NACWA Board Approves Utility of the Future Blueprint for Action

NACWA’s Board of Directors this week approved a Targeted Action Fund (TAF) proposal to work with the Water Environment Research Foundation (WERF) and the Water Environment Federation (WEF) to develop a Blueprint for Action on Utility of the Future (UOTF) issues.  As the proposal stated, the Blueprint will define relevant issues, research and analyze key data, and offer recommendations for critical actions for the future. It also will educate and inform – as well as provide a path forward for research-based advocacy to remove barriers and provide incentives, easing the way for interested utilities.

Activities contemplated by the UOTF Blueprint include electricity generation through methane recovery, solar photovoltaics, or wind turbines; recovery and reuse of waste heat; recovery of commercially valuable materials from both liquid and biosolids streams; reuse of wastewater for cooling, recharge, landscape irrigation; green infrastructure; and product stewardship and pretreatment initiatives.  These were among the issues identified as relevant in a recent survey of public clean water utilities (both NACWA member agencies and non-members) conducted by the Association. The Blueprint will also be clear that decisions about whether or not to engage in these activities are entirely based on local, site-specific considerations.

The Board of Directors had a productive discussion on this project proposal at its meeting in July in Philadelphia and Board Members shared thoughtful comments as part of the voting process.  NACWA will begin work on this project now so that the Blueprint for Action publication can be completed by January, 2013 to help serve as an informative and important post-election outreach vehicle to the Administration, Members of Congress, states, and other key stakeholders.

Secondary Treatment Petition Lawsuit Suspended, EPA to Respond in Mid-December

Federal litigation over EPA’s response to a petition requesting changes in the Agency’s secondary treatment regulations has been placed in abeyance pending an EPA response to the petition by December 14, 2012.  EPA and the U.S. Department of Justice (DOJ) filed a letter August 10 indicating that the parties had agreed to transfer the case to the suspense docket in anticipation of EPA responding to the underlying petition in December.  Once EPA provides a response, the parties to the case will work on crafting a joint order to dismiss the case and end the litigation.  Under the terms of the letter, EPA has not committed to what the substance of the petition response might be, only that it will be provided in December.

The litigation was initiated by the Natural Resources Defense Council (NRDC) in March, alleging that EPA’s lack of response to a 2007 NRDC petition requesting changes to the secondary treatment regulations to include nutrient removal constituted an unreasonable delay.  (Additional information on the case is available here.) NACWA’s Board of Director’s approved Association intervention in the case if necessary, and NACWA has had significant conversations with EPA and DOJ regarding the case over recent months.  These conversations have been very productive and provided NACWA with an opportunity to influence the Agency’s response to the lawsuit.  NACWA’s strong interest in the litigation and readiness to intervene played a role in having the case placed in abeyance, rather than EPA entering a settlement agreement with NRDC.

NACWA stands ready to intervene in the case moving forward if necessary, although it is likely the case will be dismissed as moot once EPA responds to the underlying petition.  NACWA believes EPA’s work on a substantive response to the petition moves this litigation in a positive direction, and will be in close contact with the Agency over the coming months to provide information and assistance where appropriate as EPA drafts its response.  NACWA has already intervened in a related federal lawsuit regarding federal numeric nutrient criteria for the Mississippi River Basin.  More information on that case in available on the Association’s Litigation Tracking webpage.  A proposed briefing schedule in that case is expected by the end of August.  NACWA will continue to keep the membership updated as developments unfold in both of these important lawsuits.

Water Sector Coordinating Council Workgroup Prepares to Update Security Roadmap

A workgroup of the Water Sector Coordinating Council (WSCC) met by conference call this week to discuss updates to the Roadmap to a Secure & Resilient Water Sector that was published in 2009.  The Roadmap defines the top priorities for managing and reducing risk to the water sector and provides a plan for the actions that the WSCC, EPA, and other water sector partners can take to fulfill these priorities.  NACWA is represented on the workgroup by one of its WSCC representatives, Patty Cleveland, Manager of Operations with the Trinity River Authority, Texas, and a NACWA Board member.

The workgroup will meet several times in the next few months to establish the priorities and actions that will be outlined in the Roadmap.  NACWA members that have suggestions for security and emergency preparedness initiatives that would benefit water and wastewater utilities should contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by August 31.

NACWA Meets with USDA to Discuss Collaboration on Water Quality Trading

NACWA met with the U.S. Department of Agriculture’s (USDA) Office of Environmental Markets to discuss work the Department is doing to support the development of water quality trading markets and opportunities for future collaboration with NACWA's Water Quality Trading Working Group.  USDA's Office of Environmental Markets is only three years old, and its establishment reflects the growing interest in water quality trading around the country and within the agricultural community.  The Office plans to release several position papers on market infrastructure in the spring, some of which will focus on credit stacking, additionality, and trading ratios.  NACWA's Working Group will provide stakeholder feedback to the Agency following the papers' release.

In the meantime, the Water Quality Trading Working Group will be holding a call on August 28 with the Electric Power Research Institute (EPRI), to discuss EPRI's Ohio River Basin Water Quality Trading Project and opportunities for NACWA engagement.  If you are interested in more information, joining the Working Group and/or participating on the call, please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Participates in Department of Defense Emergency Response Seminar

NACWA staff and member representative Carol Adams, Senior Systems Analyst/Disaster Recovery-Business Continuity Coordinator for ALCOSAN, attended a Department of Defense (DOD) seminar on the Defense Support of Civil Authorities (DSCA).  The DSCA provides support to civil authorities in dealing with emergencies, such as natural disasters and terrorist attacks, when requested by government entities.  This seminar provided information to DOD and other federal, state, and local agency officials about the planning, coordination, and execution of DSCA operations for emergencies.  One of the DSCA missions is protection of critical infrastructure, including water and wastewater utilities.  Information about wastewater operations may be particularly relevant to the DOD’s chemical, biological, radiological, and nuclear (CBRN) response capabilities, since decontamination wastewater must be handled appropriately to prevent problems at treatment plants and prevent additional hazards to human health and the environment.  NACWA plans to participate in future DSCA seminars and related activities to provide information about wastewater operations and ensure that appropriate communication channels exist between water sector utilities and the DOD for emergency response.

This Week on Engage™ – Add a Feed to Your Home Page

Did you know that you can add live feeds from NACWA’s Twitter account and blog - The Water VoiceTM - to your home page on EngageTM? To access Engage, users can go to www.nacwaengage.org.  Remember to use the same email address and password that you use to access the members-only section of the NACWA website.  Once on your homepage, scroll down to the section titled, “My Feeds” or go to www.nacwaengage.org/feedscenter. There you will see two items listed: 1) NACWA – for The Water VoiceTM; and 2) Twitter/NACWA – for NACWA’s Twitter account. Once you subscribe by clicking on the blue plus signs, you will see live updates for both on your Engage home page under the “My Feeds” section. If you have any questions or you need help accessing the site, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it via the link or at 202.530.2758.

The Water Voice™ Invites Reader Participation on Advocacy Issues

NACWA’s blog, The Water Voice™, has featured insightful analysis of several pressing issues and what the implications are for our members:

• It’s Time for a New Approach to Financial Capability Assessments explores the implications of EPA’s use of an outdated approach to assessing the financial capability of communities to pay for Clean Water Act investments.
• NACWA’s SSI Lawsuit is about Getting the Regulations Right discusses NACWA’s largest litigation effort in its history as it challenges EPA’s new rules for sewage sludge incineration (SSI) emissions under the Clean Air Act as scientifically flawed and without legal merit.
• Senate Takes Baby Steps Toward Improved Nutrient Management on the Farm. Will Farmers (and Wastewater Utilities) Follow Along? questions whether wastewater utilities will take advantage of a Regional Conservation Partnership Program (RCPP) introduced in the 2012 Farm Bill that would provide conservation funding to farmers who undertake nutrient management activities in critical conservation areas.