The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the January 2022 Regulatory Update.

NACWA sent a letter to Congressional Leadership and key committees of jurisdiction Jan. 21. urging that clean water remain a key component of the Build Back Better (BBB) Act, also known as the reconciliation package, as negotiations resume.

NACWA this week joined the Edison Electric Institute (EEI) on an amicus brief to the U.S. Supreme Court in the ongoing litigation over EPA’s regulation of greenhouse gasses (GHGs) under Section 111(d) of the Clean Air Act (CAA). EEI represents U.S. investor-owned electric utilities.

NACWA utility representatives, along with representatives from the Association of Clean Water Administrators (ACWA), met with EPA’s Office of Wastewater Management on January 25 to discuss cybersecurity at clean water utilities.

The U.S. Supreme Court earlier this week granted review in litigation over the scope of federal Clean Water Act (CWA) jurisdiction over “waters of the United States” (WOTUS) in the case of Sackett v. EPA.

As part of an ongoing series of region-specific meetings, NACWA was joined by a number of member and nonmember utilities via a virtual meeting on Jan. 21 to discuss a range of issues facing Region 8 utilities.

NACWA met with the Government Accountability Office (GAO) Jan. 20 to provide input on a report regarding how EPA has addressed combined sewer overflow (CSO) issues around the country. GAO initiated the report at the request of a number of members of Congress.

The following is a letter from National Association of Clean Water Agencies (NACWA) CEO Adam Krantz urging passage of investments in water resilience.

NACWA continues to seek member feedback on EPA and the Army Corps of Engineers’ (USACE) proposed Revised Definition of “Waters of the United States” (WOTUS), published in the Federal Register on December 7, 2021.

Monitoring raw wastewater influent to identify the distribution of viral diseases, such as COVID-19, continues to show its value over the course of the pandemic. With the most recent spike in infections, public health officials have been able to track the underlying omicron variant in wastewater to help understand the extent and duration of community outbreak.

The Responsible Flushing Alliance is conducting the #FlushSmart consumer education campaign in California that is required by the new California wipes law. The campaign focuses on not flushing baby wipes and other non-flushable wipes, as well as other products that can cause or contribute to clogs and other problems in sewer systems, such as dental floss, cotton swabs, and paper towels.

Both chambers of Congress are back in session this week, but negotiations on the Build Back Better (BBB) Act remain on hold as the Senate’s focus has pivoted to voting right legislation for the time being.