Clean Water Current

A three judge panel of the US Court of Appeals for the Ninth Circuit issued a unanimous decision in Hawaii Wildlife Fund v. County of Maui on February 1, addressing to what extent a point source discharge that reaches groundwater, and eventually discharges to a Clean Water Act (CWA) jurisdictional water, triggers the requirement for a CWA Section 402 National Pollutant Discharge Elimination System (NPDES) permit.

Congress has begun ramping up its legislative efforts in both the House and Senate to address water infrastructure funding.

ACWA updated clean water professionals in New York this week on the current state of national clean water policy and the legislative outlook for the Trump Administration and Congress for the remainder of this year.

The US Supreme Court issued a decision in National Association of Manufacturers (NAM) v. EPA on January 22, finding that litigation over the 2015 Clean Water Rule should proceed in the federal district courts, rather than in the US Court of Appeals for the Sixth Circuit.

The Mississippi River/Gulf of Mexico Hypoxia Task Force met from January 31 – February 1, to discuss progress on reducing nutrient loads to the Gulf. David Ross, Assistant Administrator for EPA’s Office of Water, provided opening remarks, noting that nutrient-related issues will be a priority for him as he works to lay out the agenda for his tenure at EPA, which officially began on January 8.

n his State of the Union Address last night, President Trump committed to supporting a plan that would generate $1.5 trillion for infrastructure investment. In an important development, the President also committed to working closely with state and local governments to invest this money – recognizing the key role that local government agencies like NACWA utility members must play to make significant infrastructure investment a reality. NACWA looks forward to working with the Trump Administration and Congress to advance a comprehensive infrastructure package.

NACWA filed comments January 29, on the latest draft of EPA’s nutrient screener questionnaire, the first phase of a planned multi-year study of the nutrient performance of secondary treatment technologies at clean water utilities.

U.S. EPA Administrator Scott Pruitt testified Jan. 30 on the agency’s agenda moving forward before a Senate Environment and Public Works (EPW) Committee oversight hearing.

NACWA’s Farm Bill Workgroup -- comprised of Association public agency members with a strong interest in the Bill and/or conservation programs – held a conference call last week to discuss the next steps in securing NACWA’s priorities in the upcoming Bill. The Farm Bill’s five-year reauthorization expires on September 30.

The U.S. Government Accountability Office (GAO) released a report Jan. 26 examining workforce issues confronting drinking water and clean water utilities in the United States.

NACWA met with an ad hoc water sector group last week to discuss continued collaborative advocacy with the White House and Congress on infrastructure priorities.

NACWA joined the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA) and the American Water Works Association (AWWA) on a letter of support last week for the legislation that was introduced in the Senate to reauthorize the EPA’s WIFIA Program and jump-start the U.S. Army Corps’ implementation of its own WIFIA Program.

NACWA provided a timely update of efforts by the Association and other organizations to develop flushability standards during the California Association of Sanitation Agencies’ (CASA) Winter Conference on January 26. Cynthia Finley, NACWA’s Director of Regulatory Affairs, delivered the latest details and developments during a session titled, “Nonflushables: From Mess to Messaging.”

NACWA provided an important national advocacy perspective during the Government Affairs Committee meeting at the annual conference of the New England Water Environment Association (NEWEA) on January 22, in Boston, MA.

NACWA attended and moderated a session last week at the American Water Works Association’s International Symposium on Potable Reuse in Austin, TX.

The Small & Medium Utility Workgroup had its first call of the New Year on Jan. 25. Composed of utility executives from NACWA small and mid-size Public Agency members, this group was formed to provide input on how the Association can increase the value of membership for current small and medium-size utilities.

After starting the work week on January 22 under a cloud of uncertainty as Congressional negotiators failed to end the federal government shutdown over the weekend, Congress was able to reach an agreement by the end of the day to fund the government through February 8th. EPA was not directly impacted by the brief, three day shutdown as the Agency had previously announced it had enough funds to operate until January 26 absent a funding agreement.

NACWA members were briefed by EPA staff January 19 on the latest draft of an Agency screener questionnaire on nutrient removal. Since 2016, EPA has been developing a multi-year study to evaluate the removal of nutrients by conventional secondary treatment plants.

A document reportedly outlining the White House’s infrastructure plan was leaked to the press this week. Although the authenticity of the document is still unclear, it purports to show a level of detail that has not previously been shared publicly regarding the Trump Administration’s infrastructure plan.

NACWA met with the U.S. Government Accountability Office (GAO) on January 17 to assess the Bureau of Reclamation’s Title XVI program on water reuse and recycling projects, along with their implementation.