» Clean Water Current Archive

April 26, 2013

NACWA Releases Water Resources Utility of the Future… A Call for Federal Action

NACWA released the Water Resources Utility of the Future… A Call for Federal Action  at its National Environmental Policy Forum this week in Washington. Drawing upon The Water Resources Utility of the Future . . . A Blueprint for Action , this new concise and visual publication defines ten tangible steps that the nation can take to realize a shared vision for the Water Resources Utility of the Future. It calls upon Congress, the U.S. Environmental Protection Agency, and other key federal agencies to rethink their relationship to the water sector and take the key actions that will put the Utility of the Future within reach for all clean water agencies. In his keynote address at the Policy Forum, Acting EPA Administrator, Robert Perciasepe, applauded the concepts discussed in the document and expressed support for NACWA’s ongoing Utility of the Future efforts. The trifold will serve as a key tool in the Association’s advocacy efforts on the Capitol Hill, and with the Administration and other stakeholders. Outreach began today at a meeting with high ranking EPA officials where NACWA explored potential collaborative efforts to advance shared goals under the Utility of the Future initiative. The Water Resources Utility of the Future… A Call for Federal Action is available online as a flipbook and in hard copy upon request to NACWA via Claire Moser at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA, Water Groups, Call on Congress to Reject CWSRF and DWSRF Reductions

NACWA joined with the American Public Works Association (APWA); the American Water Works Association (AWWA); the Association of Clean Water Administrators (ACWA); the Association of Metropolitan Water Agencies (AMWA); the Association of State Drinking Water Administrators (ASDWA); the Council on Infrastructure Financing Authorities (CIFA); and, the Water Environment Federation (WEF) in submitting joint testimony on Thursday to the House Appropriations Subcommittee on Interior, Environment, & Related Agencies requesting that funding for the Clean Water and Drinking Water State Revolving Fund programs be maintained at the Fiscal Year 2012 levels of $1.466 billion and $918 million respectively. The coalition of organizations also requested funding for the Clean Water Act §106 Operating Grant program at $330 million, and the Public Water Work System Supervision Program be funded at $130 million.

NACWA Joins with USCM to Maintain Tax-Exempt Status of Municipal Bonds

The U.S. Conference of Mayors (USCM) convened a meeting this week with NACWA and dozens of other national associations across infrastructure sectors to discuss a strategy to ensure that Congress does not scale back, or eliminate, the tax-exempt status of municipal bonds. Such an action would have enormous financial consequences for infrastructure projects, including in the water and wastewater sector. NACWA will be working closely with USCM and the nearly 70 other coalition organizations to ensure that the full tax-exempt status of municipal bonds remains in place despite the Obama Administration’s Fiscal Year 2014 budget proposed a 28% benefit cap on tax-exempt municipal bond interest. NACWA’s Board of Directors, this week, approved a Targeted Action Fund request to support a detailed analysis of the potential impacts to the water sector from the recommended changes to municipal bonds made in President Obama’s budget proposal (see related story). This analysis will be used to support the efforts of the USCM’s municipal bonds coalition. NACWA will provide the membership with frequent updates on this initiative.

NACWA Board Approves Strategic Plan, Endorses Five TAF Projects

On Sunday, April 21, NACWA’s Board of Directors approved a newly-updated Strategic Plan   and acted to endorse Targeted Action Fund (TAF) requests to provide support for the Association’s advocacy, legislative efforts, ongoing litigation, and partnerships with outside organizations. NACWA’s new Strategic Plan is the product of six months of discussions among the Association’s Board and committee leadership. The Plan centers on NACWA as the leading advocate responsible for national policies that advance clean water – and speaks directly to the Association’s role in creating a sustainable environment.

The approved Targeted Action Fund requests will support Association efforts to 1) analyze of the potential impacts to the Nation’s water agencies from the changes to municipal bonds proposed in President Obama’s FY 2014 budget proposal; 2) continue participation in litigation over nonpayment of municipal stormwater fees by federal government facilities to NACWA member, DeKalb County, Georgia; 3) engage as a member of the Biogenic Greenhouse Gas Emissions Coalition to encourage EPA to exempt biogenic GHGs from Clean Air Act regulation when the current deferral expires in July 2014; 4) join with a number of organizations and private sector interests in the Value of Water Coalition as it implements a sector-wide initiative to increase public awareness of the value of water; and, 5) draft legislative language to develop, clarify and expand tax credit, incentive and market-based programs to encourage clean water agencies and their private sector partners to engage in Utility of the Future (UOTF)-related activities. Each of these efforts is supported by the generous contributions of numerous NACWA members to the FY 2013 TAF.

NACWA Advances Legal Advocacy in Trading Litigation

NACWA filed an answer  April 22 in federal litigation over water quality trading programs in the Chesapeake Bay, advancing the Association’s efforts to defend trading in a lawsuit with potential national implications. NACWA’s filing responds to an amended complaint  lodged by environmental activist groups in February and acknowledges some NACWA members within the Chesapeake Bay watershed are already engaged in trading programs that could be adversely impacted by the litigation. NACWA previously requested  , and was granted, intervention in the case to help EPA defend trading as an important tool to achieve water quality improvements through the use of effective, verifiable market-based systems.

The lawsuit was filed by a coalition of environmental activist groups challenging the trading approach endorsed by EPA in the final Chesapeake Bay total maximum daily load (TMDL). This case has the potential to impact trading programs involving wastewater and stormwater sources, and has implications not just for the Chesapeake Bay region but for all water quality trading efforts nationally. NACWA has been joined in the lawsuit by a broad coalition of municipal and trading interests including the Virginia Association of Municipal Wastewater Agencies (VAMWA), the Maryland Association of Municipal Wastewater Agencies (MAMWA), the North Carolina Water Quality Association, the Virginia Nutrient Credit Exchange Association, and the Wet Weather Partnership.

EPA also filed a Motion to Dismiss  the case on April 22. EPA requests dismissal on procedural grounds, arguing the plaintiffs have failed to identify a sufficient legal injury or specific EPA action that warrants legal review. While NACWA is supportive of EPA efforts to defend the case, the Association also believes a substantive ruling from the court affirming the legal validity of trading programs under the Clean Water Act is important to limit any future legal challenges – and provide legal certainty going forward for trading programs across the country.

The Association plans a meeting with EPA soon and discuss a coordinated response to the lawsuit that provides the greatest level of protection for trading approaches. The membership will receive updates on key developments, and additional information on the case can be found on NACWA’s Litigation Tracking webpage.

Water Sector Coordinating Council meets with DHS, EPA

The leaders of the Water Sector Coordinating Council (WSCC) met this week with officials from the Department of Homeland Security (DHS) and EPA to discuss sector security and resiliency issues, with an emphasis on cybersecurity initiatives resulting from the February 12 Executive Order (EO) and Presidential Policy Directive 21 (PPD-21). Charles Hilton, Breezy Hill Water & Sewer, South Carolina, is Chair of the WSCC, and Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and a NACWA Board member, serves as Vice Chair.

In the meeting with Caitlin Durkovich, Assistant Secretary for Infrastructure Protection for DHS, the EO and PPD-21 – which aim to improve the cybersecurity of the nation's infrastructure – were the main topics of discussion. Hilton and Cleveland emphasized the extensive voluntary work that the water sector has done to improve both physical security and cybersecurity, and urged that any recommendations resulting from the EO and PPD-21 be voluntary. At a separate meeting with Peter Grevatt, Director of EPA's Office of Ground Water & Drinking Water, Hilton and Cleveland discussed the need to continue the cooperative partnership between EPA's Water Security Division and the WSCC. The WSCC and water sector associations will have the opportunity to review and provide comments on the draft cybersecurity framework that is scheduled for publication in October. The final framework is expected in early 2014.

Policy Forum Highlights Integrated Planning, Affordability, Utility of the Future

NACWA’s 2013 National Environmental Policy Forum took place this week highlighting the latest legislative, regulatory, and legal developments in Washington DC. Attendees heard from key water sector leaders from the Administration and Congress providing a detailed look at the status of NACWA's priority policy issues including financial capability, infrastructure funding, stormwater management, nutrient pollution, integrated planning and a vision for the water resources utility of the future.

Committees, Speakers Focus on Integrated Planning and Affordability

At the three combined committee meetings that kicked off the Policy Forum on Monday, NACWA members focused discussions on integrated planning and affordability. A joint meeting of the Association’s Stormwater Management and Facility & Collection Systems Committees began with an update on the EPA stormwater rulemaking effort by EPA Office of Water’s Municipal Branch Chief, Connie Bosma. Members also discussed flow TMDL issues, stormwater fee litigation, and the Association’s financial capability white paper. NACWA’s Water Quality Committee focused its agenda on nutrient-related issues, and members heard updates on the Farm Bill, the Water Quality Trading Working Group and NACWA's involvement in ongoing litigation in the Mississippi River Basin. Susan Kirsch, Environmental Program Manager at the Association of Clean Water Administrators (ACWA) also gave an overview of the effort with EPA to develop a TMDL Vision Document. On Monday afternoon, the Legislative & Regulatory Policy and Legal Affairs Committees met jointly to discuss wet weather issues, integrated planning and affordability – and hear updates on sequestration, the EPA budget and the State Revolving Fund (SRF).

EPA Acting Administrator Robert Perciasepe and Assistant Administrator for EPA’s Office of Water Nancy Stoner also focused their remarks during the Policy Forum on affordability and integrated planning. Perciasepe provided a keynote address on Tuesday morning discussing the relationship between infrastructure, clean water and community health. Both Perciasepe and Stoner, in her remarks on Wednesday, mentioned EPA’s ongoing affordability dialogue with the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), and the National Association of Counties (NACo). The USCM initiated the current dialogue with EPA in fall 2012 to address ongoing concerns with increasing Clean Water Act compliance costs being imposed on communities nationwide. EPA, USCM, NLC, and NACo, will hold their next meeting on the dialogue on Monday, April 29. NACWA anticipates participation in subsequent meetings and will keep members updated as the dialogue continues.

On Monday afternoon, attendees heard from panel of key former Congressional Staff members responsible for drafting the original Clean Water Act (CWA) at the Utility Executives Roundtable: A 2020 Vision for Clean Water. The Honorable Leon Billings, Former Staff Director for the Senate Committee on Environment & Public Works (1966-1978), Lester Edelman, Former Counsel for the House Committee on Public Works & Transportation (1968–1979), and the Honorable Gordon Wood, Former Minority Counsel for the House Subcommittee on Water Resources & Environment (1971-1978) recounted their role in the development of the Clean Water Act, the congressional intent behind aspects of the bill, and the bipartisan political climate that made the passage of such a monumental piece of legislation possible. The Roundtable discussion went on to explore how the Act could be improved to ensure another 40 years of continuous water quality improvement – as well as what policy reforms should be considered to strengthen the Act’s effectiveness and support efforts by utilities to transform themselves into Water Resources Utilities of the Future. The Utility Executives Roundtable was videotaped and will be made available in the future.

Attendees Meet with Members of Congress, Integrated Planning Pilots Announced

On Tuesday afternoon, Policy Forum attendees made their way to Capitol Hill to meet with Members of Congress and congressional staff. Many of the meetings focused on garnering support for integrated planning pilots and making Members of Congress aware of a new green infrastructure bill that will soon be introduced. At NACWA’s Capitol Hill Congressional Reception on Tuesday evening, Senator Boozman (R-AR), Representative Tim Bishop (D-NY) and Representative Bob Gibbs (R-OH) attended and provided remarks on their clean water priorities in Congress. Rep. Gibbs and Bishop, Chair and Ranking Member of the House Water Resources & Environment Subcommittee respectively, announced their joint support for a funding request in the Fiscal Year (FY) 2014 EPA budget to establish an integrated planning pilot program. Additionally, the Members noted their interest in working together on an SRF reauthorization bill. These discussions are ongoing and NACWA will keep members updated with any new developments.

Secondary Treatment Report Announced Following EPA’s Denial of Petition

During the panel discussion on Wednesday with representatives from EPA’s Office of Water, Betsy Southerland, Director of the Office of Science & Technology, announced the release of EPA’s report on the performance of secondary treatment. The Agency issued this report in response to NRDC’s petition and lawsuit seeking to modify the definition of secondary treatment to include nutrients. When EPA denied NRDC’s petition, the Agency committed to issuing this report to meet its Clean Water Act obligation to publish information on the performance of secondary treatment.

New Office of Wastewater Management Director in Attendance

Also on Wednesday morning, Policy Forum attendees met the new Director of EPA’s Office of Wastewater Management, Andrew Sawyers. Formerly the Deputy Director of the EPA Office of Groundwater & Drinking Water, Sawyers attended Wednesday’s panel discussion with leaders from EPA’s Office of Water moderated by Nancy Stoner. In her remarks, Stoner highlighted key Office of Water themes including supporting local communities to help to meet their goals, promoting infrastructure innovation, addressing nutrient pollution, and improving information, tools and the partnerships across agencies and with outside organizations.

Clearly, NACWA meetings, forums, and conferences provide an unparalleled opportunity to learn about cutting edge developments, meet key decision makers, and connect with clean water colleagues from across the country. Plan now to attend NACWA’s 2013 Summer Conference & 43rd Annual Meeting , Managing & Financing the Resilient Clean Water Utility, July 14-17, in Cincinnati, Ohio.