June 5, 2015

Federal Court Dismisses Challenge to NHSM Rule

The D.C. Circuit Court of Appeals issued a decision  Wednesday in litigation  over EPA’s final Non-Hazardous Secondary Materials (NHSM) Rule, dismissing challenges filed by NACWA and others to the rule. In the June 3 decision, the court rejected NACWA’s arguments that the “domestic sewage exclusion” (DSE) in the Resource Conservation and Recovery Act (RCRA) exempts sewage sludge from classification as a solid waste when incinerated. The court agreed with EPA’s position that RCRA’s definition of sludge encompasses sludge produced during the wastewater treatment process, and thus the DSE does not apply. This week’s decision was not entirely unexpected given the court’s cool reception to NACWA and the other petitioners at oral argument last month.

The NHSM Rule provides a key regulatory underpinning for EPA’s Sewage Sludge Incinerator (SSI) Rule by defining sludge when incinerated as a solid waste. NACWA challenged   the NHSM Rule as part of the Association’s overall advocacy related to SSI issues. The rule, and this week’s court decision, only impact sewage sludge that is incinerated for disposal, not sludge managed through other methods.

With the D.C. Circuit’s ruling in the NHSM case, all practical legal avenues to challenging EPA’s SSI regulations are now closed. While NACWA has been consistently advising SSI utilities to make all efforts necessary for compliance with the SSI Rule by the March 2016 compliance deadline (or earlier in some states), the decision dismissing NACWA’s challenge to the underlying NHSM Rule makes it all the more important that utilities move forward as quickly as possible to comply with the SSI Rule. NACWA is still engaged with EPA on a number of important regulatory issues related to the SSI Rule and will keep the membership updated on any developments, but these activities will have no impact on the compliance deadline.

NACWA is extremely grateful to all the utilities that have supported the Association’s significant SSI advocacy efforts over the past five years, especially those that contributed financially to the SSI Advocacy Coalition.

Western Drought Examined by Senate Committee

The Senate Energy and Natural Resources Committee held a hearing Tuesday on the ongoing drought conditions in the Western United States. The hearing was the first step toward legislation intended to help alleviate the problem. The committee members and witnesses spoke about their local drought challenges and their approaches to mitigating drought effects and improving water availability, including increased water storage and embracing reuse and desalination technologies. Senator Maria Cantwell (D-WA) stressed the importance of fostering more collaboration at the local level for smaller and more affordable projects, in addition to larger federal projects. Chairwoman Lisa Murkowski (R-AK) asked about the barriers to increased collaboration and what is needed to address them.

Water reuse was a key topic of interest and the committee discussed its potential to help solve drought issues and its cost. Thomas Buschatzke, director of the Arizona Department of Water Resources, highlighted his state's commitment to reuse technology, citing work by NACWA Member Agency the City of Phoenix Water Services Department to supply 60,000 acre-feet per year of treated wastewater to Arizona's Pal Verde Nuclear Generating Station. The ongoing drought conditions in the West will only further highlight the opportunities for clean water utilities to contribute to sustainable water supplies through reuse. Through ongoing work on the Utility of the Future and the efforts of NACWA’s Water Reuse workgroup, the Association is committed to increasing the feasibility of and funding for water reuse. A recording of the hearing and copies of opening remarks and witness testimonies can be found on the committee’s website.

FY 2016 Association Budgets Presented for Member Comment

NACWA presented the Association’s FY 2016 General Fund   and Targeted Action Fund (TAF)   budgets to the membership this week for review and comment via Member Update 15-05 . With financial sustainability as a priority, the preliminary FY 2016 General Fund budget calls for a 4.5% dues increase for all Public Member Agencies. This increase implements the third year of a NACWA Board of Directors-endorsed financial sustainability plan, with the goal of moving away from reliance on the unsustainable practice of voluntary assessments and contributions – and toward an approach that sustains both the General Fund and TAF through membership dues. In FY 2016, the Association’s smallest Member Agencies will see their dues increase by $70 – and its largest Member Agencies’ dues will increase by $2,700.

The preliminary General Fund budget also reflects a revised and updated dues schedules for all Affiliate Members (Corporate, Legal and Supporting) in FY 2016, in lieu of the 4.5% dues increase. Affiliate dues schedules have been revised to reflect changing conditions in the business environment and to better align with those of our Public Member Agencies, and the high level of benefits provided.

Attention was also paid to the critical role the Association’s TAF plays in accomplishing key strategic objectives. In FY 2016, the TAF will continue to support key critical initiatives  that offer an incredible return on investment. The preliminary FY 2016 TAF budget includes a $600,000 dues allocation, a $50,000 increase over FY 2015.

Member Update 15-05  focuses on an aggressive advocacy agenda for FY 2016 and the significant operational and financial benefits resulting directly from membership in NACWA. Association members are invited to provide comment on the preliminary FY 2016 budgets to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA Treasurer and Chair of the Association’s Finance Committee and NACWA’s Executive Director, This e-mail address is being protected from spambots. You need JavaScript enabled to view it  by midnight Eastern Time on Monday, June 15, 2015. All comments received will be carefully considered prior to final action on the FY 2016 budgets when NACWA’s Board of Directors meets in mid-July in Providence, Rhode Island.

EPA Releases Environmental Justice Guidance

EPA publicly released its final Guidance on Considering Environmental Justice During the Development of Regulatory Actions  this week to help Agency rule writers identify and address potentially disproportionate environmental and public health impacts experienced by minority populations, low-income populations, and/or indigenous peoples. EPA also issued a cover memo  with the document to Agency staff emphasizing key changes in the final guidance document from the interim version issued in 2010 and highlighting examples of environmental justice (EJ) considerations that have been incorporated in recent Agency rulemaking efforts.

The guidance applies to rulemaking, development of risk assessments, analytical tools, guidance documents and other actions. It identifies key steps throughout the rulemaking process to appropriately assess EJ as well as methods to ensure populations of concern can meaningfully participate in the process. Although the document is only intended to guide EPA work on rulemaking actions and not individual permitting or other regulatory decisions, it nevertheless is the most comprehensive statement to date from the Agency on the role of EJ in implementing federal environmental laws. Utilities with interests or concerns regarding how EPA approaches EJ should review the document to better understand the Agency’s most recent thinking on the issue.

NACWA has been closely engaged with EPA in recent months on EJ considerations, including drafting comments on the recent draft EPA EJ 2020 Action Agenda. Members with questions on EPA’s EJ initiatives can contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Advocacy, Member Agencies Get Positive Attention from Key Media Outlets

NACWA continues to be looked to as the trusted voice on clean water issues, with the Association and its Member Agencies receiving significant attention in the media on a number of prominent issues:

• The Guardian (U.S.) – Don't believe the label 'flushable': disposable wipes clog sewers around the world, quoting Cynthia Finley, NACWA’s Director of Regulatory Affairs on the need for a collaborative approach to dealing with the problem of wipes. Similar articles were printed in the Miami Herald (Miami-Dade’s sewage system declares flushable wipes the enemy), which also cited NACWA.
• The Spokane Spokesman-Review - Editorial: State should have say in setting water quality standards, which directly references a NACWA letter sent last month to the Region 10 EPA Administrator urging the office not to usurp state primacy when it comes to setting water quality standards.
• Governing - Farmers and Cities Play the Water Pollution Blame Game, quotes Pat Sinicropi, NACWA’s Senior Director of Legislative Affairs, on the importance of addressing nutrient challenges more cheaply on the farm than through expensive end-of-pipe technology fixes at clean water agencies and urging a collaborative approach to these challenges. The article explores in detail the legal battle in Des Moines, Iowa, over nutrient pollution.
• Urban Milwaukee – The Milwaukee Metropolitan Sewerage District (MMSD) Story (Part 1, Part 2, Part 3), an incredible three-part series detailing the work MMSD is doing to ensure a sustainable water future for Milwaukee and cites MMSD as the first recipient of NACWA’s Utility of the Future National Environmental Achievement Award.

Rhode Island Governor, Tech Guru to Open Utility Leadership Conference

NACWA’s 2015 Utility Leadership Conference & 45th Anniversary Annual Meeting will be held July 12-15, 2015, at the Omni Providence Hotel in Providence, Rhode Island. The committee meetings, General Session program, and special events, including our 45th Anniversary Celebratory Reception & Dinner honoring retiring Executive Director, Ken Kirk, will make this meeting one you will surely not want to miss.

Kicking off the General Session will be Rhode Island’s Governor, The Honorable Gina M. Raimondo. Governor Raimondo is the first woman to be elected to the office and has worked diligently on behalf of the people of Rhode Island to invest in the future through enhancing the state’s economy and infrastructure. Governor Raimondo’s remarks will set the stage for the conference’s focus on financing, funding and sustainable water rates.

Following Governor Raimondo, Gordon Feller, Director at Cisco Systems and Co-Founder of Meeting of the Minds, will provide the conference keynote. Feller advises leaders in all sectors on how advanced technologies can help to solve complex problems — with a special focus on developing practical and forward-looking solutions where economics, technology, and sustainability intersect. His work has been published in many newspapers, scholarly journals, and magazines, including CFO Magazine, Urban Land Magazine, TIME Magazine, and the Financial Times. Feller will be speaking on his vision of how technology and other innovations are transforming the way we manage water and the broader evolution toward the city of the future.

Registration and a preliminary agenda  are available, so make your plans to join us in Providence! The Omni Providence is offering a room rate of $179 per night (single/double), plus applicable taxes. Reservations must be made by Wednesday, June 24, to receive the special rate. To ensure a hotel room, contact The Omni Providence at 800.THE.OMNI. Be sure to identify yourself as a NACWA attendee.

• Register for NACWA’s 2015 Utility Leadership Conference & 45th Anniversary Annual Meeting, Financing, Funding & Rates for the Future, July 12 – 15, 2015 at the Omni Providence Hotel, Providence, RI
• Register for Hot Topics in Clean Water Law Web Seminar , June 17, 2:00 – 3:15 pm Eastern.
• Register  for EPA's webinar Sustainable Utility Management Practices - The Path Forward , June 25 at 1:00 pm Eastern
• Register for U.S. Water Alliance’s One Water Leadership Summit, August 26 – 28.
• Register today for the NACWA-sponsored American Water Summit: Scalable Solutions, October 20 – 21 at a special NACWA Public Member Agency rate .
• Comments on the FTC proposed consent agreement on wipes to Cynthia Finley  by June 12.
• Register for the International Water & Climate Forum , December 7-9 in San Diego, CA.
  
  

The Cost of Clean Water

How much should clean water cost? Should I have to pay more for my water and sewer bill than I do for cable TV? What is the true value of having clean and safe rivers, lakes and estuaries? These are important questions that garner significant and ongoing discussion, but one thing is clear: the cost of clean water continues to rise. In fact, for more than a decade now, the cost of providing clean water or sewer services to the Nation has been increasing. Read on to find out more, or better yet, subscribe to The Water Voice and never miss a post.