NWC NEWS ALERT (March 20, 2024)

Dear NWC members,

We want to express our sincere gratitude to all those who joined us for NWC’s 2024 Legislative Summit in Washington, DC, last week (March 11-13, 2024). This Summit proved to be both insightful and engaging, bringing together a diverse array of federal, state, and local experts to delve into a wide spectrum of issues affecting the water and waterways sector. Attendance surpassed expectations, with over 170 enthusiastic registrants and participants. For a recap of this Summit, check out the NWC website. A huge thanks to all! Information, including registration, on the 2024 Annual Meeting (Sept. 18-20, 2024; New Orleans) will be coming soon.

During the Legislative Summit, we touched on a few issues facing Congress this term. This week, Congress is at another pivotal moment for the last set of FY2024 appropriations bills that are slated to expire this Friday. Already speculated has started on whether Congress will be able to pass all the bills by Friday or whether a bill will need to be separated. Read more about it in the Congressional Spotlight.

On the federal agency front, agencies have several meetings, regulations, and other things coming down the pike. Read about it in the  Federal Agency Spotlight.

Curious about what NWC members are focusing on? Check it out in our Member Spotlight.

Finally, a shout-out to our two newest NWC members, Texas International Terminals and Caddo Lake Institute! Read more about them under our New Member Spotlight and be sure to say “hi.”

As always, if you have questions, comments, or suggestions,  please do not hesitate to contact me.

Julie Ufner

NWC

NEW MEMBER SPOTLIGHT

NWC WELCOMES NEW MEMBER TEXAS INTERNATIONAL TERMINALS! As part of the backbone of global trade and the global economy, Texas International Terminals plays an essential role in the growth and sustainable development of countries around the world. We do so by shipping ethanol that is blended into gas for vehicles that transport people and products, by moving fertilizer used to grow food for the world, and by transporting soda ash that is used in the manufacture of glass and production of sealants, glues, and detergents. These critical items all help move the world forward.

NWC WELCOMES THE CADDO LAKE INSTITUTE, INC! The Caddo Lake Institute is proud to work with local communities, organizations, and others to protect the unique treasure that is Caddo Lake. Together we are addressing issues such as the need to return healthy flows of water to Caddo Lake, restore water quality in the watershed, control invasive species, and conserve significant lands. That work has included the designation of wetlands at Caddo Lake as “Wetlands of International Importance” under the Ramsar Convention, an international treaty created in 1971. A healthy watershed supports wildlife and animal habitats, recreation, and the local economy.

MEMBER SPOTLIGHT

EPA STRENGTHENS RISK PLANNING AND MANAGEMENT REQUIREMENTS FOR INDUSTRY. According to a March 5, 2024, blog post by Van Ness Feldman, in early March, the EPA released new, tighter requirements for storage and management of certain hazardous chemicals in their Risk Management Program. This rule will impact any industry and/or facility that stores and uses hazardous materials. Under EPA’s calculations, approximately 11,740 facilities will likely be impacted.

 RECENT CORPS OF ENGINEERS PROPOSAL LIKELY MEANS “SIGNIFICANT IMPACT” ON FEDERAL WATER PROJECTS. A Dawson & Associates blog post digs deeper into how the proposed rule on Principles, Requirements, and Guidelines may impact water resource infrastructure projects.

 THE BIDEN ADMINISTRATION TAKES ACTIONS TO BOLSTER MARITIME CYBERSECURITY. In a blog post from K&L Gates, they examine several recent governmental actions to address maritime cybersecurity issues. This includes the U.S. Coast Guard’s Maritime Security Directive 105-4, President Biden’s Executive Order on cybersecurity threats and a USCG rulemaking.

WHITE HOUSE PHASE II NEPA RULE REACHES ANOTHER PROCESS MILESTONE. This blog post, by Dawson & Associates, examines the impact of the next stage of National Environmental Policy Act (NEPA) rulemaking.

MEMBER SPOTLIGHT

EPA STRENGTHENS RISK PLANNING AND MANAGEMENT REQUIREMENTS FOR INDUSTRY. According to a March 5, 2024, blog post by Van Ness Feldman, in early March, the EPA released new, tighter requirements for storage and management of certain hazardous chemicals in their Risk Management Program. This rule will impact any industry and/or facility that stores and uses hazardous materials. Under EPA’s calculations, approximately 11,740 facilities will likely be impacted.

RECENT CORPS OF ENGINEERS PROPOSAL LIKELY MEANS “SIGNIFICANT IMPACT” ON FEDERAL WATER PROJECTS. A Dawson & Associates blog post digs deeper into how the proposed rule on Principles, Requirements, and Guidelines may impact water resource infrastructure projects.

THE BIDEN ADMINISTRATION TAKES ACTIONS TO BOLSTER MARITIME CYBERSECURITY. In a blog post from K&L Gates, they examine several recent governmental actions to address maritime cybersecurity issues. This includes the U.S. Coast Guard’s Maritime Security Directive 105-4, President Biden’s Executive Order on cybersecurity threats and a USCG rulemaking.

WHITE HOUSE PHASE II NEPA RULE REACHES ANOTHER PROCESS MILESTONE. This blog post, by Dawson & Associates, examines the impact of the next stage of National Environmental Policy Act (NEPA) rulemaking.

CONGRESSIONAL SPOTLIGHT

Overview. Congress has been facing a plethora of issues within the past few weeks, including the race to the finish FY2024 appropriations funding, the introduction of the FY25 Presidential Budget, along with key topic issues with border security, Ukraine, and Israel. Concurrently, since the beginning of the 118th Congress in Jan. 2023, the House Republicans have faced a shrinking majority with intraparty disagreements on key issues. There is also a small margin of error in the Democratically led Senate with 48 Democrats (plus three independents who caucus with the Democrats to 49 Republicans.

Congress faces multiple deadlines on FY2024 appropriations.  With another possible government shutdown looming less than three days away, Congress is under immense pressure to finalize the rest of the FY2024 appropriations bills. The appropriations process has been interesting, with several extensions (aka continuing resolutions/CRs). As reported in other Federal Spotlights, Congress split the 12 FY2024 appropriations bills into two funding packages of six bills each.  The first tier passed on March 8, including U.S. Army Corps of Engineers civil works funding. However, the second tier, including the Department of Homeland Security and Department of Defense funding, is set to expire this Friday (March 22).  While Congressional leaders announced an agreement yesterday, the bill text has not been released, leading to complications with House rules which give members 72 hours to review. Additionally, earlier in the week, 42 House Republicans sent a letter in concern on border security issues, which casts doubt on final passage.

President’s FY2025 budget released. On March 10, President Biden released his budget request for fiscal year 2025, which starts on Oct. 1, 2024. While largely symbolic in nature, the budget request lays out the administration’s funding and policy priorities for FY2025 and jump-starts the process on Capitol Hill. In the coming weeks and months, both the House and Senate will hold numerous hearings with agency leaders on the budget requests before the appropriations chambers start to draft the 12 bills.

 

FY2025 USACE Civil Works Budget Request: The President’s FY2025 requests $7.22 billion for the U.S. Army Corps of Engineering Civil Works (Corps) program, which includes $3.063 billion for commercial navigation, $1.585 billion for flood and storm damage reduction and $1.239 billion for aquatic ecosystem restoration.

According to a Corps brief, the proposed FY2025 budget includes:

  • Construction: The president’s FY2025 budget includes $2.037 billion for the Construction program. It includes $444 million for the South Florida Ecosystem Restoration (SFER) (Everglades program); $75.2 million for Columbia River Fish Mitigation; $500 million for the construction of a fish passage at Howard A. Hanson dam and $264 million for the Sault Ste. Marie replacement lock.
  • Operations and Maintenance: The O&M program would receive $4.344 billion under the president’s proposed budget. This includes $930 million for specific projects to maintain and improve navigation on the inland waterways; $33 million for operation and maintenance activities that are focused on climate resilience and/or sustainability; $50 million to mitigate for adverse impacts from existing Corps-owned projects and $28 million to install refueling infrastructure to support zero-emissions vehicles at Corps-owned projects. Finally, the O&M portion of the budget stresses that funded maintenance projects must reflect a risk-informed approach that weighs project components against the risk of a failure.
  • Investigations: The budget proposes $124 million for the Investigations program which includes $35.5 million for technical assistance to help communities, including disadvantaged communities address flooding risks due to climate change. Additionally, under Investigations, the budget includes funding for continued studies along the Great Lakes and central and southern Florida coasts on climate resilience.
  • Mississippi Rivers and Tributaries: The president’s budget gives $250 million for the MR&T account which the focuses on the lower Mississippi River and in the Atchafalaya Basin. Within the President’s budget, $16.5 million is proposed to dredge the Lower Mississippi River Main Stem project’s navigation channel and other funds the Corps can use in case of low water levels.
  • Harbor Maintenance Trust Fund: The proposed budget includes $1.726 billion from HMTF for eligible projects with a focus on O&M for completed projects. Additionally, the budget includes $1 billion to operate and maintain the top U.S. coastal ports that handle approximately 90% of the cargo shipped to/from the U.S. The HMTF part of the budget also includes $186 million for Great Lakes O&M projects, $73 million for Native American tribal projects in legally recognized historical fishing areas. $28 million for coastal dredge disposal projects, and $9.763 million for mitigating adverse impacts from navigation projects.
  • Flood Control and Coastal Emergencies: The president’s budget offers $45 million toward preparing and training Corps staff to respond after a flooding, hurricane, or other similar natural disaster.
  • Regulatory Program: The regulatory program would receive $221 million under the budget to help process permits in a timely manner.
  • Water Infrastructure Finance and Innovation: The president’s budget proposes $7 million, including $5 million for administration costs, for the Corps WIFIA program to subsidize funding at non-federal dam safety projects.
  • Inland Waterways Trust Fund: None.

Resources:

Congressional work is ongoing on the 2024 Water Resources Development Act (WRDA).  Work on the 2024 WRDA bill continues. Per other Federal Spotlights, the Congressional portals for members to submit study, project and policy proposals has closed. The Senate Environment and Public Works Committee received approximately 1100-1200 requests and the House Transportation and Infrastructure Committee received over 1800 requests. Both EPW and T&I are now combing through the proposals, consolidating duplications, and pulling out proposals that go beyond the authorities of EPW and T&I. For the remaining proposals, they will be sent to USACE for review and technical assistance. According to EPW and T&I staff, WRDA 2024 will be lighter on policy to give USACE time to implement WRDA 2022 and previous WRDA provisions. The goal for both chambers is to release a bill within the next several months with committee and floor action in the April/May/June time frame.

 House Committee passes Coast Guard Authorization Act and the FAST PASS Act this week.  On March 20, the House Transportation and Infrastructure Committee passed two waterways-related bills, the Coast Guard Authorization Act of 2024 (H.R. 7659) and the Facilitating Access to Swiftly Transport Goods During a Publicly Announced State of Emergency Situation Act (FAST PASS Act; H.R. 6140).

Past and Future Congressional Hearings and Markups of Interest:

FEDERAL AGENCY SPOTLIGHT

COAST GUARD

Meeting Notice. National Navigation Safety Advisory Committee Meeting. (In-person and Virtual, April 2-3, 2024).

The National Navigation Safety Advisory Committee (Committee) will conduct a series of meetings over 2 days in Bronx, N.Y. to discuss matters relating to maritime collisions, allisions, and groundings; Inland Rules of the Road; International Rules of the Road; navigation regulations and equipment; routing measures; marine information; and aids to navigation systems. All meetings will be open to the public. The meetings will be held on Tuesday, April 2, 2024, to Wednesday, April 3, 2024, from 8:00 AM to 5:30 PM ET.  Those who are looking to attend virtually must pre-register by Friday, March 29, 2024.

Meeting Notice. National Merchant Marine Personnel Advisory Committee Meeting (In person only, March 26-27, 2024)
The National Merchant Marine Personnel Advisory Committee will conduct a series of meetings over two days (March 26-27, 2024) in Edmonds, Wash. to discuss issues relating to personnel in the United States Merchant Marine including the training, qualifications, certification, documentation, and fitness of mariners. The meetings will be held at Compass Courses, additional information about the facility can be found here.

DEPARTMENT OF DEFENSE

Meeting Notice. Education for Seapower Advisory Board (In-person, April 4, 2024; Newport, Rhode Island)

The DoD is publishing this notice to announce that the Education for Seapower Advisory Board (E4SAB) will meet on April 4 in Newport, Rhode Island. The purpose of the meeting is to receive updates and discuss naval education programs, strategy and implementation, organizational management, and other matters of interest to the DoD, as determined by the Secretary of Defense, the Deputy Secretary of Defense, or the Secretary of the Navy (SECNAV).

 

DEPARTMENT OF THE INTERIOR

Request for Nominations. Invasive Species Advisory Committee (Nominations due April 29, 2024).

The U.S. Department of the Interior, on behalf of the interdepartmental National Invasive Species Council (NISC), proposes to appoint new members to the Invasive Species Advisory Committee (ISAC). NSIC provides interdepartmental coordination, planning, and leadership for the Federal Government on the prevention, eradication, and control of invasive species and ISAC advises NISC. According to the Federal Register notice, ISAC members need not be scientists. Instead, people from a wide range of backgrounds that know invasive species issues are encouraged to apply.

Notice of Contract Actions. Quarterly Status Report of Water Services, Repayment, and Other Water Related Contract Actions. 

The Department of Reclamation has been given proposed contractual actions to the Reclamation and new, discontinued, or completed since the last publication. This notice  is one of a variety of means used to inform the public about proposed contractual actions for capital recovery and management of project resources and facilities consistent with section 9(f) of the Reclamation Project Act of 1939. Additional announcements of individual contract actions may be published in the Federal Register and in newspapers of general circulation in the areas determined by Reclamation to be affected by the proposed action. 

ENVIRONMENTAL PROTECTION AGENCY

 

Notice. Proposed Information Collection Request; Comment Request; Clean Watersheds Needs Survey (comments due May 10, 2024)

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Clean Watersheds Needs Survey (CWNS) (Renewal)” (EPA ICR No. 0318.14, OMB Control No. 2040–0050) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA).  Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described within the notice. Comments must be submitted on or before May 10, 2024.

Information Request. Annual Public Water Systems Compliance Report (Comments due May 13, 2024)

The Environmental Protection Agency is planning to submit an information collection request (ICR), “Annual Public Water System Compliance Report” (EPA ICR No. 1812.08, OMB Control No. 2020–0020) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act.   Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, approved through November 30, 2024. Comments must be submitted before on or before May 13, 2024, at www.regulations.gov under Docket ID No. EPA-HQ-OECA-2020-0020.

Final Rule. Reconsideration of the National Ambient Air Standards for Particulate Matter (Final rule: May 6, 2024)

Based on the Environmental Protection Agency’s (EPA’s) reconsideration of the air quality criteria and the national ambient air quality standards (NAAQS) for particulate matter (PM), the EPA is revising the primary annual PM2.5 standard by lowering the level from 12.0 µg/m3 to 9.0 µg/m3 . The Agency is retaining the current primary 24-hour PM2.5 standard and the primary 24-hour PM10 standard. The Agency also is not changing the secondary 24-hour PM2.5 standard, secondary annual PM2.5 standard, and secondary 24-hour PM10 standard currently. The EPA is also finalizing revisions to other key aspects related to the PM NAAQS, including revisions to the Air Quality Index (AQI) and monitoring requirements for the PM NAAQS. The rule will go into effect on May 6, 2024.

Webinar. Renewable Fuel Standard (RFS) Regulatory Reform Rule Webinar (April 4, 2024, online)

EPA is hosting a public webinar to discuss the implementation of the Biogas Regulatory Reform Rule (BRRR) provisions promulgated as part of the Renewable Fuel Standard (RFS) final rule for 2023–2025 (the “Set Rule”). These regulatory provisions include registration and reporting, and updated regulatory provisions for the production, distribution, and use of biogas as a renewable fuel. The topics discussed will include an implementation timeline, overview for BRRR, alternative measurement protocols, and the Central Data Exchange registration for biogas producers, natural gas RNG producers, and more. The webinar will be held on April 4, 2024, from 1:00–4:30 p.m. ET.  Those looking to attend must pre-register by contacting Nick Parsons, in the Office of Transportation and Air Quality, Assessment, and Standards Division, at RFS-Hearing@epa.gov.

Grants. Applications open for two Clean Ports Program grants (notice of intent to apply, March 28, 2024; application deadline is May 28, 2024). In Feb., the EPA announced the availability of two Clean Port Program grants– Zero-Emission Technology Deployment Competition and the Climate and Air Quality Planning Competition. According to the EPA Clean Ports Program webpage, approximately $2.8 billion will be available for the Zero Emissions program and $150 million for climate and air quality planning.

FEDERAL EMERGENCY MANAGEMENT AGENCY

 Grant. FEMA Opens Application Period for $36 Million in Grants to Strengthen Community Resilience to Fire Prevention Programs (Due on or before Friday, April 12, 2024, at 5:00 PM E.T.)

FEMA Administrator Deanne Criswell announced the release of the funding notice and opening of the latest application period for the FY 2023 Fire Prevention and Safety (FP&S) grant program, which will award $36 million to strengthen community fire prevention programs and support scientific research on innovations that improve firefighter safety, health and well-being. To help keep communities and firefighters safer, FP&S funding is being made available directly to eligible fire departments, national, regional, state, local, tribal and non-profit organizations such as academic (e.g., universities), research foundations, public safety institutes, public health, occupational health and injury prevention institutions for fire prevention programs and firefighter health and safety research and development such as clinical studies that address behavioral, social science and cultural research. The application period will close on Friday, April 12, at 5 p.m. ET.  Grant information can be found online here.

MARITIME ADMINISTRATION (MARAD)

 Grant. Notice of Funding Opportunity for Port Infrastructure Program (Applications due May 10, 2024)

The Maritime Administration has published a Notice of Funding Opportunity for $500 million in Federal Fiscal Year 2024 funding for the Port Infrastructure Program.  This funding will help fund port infrastructure projects throughout the United States. The grant program opportunity is provided by the Maritime Administration and funds awarded for the PIDP are awarded competitively to improve the safety, efficiency, or reliability of the movement of goods in, and around or out of a port. Grants for the PIDP are due on May 10, 2024. Those looking to apply for the PDIP grant can do so under opportunity number MA-PID-24-001 at www.grants.gov.

OFFICE OF MANAGEMENT AND BUDGET

Request for Information. Methods and Leading Practices for Advancing Public Participation and Community Engagement with the Federal Government (comments due May 17, 2024).

The Office of Management and Budget (OMB) in partnership with Federal agencies and the public, is working to develop a government-wide framework, common guidelines, and leading practices for public participation and community engagement (PPCE or “participation and engagement”). Through this Request for Information (RFI), OMB seeks input on the experiences of individuals and organizations, including from underserved communities, with informing Federal Government decision-making and participating in engagement activities with government agencies; examples of leading practices in this space; and other recommendations on available methods, approaches, and tools that could assist in the effort to develop and implement a Federal framework for participation and engagement. OMB welcomes input from a wide and diverse array of stakeholders in the public, private, advocacy, not-for-profit, and philanthropic sectors, including State, local, Tribal, and territorial governments. Comments are due May 17, 2024.

U.S. CORPS OF ENGINEERS

Proposed Rule. Agency-Specific Procedures for the Principles Requirements and Guidelines. (Comments due April 15, 2024)

The U.S Amry Corps of Engineers is proposing a rule on Agency Specific Procedures for the or the Corps’ implementation of the Principles, Requirements, and Guidelines for water resources investments. This proposed rule establishes Agency Specific Procedures (ASPs) for the Corps’ implementation of the Principles, Requirements, and Guidelines for water resources investments. It provides a framework to govern how the Corps would evaluate proposed water resource investments, including identification of which Corps programs and activities are subject to the Principles, Requirements, and Guidelines. Comments must be submitted by April 15, 2024. NWC is currently working with their PR&G working group to craft comments—if you would like to be involved in this process—please reach out to Julie Ufner, NWC staff. We’d love your feedback.

Report. Section 7001 Report Released (2025 portal to open by May 1, 2024)

In February 2024, the U.S. Army Corps of Engineers sent their 2024 Sect. 7001 Report to Congress for potential inclusion in the new Water Resources Development Act authorization cycle for studies and projects.  According to the report, 29 proposals were received—15 proposals met the Corps criteria for inclusion in the report and 14 proposals did not meet the criteria. The report contains an appendix explaining what criteria were not met for the 14 projects. All 29 proposals are available on the Corps headquarters website. The proposal period for the 2025 Sect. 7001 report will open by May 1, 2024, and be open for 120 days.

Request for Information. New Draft Levee Safety Guidelines to be released April 1 (Public review requested/webinars available). As announced at the NWC 2024 Legislative Summit, the latest draft of the National Levee Safety Guidelines will be available for download on April 1. As part of this effort, USACE is holding several webinars to discuss both the overarching themes of the guidelines, as well as topic-specific sessions. NWC will be reconstituting our NWC Levee working group to craft comments—if you would be interested in serving on this working group, please send Julie Ufner an email.

Meeting Notices. Mississippi River Commission (in-person, April 8, 9, 10, and 12, 2024).

USACE announced they will be holding Mississippi River Commission meetings on April 8, 9, 10, and 12 respectively in different locations in Missouri, Tennessee, Mississippi, and Louisiana to discuss national and regional issues; District Commander’s overview of Memphis District projects; and a public comment section for the interested public. All meetings are open to the public.

Meeting Notice. Inland Waterways Users Board Meeting Notice. (Hybrid, Virtual and in-person, April 11, 2024)

The Department of the Army is publishing a notice to announce the Federal Advisory Committee of the U.S. Army Corps of Engineers Inland Waterways Users Board.  The Inland Waterways Users Board will be conducting a meeting from 9 AM to 2:00 PM ET on April 11, 2024. t this meeting the agenda will include an update on the Users Board Annual Report for 2023; the status of the Inland Waterways Trust Fund (IWTF); Fiscal Year 2024 funding for Navigation and the 2025 President’s Budget for Navigation; Recap of the 2023 Low Water event; update on the 2025 Capital Investment Strategy; update on Demopolis Lock and Dam, and more. The online virtual portion of the Inland Waterways Users Board meeting can be accessed at https://usace1.webex.com/ meet/ndc.nav, Public Call-in: USA Toll-Free 844–800–2712, USA Caller Paid/International Toll: 1–669–234–1177 Access Code: 199 117 3596, Security Code 1234.

NWC SPOTLIGHT

 Ongoing. NWC PR&G Working Group. NWC has convened a work group on the proposed Principles, Requirements and Guidelines rule to pull together comments for NWC. NWC created a high-level document that contains the proposed rule language with snippets of the intent (from the preamble of the rule) with the questions that USACE wants answered. However, keep in mind that this would be a completely new section of regulatory text, of which all would be open for comments. If you would like to be a part of this working group, please reach out to Julie Ufner.

INTERESTED IN FEDERAL POLICY ISSUES? Next NWC Legislative Policy Committee Monthly Meeting (Thursday, April 4 at 4pm ET). During these monthly meetings, someone (usually Julie) will give a 60,000 overview on what’s going on in DC that may impact the movement of water/waterways issues before diving into specific issues and having a member roundtable on issues they are following/working on. This call is open to all NWC members.

SAVE THE DATE. NWC Announces 2024 Annual Meeting location and date (New Orleans, September 18-20, 2024). Get ready, NWC will be holding their Annual Meeting in New Orleans on September 18-20, 2024. Registration will open after the Legislative Summit and more details to come soon.

NWC FEDERAL POLICY/ISSUE REQUEST FORM. Submit policy position requests to NWC.

With the invaluable assistance of NWC members Brad Pickel from the Atlantic Intracoastal Waterways Association and Kristin Meira from American Cruise Lines (also the chair of the Navigation Caucus), NWC has developed a form for members to submit federal policy requests. This streamlined process aims to help us better track issues of interest to the membership, enhance the quality of programming during caucus calls and NWC meetings, and allows us to weigh in more accurately and efficiently on federal legislation, regulations, and policies. Access the form at NWC Issue Submittal Form.