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Clean Water Current - February 21

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February 21, 2014

Advisory Committee Meets on Climate Change & Water Resources

The Climate Change & Water Resources Workgroup of the federal Advisory Committee on Water Information held its first in-person meeting this week to begin developing key actions needed to improve water resources adaptation. These recommended actions are being developed in response to the President’s Climate Action Plan and the Executive Order on Climate Change Preparedness. The Workgroup is comprised of representatives from a variety of federal agencies, water associations (including NACWA), environmental groups, and state and local government associations. The Workgroup is focusing its key actions around five issues: 1) improving water and climate change information for decision-making; 2) strengthening assessments of water resources vulnerability to climate change; 3) expanding water use efficiency; 4) supporting integrated water resources management; and, 5) supporting training and outreach to build response capability. NACWA’s participation in the Workgroup ensures that the priorities and information needs of wastewater utilities will be considered in the Workgroup’s recommendations. The Workgroup’s recommendations will also be used to inform the discussion at the Water Resilience Summit that will be hosted by NACWA and the Association of Metropolitan Water Agencies (AMWA) this April during Water Week 2014.

On a related note, President Obama announced last week that he plans to include a new $1 billion Climate Resilience Fund in the Fiscal Year (FY) 2015 budget request. The fund will be focused on helping “communities across the country become more resilient to the effects of climate change.” NACWA will continue to keep members updated on the recommendations of the Workgroup and details of the resilience fund when the President’s FY 2015 budget is released next month.

NACWA Meets with Top EPA Air Officials on SSI Rule

NACWA met Wednesday with Janet McCabe, Acting Assistant Administrator for the Office of Air & Radiation and President Obama’s nominee to lead that office, to discuss EPA's plans for addressing the D.C. Circuit’s partial remand of the sewage sludge incinerator (SSI) maximum achievable control technology (MACT) rule. The discussions also included the possibility of staying the effective date of the current rule until the remand process is complete. McCabe noted that no final decisions have been made regarding the remand and that the Agency was carefully considering how to proceed. It was clear, however, that EPA’s preferred approach is to simply supplement the rationale in the current rule with additional explanation of EPA’s methodologies for addressing insufficient data and variability.

The D.C. Circuit’s remand order provided the Agency with exactly this option and it appears that EPA is likely to take exactly this path to address the remand. On a positive note, EPA’s reluctance to proceed with a new rulemaking also means that it has not been convinced by the Sierra Club’s arguments that the current rule must be revised to make the emission standards more stringent. On the issue of a stay, McCabe and her staff were sympathetic to NACWA’s concerns that utilities do not have the resources to comply with the current rule – only to have the emissions standards change through a remand process, potentially requiring even more resources. The Agency understands that the clean water community needs certainty and needs it soon, but they also stressed that they were unlikely to recommend a course of action, such as a stay, that would stop the rule from moving forward. EPA indicated that they would keep in close contact with NACWA as the Agency continues to decide on its path forward. The Association is currently drafting a formal petition for a stay of the rule’s compliance deadline. The petition will be submitted to EPA soon, and will use the discussion from this week’s meeting to help craft the most compelling arguments possible.

Discussions with Water Office Officials Focus on Priority Issues

NACWA met with senior EPA Office of Water officials on two occasions this week to discuss ongoing initiatives and several priority issues. On Wednesday, during the water sector’s bi-monthly meeting with Nancy Stoner, Acting Assistant Administrator for the Office of Water, NACWA joined other water stakeholders to discuss a range of topics, including ongoing collaboration among the water sector – and with EPA – on water reuse and other Utility of the Future issues, including the recent formation of the Congressional Clean Water Caucus. Additionally, EPA addressed the schedule for two upcoming water quality criteria, for selenium and chloride, which are currently under development. A peer-reviewed draft of the selenium criteria will be released in the Federal Register for public comment in a few weeks. The chloride criteria draft will likely not be published until late 2014. EPA also updated the water sector groups on the Science Advisory Board’s (SAB) review of the report, Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence, and announced that a draft of the report will be published in the Federal Register on March 17.

On Thursday, NACWA met with Andrew Sawyers, Director of EPA’s Office of Wastewater Management (OWM), to discuss areas of common interest where NACWA and OWM can potentially work together. The related areas of integrated planning and affordability were discussed extensively. NACWA and OWM discussed ways to encourage more utilities to consider integrated planning in a permitting context, the possibility of securing funding for integrated planning pilots and the forthcoming affordability framework. While EPA continues to make progress on the affordability issue, NACWA noted that its legislative efforts to seek wholesale revisions to the 1997 guidance will continue until all of the Association’s concerns are addressed. NACWA and OWM also discussed ongoing efforts to secure a renewed commitment among the signatories to the 2007 Green Infrastructure Statement of Intent, as well as other stakeholders, to continue to promote the use and benefits of green infrastructure; NACWA’s work with the Association of Metropolitan Water Agencies (AMWA) on the April Water Resilience Summit; and, a number of funding issues – including better leveraging the state revolving loan funds and tapping into private financing and investment. NACWA and OWM committed to continuing to have similar meetings on a regular basis.

FY 2015 Integrated Planning Pilot Program Pursued

Though funding for integrated planning pilots was ultimately not included in the FY 2014 EPA spending package, NACWA will work with Congress again this year to see if funding could be identified in the FY 2015 budget. The Association is working with several House and Senate offices to resubmit the proposal and this week, sent a letter to EPA Administrator, Gina McCarthy, requesting that the Agency include $15 million for an integrated planning pilot project in the Administration’s FY 2015 budget request, expected to be released March 4.

On a related front, NACWA also sent a letter of support to Representative Steve Chabot (R-OH) this week, who has introduced complementary legislation to authorize an integrated planning pilot program. H.R. 2707, The Clean Water Compliance and Ratepayer Affordability Act of 2013, would select 15 communities from across the country to work with EPA to develop integrated plans that best meet each participating community’s particular needs. NACWA hopes that by engaging Congress on two parallel tracks, we can increase the likelihood of having this program successfully implemented. The Association will be working with Rep. Chabot and others in the House and Senate to build support for these two proposals. Updates will be provided as they become available.

Clean Water Message Hits the Road

NACWA's General Counsel, Nathan Gardner-Andrews, provided remarks this week at the Kentucky-Tennessee Water Environment Association’s Watersheds Conference in Nashville, Tenn., providing a national update on advocacy issues impacting clean water agencies. Over 100 clean water professionals from the Kentucky-Tennessee region participated in the conference, which examined a variety of watershed approaches being pursued by utilities to address issues such as wet weather overflows, stormwater, and nutrients. NACWA used its participation to highlight some of the Association’s current advocacy priorities such as encouraging integrated planning, strategic negotiations in wet weather enforcement, the pursuit of holistic watershed solutions, and advancing the Utility of the Future initiative.

The Association has recently ramped up its outreach to state and regional clean water groups and always appreciates the opportunity to participate in regional clean water conference and events. Members interested in learning more about NACWA’s state and regional outreach efforts may contact Brenna Mannion, Manager of Regulatory Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Have You Registered for the National Water Policy Forum & Fly-In?

Does your Member of Congress know the real value your utility provides to your community? How about federal regulators? Make sure your voice is heard in Washington, DC, by joining your clean water colleagues from NACWA, the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF) for the National Water Policy Forum & Fly-In, April 7-9, 2014 at the Capital Hilton. The anchor event of Water Week 2014, the Forum will provide the ideal setting to access the latest legislative, regulatory, and legal developments and meet federal policymakers in the Nation’s capital. Join other like-minded clean water utility professionals in connecting with Congressional offices and federal regulators to share your story on issues of national and local importance. While in DC, take advantage of this unique opportunity to make lasting connections and learn more about the issues affecting clean water utilities around the country. Registration, an agenda and additional information is now available. Make your plans today.

Scholarships Available for Singapore International Water Week

NACWA, the Water Environment Federation (WEF), and the Water Environment Research Foundation (WERF) are partnering with the Singapore host utility, Public Utility Board of Singapore, to assemble and host a U.S. delegation of utility leaders to attend Singapore International Water Week (SIWW), June 1 – 5, 2014. The focus of the trip will be on the Utility of the Future with a special emphasis on resource recovery. Participants in the U.S. Delegation will have access to all SIWW events, plus events planned together with our host to provide special site visits and more intimate exchange opportunities. A scholarship fund has been created to assist U.S. utility leaders in funding international participation. Scholarship recipients will be encouraged to write papers and make presentations about their experience at SIWW and will be provided forums to disseminate this information through NACWA, WEF, and WERF. Additional information and an application is now available. Applications are due by March 7.

NACWA Blog of the Week:
Milwaukee’s Energy Independence Program Exemplifies the Utility of the Future Initiative

The Milwaukee Metropolitan Sewerage District (MMSD) has been working toward energy independence since 2009. MMSD has established a goal of having 100% of their energy needs provided by renewable energy by the year 2035, with 80% of this energy being self-produced. Read on to learn about MMSD’s utility of the future initiatives and subscribe to The Water Voice today so you don’t miss a post!

 

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