» Clean Water Current Archive

May 6, 2011

NACWA Initiates Legal Challenge to Sewage Sludge Incineration Rule

NACWA today filed a legal petition for review of EPA’s final sewage sludge incineration (SSI) rule with U.S. Court of Appeals for the District of Columbia Circuit.  This petition is a procedural document that puts the federal court and EPA on notice within the required 60-day review period that NACWA intends to challenge the final rule.  Additional details on NACWA’s legal arguments to support the challenge will be outlined in subsequent filings with the court over the coming months.  The filing marks an important first step in NACWA’s planned advocacy efforts to fight EPA’s new SSI air emissions standards and protect the interests of clean water utilities nationwide that rely on SSIs for environmentally safe and economic responsible management of biosolids.  A copy of the legal petition will be available on NACWA’s website early next week.  NACWA is also working on an administrative petition for reconsideration of the SSI rule that will be filed with EPA later this month, as well as a legal challenge to EPA’s final definition of solid waste rule to be lodged next month.

NACWA has formed a Sewage Sludge Incineration Advocacy Coalition (SSIAC) to support the Association’s advocacy efforts on this important issue.  To date over 35 clean water agencies with SSIs have joined the coalition, and additional members are expected to join soon.  All NACWA members that operate SSIs have been invited to join the SSIAC.  Members that have not yet responded to these requests are encouraged to do so as soon as possible by contacting Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Meets with Minority Water Resources Subcommittee Staff; SRF Reauthorization Bill on Horizon

NACWA met with key subcommittee staff on the House Water Resources & Environment Subcommittee to discuss the Association’s legislative priorities including infrastructure funding, a new approach to regulatory prioritization, EPA’s proposed rule for sewage sludge incineration, and efforts to reduce nutrient pollution from agricultural working lands in the 2012 Farm Bill.  During the discussion, it was made clear that Ranking Member of the Subcommittee Timothy Bishop (D-N.Y.) intends to move forward with legislation to reauthorize the Clean Water State Revolving Fund (CWSRF) in the immediate future.  NACWA encouraged staff to include language in the SRF reauthorization bill that would establish a trust fund to bolster the CWSRF similar to what was proposed in the Water Protection and Reinvestment Act (H.R. 3202) in the 111th Congress.  This suggestion was well-received and NACWA is encouraged that this may be added to the draft SRF bill.  NACWA also encouraged the staff to consider including a section in the legislation that would adopt regulatory prioritization in line with the Association’s Money Matters - Smarter Investment to Advance Clean Water™ campaign.  Subcommittee staff recognized the need for this type of legislative effort but wanted to discuss further how to address this issue with an initial expression of a preference for a separate legislative vehicle.  Discussions with staff indicated that the draft SRF reauthorization will likely be forthcoming in the next few weeks and would be sent to NACWA for review and input.  NACWA will continue to press the Association’s legislative agenda with the subcommittee staff and will keep its members updated on our progress as it occurs.

NACWA Meets with EPA Staff on its Regulatory Review Initiative

NACWA met with key EPA staff this week to receive an update on the Agency’s retrospective regulatory review initiative under Executive Order 13563 (76 Fed. Reg. 9988, Feb. 23, 2011) and to re-emphasize the Association’s position on the issues it would like to see reviewed pursuant to this process.  EPA said that only six water-related policies (three for drinking water and three for clean water) would be listed in its initial draft plan out of a total list of 20 items.  The Agency noted that all the listed items would be finalized rules — rather than guidance or criteria — except for two items.  These two items would require EPA to perform two overarching studies — one on the role of cost considerations in EPA rulemaking and another on the role of new and innovative technologies, likely including green infrastructure, in the rulemaking process.

NACWA believes the studies on cost and innovative technologies reflect the Association’s recommendations made in its previous comments and via its Money Matters™ campaign effort but do not go far enough. The Association reiterated the critical importance of including the CSO Financial Capability Guidance as one of the listed items for review in the draft, noting that EPA’s wet weather affordability policy had more impact on the nation’s communities and ratepayers than any other clean water rule that EPA is currently implementing.  EPA staff encouraged NACWA to provide additional comments on the draft regulatory plan, expected to be issued next week, and to recommend what should be added or removed from the draft plan in line with the Association’s initial comments.   NACWA will be organizing a comment effort with its members once the draft plan is released and will keep members informed of developments as they occur.

NACWA Supports Biogenic Greenhouse Gas Emissions Deferral; Receives Response from EPA on Biogenic Emissions Report

In comments this week, NACWA asked EPA to finalize its proposed three-year deferral from Clean Air Act (CAA) permitting programs of biogenic carbon dioxide (CO2) greenhouse gas (GHG) emissions, and to eventually make the exemption permanent.  EPA proposed the deferral in a March 21 Federal Register notice to allow the Agency more time to study the issue before deciding whether or not biogenic emissions should be included in the Prevention of Significant Deterioration (PSD) and Title V permitting programs.  The proposal specifically defers CO2 emissions from combustion of biogas and biosolids from wastewater treatment.

NACWA emphasized in its comments that wastewater treatment is an essential service that protects public health and the environment, and that CO₂ emissions “are carbon-neutral emissions that would occur naturally anyway.”  NACWA asked that all waste-derived biogenic CO₂ emissions be excluded from CAA permitting programs, including those from wastewater treatment processes – not just those from combustion of biogas and biosolids.  The environmental benefits of using biogas and biosolids for energy were also discussed, since utilities can decrease their dependence on fossil fuels by using these biogenic energy sources.  As stated in the comments, “POTWs should be encouraged to continue development, implementation, and improvement of energy recovery methods for biosolids and biogas.”

EPA expects to release a final rule on biogenic CO₂ emissions by July 1, the date that the next tier of facilities will be brought under CAA regulation of GHG emissions.  NACWA will keep members informed of the Agency’s decision.

EPA Asks for Public Comments on Biogenic Greenhouse Gas Emissions Report
In related news, EPA responded to comments submitted by NACWA in March 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 GHG emissions from the wastewater treatment process and appears to have been posted on EPA’s website without expert or public review.  NACWA is concerned that the report’s calculation methods for wastewater treatment do not accurately characterize emissions and may lead to inflated estimates.  In response to the comments EPA received from NACWA and from other industries, the Agency has now marked this report as “Draft” and is asking for public comment on it.  More information is available on EPA’s website.

NACWA Provides Input on EPA Environmental Justice Permitting Initiative

NACWA provided comments this week on a permitting initiative related to EPA’s Plan Environmental Justice (EJ) 2014, which was launched last summer in an effort to integrate EJ concerns into the Agency’s programs, policies, and activities.  NACWA’s comments on the permitting initiative reiterated concerns raised in the Association’s letter from last fall on the Agency-wide plan, asserting that affordability concerns were not sufficiently factored into the Agency’s EJ programs.  EPA’s EJ efforts have been, in large part, focused on the disproportionate impact of environmental pollution on economically disadvantaged communities.  NACWA’s letters stress that the Agency’s regulatory mandates, and the very real financial burdens they represent for those same disadvantaged populations, are also important.  NACWA highlighted that EPA must also take into consideration the ability of these communities to continue to pay rising sewer bills that result from programs designed to meet EPA mandates.

Since releasing its Plan EJ 2014, EPA has been working on several Plan-related efforts across the Agency focused on advancing EJ.  One of those elements is the EJ Permitting Initiative through which the Agency wants disproportionately burdened communities to have full and meaningful access to the permitting process in order to ensure that permits issued under EPA’s authority address EJ issues to the greatest extent practicable.  In addition to seeking comments on the draft implementation plan for the EJ Permitting Initiative, EPA also asked for comment on a draft list of tools and recommendations.  Included in the draft list are potential permit conditions, including enhanced monitoring and the availability of facility-specific data, and other provisions designed to address community concerns.

In addition to the affordability concerns, in its most recent letter NACWA also raised concern over any overly-prescriptive permitting regime developed at the federal level to address EJ concerns given the local nature of the issue.  Working to improve lines of communication and outreach can help to better address these issues at the local level, but suggesting prescriptive permit conditions, like increased or enhanced environmental monitoring, or outlining specific processes for permit writers to follow, seem to presuppose what any major local issues may be.  NACWA will continue to track the Agency’s ongoing EJ efforts to ensure they strike the appropriate balance.

NACWA Hosts Meeting on Hydraulic Fracturing for Municipal Sector

This week NACWA hosted John Hanger, former Secretary of the Department of Environmental Protection (DEP) in the Commonwealth of Pennsylvania, to discuss hydraulic fracturing and the potential impacts this activity can have on water quality, including treatment of produced hydraulic fracturing wastes by POTWs.  Hanger, who oversaw DEP’s regulatory efforts during the hydraulic fracturing boom in Pennsylvania which began in 2008, indicated that POTW treatment and disposal of hydraulic fracturing fluids will likely cease in the near future due to industry developments and implementation of new technologies.  Joining NACWA for the discussion were representatives from the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), and the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA).

During his remarks, Hanger provided a briefing on the phases of natural gas recovery, including hydraulic fracturing, and his views on the environmental impacts each stage can have on water resources and the environment.  Hanger informed the audience that in his opinion the largest risk to water quality comes from surface level drilling activities not associated with hydraulic fracturing.  Hanger stated that most violations that resulted in compromised water quality were the result of poor well casings which resulted in gas migration into private drinking water supplies.  He indicated that public water supplies in Pennsylvania to date had not been affected by drilling activities and that incidents of private well contamination were isolated and his experience showed that many of these incidents can be averted by having a well-designed and strongly enforced regulatory structure in place to oversee these activities.  Although there does not seem to be a major impact on POTWs from fracking-related issues at this time, NACWA will continue to monitor developments as the fracking process becomes more widespread.

Registration Now Open for NACWA 2011 Summer Conference

NACWA’s 2011 Summer Conference will take place July 19-22, 2011 at the Westin Chicago River North in Chicago, Illinois.  With the theme, Engineered for Success. . .Creating a First Class Public Utility, the 2011 Summer Conference will explore emerging practices and concepts, as well as efforts underway at utilities, which serve to evaluate and enhance the sustainability of management practices and overall operation.  Anchored by two highly-regarded and engaging keynote speakers, the management-focused conference will explore both emerging and existing initiatives – and the opportunities they offer utilities.

Dorsey, McDonough to Keynote
In his Summer Conference keynote, Crossing the Generational Divide:  Unlocking the Power of Generations™, bestselling author and generational strategist, Jason Dorsey, will entertainingly reveal each generation’s preferences and priorities and inspire you to lead a culture of cross generation communication, innovation, engagement, teamwork, and performance.

William McDonough, internationally renowned designer and architect – and co-author of Cradle to Cradle: Remaking the Way We Make Things – will join us for both a keynote address and afternoon workshop.  One of the most influential voices on sustainability, McDonough will explore 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.

Discounted Registration for Gen X/Gen Y
As an added feature, the Summer Conference will offer discounted registration to Gen X/Gen Y staff (defined for this purpose as individuals born between 1970–1990) attending with their NACWA Member Agency representative.  Additional information is available on NACWA’s website.  Don’t delay . . . register now for what is certain to be an exceptional conference.

NACWA wishes all of its members traveling to the
National Environmental Policy Forum in Washington, DC, a safe trip.
We look forward to an exciting and informative program and discussion!