» Clean Water Current Archive

November 30, 2012

EPA Finalizes Recreational Water Quality Criteria

The EPA released its 2012 Recreational Water Quality Criteria (RWQC) recommendations on Nov. 26 as required by the Beaches Environmental Assessment and Coastal Health (BEACH) Act amendments to the Clean Water Act (CWA) and associated litigation.  NACWA has been actively involved throughout the criteria development process, working to ensure that the RWQC are scientifically-based.  The RWQC were last updated in 1986 and EPA has been under intense pressure to make the criteria more stringent and put into place more rapid test methods.  The studies EPA conducted over the last few years, however, did not demonstrate that more stringent criteria were necessary to protect public health.  EPA’s final RWQC attempts to appease all stakeholders by including two sets of criteria corresponding to different risk levels (i.e., number of illnesses observed per 1,000 recreators) – one similar to the 1986 criteria and the other marginally more stringent than the 1986 criteria.  EPA states that either set of criteria will be fully protective of primary contact recreation.  However, most stakeholders believe that the two criteria approach EPA has used will likely only result in confusion and complicate implementation.

In addition to the recommended criteria, EPA also published its rapid qPCR test method, encouraging states to consider using the method for beach monitoring purposes. A top objective for NACWA has been ensuring that the qPCR test method is adequately validated and only applied at high-intensity use beaches, where the speed of the results is paramount. NACWA’s advocacy efforts were successful in ensuring that the qPCR test method was not included as a component of the recommended criteria given its sensitivity to interference and inability to effectively measure fecal indicators in wastewater effluent.  Despite limiting the applicability of qPCR and preserving criteria values consistent with the 1986 criteria, other changes, including EPA’s new recommended 30-day averaging period, could effectively make the criteria more stringent.

The RWQC apply to all coastal and non-coastal waters designated for primary contact recreation use. The recommendations are guidance for states and authorized tribes tasked with developing water quality standards and will only impact the clean water community once they have been adopted into a state’s water quality standards.  Advocacy Alert 12-13 provides NACWA’s more detailed summary and analysis of the new RWQC as well as information on next steps.

WIN, NACWA Talk Funding with Ranking Member of House Water Resources Committee; Senate Holds Hearing on Impacts of Hurricane Sandy

NACWA met with fellow Water Infrastructure Network (WIN) organizations and Rep. Tim Bishop (D-N.Y.), Chair of the House Environment and Water Resources Subcommittee, to discuss strategy for the reintroduction of his water infrastructure funding bill (HR 3145) in the 113th Congress.  He called on WIN to help with garnering House Republican support for the bill, which would provide significant new funding for the Clean Water State Revolving Fund and also set up a WIFIA [water infrastructure finance and innovation authority loan guaranty program] tied directly to a Clean Water Trust Fund mechanism to help raise significant new dollars for clean water infrastructure.  Bishop touted his intent to reintroduce the bill in January 2013 and expressed enthusiasm for working with the incoming Chair of the House Transportation and Infrastructure Committee, Bill Shuster (R-Pa.).  He touted the bill as a jobs bill and noted that in many instances insufficient sewer capacity hinders industrial growth and much-needed economic expansion, which in turn limits the creation of new jobs. Bishop also talked about new infrastructure funding as an important means of hardening our facilities in the face of natural disasters like Superstorm Sandy.

On a related note, the Senate Environment & Public Works (EPW) Committee held a hearing this week to examine the devastation caused by Superstorm Sandy. The Committee heard testimony from Members of Congress from affected states, including Rhode Island, New York, New Jersey, Connecticut and Maryland.

Many Members emphasized the need to invest in our nation’s infrastructure to prevent destruction at such a scale in the future.  In his statement, Senator Lautenberg (D-N.J.) emphasized that his state’s water infrastructure was vulnerable before the storm and that it is in serious need of re-building. He also pointed to specific examples of some of New Jersey’s largest wastewater treatment facilities’ devastation in the wake of the storm as a result of water infrastructure in need of upgrading and repair.

Additionally, Senator Barbara Boxer (D-Calif.), Chairman of the EPW Committee, explained that a secondary purpose of the hearing was to discuss the draft Water Resources Development Act (WRDA) that includes key programs to better prepare the country for similar weather-related disasters. Senators Boxer and David Vitter (R-La.), who will take over as Ranking Republican Member of the EPW Committee in the New Year, have set a goal to have the WRDA bill ready 30 days after the start of the new Congress.  NACWA will keep its members informed of the progress of the WRDA bill in the Senate and of any legislation to aid the areas damaged by Superstorm Sandy.

NACWA Participates in Oral Arguments on Stormwater Fees

Oral arguments were heard today in key litigation over federal government non-payment of municipal stormwater fees, with NACWA and its municipal partners participating and providing a strong national advocacy perspective on this critical issue.  The litigation, DeKalb County, Ga. v. United States, involves a lawsuit by NACWA member DeKalb County in the federal court of claims to recover over $280,000 in unpaid stormwater fees from federal government facilities within its service area.  A central issue in the litigation is whether a 2011 amendment to the Clean Water Act requiring federal payment of stormwater fees applies to amounts billed prior to 2011.  During the hearing, the judge asked probing questions and NACWA was a vigorous advocate to ensure that the federal government pays their stormwater fees.

NACWA, along with the American Public Works Association (APWA) and the National Association of Flood & Stormwater Management Agencies (NAFSMA), filed a brief earlier in the year supporting DeKalb in the litigation and emphasizing the national perspective on this important issue.  The brief reiterated that the CWA stormwater amendment simply clarified a long-standing obligation of federal agencies to pay these fees, thereby clearly mandating the payment of past due amounts.  The brief also highlighted the significant financial challenges that DeKalb County will face if the federal facilities do not pay these fees, as well as the dangerous precedent this would set for other municipal stormwater utilities across the country.

NACWA helped secure a critical legal victory on the same issue earlier this year in a case before a federal district court in Washington State.  NACWA is hopeful that the court in the DeKalb case will reach a similar conclusion, and encouraged this outcome during oral arguments.   Additional information on this case and the Washington State case are available on NACWA’s Litigation Tracker.

NACWA Presents Buyers’ Perspective at EPA Water Quality Trading Workshop

On Wednesday, EPA held a Water Quality Trading (WQT) Workshop and Webinar to discuss the needs and perspectives of potential WQT stakeholders and discuss the status and next steps in advancing environmental markets as a tool to achieve water quality improvement under the Clean Water Act.  Charlie Logue, Director of Technical Services at Renewable Water Resources and Chair of NACWA’s Legislative and Regulatory Policy Committee, presented a buyers’ perspective on behalf of NACWA’s Water Quality Trading Working Group.

The presentation highlighted the need for environmentally robust credits that ensure public clean water agencies investing in water quality trading programs will meet discharge requirements and underscored the need for dependable monitoring and enforcement to ensure reductions are achieved.

EPA’s Workshop was followed by a second day of more technical discussions hosted by the Water Environment Federation and the World Resources Institute.  Subjects of conversation included the need to prevent pollution hotspots, the role baselines can play in facilitating trading, and extending trading opportunities for stormwater and MS4s.  NACWA will continue to engage in the area of water quality trading, and will keep members informed of any upcoming events or developments.

New Congressional Committee Chairs Receive Assignments for 113th Congress

As Congress settles back in following the elections earlier this month, new committee assignments are being made to account for more than 80 new Members of Congress coming to Washington to serve in the 113th Congress.  On the House side, there are several changes to key committee Chairs, including Congressman Bill Shuster (R-Pa.), who will be heading up the Transportation and Infrastructure Committee.  Rep. Shuster has been a longtime supporter of efforts to improve the condition of the country’s infrastructure, including water infrastructure, and NACWA looks forward to further strengthening its relationship with him and his office.  A complete list of other relevant incoming House Committee chairs is included below:

• Rep. Jeb Hensarling (R-Texas) for Financial Services
• Rep. Ed Royce (R-Calif.) for Foreign Affairs
• Rep. Bob Goodlatte (R-Va.) for Judiciary
• Rep. Lamar Smith (R-Texas) for Science, Space and Technology Committee
• Rep. Bill Shuster (R-Pa.) for Transportation and Infrastructure
• Rep. Mike McCaul (R-Texas) for Homeland Security

Fewer changes will be made on the Senate side.  Of note, Senator Ron Wyden (D-Ore.) is expected to succeed Chairman Jeff Bingaman (D-N.M.), Chair of the Energy and Natural Resources Committee, when he retires at the end of this year, and David Vitter (R-La.) will serve as the new Ranking Member on the Senate Environment and Public Works Committee.  NACWA will continue to work with key committee leaders to ensure that its advocacy priorities are advanced in the 113th Congress.

NACWA Participates in Discussion on Draft Executive Order on Cyber-Security

The Water Sector Coordinating Council (WSCC) had a conference call this week with White House National Security Staff about a draft Presidential Executive Order, Improving Critical Infrastructure Cybersecurity Practices.  NACWA and one of its representatives to the WSCC, Jim Davidson, Manager of Safety and Security at the Northeast Ohio Regional Sewer District, participated in the call.  Although the White House has not released the actual draft of the Executive Order, the WSCC did obtain a summary of the document.  The Order would require DHS to establish a consultative process to improve the cybersecurity of critical infrastructure and identify critical infrastructure that is especially vulnerable to cybersecurity incidents.  A cybersecurity framework would be developed and a “voluntary program” would be established to encourage owners and operators of critical infrastructure to adopt the framework.  The White House would not give the WSCC a timeline for issuing the Order, but did say that they were trying to move quickly to complete it.

During the call, the WSCC provided the White House with information about the sector, including how utility sizes and capabilities to deal with cybersecurity vary tremendously.  WSCC members emphasized that flexibility will be needed and that a “one size fits all” approach would not work well for the sector.  The WSCC will discuss a formal response to the potential Executive Order, and NACWA will consider whether an individual response from the Association is also appropriate.

Presentation on Energy Production at POTWs Is a Highlight of New Total Energy Conference

Dave Williams, Director of Wastewater at the East Bay Municipal Utility District (EBMUD) and NACWA’s immediate past  president, delivered a keynote presentation this week at the inaugural Total Energy USA event, a new annual exposition and conference covering the full range of traditional and renewable energy issues.  Earlier in the year, the organizers of Total Energy USA requested help from NACWA in crafting several water-energy sessions that highlight the work that publicly owned treatment works (POTWs) are doing in the energy field. Williams’ presentation explored renewable energy generation at clean water agencies nationally through the lens of EBMUD’s food waste-to-energy program. The presentation was very well received and NACWA plans to continue promoting the work POTWs are doing in the energy field in the upcoming year and developing new collaborative working relationships that put the spotlight on this important arena.

This Week on Engage: New Groups, Web Seminars Posted

Three new discussion groups were launched recently on NACWA’s Engage^TM: 1) utility management; 2) water quality standards/criteria; and 3) water resources utility of the future. As we continue to roll out new groups and resources on Engage^TM, we encourage all member organizations to use this powerful tool.  Joining and participating in discussion groups is a great way to get involved.

In addition, NACWA will be launching groups for its standing committees on Engage^TM by the end of this year. This new feature will enable seamless communication and coordination among committee members. More information will be coming soon on this!

Don’t forget, members can now access recordings of the first three in a series of six Social Market Leadership web seminars. The recordings are approximately one hour long each and can be accessed under the Resources tab at the top of the Engage landing page. Three webinars in the series remain: 1) Leveraging Facebook for Utilities; 2) YouTube and the Power of Video; and 3) Social Media & Clean Water Utilities – Case Studies and Best Practices.

Remember, all individuals at NACWA member organizations have access to Engage^TM. NACWA members should use the same email and password that you use to access the Member Pipeline on the NACWA website. You can reset your password online, or, if you need a new account, please This e-mail address is being protected from spambots. You need JavaScript enabled to view it . For questions about how to use Engage^TM, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Participates in WEF/Alliance to Save Energy Workshop Exploring the Water-Energy Nexus

NACWA was pleased to participate this week in a Water Environment Federation/Alliance to Save Energy one-day workshop to help develop actionable steps in policy to advance energy efficiency at drinking water and clean water agencies.  The workshop focused on the fact that 30-50% of municipalities’ energy is consumed for water and wastewater collection, treatment and distribution and explored four key focus areas: 1) policies, 2) financial mechanisms, 3) technologies/strategies, and 4) workforce development.  NACWA pointed to its work with WEF and the Water Environment Research Foundation that is underway on the Water Resources Utility of the Future Blueprint for Action and the important role that the energy-water nexus has played in discussions regarding the blueprint.  The Workshop shed a lot of light on the availability of technologies to help utilities become more energy-efficient and the market-based and policy challenges that must be overcome if they are to be more widely adopted.

Public Agency Members Asked to Complete the 2012 NACWA Index Survey by Dec. 21

Data collection for the 2012 NACWA Index Survey is now underway.  Last week, NACWA sent out the Survey to all of its public agency members, requesting responses by December 21.  NACWA has published the Index annually since 1992 to track the average annual single-family residential service charge increases as measured against the rate of inflation and it has been a cornerstone of NACWA’s advocacy efforts. The results of the survey will be distributed to the NACWA membership in April 2013 and will compare national service charge changes on an annual basis since the mid-1980s, and will also include information on service charges by geographic region.

NACWA encourages all public agency members to participate and complete the survey by Friday, December 21. An individualized one-page questionnaire, which should take less than 15 minutes to complete, was emailed to each NACWA public agency member primary contact on November 19.  The survey can be completed online (http://www.cleanwatercentral.org/logon.asp) or via hard copy. For more information on the survey and directions to submit your response, please see the most recent Member Update.

Join Us as We Examine Clean Water’s Future at NACWA’s 2013 Winter Conference

“The best way to predict the future is to create it.”  This quote, attributed to business guru and corporate management expert Peter Drucker, could easily describe the current transformational change underway in the clean water community.  Today’s utility leaders are not satisfied with predicting the future – they are creating it.  NACWA’s 2013 Winter Conference, Tomorrow’s Clean Water Utility… Is the Future Already Here?, February 3-6, in Miami, Fla., will provide an opportunity to explore some of the existing innovations and leading-edge practices that are defining the Water Resources Utility of the Future.

As NACWA continues to work on targeting its advocacy agenda to better position the clean water community for the future, early adopters are helping to create success stories and identify regulatory and/or economic roadblocks to more widespread adoption of the innovations and practices that are shaping the Utility of the Future.  The 2013 Winter Conference will explore some of these success stories, the potential barriers and roadblocks, and discuss the business case for innovation that many utilities will need to make before taking the plunge.

Make Your Plans Today!

A detailed program and information to help make your plans are available on NACWA’s website.  The Hyatt Regency Miami Hotel is offering a room rate of $229 per night (single/double), plus applicable taxes.  Reservations must be made by Sunday, January 13, 2013, to receive the special rate.  To ensure a hotel room, contact the Hyatt Regency Miami Hotel at 305.358.1234. Be sure to identify yourself as a NACWA attendee.  We look forward to having you join us!