Kurt Spitzer, SESWA
In the November 2015 edition of The Forecast, we reported that SESWA had taken two actions in federal court challenging the rules of EPA and the ACOE that revise the definitions of waters of the United States or "WOTUS."  First, a Petition for Review was filed in the Sixth Circuit Court of Appeals in Ohio.  Second, a Complaint for Declaratory and Injunctive Relief was filed in the First District Court in Tallahassee.  The separate actions were necessary because of uncertainty that existed as to which court is the proper venue for challenging rules such as WOTUS.  

One year later, the venue issue has been resolved with the Sixth Circuit Court determined to be the correct jurisdiction.  The initial actions of SESWA and its local government co-petitioners have been consolidated with those of other regulated interests into the briefs of the " Business and Municipal Petitioners" which was filed November 1, 2016.

SESWA and the other local government interests filed their challenges because of the Rule's dramatic, negative effects on local government's ability to improve water quality and manage stormwater programs. See SESWA's Comments outlining YOUR perspectives on the rule's impacts.  The rules will actually diminish (not improve) an MS4's ability to improve surface water quality because the number of "jurisdictional" waters that the MS4 is responsible for are increased to such a degree that scarce fiscal resources will be diverted from worthwhile projects to those which have little benefit to the environment or human use.  

The Good News:  Enforcement of the rules remains postponed until a final decision is made by the Court, which is not expected until early summer of 2017.  In the meantime, SESWA is working with our members to ensure that your voice continues to be heard! 

Kurt Spitzer, SESWA
EPA Administrator Gina McCarthy signed the final MS4 General Permit Remand Rule on November 17, 2016, intending to satisfy a remand order from the US Court of Appeals for the Ninth Circuit.  More information may be found on SESWA's advocacy page.  The new rule stems from lawsuits first brought against EPA by the Natural Resources Defense Council over 12 years ago, arguing that "general permits" used by most states for small Phase 2 MS4s allowed the MS4s to design stormwater pollution control programs without adequate regulatory and public oversight, thus violating the Clean Water Act because the process did not require EPA to review the content of the MS4's Notices of Intent to discharge.  EPA's draft regulations revising the permit criteria for small MS4 jurisdictions were published in December 2015, which detailed one set of proposed regulations and narratively described two alternatives.  The Final Rule embraced what came to be known as "Option 3" or the "State Choice" alternative, allowing permitting authorities to choose between two alternative means of establishing permit requirements in general MS4 permits:  A "comprehensive permit" approach where the full set of requirements necessary to meet the CWA goal of reducing pollutants to the maximum extent practicable (MEP) are included; or a "two-step general permit," which is a combination of a base general permit plus additional provisions needed to attain MEP.  The rule signed by the Administrator represents the most flexible alternative considered by the Agency as far as NPDES program administrators and MS4 permit holders are concerned.   

Patrick Blandford, HDR
On October 27, 2016, EPA released new guidance to assist states and local governments in developing and implementing effective long-term stormwater programs.  The guide entitled " Community Solutions for Stormwater Manager: A Guide for Voluntary Long-Term Planning" provides a step-by-step process for laying out a path forward for cost-effective, sustainable and holistic solutions.  The draft guidance is being piloted in five communities throughout the country as part of a technical and financial assistance program whereby the communities will be beta-testers for an accompanying toolkit. 

Patrick Blandford, HDR
Joel Beauvais, Deputy Assistant Administer for the EPA, blogs on his recent memorandum calling for renewed action to reduce nutrient pollution and alleviate potential public health concerns.  The September 22nd memorandum on reducing nutrient pollution highlights recent examples of the continuing problem, a comprehensive understanding of all contributing sources, strategies for reducing loads, progress on nutrient criteria, and opportunities for financial assistance.  Increasingly at risk is not just aquatic ecosystem but the public health of American communities.  Along these same lines, the USGS published a report on Cyanobacterial Harmful Algal Blooms and US Geological Survey Science Capabilities as a primer on the impacts of nutrient pollution and risks to public health.  

Steve Leo, Gwinett County, GA
The Five Star and Urban Waters program will award approximately $2.5 million in grants nationwide in 2017. Projects may include a variety of ecological improvements including: wetland, riparian, forest and coastal habitat restoration; wildlife conservation; community tree canopy enhancement; and/or water quality monitoring and stormwater management; along with targeted community outreach, education and stewardship. Priority will be given to projects in urban, suburban and/or rural areas that advance water quality goals in environmental justice communities such as neighborhoods with high concentrations of minority and low-income populations. It is expected that at least 50% of awarded grants will support these communities.  View the 2017 Request for Proposals. An average award is $30,000. Projects are required to meet or exceed a 1:1 match ratio to be competitive.  Proposals must be submitted by Tuesday, January 31, 2017.