» Clean Water Current Archive

March 8, 2013

Howard Neukrug to Testify for NACWA on Clean Water Funding, Financing Needs 

Next week, Howard Neukrug, Water Commissioner of the Philadelphia Water Department and a member of NACWA’s Board of Directors, will testify on behalf of the Association at an oversight hearing convened by the House Appropriations Subcommittee on Interior, Environment & Related Agencies. The hearing will examine the financing needs of water and wastewater infrastructure, and budgetary needs for the Drinking Water and Wastewater State Revolving Fund (SRF) programs. Neukrug’s testimony will advocate for a continued robust federal funding commitment to meet the requirements of the Clean Water Act; maintaining the tax exemption for municipal bonds; support for community efforts to prioritize competing CWA demands; and, urge Congress to explore incentives and remove barriers in line with the Water Resources Utility of the Future (UOTF) initiative. The testimony will also explore the creative programs the Philadelphia Water Department has put in place to ensure clean and safe water progress – and the challenges the City is also facing. Additional witnesses include representatives from the U.S. Environmental Protection Agency, the Government Accountability Office, the U.S. Water Alliance, the American Water Works Association, and the National Association of Water Companies. The hearing is scheduled for Wednesday, March 13 at 9:30 am in Room B308 of the Rayburn House Office Building. NACWA’s testimony will be made available on the Association’s website after the hearing and additional information on the hearing will be provided in next week’s Clean Water Current.

NACWA Voices Concerns over Translation of Narrative Nutrient Criteria

NACWA wrote to Nancy Stoner, Acting Assistant Administrator for EPA’s Office of Water, this week to express concerns over the Agency’s continued push to translate state narrative nutrient criteria into numeric permit limits for point sources. NACWA’s March 7 letter  noted that while EPA’s regulations outline how the Agency and authorized states can establish numeric permit limits based solely on narrative criteria, the “Agency-wide effort…which effectively bypasses the state nutrient criteria development process, is bad policy.” The first push to use the provisions in 40 CFR §122.44(d)(1)(vi) to translate narrative criteria for nutrients started in Region 5 in early 2011, but more recently Region 1 has used the provisions in Massachusetts and New Hampshire, where the region issues Clean Water Act permits to establish limit of technology permit limits for clean water agencies. EPA remains frustrated by the progress states are making in developing numeric nutrient criteria and hopes that by leveraging existing narrative criteria it can reduce nutrient discharges in the interim while states continue their work.

NACWA’s letter stressed that “[e]stablishing meaningful nutrient criteria and permit limits that are protective of designated uses has proven challenging…[and] to now presume that narrative nutrient criteria can simply be translated into numeric limits simply does not make sense, from either a policy or scientific standpoint.” NACWA has already met with EPA on this issue, and believes it was important to lay out the clean water community’s concerns in writing. The Association understands that EPA is interested in conducting training to help encourage states to use their narrative nutrient criteria to develop permit limits and is urging the Agency to initiate a formal guidance development process to provide for meaningful input if they intend to continue pursuing this policy. 

Sequestration Goes into Effect, Clean Water Programs Impacted

On March 1, automatic spending cuts known as sequestration went into effect as required by the Budget Control Act of 2011 (BCA). In the absence of an alternative budget from Congress, the BCA mandates automatic cuts of $1.2 trillion to most discretionary and non-discretionary programs over ten years. The Sequestration Order, signed by the President, cuts the overall EPA budget by $472 million to $7.928 billion, 5.1% below Fiscal Year (FY) 2012 spending levels. While it is up to EPA to decide where the $472 million will come from, the President has suggested an across-the-board cut, decreasing the Clean Water State Revolving Fund (CWSRF) by $74.9 million to $1.393 billion. Sequestration will remain in place unless a deal to reverse or replace the cuts is reached by Congress.

As sequestration takes effect, lawmakers have turned their focus to passing another Continuing Resolution (CR) to keep the government funded at FY 2012 levels for the rest of the year. The current CR will expire on March 27. On Wednesday, the House of Representatives passed a CR to fund the government through the end of the fiscal year. The CR would withdraw $10 million each in already appropriated, but still unallocated, funds from both the Clean Water and Drinking Water State Revolving Funds. The Senate must now pass the House’s version of the CR, or an amended version, by March 27 to avoid a government shutdown. NACWA will continue to track developments on the Federal budget and its impacts on the water program as they occur.

NACWA Legal Briefs Argue Against Federal Nutrient Criteria for Mississippi River Basin

NACWA submitted two briefs March 4 in ongoing litigation (Gulf Restoration Network, et al. v. EPA) over nutrient criteria for the Mississippi River Basin (MRB), supporting EPA’s denial of a request for federal numeric nutrient criteria (NNC) for the MRB and highlighting the Association’s role as the leading advocate for municipal clean water utilities on nutrient issues. The Association argues in its filing that significant progress on nutrients can only be made through a holistic watershed approach addressing all sources of impairment.

NACWA submitted its own, standalone brief  contending that federal NNC are insufficient to achieve the holistic watershed improvements needed for nutrient control in the MRB because they cannot meaningfully address the significant role of nonpoint sources in the nutrient pollution problem. Additionally, NACWA participated in a joint brief  with a number of other groups to highlight the lead role states must take under the Clean Water Act (CWA) in developing water quality standards – and to argue that federal action on NNC would unlawfully displace state primacy on this critical issue.

More information on the briefs and the litigation can be found in Advocacy Alert 13-05. NACWA will keep the membership updated on further developments in this important case.

EPA Declines Appeal of Stormwater Flow TMDL Ruling

EPA announced  March 1 that it would not appeal a January federal court ruling  striking down the regulation of stormwater flow in an EPA-developed total maximum daily load (TMDL), preserving a key legal victory for the municipal stormwater community. The Agency’s decision not to challenge the ruling in Virginia DOT. et al. v. EPA means that stormwater utilities will continue to have a very strong legal precedent to push back against any future federal TMDLs attempting to regulate stormwater flow. NACWA has been a leading advocate against the use of flow-based TMDLs, and submitted a brief  in the Virginia litigation.

EPA has also withdrawn a similarly contested flow-based stormwater TMDL in Missouri. Taken together with the Agency’s decision not to appeal the recent court case, these actions suggest that EPA has backed off attempts to develop federal flow TMDLs for stormwater. The Virginia legal ruling, however, does not impact the ability of individual states to use flow TMDLs. It is likely that this ongoing battle will simply shift to the state level where similar stormwater TMDLs will be developed under state authority. NACWA will continue to track developments and advocate on this issue on behalf of its members.

Join NACWA at the only National Workshop Designed for Pretreatment & Pollution Prevention Professionals

For over two decades, pretreatment professionals from across the country have benefited from the utility-focused speakers and panels – and unique networking opportunities – at NACWA’s 2013 National Pretreatment & Pollution Prevention Workshop. This year’s Workshop, on May 15 – 18 in Portland, Ore., will focus on the important role that pretreatment and pollution prevention programs play in the daily operations of the Nation’s clean water agencies – and will offer an unrivalled opportunity to interact with key program staff from EPA. Plan now for your key pretreatment staff to attend and reserve a room at the DoubleTree by Hilton Portland before April 23.

Utility Executives Forum to be Highlight of National Environmental Policy Forum

With over 100 new members of Congress, and many new staff at the top levels of key federal agencies, now is the time to come to Washington, DC, and make sure your voice is heard by taking part in NACWA’s National Environmental Policy Forum, April 21 – 24, at the Marriott Washington. On Monday afternoon, the agenda highlight is the Utility Executives Forum, which will feature several of the key Congressional staff who drafted of the original Clean Water Act (CWA). These key guests, along with the utility executives from coast-to-coast, will explore whether the Act has accomplished its stated objectives and explore the changes needed to bring it into the 21st century and ensure another 40 years of continuous improvement for our nation’s waters. Utility leaders will discuss how the CWA can remain relevant as they transform their agencies into the water resources utilities of the future.

Make your plans today to join us in Washington. An agenda, registration and additional information are on the NACWA website. Be sure to make your reservations with the Marriott Washington before the registration deadline of April 1.

Integrated Planning Workshops Draw Strong Response

NACWA is partnering with EPA, the Association of Clean Water Administrators (ACWA), and the Water Environment Federation (WEF) to offer a series of Integrated Planning (IP) workshops. A March 12 workshop will bring together key stakeholders from Region 7 and will be held in Kansas City, Kansas. With 70 attendees Region 7 registration is now closed. NACWA thanks its partners and members for their strong interest in this offering and looks forward to a dynamic discussion of implementation issues, barriers and lessons learned.

A Region 10 workshop hosted in conjunction with the Oregon Association of Clean Water Agencies (ORACWA), will take place in Portland, Ore. on April 3 and a Region 5 workshop is slated for Indianapolis, Ind. on May 1. NACWA encourages members in Regions 10 and 5 that are interested in pursuing integrated plans to attend and register on NACWA’s website.

The Association will provide the complete workshop schedule when it becomes available. Interested utilities may contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.