» Clean Water Current Archive

Febrary 26, 2010

NACWA Files Comments on EPA’s Draft Stormwater Rule

NACWA submitted written comments  February 26 with the U.S. Environmental Protection Agency (EPA) providing the Association’s perspective on the Agency’s planned stormwater rulemaking process.  The comments, filed in response to a December 28 Federal Register notice , express support for innovative ideas to address the growing water quality issues created by stormwater, but also caution EPA that any future regulations must be sensitive to the financial, regulatory, and political realities currently facing the nation’s stormwater and clean water utilities.

NACWA’s comments state that EPA needs to conduct additional research on the performance of current stormwater techniques before embarking on a large-scale revision of existing regulations and also emphasize the importance of federal regulations not conflicting with existing state or local stormwater rules.  NACWA’s comments also support the use of green infrastructure by developers in both new development and redevelopment to manage stormwater flows on-site through infiltration and evapotranspiration, but also oppose any mandate for the use of green infrastructure.  Instead, the Association encouraged EPA to develop regulations flexible enough to account for the varying types of geography, climate conditions, and soil conditions that can impact the effectiveness of various stormwater management practices, ensuring that communities can choose the management practices best designed for their local needs.  Additionally, the Association’s comments expressed strong opposition to any new regulations that would require stormwater utilities to retrofit existing areas of development within the stormwater sewer system, citing the enormous cost of such an effort at a time of limited municipal resources.

NACWA’s comments were compiled from Member Agency submissions sent in response to Advocacy Alert 10-05.  Additional information on EPA’s stormwater rulemaking process is available on the Agency’s website.  EPA is expected to develop the new rule over the next three years and NACWA will be actively engaged with the Agency during that process advocating on behalf of our members.  We will keep the membership updated on developments as they occur.

EPA Announces National Enforcement Initiatives for 2011-2013

EPA announced this week its six National Enforcement Initiatives for fiscal years (FY) 2011-2013 with municipal sewer overflows and stormwater discharges from wet weather events listed as a key area of enforcement focus.   The new 2011-2013 list notes that the enforcement initiative involving municipal wet weather overflows will “focus on reducing discharges from combined sewer overflows (CSOs), sanitary sewer overflows (SSOs), and municipal separate storm sewer systems (MS4s) in FY 2011-13, by obtaining cities’ commitments to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.”  The focus on affordability in the enforcement arena, including the increased acceptance of green infrastructure in the negotiation process,  have been of paramount importance to NACWA and will continue to be a top priority in ongoing advocacy efforts (see related article).  The National Enforcement Initiatives, previously known as the National Enforcement Priorities, are set by EPA every three years to spotlight complex environmental issues the Agency believes deserve particular attention.  Municipal wet weather issues have long been a component of these priority lists, including the current 2008-2010 list.

NACWA participated in the EPA stakeholder process during development of the 2011-2013 enforcement initiatives, proving both oral and written comments  to the Agency as well as submitting a copy of the Association’s recent enforcement white paper .  While NACWA views EPA’s acknowledgement of the importance of “affordable” and “innovative” approaches to addressing wet weather issues as an opportunity the Association can build upon — the Association continues to be concerned about the Agency’s approach to clean water enforcement that continually ratchets down heavily on municipal dischargers while ignoring other significant sources of water quality impairment such as nonpoint sources.  Forcing local communities to spend scarce local resources on enforcement actions that will result in limited environmental benefit is no longer a viable option for improving the health of our nation’s waters.  NACWA will continue to advocate its position with EPA that true water quality improvement will only come from a revised national water policy that focuses on all sources of pollution through a watershed approach, increases federal funding for water infrastructure projects, and revises EPA’s outdated financial capability approach.

NACWA Meets with EPA Enforcement and Policy Staff on Financial Capability

NACWA staff met February 22 with key EPA staff to discuss financial capability and potential enhancements to the Agency’s existing methodology for determining how much a community can afford during wet weather consent decree negotiations.  Representatives from the Office of Wastewater Management and the Water Enforcement Division of EPA’s Office of Enforcement and Compliance Assurance provided NACWA staff with their reactions to a set of guiding principles for potential changes to the Agency’s methodology.  NACWA has urged EPA for several years to update is guidance on determining financial capability, but the Agency has resisted a wholesale revision.  Instead, EPA expressed an interest in exploring more targeted enhancements or clarifications that could be published separately, potentially in the form of questions and answers.

The chief concern NACWA raised during the meeting was that EPA’s current methodology for determining financial capability is simply a snapshot of the community’s economic condition.  Utility finances can change rapidly over a short period of time, as evidenced by the recent economic downturn, and committing to a spending regime for the 15-20 year span of a consent decree may put utilities in a position where they are no longer able to fund the projects on the timeline the decrees may commit them to.  Also important is the flexibility to prioritize projects within a decree and make revisions if the community’s economic condition changes or other regulatory or operations challenges arise.  EPA indicated that they share NACWA’s desire to do the most environmentally beneficial work first and recognize the increasing financial constraints the Nation’s treatment plants are under.  They expressed a desire and willingness to work with the Association on developing targeted fixes to some of the issues raised and asked to reconvene on these issues again in about a month.   In the interim, both EPA and NACWA will be working to pull together more information and specific language on some potential targeted fixes.

NACWA Continues Efforts on Chesapeake Bay Reauthorization

NACWA met with staff for Senator Ben Cardin (D-MD) to review a list of issues that members have raised over S. 1816, the Chesapeake Clean Water and Ecosystem Restoration Act, of which Senator Cardin is the main co-sponsor.  The legislation reauthorizes the Chesapeake Bay Program within the Clean Water Act and strengthens provisions to require States to adopt greater nutrient and sediment controls against nonpoint sources.  During the meeting a number of NACWA comments were discussed, including a recommendation to insert language to ensure that both point sources and nonpoint sources are held equally responsible for the contributions of nitrogen, phosphorous and sediment; that codification of a Bay total maximum daily load (TMDL) retain flexibility so that future adjustments can be made if necessary, including through a use attainability analysis (UAA) process; that the legislation requires that reduction targets be based on the TMDL currently under development and not the reduction targets encapsulated in the 2003 TMDL; and, that nitrogen sources from air deposition remain part of the legislation's scope.  While no commitment was made to accept all these recommendations, Senator Cardin's staff indicated that a revised draft of the introduced bill is being development that will contain adjustments based on NACWA’s recommendations, as well as others that have been received.  NACWA also suggested that the Senator meet with NACWA POTWs in the Bay watershed directly to review concerns and discuss the Association’s potential support for this legislative effort.  A meeting will likely occur over the next several weeks.

NACWA Comments on Preliminary 2010 Effluent Guidelines Program Plan

NACWA submitted comments  on February 25 on EPA’s Preliminary 2010 Effluent Guidelines Program Plan stating the Association’s support of the development of best management practices (BMPs) for the disposal of unused pharmaceuticals from health services facilities.  The EPA began a detailed study of the issue in 2007, conducting significant outreach and data collection activities.  The Agency now believes it has enough data to develop best practices for unused pharmaceutical management at health care facilities.  EPA plans to complete the BMPs for inclusion in the Final 2010 Effluent Guidelines Program Plan.

In its comments, NACWA recommended that the Agency make public the information that it has gathered, since this information may be useful to wastewater utilities and other entities involved with unused pharmaceutical disposal.  NACWA also urged that EPA work with other federal agencies to deliver a consistent message about pharmaceutical disposal.  The Food and Drug Administration recently released an online fact sheet containing recommendations for disposing of certain pharmaceuticals by flushing.  If the EPA-developed BMPs contain a different recommendation, the result will be confusion at health care facilities and in the public about the best method for disposing of unused pharmaceuticals.  As stated in the comment letter, “NACWA believes that flushing should not be presented as a viable alternative for disposing of any pharmaceuticals, but if flushing is determined to be necessary for certain drugs to avoid the possibility of accidental ingestion or illicit use, then all federal agencies should make this decision together and ensure that it is applied consistently.”  NACWA will keep members informed about EPA’s development of BMPs and any other news regarding this issue.

Trust Fund Efforts Continue with Focus on T & I Committee Support

This week NACWA and the Water Infrastructure Network (WIN) continued their efforts to build support for The Water Protection and Reinvestment Act of 2009 (H.R. 3202) in the U.S. House of Representatives, holding meetings with Democratic Members of the House Transportation & Infrastructure (T & I) Committee, as well as original co-sponsors of the legislation.  H.R. 3202 currently enjoys the bipartisan support of 29 co-sponsors.  NACWA and WIN are now focused strategically on gaining the endorsement of T & I Committee Democrats in order to garner the key support for the bill from Committee Chairman James Oberstar (D-Minn.) – thus allowing the bill ti move through committee — a key step before a vote on the House floor.  NACWA and WIN are also working with original Republican co-sponsors of the legislation to gain additional Republican support for the bill.

This week, NACWA met with the offices of the following Representatives: Harry Mitchell (D-Ariz.), Chris Carney (D-Pa.), Phil Hare (D-Ill.), Jerry Costello (D-Ill.) and John Hall (D-N.Y.,) to urge their support of the bill through co-sponsorship.  NACWA also met with staff for Mike Simpson (R-Idaho) — one of the bill’s original co-sponsors — to thank him for his leadership and to work with him to reach out to his Republican colleagues.

As we continue our efforts in Washington, D.C., we encourage our public agency members to contact their congressional delegations locally.  Direct contact from local wastewater utilities is critical to secure congressional support for this legislation.  To assist with your outreach efforts, NACWA has made available an array of educational materials on its Clean Water Funding Network website, www.cleanwaterfunding.org. These materials include sample letters of support to send to your Representatives, press kits, and other outreach tools.  Please contact NACWA’s Pat Sinicropi at 202/533-1823 or John Krohn 202/833-4655 for more information on how you can assist with this important effort.

Join NACWA on March 10 for the Second Installment of the Flow Web Seminar Series — Climate Change: It’s All About Water

As a host of climate experts continue to predict an increase of precipitation in some areas of the country and a decrease in others, public utilities are evaluating how their operations may be impacted by these changes. The second offering of NACWA's Flow Web Seminar Series will examine the impact of climate change on water resources and how clean water and stormwater utilities may be affected.

NACWA's March 10 seminar, Climate Change: It’s All About Water, will begin with a presentation by Richard Heim, a meteorologist with the National Oceanic and Atmospheric Administration (NOAA).  Heim will focus on how changing climate patterns may affect drought and precipitation events in the United States and what these changes may mean in terms of impact on wet weather events.  The seminar will continue with remarks from Ed Torres, Director of Technical Services for the Orange County Sanitation District, Calif. and Chair of NACWA's Climate Change Committee, who will respond to the information presented from a clean water utility perspective and highlight the key issues impacting NACWA members.  Torres will also discuss NACWA's efforts on climate change and how the Association is helping utilities confront this complex issue. Time will be made available at the end of the presentation for a question and answer session.  More information and online registration for the Flow Web Seminar Series are available on NACWA's website.

Register Today for NACWA’s 2010 National Environmental Policy Forum

NACWA is pleased to announce that this year’s 2010 National Environmental Policy Forum, April 18-21 at the L’Enfant Plaza Hotel in Washington, D.C., is being held in collaboration with state and regional organizations representing the clean water community.  NACWA has asked a number of such groups to lend their names in support of the Policy Forum and is pleased to announce that the Association of Environmental Authorities of New Jersey; the New York Water Environment Association, and the Water Environment Association of Texas have already agreed to lend their names the Policy Forum and send at least one representative to the meeting.  NACWA expects additional state/regional organizations to add their names to the Policy Forum over the coming weeks, demonstrating the ability of the clean water community to speak with one voice before our national policymakers.

This year’s Policy Forum will feature high level discussions on priorities for the Nation’s clean water agencies including a high-level panel on watershed issues, including the need for a new national watershed bill as well as regulatory and legislative developments relating to the Chesapeake Bay, and the important role of nutrient control efforts more broadly.  Discussions will also focus on issues of priority concern to all NACWA members, including increased enforcement and regulatory controls, affordability concerns, and federal funding.  So please be sure to register today on NACWA’s website.  We look forward to seeing you in Washington, D.C., in April.

Peak Performance Awards Applications Available – April 9 Deadline Approaching

NACWA is currently accepting applications for its 2009 Peak Performance Awards. All eligible member agencies are encouraged to submit their nomination as soon as possible.  As announced in the Member Update 10-01 , the Peak Performance Awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  The deadline for submissions is April 9, 2010.  More information on the Peak Performance Awards program, including its standards and how to apply, can be found on the NACWA website.