» Clean Water Current Archive

March 11, 2011

NACWA Briefs Members on Final SSI Rule, Consensus Builds for Legal Challenge

NACWA met via conference call with its public agency members that operate sewage sludge incinerators (SSIs) Wednesday to discuss two EPA final rules – one outlining maximum achievable control technology (MACT) standards under Clean Air Act (CAA) Section 129 for SSIs, and the other detailing the Agency’s definition of non-hazardous solid waste.  The main purpose of the call was to discuss NACWA's potential legal challenge to these rules and to determine the membership’s support of such action.  Based on the discussion, there was broad support to move forward with such a challenge.  NACWA's Executive Committee will discuss the Association’s strategy for challenging the rules on their monthly conference call next week. NACWA will update the membership on any developments in next week’s Clean Water Current.

In preparation for the call, participants were provided a detailed and informative analysis of the MACT standards contained in the new rule by Bob Dominak, Chair of NACWA’s Biosolids Management Committee and Residuals and Air Emissions Manager with the Northeast Ohio Regional Sewer District.  As NACWA has previously reported, EPA made several significant changes from the October 2010 proposal in the final MACT rule.  The most significant change, the removal of the “beyond the MACT floor” mercury limits, will potentially save utilities hundreds of millions of dollars in emissions control equipment.  However, significant issues remain with the final rule, including the mercury standard.  Based on an initial review, many existing multiple hearth incinerators will still need to install control equipment to meet the final mercury standard.  NACWA believes that due to the lack of data EPA was able to collect, and erroneous assumptions about sludge variability, incinerator operation, and other variables, EPA underestimated the controls that will be needed and, therefore, the total cost of implementing the rule, as well.

EPA also continues to assert that SSIs must be regulated under Section 129, rather than Section 112 of the CAA, which could mean that SSIs may face even more stringent standards in the future.  During the call, NACWA highlighted several other issues with the final SSI rule and outlined how NACWA's strategy to file both an administrative and legal challenge to the final rule remains largely unchanged.  One new element of NACWA's legal strategy may involve intervention in a challenge to EPA's decision to remove the “beyond the MACT floor” standard for mercury.  In the event that an environmental group files a legal challenge to EPA's final standards to make them more stringent, NACWA will likely need to intervene to defend the Agency's decision to remove the more stringent mercury standard.  Additionally, NACWA is also prepared to file a legal challenge to EPA's final non-hazardous solid waste rule due to its inappropriate inclusion of biosolids that are incinerated in its definition of solid waste.

The two rules, which were signed by the EPA Administrator on February 21, have yet to be published in the Federal Register.  NACWA will keep members informed of its advocacy efforts on this issue as they progress.

NACWA Asks EPA to Revise Report on Biogenic Greenhouse Gas Emissions

NACWA submitted comments to EPA this week about a December 14 report , Greenhouse Gas Emissions Estimation Methodologies for Biogenic Emissions from Selected Source Categories: Solid Waste Disposal, Wastewater Treatment, Ethanol Fermentation, which was written for EPA by the Research Triangle Institute.  The report attempts to provide technical guidance on how to calculate wastewater treatment greenhouse gas (GHG) emissions, and was apparently posted on EPA’s website without expert or public review.  Although EPA has announced that it will exempt biogenic emissions from Clean Air Act (CAA) permitting requirements for three years while it continues to study these emissions, the details of this exemption have not been published yet, and state permitting and reporting programs may still include biogenic emissions.  NACWA is concerned that the report does not characterize biogenic GHG emissions appropriately, leading to “inflated and misleading emissions estimates for wastewater treatment.”  NACWA asked that EPA remove the report from its website while it considers revisions to the document and that the Agency clarify how and when the report should be used for estimating emissions.  NACWA will follow up with EPA about revisions to this report and will keep members informed about the Agency’s decisions regarding inclusion of biogenic emissions in CAA permitting programs.

NACWA Urges Members to Complete Survey on Treatment of Wastewater from Hydraulic Fracking

NACWA sent an Advocacy Alert (AA-07) to its public agency members earlier this week urging them to complete a short online survey regarding the treatment of wastewater from natural gas hydraulic fracturing, or fracking, operations.  The practice has recently come under increased scrutiny due to a series of articles appearing in the New York Times and growing pressure from activist groups concerned about the water quality impacts from these activities.  NACWA has been increasingly interested in issues that fall under the umbrella of the “energy-water nexus” and clearly issues arising as a result of fracking exemplify these concerns.   The survey can be found on NACWA’s website and we are asking that responses be provided by March 31.  These responses will remain confidential and will assist the Association in determining whether and how we can be of assistance to our members on this issue.  Please contact NACWA’s Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions regarding the survey.

Senate Democrats’ FY 2011 Budget Proposal Maintains Funding for Water Programs

Last week Senate Democrats unveiled their funding proposal for the remainder of fiscal year (FY) 2011 which included approximately $6.1 billion in overall funding reductions for the remainder of the year.  In sharp contrast to H.R. 1, which was approved by the House of Representatives in February and contained more than $60 billion in overall budget cuts, the Senate Democrats’ spending plan made relatively minor funding reductions to EPA and left the State Revolving Funds (SRFs) untouched at their FY 2010 levels.  The Senate Democrats’ budget would provide $2.1 billion for the Clean Water SRF and $1.28 billion for the Drinking Water SRF.  The Senate proposal also differed from H.R. 1 in that it did not contain policy riders to restrict EPA from moving forward with a number of contentious activities such as implementation of restoration efforts in the Chesapeake Bay and numeric nutrient criteria in Florida.

Following the release of the Senate Democrats’ proposal, NACWA and the Water Infrastructure Network (WIN) sent a letter to key Senate offices thanking them for their support of federal clean and safe water funding and urging them to maintain funding for these programs during negotiations with the Senate Republicans and the U.S. House of Representatives.  Negotiations on the FY 11 budget will continue as the full Senate rejected the Democrats’ proposal, as well as HR 1 this week.  Given this development, the White House and congressional leadership will continue to negotiate spending levels for the remainder of FY11 with the goal of developing a proposal that can pass both chambers of Congress before the current Continuing Resolution expires on March 18.   NACWA will keep members informed as these negotiations unfold.

NACWA Speaks with State, Local Government Groups on Stormwater & Nutrient Issues

NACWA was invited to speak at separate meetings this week of the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA) and the National Association of Counties (NACo) on regulatory developments involving stormwater and nutrients, highlighting NACWA’s role as a key voice of the municipal clean water community on important water quality issues.  At the ASIWPCA Mid-Year Meeting, NACWA engaged with a group of state environmental regulators from all across the country to address stormwater concerns, representing the municipal perspective in a discussion of the challenges and solutions related to controlling stormwater runoff.   NACWA emphasized the Association’s ongoing advocacy with EPA regarding the national stormwater rule currently under development, and updated the ASIWPCA members on possible components of the new rule that could be supported by municipal stormwater utilities, as well as areas that would likely cause significant concern.  NACWA also participated in ASIWPCA’s workshop on nutrients, providing the municipal clean water utility perspective on how best to address the nutrient problem and highlighting NACWA’s important work on this issue, including the Association’s recent Nutrient Summit.  NACWA indicated that it looks forward to continued close cooperation with ASIWPCA on stormwater and nutrient issues, as well as on other areas of mutual interest to both organizations.

Also this week, NACWA spoke at the NACo Legislative Conference, addressing their Water Quality Subcommittee to discuss stormwater and other water quality concerns impacting local governments.   Recent developments including forthcoming stormwater regulations, the new Chesapeake Bay total maximum daily load (TMDL), and numeric nutrient criteria issued by EPA for Florida will all have significant implications for local governments both regionally and nationally.  NACWA updated local county elected officials from across the nation on these developments and engaged in a discussion about appropriate advocacy efforts in response.  NACWA also provided the NACo members with information on the Association’s ongoing Money Matters campaign.  NACo and NACWA have worked together in the past on these important water quality issues and plan on additional collaboration moving forward.

One More Week to Complete NACWA/Food & Water Watch Triclosan Survey

NACWA public agency members have one more week to complete the short, anonymous survey about triclosan that the Association is conducting with Food & Water Watch (FWW).  Triclosan is a popular antimicrobial pesticide used in consumer products including soaps, detergents, cleaning products, and toothpaste.  It also may have adverse human health and environmental impacts and because it is often found in biosolids, NACWA is seeking to gather additional information via the survey.  FWW plans to use the results of this survey to highlight the need for a precautionary approach to chemical regulation.  FWW held a well-attended congressional briefing on triclosan in February and introduction of a bill to ban non-medical uses of triclosan is expected later this year.  NACWA may also use the survey results in its advocacy efforts and in its ongoing National Dialogue on Safe and Sustainable Consumer Products, which seeks to keep pollutants out of the sewer system rather than requiring wastewater treatment utilities to remove them.

Many NACWA members have already completed the survey and we appreciate your taking the time to do so.  If your utility has not responded yet, please complete the voluntary online survey by Friday, March 18.  The survey consists of 16 yes/no type questions, with an opportunity to explain some answers and provide additional comments.  Members with questions about the survey should contact Cynthia Finley at 202/296-9836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Urges Members to Complete 2011 Financial Survey Questionnaire

NACWA has released its Financial Survey: A National Survey of Municipal Wastewater Management Financing and Trends.  NACWA’s public agency members likely have already received, or will be receiving soon, their customized 2011 Financial Survey questionnaire in the mail.  If you would like to complete the survey online or learn more about the importance of the survey to the suite of NACWA advocacy efforts, please see the May 7 Member Update detailing this information.  If you have any questions regarding the survey questionnaire form or the survey website, contact Mark Hoeke at 202/361-7446 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Completed survey forms should be submitted by May 6, 2011.