During the National Water Policy Fly-In on April 17 – part of Water Week 2018 – EPA’s Assistant Administrator for the Office of Water, David Ross, announced that the Agency is beginning a rulemaking to address the management of peak wet weather flows with blending.
In comments last year on regulatory reform, NACWA asked EPA to apply the 2013 8th Circuit decision in Iowa League of Cities v. EPA nationwide. This decision struck down EPA’s regulation of blending because it was imposing requirements without the necessary procedure of notice and comment, and the court also said that EPA’s action illegally imposed secondary regulations on flows within the treatment plant. EPA has applied this decision only within the 8th Circuit.
EPA is planning extensive stakeholder outreach over the summer, with a proposed rule potentially completed by the end of the year. NACWA will be meeting with EPA next month to discuss plans for the rule and how NACWA members can best provide input while EPA is considering the content of its proposal. Utility members who would like to be involved with the Association’s work on this issue should contact Cynthia Finley, NACWA Director of Regulatory Affairs.