» Update Archive

This edition of NACWA’s Legislative Update, current through February 16, 2011 provides information on the activities of the 112th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, click on the web links in selected news items, visit NACWA’s website, or contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or John Krohn at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Stormwater Management

President Obama Signs Key NACWA-Backed Stormwater Fee Legislation into Law

On January 4, 2011 President Obama signed into law legislation (S.3481) that reinforces the federal government’s responsibility to pay reasonable service charges to state and local governments to address stormwater pollution originating from federal properties.  NACWA made the legislation a top legislative priority during the 111th Congress and pressed hard for its passage.  NACWA worked with Senator Ben Cardin (D-Md.) and Representative Eleanor Holmes Norton (D-D.C.) to draft, introduce and build support for the legislation.  NACWA also led a municipal coalition that worked to push the bill to passage.  As you may recall, NACWA sent an Advocacy Alert on the new law highlighting NACWA’s leadership role in the bill’s passage as well as next steps that still need to occur.

The final legislation clarifies that federal agencies are responsible for paying all reasonable charges associated with local authorities’ implementation of stormwater management responsibilities required under the Clean Water Act (CWA).  It also specifies that as long as these charges are non-discriminatory, based on a fair approximation of the proportionate share of stormwater pollution contributed by the federal property and are used to pay for costs associated with any stormwater management program, then these fees must be paid by federal agencies.  This is the case regardless of whether the services are denominated as assessments, charges, fees, or taxes. 

Following the legislation’s passage, NACWA was asked to take part in a field hearing hosted by Senator Cardin.  Participants included Senator Cardin, Nancy Sutley, Chair of the Council on Environmental Quality (CEQ), Ken Kirk, Executive Director of NACWA, as well as a number of state and local officials.  The hearing highlighted the important role federal facilities must play as partners in local stormwater management efforts.  In his opening remarks at the hearing, Senator Cardin praised NACWA for its leadership and assistance in helping pass S. 3481 in the waning hours of the 111th Congress.  NACWA’s testimony  applauded Senator Cardin and the White House’s leadership in getting the legislation over the finish line and highlighted the importance of a strong federal/state/local partnership on CWA issues.  The legislation’s passage and the hearing garnered significant media attention in the Chesapeake Bay watershed and nationally.  Articles published on the issue can be found by scrolling through the NACWA in the News webpage.

The Department of Justice (DOJ) is expected to issue interagency guidance within the next two to three months outlining how federal agencies should implement the law and to what extent it will apply to current outstanding bills.  Another outstanding issue is whether agencies will be instructed to pay these fees out of existing accounts for operations or whether a specific appropriation will need to be sought. 

NACWA sent a letter  on Jan. 10 to the U.S. Department of Justice (DOJ) urging the Department to direct all federal agencies to pay for stormwater fees immediately, including all outstanding fees owed to local municipalities.  The letter also urged the Department to require agencies to pay local stormwater fees from existing budget accounts so that no further legislation is necessary. 

NACWA will share a copy of the guidance with its membership once it becomes available.

Farm Bill Reauthorization

NACWA Urges Member Agencies to Sign onto Coalition Letter Seeking Inclusion of Water Quality Concerns in the Upcoming Farm Bill

As Congress gears up to debate reauthorization of the Farm Bill, NACWA is helping to form a coalition of water, wastewater, conservation and state organizations to urge Congress to support policies that strengthen the links between agriculture and water quality with the primary focus being on meaningful reductions in nutrient run-off from agricultural lands.  As a first step in this effort, the coalition drafted and circulated a letter  with over 140 signatories urging Congress to “substantially improve our nation’s waters through the promotion of practices that improve the conservation performance of our farms and ranches.”  The letter will be sent to Congress this week and NACWA will circulate a final copy to its members once it is sent. 

To support this ongoing effort, NACWA has also convened a work group of its members, chaired by Kevin Shafer, Executive Director of the Milwaukee Metropolitan Sewerage District (MMSD), to provide input into the coalition’s work.  The workgroup has met twice and discussed various policy proposals to accomplish our goals.  If you are interested in participating in the workgroup, please contact NACWA’s Legislative Director, Pat Sinicropi, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Regulatory Prioritization/Affordability

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 policymakers.  U.S. Representatives Steven LaTourette (R-Ohio), Donna Edwards (D-Md.) and Earl Blumenauer (D-Ore.) are already confirmed to take part in the Summit, which brings clean water leaders, key stakeholders and U.S. EPA officials and congressional policymakers together to discuss 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.

NACWA Holds Capitol Hill Briefing for New Members of Congress

NACWA held a Feb. 11 briefing on the Clean Water Act (CWA) for new and returning Members of Congress' staff.  The briefing focused on the history of the CWA and how it is implemented.  The briefing also provided a regulatory and financial outlook for the Nation’s clean water agencies.  Ken Kirk, NACWA’s Executive Director, moderated the event which drew over 30 legislative staff from the House and Senate.  Panelists included NACWA President Jeff Theerman, Executive Director of the Metropolitan St. Louis Sewer District, who spoke on EPA’s expansive regulatory regime and highlighted the Association’s Money Matters — Smarter Investment to Advance Clean Water campaign.  Also presenting was NACWA’s Legal Affairs Committee Chair Lisa Hollander from the Northeast Ohio Sewerage District.  Lisa provided an overview of wet weather regulatory issues affecting clean water agencies including sewer overflows and stormwater management challenges.  Nathan Gardner-Andrews, NACWA’s General Counsel, provided an overview of the CWA’s structure from a legal perspective and Ken Rubin, Managing Director at Rubin Mallows Worldwide, provided an economist’s perspective on the trends in CWA investment and disinvestment as well as the corresponding connection to water quality improvement and decline.

The presentations were followed by a number of excellent questions on issues ranging from the costs of EPA’s numeric nutrient criteria in Florida, CWA statutory issues related to cost-benefit analysis, and the capability of clean water agencies to recover value from their waste streams and treatment processes, such as phosphorus and energy.     

The PowerPoint presentation used at the briefing can be found on NACWA’s website .  NACWA encourages its members to download the presentation and share it with your key elected and appointed officials.

Funding

NACWA Ramps Up Advocacy in 112th Congress for Federal Clean Water Funding

President Barack Obama emphasized rebuilding America in his second State of the Union address and called for renewed investments in  the nation’s infrastructure  to sustain economic growth and competitiveness, and provide  an engine for  job creation.   Immediately following the President’s remarks, NACWA issued a  statement urging the President to include clean water infrastructure investment in this discussion and to increase federal leadership and support for clean water investments.

 NACWA sent a letter  to Capitol Hill urging the 112th Congress to provide more robust funding for the Clean Water State Revolving Fund (CWSRF), beginning with supporting the President’s $2.1 billion fiscal year 2011 budget request and making a strong case for the economic benefits of water infrastructure spending.  The letter was circulated to all Members of Congress and their staff.  NACWA has also worked to organize a larger coalition letter  that sent a letter on February 16 to compel Congress to safeguard water infrastructure funding for the economic, environmental and public health benefits these investments provide. The Association of State and Interstate Water Pollution Control Administrators (ASIWPCA), the Water Environment Federation (WEF), the American Water Works Association (AWWA) and the Association of Metropolitan Water Agencies (AMWA) joined NACWA in signing onto this letter.

As these efforts continue, however, it is clear that future SRF funding remains an area that both the Administration and Congress are looking to for budget cuts.  The Obama Administration announced on Feb. 13 its fiscal year (FY) 2012 budget request, including a funding request of $8.973 billion for EPA.  This would constitute a 13 percent decrease from EPA’s FY 2010 budget.  This funding includes $1.5 billion for the CWSRF and $950 million for the Drinking Water State Revolving Fund (DWSRF).  In total, the SRF requests represent a $947 million reduction from the President’s FY 2011 budget request, including a more than $500 million reduction for the CWSRF.  In its budget request, however, the Administration also indicated that its longer-term goal is to have the SRFs provide, on average, five percent of total water infrastructure spending annually.

The President’s budget request seeks to preserve historically high levels of funding for the CWSRF.  At the same time, however, Congress is working to finalize the budget for FY 2011.  Last year the President requested $2 billion for the CWSRF and approximately $1.3 billion for the DWSRF.  In their latest continuing resolution proposal for FY 2011, House Republicans have indicated their desire to cut this funding to $690 million for the CWSRF and $830 million for the DWSRF.

The President’s budget does continue to increase funding for enforcement activity and also provides attention to the Administration’s development of a sustainable water infrastructure policy that will focus on working with states and communities to enhance technical, managerial and financial capacity at the state and local level.  NACWA is involved in this effort and will keep members posted as it develops.  NACWA also issued a press release on this budget proposal and continues to voice the message that any cuts to the clean water program  are inappropriate given the EPA-estimated water infrastructure funding gap of nearly $500 billion over the next two decades as well as the expansion of regulatory and enforcement activity.

In addition to these efforts, NACWA and the Water Infrastructure Network (WIN) are working to ensure that key Members of Congress are sending similar letters to the President and their colleagues.  As an example, Senator Ben Cardin (D-Md.) sent just such a letter   to the President echoing NACWA’s funding message.  NACWA is also working with the office of Congressman Earl Blumenauer (D-Ore.) who is crafting a similar message to his colleagues in the House. 

NACWA will continue to keep members informed as developments occur in the budget process.  

Blending

Senator Kirk Introduces Anti-Blending Legislation Affecting Great Lakes States Illinois

Senators Mark Kirk (R) and Dick Durbin (D) introduced the “Great Lakes Water Protection Act of 2011”, which would prohibit the practice of blending by any POTW that discharges to the Great Lakes.  The legislation would also establish a trust fund using penalties levied on POTWs that violate the prohibition that would go to support improvements at POTWs located in the Great Lakes region.    The legislation is similar to legislation that Senator Kirk introduced in previous Congresses when he served in the House of Representatives.  While the legislation is not expected to advance, NACWA has reached out to Senator Kirk’s staff to discuss the legislation and to provide information about the practice of blending and why it is integral to many POTWs’ operations.  NACWA will also explain that Congress sanctioned controlled blending events in the 1994 Combined Sewer Overflow Policy when it codified that policy in 2001. 

In addition, NACWA met recently with Nancy Stoner, the recently-appointed Acting Assistant Administrator for the Office of Water at U.S. EPA, to urge a final determination by the Agency on whether it will move forward with a comprehensive sanitary sewer overflow policy that includes blending in line with NACWA’s repeated encouragement to the Agency to do so..  NACWA will provide updates to our members on all key developments on Senator Kirk’s bill and the rulemaking process as they occur.

Sewage Sludge Incineration

NACWA Continues Advocacy Efforts on Sewage Sludge Incineration on Capitol Hill

NACWA has reached out to several Congressional offices to urge them to weigh in with EPA and the Office of Management and Budget (OMB) to express their concern with EPA’s Proposed Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units which EPA intends to finalize Feburary 21st.  Specifically, NACWA has reached out to Congressmen John Mica (R-Fla/) and Nick Rahall (D-W.V.), Chair and Ranking Member of the House Transportation and Infrastructure Committee, as well Congressmen Steven LaTourette (R-Ohio) and Jim McGovern (D-Mass.) both of whom have incinerators in their districts that would be impacted by this rule. 

On the Senate side, NACWA has reached out to Senators Barbara Boxer (D-Calif.) and James Inhofe (R-Okla.), Chair and Ranking Member of the Senate Environment and Public Works Committee, as well as to Senators Sherrod Brown (D-Ohio) and Ben Cardin (D-Md.) to seek their support for our efforts.  Later this week, NACWA will continue meetings on the Hill with members of the Missouri delegation.  Our goal is to identify as many Members of Congress as possible who will weigh in with EPA and OMB to express their concerns with EPA’s approach for regulating sewage sludge incinerators under the Clean Air Act (CAA).   NACWA’s main argument is that sewage sludge incinerators are integral parts of a “publicly-owned treatment work” as defined in the Clean Water Act and, therefore, they should be regulated under CAA Sec. 112 rather than under Sec. 129 which would impose a Maximum Achievable Control Technology (MACT) standard on POTWs that could lead to higher treatment costs without necessarily resulting in greater air quality outcomes.   For more information about this legislative effort, please contact NACWA’s Legislative Director, Patricia Sinicropi, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .