» Clean Water Current Archive

July 6, 2012

NACWA to Testify at House Hearing on Integrated Planning Implementation

The House Subcommittee on Water Resources & Environment invited NACWA this week to testify at a July 25 hearing that will explore needed next steps to ensure the effective implementation of EPA’s recently released integrated planning framework.  DC Water’s General Manager, George Hawkins – a Board Member and Chair of the Association’s Money Matters Task Force – will be testifying on behalf of NACWA.  The Association views the integrated planning framework as a key step in advancing the goals of its Money Matters. . . Smarter Investment to Advance Clean Water™ campaign, but will also call on Congress and EPA to continue to ensure maximum municipal flexibility in determining Clean Water Act (CWA) compliance priorities – and community affordability limits to achieve them.  There have been a number of recent agreements, primarily in the consent decree context, that exemplify how integrated planning concepts can provide some relief (see, for example, the story on Atlanta’s consent decree extension in this Current).

In addition to the national policy perspective, the testimony will also focus on DC Water’s very compelling story of seeking to comply with an array of costly CWA requirements.  Among its requirements, DC Water faced sewer overflow control and nutrient limits – with a ratepayer base that includes a large low-income population and serious affordability constraints.  Other groups expected to testify at the hearing include the U.S. Conference of Mayors, the Association of Clean Water Administrators, and EPA, and possibly others.  The hearing is a follow-up to a December 2011 Subcommittee hearing on integrated planning issues at which NACWA’s President David Williams provided testimony . NACWA will make its testimony for the July 25 hearing available to its members when it is finalized.

EPA Announces New Schedule for Stormwater Rulemaking

EPA informed NACWA this week that the Agency has established a revised schedule for its development of a new national post-construction stormwater rule.  The new schedule calls for EPA to publish a draft version of the rule for public comment by June 10, 2013.  The Agency will promulgate a final version of the rule by December 10, 2014.

EPA has been working on the rule since late 2009 and originally was scheduled to release a proposal in September 2011, with a final rule by November 2012.  The Agency’s progress on the rule, however, has been significantly delayed and the revised dates announced this week are consistent with recent EPA statements that a draft would not be available until next year.  NACWA has been in close communication with EPA during the rulemaking process, and will continue its aggressive advocacy as the rule moves forward.  The membership will be kept apprised as developments occur.

NACWA Letter Supports Atlanta Consent Decree Extension

NACWA submitted a letter this week to the U.S. Department of Justice (DOJ) strongly supporting a recent consent decree modification and extension for Association member the City of Atlanta.  The proposed modification, which is currently undergoing public comment, would extend the end date of Atlanta’s current wet weather consent decree by 13 years to 2027(see May 18 Clean Water Current for additional background).

NACWA’s letter applauds the City, DOJ, and EPA for reaching agreement on the extension, which recognizes the significant investment already made by Atlanta in reducing sewer overflows – while acknowledging the substantial economic challenges facing the city and its ratepayers in completing the decree.  The letter notes that the schedule extension strikes an appropriate balance between making sewer system improvements in a cost-effective, prioritized approach while also protecting public health and the environment.  The agreement is also entirely consistent with NACWA’s ongoing efforts to secure additional flexibility for clean water agencies in meeting their wet weather and Clean Water Act obligations.  NACWA is pleased to support Atlanta’s proposed consent decree modification and is hopeful that it will soon be approved in federal court.