» Clean Water Current Archive

February 22, 2012

NACWA Hosts Follow-Up Meeting to Discuss Stormwater Rule

NACWA organized and hosted a meeting this week between EPA and a number of municipal and local government associations focused on the development of a new national post-construction stormwater rule.  The meeting served as a follow-up to a previous discussion NACWA hosted in November, and offered EPA an opportunity to provide an update on its rulemaking progress, with the proposed rule due in June 2013.

Based on discussion at the meeting, it is clear EPA is still actively looking at performance standards for discharges from new and redeveloped sites that would require a greater amount of stormwater to be retained onsite.  EPA, however, seems committed to providing substantial flexibility under the rule, including the possibility of allowing delayed implementation of the requirements to allow municipalities to enact the necessary codes and ordinances for onsite retention.  It also appears EPA may be backing off earlier plans to require some large regulated municipalities to manage stormwater runoff from existing sites through a retrofit program, although exactly how the Agency will handle this issue is still unclear.  EPA also offered a possible alternative approach to the redevelopment standard, which would allow communities to utilize green infrastructure and incorporate it into their integrated planning efforts.  Most of the other issues, outlined by  EPA in November, still appear to be under active consideration, although the Agency is still working on its cost-benefit analyses.  

Other groups participating in the meeting were the National Association of Counties (NACo); the U.S. Conference of Mayors (USCM); the National League of Cities (NLC); the Water Environment Federation (WEF); the American Public Works Association (APWA); and, the National Association of Flood & Stormwater Management Agencies (NAFSMA).  NACWA and these organizations have maintained regular communication and coordination over the past months regarding the stormwater rule, and a number of these groups provided a joint comment letter  to EPA in December 2012.  This follow-up meeting was an opportunity for EPA to directly address those comments, explain whether they would be incorporated, and to update the rulemaking progress.  The meeting also included WEF-organized presentations from practitioners on stormwater retention techniques.     

EPA is on track to propose the rule for public comment in June 2013, with a final rule anticipated in December 2014.

Capps Reintroduces Water Infrastructure Resiliency Bill

Last Friday, Representative Lois Capps (D-CA) reintroduced H.R. 765, The Water Infrastructure Resiliency and Sustainability Act.  The bill would offer competitive grants to help water and wastewater utilities undertake capital projects to improve utility resiliency during extreme weather events.  NACWA has been a strong advocate for this legislation, and submitted a joint letter of support with 13 other water and conservation groups this week urging broad-based support.  Senators Harry Reid (D-NV), Barbara Boxer (D-CA), and Ben Cardin (D-MD) also plan to reintroduce The Water Infrastructure Resiliency and Sustainability Act in the Senate within the next several months.  

NACWA Offers Recommendations on Addressing Climate Change

In a related development, NACWA was asked to submit comments to the Congressional Bicameral Task Force on Climate Change, led by Representative Henry Waxman (D-CA) and Senator Sheldon Whitehouse (D-RI), on how climate change is impacting the water sector and what actions the federal government could take to help the clean water community more effectively prepare for it.  In a letter to the Task Force, NACWA expressed its support for proposals to reduce greenhouse gas emissions, including a Clean Electricity Standard (CES) that would credit all energy derived from the wastewater sector as qualifying clean energy sources.  NACWA also promoted Capps’ Water Infrastructure Resiliency and Sustainability Act and NACWA’s own legislation, The Wet Weather Community Sustainability Act, to help utilities cope with wet weather challenges in a more cost-effective way.  The Association will continue to engage with this Task Force and keep members updated with any new developments.    

NACWA Discusses Affordability with Members of Congress

With the 113th Congress now in place and focusing on its environmental agenda , NACWA held a series of meetings with staff from several House and Senate offices to discuss the reintroduction of the Clean Water Affordability Act, championed by Senator Sherrod Brown (D- Ohio); NACWA’s proposed Wet Weather Sustainability Act to help wastewater utilities affordably address wet weather challenges; and, a proposal to provide funding for interested communities to develop plans under EPA’s Integrated Planning Framework.  The Association received strong initial indications of support for these legislative measures and will be following up with these offices, and others, to build more support for these proposals.  Such proposals will be a key focus of NACWA’s upcoming National Environmental Policy Forum, April 21-24, in Washington, DC.  Association members may register for the Policy Forum today.  NACWA will keep members updated as these efforts proceed.  

NACWA Supports DEA Proposed Rule for Disposal of Controlled Substances

NACWA submitted comments this week to the Drug Enforcement Administration (DEA) on a December 21 proposed rule that expands the options for disposal of controlled substances.  Many NACWA members are actively involved in pharmaceutical take-back programs and public education efforts to reduce the amount of pharmaceuticals that end up in wastewater.  The proposed rule represents a significant step toward providing more convenient, environmentally-friendly methods of disposal for unused pharmaceuticals.  The rule would allow authorized manufacturers, distributors, reverse distributors, and retail pharmacies to voluntarily administer pharmaceutical “mail-back programs” – whereby individuals mail back unused pharmaceuticals to the appropriate location – as well as to maintain collection receptacles where individuals can safely dispose of their unused pharmaceuticals.  Other entities would be allowed to work with law enforcement agencies to conduct take-back events, although law enforcement officers must still oversee the collection of controlled substances.  Comingling of controlled and non-controlled substances; maintenance of collection receptacles by retail pharmacies in long-term care facilities; and, transfer of controlled substances by persons lawfully entitled to dispose of an ultimate user decedent’s property are also allowed in the proposed rule.     
 
NACWA’s comments supported the DEA’s “non-retrievable” standard of destruction specified in the rule preamble – and inclusion of the statement that “flushing and mixing controlled substances with coffee grounds or kitty litter are examples of existing methods of destruction that do not meet the non-retrievable standard.”  The Association recommended that the rule’s definition of non-retrievable also include this statement on flushing and mixing.  NACWA also recommended that DEA allow inventorying of controlled substances at take-back events for research purposes, under the supervision of a law enforcement officer, in order to improve and evaluate prescribing guidelines.  The Association’s other comments on the rule addressed the need to make disposal options more convenient, particularly for long-term care facilities.

NACWA will follow the development of the final rule and will continue to communicate with DEA, as needed, on disposal options for unused pharmaceuticals.

NACWA Meets with Water Sector Organizations, EPA to Discuss Technology, Innovation

NACWA participated in a meeting, convened by the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF) this week, intended as an initial information sharing session for the organizations to discuss the various initiatives they have underway to promote innovation in the water sector.  WEF and WERF are collaborating on the Leaders Innovation Forum for Technology (LIFT) program and provided participants with an overview of the program’s objectives and how it complements other water sector initiatives, including the recently released Water Resources Utility of the Future . . .A Blueprint for Action, developed collaboratively by NACWA, WEF and WERF.  Key EPA staff participated in the meeting and briefed the organizations on the Agency’s efforts to promote innovation across all of EPA’s programs.  Moving forward, the organizations agreed that it will be important to continue to coordinate efforts relating to the LIFT program, the Utility of the Future initiative, and EPA’s innovation initiative, and discussed potential next steps to build on the synergies that exist among these various efforts.  

NACWA Urges EPA to Limit Inadvertently Generated PCBs

NACWA expressed concern this week in a letter to EPA’s Office of Pollution Prevention & Toxics that encouraged EPA to revise its implementing regulations for the 1979 Toxics Substance Control Act (TSCA) to decrease allowances for inadvertently generated PCBs in products.  The Association and its members believe controlling the source of PCBs flowing into a clean water facility is the best way to prevent them from entering our waterways.  TSCA should be revised to eliminate inadvertently generated PCBs in the environment that make their way into waterbodies and negatively impact water quality.

In the Pacific Northwest, the state regulators, the National Pollution Discharge Elimination System (NPDES) permittees, the tribes, and local conservation groups have formed the Spokane River Regional Toxics Task Force (SRRTTF) to address water quality concerns related to toxics in the river.  SRRTTF, and the Environmental Council of the States (ECOS), have also expressed an interest in seeing TSCA changed.  NACWA supports SRRTTF and ECOS in their efforts to see that the EPA further limits the concentration of inadvertently generated PCBs allowed in products.

TSCA impacts a variety of stakeholders, including state environmental regulatory programs and sister offices within EPA.  TSCA modification has been an ongoing conversation among these groups and on Capitol Hill.  NACWA is committed to maintaining involvement and informing the membership as this effort evolves.

Are Your Treatment Facilities at Peak Performance? Get the Recognition You Deserve!

Each year, NACWA revels in acknowledging those Member Agencies who possess top performing treatment facilities through the Peak Performance Awards program.  Treatment facilities that have met their National Pollutant Discharge Elimination System (NPDES) permit requirements with less than five violations are eligible for an award.  The program offers recognition at the Silver, Gold and Platinum levels based on the number of violations and/or number of years without a violation.  The deadline for submissions to the Peak Performance Awards is April 5, 2013.  Visit NACWA’s website for more information on the Peak Performance Awards program – and apply today!

Registration Now Available for 2013 Pretreatment Workshop

Pretreatment professionals at all NACWA Member Agencies should plan today to attend the only conference designed specifically for them – NACWA’s 2013 National Pretreatment & Pollution Prevention Workshop.  This year’s Workshop, May 15 – 18 in Portland, Ore., will focus on the important role that pretreatment and pollution prevention programs play in utilities.  Significantly, key program staff from EPA will be on hand to engage and update participants on the National Pretreatment Program.

For over two decades, pretreatment professionals from across the country have benefited from the utility-focused speakers and panels – and the unique networking opportunities the Workshop offers.  Make your plans for your pretreatment staff to attend today by reserving a room at the DoubleTree by Hilton Portland before April 23.