NACWA’s Long Term Control Plan (LTCP) Task Force met last week with EPA staff to discuss considerations related to National Pollutant Discharge Elimination System (NPDES) permits for combined sewer system (CSS) communities that have completed an LTCP pursuant to EPA’s 1994 Combined Sewer Overflow Control Policy (CSO Policy).

The Great Lakes Water Authority (GLWA) adopted a first-of-its kind regional Wastewater Master Plan (WWMP) to proactively and adaptively manage the wastewater system that serves 2.8 million people and spans 15,000 miles of pipes across 79 communities in southeast Michigan.

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE)’s new Waters of the United States (WOTUS) definition hit the Federal Register today, January 18, and will go into effect in 60 days on March 20, 2023.

EPA’s Office of General Counsel (OGC) recently released guidance, Cumulative Impacts Addendum to EPA Legal Tools to Advance Environmental Justice, outlining the Agency’s legal authorities provided under its various programs to address cumulative impacts on overburdened, disadvantaged communities.

EPA issued a 41-page Frequently Asked Questions (FAQ) last week to help states, authorized tribes and territories adopt and implement the 2021 Recommended Ambient Water Quality Criteria to Address Nutrient Pollution in Lakes and Reservoirs.

The 118th Congress has officially been sworn in and has started its legislative work. NACWA has begun outreach to the new Congress, especially newly elected members, to educate them about our priority issues and advance our advocacy initiatives.

NACWA has partnered with Stantec’s Institute for Water Technology & Policy to deploy a comprehensive, national cost analysis to estimate the impacts of PFAS on the public clean water community.

The U.S. Environmental Protection Agency (EPA) Office of Water held its first in-person meeting with water sector association staff for 2023 on January 6. The meeting provided an opportunity for Office of Water Assistant Administrator Radhika Fox, joined by key political and career staff, to outline the office’s priorities for the coming year.

A group of water sector associations met with the White House Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) on January 10 to discuss EPA’s proposal to include cybersecurity in the sanitary surveys that drinking water utilities undergo every three years.

The U.S. Environmental Protection Agency’s Office of Water quietly published its 3rd Draft Method 1633: Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids and Tissue Samples on December 22, 2022. While not the final method, this iteration considers 40 different PFAS analytes across several environmental matrices – including wastewater and biosolids - and was done in collaboration with the Department of Defense.

As the new year gets underway, NACWA continues to monitor federal implementation of the Build America, Buy America Act (BABAA) provisions that were signed into law in November 2021 as part of the Bipartisan Infrastructure Law.

This edition of NACWA’s Legislative Update compiles Congressional activities of interest to the nation’s public clean water agencies through early 2023. For more detailed information regarding NACWA legislative activities, click on the web links in selected news items or visit NACWA’s website.

On the last weekday of 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced the final “Revised Definition of Waters of the United States” (WOTUS) rulemaking. EPA has been working on this rule for over a year, and it comes ahead of the U.S. Supreme Court’s anticipated decision later this year on WOTUS jurisdiction in Sacket v. EPA.

NACWA has learned from EPA that the Agency is moving to finalize its revised Financial Capability Assessment (FCA) Guidance that was released in draft form last year. The White House Office of Management and Budget (OMB) recently completed its review of the document and determined that it did not create any significant economic impact, paving the way for EPA to issue the guidance in final form.