» Clean Water Current Archive

April 25, 2014

Brief Defends Holistic Watershed Approach

NACWA and a number of municipal wastewater partners filed a brief  April 21 with a federal appeals court in litigation over the Chesapeake Bay total maximum daily load (TMDL), strongly endorsing the use of a watershed approach in achieving water quality improvement. NACWA’s brief, filed with the U.S. Court of Appeals for the Third Circuit in American Farm Bureau, et al. v. EPA, seeks to defend and affirm a lower federal court ruling that upheld the TMDL and its inclusion of nonpoint source allocations (see Advocacy Alert 13-14). The TMDL has been attacked by agricultural and development interests unhappy with its specific requirements for nonpoint source dischargers. NACWA was joined on the brief by the Virginia Association of Municipal Wastewater Agencies (VAMWA) and the Maryland Association of Municipal Wastewater Agencies (MAMWA).

The Association’s brief, filed in response to an appeal lodged by the nonpoint source interests to the lower court decision, reaffirms the Association’s commitment to defending a holistic watershed approach as the most equitable, cost-effective, and environmentally responsible way to achieve water quality improvement. The brief argues that EPA’s inclusion of nonpoint sources in the TMDL was both legal and appropriate, and disputes arguments by TMDL opponents that it will result in federal control over local land use decisions. Most importantly, the brief emphasizes the importance of addressing all sources of impairment – both point and nonpoint source – as the only way to make meaningful water quality advancements. This is especially true in waterbodies like the Chesapeake Bay which are dominated by nonpoint sources of pollution.

Echoing NACWA’s position, a group of six major U.S. cities – New York City, Baltimore, Philadelphia, Chicago, Los Angeles, and San Francisco – also filed an amicus brief this week in support of NACWA, highlighting the importance of a watershed approach to large municipal governments. The Association is very grateful for the invaluable support of these cities.

NACWA also distributed a press release this week on the briefs. Additional information on the case is available on the Association’s Litigation Tracking website.

Member Input Sought on Draft WOTUS Rule

The EPA and the U.S. Army Corps of Engineers recently released a draft Waters of the U.S. (WOTUS) rule which addresses the jurisdictional reach of the Clean Water Act.  The rule’s 90-day public comment period began on April 21, upon its official publication in the Federal Register.  NACWA will submit comments on the draft rule, and encourages all interested members to complete their own review and forward any comments to Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by May 16 to help inform NACWA’s comment effort.  EPA has also offered to hold a web seminar to brief NACWA members on the rule’s components.  Interested Member Agencies should contact Brenna Mannion as soon as possible.  Additional information on the draft rule and waste treatment exemption can be found in Advocacy Alert 14-08.

NACWA Weighs in on Idaho Human Health Criteria Effort

NACWA provided comments this week to the Idaho Department of Environmental Quality (IDEQ) on the state’s ongoing negotiated rulemaking process to evaluate fish consumption rates and the overall protectiveness of Idaho’s human health water quality criteria.  Several states, including Washington, Florida and Idaho, are currently looking at whether their existing human health criteria are adequately protective, with particular focus on assumed fish consumption rates.  In Idaho, the state has initiated a negotiated rulemaking to allow for an open and transparent process in which stakeholders can actively participate and weigh in.  One of the approaches Idaho is considering is the use of Probabilistic Risk Assessment (PRA) in lieu of the current deterministic approach for establishing criteria for toxic pollutants.  Idaho’s adoption of PRA could set a precedent for other states.  PRA, in lieu of using a single value for each of the parameters in the risk calculation, uses a distribution of parameter values and provides a resulting distribution of risk, allowing for more refined and informed calculations.  NACWA’s letter noted that PRA is a technically-sound approach that represents the best science available for assessing risk, and that it represents a significant technical advance that other states should consider.  PRA does not, however, solve all of the issues associated with criteria development, and NACWA’s letter stressed that rational implementation policies and tools will still be needed.  The Association continues to work with its members in states where these issues are being discussed and is preparing to comment on EPA’s planned revisions to over 90 human health criteria, where many of the same issues will be raised.

Association Coordinates with State/Regional Organizations Following Water Week

NACWA hosted a conference call this week with representatives from state and regional clean water organizations around the country to follow-up with those who partnered on Water Week 2014 and discuss future opportunities for collaboration on advocacy issues.  The call included an overview of Water Week, and feedback from those groups that participated and held meetings on Capitol Hill.  Attendees also heard about an EPA-award winning non-flushable public awareness campaign in Maine, whose customizable materials will soon be available to other clean water groups around the country.  Association staff also briefed attendees on national advocacy priorities, including the Farm Bill’s Regional Conservation Partnership Program (RCPP) and updates on stormwater regulation.  The benefits of leveraging the groups’ capabilities for shared advocacy objectives was highlighted via two legal briefs filed by NACWA with state group partners, and the Association’s recent participation in a number of state/regional events.  Ultimately, the intent of these calls is to best leverage combined advocacy resources on key issues – while identifying priority issues in various areas of the country.  If you are involved with a regional group that would be interested in joining this coalition, please contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Discusses Priorities at the International Emerging Technology Symposium

NACWA participated on a panel with representatives from DC Water, INDA (the association for the non-woven fabrics industry), InSinkErator, and a FOG (fats, oils and grease) capture technology manufacturer to highlight emerging challenges and solutions to harmful products entering the nation's sewer systems.

The focus was on prevention, partnership and public awareness, as well as the growing costs to utilities from these increasingly common problem-causing products. In remarks, NACWA Managing Director, Government & Public Affairs, Adam Krantz pointed to the Association’s collaborative work with INDA to develop more reasonable flushability guidelines for non-dispersible products as the type of effort that can move the needle on these issues.

Much of the discussion also focused on the Utility of the Future concept, including the opportunities presented by food waste as a feedstock for utility and energy generation, and the role of the utility in working with manufacturers to keep harmful products out of the sewer system.

NACWA to Convene Call on USDA’s Regional Conservation Partnership Program

On Thursday, May 1 at 2:00 pm EST, NACWA will convene an informational call for members interested in learning more about the new USDA Regional Conservation Partnership Program (RCPP) and how they might access it.  The 2014 Farm Bill establishes the RCPP, a new conservation program designed to support partnerships between farmers and non-farming entities to tackle various conservation and environmental issues on a regional scale.  The RCPP specifically identifies municipal water and wastewater utilities as eligible entities to form regional partnerships with farmers and provides an excellent opportunity for interested utilities to implement innovative nutrient management solutions with agricultural nonpoint sources to improve local water quality.  Members interested in participating in this call should contact Patricia Sinicropi, NACWA Legislative Director, for details at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA meets with Senate Offices on Affordability, Wet Weather Management & Utility of the Future

This week, NACWA met with key staff in the offices of Senators Sherrod Brown (D-OH), Brian Schatz (D-HI), and Tim Kaine (D-VA) to discuss the Association’s work on affordability, wet weather management and Utility of the Future issues.  NACWA is working with Senator Brown to reintroduce The Clean Water Affordability Act on a bipartisan basis this spring.  The bill includes language to codify EPA’s integrated planning approach, reauthorize a wet weather grant program, and revise EPA guidance on financial capability.  Senators Schatz and Kaine are also interested in the work Association Member Agencies are doing on a host of innovative approaches to utility management, including green infrastructure, energy generation and water recycling and reuse.

Rock the Current with NACWA this Summer

Planning to join NACWA in Portland, Oregon in July for the Summer Conference & Annual Meeting? You may want to make sure your travel plans include a Saturday, July 12 arrival so that you won’t miss the Rock the Current 5K Run/Walk at Gov. Tom McCall Waterfront Park.  The Sunday morning, July 13, Rock the Current 5K will give participants the opportunity to see sweeping views of the Willamette River and downtown Portland while helping a local Portland nonprofit.  The Summer Conference itself, Executive Utility Leadership... Today & Tomorrow, opens with Board of Directors meetings on Sunday afternoon and a Welcoming Reception that evening.  Programming starts on Monday, July 14, with informative and engaging committee meetings – and wraps up at noon on Wednesday, July 16.  An afternoon of your choice several incredible facility tours follows.  Travel home on Thursday, July 17 – or choose to enjoy all that the Pacific Northwest has to offer over the weekend.  Stay tuned for additional details coming soon.

NACWA Blog of the Week: For the Clean Water Community, Every Day is Earth Day

Earth Day and Earth Week provide a welcome opportunity for NACWA’s clean water utility members to strut their stuff to their rate payers and decision-makers – showing the very best of what they do for their communities and the environment. Read on to learn more about what NACWA Members are doing during Earth Week. With a post every week, why not subscribe to The Water Voice and be the first to read every post?

EPA to Hold April 30 Webinar on SRF ‘Buy American’ Requirements

EPA will be holding a web seminar on the American Iron & Steel Requirement for the State Revolving Funds on Wednesday, April 30, from 12:00 noon to 1:30 pm, EDT.  In March, the Agency released guidance on the new requirements included in the Consolidated Appropriations Act of 2014 (the FY 2014 spending bill passed by Congress - see March 28 Clean Water Current).  The web seminar will focus on how to implement the new requirement, the waiver process, and national waivers. To register, visit https://www2.gotomeeting.com/register/813821658.

April 30 – Deadline to submit for Excellence Management Recognition

Excellence in utility management – you practice it – we want to recognize it! The deadline to submit applications for the Excellence in Management Recognition Program is Wednesday, April 30.  NACWA encourages it Member Agencies to apply for the 2014 Excellence in Management Recognition Program (EIM).  With an emphasis on the Ten Attributes of an Effectively Managed Utility and Resource Efficiency & Protection Activities, the EIM Program celebrates those agencies that have made a commitment to implement sustained, successful programs that address a range of challenges faced by public clean water utilities.  Questions and applications should be directed to Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .