» Update Archive

This edition of NACWA’s Legislative Update, current through December 14, 2011, provides information on the activities of the 112th Congress of interest to the nation’s public clean water agencies.  For more detailed information regarding NACWA activities, click on the web links in selected news items or visit NACWA’s website.  Please contact NACWA’s Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions or information on the Update topics.

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NACWA Testifies at House Hearing on EPA’s Integrated Planning and Permitting Framework; Continues to Advance Money Matters™ Legislative Agenda

Dave Williams, NACWA President and Director of Wastewater for the East Bay Municipal Utility District in Oakland, California, provided testimony  on behalf of the Association at a December 14 hearing — Integrated Planning and Permitting: An Opportunity for EPA to Provide Communities with Flexibility to Make Smart Investments in Water Quality — before the House Committee on Transportation & Infrastructure’s Subcommittee on Water Resources & Environment.  Carter Strickland, NACWA Board Member and Commissioner of the NewYork City Department of Environmental Protection (NYCDEP) provided testimony  at the hearing as well.  Overall, there was agreement among all witnesses that the time is now for an integrated planning approach and Representatives from both parties encouraged EPA to move forward with their integrated planning initiative expeditiously.

Williams applauded EPA’s new integrated CWA planning initiative and urged the Subcommittee to encourage EPA’s efforts.  He focused his testimony on the discussion from the Dec. 13 dialogue with EPA (see Advocacy Alert 11-26 for a detailed discussion and links to the outline of EPA’s integrated planning framework) and stated that, if done properly, integrated CWA planning can provide real flexibility in terms of compliance with rules and guidance, can apply relief mechanisms in an effective way, and used EBMUD as an example of how a changing regulatory landscape can directly affect community financial capability.  Williams also discussed the potential need for targeted legislation that can ensure the use of long-term compliance schedules in the permitting context and expressed NACWA’s commitment to continue to work with the Subcommittee on legislation as necessary.

The other witnesses were Mayor Jim Suttle, City of Omaha, for the U.S. Conference of Mayors; Mayor Joe Reardon, Mayor and CEO, Unified Government of Wyandotte County and Kansas City, Kansas, on behalf of the National League of Cities; Todd Portune, Commissioner, Hamilton County, Ohio Board of Commissioners; Walt Baker, Director, Division of Water Quality, Utah Department of Environmental Quality on behalf of the Association of Clean Water Administrators; and Katherine Baer, Senior Director of the Clean Water Program with American Rivers.  EPA testified on the second panel with Nancy Stoner, Acting Assistant Administrator for Water, and Cynthia Giles, Assistant Administrator for OECA, representing the Agency. The testimony of all witnesses is available on the Subcommittee’s website.

In addition, NACWA continues to work with Senator Sherrod Brown’s office on introduction of the Clean Water Affordability Act which would require EPA to revise financial capability guidance for combined sewer overflow consent decrees, reauthorize grants for wet weather-related projects, and potentially incorporate language addressing the integrated permitting issue.  NACWA also continues to meet with key House and Senate Committee staff and key offices to familiarize them with NACWA’s Money Matters™ legislation and build support for bipartisan introduction at the appropriate time.

NACWA Testifies on Role of Pretreatment Program in Shale Gas Fracking

NACWA testified at a November 16 hearing — Hydraulic Fracturing of Shale Beds: Ensuring Regulatory Approaches that Will Help Protect Jobs and Domestic Energy Production  — before the House Committee on Transportation & Infrastructure’s Subcommittee on Water Resources & Environment.  Martie Groome, Vice Chair of NACWA’s Pretreatment & Pollution Prevention Committee, and Laboratory & Industrial Waste Supervisor for the City of Greensboro Water Resources Department, N.C., provided testimony  on behalf of NACWA.  The other witnesses were Cynthia Dougherty, Director, Office of Ground Water & Drinking Water, EPA; Jim Hanlon, Director, Office of Wastewater Management, EPA; Michael Krancer, Secretary, Pennsylvania Department of Environmental Protection; Tom Steward, Executive Vice President, Ohio Oil and Gas Association; and Dana Murphy, Chair, Oklahoma Corporation Commission.

The hearing was held in part due to EPA’s recent announcement in its Final 2010 Effluent Guidelines Program Plan  that the Agency would develop national pretreatment standards for hydraulic fracturing (or “fracking”) wastewater being sent to publicly owned treatment works (POTWs) or being directly discharged.  NACWA’s testimony focused on how the pretreatment standards might enable clean water agencies to accept fracking wastewater, while also emphasizing that utilities could develop their own local limits to handle discharges from any industry that does not have national standards set by EPA.  The other witnesses discussed the long safety record of fracking and agreed that there are no known cases of drinking water contamination from the practice.  The questions from the Subcommittee focused mostly on the reasons why EPA has decided to examine this industry for pretreatment standards now, the potential impacts of pretreatment standards and other regulations on jobs and the economy, and the role of the states versus the federal government in the regulation of fracking.  Groome was asked questions about the role of local utilities in treating fracking waste, responding with explanations about how utilities can protect their operations and the environment by either developing local limits for total dissolved solids and other potential contaminants in fracking wastewater or refusing to accept the waste if they are not equipped to treat it.

NACWA has gathered member input on EPA’s Final 2010 Effluent Guidelines Program Plan, as requested in Advocacy Alert 11-24, and has submitted comments  on the Plan.  NACWA will closely follow the development of the pretreatment standards for fracking wastewater and will keep members informed of EPA’s progress.

Biosolids and Incineration

NACWA Continues to Build Congressional Support for Reconsideration of Incinerator Rule

NACWA continued to meet with key offices in both the House and Senate to garner support for the reconsideration of EPA's regulations of sewage sludge incinerators (SSIs).  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 — under § 112 rather than §129 of the Clean Air Act (CAA).  The Senate letter follows a recent letter  from Reps. Bill Pascrell (D-N.J.) and Steven LaTourette (R-Ohio) urging the Administrator to reconsider the SSI rule and find an administrative fix.

Meanwhile, staff for Senator Cardin (D-Md.), Chairman of the Senate Water and Wildlife Subcommittee, held a meeting with EPA to discuss the SSI rule and explore the reconsideration option.  Sen. Cardin also played an important role in scheduling an upcoming meeting between NACWA and EPA Deputy Administrator Bob Perciasepe to discuss the SSI issue.  NACWA is reaching out to Senator Portman (R-Ohio) to discuss potential legislation that would clarify that hazardous air emissions from sewage sludge incineration is to be regulated according to the authority in §112 of the CAA.  NACWA believes that the bipartisan letters of support, potential legislation and Senator Cardin's continued involvement in this issue will raise the importance of this issue at EPA and potentially lead to a favorable outcome.  NACWA will keep the membership informed as developments occur.

Funding

Senate Holds Hearing on the Need for Greater Water Infrastructure Funding

On Tuesday, the Senate Environment and Public Works (EPW) Committee held a hearing entitled Our Nation's Water Infrastructure Funding Crisis in an effort to build support for water infrastructure funding legislation next year.   Led by Senators Ben Cardin (D-Md.) and Jeff Sessions (R-Ala.), the Senators shared a united message—that investment in water infrastructure makes eminent economic sense, creates quality jobs in the short-term, contributes to the long-term competitiveness of American industry, and maintains public health and environmental well-being.  The witnesses, who included Gregory DiLoreto of the American Society of Civil Engineers, Joe Freeman of the Financial Assistance Division at the State of Oklahoma Water Resources Board, Theodore Scott of Stormwater Maintenance, and Van Richey of the American Cast Iron Pipe Company, echoed this sentiment.  They also emphasized the success of the Clean Water and Drinking Water State Revolving Funds in helping communities deal with deteriorating water infrastructure and overwhelming funding gaps and encouraged Congress to fortify these and other federal water infrastructure support programs.  James Hanlon, Director of the EPA’s Office of Wastewater Management also testified, highlighting the work EPA is doing to create an integrated planning initiative so communities can prioritize their investments to gain the maximum water quality benefit out of every dollar spent.

The EPW Committee is expected to hold a follow-up hearing on water infrastructure funding next year and also is poised to introduce legislation that would focus more on financing issues than on significant new federal investment in water infrastructure.  NACWA will keep members apprised of EPW Committee actions as they unfold.

The Senate Takes a Pass on Infrastructure Bank; NACWA Continues to Push for Clean Water Funding

While the Senate hearing above discussed legislative action next year, the Senate’s recent actions consisted of voting down a measure to consider a $60 billion package that would have included about $50 billion in transportation funding, a $10 billion infrastructure bank, and an amendment developed by Sens. Ben Cardin (D-Md.) and James Inhofe (R-Okla.) to provide $2 billion in additional funding to the state revolving funds. The bill, the Rebuild America Jobs Act (S. 1769), failed to garner the 60 votes needed to pass the motion to proceed, receiving 51 votes in the Senate.  Though the bill demonstrates the controversial nature of any spending measures in this Congress, the amendment language does demonstrate the viability of including funding for clean water infrastructure as jobs bills continue to receive Congressional attention.

In addition to the activity on Capitol Hill, NACWA and the Water Environment Federation (WEF) met with Marcia McNutt, Director of the U.S. Geological Survey (USGS) and other key USGS staff to urge continued and consistent funding for the National Water Quality Assessment (NAWQA) program.  McNutt was receptive to the importance of the NAWQA program and expressed her interest in maintaining solid funding levels.  NACWA and WEF made the case that for the program to continue to provide consistent and reliable monitoring data, especially data related to nutrient loads and respective pollution sources, it is critically important that funding levels be enhanced and, minimally, sustained.  In a follow-up email after our meeting, McNutt noted that “I appreciate the support you give to the USGS and the value you place in our efforts. I look forward to working with you to make sure we can rebuild a robust water quality monitoring program.”  The Association will continue to update members on this effort as it proceeds.

Nutrient Issues/Farm Bill Reauthorization

The Super Committee’s failure to come up with a proposal in which a new five-year farm bill could have been incorporated has opened the door for the Farm Bill to be considered on regular order.  NACWA is gearing up for a legislative effort raising awareness of the need to control nutrient run-off from agricultural operations to better address water quality impairments caused by nutrient contamination.  NACWA will release a white paper providing its perspective on why this issue is of critical importance to urban water and wastewater ratepayers early next year.  In addition, the Healthy Waters Coalition will also release a set of policy recommendations on how Congress should consider addressing this issue.

RECENTLY INTRODUCED CONGRESSIONAL LEGISLATION

• Representative Chellie Pingree (D-Maine) introduced the Comprehensive National Mercury Monitoring Act (H.R. 3391) on November 4, 2011 to provide for the establishment of a national mercury monitoring program.  The legislation currently has eight cosponsors.
• Representative Rush Holt (D-N.J.) introduced the Sustainable States Act of 2011 (H.R. 3424) on November 15, 2011 to establish a program under which the Administrator of EPA shall provide grants to eligible State consortia to establish and carry out municipal sustainability certification programs, and for other purpose. The legislation currently has the following Democratic New Jersey Representatives as co-sponsors: Robert Andrews, Steven Rothman, and Albio Sires (D-N.J.).

CONGRESSIONAL HEARINGS

• The House of Representatives’ Subcommittee on Conservation, Energy, and Forestry held a hearing on November 3, 2011 entitled, “Implementation of Phase II of the Chesapeake Bay TMDL Watershed Implementation Plans and their impacts on rural communities”.  For more information on this hearing, go to the Agriculture Committee’s website.
• The Senate Committee on Energy and Natural Resources held a field hearing in Charleston, W.Va. on November 14, 2011 to examine Marcellus shale gas development and production in West Virginia.  For more information on this hearing, go to the Committee’s website.