» Clean Water Current Archive

January 17, 2014

SRF Funding Exceeds President’s Request in FY 2014 Spending Bill

Congress sent President Obama a $1.012 trillion bipartisan spending package on Thursday that will ease the harshest effects of last year's automatic budget cuts and guarantee the government stays open through October 1. The package includes all 12 individual annual spending bills that cover all of the discretionary spending of the federal government for Fiscal Year (FY) 2014, including EPA. The President is expected to sign the bill into law by midnight on Saturday.

Considering the current fiscal climate, EPA fared well and is funded at $8.2 billion, $143 million less than the FY 2013 funding levels. The same goes for the Clean Water and Drinking Water State Revolving Funds (SRF), which will receive $1.449 million and $907 million, respectively. These numbers are also slightly reduced from the FY 2013 funding levels of $1.465 million and $923 million. NACWA has been an outspoken advocate for maintaining Clean Water SRF funding and was pleased to see appropriations for the SRF programs exceed the President’s 2014 budget request. This is a sign that despite widespread desire to cut government spending, the value of these programs continues to be recognized.

Congress also renewed provisions requiring the States to set-aside a portion of SRF funds for projects related to green infrastructure, energy efficiency and water efficiency – and continued the authority requiring States to provide additional subsidization with a portion of their SRF allocation. In addition, Congress also stipulated that SRF-funded projects comply with Buy American provisions requiring that products consisting primarily of iron and steel are made in America. Unfortunately, the funding request for pilot projects under EPA’s Integrated Planning initiative was not included in the package. NACWA will debrief with appropriations staff during recess to determine whether pursuing this request for next fiscal year is feasible.

More information on proposed discretionary spending levels for EPA programs tracked by NACWA is available here. The budget action was also featured this week on the Association’s Voice of Water Blog. NACWA will continue to track developments on the budget and report back to our members as they occur. For questions on the FY 2014 budget, please contact either Patricia Sinicropi ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Hannah Mellman ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).

Latta, Walz Introduce Clean Water Affordability Legislation

Representatives Bob Latta (R-OH) and Tim Walz (D-MN) introduced H.R. 3862, The Clean Water Affordability Act on Tuesday. The legislation helps financially challenged communities advance clean water projects while minimizing the financial impacts on ratepayers and municipal budgets. Specifically, the bill would codify the EPA’s integrated planning framework and extend permit terms up to 25 years for communities with approved integrated plans; require the Agency to broaden its financial capability determinations; extend the repayment period to up to 30 years for Clean Water State Revolving Fund (CWSRF) investments; authorize additional subsidization such as principal forgiveness for communities that meet the affordability criteria; and, ensure that small communities receive a portion of available funding under the CWSRF. NACWA issued a press release applauding the introduction and sent a letter  to Reps. Latta and Walz thanking them for their leadership on this important issue. The Association is pleased to see this bill introduced on a bipartisan basis, and will be working with the Congressmen to advance this legislation in the House.

Federal Courts Issue Favorable Orders in Consent Decree Cases

Federal courts have recently issued a series of favorable rulings in consent decree cases involving municipal clean water utilities, limiting efforts of environmental activist groups to alter proposed decree agreements.

On January 6, a federal judge issued an order approving the proposed wet weather consent decree between the EPA, the state of Illinois, and NACWA member agency Metropolitan Water Reclamation District of Greater Chicago (MWRD). A number of activists groups filed suit in an effort to alter the requirements of the decree, but the court rejected these attempts and found the plan “reasonable, fair and adequate." In considering whether the consent decree is in the public’s best interest, the court noted the public’s interest in environmental improvement must be balanced with reasonable and affordable ratepayer investment: “The public …includes more than just the people who sail on Lake Michigan or kayak in the Chicago River….The public also includes the taxpayers who pay for the sewer system …and, therefore, have an interest in this project’s being completed at a reasonable cost.”

The decision also clearly acknowledges a judge’s limited role in the consent decree approval process, stating: “A consent decree is the product of parties’ agreement to settle, but the Court’s right to approve or reject that settlement ‘does not authorize the court to require the parties to accept a settlement to which they have not agreed.’” The court’s order will serve as strong legal precedent for clean water agencies elsewhere in the country seeking to have consent decrees approved over objections from citizen groups.

In a related positive development, a federal court in Florida issued a number of orders in late December dismissing procedural challenges filed by activist groups to a proposed consent decree negotiated by NACWA member Miami-Dade County and federal and state regulators. The court further cleared the way for a hearing in February on whether the consent decree should be entered over the objection of the activist groups. NACWA previously filed comments  in support of the decree as negotiated by the parties.

NACWA, WEF Collaborate with ACWA Energy Assessments

The Association of Clean Water Administrators (ACWA) is convening a call on January 29, 2014, from 2:00 -3:30 pm Eastern, to discuss a state effort to provide free energy assessments for clean water agencies. NACWA and the Water Environment Federation (WEF) are collaborating with ACWA’s Energy Task Force on the call and all NACWA members are invited to participate. The call will feature a presentation from Jennifer Dodd, Deputy Director of the Tennessee Division of Water Resources, on the formation of the Tennessee Water & Wastewater Energy Efficiency Partnership, and how it could serve as a model in other states. Patterned after an EPA Region 7 initiative, the Tennessee program offered an individual energy assessment for each water or wastewater facility and a series of four workshops that facilitated action plans and funding options for capital improvements. The participants in the program, including several NACWA members, projected annual savings per facility ranging from $15,750 to $210,000. Please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions. Dial in details for the call follow.

ACWA Energy Task Force Webinar
Tennessee Water and Wastewater Energy Efficiency Partnership
Wednesday, January 29, 2014
2:00 – 3:30 pm ET (1:00 – 2:30 pm CT; noon – 1:30 pm MT; 11:00 – 12:30 PT)

Key Issues the Focus at CASA Meeting

NACWA’s Managing Director of Government & Public Affairs, Adam Krantz, provided remarks at the California Association of Sanitation Agencies’ (CASA) 2014 Winter Conference this week. At CASA’s Federal Policy Committee meeting Krantz delivered a national perspective on key issues including the Water Resources Utility of the Future (UOTF) initiative, and updates on the federal budget and affordability. The presentation was preceded by a vibrant discussion on the growing importance of reuse and the work NACWA is doing with CASA, WateReuse, ACWA (California water agencies), and others, which was attributed in part to the UOTF effort. CASA's Strategic Plan continues to have as a top priority advancing the agenda laid out in the UOTF Blueprint. In addition to the Association’s presentation, George Hawkins, General Manager of NACWA Member Agency, DC Water, provided a keynote address noting the vital importance of the work public agency leaders do every day and pointing to NACWA as the top advocacy organization in DC in the water space. NACWA appreciated the opportunity to participate in this week’s conference and looks forward to additional collaboration with CASA and other key state/regional groups moving forward.

Report Provides Insights on Emerging Drivers & Priorities in Water Sector

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. This week, NACWA released The Emergent Water Sector Utility: Leading Organizations Share Perspectives and Priorities, a report providing a high level synthesis of the dialogue that took place between representatives of 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 (USWA), and NACWA. The report captures ‘influential drivers’ impacting the water sector and its utilities – as well as ‘ingredients for success’ and the key priorities of the participating organizations. The report has also been an invaluable resource to NACWA – informing the Association’s Strategic Plan and Annual Association Business Plan, as well as the work of its Standing Committees. Future opportunities for collaboration among the organizations represented are anticipated.

VSAT 6.0 Beta Test Version Available; Comments Requested by EPA

EPA has released a beta test version of the Vulnerability Self-Assessment Tool (VSAT) (version 6.0) that improves ease of use and is compatible with the J100-10 Risk and Resilience Management of Water and Wastewater System standard. VSAT 6.0 is available for utilities to download and test, and EPA invites comments on the tool by January 31, 2014. NACWA members that would like to download VSAT 6.0 beta should contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for instructions.

EPA will be holding an in-person test of VSAT 6.0 in Lorton, VA, on February 13 from 10:00 am to 3:00 pm. This in-person test will involve a facilitated assessment of the software by participants, as well as a review of comments received from utilities that downloaded the software. If you are interested in attending this in-person test, please contact EPA’s Dan Schmelling at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Register Now for Hot Topics in Clean Water Law Web Seminar

Building on the success of the Hot Topics in Clean Water Law sessions at its annual Law Seminar, NACWA is pleased to offer a new forum to present the latest issues, developments, trends and case law on key legal topics impacting the clean water community. The Association will host quarterly legal web seminars in 2014. The first seminar, scheduled for January 22 from 2:00 – 3:30 pm Eastern, will feature a panel of expert clean water attorneys providing critical legal and regulatory analysis and insight on issues of paramount importance to our sector.

Chris Pomeroy and Justin Curtis from AquaLaw will discuss the national implications of recent litigation on whether daily permit limits are required to implement a daily Total Maximum Daily Load (TMDL) wasteload allocation for phosphorous. Dale Mullen, McGuireWoods LLP, and L. Preston Bryant, McGuireWoods Consulting LLC, will provide an overview of legal challenges to the land application of biosolids and policy considerations for the Utility of the Future. Karen Bennett, Hunton & Williams, will present on the Clean Water Act Section 402(k) permit shield defense and the potential impacts of a pending Fourth Circuit appeal. Whether new to the clean water arena, or a seasoned professional, this series of Legal Hot Topics Web Seminars is for you. The seminars are designed to benefit and inform both clean water lawyers and municipal managers. Registration is complimentary for NACWA Members. Time is limited so register for you and your colleagues today!

GAO Report Echoes NACWA on Increased Regulation of Nonpoint Sources

On January 13, the Government Accountability Office (GAO) released a report, Changes Needed if Key EPA Program Is to Help Fulfill the Nation’s Water Quality Goals, that is critical of the effectiveness of nonpoint source pollution regulation under the Clean Water Act (CWA) and specifically the Total Maximum Daily Load (TMDL) program. GAO sends a powerful message regarding the need for more meaningful controls on nonpoint sources, finding that “without changes to the act’s approach to nonpoint source pollution, the act’s goals are likely to remain unfulfilled.” The report recommends that Congress revise the CWA’s largely voluntary approach to nonpoint sources in order to restore waters impaired by such pollution.

EPA’s most recent assessment of water quality shows that more than half of the nation’s assessed water bodies do not meet water quality standards or their designated uses. Nonpoint source pollution is cited as a leading cause of impairment. The GAO report reveals that the TMDL program is not hitting the mark when it comes to nonpoint sources – of a representative sample of 191 TMDLs, 83 percent achieved targets for point source pollution through CWA discharge permits, while only 20 percent achieved targets for nonpoint sources.

The report also identifies “several shortcomings in EPA’s current implementation of the TMDL program”: 1) existing regulations do not include certain key elements such as comprehensive identification of impairment and monitoring of water bodies; 2) there is inconsistent EPA regional office implementation due to EPA’s either vague or optional guidance; 3) EPA has not incorporated certain factors to facilitate TMDL implementation as conditions for state grants; and, 4) EPA does not adequately track implementation or subsequent changes in water quality “associated with a core EPA program and a substantial federal investment.” To address these deficiencies, GAO recommends that EPA develop new regulations that incorporate new elements necessary for attainment of water quality standards; consider making existing optional elements mandatory; issue a directive to all regional offices to implement the program consistently; place conditions on grants; and, gather appropriate data to assess implementation and gauge water quality attainment.

GAO interviewed NACWA staff and several member agencies while preparing this report to garner input. The report will be discussed at the upcoming meeting of the Water Quality Committee during NACWA’s 2014 Winter Conference. The Association will utilize the GAO report in its advocacy efforts and will continue to explore effective means to address nonpoint source pollution.

Peak Performance Awards – Apply and Get Recognized!

Don’t miss out on your opportunity to be recognized! NACWA is currently accepting applications for the 2013 Peak Performance Awards. All eligible Member Agencies are encouraged to submit their applications as soon as possible. As announced in Member Update 14-01, the Peak Performance Awards are nationally recognized and acknowledges Member Agency facilities for excellence in wastewater treatment, as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements. The deadline for submissions for Peak Performance Awards is April 4, 2014. Visit NACWA’s website for more information on the Peak Performance Awards program and apply today!

Get Ready to Engage!

Next week, NACWA will release Engage 2.0™ its streamlined networking platform. Significant enhancements will allow you to network with colleagues, discuss critical and informative issues, and easily communicate with NACWA members across the country. Watch your e-mail for Daily Digests and additional information on this new member benefit.