Washington Report – December 16, 2024

The APWA Washington Report will next be published January 13. The 119th Congress will be sworn into session on January 3 and President-elect Trump will be inaugurated January 20.

Follow APWA Government Affairs on X and LinkedIn to stay on top of public works related developments. Best wishes for a happy and safe holiday season.

Latest News

Last Week of Session for 118th Congress

The House and Senate need to pass another continuing resolution (CR) this week to keep the federal government fully funded as the current CR expires Dec. 20;
A 3-month CR is widely expected to be passed by both chambers to avoid a government shutdown before the holidays;
Reportedly, disagreements remain over disaster aid funding to support communities devastated by hurricanes earlier this fall, farm aid, and funding to rebuild the Francis Scott Key bridge that was hit in March by a container ship causing its catastrophic collapse;
This week is expected to be the legislative conclusion of the 118th Session of Congress, and the 119th Congress will be sworn into office Jan. 3;
APWA Government Affairs will continue to be active over the coming weeks posting useful information through our X and LinkedIn social media accounts and updating opportunities from the Infrastructure Investment and Jobs Act on APWA’s U.S. Infrastructure Law: Resources for Public Works webpage.

President-Elect Trump Announces Key Appointments

Listed below are key nominees (agencies and positions impacting public works and infrastructure) put forward by President-Elect Trump. Some of the positions require confirmation by a majority of the U.S. Senate:
- Department of Transportation (DOT) Secretary – former Wisconsin Congressman Sean Duffy
- Environmental Protection Agency (EPA) Secretary – former New York Congressman Lee Zeldin
- Department of Homeland Security (DHS) Secretary – South Dakota Gov. Kristi Noem
- Department of Commerce Secretary – Howard Lutnick, currently CEO of Cantor Fitzgerald
- Attorney General – former Florida Attorney General Pam Bondi
- Chair of the Federal Communications Commission (FCC) Commissioner – FCC Commissioner Brendan Carr
- Department of Interior (DOI) Secretary – North Dakota Gov. Doug Burgum
- Department of Education (DOE) Secretary – Linda McMahon, who served as head of the Small Business Administration (SBA) during Trump’s first term
- Department of Labor (DOL) Secretary – Lori Chavez-DeRemer, currently the Congresswoman for Oregon’s 5th congressional district
- Small Business Administration (SBA) Administrator – former Georgia U.S. Senator Kelly Loeffler

Lawsuit Filed Against EPA’s Revised Lead & Copper Rule

The American Water Works Association has sued EPA over its rule requiring the removal of nearly all lead from water systems within a decade;
The group said it supports the goal of removing lead pipes as quickly as possible but argued the EPA rule would make water rates unaffordable for many U.S. customers
- They also raised concerns about obligations it could face under the rule for pipes on private property along with complying with other recently finalized rules
The costs of removing lead from the nation’s drinking water systems will outpace the $15B secured for the work in the bipartisan infrastructure law, with some projections more than $42B;
The petition for review, filed with the U.S. Court of Appeals for the D.C. Circuit, is the first legal challenge to the regulation
- The deadline for challenges is today with additional suits possible
It is unclear how the Trump administration will approach the rule;
Because the Biden rule was finalized in October, it is eligible for expedited repeal under the Congressional Review Act though it is unclear whether Congressional Republicans want to vote for repeal rather than pursue administrative changes.

EPA Reports Highlight Successes and Challenges for EPA

EPA announced its Enforcement and Compliance Assurance Annual Results, and its Inspector General released its Semiannual Report to Congress;
The reports’ breakdown: inspections conducted, reductions in pollution, enforcement actions taken, and instances of waste or fraud along with savings achieved for taxpayers and recommendations for changes in agency procedures;
While EPA has made progress, concerns remain about the spending of funds under the Inflation Reduction Act due to a lack of an accompanying boost in oversight when the law was passed and a rush to get those funds out the door as the incoming Trump administration seeks to further scrutinize these dollars.

EPA Finalizes Rule on New Chemical Reviews

The final rule is the framework the new chemicals program (NCP) follows when determining if a chemical poses any health or environmental risks before it’s introduced for use in products;
EPA said the rule is similar to the proposed rule from May 2023 despite suggested alterations by chemical manufacturers and environmentalists;
The rule also makes PFAS “categorically ineligible” for any low-volume or low-exposure exemptions, deemed a loophole by certain activists;
The rule lays out how EPA is implementing major amendments passed in 2016 to the Toxic Substances Control Act, which added a new mandate to review the risks of every new chemical
- Prior to this, EPA only reviewed approximately 20% of new chemicals, selected for assessment on a case-by-case basis
EPA has faced troubles trying to meet the 90-day deadline or 180 days for an extension, creating a backlog that EPA attributes to underfunding, understaffing and data gaps left on submissions from manufacturers.

FEMA Releases Updated National Disaster Recovery Framework

The Federal Emergency Management Agency (FEMA) released an updated National Disaster Recovery Framework (NDRF);
The NDRF provides guidance on the federal government’s roles and responsibilities for organizing and deploying disaster recovery assistance;
The revised NDRF is designed to streamline and improve collaboration among federal agencies and state, local, territorial governments, and Tribal Nations, by more clearly defining roles and responsibilities during declared disasters, while also providing a reference for nongovernmental partners.

CISA, EPA Release Fact Sheet on Risks to Water and Wastewater Sector

The Cybersecurity Infrastructure and Security Agency (CISA) and EPA have released a fact sheet on Internet-Exposed HMIs Pose Cybersecurity Risks to Water and Wastewater Systems;
The fact sheet offers recommendations for water and wastewater systems facilities to limit the exposure of human machine interfaces (HMIs) and securing them against malicious cyber activity;
HMIs allow operational technology owners and operators to read supervisory control and data acquisition systems connected to programmable logic controllers.

Reminder: Action Alert Open to Provide Liability Protections for Water Infrastructure from Misguided PFAS Lawsuits

Congress is waiting to hear from you about legislation impacting water infrastructure;
Contact your members of Congress and urge them to cosponsor the Water Systems PFAS Liability Protection Act;
The legislation is consistent with APWA’s policy priorities to engage “passive receivers” of PFAS like water systems to protect them from being subject to unfair litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);
Text PWX to 52886 if you aren’t receiving APWA action alerts; if you have already participated, thank you and please share this information with others.

On the Horizon

All times ET.

Dec. 19 at 1 p.m., CISA will host a webinar to promote cybersecurity within the emergency services subsectors by increasing awareness of the various tools and guidance that stakeholders provide for their local communities.