» Clean Water Current Archive

April 27, 2012

Policy Forum Highlights Advocacy Efforts, Focuses on Utility of the Future

NACWA’s National Environmental Policy Forum took place this week in Washington, DC, and underscored the influential role the Association plays in helping to shape Congress’ and EPA’s clean water agenda.  While there were many highlights in the remarks made by an array of high level policy-makers throughout the Forum, perhaps the most vital component of the meeting was the large number of public agency members who took the national clean water message on regulatory prioritization/integrated planning, funding and financing, and the need to address nonpoint sources of pollution, to their Members of Congress.  As the keynote speaker and Chair of the Senate Water & Wildlife Subcommittee, Sen. Ben Cardin (D-Md.), noted “It is critically important that you [NACWA members] find time to come to DC.  This afternoon you will be going to Capitol Hill and this has an enormous impact. Without you going to Capitol Hill we can’t get the message.”

Integrated Planning, Transformational Leadership Receive Attention
The Association’s Regulatory, Legislative and Legal Affairs committees met jointly on Monday and had a detailed discussion of the benefits and roadblocks to utility development of integrated plans under EPA’s forthcoming framework, expected to be released next month.  Several utilities shared that they already are developing plans.  EPA representatives at the Policy Forum reassured the membership that they will be supportive of utility efforts, but underscored the fact that the states and regions will be taking the lead in negotiations with utilities on these plans.

A Utility Executives Roundtable — Exploring the Water Resources Utility of the Future — showcased the array of transformational leadership efforts being undertaken by utilities across the country. From energy recovery and production, to broad-based green infrastructure implementation and water reclamation and reuse, there was a clear consensus that NACWA needed to bring its targeted advocacy capabilities to bear to maximize federal support for these types of efforts.  The Association will be putting together both a member survey and, based upon member input, an advocacy plan of action going forward.

Key Announcements Made at Policy Forum

At this week’s Policy Forum, staff for Rep. Earl Blumenauer (D-Ore.) announced his plans to introduce revised clean water trust fund legislation  soon.  The legislation will provide significant new funds for infrastructure projects and would seek to institute a product labeling program for entities paying into the trust fund that would showcase their support for clean water.

Forum attendees also learned of the retirement of Jim Hanlon, the Director of EPA’s Office of Wastewater Management, after 39 years with the Agency.  Hanlon’s last day at EPA will be June 1.  NACWA members honored Jim with a standing ovation at Wednesday’s Forum session, congratulating him on a career of dedicated service to the Nation’s environment.

NACWA Honors Worthy Recipients with NEEA, Hall of Fame Awards
NACWA honored nineteen individuals with National Environmental Achievement Awards (NEAA) and welcomed three new inductees to NACWA’s Hall of Fame at the 2012 National Environmental Policy Forum Awards Ceremony & Luncheon.  The NEAA honorees were recognized for making a significant impact on their communities, on NACWA and, most importantly, on the environment. Bob Dominak, formerly with the Northeast Ohio Regional Sewer District, Norm LeBlanc, formerly with the Hampton Roads Sanitation District, Va., and Mike McCabe, formerly with the Milwaukee Metropolitan Sewerage District, were inducted into NACWA’s Hall of Fame for their significant contributions to the Association, and the clean water industry.  Visit NACWA’s website for a list of the winners and photos from the ceremony.  NACWA congratulates all of the 2012 honorees!

Early Days of the Clean Water Act Revisited
The early days of the Clean Water Act were revisited in awards luncheon remarks by Leon Billings, staff director of the Senate Environment & Public Works Committee at the time this landmark environmental legislation was passed.  Reflecting both on the negotiations leading up to the passage of the Act – and developments since – Billings’ remarks provided an invaluable perspective to Forum attendees, as the Act marks its 40th anniversary.

Conference Remarks & Presentations Now Available on Website
Remarks and presentations from the conference are available on NACWA’s website.  The Association also live-tweeted throughout the Forum using #NEPF12.  You can find NACWA on Twitter at www.twitter.com/NACWA.  Photos from the event were posted on our Facebook page at www.facebook.com/nacwaorg.

NACWA Board Meets in Washington

NACWA’s Board of Directors met in Washington, DC in advance of the Association’s 2012 National Environmental Policy Forum, taking action on several notable matters.  The Board acted to approve a preliminary FY 2013 General Fund budget.  Ever mindful of the current economic climate, the FY 2013 budget development process included a thorough review of revenues and expenditures, as well as an assessment of NACWA’s ability to maintain and enhance its delivery of essential services to its members.

The preliminary budget calls for a 3% increase in dues for all membership categories, with public agency increases ranging from $40/year for our smallest members to $1,660/year for our largest utilities.  NACWA’s FY 2013 preliminary budget includes the allocation of 300,000 in dues to support the Targeted Action Fund (TAF), which is also anticipated to be bolstered by voluntary contributions from the membership.   We anticipate a challenging year ahead with many issues of critical importance to our Member Agencies including nutrients; funding; integrated planning and building on our Money Matters. . .Smarter Investment to Advance Clean Water™ campaign; stormwater; and, an array of advocacy initiatives focused on supporting the water resources utility of the future.  A complete overview and details information on the preliminary FY 2013 budgets will be forwarded to the membership via Member Update for review and comment before final action by the Board when they meet in mid-July.

Nutrient-Focused Resolution Approved
At their April 22 meeting, the Board approved a NACWA Water Quality Committee-recommended, and Regulatory Policy Committee-endorsed, resolution Comprehensive Water Quality Monitoring to Address Nutrient-Related Impacts .  The resolution relates to nutrient monitoring and the importance of a clean water agency ‘knowing its watershed’.   The concept was an outgrowth of NACWA’s 2010 Nutrient Summit during which participants agreed that where monitoring programs were lacking, it was presumed that the clean water community would work to ensure that the appropriate data were collected.  Building on this recommendation from the Summit, this action by NACWA’s Board further demonstrates the clean water community’s leadership on this issue.

Association to File Amicus Briefs in Two Lawsuits
NACWA engagement in two litigation matters with potential for national precedent was also approved.  The Association will file amicus curiae briefs in Center for Biological Diversity v. EPA, which deals with EPA’s decision to defer regulation of biogenic emissions from wastewater treatment plants under the Clean Air Act and recent EPA regulations.  The second case, DeKalb County v. US, deals with the failure of certain federal government facilities to pay municipal stormwater fees to a NACWA member utility in Georgia.  Additional information on the details of these cases, as well as their potential to set national precedent, will soon be available on the Litigation Tracking section of NACWA’s website.

NACWA Keeps Spotlight on Water Quality Trading, Nutrient Issues

In addition to the Board of Directors approving a resolution on nutrient monitoring (see preceding article), NACWA members met with EPA staff this week to introduce the Association’s recently-formed Water Quality Trading Working Group and discuss future opportunities for engagement and collaboration.  Although there is no federal policy on water quality trading, EPA said it is supportive of the concept and referred to its 2003 Trading Policy document which provides guidance on ensuring the integrity of water quality credits.  EPA will be reviewing this policy document next month.  NACWA is excited to engage in-depth in the trading issue and the Working Group, chaired by David Taylor of the Madison Metropolitan Sewerage District, will be holding a kick-off call soon to create an advocacy agenda and work plan.  If you are interested in participating or would like more information on this group, please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Nutrient Lawsuits Take Center Stage
NACWA continued its efforts this week to intervene in two recent lawsuits dealing with nutrient issues that have the potential to significantly impact the Association’s clean water utility members.  In addition to updating Association members on the status of the two lawsuits at this week’s National Environmental Policy Forum (see related article), NACWA also met April 26 with key EPA and Department of Justice (DOJ) officials to discuss the two cases.  The discussion at the meeting was very productive, and will help to inform NACWA’s work to draft legal papers for intervention in the two cases.  NACWA looks forward to continued discussion with EPA and plans to file it intervention papers at the appropriate time.

The two cases were filed last month by environmental activist groups, and NACWA’s Board of Directors moved quickly to unanimously approve the Association’s intervention on both ligation matters to ensure the perspective of the municipal clean water community is represented.  One lawsuit, Natural Resources Defense Council v. EPA, deals with an environmental activist petition to update EPA’s secondary treatment regulations to require nutrient removal for all wastewater treatment plants in the United States.  The second suit, Gulf Restoration Network v. EPA, deals with development of numeric nutrient criteria for the Mississippi River Basin.  Members will receive updates on developments as they occur.

EPA Continues Work on Stormwater Rule

Top EPA water officials confirmed this week at NACWA’s National Environmental Policy Forum (see related article) that the Agency continues work on developing a new national post-construction stormwater rule.  Publication of a draft version of the rule for public comment is not anticipated until early 2013.  EPA is still reviewing a number of the technical aspects of the rule, including how to calculate an accurate economic analysis of the potential costs and benefits of new stormwater controls.  Many of these analyses are proving more complicated than originally anticipated. EPA’s previous deadline for the rule was April 27, but the Agency has established a new interim deadline of May 11 while it works to develop a revised long-term schedule that will outline specific dates for promulgation of a proposed rule and final rule.  NACWA will advise its members as soon as the specifics of a rulemaking schedule are known.  The Association also looks forward to continued work with EPA in the coming months as the Agency further develops the rule to ensure that the perspective of the municipal stormwater community is represented in the rulemaking process

NACWA Meets with OMB on Controversial Stormwater Memo
In a related development, NACWA met on April 25 with the White House Office of Management & Budget (OMB) to discuss potential revisions to EPA’s controversial 2010 memorandum on stormwater permits and total maximum daily loads (TMDLs).  Joining NACWA in the meeting were the American Public Works Association (APWA) and the National Association of Flood & Stormwater Management Agencies (NAFSMA).  The three organizations reiterated their mutual concern – previously provided to EPA in written comments – regarding the memo.  In particular, the municipal groups emphasized that the memo marked a significant policy change that could only be done through a formal rulemaking process, and highlighted the significant legal flaws with the document.  The groups also outlined the major economic impacts the memo could have on municipal stormwater utilities, a fact that seemed to resonate with OMB staff.  NACWA and its municipal partners reiterated the need for EPA to withdraw the 2010 memo, and expressed concern that some states and EPA Regions continue to cite to the 2010 memo as current Agency policy, even though OMB review of potential changes to the document has not been completed.  NACWA will follow up with OMB regarding these discussions, and will keep the membership updated on developments.

Senate Agriculture Committee Reports Farm Bill, Nutrient Management Included in Committee Mark

The Healthy Waters Coalition, convened by NACWA, scored a modest victory this week as the Senate Agriculture Committee reported its proposed 2012 Farm Bill and included, at the request of Senator Sherrod Brown (D-OH), nutrient management within a newly-created Regional Conservation Partnership Program (RCPP).  The Healthy Waters Coalition met with Senator Brown’s office several times and asked him to intervene to ensure that language be included in the Farm Bill that raised the issue of nutrient management and targeted funding for it.  The original Senate Agriculture Committee legislative draft did not identify nutrient management as an area of concern for focus in the RCPP.  Senator Brown’s action ensured that nutrient management was considered a ‘water quality issue of concern’, as was sediment and erosion control in the RCPP.

The Healthy Waters Coalition will continue to seek opportunities to ensure that nutrient management receives targeted funding support from the resources allocated under the Farm Bill.  The Senate Agriculture Committee package, approved on a 16 to 5 vote, now moves on for consideration by the full Senate.  Timing for floor consideration is uncertain.  The current Farm Bill expires at the end of the 2012 fiscal year.  Congress will need to act before then to ensure that funding continues for certain Farm Bill-related programs.  For more information about the activities by the Healthy Waters Coalition, contact NACWA’s Legislative Director, Patricia Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Mark Your Calendar!  Upcoming Conferences Provide Unique Networking Opportunities

NACWA’s members are part of a dynamic network, focusing on emerging and evolving legislative, regulatory and environmental initiatives – as well as legal and management developments.  NACWA’s conferences, workshops and seminars offer the latest information on arrange of clean water issues and provide attendees with an unparalleled opportunity to network with colleagues from across the country.  Mark your calendar for the following opportunities to meet with other utility leaders and innovators:

• Summer Conference & 42nd Annual Meeting
Transformational Leadership. . . . Changing the Game for the Next 40 Years of Clean Water
July 15 – 18, 2012
Hyatt Regency Philadelphia at Penn's Landing
Philadelphia, Pennsylvania

• Developments in Clean Water Law Seminar
November 14 – 16, 2012
Seattle, Washington

• 2013 Winter Conference
February 3 – 6, 2013*
Hyatt Regency Miami
Miami, Florida

*Dates for the 2013 Winter Conference were incorrectly listed in the Policy Forum program. The correct dates are February 3-6.