» Clean Water Current Archive

December 4, 2009

NACWA Continues Dialogue With EPA on Nutrients

Following up on earlier discussions, members of NACWA’s Water Quality Committee met this week with Ephraim King, director of the Office of Science and Technology (OST) in  EPA’s Office of Water, to learn more about the Agency’s plans to revise its water quality standards regulations and several other ongoing activities related to nutrients.  EPA is considering revisions to its water quality standards regulations to provide a mechanism for longer-term implementation of the controls necessary to meet a water quality goal.  The “restoration standard” would allow a 15- to 20-year implementation horizon during which meeting key milestones and achieving interim goals would be considered compliance with the water quality standard.  While this restoration standard could provide more flexibility under the Clean Water Act for addressing nutrient pollution, it may take some time before it is available to states.  Current challenges, however, including the EPA Science Advisory Board (SAB) review of OST’s guidance on using statistical approaches for deriving numeric nutrient criteria and EPA’s efforts to develop federal nutrient criteria in Florida (see below), are the Agency’s top priorities at the moment.

EPA Review of Draft SAB Report’s Recommendations on Nutrient Criteria
EPA continues to believe that using statistical approaches to derive water quality criteria, as outlined in OST’s draft guidance, Empirical Approaches for Nutrient Criteria Derivation , currently being reviewed by the EPA Science Advisory Board (SAB), have merit.  King said OST would work, based on initial recommendations from the SAB, to improve its communications on how these approaches can be used with other tools for deriving criteria.  NACWA has raised a number of concerns  in comments regarding the use of these statistical methods and pointed out that the SAB review of the draft report highlighted some of the same concerns.  Namely, a statistical correlation does not indicate a causal link between nutrient levels and ecological impacts.  King said that the scope of the SAB’s review was narrow, focused on the statistical approaches themselves, and that policy issues beyond the methods discussed by the SAB may not apply to OST’s efforts to finalize the guidance.  The degree to which OST relies on the SAB report to revise its guidance will be critical, and NACWA will meet again with EPA as it works to address the science board’s recommendations.  NACWA participated in a teleconference on Dec. 3, during which the SAB panel discussed its draft report.  A final report is expected in February 2010.

EPA Continues Work on Florida Numeric Criteria
EPA, including its Region IV office and OST, are working to meet a mid-January 2010 deadline for developing draft numeric water quality criteria for rivers, lakes and streams in Florida in response to a lawsuit by environmental activists alleging EPA’s failure to protect the state’s waters from nutrient impairment.  The lawsuit further alleges that EPA made a nationwide determination in 1998 that all states needed numeric nutrient criteria but failed to execute its nondiscretionary duty to issue federal criteria where state criteria are inadequate.  EPA has argued that Florida is unique and issued a determination in January that numeric criteria were needed for that state.  However, the agency has continued to assert that the 1998 documents cited in the lawsuit did not constitute a nationwide determination, hoping to avoid lawsuits in other states.  Unfortunately, just days ago, environmental groups filed a notice of intent to sue EPA for failure to develop numeric nutrient criteria in Wisconsin, using the same arguments as the Florida case.  NACWA intends to review and comment on the Florida criteria when they are published next month.  The Association will also closely monitor developments in Wisconsin and review any lawsuit that may be filed. 

Call to Action Report Does Not Represent Official EPA Position on Technology-Based Approach
This week’s meeting also focused on a recent report, An Urgent Call to Action: Report of the State-EPA Nutrient Innovations Task Group , co-signed by King, Jim Hanlon, director of EPA’s Office of Wastewater Management, and key leaders from the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA), on the need for new and innovative actions to control nutrient pollution.  Central to the report is a list of recommended tools for making continued progress on nutrient pollution.  One of the top five recommendations was to modify the definition of secondary treatment to include removal requirements for nitrogen and phosphorus at the nation’s clean water agencies.  This position is the central argument in the Natural Resources Defense Council (NRDC) petition from 2007 and has been raised as a possible option by ASIWPCA in the past.  During the meeting, NACWA expressed concern that the Call to Action might be an articulation of EPA’s official position on modifying the definition of secondary treatment, but King stressed that the report did not represent the Agency’s position and was instead a report from an independent working group.  However, the existence of the report will no doubt continue to raise the possibility of a one-size-fits-all approach to nutrient control from clean water agencies.  NACWA will continue to meet with OST on these issues and will work over the next two months to track EPA’s reaction to the final SAB report. In addition, the association will develop comments on EPA’s proposed numeric nutrient criteria for Florida.

NACWA, WIN Continue to Press for Funding for Clean Water in Job Creation Bill

NACWA and the Water Infrastructure Network (WIN) continue to press their case on Capitol Hill and at the White House that additional funding for clean water infrastructure should be included in any legislative effort designed to create more jobs.  With national unemployment levels hovering around 10 percent, lawmakers are working to develop legislation designed to create jobs and put Americans back to work.  NACWA and WIN members were among the first to advocate for clean water infrastructure funding in jobs bill when they met in November with Senate Majority Whip Richard Durbin (D-Ill.).  A broadly disseminated WIN white paper  shows that a $20 billion investment in the Clean Water and Drinking Water State Revolving Funds, as part of any job creation effort, has the potential to create approximately 400,000 jobs in 2010.

Since this meeting, NACWA has briefed other senior leaders in Congress on the WIN/NACWA jobs creation proposal in an effort to build momentum for the proposal.  Over the past two weeks NACWA has met with Rep. George Miller (D-Calif.), chief architect of the jobs creation proposal in the House and Chairman of the Democratic Policy Committee, and has shared the proposal with senior staff on the House and Senate Appropriations Committee, the House Transportation and Infrastructure (T&I) Committee, the Senate Environment and Public Works (EPW) Committee, and at the White House.  NACWA will continue to meet with congressional staff about including clean water funding in any upcoming jobs bill and will keep members apprised of further developments.

Congresswoman Edwards Introduces Green Infrastructure Legislation

Legislation, strongly supported by NACWA and other groups, that would promote the use of green infrastructure technologies as a way to address water quality challenges was introduced yesterday by Reps. Donna Edwards (D-Md.), Russ Carnahan (D-Mo.) and Steven Driehaus (D-Ohio).  The Green Infrastructure for Clean Water Act of 2009 (H.R. 4202) would create a competitive grant program to provide resources to communities to plan and implement green infrastructure projects that increase quality of life and environmental sustainability.  Five Centers of Excellence on Green Infrastructure would be established to research best management practices and provide technical assistance to communities that are interested in adopting green infrastructure practices.  The bill also would direct EPA to look at ways green infrastructure can be integrated in how it administers water programs.

The introduction of the bill represents the culmination of months of hard work by NACWA and many other stakeholders including the Natural Resources Defense Council (NRDC), American Rivers, the American Public Works Association (APWA), the Water Environment Foundation (WEF), the Center for Neighborhood Technology (CNT), Clean Water Action and the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA).  NACWA and NRDC sent out a joint press release announcing their support and that of the other organizations and will work to help build more support for the bill as it progresses in the coming weeks and months.

Water & Wastewater Leadership Center Applications Due Dec. 11

Space is still available for the 2010 Water & Wastewater Leadership Center executive education program, March 7 – 19, 2010, at the Kenan-Flagler Business School on the campus of the University of North Carolina at Chapel Hill.  The deadline for applications is Friday, Dec. 11, so interested individuals are strongly encouraged to apply now, as space in the program is limited.  The Leadership Center is specifically designed to prepare current and up-and-coming water and wastewater utility leaders to effectively and efficiently manage their utilities while meeting the current needs of their customers with the highest level of service and quality.  No other program cultivates leadership and management skills like this intensive 12-day executive management learning experience.  Students are challenged to broaden their perspective on evolving issues facing utilities and the changing business environment, while key course elements provide instruction on how to think strategically and lead confidently.  This targeted curriculum is enhanced by the state-of-the-art facilities and engaging and dynamic instructors offering an excellent forum for learning.  To request a Leadership Center application or additional information, visit the NACWA’s website or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it at 202/833-1449.

NACWA Seeks Information From Satellite Collection Agencies to Address Wet Weather

In July 2009, NACWA identified public satellite collection systems and stormwater management agencies as entities eligible for Association membership.  Broadening the membership in this way puts NACWA in a better position to move in a direction consistent with its strategic objectives, placing holistic approaches to water quality improvements at the top of our priorities.  To facilitate the outreach to the satellite collection system community, NACWA is asking its member agencies to provide the names and contact information of the systems for which they provide wastewater treatment services.  Please respond to the Dec. 2 Special Edition Current by Friday, Jan. 8, 2010.  You can send the information in a word or spreadsheet file to Kelly Brocato, director of membership development.  Thank you in advance for your assistance.

NACWA’s Flow Web Seminar Series to Address Important Wet Weather Topics

Registration is now available for the 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, 2-3 p.m. EST
• Climate Change: It’s All About Water! — March 10, 2010, 2-3 p.m. EST
• Water Quality: The True Impact of Stormwater Runoff! — June 9, 2010, 2-3 p.m. EST
• Green Infrastructure:  What’s Legal? – Sept. 8, 2010, 2-3 p.m. EST

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.

NACWA’s Winter Conference in Austin to Focus on Expanding Roles of Utilities

Join us for NACWA’s 2010 Winter Conference: Transcending Tradition… The Expanding Roles & Relationships of the Clean Water Utility, Feb. 2-5, 2010, in Austin, Texas.  The conference will examine the expanding roles of clean water agency leaders while putting those duties into the context of challenges utilities face with an aging workforce, tough economic times, and growing capital program challenges.

Speakers will examine some of the drivers for change and how utility managers, already handling a full array of issues, have and will continue to adapt.  Among the topics are how the Ten Attributes of Effective Utility Management can be infused into the clean water management culture; how to generate revenue from reusing wastes and creating new resources; how climate change and stormwater issues will affect the clean water community; and how the water sector is evaluating new models for utility management.  Join us for a stimulating program that will provide updates, information, and strategies that you can implement at your own utility.  Make your plans today by registering and check NACWA’s website for the most up-to-date information on the Winter Conference.