» Clean Water Current Archive

July 11, 2014

NACWA and AMWA Release Report from Resilience Summit, EPA Announces Key Tool

On Thursday, NACWA and the Association of Metropolitan Water Agencies (AMWA) released the Water Resilience Summit Summary and Next Steps  white paper. NACWA and AMWA co-hosted the Water Resilience Summit in April as part of Water Week 2014, bringing more than 50 wastewater utility, drinking water utility, private sector, and federal officials together for a day-and-a-half facilitated dialogue on climate and resilience issues.

Although there are no simple solutions to climate change resilience, NACWA and AMWA, have identified several collaborative actions in the report to advance water sector resilience. These actions will need further cooperation with and among key federal agencies to succeed but recent developments offer some evidence that despite the enormity of the challenge progress can be made.

In the few months since the Summit, the federal government has already taken several positive actions on resilience that could benefit municipalities which are mentioned in the white paper. Just this week, for example, EPA released the Flood Resilience Checklist, a new resilience tool to help communities prepare for and recover from floods. Although the checklist is part of a new report focused on Vermont, the policy options and checklist in the report can be applied to any community seeking to become more flood resilient.

If you have any questions regarding the white paper or any further input on potential next steps, please contact Brenna Mannion ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at NACWA.

House Appropriations Subcommittee Reports Proposed EPA FY15 Budget

The House Appropriations Subcommittee that oversees EPA’s budget reported its fiscal year (FY) 2015 spending proposal for the Agency this week. Overall, the proposal reduces EPA’s budget by 9% with total spending for the Agency held at $7.5 billion. The Subcommittee’s proposal mirrors the President’s budget request of $1.018 billion for the Clean Water State Revolving Fund Program and $757 million for the Drinking Water State Revolving Fund Program. The FY 2014 enacted levels for both programs were $1,448,887,000 and $906,890,000, respectively.

In addition to proposed spending levels, the House package contains several policy riders including one that would prevent the Agency from implementing its proposed “Waters of the U.S.” rule for determining what waters fall under the jurisdiction of the Clean Water Act for purposes of issuing permits under that statute. The Administration has already issued a veto threat for the bill due to the policy riders that House Republicans included in the package.

Also, the FY 2015 House budget proposal did not contain funding for the WIFIA loan guaranty program, but this may be included down the road in the Senate version. There is also the possibility that appropriations for the WIFIA program may be delayed until FY 2016. NACWA will keep members apprised of any relevant updates as the budget process unfolds.

The House Appropriations Committee will consider this package next week, with the full House likely to vote on the package before August recess.

Appeals Board Ruling Affirms Flexibility for Nutrient Permit Limits

The U.S. Environmental Appeals Board (EAB) issued a positive ruling  July 8 upholding the ability of clean water regulators to express discharge permit nutrient limits in weekly or monthly averages and echoing arguments made by NACWA and its municipal partners in the permit appeal. The EAB’s decision in the City of Homedale Wastewater Treatment Plant rejected a request from an environmental activist group to review an EPA-issued permit for a POTW that included nutrients limits expressed as weekly and monthly averages and not as a true daily maximum limit. The NGO group had argued that an existing total maximum daily load (TMDL) nutrient wasteload allocation for the plant should be interpreted and applied to require a daily maximum nutrient limit in the permit, rather than average discharge limits included by EPA.

But the EAB rejected this interpretation and instead found the Region’s more flexible interpretation was acceptable. The EAB also reaffirmed the basic principle that discharge permit requirements do not have to be identical to TMDL wasteload allocations, only that the limits be consistent with the assumptions and requirements of the allocation.

NACWA joined with the Wet Weather Partnership and a number of state clean water associations in December to file a brief  in the appeal. NACWA is pleased with the EAB’s ruling and believes it reinforces the important flexibility available under the Clean Water Act to express nutrient limits in monthly or seasonal averages and not as true daily maximums. Additional information on the case is available on NACWA’s Litigation Tracking webpage.

Wastewater-Derived Transportation Fuels Approved for Renewable Fuel Standards

EPA announced in a final rule  on July 2 that wastewater-derived transportation fuels would qualify as cellulosic biofuels in the Renewable Fuel Standards (RFS), which will provide a potential new source of revenue for clean water agencies that produce transportation fuels from biogas. This decision achieves a goal of the Water Resources Utility of the Future (UOTF) efforts to have EPA and other federal agencies fully recognize that fuels produced at wastewater utilities are renewable. The newly approved RFS cellulosic fuel production methods, or “pathways,” that apply to publicly owned treatment works (POTWs) are compressed and liquefied natural gas produced from POTW biogas and electricity produced from biogas that is used to power electric vehicles.

EPA’s decision is a direct result of a July 15, 2013 letter  sent by NACWA in response to the Agency’s proposal  to allow landfill gas to qualify as a cellulosic biofuel, urging EPA to include POTW biogas in this determination as well. EPA responded positively to NACWA’s request, and the Association worked with the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF) as part of the UOTF effort to provide EPA with additional data to justify this decision. More details about the decision and its implications for NACWA members are available in Advocacy Alert 14-15. Member Agencies that are producing transportation fuel from biogas, or are considering adding this type of program, are encouraged to contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

EPA to Hold Series of Listening Sessions on the WIFIA Loan Guaranty Program

EPA has announced that it will be holding a series of Listening Sessions on the Water Infrastructure Financing and Innovations Act loan guaranty program that passed as part of the Water Resources Reform and Development Act (WRRDA) and the Agency is particularly interested in having NACWA public agency members participate.   The first Listening Session will be held in Chicago on July 22 and registration for this session is available on EPA’s website.  Other sessions will take place in New York, Atlanta, Dallas, Los Angeles, San Francisco, and Washington, DC but have not been scheduled yet. NACWA will share the dates for these sessions when they become available.  The sessions will provide an overview of WIFIA by EPA and how the Agency plans to stand up the program and then an opportunity from the audience to weigh in with input on implementation of the program, the appropriate selection criteria for eligible projects, and specific project ideas as well.  Additional information on the WIFIA program is available in NACWA’s May 20 Advocacy Alert. Members interested in emailing EPA with any further information on these sessions can do so by emailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Joins Mayors’ Urban Water Council, Focus Is on Affordability

NACWA has joined the U.S. Conference of Mayors’ Urban Water Council as an affiliate member, providing key opportunities to participate in their meetings and to offer input into their agenda and priority issues from the utility perspective.  As part of this membership, NACWA also receives the Mayors’ Urban Water Council’s Newsletter which provides valuable insight into their advocacy priorities.  Their most recent Summer 2014 Newsletter demonstrates that their primary focus is on working with EPA on affordability and integrated planning (IP) — a shared priority with NACWA. The Newsletter contains valuable information on a range of other issues, including public-private partnerships, energy efficiency, public water system automation and others.  NACWA will provide these Newsletters to the NACWA membership as a means of enhancing our collaborative efforts with the Mayors.

NACWA Blog of the Week: “Flushing Awesome” Public Education Campaigns

Items such as baby wipes, dental floss and feminine hygiene products not only gum up pipes but cost utilities and, in turn, ratepayers money.  Many utilities are trying to shift public perception through public education. This week's blog focuses on some unique and well-received programs to educate the public on the fact that, as NACWA’s own campaign puts it, Toilets Are Not Trash Cans. Read on to find out more.

Safe Travels to Portland!

NACWA's Summer Conference is here and we look forward to seeing many of you in the City of Roses!  Information including an agenda, event handouts, a list of registered attendees, and Portland attractions can be found at www.nacwa.org/14summer.