Outlook on President Trump’s second term and stormwater

Trying to predict the priorities and actions of a new political administration is always challenging. However, there is value in trying to prepare for what might be coming over the next few years. This forces us to be as policy ready as we can be, which helps us assume a proactive posture and take advantage of opportunities to advance priorities in our sector.

First, consider who is likely to be in leadership at the Department of Water in the U.S. Environmental Protection Agency (EPA). On February 11, President Trump nominated Jessica Kramer as EPA’s Assistant Administrator for the Office of Water, which is the highest political appointment on water within EPA. Kramer was a senior counsel to David Ross, who was the OW AA during President Donald Trump’s first term. OW priorities during the first term included the Waters of the United States (WOTUS) rule, the Water Quality Certification Rule, infrastructure investment spending, and water reuse.

Another potential source is Project 2025. A review of the section on water nested within the environmental chapter reveals topics and actions to be anticipated within Trump’s second term that could be directly tied to stormwater. The highest profile issue is a rulemaking on WOTUS, which is expected to be aligned with the recent Sackett v. EPA Supreme Court ruling that limits WOTUS to a definition of regulated waters to be “relatively permanent, standing or continuously flowing bodies of water.” This type of rulemaking is likely to face opposition from environmental groups, but it offers an opportunity to push for exclusion on WOTUS determinations for stormwater infrastructure. This is critical for nature-based infrastructure, which could be potentially identified under current rules as a WOTUS under certain conditions.

A second priority is incentive-based nutrient trading, which was an area of particular focus for the EPA in Trump’s first term. Again, this provides an opportunity for the stormwater sector to provide input to ensure that policies and rules developed on nutrient and water quality trading reflect early experiences with stormwater credit trading and recognize unique challenges and opportunities in applying market-based approaches in our sector. There may also be opportunities to advance application of public-private partnership approaches.

Third, Project 2025 refers to the Clean Watersheds Needs Survey (CWNS) as an “underfunded” program that should be targeted for increased fiscal support. The basis for this proposed increased funding is that it will help target federal support for states and regions that are in need. Considering the nearly 400% increased identification of needs in the stormwater sector in the 2022 CWNS compared to the prior survey performed in 2012, any action to direct funding in accordance with CWNS findings could ensure a greater share of state revolving fund and WIFIA resources are directed to support stormwater sector needs.

Fourth, Project 2025 argues that permitting processes for energy sector projects should be streamlined. It is likely the new administration will be interested in improving the efficiency of EPA and state permitting programs to enable innovative, high priority water solutions to be expeditiously implemented. This could provide opportunities to work with EPA and states to improve stormwater permitting to support cost-effective water quality protection investments and multiple-benefit stormwater projects.

Lastly, the Project 2025 document points out a need to focus on water workforce issues, flood control districts, and utilities is continuing drain institutional experience and knowledge. The 2022 WEF MS4 Needs Assessment Survey found that workforce resources is one of the top three needs and challenges for MS4s across the country. There is a need to bring more formalization of stormwater professionals at all levels as well as clearer career pathways for young workers and professionals to the stormwater sector.

Regardless of political leanings, any change in administration offers opportunities. It is incumbent upon us to find these opportunities and get engaged for the greater good of our sector.