» Clean Water Current Archive

October 3, 2014

NACWA, Agency Members to Participate in White House, EPA Launch of GI Collaborative

NACWA and a number of its public agency members, including the Northeast Ohio Regional Sewer District (NEORSD), will participate at a joint White House Council on Environmental Quality (CEQ) and EPA event on October 8th launching the Green Infrastructure Collaborative initiative. The Collaborative is made up of a broad-based network of federal agencies, NGOs, and other private sector organizations interested in promoting and implementing green infrastructure (GI). The network includes NACWA and the original signatories of the 2007 Green Infrastructure Statement of Intent  who, along with new partners, have developed a statement of support for the Collaborative which reflects the progress made since 2007 and the clean water community’s interest in GI to complement and enhance traditional infrastructure solutions to wet weather issues. The Statement of Support will be released next week and follows the format of the Federal Statement of Support , identifying the various commitments organizations are making to further GI implementation. NACWA has been successful in making it clear that GI must complement grey infrastructure with the ultimate goal of ensuring a sustainable infrastructure approach. NEORSD and other NACWA member agencies will join an elite group of speakers at the White House event, including Michael Boots, Acting CEQ Chair, and EPA Administrator Gina McCarthy.

NACWA Files Brief, Continues Advocacy on SSI Issue

NACWA submitted a brief  Sept. 29 in litigation over EPA’s final Non-Hazardous Secondary Materials (NHSM) Rule, joining other organizations in challenging the regulation.  The reply brief filed this week echoes arguments previously made by NACWA in an April brief  that a specific statutory exclusion for domestic sewage in current federal solid waste law prevents EPA from regulating sewage sludge when combusted as a solid waste.  The brief also pushes back on arguments made by EPA and environmental activist groups during the litigation that support EPA’s classification of sludge as a solid waste when combusted in sewage sludge incinerators (SSIs).  

The NHSM Rule, which was finalized in 2011, provides a critical regulatory foundation for EPA’s SSI Rule.  In particular, the NHSM Rule classifies SSIs as solid waste incineration units, thus leading to much more stringent air emission standards for SSIs.  NACWA’s litigation over the NHSM Rule is part of the Association’s overall advocacy efforts to challenge EPA’s new SSI regulations.  Briefing in the case is now complete, and oral arguments are expected in late 2014 or early 2015.  Additional information on the litigation is available on NACWA’s Litigation Tracking webpage.     

Three NACWA Members Receive Prestigious NBP Award

The National Biosolids Partnership (NBP) honored three NACWA members Wednesday with the prestigious 10 Years Platinum award at WEFTEC 2014 in New Orleans.  NACWA extends its congratulations to the three organizations—Orange County Sanitation District, Calif.; City of Los Angeles, Calif.; and DC Water, Washington, DC.  These three utilities are leaders in the industry and exemplify the NBP’s focus on continuous improvement and best practices in biosolids management.  The NBP, which advances environmentally sound biosolids management practices, was formed as a partnership among the Water Environment Federation (WEF), NACWA and EPA, and is now operated by WEF in collaboration with NACWA, EPA and local and regional biosolids management organizations across the U.S. and Canada. 

EPA Discusses Hot Topics at WEFTEC Utility Leaders Discussion

NACWA's Hot Topics Breakfast kicked off a morning of programing dedicated to utility leaders on Tuesday during WEFTEC 2014 in New Orleans.  Ken Kopocis, Deputy Assistant Administrator for the Office of Water provided keynote remarks focusing on the Agency's Waters of the United States rule, climate change, and nutrients, among other topics.  Joining Kopocis were the heads of all the water offices: Andrew Sawyers, Director of the Office of Wastewater Management; Betsy Southerland, Director of the Office of Science &Technology; Benita Best-Wong, Director of the Office of Wetlands, Oceans & Watersheds; and Peter Grevatt, Director of the Office of Ground Water & Drinking Water, as well as Deborah Nagle, Director of the Water Permits Division in the Office of Wastewater Management. 

Although the speakers did not focus on wet weather and blending, several questions from those in attendance focused on these issues and what steps EPA might be taking to address them.  EPA focused its responses on integrated planning, suggesting that some of the more difficult wet weather challenges, including SSOs and blending, may be best addressed on a case-by-case basis through integrated planning.  The status of integrated planning and the lack of apparent progress on implementation was another topic of discussion.  EPA noted that Administrator Gina McCarthy is expected to make an announcement during the week of October 6, naming the five communities that were awarded technical assistance funding for integrated planning.  Other discussion topics included the recent revisions to the Clean Water State Revolving Fund and the new Water Infrastructure Finance & Innovation Authority (WIFIA) loan guaranty program, water reuse, and EPA’s response to the drinking water contamination issue in Toledo. 

On a related note, NACWA’s blog focused on WEFTEC’14 in New Orleans, noting that the major water challenges this city faces – and the need to be innovative in addressing them – offer the perfect backdrop for a high-level utility-based dialogue.  The blog notes that there is no better place than the Big Easy to remind us of the power of water!

NACWA Talks Clean Water Priorities at WEFTEC

NACWA staff spoke at several key sessions at WEFTEC this past week, voicing the concerns of clean water agencies and ensuring their perspective was heard loud and clear.

The It’s a Toilet Not a Trashcan! session included presentations on the results of the Save Your Pipes: Don’t Flush Baby Wipes public education campaign, which NACWA helped to fund through the Targeted Action Fund (TAF).  A new study by Xylem showed excessive accumulation in pumps for four out of five wipes labeled “flushable,” providing evidence that the current industry flushability guidelines need to be improved.  An update was given by Rob Greenwood of Ross Strategic, the facilitator for the Technical Workgroup addressing flushability issues, on the results of the workgroup, with participation from Cynthia Finley, NACWA’s Director of Regulatory Affairs, and representatives from WEF, and INDA (the trade association for the non-woven fabrics industry).  The panel discussed plans to reach a formal agreement between the associations by October 17, which will include scopes of work for updating the industry’s flushability guidelines with participation by wastewater experts and beginning a product stewardship process to address consumer education and improved labeling of wipes. 

NACWA’s Pat Sinicropi, Senior Director of Legislative Affairs, also provided a point source perspective on water quality trading as an approach to meeting compliance obligations under the Clean Water Act during an all-day trading workshop at WEFTEC.  The day-long workshop provided participants with a chance to learn about successful trading programs from across the country and how lessons learned from these success stories might benefit communities elsewhere in the country that are contemplating trading as a way to meet their water quality challenges.      

Nathan Gardner-Andrews, NACWA’s General Counsel, participated in panel titled Stormwater Policy Updates and Discussions, focused on current legal and policy issues in the stormwater arena.  His focus was on specific issues impacting municipal stormwater dischargers with an emphasis on legal/regulatory implications in the aftermath of EPA’s decision to defer national stormwater rule.  NACWA identified a number of current challenges facing MS4s including likely efforts by EPA/states to increase MS4 regulations on a permit-by-permit basis in the absence of a national regulation, the increased role of total maximum daily loads (TMDLs) in setting MS4 permit requirements, and the threat posed by legal challenges to MS4 programs and fee structures.  NACWA’s General Counsel also participated on a Legal, Regulatory, and Policy Hot Topics panel of EPA, state, and utility officials discussing key legal, regulatory, and policy issues facing the clean water community today. 

Hear the Confessions of a Middle-Aged Clean Water Law at NACWA’s Law Seminar

NACWA’s National Clean Water Law Seminar provides the perfect opportunity to get up to speed on key legal and regulatory challenges and opportunities relevant to the municipal clean water community.  Join us November 19 – 21 in St. Pete Beach, Florida, to hear from expert clean water attorneys as well as current and former high level EPA and state regulatory officials on such topics as integrated planning; funding and financing; stormwater; wet weather and enforcement developments; legal considerations related to green infrastructure; and a review of the most important Clean Water Act cases of the past year.

One highlight of this year’s Seminar will be a panel of veteran clean water practitioners who will share their views on a panel titled Confessions of a Middle-Aged CWA, exploringthe Act’s strengths and weakness, and divining what to expect going forward.

Continuing Legal Education (CLE) credits, including ethics credits, will be available. Additional details on the Seminar, including hotel and registration information and a preliminary agenda, are available on NACWA’s website. Register today!