» Clean Water Current Archive

March 1, 2013

NACWA Encourages EPA to Focus on Integrated Planning as Top 2014-2016 Priority

NACWA submitted a Feb. 27 comment letter  on EPA’s proposed national enforcement and compliance priorities for fiscal years (FY) 2014-2016, encouraging the Agency to work with clean water utilities on an integrated planning approach to address wet weather concerns – instead of pursuing federal wet weather enforcement actions as its top priority.

The letter expresses concern that EPA has again listed  municipal wet weather infrastructure as the lead priority for the FY 2014-2016 enforcement cycle, as it has been the past several cycles. NACWA argues in its comments that the growing affordability challenges created by the recent downturn, and the continued failure to address water quality impairment from nonpoint sources, makes continuing to focus on municipal enforcement actions both economically and environmentally unsustainable. The letter also states that the only way to make meaningful progress toward solving water quality concerns is through a holistic watershed approach, with the integrated planning effort being a key step in this direction.

Accordingly, NACWA encourages EPA to reconsider making municipal wet weather issues its top enforcement priority, and instead urges the Agency to spend that time working directly with clean water utilities to help them effectively implement integrated plans. The letter suggests that by refocusing its efforts on integrated planning and maximizing compliance assurance efforts – as opposed to enforcement – EPA can avoid lengthy and often contentious negotiations over program requirements and instead facilitate ensuring that the best investments are being made now to improve water quality.

Oral Arguments on Incineration Rule Challenge Set for May 3

Oral arguments in NACWA’s legal challenge of EPA’s air emissions standards for sewage sludge incinerators (SSIs) have been set for Friday, May 3 (NACWA v. EPA; U.S. Court of Appeals for the District of Columbia Circuit). Briefing in the case was completed early this year and NACWA has been waiting for the court to set the date when the parties will present their cases to a three judge panel. The date was announced February 28 and NACWA’s legal team will be meeting over the next few days to discuss oral argument strategy, learn more about the panel of judges selected to hear the case, and set out a schedule for preparing arguments. More details will be provided to the membership and the SSI Advocacy Coalition (SSIAC) soon.

NACWA Considers Coalition to Address Regulation of Biogenic Emissions

NACWA met on February 26 with a coalition of crop and food processing associations to discuss a possible coalition to address the regulation of biogenic greenhouse gas (GHG) emissions under the Clean Air Act (CAA). EPA did not exclude biogenic emissions – such as carbon dioxide emissions from wastewater treatment processes and the combustion of biogas and biosolids – when it began regulating GHG emissions in 2011 through the Prevention of Significant Deterioration (PSD) and Title V permitting programs. EPA deferred regulation of biogenic emissions, however, until July 2014 to provide the Agency with time to study the issue and determine how biogenic emissions should be regulated.

Unless EPA takes action, or one of several ongoing court cases related to GHG regulation concludes with a result that changes the current regulations, biogenic emissions will automatically become part of the PSD and Title V permitting programs in July 2014. NACWA is therefore considering joining a coalition that would include the Corn Refiners Association and others associations representing industries with short-cycle biogenic emissions to advocate for a permanent exemption of these short-cycle emissions from CAA regulations. Environmental groups usually do not object to short-cycle emissions and instead only oppose long-cycle emissions, such as those from forest products.

NACWA will continue discussing the issue, internally and within its committees, and determine a path forward with the potential members of the coalition. The Association will keep members informed of new developments. NACWA members who have estimates of their biogenic emissions are encouraged to contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , since this information can help inform the actions of the Association and the possible coalition.

Senator Lautenberg Reintroduces Sewer Overflow Right-To-Know Legislation

Senator Frank Lautenberg (D-NJ) reintroduced The Sewage Overflow Community Right-to-Know Act, a bill that would require sewer treatment plant operators to set up monitoring programs and to report all sewer overflows that could impact public health to the appropriate local agencies and ultimately to EPA. The legislation’s focus has been on sanitary sewer overflows (SSOs) and NACWA’s position on this legislation has always been that the best path forward is the establishment of a comprehensive national SSO policy, rather than piecemeal regulation or legislation on certain narrow aspects of such a policy. NACWA did play a key role in negotiating previous national Right-to-Know legislation in 2008-2009 with American Rivers to ensure as flexible a piece of legislation as was possible. The bill, however, was ultimately held up in the Senate due to concerns over the cost of the legislation’s required monitoring regimes. In the wake of EPA’s integrated planning effort, and its work to review its approach to Clean Water Act financial capability/affordability determinations, NACWA will be reviewing this legislation to determine how it fits into this changed landscape. The Association does not believe there is any bipartisan momentum for this bill at this time, and has not heard that similar legislation will be pursued in the House, but will provide updates on any developments regarding this effort.

Affordability, Hurricane Sandy Response the Focus of EPA National Association Outreach Meeting

NACWA, along with representatives from major state and local associations including the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), and the National Association of Counties (NACo), participated in a National Association Outreach Meeting hosted by EPA’s Office of Congressional & Intergovernmental Relations this week. On the agenda was EPA’s January 18, 2013 memorandum on financial capability, as well as several priority issues being managed by the Office of Solid Waste & Emergency Response (OSWER) – with a focus on Hurricane Sandy response.

Mark Pollins, Director of the Water Enforcement Division in the Office of Enforcement & Compliance Assurance and Connie Bosma, Chief of the Municipal Branch in the Office of Wastewater Management, provided a brief update on the financial capability memorandum. Pollins noted that, following the release of the Agency’s June 2012 integrated planning framework, it became clear that additional dialogue on financial capability considerations was needed. While Pollins stressed that the Agency’s existing 1997 guidance on financial capability remains the basic framework, EPA is trying to work with the Mayors and other groups, including the Water Environment Federation (WEF), to expand on the list of indicators and other information used to inform financial capability assessments conducted pursuant to the guidance. NACWA continues to believe that the 1997 guidance must undergo substantial revisions. The Association is currently working on a Targeted Action Fund (TAF) initiative to outline the scope of needed revisions. EPA, USCM, NLC and NACo will next meet sometime in April to continue this dialogue on financial capability. NACWA and other groups will join the dialogue later this spring. Pollins and Bosma also discussed continuing efforts to encourage communities to take advantage of the June 2012 Integrated Planning Framework, and to bring the EPA regional offices along to ensure consistent implementation. Pollins noted that the rollout to the regional offices is proceeding quicker than expected and stressed the importance of having Bob Perciasepe, a key proponent of integrated planning, as the Acting EPA Administrator.

Mathy Stanislaus, Assistant Administrator for OSWER, provided updates on several initiatives underway to improve community outreach and involvement in the redevelopment of brownfields and former Superfund sites. Stanislaus also discussed the Agency’s efforts to help impacted communities recover from Hurricane Sandy, including distribution of the State Revolving Loan Funds (SRF) Congress appropriated for wastewater and drinking water utilities, underscoring that the Agency intends to pursue efforts to “recover to be resilient”.

Rep. Bishop Holds Stakeholder Meeting to Discuss Advancing Water Infrastructure Legislation

Representative Tim Bishop (D-NY), Ranking Member of the House Subcommittee on Water Resources & the Environment, held a stakeholder meeting this week to discuss the reintroduction of his bill, The Water Quality Protection and Job Creation Act. This bill would establish and build on several key programs for the long-term financing of wastewater infrastructure, including adding significant investment to the State Revolving Fund (SRF), creating a loan guaranty program, and also a clean water trust fund. Together, these initiatives would leverage $13.8 billion over five years to help meet local wastewater infrastructure needs. NACWA attended this meeting as part of the Water Infrastructure Network (WIN), which voiced its support for the bill and discussed ways it could gain more traction in the Committee.

The bill, which currently enjoys some Republican support, including from Pete King (R-NY) and Don Young (R-AK), is also generating some important discussions among Subcommittee and full Transportation and Infrastructure Committee leadership to see if there is a legislative vehicle that could be supported and moved by the Chairs and Ranking Members of both the Subcommittee and full T&I Committee. WIN and NACWA will be helping to ensure the broadest bipartisan support for this effort. NACWA will provide updates on this bill, and related efforts, as they become available.

NACWA Urges Members to Get Active on Engage™

Have you participated on NACWA Engage^TM recently? Engage^TM provides a platform for clean water professionals to network and share information with others in the industry.

Although Engage^TM offers many features, some of the core activities users can access are:

• Join a Group. Groups allow members to start and participate in discussions; collaborate on documents; access important resources; and more.
• Subscribe to Content Alerts. By subscribing to content alerts, members can receive regular updates of advocacy activities in areas of interest to them.
• Access Resources. Newsletters, white papers, legal documents, and more are regularly posted as resources on Engage™.
• Find other Members. The member directory provides great opportunities for networking.
• Register for an Event. All of NACWA’s upcoming events are listed on the site, providing easy access to registration.

For help getting started, users can access a variety of support materials. If you need additional support, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at 202.530.2758. All individuals at NACWA member organizations have access to Engage^TM. NACWA members may use the same email and password that they use to access the Member Pipeline on the NACWA website. You may reset your password online. If you need a new account, please This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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