Clean Water Current

Earlier this year, the U.S. Census Bureau revised and finalized new criteria for how it defines urban areas based on the 2020 Census. The Bureau's new criteria eliminate the term "urbanized areas," which will have a subsequent impact on how EPA and states designate and regulate Phase II municipal separate storm sewer systems (MS4s) under the Clean Water Act.

As anticipated, EPA recently proposed a rule to eliminate the de minimus reporting exemption that allows facilities to avoid reporting PFAS to the Toxic Release Inventory (TRI) under the Emergency Planning and Community Right-to-Know Act (EPCRA).

The U.S. House of Representatives passed a resolution on November 30 to force rail worker unions to accept an agreement negotiated in September by the White House. The Senate is expected to quickly consider the measure next.

The Water Sector Coordinating Council (WSCC) met on November 15 to discuss issues related to the security and emergency preparedness of the water sector, particularly cybersecurity and supply chain issues. The WSCC also met with the Water Government Coordinating Council (GCC) the following day.

On November 29th, U.S. EPA announced the release of $52 million in grants to states to improve essential stormwater infrastructure, reduce sewer overflows and invest in water reuse projects. States must apply to EPA to secure the funding for projects in their local communities, so clean water agencies interested in this program should contact their state water financing authorities.

The White House released an updated version of its Justice40 screening tool on November 22, the Climate and Economic Justice Screening Tool (CEJST 1.0), to incorporate new data and improvements aimed at ensuring historically disadvantaged communities see the benefits of climate and infrastructure investment.

NACWA, along with the Water Environment Federation, the American Water Works Association, the US Conference of Mayors and the National League of Cities, wrote EPA Administrator Michael Regan and the Acting Administrator of the White House’s Office of Information and Regulatory Affairs (OIRA), Dominic Mancini, November 10 to raise concerns with EPA’s revised Financial Capability Assessment Guidance.

NACWA’s Board of Directors and many leaders of the Association’s standing committees met this week in St. Pete Beach, Florida for their annual Leadership Meeting. The event provides an opportunity for NACWA’s utility leadership to discuss key issues facing the Association and clean water sector and plan for the year ahead.

NACWA took part this week in the 2022 Water Environment Horizon Conference in Austin, Texas to discuss clean water legislative and regulatory efforts happening at the federal level. The conference was hosted by the Water Environment Association of Texas (WEAT) and the Texas Association of Clean Water Agencies (TACWA).

In comments filed with EPA this week, NACWA expressed serious concerns with the Agency’s proposal to designate two PFAS substances – PFOA and PFOS – as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and encouraged EPA to take steps to shield clean water utility ratepayers from liability for PFAS cleanups.

Every election cycle update comes with the key caveat or warning that results are still incoming, and that readers should expect the potential for changes. That sentiment could not be more true when analyzing the election that took place on Tuesday. However, the current results suggest that there should be limited disruptions or changes to who holds key positions overseeing programs critical to the public clean water sector.

Under the Safe Drinking Water Act, the U.S. Environmental Protection Agency (EPA) every 5 years is required to publish a list of unregulated chemicals that are known or anticipated to occur in drinking water and may pose risks.

NACWA is pleased to announce that this month a special feature on biosolids will air on the Public Broadcast Service (PBS) Viewpoint with Dennis Quaid.

Last week, U.S. EPA released additional guidance, Build America, Buy America Act Implementation Procedures for EPA Office of Water Federal Financial Assistance Programs, related to the Build America, Buy American Act (BABAA) changes that were made in the Bipartisan Infrastructure Law (BIL).

NACWA and other water sector associations sent a joint letter to the White House on Nov. 4 asking for intervention to avert a rail worker strike in early December. A strike was averted in September when the White House negotiated a potential agreement with rail worker unions. However, the agreement has not been ratified by all the unions, leaving open the possibility of a strike.

On November 4th, the U.S. Environmental Protection Agency (EPA) announced the selection of 29 Environmental Finance Centers (EFCs) that will help communities across the country access federal funding for infrastructure and greenhouse gas reduction projects that improve public health and environmental protection.

NACWA reminds all of its members that the next few days are the last chance to file comments on EPA’s proposed rule to list PFOA and PFOS – the two most common PFAS chemicals – as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The comment deadline remains Nov. 7 after EPA recently denied multiple requests for a deadline extension.

NACWA and the Association of Metropolitan Water Agencies (AMWA) sent a joint letter last week to House and Senate Appropriations Committee Leadership requesting the highest level of Fiscal Year 2023 (FY23) funding for the Drinking Water and Clean Water State Revolving Funds (SRFs) and to fund an EPA pilot program for low-income water customer assistance.

NACWA sent a letter to U.S. EPA Nov. 1 that outlined a set of clean water technology principles and policy recommendations to ensure enhanced collaboration with the federal government in developing and deploying innovative technologies to help clean water agencies better and more cost-effectively meet growing 21st century challenges.

During the pandemic, NACWA has engaged with the National League of Cities (NLC) to share information regarding the growth of wastewater-based epidemiology. The NLC is launching a new initiative and is seeking interested POTW and local governments to participate. A synopsis of this effort and contact information is below for interested utilities.