» Clean Water Current Archive

May 27, 2011

NACWA Files Petition for Reconsideration and Stay of Sewage Sludge Incinerator Rule

NACWA filed its petition May 24 with EPA requesting reconsideration and a stay of the Clean Air Act (CAA) maximum achievable control technology (MACT) standards for municipal sewage sludge incinerators (SSIs) (“Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Sewage Sludge Incineration Units”; 76 Fed. Reg. 15372; March 21, 2011).  The petition for reconsideration and a stay of the SSI Rule comes after NACWA filed a legal petition for review of the final rule on May 6 with the U.S Court of Appeals for the District of Columbia Circuit (D.C. Circuit).  Taken together, NACWA’s petition for reconsideration to EPA and legal challenge to the SSI Rule in the D.C. Circuit mark the start of the Association’s legal advocacy efforts to ensure EPA addresses fundamental flaws in the emissions limits and the significant negative environmental and economic impacts the standards will have on communities that rely on SSIs as a safe and efficient form of biosolids management.

As outlined in NACWA’s petition for reconsideration, EPA’s SSI Rule contains a number of significant errors, including regulating SSI units under CAA Section 129 instead of under Section 112, where Congress directed emissions from publicly owned treatment works (POTWs) to be regulated; failing to establish subcategories recognizing fundamental class and use differences among SSIs; and, ignoring data showing variability in the concentrations of metals that end up in biosolids and that affect the overall performance of each individual SSI – thus affecting the overall achievability of the emissions standards.  The petition for reconsideration also underscores that because the flaws in the SSI Rule are fundamental and pervasive – implicating the legal authority for the rulemaking, the selection of pollutants for which standards may be established, the selection of SSI subcategories, and numerous other aspects of the Rule – it is impossible to carve out and maintain segments of the SSI Rule.  Accordingly, NACWA believes the entire Rule should be reconsidered.

In addition to requesting reconsideration of the SSI Rule, NACWA’s petition also requests that EPA stay or postpone the effective date of the final Rule pending the reconsideration process and promulgation of regulations replacing the SSI Rule.   NACWA’s request for a stay is based on the environmental, economic, and future regulatory harm that clean water utilities with SSIs could suffer if a stay is not granted.  Some of these concerns were also echoed in a press release on the legal filing sent to NACWA’s media contacts this week.

From this point forward, the administrative petition for reconsideration and stay – coupled with the legal petition for review with the D.C. Circuit – will proceed on parallel tracks.  Unless EPA indicates during the reconsideration process that it intends to reconsider the SSI Rule in its entirety, NACWA will continue its efforts to seek judicial review of the EPA standards.  The Association plans to file a separate legal petition challenging EPA’s “definition of solid waste” rule, which provides the underlying foundation for the CAA rules, in mid-June.

NACWA appreciates the significant support and engagement of the Association’s Sewage Sludge Incineration Advocacy Coalition (SSIAC) which has made this vital advocacy effort possible.  All NACWA members that operate SSIs have been invited to join the SSIAC.  Members that have not yet joined to Coalition may do by contacting Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Moves to Enter Chesapeake Bay Daily Loads Case, Defend Holistic Watershed Approach

NACWA filed a Motion to Intervene on May 25 in the case of American Farm Bureau, et al. v. U.S. Environmental Protection Agency (EPA) as an intervenor defendant on the side of EPA.  By doing so, NACWA is moving to protect the interests of its municipal clean water agency members in the litigation and defend EPA’s ability to address all sources of water quality impairment.

NACWA’s motion, filed jointly with the Maryland Association of Metropolitan Wastewater Agencies (MAMWA) and the Virginia Association of Metropolitan Wastewater Agencies (VAMWA), seeks to defend the holistic watershed approach and preserve EPA’s ability through the total maximum daily load (TMDL) process to address all sources of water quality impairment in the Bay watershed, including nonpoint sources such as agriculture.  NACWA will not support EPA with regard to the technical underpinnings of the TMDL, as many Association members in the Bay watershed continue to have concerns with some of the underlying allocations.  However, it is critical that NACWA provide an independent municipal voice in the litigation and prevent the agricultural plaintiffs from walking away from the TMDL process.

The agricultural plaintiffs in the case are challenging EPA’s legal authority to regulate nonpoint sources as part of the TMDL process.  Their allegations threaten the watershed approach under which all pollutant source sectors contribute equitably to improve the quality of water bodies that do not meet water quality standards.  Since TMDLs are essentially a “zero sum game,” allowing agricultural sources to relax their load allocation will put even greater burden on other sources such as municipal wastewater and stormwater dischargers.  Thus, if the agricultural plaintiffs succeed in limiting EPA’s legal authority through this litigation, the result could be increased regulatory pressure on municipal wastewater and stormwater utilities – leaving the underlying water quality problems unaddressed.

Additional information on the case is available on the Litigation Tracking section of NACWA website.  Additionally, NACWA sent out a press release this week to announce the Association’s action to enter the case.  We will keep the membership updated on developments as they occur.  In related news, NACWA is also testifying at a June 1 U.S. House of Representatives hearing on nutrient-related issues (see article later in this Current).

EPA Releases Preliminary Plan for Review of Existing Regulations, NACWA to Comment

EPA this week released its preliminary plan responding to the President’s Executive Order 13563 requiring all federal agencies, including EPA, to review existing regulations and policies, and determine which would benefit from a serious review.  This call for action emanated from the Administration’s recognition of the challenging economic conditions that industry and all levels of government now face – and the need for greater scrutiny of the impacts of regulatory requirements.  In line with this EPA issued Improving Our Regulations: A Preliminary Plan for Periodic Retrospective Reviews of Existing Regulations .

An initial review of the document demonstrates that EPA clearly did not address all of the concerns that had been detailed in the Association’s comments in March.  There are, however, clearly some key components of the report that NACWA members should be aware of.  The preliminary plan does recommend early action on clarifying permitting requirements for sanitary sewer overflow (SSOs) and peak flow wet weather discharges.  As an early action item, the report references follow-up stakeholder workshop to be held by EPA in July in which NACWA will participate.  The plan states quite clearly that “following the workshop, EPA will evaluate options that are appropriate (rule or policy or neither) for addressing Separate Sanitary Overflows and Peak Flow wet weather discharges.”

Other areas targeted for early action include work between EPA, the U.S. Department of Agriculture (USDA), and several states to “develop programs that can provide assurances that the farmers’ actions are consistent with state plans to improve water quality,”  with the goal of having progras up and running by the end of the calendar year.  EPA will also be reviewing its policies in support of water quality trading, proposing targeted changes to its water quality standards (WQS) regulations in terms of antidegradation, Administrator’s determinations, uses, and variances among other concerns.

Additionally, and in line with NACWA’s comments and its Money Matters™ campaign, EPA will be evaluating its methods for conducting cost estimates and comparing their pre-implementation estimates to the actual compliance costs of key regulations.  The Agency will also review its role in ensuring that innovative technologies are supported through Agency programs in a way that spurs new markets and better economic and environmental outcomes.

EPA’s ongoing regulatory review planning efforts offer opportunities for NACWA to continue to raise the central concerns of the clean water community  and the Association will continue to do so throughout this process.  Specifically, NACWA will push EPA to more clearly address the issues of affordability and regulatory prioritization that were central to its previous comment effort, and to clarify its position on incineration, SSOs, green infrastructure and other areas of priority concern to NACWA members.  EPA will be accepting comments on this preliminary plan until June 27 and NACWA will be providing comments by this deadline. In the meantime, further review of the plan is underway and the Association will provide members with a detailed analysis via an Advocacy Alert soon.  Please forward any thoughts or comments you may have on the preliminary plan to Adam Krantz at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Senate SRF Dear Colleague Letter Closes with Strong Support

The "Dear Colleague" letter being circulated to defend the Clean and Safe Drinking Water State Revolving Funds (SRFs) from additional cuts in Fiscal Year (FY) 2012 closed this week with strong bipartisan support thanks, in part, to NACWA and its members’ advocacy efforts.  The letter, which was led by Senators Barbara Boxer (D-Calif.), James Inhofe (R-Okla.) and Ben Cardin (D-Md.) gained 35 total signatories including 5 Republicans, a significant accomplishment in the current political climate.  Republicans joining Senator Inhofe on the letter include: Senators Mike Crapo (Idaho), Olympia Snowe (Me.), John Boozman (Ark.) and John Thune (S.D.).  The letter is posted on NACWA’s website for your review.

The letter provides a significant foundation for the SRF’s to avoid drastic cuts entering forthcoming Fiscal Year 2012 budget negotiations.  NACWA took a leadership in role by drafting the letter and organizing a municipal coalition, including members of the Water Infrastructure Network, to support the effort.  NACWA Executive Director Ken Kirk also sent a personalized note to all Senate offices urging their support for the letter, emphasizing the importance of clean water funding to the municipal community and the economic, environmental and public health benefits such funding provides.  NACWA Advocacy Alert 11-14 encouraged members to contact their Senate offices to support this effort.

Water Sector Coordinating Council Meets to Discuss Utility Security Issues

The Water Sector Coordinating Council (WSCC) met with the Government Coordinating Council (GCC) in Washington DC this week to discuss security and emergency preparedness issues and projects that may affect the wastewater and drinking water sector.  NACWA’s representatives to the WSCC, Patty Cleveland, Manager of Operations with the Trinity River Authority, TX and a NACWA Board member, and Jim Davidson, Manager of Safety & Security with the Northeast Ohio Regional Sewer District, OH, attended the meeting.

The WSCC and GCC discussed the lessons learned from many recent natural disasters, including the earthquake and nuclear emergency in Japan, the Christchurch, New Zealand earthquake, and the tornados in Joplin, Missouri, and other parts of the U.S.  The WSCC and GCC also discussed the upcoming Critical Infrastructure Partnership Advisory Council (CIPAC) Workgroup that will examine the new Risk and Resilience Management of Water and Wastewater Systems standard that has been approved by the American National Standards Institute (ANSI), and determine whether and how the Vulnerability Self Assessment Tool (VSAT), RAM-W, and SEMS tools should be updated to help utilities comply with this standard.  NACWA is represented on this workgroup by Jorge Monserrate of San Antonio Water Systems in Texas.

The Department of Homeland Security (DHS) briefed the WSCC on programs conducted by DHS to assess and analyze threats to the sector and to help utilities evaluate their security procedures.  One of these programs, the Enhanced Critical Infrastructure Protection Initiative (ECIP), was utilized by several utilities represented on the WSCC and found to be very useful.  DHS has agreed to provide a presentation on the ECIP during the next NACWA Security and Emergency Preparedness Committee meeting, which will be a web-based meeting held this summer.   All NACWA members will be invited to hear this presentation.

Key House Committee Approves Chemical Facility Program Extension through 2018

The Energy & Commerce Committee this week approved legislation (H.R. 908) that seeks to extend the Department of Homeland Security’s Chemical Facility Anti-Terrorism Standards (CFATS) program through 2018.  Of most relevance to NACWA public agency members is that, at this point in the discussions, neither proposal seeks to include water and wastewater utilities under the DHS’ chemical facility security program.  NACWA supports these extensions and will continue to follow this issue and keep its members informed as developments occur. Authorization for the CFATS program expired in October 2010 but was extended in the Fiscal Year 2011 budget resolution through October 4, 2011.  A competing proposal (H.R. 901) is also making its way through the House Homeland Security Committee.  This alternative proposal is expected to be approved in a committee mark-up on Wednesday, June 1.

NACWA’s Summer Conference in Chicago Explores Cutting Edge Management Issues

Join us July 19-22, 2011 at the Westin Chicago River North in Chicago, Illinois for NACWA’s 2011 Summer Conference, Engineered for Success. . .Creating a First Class Public Utility.  The conference will explore cutting-edge efforts underway at utilities to evaluate and enhance the sustainability of management practices and overall operations.

Registration is now open and a preliminary agenda is now available.   As an added feature, NACWA is offering a discounted registration to Gen X/Gen Y staff (defined for this purpose as individuals born 1970–1990) attending with their NACWA Member representative.  As you make your plans to attend, please contact the Westin Chicago River North to secure your hotel accommodations.  Reservations must be made by June 27 to receive the special group rate of $189/night.  Don’t delay . . . register now for what is certain to be an exceptional conference.

Deadline for Submitting 2011 Financial Survey is Next Friday, June 3

The deadline for completing the 2011 Financial Survey is Friday, June 3.  NACWA’s public agency members received their customized Survey questionnaire in the mail in early March.  Although NACWA has already received a number of surveys, additional responses are still needed.  Members wishing to complete the survey online or learn more about the importance of the survey to NACWA’s advocacy efforts are encourage to review the March 7 Member Update that released this latest installment of NACWA’s triennial survey of clean water agency financial information.  If you have any questions regarding the survey questionnaire or the survey website, contact NACWA’s contractor Mark Hoeke at 202/361-7446 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Chris Hornback, NACWA’s Senior Director of Regulatory Affairs at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Again, completed survey forms are requested by Friday, June 3.

Media Continues to Call on NACWA as an Expert Resource

NACWA has recently garnered considerable media attention on a wide range of issues, including nutrient control, rate-related issues, infrastructure funding, utility hiring trends, sewage sludge incineration, stormwater, as well as coverage of its public agency awards.  Recent press outlets quoting or citing NACWA as a source of information include The Mobile Press-Register in Mobile, Ala., St. Louis Beacon in St. Louis, Mo., The Kansas City Star in Kansas City, Mo., The Lebanon Daily News in Lebanon, Pa., as well as almost daily article placement in trade press publications.  NACWA public agency members can see a full list of articles quoting or citing the Association at the NACWA in the News webpage.  Also, NACWA members are encouraged to use the Association’s press releases as templates and tailor them to fit their specific local needs. All press releases are also available on NACWA’s News & Media webpage.

NACWA wishes all of its members a safe and enjoyable Memorial Day weekend. The Association’s office will be closed on May 30, reopening on May 31.