ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
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Hill Developments: Trump Cabinet Nominee Hearings Begin, Congress Names Key Committee Members
Among the numerous committee membership announcements: The House Transportation & Infrastructure Committee (T&I) announced new members including GOP Reps. Weber (R-TX), LaMalfa (R-CA), Westerman (R-AR), Smucker (R-PA), Mitchell (R-MI), Faso (R-NY), Ferguson (R-GA), Mast (R-FL), and Lewis (R-MN). New Democratic T&I members include Reps. Johnson (D-GA), Wilson (D-FL), Payne Jr. (D-NJ), Lowenthal (D-CA), Lawrence (D-MI), and DeSaulnier (D-CA). The Senate Environment & Public Works (EPW) Committee also named several new members, including newly-elected Democratic Sens. Duckworth (D-IL) and Harris (D-CA), and Republican Sen. Ernst (R-IA). The newest House Appropriations Committees members now include Republican Reps. Moolenaar (R-MI), Newhouse (R-WA) and Taylor (R-VA) and Democratic Reps. Meng (D-NY), Pocan (D-WI), Clark (D-MA), and Aguilar (D-CA). NACWA staff are working to reach out to new members of these key committees, which hold jurisdiction over clean water legislative and funding issues. And we encourage all NACWA members to reach out the representatives in their home districts and to meet with them during the Water Week Policy Forum and Fly-In taking place March 21-22. For more information, Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA Legislative Affairs Manager. States, EPA Host Talks to Help Communities-in-Need Finance Clean Water Infrastructure
EPA is currently compiling a best practices document entitled Financial Leadership for Water Infrastructure in Communities in Need that will focus on these areas. Last week’s meeting was intended to inform EPA and state environmental leaders as to what resources and approaches are available and working in the water sector and to identify potential additional outreach and approaches that EPA may need to explore. NACWA learned earlier this month that EPA is also working on a federal funding opportunities clearinghouse that will be launched later this year — an effort NACWA had planned to undertake for its members, but can now work directly with EPA to advance. NACWA plans to participate in the “beta test” of the clearinghouse and will alert the membership when it is ready for public use. For more information, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . NACWA and EPA Evaluate Proposed POTW Emissions Standards
During the conference call, EPA detailed the requirements of the proposed NESHAP and answered questions about it. The Air Quality Workgroup will be discussing the rule and what should be included in comments on the proposal, which are due February 27. NACWA will publish a detailed Advocacy Alert about the rule next week. NACWA members with questions or input for the Association’s comments should contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Supreme Court to Review Jurisdictional Question in WOTUS Litigation
The EPA and the US Army Corps of Engineers (Corps) released the final rule in May 2015, which is intended to clarify and, some argue, to redefine and expand - the scope of “the waters of the United States” subject to protection under the Clean Water Act (CWA). The rule has consumed much of EPA’s time over the last several years and has been the focus of intense controversy from a range of stakeholders, the majority of states, and Members of Congress. The rule was immediately challenged in several jurisdictions. The litigation pending in the Sixth Circuit is a multi-circuit case consisting of numerous consolidated petitions and will examine the merits of the rule. It is unclear at this point whether the Sixth Circuit case will proceed pending Supreme Court review of the procedural/jurisdictional queries. But the US Department of Justice filed its initial merits brief with the Sixth Circuit on January 13 as well. Opponents of the rule prefer resolution by district courts, while proponents prefer the appellate court. Following the Sixth Circuit’s February 2016 decision, district courts across the country have dismissed challenges to the rule on jurisdictional grounds (see Southern District of Ohio, Northern District of Oklahoma, and the District of Arizona). However, in the District of North Dakota, the August 2015 order finding jurisdiction and enjoining the Clean Water Rule stands. The Supreme Court’s decision to hear the matter is a win for opponents because it will likely allow litigants to delay further merits briefing before the Sixth Circuit and give more time for the Trump Administration to address the rule before a decision is rendered by a court. Oklahoma is one of the states challenging the rule. Oklahoma Attorney General Scott Pruitt, who will lead the EPA if confirmed by the Senate, has indicated that he will vacate the rule. Pruitt could request that the court grant a voluntary remand to EPA, which would allow the administration to resolve the matter by repealing or revising the regulation. However, there may be Administrative Procedure Act challenges to that approach. In the alternative, Congress could pass a bill to vacate the regulation. In the interim, EPA and the Corps are using recently issued Regulatory Guidance Letter (RGL) 16-01 to make CWA jurisdictional determinations. NACWA will continue to track developments around the rule and the litigation, and will provide updates as necessary to the membership. EPA Announces Interim Leadership
As expected, Mike Shapiro, Principal Deputy Assistant Administrator for the Office of Water, will be leading that office until a new Assistant Administrator for Water is confirmed, or until the Trump Administration places another individual into a leadership position. NACWA has a very good working relationship with Shapiro and will continue engaging with him and his staff on a number of critical regulatory issues during the transition period as appropriate. The EPA memo also identifies which individuals will be leading the various Regional offices in an interim capacity. NACWA will continue actively tracking any new political appointments to EPA, including potential nominees to lead the Office of Water, and will keep the membership updated on developments. Senate Environment & Public Works Committee Prepares for Pruitt Nomination
Mr. Pruitt has served as Attorney General of the State of Oklahoma since 2010. During his tenure, he has joined with other states and the energy industry in lawsuits against EPA’s Clean Power Plan, EPA’s methane regulations for the oil and gas sector, and other EPA rules. Unsurprisingly, his nomination has raised alarm among Democrats, environmental activists, and others. The Ranking Democrat on EPW, Sen. Carper (D-DE), said this week that Democrats may hold an additional hearing on Mr. Pruitt featuring outside witness testimony if they do not feel the scheduled Committee hearing is adequate. EPW Chairman, Sen. Barasso (R-WY) meanwhile has praised Pruitt as someone who can balance environmental and economic concerns. NACWA staff will monitor the hearing outcomes and insights into what a Pruitt-led EPA might mean for the clean water community. Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA Legislative Affairs Manager, with any questions. NACWA Coordinates Water Sector Groups on Shared Priorities
NACWA is helping to spearhead monthly meetings among the water sector organizations to ensure the highest level of collaboration possible and broad support for common advocacy priorities. For more information on this effort, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Report Takes Deep Dive into Water Affordability in the US
Drawing on numerous data sources, such as census tracts and the AWWA water and wastewater rate survey, the authors determined that “a household would need to make at least $32,000 per year” in order to adequately afford water services. Although 11.9% of households in the U.S. currently are unable to adequately afford their water services, the report noted that this figure could almost triple over the next five years based on rate increases for water services. Furthermore, the report determines that most high-risk areas for water affordability are in “pockets of water poverty” in urbanized areas. The report views affordability through an international lens by comparing case studies, as well as solutions, to instances abroad. Compared to other developed nations, the United States does not have well-developed federal policies to assist low-income affordability. Thus, as the nation’s leaders consider moving forward on plans to enhance critical infrastructure, they should be encouraged to give proper diligence to ensuring that everyone can afford to utilize our planet’s most vital resource — a point NACWA plans to advance vigorously early in the Administration.
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Winter Conference
Next Generation Compliance …Where Affordability & Innovation Intersect
February 4 – 7, 2017
Tampa Marriott Waterside Hotel
Tampa, FL