» Clean Water Current Archive

June 12, 2009

NACWA, Coalition Moves to Intervene in Key Daily Loads Case

NACWA joined a coalition of municipal organizations in filing a motion  June 8 with the U.S. District Court for the District of Columbia to intervene in Anacostia Riverkeeper v. EPA, a challenge to total maximum daily loads (TMDLs) for sediments and suspended solids for the Anacostia River. The motion argues that the municipal coalition should be allowed to intervene so that it can protect the interests of clean water agencies and stormwater agencies that could be broadly affected by the court’s ruling in the case. The coalition said that restrictive daily loads are not necessary to control pollutants such as sediments and suspended solids, which only need to be regulated on a seasonal or annual basis. This is contrary to the position taken by the plaintiffs in the case, who argue that restrictive daily loads are necessary even for pollutants that are better suited for seasonal or annual loadings.

This case is important because it is the first challenge to TMDL development since the 2006 court ruling in Friends of the Earth v. EPA that found all TMDLs for the District of Columbia must be expressed in daily terms. The NACWA Board approved participation in the current litigation in May 2009 because of the national implications the case could have for municipal dischargers. NACWA’s participation in the case also supports the District of Columbia Water and Sewer Authority (DC WASA), a member agency that has already intervened in the matter. Other members of the municipal coalition include the Wet Weather Partnership, the Maryland Association of Municipal Wastewater Agencies, the Virginia Association of Municipal Wastewater Agencies, the Virginia Municipal Stormwater Association, the Storm Water Association of Maryland, and the West Virginia Municipal Water Quality Association. Additional information on the case can be found on NACWA’s Litigation Tracking page. NACWA will continue to keep the membership updated on developments.

Pete Silva Nomination to Head EPA Water Office Approved by Senate EPW

The Senate Environment and Public Works (EPW) Committee voted June 10 to approve the nomination of Peter Silva to be the EPA assistant administrator for Water. His nomination now must approved by the full Senate, but a vote has not yet been scheduled. Silva has worked in the water and wastewater fields for more than 30 years, most recently as senior policy advisor for the Metropolitan Water District in Southern California. NACWA has requested a meeting with Silva once he is confirmed to discuss issues of importance to the clean water community, including peak wet weather flows and a comprehensive approach for dealing with wet weather, infrastructure funding, climate change, and other topics. NACWA will continue to monitor this and other relevant nominations in the coming weeks and report developments as they happen.

NACWA Comments on EPA’s Proposed Greenhouse Gas Reporting Rule

NACWA submitted comments  this week on EPA’s proposed rule  to establish a new national reporting regime for greenhouse gas (GHG) emissions. While the proposed reporting rule excludes emissions from the wastewater treatment process, clean water agencies operate various types of units that could be covered under the proposed rule’s stationary combustion category, including electricity generating units, boilers, and sewage sludge incinerators. Depending on their rated heat capacity, publicly owned treatment works (POTWs) may need to estimate whether their burning of fossil fuels in these units will trip the reporting threshold. The process of calculating a facility’s emissions is not trivial, and many member agencies have multiple plants that would require separate calculation. Because the proposal does not adequately address this type of situation, NACWA recommended that EPA provide clearer instructions “indicating when a facility is required to calculate its emissions for comparison against the threshold” to minimize the burden on the POTW community. NACWA suggested other clarifications on the type of units that must be included in this category and the calculations that must be made to estimate emissions.

NACWA also recommended that EPA re-evaluate its proposed schedule for implementing the proposed reporting rule. Data collection is scheduled to begin Jan. 1, 2010, with the first report due March 31, 2011, which leaves little time for EPA to establish efficient and sound operating systems for the reporting. “If these reports are to be used as the basis for a future cap-and-trade program, the initial set up of the reporting system must be done carefully,” NACWA said in its comments. In addition, covered entities would have little time to analyze the final rule before beginning to collect data. The proposed rule also contemplates a ‘once in, always in’ approach to reporting, but NACWA recommended instead “that the proposal include an opt-out provision for facilities that reduce their GHG emissions below the threshold in the future… These facilities should be able to demonstrate that they are below the threshold and opt out of future reporting unless, for some unanticipated reason, they increase emissions and trip the threshold.” EPA said it expects to issue a final reporting rule by the end of the calendar year. NACWA will work with agency officials in the coming months to discuss concerns raised in its comments.

House Watershed Bill Delayed, NACWA Continues Work on 21st Century Watershed Act

The House Transportation and Infrastructure (T&I) Committee has delayed consideration of a bill that would address the effects of climate change on the nation’s watersheds. The committee had scheduled a June 4 markup of the draft Sustainable Watershed Planning Act, which would establish a Watershed Council in the Office of the President and regional watershed boards to make recommendations on sustainable water resource use and management in the face of climate change, but reconsidered after receiving comments from various groups, including NACWA. The Association supported the overarching framework of the legislation in its comments to T&I and stressed that any move toward a watershed approach is important. However, NACWA felt that the framework in the draft would create an unnecessarily large federal bureaucracy and would not allow for enough decision-making at the state and local levels. NACWA also said the draft bill did not do enough to change the structure of clean water regulation, which currently relies too heavily on point source controls and chemical water quality standards, and not enough on strategies to address all sources of pollution with a focus on overall watershed health. NACWA is working with the committee to provide additional input on this effort as it advances and will share more details with the membership about the legislation as they become available.

Meanwhile, NACWA continues to make improvements to its version of a watershed bill, the draft 21st Century Watershed Act, which would alter portions of the Clean Water Act (CWA) to fundamentally change the nation’s approach to clean water regulation. NACWA believes a reworking of portions of the law is needed to fully move to the next level of water quality protection with a focus on watershed-based protections. The Association continues to gather input on its draft from key stakeholders with the goal of getting it introduced later this year. Environmental groups were briefed on the Watershed Act in April, and a follow-up meeting with them is being held next week to further discuss their ideas and concerns. NACWA is also meeting next week with staff from the T&I’s Water Resources and Environment Subcommittee to brief them on the Watershed Act, and the Association is beginning to plan a broader outreach to more stakeholders.

Work on Key Water Bills of Importance to NACWA Members Delayed in Senate

The Senate Environment and Public Works (EPW) Committee has delayed action on several bills of interest to NACWA members. EPW had been slated to mark up its Sewer Overflow Community Right to Know Act (S.937), the Clean Coastal Environment and Public Health Act of 2009 (S.878)  and the Clean Water Restoration Act (S.787) this week, but postponed the hearing until the committee could complete work on S. 787.

The Clean Water Restoration Act, introduced by Sen. Russ Feingold (D-Wis.) earlier this year, seeks to clarify the reach of the Clean Water Act after two Supreme Court cases caused confusion about whether isolated wetlands, intermittent streams, and other types of waterbodies are covered by the law. Sen. Max Baucus (D-Mont.) floated a compromise amendment for the bill that would codify EPA’s regulatory definition of jurisdictional waters, making most waters subject to federal oversight, not just “navigable waters.” The Baucus amendment includes the current regulatory exemptions for prior converted cropland and, most importantly, the manmade waste treatment systems exemption. The inclusion of this exemption is a condition of NACWA’s support for the bill, as it codifies EPA regulatory language. EPW staff still hope to mark up S. 787, along with the Sewer Overflow Community Right to Know Act and the Clean Coastal Environment and Public Health Act by the end of June. NACWA will continue to update members on the status of these key bills and work to ensure the clean water community’s concerns are reflected as they move through the Senate.

NACWA Urges Members to Provide Updates on Stimulus Package Experiences

NACWA continues to voice the concerns raised by member wastewater treatment agencies regarding the implementation of the American Recovery and Reinvestment Act’s (ARRA or stimulus package) $4 billion wastewater infrastructure funding program. In particular, NACWA remains involved in discussions with EPA and key stakeholders regarding the impacts that the “Buy American” provisions could have on public agency efforts to get projects moving quickly. In line with these efforts, members are urged to copy NACWA on any comments they provide to the White House Office of Management & Budget (OMB) on its Updated Implementation Guidance for the American Recovery and Reinvestment Act of 2009. Comments are due to OMB by June 22. Please send a copy of your comments to This e-mail address is being protected from spambots. You need JavaScript enabled to view it by June 18 so that they can be incorporated with NACWA’s.

On a related note, NACWA has been receiving requests from EPA for anecdotal information regarding difficulties and successes clean water agencies are experiencing in obtaining stimulus package funds to implement green infrastructure as well as environmentally innovative projects. In line with these requests, NACWA urges its members to continue to provide regular updates on their experiences, both good and bad, in obtaining ARRA funds and/or implementing ARRA projects via the NACWA website’s “Share Your Stimulus Story” online survey. Providing NACWA with these updates is critical to our advocacy efforts on your behalf. NACWA will also continue to provide members with updates on EPA’s “Buy American” waiver process and OMB guidance efforts, while also providing venues, such as conference and web seminars, to share member experiences on this important initiative.

NACWA Seeks Member Input on Water Efficiency Tax Credit Legislation

A growing coalition of groups with an interest in water efficiency is working to support the bipartisan Water Accountability Tax Efficiency Reinvestment Act of 2009 (H.R. 1908 or the W.A.T.E.R. Act). The bill is patterned after the residential energy tax credit that was passed last year and has proven successful. It would provide tax credits to residential and some commercial property owners who install water conservation products. In its current form, the bill allows for a 30-percent tax credit up to $1,500 for the purchase of water efficient products that carry EPA’s WaterSense label. NACWA’s Board voted several years ago to support the WaterSense program, and this legislation aims to help the voluntary program achieve its mission. More than 700 varieties of water-efficient faucets and accessories and more than 250 models of high-efficiency toilets carry the WaterSense label. NACWA has been asked to lend advocacy support to this coalition. Given NACWA’s commitment to a watershed approach, which includes the need to address the water availability/water quality nexus, we would be interested in your agency’s perspective on this legislative effort. Please This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call Adam Krantz at (202) 833-3280 with information on how such legislation would impact your agency.

House Appropriations Subcommittee Approves $2.4 Billion for CWSRF

Funding for the Clean Water State Revolving Fund (CWSRF) would triple in fiscal year (FY) 2010 from the previous year under an EPA budget bill approved June 10 by the House Appropriations Subcommittee on the Interior, Environment and Related Agencies. The bill, with $2.3 billion for the CWSRF, up from $689 million in FY 2009, now goes to the full committee for consideration. Rep. Norman Dicks (D-Wash.) justified the funding increase, saying that "Every American deserves safe water to drink, and it is vital that we clean up our waterways. It is time we get serious about this problem."
Although the appropriation was slightly less than the $2.4 billion requested by the Obama administration, the subcommittee did increase FY 2010 funding for Great Water Bodies Management to $667 million, up from $154 million in FY 2009 and more than the $572 administration request. Overall, the subcommittee approved $10.57 billion for EPA in FY 2010, up from $7.64 billion last year. NACWA sent letters  to the chairs of the House and Senate Appropriations committees and subcommittees urging them to include the administration’s funding levels in the bill and encourages member agencies to contact their congressional representatives and urge support for increased SRF funding.

Share Your Green Infrastructure Experiences at NACWA’s Summer Conference

Utilities will have a unique opportunity to participate in a roundtable discussion on green infrastructure at NACWA’s Summer Conference and 39th Annual Meeting, 2009 The New Regulatory Climate. . . Clean Water Agencies Prepare to Act July 14-17. The roundtable breakfast will be held Friday, July 17, at 7:30 a.m., and all utility participants are invited to come and share their green infrastructure successes and challenges. While interest in green infrastructure continues to increase in all sectors – clean water agencies, environmental groups, the public, and regulators – utilities still face regulatory and financial impediments to implementing green infrastructure solutions. The roundtable discussion will help inform NACWA’s advocacy in the green infrastructure area, so please attend and share your experiences and opinions! The June 23 deadline for the group rate at the Milwaukee InterContinental is quickly approaching – make your travel plans today!

EPA to Host Free Webinar on Developing Sustainability Policy for SRF Projects

EPA will host a free web seminar  June 30 from 12-2 p.m. EDT to provide information on its efforts to develop a sustainability policy for infrastructure projects funded through the Clean Water State Revolving Fund (CWSRF). The effort comes as part of the Obama administration’s fiscal year (FY) 2010 budget request for EPA, which included $2.4 billion for the CWSRF. The agency is interested in working with its state and local partners, including NACWA member agencies, to develop a sustainability policy, including how infrastructure projects can be managed and priced to encourage conservation and to ensure adequate funding is available for future infrastructure needs. During the webinar, EPA will detail its process for developing the policy, outline some preliminary ideas, and gather input from participants on potential policy elements and options. Participants will be able to submit questions and comments during the webinar. The discussion leaders will be Jim Hanlon and Jim Horne, both from the EPA Office of Wastewater Management. NACWA members are encouraged to participate and should register by June 22.