» Clean Water Current Archive

June 17, 2011

NACWA Provides Clean Water Community Perspective at EPA Workshop on Recreational Water Quality Criteria

NACWA staff and member agency representatives participated in an EPA workshop this week on the Agency’s ongoing efforts to develop new or revised recreational water quality criteria.  The new federal criteria are being designed to protect surface waters for primary contact recreation (e.g., swimming) and, when published in October 2012, could impact all of NACWA’s members.  The workshop, held June 14-15 in New Orleans, was the last major stakeholder meeting before EPA begins crafting the actual criteria based on the new scientific information it has collected.  During the workshop, EPA provided an overview of the scientific studies it has conducted over the last 2-3 years as the result of a lawsuit filed over the Agency’s failure to meet its obligations under the Beaches Environmental Assessment and Coastal Health (BEACH) Act (Natural Resources Defense Council [NRDC] v. EPA).  The BEACH Act of 2000 required EPA to conduct certain studies and develop new or revised water quality criteria for coastal recreation waters by 2005.  When EPA failed to meet this statutory deadline, NRDC filed suit to compel the Agency to act.  NACWA intervened in the lawsuit to ensure the Agency would have sufficient time to conduct the scientific work needed to develop meaningful criteria and that there would be sufficient opportunities for stakeholder input.

Criteria to Apply to All Waters
EPA’s presentations during the workshop, most of which will be available on the Agency’s website in the coming weeks, also outlined the Agency’s current thinking on what the new criteria might look like.  While the BEACH Act applied only to coastal recreation waters, EPA is currently planning to make the criteria applicable to all waters designated for primary contact recreation, including inland rivers, lakes and streams.  This approach will have major implications for all Clean Water Act (CWA) programs and all of NACWA’s members.  As far as the structure of the new criteria, the Agency is currently signaling that it will preserve much of the existing content of the current criteria EPA published in 1986.  A new element of the criteria would be the addition of enterococci values for fresh and marine waters enumerated using a new rapid test method, quantitative polymerase chain reaction (qPCR).

Public Comment Slated for Early 2012
The draft criteria recommendations should be released in early 2012 for public comment, with a target of October 2012 for final publication of the criteria recommendations by EPA.  The Agency’s current thinking on the criteria could still change as it continues to brief senior management.  EPA signaled during the meeting that implementation guidance for the criteria would not be released until 2013, after publication of the final criteria, and NACWA urged the agency to release the criteria concurrent with the implementation guidance.  EPA is planning to conduct a webinar in September to brief those who could not attend the workshop and NACWA’s workgroup on this issue will continue to actively engage the Agency on its criteria development efforts.  A complete overview of the issues covered at the workshop is available in Advocacy Alert 11 – 17.

NACWA Files Amicus Brief in Florida Nutrients Case, Pushes Back on EPA Nutrient Limits

NACWA filed a brief June 15 in the ongoing litigation over EPA’s numeric nutrients limits recently issued in Florida, supporting the Association’s Florida members in their legal challenge and questioning the Agency’s authority to promulgate the limits.  The NACWA brief, filed in support of the Florida wastewater utilities’ Motion for Summary Judgment in the case, argues that EPA’s actions in Florida are fundamentally inconsistent with the limited role that Congress envisioned under the Clean Water Act (CWA) for federal involvement in establishing water quality standards, especially for nutrients.   NACWA further alleges that EPA’s decision to impose limits on Florida illegally usurped the state’s primary role in establishing nutrients limits and will have significant national implications by setting a negative precedent for the potential federalization of nutrient water quality standards beyond Florida.

NACWA’s brief also argues that EPA’s approach for developing the limits in Florida is legally and scientifically indefensible, especially because the criteria were developed absent a demonstrated cause and effect relationship as mandated by the CWA.  Additionally, the Florida limits are at odds with long-standing EPA guidance regarding development of water quality criteria for nutrients given their uniquely complex nature and the scientific need for employing site-specific approaches.

The case, Florida Wildlife Federation et al v. EPA, is part of a broad challenge to EPA’s federalization of Florida’s nutrient criteria, which the Agency finalized in November 2010.  Additional information on the case is available on NACWA’s Litigation Tracking webpage.  We will keep the membership updated on any developments.

EPA Invites Public Participation at SSO Workshop, Registration Available to NACWA Members

In a Federal Register notice yesterday, EPA invited the public to participate in its July 14-15 workshop on sanitary sewer overflows (SSOs) and peak wet weather discharges.  NACWA has been invited to participate in the facilitated discussion portion of the workshop, which will also include representatives from state permitting authorities and environmental groups.  NACWA’s representatives for this discussion will be Ben Horenstein, Manager of Environmental Services at East Bay Municipal Utility District and Co-Chair of NACWA’s Facility & Collection System Committee, and Lisa Hollander, Special Liaison for Legislative and Regulatory Affairs at the Northeast Ohio Regional Sewer District and Chair of NACWA’s Legal Affairs Committee.  As stated in the Federal Register notice, “EPA invites other interested members of the public to observe the workshop and to offer verbal comments at designated times during the workshop or to submit written comments to the Agency.”  Registration for observers is required by July 6 at www.epa.gov/npdes/sso, and NACWA encourages its members to attend the workshop if possible.

EPA states in the notice that this workshop will be a follow-up to the Listening Sessions that were held last year, and will provide an opportunity for organizations and individuals to elaborate on their recommendations.  EPA also provided a list of specific issues that will be discussed, including reporting of SSOs; components of capacity, management, operations, and maintenance (CMOM) that should be included in permits; permitting for collection systems; and, authorization of SSOs under certain circumstances.  NACWA will be meeting prior to the workshop with staff from other organizations participating in the facilitated session, including American Rivers and the Natural Resources Defense Council (NRDC), to discuss these issues.  NACWA’s SSO Workgroup will be refining the Association’s positions on these issues in advance of the facilitated session.

NACWA Initiates Legal Challenge to EPA’s Definition of Solid Waste Rule, Moves to Intervene in Sierra Club SSI Case

NACWA on June 16 filed a legal petition for review of EPA’s final definition of solid waste (DSW) rule with the U.S. Court of Appeals for the District of Columbia Circuit.  This action represents the beginning of the Association’s legal action against the rule and marks the next step in NACWA’s effort to challenge EPA’s new regulations on sewage sludge incinerators (SSIs).  The final DSW rule was published in March at the same time as EPA’s SSI rule, and provides a crucial regulatory foundation for the SSI rule by defining any biosolids that are incinerated as a non-hazardous solid waste.  NACWA’s lawsuit will challenge that determination and argue that Congress never intended for biosolids to be treated as a solid waste under federal solid waste or clean water laws.

NACWA is also concerned about the DSW rule’s potential impacts on other forms of biosolids management – as well as certain wastewater treatment plant operations – and will raise those concerns in the legal challenge.  The petition filed this week is simply a procedural document to initiate the lawsuit, and NACWA will spell out its arguments against the DSW in more detail in subsequent court filings.  NACWA has previously initiated both a legal and administrative challenge to EPA’s final SSI rule.  The Association’s efforts in both the SSI and DSW rule challenges are being supported by the Association’s Sewage Sludge Incineration Advocacy Coalition (SSIAC).

Motion to Intervene Filed in SSI Case
In a related development, NACWA also filed a Motion to Intervene this week in a lawsuit brought by the Sierra Club challenging EPA’s final SSI rule.  The Sierra Club litigation seeks to challenge EPA’s decision to lower the mercury emission limits in the final SSI rule.  Although NACWA has also started its own challenge to the SSI regulation, the Association also seeks to intervene in the Sierra Club case to ensure the interests of NACWA’s municipal members are protected in that case and push back against any attempts by the Sierra Club to have the mercury emission limits increased.   NACWA will continue to carefully coordinate its SSI legal advocacy efforts between the two SSI cases and the DSW litigation.

NACWA Summer Conference Offers Exceptional Value

Still trying to decide if you should attend this year's Summer Conference in Chicago? When you compare what you get in return, the result might help you make a decision.

• Eight hours of informative committee meetings and over five hours of enlightening general session programming (not counting the optional Thursday afternoon William McDonough Workshop): all together 810 minutes of invaluable information.
• Three receptions
• Three and a half days of morning and afternoon refreshment breaks
• Face-to-face networking during the whole conference

All for $850 for Public Agency Members and $950 for Corporate Affiliates!

Ready to Register?
NACWA's 2011 Summer Conference & 41st Annual Meeting, Engineered for Success . . . Creating a First Class Public Utility will take place July 19-22, 2011 at the Westin Chicago River North.  The agenda explores how utility managers are working to address the growing list of internal and external challenges – ranging from workforce concerns, a new and changing landscape for project financing, rising energy costs, and additional regulatory burdens, to name a few.  For more information or to register visit the NACWA website.  Be sure to make your reservations with Westin Chicago River North before June 27 to secure the $189 room rate.  Don't forget NACWA is offering discounted registration to Gen X/Gen Y staff (defined for this purpose as individuals born 1970–1990) attending with their NACWA Member Agency or Affiliate representative.  We invite you to take advantage of this special opportunity for what is sure to be an exceptional conference offering exceptional value.

Alliance to Save Energy’s Offers Watergy Webinar

The Alliance to Save Energy (ASE), a NACWA Supporting Affiliate, is hosting a webinar about its Watergy program on Thursday, June 30th, 2011 from 1:00 - 2:30 pm.  ASE’s Watergy program seeks to maximize energy efficiency throughout the wastewater collection, treatment and water supply/delivery process.  The Webinar will include plant-level detail from ASE’s first Watergy project in the US.  NACWA and ASE have agreed to cooperate on issues of mutual concern in the energy-water nexus arena and this complimentary offering may be of value to interested members.  For more information, please view the Save-the-Date.  To RSVP for this free event, please e-mail April Ferrari with ASE at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by Thursday, June 23, 2011.