» Clean Water Current Archive

April 3, 2009

NACWA Gathers Stimulus Information from Members, Takes Issues to EPA

NACWA hosted two informative conference calls April 1 to discuss the experiences member agencies have had implementing the American Recovery and Reinvestment Act (ARRA or stimulus package). NACWA learned that some larger metropolitan utilities were having difficulty accessing the additional subsidization/grant component of the stimulus funds and had significant concerns about the ARRA’s “Buy American” provisions. Others shared positive experiences where several states, including Arizona and Hawaii, are planning to provide the additional subsidization portion of the stimulus money in the form of 100 percent principal subsidies (the equivalent of direct grants). The two key concerns from these calls, however, were: 1) many states appear to be taking the approach that the stimulus funds are no different from traditional SRF funds — Congressional intent notwithstanding — and are bypassing the nation’s urban areas in favor of smaller, rural communities; and 2) absent a more flexible interpretation of the Buy American provisions in the ARRA by the Office of Management & Budget (OMB) and in EPA’s reading of ultimate waiver authority, many NACWA public agency members receiving stimulus package funds may be forced to forego their projects.

NACWA Discusses Concerns at Municipal Meeting with EPA
On April 2, NACWA brought its member agency concerns to a meeting with EPA officials that included fellow municipal organizations, the U.S. Conference of Mayors, the National League of Cities (NLC), the National Association of Counties (NACO), and other water and wastewater organizations. The focus of the meeting was on the stimulus package, especially the Buy American provisions. EPA stated it was waiting for guidance from OMB and then would put together its own process for reviewing Buy American waiver requests from recipients of stimulus package funds. EPA said those projects that were bid before passage of the ARRA and which had to be refinanced may be exempt through a waiver from the Buy American provisions. In addition to the waiver for the class of projects that were refinanced before enactment of ARRA, EPA indicated that it would likely develop a national waiver process for classifications of products known to be only manufactured in foreign countries and a second waiver process for project-specific requests. The assistant administrator for water will review the specific waiver requests about the unavailability of certain product lines, while specific project waiver requests will be reviewed at the regional administrator level. EPA did not provide significant information about how flexible an approach it planned to take regarding waiver application reviews. The Agency did add, however, that the municipal coalition organizations would likely be given an opportunity to review its draft guidelines regarding waiver applications and provide input and recommendations into these.

On other priority municipal issues, EPA officials stated that pursuing the peak flows policy (which was sent back to EPA from OMB when the administration changed) may not make sense if a larger effort to deal with wet weather issues for sanitary systems (e.g., regulations for sanitary sewer overflows) is pursued. They suggested EPA, the Natural Resources Defense Council (NRDC), and NACWA meet to discuss peak flow and SSO-related issues. EPA staff have also been directed to dust off the old SSO proposal from the Clinton Administration and explore possible options for addressing SSOs.

CEQ Chair Sutley, Other Key Leaders to Speak at 2009 National Clean Water Policy Forum

Nancy Sutley, chair of the White House Council on Environmental Quality who advises President Obama on environmental policy, has confirmed that she will speak at the 2009 National Clean Water Policy Forum May 5. Sponsored by NACWA and the Water Environment Federation (WEF), the Policy Forum will be held at the Renaissance Hotel in Washington, May 3-6 and will also feature other top-notch speakers including Joseph Romm, editor of climateprogress.org and senior fellow at the Center for American Progress, who was named by U.S. News and World Report as one of the eight “most influential energy and environment policymakers in the Obama era.” In addition, key legislative staff and EPA office directors will discuss the latest regulatory, legal, and legislative issues at the Policy Forum. Also invited are EPA Administrator Lisa Jackson and Rep. James Oberstar (D-Minn.), chair of the House Transportation and Infrastructure Committee, who has made clean water funding a priority. This year’s event will feature the third annual Clean Water Utility Executives Summit, which provides utility leaders the opportunity to discuss the most critical and timely challenges facing them, including unprecedented financial challenges in this era of economic uncertainty.

NACWA and WEF recognize that travel budgets are tight this year, but urge members and affiliates to make every effort to attend this important meeting. With the new stimulus money starting to flow to states and municipalities and questions arising about how it can be spent, the Policy Forum provides the perfect opportunity to meet face-to-face with key leaders who are overseeing the implementation of this crucial funding. In addition, Congress and the White House have made environmental issues, especially clean water and climate change, a priority, and member agencies and their affiliates should take advantage of this unique opportunity to voice their concerns on these important issues. Those planning to attend the Policy Forum should reserve their rooms at the Renaissance Washington Hotel by April 13 in order to get the special conference rate of $289 per night. Complete registration information and details about the Policy Forum are available on NACWA’s website.

Sen. Feingold Introduces Bill to Clarify Waters Covered Under Clean Water Act

Legislation that would amend the Clean Water Act to clarify its jurisdiction over U.S. waters was introduced yesterday by Sen. Russ Feingold (D-Wis.) with 23 co-sponsors. NACWA supported similar legislation considered in the 110th Congress after working with the House and Senate to ensure concerns of its member agencies were addressed. The Clean Water Restoration Act (S. 787), which is similar to legislation introduced in the 110th Congress, would replace the term “navigable waters” with the term “waters of the United States,” which is defined according to language in the regulations for both the U.S. Army Corps of Engineers and EPA. Specifically, waters of the United States would include those subject to the ebb and flow of the tide; territorial seas; and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds. The legislation is intended to restore protections for the nation’s rivers, streams, and wetlands, which were long protected under the Clean Water Act, but are now in jeopardy of losing protection as a result of two U.S. Supreme Court cases.

The House Transportation and Infrastructure (T&I) Committee also has been working on legislation clarifying the CWA’s jurisdiction, but has not yet introduced a bill. NACWA supported similar legislation introduced in the 110th Congress with the caveat that current regulatory exemptions that exist for man-made wastewater treatment ponds and constructed wetlands be included in legislative language. The Feingold bill does not explicitly include these exemptions in statutory language but contains language in the findings of the bill indicating that the legislative intent is that these exemptions continue. NACWA will work to ensure these exemptions are included in the statutory language and will continue to track this important legislation as it moves forward.

Deadline to Apply for NACWA’s Peak Performance Awards is Fast Approaching

Applications for the 2008 Peak Performance Awards Program are due next Friday, April 10. This award program acknowledges member agency facilities for excellence in wastewater treatment as measured by compliance with their National Pollutant Discharge Elimination System (NPDES) permits. Member agencies are encouraged to submit their applications as soon as possible. More information on the 2008 Peak Performance Awards is available on the Awards section of NACWA’s website. Please contact Mark Hoeke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202/361-7446, with any technical questions you may have regarding the application form. General questions regarding the awards program should be directed to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Continues Outreach Efforts to Build Support for Infrastructure Funding

NACWA participated with key staff of Building America’s Future this week on a tour of the Blue Plains Wastewater Treatment Facility operated by the D.C. Water and Sewer Authority (DC WASA), a NACWA member agency. The tour provided an opportunity for NACWA and DC WASA to demonstrate how clean water agencies operate, the scope and importance of their work, and why more funding for clean water infrastructure is so important. Building America’s Future is the organization founded by Govs. Ed Rendell (D-Penn.) and Arnold Schwartzenegger (R-Calif.) and New York City Mayor Michael Bloomberg to push for more investment in all critical infrastructure across the country. Too often, when infrastructure is mentioned, roads and bridges come to mind. NACWA continues to hammer home the message that the infrastructure underground, which provides water and removes our wastewater, is just as important and is in desperate need of a long-term, sustainable source of federal funding.