» Clean Water Current Archive

November 8, 2013

NACWA Discusses Water Funding Programs with Key Committee

NACWA met this week with staff for Senator Barbara Boxer (D-CA), Chair of the Environment & Public Works (EPW) Committee, to discuss the conference for the Water Resources Development Act (WRDA), prospects for including a Water Infrastructure Finance and Innovation Act (WIFIA) pilot program in final legislation, and how it would relate to the State Revolving Fund (SRF) programs. Earlier this year, the House and Senate passed their respective WRDA bills to authorize new and modify existing U.S. Army Corps of Engineers projects. The Senate bill also contained a $250 million Water Infrastructure Finance & Innovation Act (WIFIA) pilot program to provide financing for both flood control projects and regionally significant water and wastewater projects. Senator Boxer has made clear that maintaining the WIFIA pilot program in final legislation is one of her top priorities. The WRDA conference is expected to begin in two weeks and should conclude by the end of the year.

In the meeting, NACWA expressed support for the WIFIA pilot program as an additional funding tool for water infrastructure. However, NACWA made very clear that reauthorizing the SRF was the top priority, and while WIFIA should complement the SRF, the Association expressed concern that it could eventually be viewed as a replacement. Senator Boxer’s staff assured NACWA that the Senator views WIFIA solely as additive to the SRF program and agrees that the SRF must remain the primary federally-funded program for water and wastewater infrastructure. NACWA will keep members informed of any updates as they occur.

Blending Decision Implementation the Focus of Sector Discussion

NACWA joined with a number of other municipal and water sector groups on Nov. 6 to discuss implementation issues related to the recent federal Eighth Circuit Court of Appeals decision on blending and mixing zones. The discussion focused on how to ensure EPA applies the decision nationally and does not limit its applicability to states solely within the Eight Circuit. Given EPA’s recent decision not to appeal the ruling to the U.S. Supreme Court (see October 25 Clean Water Current for more information), NACWA and others are interested in obtaining clarification from the Agency on how it plans to interpret the decision, including confirmation that EPA will apply the decision uniformly across the country.

NACWA believes the ruling does have national applicability and will strongly resist any efforts by EPA to limit the case only to the Eighth Circuit. In order to help inform our advocacy on this issue, the Association would like to hear from any members who have been told by state or EPA regional officials that the decision does not apply in their particular State or Region. Any statements to this effect in writing would be especially helpful, but we are also interested in statements that may have been made verbally. Please send this information to Nathan Gardner-Andrews, NACWA’s General Counsel, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

New on NACWA’s Website – State Action Track

This week finds a new feature on NACWA’s Member Pipeline - State Action Track, a web-based tool that allows members to search and track regulations and bills across a variety of clean water topics by state. Launched on November 7 via Advocacy Alert 13-17, State Action Track adds to the Association’s suite of member benefits in a unique way – giving members easy-to-use access to those legislative and regulatory happenings that affect them the most. Not only is the tool a value-added experience for members, State Action Track illustrates NACWA’s commitment to increasing state and regional collaboration by enhancing our ability to monitor state and regional issues and inform our effective federal advocacy. To access the legislation tracking tool, go to www.nacwa.org/legtracking and the regulation tracking tool at www.nacwa.org/regtracking.

Environmental Groups Brief Municipal Groups on RDA Stormwater Petitions

American Rivers (AR), the Conservation Law Foundation (CLF), and Natural Resources Defense Council (NRDC) delivered a briefing on the Residual Designation Authority (RDA) petitions  they filed in three EPA regions in July, to a gathering of municipal interest organizations at the NACWA offices on Wednesday. The U.S. Conference of Mayors (USCM), National League of Cities (NLC), American Public Works Association (APWA), National Association of Counties (NaCO), Water Environment Federation (WEF), National Association of Flood & Stormwater Management Agencies (NAFSMA), along with NACWA, were briefed on the objectives and content of the RDA petitions – as well as possible outcomes. The 90 day period for EPA to respond to the petitioners has expired, and on October 31 the three Regions (1, 3, and 9) submitted interim response letters that requested between 2-4 more months’ time for further analysis. One of the letters, from Region 9, can be found here. The municipal organizations discussed the petition issues and will consult their membership on how to proceed. NACWA is still contemplating a number of options, including a request that there be a public comment period on the petitions, and is interested in the continued input from members. More information on the petitions can be found in the July 12 Clean Water Current article.

Executive Order and EPA Adaptation Plans Address Resiliency, Climate Impacts

On November 1, President Obama issued an Executive Order (EO), “Preparing the United States for the Impacts of Climate Change”. At the same time EPA released its program and regional Adaptation Implementation Plans that describe how the Agency will carry out the work of its Climate Change Adaptation Plan, written in response to a previous Executive Order (EO 13514, “Federal Leadership in Environmental, Energy, and Economic Performance”). The November 1 EO states that “The Federal Government must build on recent progress and pursue new strategies to improve the Nation's preparedness and resilience” and asks that federal agencies promote information sharing at all levels of government, risk-informed decision making, adaptive learning, and preparedness planning. It establishes an interagency Council on Climate Preparedness and Resilience, as well as a State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience. This Task Force includes eight governors and 16 local community leaders, including the mayors of many of the cities that NACWA members serve.

NACWA and its Climate & Resiliency Committee are reviewing the EPA Office of Water Adaptation Implementation Plan. The Plan contains several positive goals, such as supporting energy conservation at wastewater utilities and encouraging climate change consideration in the management of Clean Water and Drinking Water State Revolving Loan Funds. The Plan also contains some potential areas of concern, including integrating climate change science or information into a major rulemaking that has not yet been identified, and including climate change considerations in compliance and enforcement activities. NACWA will submit comments by the January 3, 2014 deadline. Association members with input for the comments should contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Water Sector Coordinating Council Discusses Cybersecurity and Recent Security Threats

The Water Sector Coordinating Council (WSCC) held its quarterly meeting this week via webinar to discuss recent and upcoming activities related to security and resiliency of drinking water and wastewater utilities. One of NACWA’s representatives to the WSCC, Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and Vice Chair of the WSCC participated in the meeting. The meeting focused on several topics, including cybersecurity and the ongoing work related to the February 12 Executive Order (EO), “Improving Critical Infrastructure Cybersecurity,” and the associated Presidential Policy Directive 21 (PPD-21). The WSCC is evaluating the updated Draft Cybersecurity Framework, which outlines how cybersecurity risk can be managed by critical infrastructure owners and operators. The Council will submit comments by the December 13 deadline. The WSCC previously submitted comments on the new National Infrastructure Protection Plan (NIPP), which is also part of the work mandated in the EO.

The WSCC also discussed recent threats that have been made to water utilities. While recent threats have not resulted in any harm, these events underscore the need for utilities to remain vigilant and to report anything suspicious. NACWA members are encouraged to join the WaterISAC to stay up-to-date on the latest information regarding security and emergency preparedness. Suspicous activity should also be reported directly to the WaterISAC (regardless of whether a utility is a subscriber of WaterISAC or not), in addition to the appropriate local authorities.

EPA Extends Deadline for Siloxane Negotiations

EPA has extended the Siloxane enforceable consent agreement (ECA) negotiation period to December 26, due to the government shutdown that interfered with the previous October deadline. The negotiations began in June 2012 and were originally scheduled to end in December 2012. After multiple deadline extensions, EPA and the Silicone Environmental Health and Safety Council of North America (SEHSC) are nearing an agreement for environmental monitoring of the siloxane D4. The monitoring will include 10 POTWs, half of which will have an industrial discharger that manufactures or processes D4. The other five POTWs will have 90 percent or more domestic influent. The ECA will also have provisions for monitoring industrial facilities that are direct dischargers. NACWA is an interested party in the negotiations and has worked with SEHSC to identify appropriate POTWs for the sampling program. The Association and its Air Quality Workgroup will review the draft ECA when it is finished and provide input during the 30-day review and comment period.

EPA to Hold New Webinars on NPDES Electronic Reporting Rule

EPA is hosting two more webinars on the proposed National Pollutant Discharge Elimination System (NPDES) e-Reporting rule for the clean water community on November 20 from 2:00 pm - 4:00 pm, and December 4 from 1:00 pm – 3:00 pm. No registration is required, but those attending are encouraged to call in to the webinar from a central location at your agency, as there are limited “seats” available. Call in information is provided below.

EPA’s proposed rule to require electronic reporting under the NPDES permit program was published on July 30. The rule, if finalized, would apply to all NPDES permit holders. Under the proposal, clean water agencies would be required to electronically submit discharge monitoring reports (DMRs), pretreatment and biosolids reports, combined and sanitary sewer overflow event reports and stormwater discharge information where applicable to EPA or to their authorized NPDES state. More information on the rule can be found the August 12 Advocacy Alert 13-12. The deadline for comments has been extended until December 12, so NACWA is accepting member comments on the proposed rule through November 15.

Access information for the webinars is as follows:
November 20 Webinar:
Start Time: 11/20/2013 2:00-4:00 PM EDT
URL: https://epa.connectsolutions.com/r36um26njmc/
Access: Anyone who has the URL for the meeting can enter the room
Conference Number(s): Insta-Meet-Plus: 1866-918-0772
Participant Code: 2509409317#

December 4 Webinar:
Start Time: 12/04/2013 1:00-3:00 PM EST
URL: https://epa.connectsolutions.com/r25mpq74db6/
Access: Anyone who has the URL for the meeting can enter the room
Conference Number(s): Insta-Meet-Plus: 1866-918-0772
Participant Code: 2509409317#

NACWA Blog of the Week:
How Do We Measure the Importance of Water?

This week, EPA released a report emphasizing the critical role water plays in all aspects of economic activity in hopes of a broader discussion about water’s critical role in the U.S. economy. How does the report measure up in the importance we place on water and water infrastructure? The Water Voice is published each Wednesday, subscribe today and never miss a post!