

NACWA provided comments to the EPA Region 2 Long Island Sound Office on December 14 regarding the latest technical report from the Regions on their Nitrogen Reduction Strategy, which is part of a broader effort to improve water quality in the Long Island Sound.

Washington D.C. is mired in uncertainty this week as Congress and the White House try to find a way to complete seven unfinished Fiscal Year 2019 Appropriations bills and wrap up other end-of-year legislative priorities.

(December 11, 2018) - After several months of wrangling back and forth, late last night House and Senate Farm Bill negotiators finalized a bipartisan agreement on the 2018 Farm Bill Conference Report, which is expected to be voted on and passed in both Chambers of Congress later this week. The Farm Bill includes several key conservation and water quality provisions that were championed and advocated for by NACWA. Among the key provisions included is a “[s]ense of Congress that the federal government should recognize and encourage partnerships at the watershed level between nonpoint sources and regulated point sources to advance the goals of the Clean Water Act and provide benefits to farmers, landowners, and the public.”

(December 11, 2018) – EPA released a new proposed “Waters of the United States” (WOTUS) Rule that will clarify which waters are jurisdictional under the federal Clean Water Act (CWA). Repealing the previous 2015 WOTUS Rule and issuing a new one has been a top priority for the Trump Administration.

(December 11, 2018) - As it considers whether to accept review over two cases that address whether the release of a pollutant that travels through groundwater to reach a Clean Water Act (CWA) jurisdictional surface water constitute a “point source” discharge, the US Supreme Court on December 3 invited the Solicitor General to file a brief representing the position of the United States by January 4, 2019.

The Water Science and Technology Board and the Board of Atmospheric Sciences and Climate invited guests to the National Academy of Sciences (NAS) in Washington DC on November 29, for a robust discussion on Connecting Climate, Weather and Water: Status, Challenges, and Needs for Seasonal-to-Subseasonal Forecasting for Water Use and Management.

David Ross, Assistant Administrator for EPA’s Office of Water, and Bill Northey, Under Secretary for Farm Production and Conservation at the US Department of Agriculture (USDA), sent a letter to state water and agriculture leaders on December 4 in an effort to reinvigorate work to address nutrient pollution.

NACWA’s Stormwater Management Committee held its last committee conference call of the year on December 8, and hosted representatives from EPA, Black & Veatch, and AquaLaw to provide updates on several important issues that are happening nationally.

NACWA hosted a conference call on December 3 with the Association’s State & Regional Exchange network, where representatives from various state and regional clean water organizations discussed ongoing national advocacy issues.

NACWA met with the Director of EPA’s Office of Wastewater Management, Andrew Sawyers, and Agency key staff on November 29 to discuss a number of issues, including several new programs created by the America’s Water Infrastructure Act of 2018 — the most recent iteration of the Water Resources Development Act (WRDA).

With the passing of President George Herbert Walker Bush, Congress has adjusted its schedule for the remainder of the year. President Trump has declared Wednesday, Dec. 5th as a national Day of Mourning, with federal offices closed. The House of Representatives cancelled all votes this week, while the Senate delayed votes until Thursday and postponed hearings.

The American Water Works Association (AWWA) has released a report entitled Cybersecurity Risk & Responsibility in the Water Sector, which outlines the cyber threats to drinking water and wastewater utilities and provides information on how to address these threats.

(December 4, 2018) - NACWA’s Stormwater Management Committee will close out the year with its last committee conference call on December 5. EPA staff will provide an update on the Community Solutions for Stormwater management: A Guide for Voluntary Long-Term Planning, a draft report that was released October 2017.

The Water Sector Coordinating Council (WSCC) met on November 29 to discuss security and other related issues that are impacting the water sector, and also met with the Water Government Coordinating Council (GCC) the following day. During both meetings, the main topic of discussion was the status of the water sector during natural disasters and other emergencies.