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Clean Water Current - November 20, 2009

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November 20, 2009

 

NACWA, WIN Press for Funding to Address Clean Water Needs, Help Economy

With job creation on the front burner in Congress, representatives from NACWA and the Water Infrastructure Network (WIN) met with staff from Sen. Richard Durbin’s office (D-Ill) this week to push for additional funding for clean water priorities.  As part of this effort, NACWA and WIN pressed the case for an additional $20 billion for the Clean Water and Drinking Water State Revolving Funds (SRFs) as part of any job creation effort that Congress may consider in the coming weeks.  NACWA and WIN discussed the $500 billion estimated shortfall in wastewater infrastructure funding over the next 20 years and also referenced studies showcasing that 20,003 to 26,669 jobs are created for every $1 billion spent on water infrastructure projects.

Following the meeting, NACWA and WIN sent a white paper icon-doc to Sen. Durbin’s office for his consideration and use in discussions with Senate Majority Leader Harry Reid (D-Nev.) as leadership works to put together a jobs creation package.  The white paper advocated for $20 billion to be allocated to the SRFs with some minor modifications to ensure that the funding results in timely job creation.  In particular, the new package should ensure that all SRF funding be made available in the form of low interest, or negative interest loans or principal forgiveness; allow states to use up to 3 percent of the funds to hire staff and or outside consultants to assist in the processing of SRF applications; require states to distribute all funds for water infrastructure within 90 days; and require that funds not under contract within 90 days be remitted to the federal government for deficit reduction purposes.  NACWA will continue to advocate on behalf of increased SRF funding in any new jobs bill being considered by Congress and will keep its members informed of any new developments.  Please do not hesitate to contact NACWA’s This e-mail address is being protected from spambots. You need JavaScript enabled to view it at (202) 833-4655 with any questions.

 

Court Approves Settlement in Florida Nutrient Case, NACWA to Prepare Comments

NACWA will file a robust set of technical and scientific comments on draft numeric nutrient water quality criteria being developed by EPA for Florida waters as part of a settlement approved Nov. 16 by a federal court.  The new criteria are being developed in response to a lawsuit filed by environmental groups in Florida alleging that EPA failed to sufficiently protect waters in Florida from nutrient impairment.  EPA is expected to release the draft criteria for a 60-day public comment period in mid-January.  Recent indications suggest EPA will use a methodology for deriving the criteria that NACWA has criticized in the past, and if so, the Association will reiterate the problems with this approach.  Additionally, NACWA will participate in any necessary legal action challenging the criteria once they are finalized by EPA, which is not expected until late 2010.  NACWA made its decision to submit the comments and consider possible legal action after consultation with its public agency members following this week’s court ruling.  NACWA has been actively tracking the groups’ lawsuit on nutrients in conjunction with its Florida members and the Florida Water Environment Association because of the potential national implications of EPA’s actions.  NACWA will continue to keep the membership updated on developments regarding this important issue.

 

NACWA Weighs In With EPA Air Office on Data Request for Incineration

NACWA raised serious concerns this week over an information collection request (ICR) issued by EPA’s Office of Air Quality Programs and Standards (OAQPS) to nine clean water agencies across the country seeking data on emissions from sewage sludge incinerators (SSIs).  In a letter icon-pdf to the director of OAQPS, NACWA expressed concern over the cost to conduct the comprehensive emissions testing and the short timeframe in which EPA has given the utilities to complete the testing.  The data is being collected to assist EPA in its development of maximum achievable control technology (MACT) standards for SSIs under Section 129 of the Clean Air Act (CAA).  With costs exceeding $50,000 per incinerator for the testing, some of the selected utilities will have costs approaching $300,000.  NACWA’s letter noted these costs were not budgeted for and, in many cases, the expenditure of this money would require approvals and bidding processes that could make it impossible to meet the Agency’s Feb. 17, 2010, deadline.

Also of major concern is the limited amount of data EPA is collecting.  By limiting its search to nine utilities, EPA is able to avoid the time-consuming process of seeking approval from the White House’s Office of Management and Budget (OMB), but the Agency will only have data on 20 incinerators to use when developing standards for the over 230 SSIs in operation.  NACWA believes that collecting data from only 20 incinerators will not produce results that are scientifically valid and equitable.  NACWA will be participating in a Dec. 1 conference call with EPA and the nine agencies to discuss possible time extensions and NACWA’s other concerns regarding the quantity of data being collected.

NACWA also met this week with Office of Water officials in its continuing effort to persuade the Agency not to regulate SSIs under Section 129 of the CAA.  EPA continues work to develop a definition of non-hazardous solid waste to help it determine which combustion units should be regulated under Section 129 versus Section 112 of the CAA.  NACWA has argued that sewage sludge is not a solid waste and SSIs should be regulated under Section 112, not Section 129.

 

NACWA Stormwater Committee Discusses EPA’s ICR, Seeks Comments

The NACWA Stormwater Management Committee held its inaugural meeting Nov. 18 through a conference call to discuss a draft Information Collection Request (ICR) issued by EPA to gather information for development of a national stormwater rule.  The proposed ICR, which was released by EPA in late October, includes a draft questionnaire icon-pdf for municipal separate stormwater sewer systems (MS4s) seeking information on the scope of their current efforts to manage stormwater flows.  EPA is not asking utilities at this time to complete the questionnaire but instead is seeking comment on the sufficiency of the questionnaire, as well as any concerns utilities may have about completing it.  A more detailed discussion of the ICR and EPA’s plans to develop a stormwater rule can be found in the November edition of NACWA’s Wet Weather Advocacy Outlook.  More information on EPA’s stormwater rulemaking effort can also be found on the Agency’s website.  NACWA is requesting comments on the ICR and draft questionnaire from its members with stormwater responsibilities to help the Association in crafting a comment letter to submit to EPA.  All member comments should be submitted to This e-mail address is being protected from spambots. You need JavaScript enabled to view it by Dec. 11.

 

NACWA Hosts Meeting to Discuss Green Infrastructure, Legislation Moving Forward

NACWA hosted a meeting Nov. 16 with stakeholder organizations and EPA staff to discuss and coordinate efforts to promote the use of green infrastructure.  The group, which meets quarterly, provided EPA with input on the priorities the Agency should pursue in the coming year with regard to green infrastructure, including efforts to incorporate more low-impact development in clean water permitting and enforcement.  Participants also discussed the need to provide additional regulatory and funding support to communities interested in pursuing green infrastructure as part of efforts to control stormwater and wet weather flows.  Attending the meeting were representatives from the Natural Resources Defense Council (NRDC), American Rivers, the Low Impact Development Center, and staff from EPA Headquarters.  Representatives from six of the EPA Regions also participated via telephone.  The group plans to meet again in February.

 

Green Infrastructure Legislation Advances
In a related development, efforts are advancing to introduce green infrastructure legislation in the House of Representatives.  The House Office of Legislative Counsel recently approved a draft bill created by NACWA and other stakeholders that would establish a formal green infrastructure program at EPA, create a grant program to help local communities plan and implement green infrastructure projects, and launch a series of federal research and resource centers around the country dedicated to expanding the use of green infrastructure.  Efforts are currently underway to secure cosponsors for the bill and NACWA anticipates the bill will be introduced within the next few weeks.

 

NACWA’s Flow Web Seminar Series - New Insights on Critical Wet Weather Issues

Registration is now underway for NACWA’s new Flow Web Seminar Series – four innovative web seminars addressing some of the hottest topics in wet weather and stormwater management.  Designed as a central element in NACWA’s Wet Weather Advocacy Project (WWAP), the Flow Series features experts discussing a variety of topics, listed below, of interest to public utilities charged with the management of wet weather flows.

  • Stormwater Management: What Really Works? — Jan. 13, 2010 
  • Climate Change: It’s All About Water! — March 10, 2010  
  • Water Quality: The True Impact of Stormwater Runoff! — June 9, 2010  
  • Green Infrastructure:  What’s Legal? – Sept. 8, 2010

All web seminars will be held from 2-3 p.m. EST.  Visit NACWA’s website for details.  Register for all four seminars now for only $800 per location (a savings of $200 over individual seminar registration) and engage key members of your staff in these unique and important offerings. Be sure to join us for these valuable web seminars – register today!

 

For NACWA . . . 40 is a Watershed Moment

NACWA will celebrate 40 years of clear commitment to clean water in 2010.  For the Association, this significant milestone is truly a watershed moment.  Recent times have found the clean water community in the most dynamic environment it has seen in years.  With it has come many challenges, but also great opportunity.  On the horizon is 21st century watershed legislation, the promise of a clean water trust fund and other initiatives that have the potential to significantly improve not only our nation’s water quality, but also the ability of NACWA member agencies to not simply meet, but exceed, the expectations of their communities.

NACWA plans a year of introspection, innovation, and recognition as it acknowledges its past, present and future.  Initiatives and events include an update of the Association’s Strategic Plan, new video outreach to current and potential members, 40th anniversary-focused keynote addresses and conference events, and the inaugural presentation of NACWA’s Lifetime Achievement Awards at the Association’s 40th Anniversary Annual Meeting in July in San Francisco.  The Association looks forward to actively involving and engaging its membership throughout its 40th Anniversary year.

 

Application Deadline for National Environmental Achievement Awards Nears

NACWA is currently accepting nominations for the 2010 National Environmental Achievement Award (NEAA) program, recognizing individuals and member agencies for their actions and initiatives in the interest of the environment.  The application deadline for the 2010 awards is fast approaching, and submissions are due by Friday, Dec. 4.  The NEAA program honors individuals and member agencies that have made extraordinary contributions through outstanding advocacy or innovative projects that have had a positive impact on the environment, their utility, their community, NACWA, and/or the clean water industry.  To apply or view the application guidelines and criteria visit www.nacwa.org/neaa.  Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at 202/833-1449, with any questions concerning the 2010 NEAA program.

 

NACWA Mourns Loss of Vernon Lucy, Long-Time Clean Water Champion

NACWA mourns the loss of friend, colleague, and clean water partner, Vernon D. Lucy, who passed away yesterday.  A true champion of clean water, Vernon was president of Degremont Technologies Infilco in Richmond, Va., a NACWA affiliate, and was active in the industry for over thirty years.  During that time he served on the Board of Directors for the American Water Works Association (AWWA), Water Environment Research Foundation (WERF), Water and Wastewater Equipment Manufacturers Association (WWEMA), Water for People (WFP), and the Clean Water America Alliance (CWAA).  The recipient of numerous awards, Vernon’s longstanding commitment to clean water and technological solutions to water industry issues were unprecedented.  Our condolences go out to Vernon’s family and loved ones, especially his wife Dale, two children and five grandchildren.

 

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