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Nutrients, Nonpoint Source
Control &Watershed
Management
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NACWA intervened in federal litiga-
tion seeking imposition of numeric
nutrient criteria for all water bod-
ies in the Mississippi River Basin
(MRB), arguing against such action
and ensuring the interests of the mu-
nicipal clean water utility commu-
nity were aggressively represented.
The Association’s participation in
the
Gulf Restoration Network v. U.S.
Environmental Protection Agency (EPA)
lawsuit supports the Agency’s deci-
sion not to impose federal nutrient
criteria and will protect clean water
utilities in the MRB from potentially
millions of dollars of additional
costs needed to address federal
numeric limits. NACWA’s prominent
role on this issue highlighted the
need for a comprehensive approach
to nutrient impairment.
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NACWA responded aggressively to a
lawsuit filed by the Natural Resourc-
es Defense Council (NRDC) seeking
EPA action on their previous petition
for nutrient removal at all publicly
owned treatment works (POTWs) as
part of federal secondary treatment
requirements. NACWA engaged in
high-level discussions with EPA to
both ensure that the Agency has suf-
ficient time to respond, and reiterate
the Association’s strong opposition
to inclusion of nutrient removal
as part of secondary treatment.
As a result, the Agency secured
the time needed to respond to the
petition by the end of 2012.
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NACWA repeatedly filed briefs
in federal litigation over EPA’s
final Total Maximum Daily Load
(TMDL) for the Chesapeake Bay,
defending the Agency’s use of a
holistic watershed approach from
a challenge by agricultural groups.
NACWA’s briefs argued that EPA’s
inclusion of nonpoint sources in the
TMDL was legal, and highlighted the
significant economic and regulatory
challenges municipal point sources
dischargers in the Bay watershed
will face if nonpoint sources are not
part of the TMDL process.
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NACWA engaged staff leadership
from EPA and the Association
of Clean Water Administrators
(ACWA) in an active and ongoing
dialogue on the implementation
of numeric nutrient criteria. The
dialogue focused on existing Clean
Water Act tools – including vari-
ances that regulators may use – to
minimize impacts on clean water
agencies where water quality needs
may push control requirements
beyond the limits of technology.
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NACWA formed a Water Quality
Trading Working Group, to examine
emerging issues in water qual-
ity trading and how best to foster
successful water quality markets.
The Working Group completed a
review of EPA’s
2003 Water Qual-
ity Trading Policy
and provided the
Agency with its recommenda-
tions to strengthen the Policy.
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NACWA testified before the House
Transportation & Infrastructure
Committee’s Water Resources &
Environment Subcommittee on
the treatment of hydraulic fractur-
ing wastewater. In its testimony
the Association emphasized that
utilities should be able to accept
wastes that they can appropri-
ately treat – and that local limits or
national pretreatment standards
can be established to protect utility
operations and water quality.