» Clean Water Current Archive

September 7, 2012

Potential Impact of New Data Analysis on Proposed Recreational Water Quality Criteria Explored

NACWA met with Betsy Southerland, director of the Office of Science & Technology (OST) in EPA’s Office of Water, and key staff this week to discuss in more detail the additional analyses the Agency is conducting to determine whether existing epidemiological data could support lower (more stringent) recreational water quality criteria values (than those proposed in December 2011).  EPA received significant comment questioning whether the Agency had used all of the data it had available at the time of the proposal.  Agency staff are redoubling their efforts to look at the data from EPA’s National Epidemiological & Environmental Assessment of Recreational Water (NEEAR) study in new ways to see how they may inform the final criteria values.

Members of NACWA’s Water Quality Committee participated in the call and sought clarification on the statistical procedures being used to evaluate the data, among other details.  EPA is evaluating different levels of water quality – the proposed geometric mean level for marine waters is 35cfu of Enterococci per 100mL of water – to determine if the NEEAR data would support a lower geometric mean.  NACWA plans to submit several follow-up questions to EPA on the new data analysis.  The current deadline for publication of the final criteria is October 15, 2012.  The Agency, however, has requested an extension to November 30, 2012, and NACWA understands that all parties to the lawsuit dictating the deadline will not oppose the extension.

NACWA Offers Information/Data as EPA Considers NRDC Nutrient Petition Response

NACWA met this week with EPA’s Betsy Southerland and OST staff (see related story) to discuss the Agency’s efforts to develop a response to the Natural Resources Defense Council (NRDC) petition to modify the definition of secondary treatment to include nutrient removal.  Federal litigation over EPA’s failure to respond to the petition has now been placed in abeyance to allow time for EPA to develop a response.  During the meeting NACWA reiterated that the arguments laid out in previous correspondence to EPA on the petition, including the legal and technical rationale for the Agency to deny the petition, remain valid today – nearly five years after the petition was filed.  NACWA also offered to provide EPA information, including cost estimates, information on the performance of secondary treatment, and any nutrient data its members are willing to share, to assist the Agency in developing a response to the petition.  The Agency provided few details on its next steps as it works to meet its December 14 deadline for issuing a response.  NACWA will be working through its Water Quality Committee to track the Agency’s efforts and will weigh in as necessary with additional information.

NACWA, ACWA to Co-Convene a Region 3 Workshop on Integrated Planning

NACWA and the Association of Clean Water Administrators (ACWA) will be hosting an Integrated Planning Workshop in Washington, DC on October 24, seeking to bring Region 3 clean water agencies, state and federal regulators and enforcement officials – as well as key experts – together to discuss integrated planning in both the permitting and consent decree contexts.  The Workshop will serve as a pilot to determine how best to proceed with similar workshops in other key regions.  It will provide the opportunity to explore how communities are benefitting from EPA’s integrated planning framework – and provide important information on the hurdles or barriers that may stand in the way of implementing the framework from the perspective of all key stakeholders. Pennsylvania, Maryland and Virginia state officials have already confirmed their participation as have EPA Region 3 officials.  EPA Headquarters leaders on this issue from the Office of Water as well as the Office of Enforcement & Compliance Assurance (OECA) are also confirmed to participate. Region 3 member agencies interested in participating or other NACWA members interested in observing should contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA, EPA Discuss Post-Construction Stormwater Rule

NACWA discussed EPA’s continued work on a new national post-construction stormwater rule with key Office of Water staff this week.  EPA recently announced a revised date of June 2013 for release of a draft rule and public comment, and NACWA requested the meeting to receive an update on the rule’s current status.  EPA staff indicated that they continue to work on the proposal and that – from a substantive standpoint – the major elements of the rule have not changed from those previously discussed with NACWA and the public.  Most notably, the rule proposal is still expected to include an expansion of current federal stormwater jurisdiction; new performance standards for new development and redevelopment projects to require on-site retention of stormwater; and, a potential urban retrofit requirement to reduce areas of existing impervious surface.  EPA continues to work on cost/benefit analyses for the new development/redevelopment performance standards and retrofit components.  Agency officials indicated that these analyses have been difficult given the nature of the rule – particularly for retrofits – and suggested that the outcome of the analyses could impact whether some planned elements are ultimately included in the rule proposal.  Agency staff also indicated that EPA will need to complete its final “options selection” process for the rule by late this year in order to meet its June 2013 deadline, with the draft rule likely going to the Office of Management & Budget (OMB) for interagency review in late February.  EPA anticipates sending a Report to Congress on the national stormwater program before the draft rule is publicly released, although the exact timing of the Report is still unclear.  NACWA will be communicating closely with the Agency on all of these issues over the coming months and will keep the membership updated.

EPA to Meet with NACWA on Water Quality Trading Issues

In response to a letter that NACWA’s Water Quality Trading Working Group sent to the Agency in July, EPA has requested a meeting with the Association to discuss how to move forward on the water quality trading front.  NACWA’s letter urged EPA to revise its 2003 Water Quality Trading Policy, and recommended a series of clarifications to the Policy that would encourage greater market formation and broader market participation, especially from nonpoint sources.  Most notably, NACWA cited its concerns that EPA’s Policy appears to focus primarily on linking water quality trading to implementation of total maximum daily loads (TMDLs).  While it is unclear whether EPA plans to update the trading policy in the near future, NACWA is encouraged by EPA’s interest in discussing these issues.  The Association will continue to update the membership as developments occur.

WEFTEC Events to Focus on Utility Leaders

Make your plans to attend the NACWA/WEF Hot Topics Breakfast, Tuesday October 2, during WEFTEC in New Orleans.  The breakfast meeting will feature updates from senior EPA officials from the Office of Water and Office of Enforcement & Compliance Assurance on the latest regulatory developments.  Deborah Nagle, Director of the Water Permits Division in the Office of Wastewater Management; Jeff Lape, Deputy Director of the Office of Science & Technology; Denise Keehner, Director, Office of Wetlands, Oceans & Watersheds; and Loren Denton, Chief, Municipal Enforcement Branch, Water Enforcement Division, have already confirmed their participation.  The EPA staff will also be available to answer your questions.  The Hot Topics Breakfast will begin at 8:00 am. We invite you to RSVP today.

NACWA and the Water Environment Federation (WEF) are collaborating to bring you the Utility Leaders Morning during WEFTEC 2012 in New Orleans.  In addition to the Hot Topics Breakfast, the morning of October 2 will also feature a Utility Executives Forum that will provide an opportunity for utility executives and invited guests to discuss management and leadership issues.  The 2012 Utility Executives Forum will focus on opportunities for transformational change for water utilities and the sector broadly. The Forum begins at 10:00 am, just down the hall from the breakfast.  Utility executives interested in attending the Forum should RSVP directly to WEF’s Arika Lawrence at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Provides Input on Review of Root Control Chemical by EPA’s Pesticide Office

NACWA submitted comments this week on EPA’s registration review for the herbicide and root control chemical dichlobenil.  The Association has continued to weigh in on key EPA actions regarding the regulation of pesticides over the past several years given the potential for these chemicals to interfere with the wastewater treatment process – and the difficulty in controlling their discharge.  NACWA is particularly interested in the registration review for dichlobenil given its use as an effective root control chemical in wastewater collection systems.  NACWA’s comments stressed that EPA should strike the right balance during its registration review by identifying risk management strategies that will allow for dichlobenil’s continued use, while protecting wastewater collection system workers, wastewater treatment operations, and the nation’s receiving waters.

Law Seminar to Deliver Engaging, Educational Program

Registration is now available for NACWA’s 2012 Developments in Clean Water Law Seminar, November 14-16, in Seattle, Washington.  The agenda promises to cover a wide range of legal and regulatory challenges impacting clean water utilities – providing relevant information for any attorney or public agency manager working on municipal wastewater and stormwater issues.  Topics planned for this year include a look at the legal implications of EPA’s integrated planning effort; a review of recent developments involving wet weather consent decrees, discussion of key nutrient issues and lawsuits, legal developments in the stormwater arena; and, an analysis of the most important Clean Water Act (CWA) cases of the past year.  NACWA's Law Seminar is the only conference of its kind focused specifically on the legal and regulatory challenges facing the municipal clean water community, providing timely information and valuable analysis.

Registration information and a preliminary agenda for the Seminar are now available on NACWA's website – including details on Continuing Legal Education (CLE) credits.  The agenda and CLE information will be continually updated over the coming weeks as Seminar speakers are confirmed and CLE credits are approved.  We hope to see you in Seattle!

Leadership Center Applications Now Being Accepted

Exceptional leadership is essential for today’s water and wastewater utilities to thrive.  The Water & Wastewater Leadership Center prepares utility executives with the management and leadership skills they need to meet the challenges of today’s water quality issues – and customers’ current and future demands with highest level of service and efficiency.  This extensive 11-day residential leadership development program will equip students the knowledge they need to develop strategic goals that deliver measurable results.

Supported by NACWA, the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), American Water Works Association (AWWA), the National Association of Water Companies (NAWC), and the American Public Works Association (APWA), the Leadership Center is held in conjunction with the Kenan-Flagler Business School at the University of North Carolina – Chapel Hill.  Key course elements include unlimited peer networking, a 360 degree personal leadership assessment, preparation of an individual action plan and experiential learning through change management simulations.

To learn more about the 2013 Water & Wastewater Leadership Center, being held February 24-March 8, 2013, or to download an application, visit the NACWA website or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  The application deadline is October 26, 2012.