» Clean Water Current Archive

April 29, 2011

EPA Releases Jurisdiction Guidance as Part of Administration’s Clean Water Framework

EPA released draft guidance April 27 addressing the scope of Clean Water Act (CWA) jurisdiction.  The draft guidance, jointly developed with the U.S. Army Corps of Engineers (USACE), is meant to clarify the reach of CWA jurisdiction following a number of U.S. Supreme Court decisions addressing the issue.  Significantly, the draft guidance maintains important existing jurisdictional exemptions for municipal wastewater and stormwater systems, in line with the Association’s long-standing support for these exemptions.

The document indicates EPA’s expectation that the “extent of waters over which the agencies assert jurisdiction under the CWA will increase compared to the extent over which jurisdiction has been asserted under existing guidance.”  However, the guidance also clearly states that it does not impact exiting regulatory exclusions from jurisdiction, including exclusions for waste treatment systems as outlined at 40 CFR 122.2.  This is important for NACWA members as it means that current jurisdictional exemptions for wastewater collection and treatment systems – such as lagoons or ponds located prior to a treatment plant’s permitted discharge point – will continue under the new guidance.  NACWA has also confirmed with EPA that existing jurisdictional exemptions for municipal stormwater collection, conveyance and treatment systems prior to the permitted discharge point are not intended to be impacted by the proposed guidance and will also continue.   The preservation of these two important regulatory exclusions means that the suggested jurisdictional changes outlined in the document should not have a significant impact on NACWA’s utility members.

The draft guidance will undergo a 60-day public comment period, and EPA has expressed interest in hearing from all stakeholders the proposed jurisdictional changes.  NACWA will be submitting comments on the guidance and will distribute a more detailed analysis of the document to the membership soon along with a request for members to join in NACWA’s comment process.  To the extent there is sufficient member interest, the Association will schedule a call between its members and key EPA staff working in this issue to clarify any specific concerns.  Additional information on the draft guidance and background documents can be found on EPA’s website.

EPA, Other Federal Agencies Release Clean Water Framework
The proposed CWA jurisdictional guidance was released as part of a broader national clean water framework document that highlights ongoing initiatives at EPA, the USACE, the U.S. Department of Agriculture (USDA), and the Department of the Interior (DOI) to protect the nation’s water resources.  Clean Water:  Foundation of Healthy Communities and a Healthy Environment outlines work in seven major areas: 1) promoting innovative partnerships; 2) ensuring water quality to protect public health; 3) enhancing communities and economies by restoring important waterbodies; 4) innovating for more water-efficient communities; 5) enhancing use and enjoyment of our waters; 6) updating the nation’s water policies (including the proposed jurisdiction guidance); and, 7) making better use of science to solve water problems.

EPA-led initiatives highlighted in the document include new efforts addressing drinking water contaminants; a coordinated effort between the program and enforcement office to promote the use of green infrastructure for meeting CWA requirements in permits, enforcement orders and consent decrees; an increased focus on restoring key watersheds like the Great Lakes, the Chesapeake Bay, and the California Bay-Delta; and, efforts to improve the scientific understanding of contaminants of emerging concern and their potential impacts on human health and water quality.  The framework was issued as a final document and, as noted, EPA is seeking comments on the jurisdictional guidance only.

NACWA PR Committee Discusses Successful Local Strategies on Rates, State Affordability Legislation

As part of an ongoing effort to sharpen the message of its Money Matters™ campaign, approximately 30 public agency members participated in a conference call this week focused on two successful municipal outreach campaigns regarding rate increases and statewide Clean Water Act (CWA) affordability legislation.  Sanitation District Number 1 (SD1) in Northern Kentucky and the Northeast Ohio Regional Sewer District (NEORSD) in Cleveland — both wet weather consent decree communities that are raising rates significantly over the next several years — provided compelling presentations.  SD1 discussed the challenges that an active, anti-rate increase Tea Party posed to their efforts, and the Tea Party’s effectiveness in garnering media attention by generating controversy, often without a factual basis.  SD1 discussed their use of editorials to counter Tea Party media efforts and a rigorous messaging campaign called the Cost of Clean launched in 2009.  SD1 also discussed their successful effort to pass state legislation through the Kentucky legislature that requires a more rigorous assessment of key CWA affordability issues before any new regulation can be imposed.  Also discussed was the support they received from their state environmental agency in successfully advancing the legislation.

NEORSD’s presentation featured similar themes.  Unlike SD1, which is a rapidly growing area, Cleveland has the challenge of an aging infrastructure system, coupled with a shrinking rate-base that must bear the growing cost of CWA programs.  The District discussed a very ambitious and effective outreach campaign that included surveys of their ratepayers’ views on clean water issues and significant media advertising – as well as outreach/messaging campaigns such as “Your Sewer District – Keeping Our Great Lake Great” and the “Where Does It Go?” campaign.  NEORSD has also been intimately involved in the effort to pass affordability legislation akin to Kentucky’s initiative and has seen its bill successfully move unanimously through the Senate.  The bill was poised to be taken up by the House when Ohio’s state regulatory agency became engaged and sought an opportunity to provide input into the process.  As with SD1, NEORSD – and its fellow clean water agencies in Ohio – are seeking to garner the state regulatory agency’s support and move the bill through the Ohio House for the Governor’s signature.

The presentations engendered significant discussion and NACWA has been subsequently contacted by several participants seeking to continue this dialogue in future conference calls.  Members who are interested in reaching out to SD1 or NEORSD staff for additional details on their efforts, are invited to contact NACWA’s Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

With Policy Forum Approaching, NACWA Conferences Offer Valuable Information and Insights

NACWA members attending the upcoming National Environmental Policy Forum in Washington, DC, May 8-11, are reminded to make plans now for visits to their congressional delegations.  Association staff is available to assist in your efforts.  Please contact John Krohn ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) for help in scheduling meetings.  With an exceptional agenda, distinguished speakers – and recognition of Association members by both NACWA and the Clean Water America Alliance – the Policy Forum is certain to offer valuable information and insights directly relevant to your work back home.  It’s not too late to register.  Please visit NACWA’s website for complete information.

Hotel Deadline for Pretreatment Workshop Is May 3!
With a theme of Pretreatment Challenges, Old & New, this year’s Pretreatment Workshop is taking place May 18 - 20 at the St. Louis Union Station Marriott.  It will focus on topics that are vital for all pretreatment programs, including EPA’s development of a rule to require amalgam separators at dental facilities — an effort that will have significant cost and resource consequences for all publicly owned treatment works (POTWs).  New national initiatives on the disposal of unused pharmaceuticals will also be discussed, including EPA’s upcoming best management practices for health care facilities and the Drug Enforcement Administration’s (DEA) rule development on disposal options.  Staff from EPA Headquarters and the Regions will provide presentations on these topics, as well as on the management of hydraulic fracturing wastewater and developments in other effluent guidelines.

The deadline for the hotel reservation group rate for the NACWA Pretreatment & Pollution Prevention Workshop is May 3 so be sure to make your reservations now to receive the special group rate of $129 per night (single/double) at the St. Louis Union Station Marriott.  Visit NACWA’s website for the Workshop agenda , to register online, and to find valuable travel information.

Two Compelling Keynotes = One Incredible Summer Conference
Please plan to join us in Chicago for NACWA’s 2011 Summer Conference, Engineered for Success . . . Creating a First Class Utility.  Slated for July 19 – 22 at the Westin Chicago River North – and featuring two critically acclaimed Keynote Speakers, as well as industry and academic leaders – NACWA’s Summer Conference is sure to exceed expectations.

It’s a fact that, for the first time in U.S. history, four distinctly different generations are working side-by-side.  In his Summer Conference keynote, Crossing the Generational Divide:  Unlocking the Power of Generations™, bestselling author and generational strategist, Jason Ryan Dorsey, will entertainingly reveal each generation’s preferences and priorities to highlight what they bring to the workforce—and how to build common ground.  His front-line tested approach will immediately allow you to lead a culture of cross generation communication, innovation, engagement, teamwork, and performance.

William McDonough, an internationally renowned designer and architect will also be on hand.  McDonough is co-author of Cradle to Cradle: Remaking the Way We Make Things, one of the most influential and widely-read books of the American sustainability movement.  He is the winner of three U.S. presidential awards: the Presidential Award for Sustainable Development (1996), the National Design Award (2004); and the Presidential Green Chemistry Challenge Award (2003). Time magazine recognized him as a "Hero for the Planet" in 1999, stating that "his utopianism is grounded in a unified philosophy that—in demonstrable and practical ways—is changing the design of the world."  McDonough’s keynote will explore the core themes of cradle-to-cradle planning and how we can transform human industry – from a system that “takes, makes and wastes” to a creator of goods and services that generate ecological, social and economic value – through ecologically intelligent design.  Through the generous support of NACWA Affiliates Ostara, Greeley and Hansen, and InSinkErator, McDonough will also conduct a workshop for clean water utility managers, complimentary for all Summer Conference registrants.

Additional information on NACWA’s 2011 Summer Conference, Engineered for Success. . .Creating a First Class Utility, will be available soon on the Association’s website.