» Clean Water Current Archive

December 2, 2011

NACWA to Testify at House Hearing on Integrated Planning Initiative; December 13 Meeting with EPA Takes on Added Importance

Momentum stemming from NACWA’s Money Matters. . . Smarter Investment to Advance Clean Water™ campaign continues with important news received this morning in a meeting with House Water Resources & Environment Subcommittee majority staff that the Subcommittee will hold a December 14 hearing on EPA’s integrated planning initiative.  Dave Williams, NACWA President and Director of Wastewater for the East Bay Municipal Utility District in Oakland, Calif., has been tapped to be the Association’s witness.  Other organizations expected to testify include EPA, the U.S. Conference of Mayors, and the Association of Clean Water Administrators.  This hearing will amplify NACWA’s dominant voice on this issue – and raise awareness that Congress is watching this effort closely, with an expectation of an endpoint that will help the Nation’s clean water agencies and their ratepayers in the near-term.  The Subcommittee Chairman Bob Gibbs (R-Ohio) has also requested that NACWA brief him directly on integrated permitting/regulatory prioritization issues next week in advance of the hearing, along with a couple of member agencies.

The House hearing serves to make NACWA’s Dec. 13 integrated planning meeting –  with EPA and other key stakeholder groups – all the more relevant, and the Association’s sound policy and technical input more critical.  Numerous NACWA member agencies from across the country will be participating in this meeting, with Nancy Stoner, EPA’s Acting Assistant Administrator for Water, and Cynthia Giles, Acting Administrator for the Office of Enforcement & Compliance Assurance, participating along with other key Agency staff.  This meeting will also feature EPA outlining its initial concepts for an integrated planning framework, as well as key municipal agency case studies on how an integrated planning approach would benefit their agencies and communities.  NACWA will take what it learns from the Dec. 13 meeting and use it to tailor its testimony for the House hearing the next day.

On a related front, NACWA also met with EPA’s Deputy Administrator Bob Perciasepe this week who made it clear that the integrated planning effort is a top priority of his and the Agency’s – and that NACWA’s input into this process is critical.  NACWA will keep members updated on the progress of this initiative.

NACWA Organizes Bipartisan Letter to EPA on SSI Issues

NACWA continued to meet with Congressional offices to build support for the reconsideration of EPA's regulations of sewage sludge incinerators (SSIs).   At the Association’s urging, five Senators, including Claire McCaskill (D-Mo.), Roy Blunt (R-Mo.), Rob Portman (R-Ohio), Mark Begich (D-Alaska) and Lisa Murkowski (R-Alaska) sent a bipartisan letter  to EPA Administrator Lisa Jackson, urging her to reconsider the ruling and regulate SSIs as they historically have been.  The letter states, “These new regulations impose unnecessary air emissions requirements for incinerators burning domestic sewage sludge at POTWs [publicly owned treatment works] under §129 of the Clean Air Act (CAA)….We therefore urge you to reconsider this action and continue to regulate POTWs’ sewage sludge incinerators in accordance with §405 of the CWA and pursuant to §112 of the CAA.”  The Senate letter follows a recent letter  from Reps. Bill Pascrell (D-N.J.) and Steven LaTourette (R-Ohio) also urging the Administrator to reconsider the SSI rule and find an administrative fix.

Meanwhile, staff for Senator Ben Cardin (D-Md.), Chairman of the Senate Water & Wildlife Subcommittee, held a second meeting with EPA to discuss the legality of the SSI rule and explore the reconsideration option.  A follow-up meeting is expected soon.  NACWA is pleased about the bipartisan support for its letter-writing campaign, as well as Senator Cardin's office’s personal involvement on this vital issue.  The Association is working to encourage more Members of Congress to weigh in and will keep the membership informed as developments occur.

Court Denies Stay Motion in SSI Litigation
In a related development, a federal court issued an order  this week denying NACWA’s request for a judicial stay of the SSI rule.  Although NACWA is disappointed with this development, the court’s ruling is not unexpected given the very high legal bar for obtaining a stay.  NACWA’s litigation strategy was developed with the assumption that a judicial stay would not be granted, and this ruling will have no bearing on the likelihood of success on the merits when the court eventually reviews the Association’s full challenge to the rule.  NACWA is now moving forward to negotiate a briefing schedule with the other parties in the litigation, which should be in place within a few weeks, and will push for an aggressive briefing schedule to have the court rule on the merits of the lawsuit as soon as possible.  Additional information on the case is available on NACWA’s Litigation Tracking page and we will keep the membership updated on developments as they occur.

NACWA Requests Member Input on EPA’s CAFO Reporting Proposal

NACWA plans to submit comments on an October 21 proposal  by EPA that will allow the Agency to collect information from concentrated animal feeding operations (CAFOs).  This information will help the Agency effectively implement Clean Water Act (CWA) requirements for these facilities.  The proposal is part of a settlement with the Natural Resources Defense Council, the Waterkeeper Alliance, and the Sierra Club.  EPA proposed two options for collecting information:  1) require reporting of information from all CAFOs in the U.S., or 2) identify individual watersheds where CAFO discharges may be causing water quality concerns and obtain information only from CAFOs in these areas.  EPA also asks for comments on alternative approaches, which include obtaining data from existing sources, requiring states to submit information, and expanding outreach tools.

NACWA believes that controlling pollution from all sources is essential to guarantee an equitable approach to the nutrient pollution issue.  The Association has ramped up its efforts on the legislative front as well, including advocacy on the upcoming Farm Bill for stronger agricultural policies to control nutrient runoff.  Controlling pollution from CAFOs is another important step in reducing agricultural pollution.  NACWA requests member input on EPA’s information collection proposal for CAFOs to include in the Association’s comments, which will be submitted by the December 20 deadline.  Please send your input to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by December 14 for inclusion in the Association’s comments.

NACWA Comments on EPA’s Final 2010 Effluent Guidelines Plan

NACWA submitted comments  recently on EPA’s Final 2010 Effluent Guidelines Program Plan  with recommendations for the Agency’s upcoming shale gas extraction and dental amalgam pretreatment standards and information about nanosilver.  The Association reiterated several of the points made in its November 16 testimony  before the House Committee on Transportation & Infrastructure’s Subcommittee on Water Resources & Environment on development of pretreatment standard for the hydraulic fracturing (or “fracking”) wastewater produced in shale gas extraction.  “Although POTWs have the authority to establish local limits for any waste to prevent pass through of pollutants and interference with utility operations,” NACWA stated in its comments, “a scientifically and economically sound national pretreatment standard for the shale gas extraction industry may provide added and consistent protection to the industry, POTWs, and centralized waste treatment (CWT) facilities by providing a nationally accepted baseline for treatment of shale gas extraction wastewater.”

NACWA’s comments also referenced the multiple communications that the Association has had with EPA about the potential human health and environmental impacts of nanosilver that is released into the sewer system.  The Association urged EPA’s Office of Water to work with the Office of Pesticide Programs and with the Food and Drug Administration (FDA) to study these impacts and to reduce or prevent nanosilver discharges from both industrial manufacturing and use of consumer products.

NACWA’s comments summarized the input that the Association has given to EPA over the course of the year, stating that “NACWA’s primary concern is the potential burden to the pretreatment programs that may be required to verify compliance for hundreds of dental offices in their service areas.”  The Association recommended the use of best management practices (BMPs), rather than numeric limits, to help reduce this burden and also emphasized that a new category for dental offices is essential to minimize the POTW burden.  NACWA will notify members when the dental amalgam pretreatment standard proposal is released, likely in early 2012.  A virtual meeting of the Association’s Pretreatment & Pollution Prevention Committee is also being planned for shortly after the release of the proposal.

Agenda and Registration Now Available – NACWA 2012 Winter Conference

Join NACWA February 12 – 15, 2012 at the Omni Los Angeles Hotel at California Plaza for its Winter Conference, Watershed Moment in the Making...Conquering the Challenges of the New Regulatory Frontier.  This year’s Winter Conference program will focus on the increasing regulatory requirements clean water utilities face and the emerging suite of solutions and strategies being employed to address these regulatory pressures.  The Conference will provide an excellent opportunity to analyze the likely impact of new rules and requirements and how utilities are already responding with creative and innovative approaches that are redefining the way the clean water community will meet CWA mandates in the future.  The conference will also examine recent efforts by EPA to provide utilities with more flexibility to balance these mandates and prioritize their investments through more integrated CWA planning.  In addition, NACWA’s Winter Conference agenda will explore creative solutions to the challenges of collection system and stormwater management, in both wet and dry geographic areas, and how some communities are working to emulate natural systems as they plan for the future.

Registration and agenda  information is now available.  Be sure to call (213.617.3300) or make reservations online with the Omni Los Angeles Hotel at California Plaza to guarantee the special conference rate of $199 single/double.  When reserving your room by phone please be sure to mention that you are a participant in NACWA’s 2012 Winter Conference.  The hotel reservation deadline is Monday, January 20, 2012. Visit www.nacwa.org/12winter for more details.

Executive Education You Don’t Want to Miss – Act Before December 16 Deadline

Exceptional leadership skills are essential for today’s water and wastewater utility executives as they strive to meet customer demands with the highest level of service, quality and efficiency.  The highly regarded Water & Wastewater Leadership Center provides utility leaders – both public and private – with enhanced management and leadership tools, as well as resources, to develop strategic goals that deliver measurable results.  This intensive 11-day residential leadership development program includes a 360 degree assessment of one’s leadership style, unlimited peer networking, and the only targeted executive education curriculum tailored specifically to the water and wastewater industry.

Current and up-and-coming water and wastewater utility CEOs, General Managers, Senior Managers, and upper-level management are encouraged to apply.  The deadline for applications is December 16, 2011.  Interested individuals should visit the NACWA website to download an application today.  Contact Kelly Brocato, Program Manager, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202/833-1449 for further information.