» Clean Water Current Archive

March 28, 2014

HRSD Testifies at House Hearing on Water Quality Trading Success

The House Transportation & Infrastructure Subcommittee on Water Resources and the Environment held a hearing on Tuesday on The Role of Water Quality Trading in Achieving Clean Water Objectives. The hearing looked at the potential use of water quality trading as an innovative, market-based mechanism to cost-effectively achieve local water quality improvements. Jim Pletl, Director of Water Quality at Hampton Roads Sanitation District (HRSD), testified on NACWA’s behalf. He spoke about the significant cost savings HRSD has experienced since participating in a point-to-point source nutrient trading program to meet the District’s nutrient permit limits. Others who testified included Peter Tennant, Executive Director of the Ohio River Valley Water Sanitation Commission, and Brent Fewell, a Partner at Troutman Sanders who spoke on behalf of the National Water Quality Trading Alliance, of which NACWA is a founding member. Overall, the discussion was very positive and the concept had good bipartisan support from members of the Subcommittee.

EPA Administrator McCarthy Testifies, Recognizes Need to Make Integrated Planning More Proactive Citing NACWA

EPA Administrator Gina McCarthy testified on Thursday at a House Appropriations Subcommittee on Interior, Environment, and Related Agencies hearing on the FY 2015 EPA budget request. Though the majority of the hearing focused on the potential implications of the recently released proposed Clean Water Act jurisdiction rule, Subcommittee Chair Ken Calvert (R-CA) asked McCarthy about EPA’s integrated planning framework and whether the Agency would support the creation of a new pilot program to demonstrate and evaluate the effectiveness of the new model. Citing NACWA’s efforts on seeking integrated planning (IP) pilots – and the collaborative effort with NACWA on regional IP meetings – in her response, McCarthy agreed it was important to move beyond enforcement venue to take a more proactive approach to IP. McCarthy mentioned looking at EPA’s funding of green infrastructure projects as a potential way to advance IP. Subcommittee Ranking Member Jim Moran (D-VA) responded by saying that he is supportive of an IP pilot program and that we should expect to see some funding included for it in the FY2015 House EPA Appropriations bill. NACWA will continue to work with the Agency to advance the idea of IP pilot funding and will provide updates on this issue as they become available.

Perciasepe Confirmed for Water Week 2014; Member Agencies Urged to Schedule Capitol Hill Visits

With only nine days to go until the kickoff of Water Week 2014, NACWA is pleased to announce that EPA’s Deputy Administrator, Bob Perciasepe, will speak at the National Water Policy Forum & Fly-In on the morning of April 9. Water Week 2014 will bring together water and wastewater professionals and key policy-makers from across the country to meet with Members of Congress and federal regulators to share perspectives on federal clean water policy. Attendees will have an opportunity on the afternoon of April 8 to head to Capitol Hill and visit with their Congressional delegation. NACWA Member Agencies are urged to schedule their meetings today. We encourage you to invite your congressional delegation to the Water Week 2014 Congressional Briefing and later that same day, Congressional Reception on Tuesday, April 8. Information and resources are available in NACWA’s Congressional Toolbox. If you have any questions regarding arranging these meetings please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Manager of Legislative Affairs, at 202/833-4655 – and don’t forget to register today for the National Water Policy Forum & Fly-In.

EPA Releases Draft CWA Jurisdiction Rule; Maintains Waste Treatment System Exemption

The EPA and the U.S. Army Corps of Engineers released a draft rule this week addressing the jurisdictional reach of the Clean Water Act (CWA). The draft rule seeks to provide additional guidance on which waterbodies are covered by the CWA’s regulatory and permitting requirements, and will be subject to a 90-day public comment period upon its official publication in the Federal Register. The Association will be conducting an in-depth review and analysis of the proposal and will be submitting comments on the draft rule. NACWA encourages all interested members to complete their own review of the rule and to forward any thoughts/concern with the proposal to Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to help inform NACWA’s comment effort. For more information on the draft rule and the waste treatment system exemption, see Advocacy Alert 14-08.

EPA Releases Guidance on SRF ‘Buy American’ Requirements

EPA released guidance last week on the Buy American Requirements included in the Consolidated Appropriations Act of 2014 (the FY 2014 spending bill passed by Congress - see January 17 Clean Water Current). In the bill, Congress stipulated that State Revolving Fund (SRF) projects must comply with Buy American provisions, requiring that products consisting primarily of iron and steel be American-made. In short, no SRF funds “shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States.” As previously noted in Advocacy Alert 14-08, this language is less stringent than the previous Buy American provisions contained in the American Recovery and Reinvestment Act (ARRA) which included the much broader term “iron, steel, or relevant manufactured goods.”

EPA posted the guidance on their new American Iron and Steel (AIS) website in addition to two draft national waivers, which will be open for public comment before they are finalized and approved. NACWA is continuing to analyze the details of the guidance and draft waivers. If members have specific comments on these requirements and how they affect projects at their utilities, please email Claire Moser at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Supports California Legislation to Establish Drug Take-Back Program

NACWA submitted a letter of support this week for California Senate Bill (SB) 1014, which would require that producers of pharmaceuticals create, finance, and manage an extended producer responsibility system for consumers to safely and conveniently dispose of unused pharmaceuticals. This effort aligns directly with NACWA’s “Toilets Are Not Trash Cans” campaign to limit the amount of inappropriate products entering the sewer system, including flushed pharmaceuticals. The California Association of Sanitation Agencies (CASA) and other California clean water utilities and have also voiced their support for SB 1014.

The Drug Enforcement Administration (DEA) currently operates pharmaceutical take-back events on two days each year, and other take-back programs are operated locally by utilities and other entities. Two counties – Alameda County in California and King County in Washington – have passed ordinances requiring drug manufacturers to operate take-back programs, but both of these counties were sued by three pharmaceutical associations. Alameda County’s ordinance was upheld by the U.S. District Court, and the case is now being considered by the Ninth Circuit Court of Appeals. The King County litigation is pending.

Take-back programs are an important method of preventing both prescription drug abuse and adverse water quality impacts from the flushing of unused drugs. NACWA believes that placing the responsibility for take-back programs on the drug manufacturers will remove the burden of dealing with unused pharmaceuticals from California municipalities, and SB 1014 could set an example for the rest of the country.

NACWA members are encouraged to contact NACWA regarding state and local legislation related to unused pharmaceuticals and any other issues related to the work of clean water agencies.

NACWA Recommends Revisions to Greenhouse Gas Inventory

NACWA submitted comments this week to EPA regarding the Agency’s draft Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2012. The annual inventory provides nationwide estimates of greenhouse gas (GHG) emissions for various sectors, including wastewater treatment, and is intended to be used only for informational purposes. The wastewater treatment category in the Inventory includes publicly owned treatment works (POTWs), septic systems, and industrial wastewater treatment systems, and consistently ranks in the top ten sectors for emissions of methane and nitrous oxide, although wastewater emissions are much smaller in magnitude than for the highest ranked categories.

NACWA has commented on the seven previous Inventories, and EPA has made corrections and clarifications that have been requested by the Association. In this year’s Inventory, EPA responded to a request made by NACWA last year and included more information about the variables used in calculating nitrous oxide emissions for 2012 and previous years. EPA did not make any substantive changes in the emissions calculations in this year’s Inventory prompting NACWA to re-emphasize its comments from previous years. The Association recommended that EPA use a different methodology or a different nitrogen loading rate to calculate nitrous oxide emissions, since loading rates collected by NACWA and available in literature are lower than those used in the Inventory. NACWA also asked EPA to clarify that the Inventory should only be used for information purposes and not for regulatory requirements, and that industry-wide estimates are not always applicable for facility-level emissions calculations, such as those required in Clean Air Act permitting programs. The Association will evaluate any changes made in the final 2012 Inventory and will continue to monitor all EPA actions related to GHG emissions from wastewater utilities.

NACWA Issues February/March Healthy Waters Update

NACWA forwarded the February – March 2014 Healthy Waters Update this week to members of the Healthy Waters Coalition, a diverse group of municipal and state water and wastewater organizations, as well as conservation and sustainable agriculture. The Coalition is focused on strengthening links between working agricultural lands and the quality of our Nation’s waters – with specific emphasis on agricultural nutrient run-off. The Update provides an overview of press coverage on key studies and research, and significant federal/state/local activities related to nutrient issues. A full archive of past Updates, can be found here. NACWA members interested in receiving the Updates are invited to email the Healthy Waters Coalition at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Peak Performance Award Deadline Nears

Only one week remains to apply for NACWA’s 2013 Peak Performance Awards. Recognizing Member Agencies’ top performing treatment facilities for over two decades, Peak Performance Awards honor treatment facilities that have achieved outstanding compliance with their National Pollutant Discharge Elimination System (NPDES) permits. Recognition is awarded at three levels: Platinum, Gold, and Silver. Read more about how your Agency’s treatment facilities can be earn recognition for their outstanding performance. Applications are due April 4, 2014.

Mark Your Calendars! Make Your Plans!

NACWA currently offers a number of meetings and conferences, perfect for professional development for you and your staff – registration is now available for:

• Wet Weather Consent Decree Workshop: Join your clean water colleagues April 30 – May 1 in Chicago for the first-of-its-kind Workshop offering intensive and insightful sessions on the current state of play in the wet weather consent decree arena. Through analysis of real world case studies, available tools, effective negotiation strategies, and areas of evolving regulatory flexibility, will equip clean water agencies with the most up-to-date consent decree information and resources to renegotiate existing decrees or negotiate new decrees that best serve their communities and the environment. The Workshop will also provide a forum for candid dialogue and information sharing on lessons learned in terms of successes and failures. As a Workshop attendee, you will also be the first to receive NACWA’s new Wet Weather Consent Decree Handbook, an invaluable resource for municipal attorneys, managers, and staff to use during negotiations on federal or state enforcement actions.
• National Pretreatment & Pollution Prevention Workshop: For over two decades, pretreatment professionals from across the country have benefited from the utility focused speakers and panels – and the unique networking opportunities provided by NACWA’s National Pretreatment and Pollution Prevention Workshop. Join us May 14 – 16 in Minneapolis for the only conference designed especially for pretreatment professionals. This year’s Workshop program will focus on topics that promise to be important for pretreatment programs in the future, as well as issues that are currently affecting these programs. EPA staff will provide the latest updates on National Pretreatment Program initiatives, and panel presentation topics will include controlling dental amalgam, with or without a national rule; reducing pollution - including plastic microbeads - from consumer products; bio-cremation and pretreatment; legal case studies involving hauled wastes; and more! We will also offer a special one day Training specifically for those new to the Pretreatment arena.

NACWA Blog of the Week: Facing Historic Drought, California Focuses on Water Reuse

In the face of California’s driest year in the state’s history, Governor Jerry Brown officially declared a State of Emergency and signed a $687 million drought relief bill. The bill signed on March 1, allocates funding and resources for the State Water Resources Control Board (SWRCB) to develop water reuse projects to provide sustainable water sources for irrigation, industrial processes and aquifer recharge. Related efforts at the State level include $800 million in loans with a 1% interest rate being made available for reuse projects. This funding is not only critical to address the drought, but also comes at a time when California utilities are transforming into Utilities of the Future that view water as a valuable, recyclable resource. How can we learn from what the state of California is going through? Read on to find out more and subscribe to The Water Voice today and don’t miss a post!