» Clean Water Current Archive

January 21, 2011

Senator Kirk to Introduce Great Lakes Anti-Blending Legislation Next Week; NACWA to Seek Key Changes and Push for EPA Sanitary Sewer Policy

This week NACWA learned that Senator Mark Kirk (R- Ill.) will introduce the “Great Lakes Water Protection Act of 2011” early next week.   The legislation will seek to prohibit publicly owned treatment plants from intentionally diverting waste streams to bypass any portion of a treatment facility at the treatment works, if the diversion results in a discharge into the Great Lakes. This prohibition includes the practice of peak flow diversions or blending.  NACWA is working within a narrow time window to recommend changes to the legislation before introduction.  The Association will also have the opportunity to make additional revisions should the bill advance to the Senate Environment & Public Works (EPW) Committee.  NACWA is encouraging Senator Kirk to shift his sights toward the Administration – and advocate for a consistent and holistic EPA policy on sanitary sewer issues, including blending – rather than advancing a regional legislative approach.  At the same time, NACWA will meet with Nancy Stoner, the recently-appointed Acting Assistant Administrator for Water, in the coming weeks to urge a final determination by the Agency on whether it will move forward with a comprehensive sanitary sewer policy.  NACWA will provide updates to the membership on all key developments as they occur.

Court Rules on EPA Incineration Rule Extension Request, Sets New Deadline of Feb. 21

A federal court in Washington, DC issued an order Jan. 20 rejecting EPA’s request for a six month extension of the deadline to publish a final Sewage Sludge Incineration (SSI) rule under the Clean Air Act (CAA), and instead granted only a one month extension to February 21.  In making its decision, the court concluded that EPA had failure to present sufficient evidence as to why an additional six months would be needed to respond to public comment on the rule.  The court also noted that EPA has received numerous extensions in the past regarding publication of the rule and stated that because the CAA imposes a non-discretionary requirement on the Agency to publish the rule, only a one month extension was warranted.  The ruling comes in response to a motion filed last month by EPA asking for the SSI rule deadline to be moved to July 2011 to give the Agency sufficient time to respond to public comment on the rule.  NACWA supported EPA’s motion in a separate memorandum filed with the court.

NACWA is disappointed in the court’s ruling and believes the six month extension, as requested by EPA, was appropriate.  However, NACWA has already begun discussions about how to address the rule once it is final, and there are a number of options on the table.  One potential response would be to petition EPA to reconsider the rule once it is final, something the Agency – in its own press release announcing the one-month deadline extension – said it was amenable to considering.  If EPA were to grant such a petition, the Agency could potentially delay implementation of the rule while reviewing the substance of the rule itself and possibly seek additional public comment.  NACWA will further investigate this potential course of action.  Other potential responses include filing a formal legal challenge to the finalized rule through the federal court system, as well as seeking congressional review of the final regulation.  NACWA’s Biosolids Management and Legal Affairs Committees will be discussing these issues in more detail at the upcoming NACWA Winter Conference in Ft. Lauderdale.  We will keep the membership updated on any developments.

NACWA Submits Additional Comments on Stormwater Rule to EPA

NACWA submitted comments to EPA Jan. 21 regarding the Agency’s ongoing rulemaking process to develop a new national stormwater rule. The comments express support for the use of innovative techniques to address stormwater runoff issues, but caution EPA against proposing an overly restrictive rule that would impose unnecessary economic burdens on municipal stormwater utilities.  NACWA’s comments acknowledge the need to better address the water quality problems created by urban stormwater runoff and support the concept of new development and redevelopment performance standards to better control stormwater onsite, provided such standards are developed in an appropriate manner.  At the same time, NACWA expresses concern with EPA’s plan to include urban stormwater retrofits as part of the proposal, noting that such a requirement will place significant economic challenges on communities at a time when many municipalities are facing severe budget shortfalls.  If EPA chooses to proceed with a retrofit requirement, NACWA’s comments encourage the Agency to provide municipalities with a significant period of time – to both plan and implement a retrofit program – given the significant cost involved.

The comments were filed in response to a federalism consultation NACWA attended last month where EPA provided a presentation on some of the current options the Agency is considering.  This is the third time NACWA has commented on the rulemaking process, with previous comments filed last year in February and December.  Copies of its previous submissions were attached to the letter NACWA submitted today.  A copy of NACWA’s most recent comments will be available on the Association’s Stormwater Management website early next week.

NACWA Participates in DEA Meeting on Unused Pharmaceutical Disposal

NACWA, accompanied by Dave Galvin, Hazardous Waste Program Manager for its member King County Department of Natural Resources & Parks, provided input during a two-day public meeting sponsored by the Drug Enforcement Agency (DEA) to discuss development of regulations for the safe disposal of unused pharmaceuticals by consumers and long-term care facilities.  The DEA is developing these regulations to implement The Secure & Responsible Drug Disposal Act of 2010 (S. 3397), which encourages the Attorney General to establish regulations that prevent diversion of controlled substances while still allowing development of  a variety of collection methods in a secure, convenient, and responsible manner.  Many NACWA members are involved with pharmaceutical take-back programs, but the programs are hampered by restrictions of The Controlled Substances Act, such as the requirement that controlled substances only be turned over to a law enforcement officer.

NACWA’s comments at the meeting focused on the need for disposal options that are convenient for consumers to use and protective of the environment.  Although DEA’s focus is primarily on preventing diversion of controlled substances, most of the speakers at the meeting recognized that flushing is not an environmentally-protective method of pharmaceutical disposal and recommended more widespread take-back programs.  Although collection and incineration of unused pharmaceuticals is the preferred disposal method,   several government agencies continue to recommend disposal in the garbage. This method, however, is not protective of the environment because pharmaceuticals have been detected in landfill leachate that is often conveyed to wastewater treatment facilities.  NACWA also urged all government agencies to be consistent with their pharmaceutical disposal recommendations, as stated in prior correspondence to EPA.

NACWA, through its Targeted Action Fund (TAF), has supported a Product Stewardship Institute (PSI) project to study disposal options for pharmaceuticals.  The Association is supporting PSI’s recommendations for take-back programs through the mail, and at retail pharmacies and other community facilities.  PSI has also recommended that EPA be consulted in the development of new regulations so that the goals and requirements of the Clean Water Act, the Resource Conservation & Recovery Act, and the Solid Waste Disposal Act are met.

DEA will consider the input it received through the public meeting, and in written comments, when drafting a proposed rule.  The public will be given the opportunity to comment on their proposal.  DEA does not yet have a schedule for this rulemaking, but gave assurances that the Agency was moving as quickly as possible.  NACWA will follow DEA’s work and keep members informed of new developments.

NACWA Supports California Member Agencies in Letter on Whole Effluent Toxicity

NACWA sent a strongly worded letter today to the California State Water Resources Control Board (SWRCB or Board) expressing significant concerns with the Board’s proposed Policy for Toxicity Assessment and Control. NACWA noted in its letter that the proposed policy will have immediate consequences for clean water agencies in California, “and will potentially set a dangerous precedent that could ultimately impact utilities in other states.”  The letter sets out a number of concerns with the proposal, noting that “while NACWA has had concerns with the entire suite of WET methods and endpoints, the Association’s primary focus continues to be on chronic toxicity issues where permit compliance or reasonable potential determinations may be more a function of the method itself, rather than effluent quality.”  The letter focuses on concerns with the Test of Significant Toxicity (TST) approach, focusing on the unacceptably high rate of false positive tests and the potential compliance ramifications to California’s and the Nation’s utilities.  NACWA will keep members apprised of developments in the California SWRCB’s policy efforts.

Have You Talked Clean Water Act Affordability with Your Members of Congress?

Join NACWA on March 1-2 to Make the Case for Reality-Based Clean Water Policies

Join us in Washington, DC, March 1-2, for NACWA's Money Matters Summit & Fly-In.  The need for a sound approach to prioritizing clean water investment is more palpable and compelling to local, state and national policymakers than at any time in several decades – so don't miss this opportunity to discuss your agency's challenges with key federal representatives!  U.S. Representatives Steven LaTourette (R-OH) and Donna Edwards (D-MD) are already confirmed to take part in the Summit, which brings clean water agency leaders, key stakeholders and experts, as well as EPA and Congressional policymakers together to discuss real-world municipal Clean Water Act financial and affordability challenges and solutions. Registration is complimentary to NACWA Member Agencies. To register for the Money Matters Summit & Fly-In and for additional information, visit NACWA's website.