» Clean Water Current Archive

November 22, 2013

NACWA Commends FDA on Proposed Standards Regarding Use of Biosolids

NACWA filed comments  November 15 on the Food and Drug Administration’s (FDA) proposed Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (Proposed Standards), commending the agency for its sound approach to land application of biosolids. FDA’s Proposed Standards include a carefully crafted regulatory framework that prohibits the use of human waste in the growing of produce with the exception of “sewage sludge biosolids used in accordance with the requirements of 40 CFR part 503, subpart D, or equivalent regulatory requirements” (Proposed Section 112.53). As FDA states in the preamble, the Part 503 standards “are appropriate for protecting public health” and additional restrictions are not necessary. NACWA’s letter supported the FDA’s proposed regulatory construction, which acknowledges and defers to EPA’s existing comprehensive rules.

Bipartisan Voluntary Clean Water Trust Fund Legislation Introduced

Representative Earl Blumenauer (D-OR), along with Representatives Richard Hanna (R-PA), Tim Bishop (D-NY), John Duncan (R-TN), Donna Edwards (D-MD), Ed Whitfield (R-KY), Jim Moran (D-VA), and Thomas Petri (R-WI) introduced bipartisan legislation on Thursday. The Water Protection and Reinvestment Trust Fund Act establishes a voluntary federal trust fund for investments in clean water infrastructure. Under the legislation, the makers of water-based beverages and flushable products could opt to put a clean water logo on their products in exchange for a 3-cent fee on each bottle or product. The revenue from this fee would fund a Water Infrastructure Investment Trust Fund, of which 85 percent would be allocated to the Clean Water State Revolving Fund. The remaining 15 percent would fund a Water Infrastructure Finance & Innovation Authority (WIFIA) that would provide low-cost capital to clean water infrastructure projects. NACWA has long supported a national clean water trust fund as a way to provide communities with federal support to meet Clean Water Act goals. The Association issued a press release applauding Rep. Blumenauer for his leadership. NACWA will provide updates on this legislation as they occur.

Johnson Foundation Report Focuses on Water and Electric Utility Collaboration

The Johnson Foundation this week released a new report, Charting New Waters – Building Resilient Utilities: How Water and Electric Utilities Can Co-Create their Futures. The report is based on an August meeting of diverse stakeholder groups, including NACWA and several of its Member Agencies, focused on collaboration between the water and electric power sectors to develop mutually reinforcing solutions to resource management. NACWA staff, along with representatives from the East Bay Municipal Utility District, DC Water, the City of Vancouver, Camden County Municipal Utilities Authority, and the Austin Water Utility represented the Association’s interests. Other participants included the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), EPA, and the Department of Energy (DOE).

The report summarizes the discussion and the ideas presented by the meeting participants to reduce costs, stretch resources, and respond to climate change for wastewater, drinking water, and electric utilities. Potential solutions to overcome hurdles to cooperation between utilities are presented in the report, including improved cross-sector communication, collaborative planning for utilities, and identifying regulatory constraints and opportunities.

NACWA Winter Conference to Examine Collaboration

The potential benefits of water and electric utility collaboration will be the topic of a presentation at NACWA’s Winter Conference, Compliance, Collaboration & Cost . . . Critical Drivers for Clean Water, being held February 2-5 in Santa Fe, New Mexico. Mike Hightower, Distinguished Member of the Technical Staff at Sandia National Laboratories and a participant in the Johnson Foundation meeting, will give a presentation on the emerging trends and drivers for energy and water utility collaboration and cooperation. With over 35 years of research experience, Mike is currently supporting the U.S. in developing a science and technology program plan for addressing energy and water interdependencies, most recently working with the National Science Foundation to conduct a national workshop on energy and water research priorities.

Law Seminar Kicks Off with Top EPA Water Officials Addressing Regulatory Priorities

Over 100 clean water attorneys, professionals, and utility managers from around the country gathered in San Antonio this week to discuss critical legal and regulatory challenges facing the clean water community as part of NACWA’s 2013 National Clean Water Law Seminar. The three-day program, held in association with the Texas Association of Clean Water Agencies (TACWA), featured top legal experts from around the country covering a wide range of key issues impacting municipal wastewater and stormwater utilities.

Nancy Stoner, Acting Assistant Administrator, EPA Office of Water, delivered a keynote address on the Agency’s priorities for the upcoming year. In her remarks she identified challenges related to population growth; development; affordability; climate change; emerging contaminants; emerging industries (e.g., hydrofracking); aging infrastructure; and, aging statutes. Stoner said that it was difficult to envision relief in the form of an updated Clean Water Act (CWA) anytime soon, as a result EPA must work with stakeholders like NACWA to make the existing statute work more effectively. Priorities outlined by Stoner included clarifying CWA jurisdiction; providing greater flexibility to communities facing economic challenges via a soon to be released affordability framework; and, fostering integrated planning, innovation and green infrastructure. She thanked NACWA for its strong partnership and collaboration on these issues and commended the Association, and its partners WERF and WEF, on the Water Resources Utility of the Future (UOTF) initiative.

Specific to the Iowa League of Cities blending decision, Stoner said that EPA will faithfully comply with the ruling in the Eighth Circuit where it is binding. Outside the Eighth Circuit, the Agency will examine circumstances on a case-by-case basis. She characterized EPA’s role as ensuring effective treatment, noting that less treatment to some waste streams is more appropriate in some cases than others. Stoner indicated that EPA will examine the unique circumstances – as well as all applicable decisions – when determining what is appropriate for CWA compliance. The Association, however, was disappointed to hear that EPA appears unwilling to apply the decision nationwide, and will work aggressively going forward to advocate for its national applicability.

Another panel at the Seminar addressed EPA’s ongoing integrated planning approach and how clean water utilities can utilize it to their best advantage. A group of leading clean water experts representing the federal, state, and regulated community perspective discussed how integrated planning is currently being used and where it may evolve in the future. Senior EPA staff from the Agency’s Office of Water and Office of Enforcement & Compliance Assurance (OECA) explored case studies and real world examples to highlight how communities can best pursue an integrated planning approach in both the enforcement and permitting contexts. While no integrated permit has been issued thus far, EPA encouraged utilities to submit proposals for such permits. EPA also addressed the need to clarify financial capability, which is the most common issue and concern related to integrated planning. The Association of Clean Water Administrators (ACWA) also participated in the panel discussion focusing on the roles that each party needs to play – as well as challenges and opportunities from the state regulatory perspective. A common theme was the importance of communication and the need for the regulated community to talk to regulators early and often.

Other topics discussed at the Seminar included stormwater regulation, consent decree developments, successful legal advocacy approaches with EPA, and current wet weather enforcement and permitting issues. Presentations and handouts from the seminar are available on the NACWA website.

NACWA Fall Strategic Leadership Offers Insights on Emerging Drivers & Priorities

An array of key stakeholder groups gathered for a facilitated discussion on November 18 in San Antonio as part of NACWA’s Fall Strategic Leadership Retreat to share organizational perspectives and priorities on the emergent water sector utility. Participants included both utilities and federal agencies such as the U.S. Environmental Protection Agency (EPA), the Department of Energy (DOE) – as well as association representatives from throughout the water sector including the Association of Clean Water Administrators (ACWA), the American Public Works Association (APWA), the Association of Metropolitan Water Agencies (AMWA), the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), the American Water Works Association (AWWA), the WateReuse Association, the U.S. Water Alliance, and NACWA. The dialogue identified influential drivers impacting the water sector and its utilities including the need for increasing flexibility to prioritize often competing and increasingly costly compliance requirements; the need to view water management through a broader lens of community, city-wide and even regional sustainability; the need to improve engagement with ratepayers and community groups; and, the need for more of an adaptive management approach to allow interested parties to share additional risk when seeking to implement new approaches or invest in new technologies, among many others. Ingredients for success and the key priorities of the participating organizations also received attention. All participants will receive a high level synthesis of the dialogue and future collaboration is anticipated. NACWA would like to thank its leadership and all of the participating organizations for helping to make the meeting in San Antonio such a valuable exchange of information.

NACWA Board Approves Key Targeted Action Fund Projects

NACWA’s Board met this week in San Antonio, Texas and approved several important Targeted Action Fund (TAF) projects. Projects approved included NACWA’s participation in three litigation matters: 1) A Washington State biosolids appeal of a state court legal decision affirming a land application ban passed by a local county; 2) The Chesapeake Bay total maximum daily load (TMDL) litigation following the Farm Bureau’s appeal; and 3) an appeal in the Southern Appalachian Mountain Stewards v. A&G Coal Corp. case that could limit dischargers’ ability to use compliance with permit terms as a full defense or shield against claims concerning Clean Water Act violations. On the legal front, the Board also agreed to provide TAF support for an update of NACWA’s popular Consent Decree Handbook. The Handbook will provides new and valuable information and strategies to maximize utilities’ success in consent decree negotiations, with a focus on new developments such as integrated planning, flexibility in making affordability determinations, and increasing use of green infrastructure techniques.

The Board also approved important projects recommended by the Association’s Legislative & Regulatory Policy Committee, including support for a facilitated workgroup to develop consensus between INDA (the non-woven fabrics industry association), NACWA, the Water Environment Federation (WEF) and the American Public Works Association (APWA) on flushability standards for wipes and other products as part of NACWA’s Toilets Are Not Trashcans initiative. Also approved were funds for a critical review of EPA’s use of its technical support document for setting numeric nutrient permit limits.

NACWA Welcomes Harlan Kelly to its Board of Directors

Harlan L. Kelly, Jr., General Manager of the San Francisco Public Utilities Commission (SFPUC) was appointed to an At-Large Board seat when NACWA’s Board of Directors met this week in San Antonio. Harlan Kelly’s civil engineering career spans nearly three decades and includes service as SFPUC’s Assistant General Manager, Infrastructure. In that capacity he was responsible for implementing over $10 billion in capital programs for water, sewer and power. Kelly is the recipient of the Municipal Fiscal Advisory Committee’s Public Municipal Excellence Award from the San Francisco Planning & Urban Research Association; the Public Works Leader of the Year Award from the American Public Works Association – Northern California Chapter. In the words of NACWA President, Julius Ciaccia, “I am certain that Harlan will be an incredible asset to our Board”.

NACWA Blog of the Week:
Utility of the Future at Work in San Antonio

This week’s post on The Water Voice discusses the future-focused concepts in practice at NACWA Member San Antonio Water System (SAWS). SAWS’s Gregg Eckhardt joins The Water Voice in a guest blog discussing San Antonio’s three-step initiative to move beyond a 20th century regulatory compliance paradigm to one that focuses on resource management. Read on and subscribe today!

Happy Thanksgiving!

The Clean Water Current will not be published next week. NACWA wishes everyone a Happy Thanksgiving!