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Clean Water Current - October 26

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October 26, 2012


Clean Water Agencies, State Regulators, EPA Meet to Discuss Integrated Planning

In the first of what will be a series of regional workshops, clean water agencies and state regulators from the EPA Region 3 states gathered October 24 in Washington, DC, with EPA Headquarters and Region 3 staff to discuss the Agency’s integrated planning framework.  Co-convened by NACWA and the Association of Clean Water Administrators (ACWA), the workshop provided utilities – whether considering the development of an integrated plan or already in the throes of working on one – with an opportunity to discuss implementation issues, barriers and lessons learned.  The facilitated discussion not only provided utilities with an opportunity to direct questions to EPA and state regulators, it also helped to identify potential bottlenecks within EPA and the state regulatory agencies that will need to be addressed to better facilitate the development and approval of integrated plans.  Stakeholder involvement – who to involve and when – was one of the major discussion topics.  Utilities also highlighted the challenges of integrating stormwater and wastewater issues when different municipal authorities have responsibility for these function, or in the case of one state where different state agencies are responsible for permitting these two Clean Water Act programs, presenting a unique coordination challenge.  EPA and ACWA have expressed their interest in, and commitment to, additional workshops in other regions around the country and NACWA is working to identify potential dates and locations.  NACWA will provide the complete schedule when it becomes available.  Interested utilities may contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.

 

NACWA Meets with Key EPA Staff to Discuss Translation of Narrative Nutrient Criteria

NACWA staff and the leaders of the Association’s Water Quality Committee met with Ellen Gilinsky, Senior Policy Advisor for EPA’s Office of Water, and key Office of Water staff, to discuss ongoing efforts by the Agency to push states to develop numeric effluent limits for clean water utilities based solely on an interpretation of existing state narrative nutrient criteria.  NACWA expressed concern that such efforts would bypass the more public process involved in the development of statewide numeric nutrient criteria (NNC) and unfairly target point sources in an effort to show that EPA is making progress on nutrients.  EPA staff expressed continued frustration with the slow progress that states are making on the development of NNC, and indicated that this new push by EPA is consistent with its ongoing efforts to make progress, wherever possible, on nutrient pollution while NNC development work continues.  

EPA’s Clean Water Act (CWA) permitting regulations (122.44(d)(vi)) require permitting authorities (delegated states or EPA) to evaluate the potential of discharges to exceed any narrative water quality criteria and to develop numeric effluent limits for discharges where that potential exists (i.e., reasonable potential).  This provision has been used only sporadically to impose numeric nutrient limits on point sources, but EPA – under the banner of the March 2011 memorandum on nutrients (the so- called ‘Stoner Memo’) which seeks to make more immediate progress – is now making a coordinated effort to push states to use the provisions in 122.44(d)(vi) to impose numeric limits on clean water utilities in states where statewide numeric nutrient criteria have not yet been developed.  

The first effects of this push are being felt in Region 1 where the Region issues permits in two states.  One of these permits, developed for the Upper Blackstone Water Pollution Abatement District, is already the focus of a legal challenge and other permits in New Hampshire – where numeric interpretations of narrative criteria have also been used – are likely to be challenged.  EPA is planning to develop tools to help states interpret their narrative criteria and develop numeric effluent limits.   NACWA urged the Agency to include the clean water community in any discussions that might lead to more widespread translation of narrative nutrient criteria.  EPA’s Technical Support Document for Water Quality-Based Toxics Control (TSD, March 1991) provides some technical discussion on how such translation can be accomplished, but is not specific to nutrients and the variable impacts nutrients can have in different watersheds.  The Agency is now evaluating how the information in the TSD can be modified to apply to nutrients.  EPA was considering developing a guidance document for states, but has abandoned that effort in favor of training or webinar-based dissemination of the information.  NACWA’s Water Quality Committee will be discussing the Association’s next steps on this issue in the coming weeks.

 

EPA Files Brief in SSI Litigation, NACWA to Respond

EPA submitted its brief icon-pdf October 22 in litigation initiated by NACWA to challenge the Agency’s final sewage sludge incinerator (SSI) rule, outlining its defense of the flawed regulation.  The document responds to arguments raised by NACWA in its opening brief icon-pdf, filed with the court in July.  NACWA is in the process of completing a detailed analysis of EPA’s brief; however, an initial review suggests that the Agency has not raised any new or unexpected arguments. 

The Agency’s brief defends the rule as being both legally and technically-sound, and its arguments in favor of the rule are consistent with its prior positions.  Some of EPA’s arguments – particularly with regard to NACWA’s statutory claims – are weaker than anticipated and provide the Association with excellent opportunities to push back on the Agency’s position.  EPA also failed to address a number of critical NACWA-identified weaknesses in the SSI rule, suggesting serious vulnerabilities in the rule’s statutory underpinnings.  

NACWA will file a reply brief in response in the coming weeks, and is developing a robust set of arguments to include in that document.  The Association’s reply brief will be filed by December 6.  All briefing in the case is expected to wrap up by the end of December, with oral arguments likely being held sometime in the first quarter of 2013.

The lawsuit, initiated by NACWA last year, seeks judicial review of the recent SSI regulations – and marks one of the most significant legal advocacy initiatives in the Association’s history.  NACWA is challenging both the legal and technical basis for EPA’s final SSI rule, and requests the court vacate the rule as a violation of EPA’s authority under the Clean Air Act and Clean Water Act.  Additional information on the case can be found on the Association’s Litigation Tracking webpage. information.

 

NACWA Hosts International Standards Community Meeting on Water & Wastewater Security

Nearly 20 representatives from around the globe gathered at the NACWA’s office this week to continue work on an international standard to guide security efforts at water and wastewater utilities worldwide.  NACWA has been involved in several International Organization for Standardization (ISO) efforts related to water and wastewater utility management and has been an active participant in the ongoing crisis management work in an effort to ensure that any international standards are consistent with, and do not present conflicts for, utility practices in the United States.  This was the first time the U.S. Delegation, which includes NACWA representative, Jim Davidson, Manager of Safety & Security for the Northeast Ohio Regional Sewer District, had hosted a meeting.  The workgroup had a productive session as it continues its work drafting the standard.  NACWA will continue to update members on the development of this standard.

 

Have You Registered for NACWA’s Law Seminar? Additional Room Block Added!

NACWA’s 2012 Developments in Clean Water Law Seminar will be here before you know it!  Join us November 14 - 16 in Seattle, Washington for the only conference specifically designed for clean water lawyers and municipal managers.  Due to high demand, the NACWA room block at the Westin Seattle is almost sold out.  If the Westin is unable to accommodate your reservation, NACWA has arranged for a small block of rooms at the Grand Hyatt Seattle, a short walk away.  The Grand Hyatt is offering a rate of $165 per night (single/double) plus applicable taxes (phone: 206.774.1234; address: 721 Pine St.).  Please indicate that you are a NACWA conference attendee when you make your reservations.  Reservations must be made by November 2 to secure this special rate. If you are staying at the Grand Hyatt and would prefer a room at the Westin Seattle should one become available, please contact Robin Davis (phone: 202.533.1802; e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) to be placed on our waiting list.

An agenda icon-pdf for NACWA's 2011 Law Seminar and additional details, are available on NACWA's website. To make sure you are included on the Law Seminar participants’ list, NACWA must receive your registration by Tuesday, October 30, 2012.

 

This Week on Engage: Web Seminar Content Posted

Members can now access recordings of the first two of six presentations in the Social Market Leadership web seminar series on NACWA’s EngageTM.  The recordings are each approximately one hour long and can be accessed under the Resources tab on the Engage landing page.  These two web seminars focused on using blogs and Twitter.

Information and registration for future social web seminars is available NACWA’s website.

Also, don’t forget, Engage now has nine discussion groups focused on issues of critical importance to members.  By joining groups, members will be able to participate in discussions, access critical resources, learn from peers, and stay better informed of – and more easily participate in – NACWA’s ongoing advocacy efforts on behalf of the clean water community.


 

 

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