» Clean Water Current Archive

February 14, 2014

NACWA Seeks Member Input on SRF ‘Buy American’ Requirements

NACWA has extended the deadline to Wednesday, February 19 to submit comments on the Buy American requirements included in the Fiscal Year (FY) 2014 spending bill passed by Congress in January. In an Advocacy Alert this week, the Association provided an overview of the provisions and asked members to provide input on how EPA should interpret the language in a manner that can help ensure the certification and waiver processes are the least onerous for the Nation’s clean water agencies.

EPA Acting Administrator for Water, Nancy Stoner, issued a memo last week to the EPA Regional Offices, “Application of Buy American Requirements to Fiscal Year 2014 Clean Water State Revolving Fund Assistance Agreements”. The memo details the requirements that apply to SRF funds and notes that EPA plans to offer further information in the form of guidance as soon as possible. Once the Agency releases its guidance, NACWA will work with EPA and other water sector stakeholders to develop a webcast providing additional details on the requirements. For a detailed analysis of the Buy American provisions and the issues on which NACWA is seeking specific input, please see Advocacy Alert 14-03.

EPA to Appeal Decision in Mississippi River Nutrients Litigation, Requests Stay

EPA this week decided to pursue a substantive appeal in litigation over potential federal numeric nutrient criteria (NNC) in the Mississippi River Basin (MRB), and also filed a motion to stay a federal district court order in the case during the appeal. If successful, EPA’s stay request would delay the Agency’s mid-March deadline for making a formal determination on the need for federal NNC in the MRB until the appeals process is resolved. A September 2013 federal district court ruling gave the Agency 180 days to make a formal determination on the need for federal NNC, but also gave EPA wide discretion in the factors it could consider when making a necessity decision. Additional information on the district court’s order is available in Advocacy Alert 13-15. The district court has set a late February hearing on EPA’s stay request.

The litigation, Gulf Restoration Network v. EPA, was initiated in March 2012 by environmental activist groups challenging the Agency’s decision to deny a 2008 petition seeking the establishment of federal NNC for the MRB and other waters. NACWA intervened in the litigation to help EPA defend the petition denial and advocate against the imposition of federal NNC. Additional information on the case and relevant court documents are available on NACWA’s Litigation Tracking webpage.

EPA filed a notice of appeal in the case in November to preserve its appeal rights, but did not make a decision to actually pursue a formal appeal of both the procedural and substantive issues in the district court’s order until this week. NACWA was generally pleased with the lower court ruling, especially its clear affirmation of EPA’s discretion to consider a wide range of factors in evaluating the need for federal NNC. The Association will work to ensure the positive aspects of the district court ruling are not disturbed on appeal.

Cybersecurity Framework and Voluntary Program Released

Last February, the President signed Executive Order (EO) 13636: Improving Critical Infrastructure Cybersecurity and released Presidential Policy Directive (PPD)-21: Critical Infrastructure Security and Resilience, with the goal of improving the overall security and resilience of the nation’s infrastructure. This week, the Cybersecurity Framework was released as directed in the EO and PPD-21, and the Department of Homeland Security (DHS) also announced the creation of the Critical Infrastructure Cyber Community (C³) Voluntary Program. The C³ Program is a public-private partnership that will support and promote the Cybersecurity Framework by providing critical infrastructure owners and operators with existing resources to help manage cyber risks. The program will encourage an all-hazards approach to risk management, integrating protection against cyber, natural, and terrorist threats.

The Water Sector Coordinating Council (WSCC) will be briefed on the Cybersecurity Framework and C³ Program during its March 4-5 meeting, and NACWA and the water sector associations will provide more information to their members about how the program may be useful utilities. NACWA is also working with DHS to arrange a webinar for the Association’s Security & Emergency Preparedness Committee on the Framework and C³ Program. Interested utilities are encouraged to contact NACWA’s Director, Regulatory Affairs, Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Poised to Review FAQs on Recreational Water Quality Criteria

During NACWA’s Winter Conference in Santa Fe last week, the Association learned that EPA Headquarters was preparing to release a set of frequently asked questions (FAQs) on establishing permit limits and requirements based on the revised recreational water quality criteria released in 2012. Since EPA initiated its work to develop the revised criteria more than five years ago, NACWA has been focused on ensuring the Agency developed adequate implementation guidance. Implementation of the current criteria, last updated in 1986, has suffered from the lack of guidance. While EPA attempted to develop implementation guidance for the 1986 criteria in the early 2000s, that effort failed. When the Agency announced the revised criteria in December 2012, it assured NACWA that implementation guidance was being developed. In July of last year, however, NACWA learned that EPA had instead decided to develop the FAQs in lieu of guidance. While guidance is often subject to additional review, including review by the White House’s Office of Management & Budget, FAQs do not require such review. NACWA has registered its objections with the Agency over the use of FAQs and the lack of any public comment period. The Agency does intend to post the FAQs as a ‘living document’ that can be changed as new information is made available. NACWA will alert the membership as soon as the FAQs are posted and will review and prepare comments, as necessary.

NACWA Participates in Series of Mississippi River Nutrient Dialogues

The Mississippi River Nutrient Dialogues hosted by the U.S. Water Alliance held its last dialogue in Racine, Wisconsin this week with participation from three NACWA members including Board Member David St. Pierre of Chicago’s Metropolitan Water Reclamation District, Steven Hershner from the City of Cedar Rapids, Iowa, and David Taylor, Chair of the Association’s Water Quality Trading Working Group, from the Madison Metropolitan Sewage District. This week’s dialogue was the fourth and final meeting that brought together leaders from the municipal water/wastewater and agricultural sectors from the ten border states of the Mississippi River for a discussion on improved collaboration to tackle the challenge of nutrient pollution in the Mississippi River watershed. The U.S. Water Alliance convened these dialogues with support from the Johnson Foundation, the McKnight Foundation, the Sand County Foundation, the AGree effort and Greely & Hansen. The U.S. Water Alliance is expected to release a report in May that will summarize the discussions among the participants and provide specific recommendations on how the municipal and agriculture sectors can work effectively together.

Are Your Treatment Facilities at Peak Performance? Get the Recognition You Deserve!

An annual highlight for NACWA is acknowledging Member Agency top performing treatment facilities through the Peak Performance Awards program. Treatment facilities that have met their National Pollutant Discharge Elimination System (NPDES) permit requirements can be eligible for recognition at the Silver, Gold and Platinum levels based on the number of violations and/or number of years without a violation. The deadline for submissions to the Peak Performance Awards is April 4, 2014. Visit NACWA’s website for more information on the Peak Performance Awards program – and apply today!

NACWA’s Blog of the Week —
Coalition Building and Ikea – The Water Sector in the 21st Century

What does building Ikea furniture have to do with working as a coalition in the water sector? Turns out, they have more on common than you think. Subscribe today to NACWA’s The Water Voice.

Make Your Plans Today for the National Water Policy Forum & Fly-In

NACWA, the Water Environment Federation (WEF), and the Water Environment Research Foundation (WERF) are joining forces to present the National Water Policy Forum & Fly-In, April 7-9, 2014, at the Capital Hilton in Washington, DC. The anchor event of Water Week 2014, the Policy Forum & Fly-In, will bring together water and wastewater professionals from across the country to meet with Members of Congress and federal regulators to share perspectives on federal clean water policy. The two and a half day agenda features Congressional speakers, policy briefings, visits to Capitol Hill, and roundtable dialogues with key policymakers. Registration information, an agenda and additional information are now available – register today at the special rate of $250!