» Clean Water Current Archive

April 2, 2010

Momentum Grows for Legislative Affordability Fix; Mayors’ Report Provides Helpful Data

NACWA reached out to several key lawmakers to seek their support for including language in the fiscal year 2011 EPA appropriations bill to require the Agency to undertake an affordability/financial capability review process and update its outdated 1997 guidance document establishing its approach to wet weather affordability issues.  NACWA met with staff for the Chairman of the Senate Appropriations Committee, Senator Inouye (D-Hawaii), as well as Senator Herb Kohl (D-Wisc.) and Congresswoman Marci Kaptur (D-Ohio) all of whom understood the fiscal challenges communities must deal with when confronting large wastewater treatment infrastructure projects and costly new regulatory requirements.  Each of these meetings went well and NACWA staff believes these offices will provide assistance to this important part of NACWA’s affordability advocacy effort.

As NACWA’s affordability efforts proceed on the Hill as well as with EPA, these initiatives are also receiving vital assistance from the U.S. Conference of Mayors both from an advocacy and an information-development standpoint.  The Mayors recently released and continue to distribute their report titled Trends in Local Government Expenditures on Public Water and Wastewater Services and Infrastructure: Past, Present and Future.  NACWA encourages its members to download the report by clicking here, review it and share it or the press release that accompanied it as broadly as possible with local, state and federal appointed and elected officials.  The report addresses key trends in public water and wastewater spending as well as financial needs and limitations in terms of continuing to provide these vital services.  As the press release points out, some of the key findings from the report include:

 
• The cost of providing public water and wastewater services and infrastructure from 1956 to 2008 was $1.6 trillion in nominal dollars and $3.2 trillion in inflation adjusted 2008 dollars.
• Today, 60 cents on every dollar spent is for Operations and Maintenance and 40 cents goes to capital investment, reversing an historical trend of a majority of expenditures on capital investments.
•  Local government devotes six tenths of one percent of gross domestic product (GDP) to this function each year, while the intended preeminent federal aid program – the State Revolving Fund (SRF) loan programs - provides a mere 2 thousandths of one percent of GDP annually. The SRF program fails to provide adequate financial assistance to cities.
•  Cities are spending more dollars on water and wastewater each year, but the investment needs far outweigh local government’s ability to keep up with an aging infrastructure — Americans will likely face increased service disruptions, increased water main breaks, and greater impacts on local economies and threats to public health. 

Clearly, in the context of the current economic downturn, the growing capital project needs and regulatory compliance costs are coming just as municipalities are bumping up against affordability limits.  This issue is critical for municipal officials and transcends geographic boundaries.  As a member of the Mayors Urban Water Council, NACWA and its members will be working closely with the U.S. Conference of Mayors and the array of key stakeholder groups to continue to fully address these vital concerns. 

NACWA Meets with EPA Deputy AA for Water; SSO Policy Announcement Expected Soon

NACWA met this week with EPA’s new Deputy Assistant Administrator (AA) for Water Nancy Stoner and the Director of the Office of Wastewater Management Jim Hanlon to hear from them regarding their short and long-term clean water initiatives.  The issues discussed included sanitary sewer overflows (SSOs)/blending; affordability/financial capability; green infrastructure; and nutrients.  NACWA was pleased to learn that EPA anticipates an announcement in the next 30-60 days on a path forward for SSOs.  EPA intimated that their preference was to move forward with initiating work toward a comprehensive SSO rule or policy that among other key issues would encompass peak excess flow blending.  NACWA will be watching this closely in terms of how it may impact NACWA’s strategy as it continues work on a petition to EPA to develop an SSO policy.   

On the affordability front, Nancy Stoner clearly connected affordability concerns with EPA’s goal of moving toward sustainability of wastewater systems.  She stated that an integrated approach to financial capability assessments that could account for the suite of potential environmental costs in a manner that was flexible, rather than static, and could best achieve environmental improvement should be a component of a sustainable path forward.  It was clear that the details of such an approach had not yet been contemplated and NACWA provided them with an update about its ongoing work with EPA’s Offices of Water and Enforcement and Compliance Assurance on affordability issues.  It was also clear that Nancy Stoner understood the important link between affordability concerns and the use of green infrastructure from both a policy and an enforcement standpoint and she clearly is in favor of a greater focus from EPA on supporting green infrastructure techniques as a viable option. 

Interestingly, due to her work with the Natural Resources Defense Council on their nutrient petition before she joined EPA, Nancy Stoner has recused herself from all nutrient discussions because the petition is still active at EPA.  She does not, however, have to recuse herself from blending or SSO discussions.

EPA Reaffirms Current Stance on Blending in Letter to Illinois Discharger

In a March 26 letter to the Illinois Association of Wastewater Agencies (IAWA), EPA Assistant Administrator for Water Pete Silva outlines the Agency’s current position on the permitting of peak wet weather flow diversions and parallel treatment units at clean water agencies.  Citing EPA's bypass regulations at 40 CFR 122.41(m), the letter states that the Agency "considers diversion around the secondary treatment units to excess flow treatment units to be a bypass where the effluent from the excess flow treatment unit does not meet the minimum requirements for secondary treatment".  Though EPA "commends those municipalities that have installed excess peak flow facilities", the letter indicates that such utilities would be required to complete a no feasible alternatives analysis to seek approval for discharges from those units as an anticipated bypass.  EPA states that although the 2005 peak flows policy has not been finalized, "it remains a viable path forward for utilities to meet their obligations under the bypass regulation."  In recent meetings with EPA, NACWA has underscored its view that the continued use of a non-final proposal to impose significant new requirements on utilities with major financial implications is not acceptable.  EPA is currently considering a list of options for its next steps on the peak flows blending issue, and has indicated that moving in the direction of a broader sanitary sewer overflow policy or rulemaking effort, which would encompass blending, is among those options (see related story). 

NACWA Explores Potential Merger of Key Green Infrastructure Bills

NACWA met with the Philadelphia Horticultural Society (PHS) this week to discuss combining The Green Infrastructure for Clean Water Act of 2009 (H.R. 4202) — the bill that NACWA provided significant input into and on whose behalf NACWA has been advocating strongly — and the Green Communities Act (H.R. 2222) into a single bill focused on promoting green infrastructure investments at both EPA and the Economic Development Administration (EDA) housed at the Department of Commerce.  PHS has been the primary supporter of H.R. 2222 though both legislative efforts enjoy the support of growing stakeholder coalitions.  Both bills have similar aims and need to be considered by the Transportation and Infrastructure (T&I) Committee before moving to other committees and the House floor for ultimate passage.  The Green Infrastructure for Clean Water Act of 2009 would create a green infrastructure office within EPA Headquarters, provide grants for utilities and municipalities to plan, design and implement green infrastructure projects and set up centers of green infrastructure excellence throughout the United States.  The Green Communities Act seeks to create more greening opportunities in urban environments by providing grants to municipalities through the EDA to revitalize parks and public spaces, increase tree plantings, green roof construction and green stormwater management techniques.  NACWA and PHS believe that by combining these two bills into a single legislative package on green infrastructure, we can both benefit from growing congressional support for both bills and provide momentum for passage.  NACWA and PHS are discussing the idea of merging the bills with key Congressional sponsors and respective coalition stakeholders and NACWA will keep members apprised as these efforts advance.  

NACWA Comments on EPA's Revised, More Stringent Ammonia Criteria

NACWA submitted comments this week on EPA's December 30, 2009, proposed revisions to its water quality criteria for ammonia.  Since EPA's first announcement in 2004 that it might revise its existing ammonia criteria, NACWA has raised concerns over the freshwater mussel toxicity data EPA planned to use to revise the criteria values.  EPA has provided NACWA with several opportunities to interact with key staff over the past several years to gain a better understanding of the new scientific information the Agency was considering.  Last summer, in a meeting with NACWA, EPA indicated that it had collected additional data confirming the sensitivity of freshwater mussels to ammonia and that it would rely less on the data with which NACWA had raised concerns.  Though the December 2009 proposed revisions confirmed that EPA has addressed many of NACWA's previous comments, several issues remain. 

NACWA's April 1, 2010, comments supported EPA's approach of using bifurcated criteria, with different levels of protection for those waters where mussels were present, but highlighted a list of issues with the data being used, including the use of invasive species toxicity information, and several implementation questions that remain unanswered.  The top implementation issue for NACWA is the manner in which the ‘mussels present' determination is made.  Once the ‘mussels present' determination is made, then the more stringent criteria must be met.  Clean water agencies will have difficulty meeting the new, lower numbers and their efforts to comply will result in other operational impacts, making the details of this threshold determination and subsequent implementation of vital importance.  Unfortunately, few details are provided in the criteria document.  EPA only notes that it appears that many states in the continental U.S. have freshwater mussel fauna in at least some of their waters.  Given the complexity of the tiered criteria and the potential impacts on clean water agencies, NACWA's comments stressed the need for detailed implementation guidance.  EPA representatives have indicated that implementation guidance will be released with the final criteria, but NACWA believes that any implementation guidance must be released for public review and comment before the final criteria are released. 

Apply Today — Peak Performance Award Application Deadline Is April 9!

Don't miss the chance to recognize your facilities with a 2009 Peak Performance Award for outstanding compliance with National Pollutant Discharge Elimination System (NPDES) permit limits!  The deadline to apply is next Friday, April 9, 2010.  The Peak Performance Awards recognize excellence in three categories: Platinum, Gold and Silver.  Submit your applications online through CleanWater Central, by e-mail to Mark Hoeke, This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or by regular mail to Kelly Brocato at the NACWA National Office, 1816 Jefferson Place, NW, Washington, DC 20036.  More information on the 2009 Peak Performance Awards is available on the Awards section of NACWA's website or in the Member Update sent March 18.

Time Is Running Out — Register Now for the 2010 National Environmental Policy Forum

NACWA's National Environmental Policy Forum is a little over two weeks away so make your plans to join us now in Washington, D.C.  The Policy Forum offers a unique opportunity to gain a greater understanding of current federal legislative, regulatory and legal issues – and brings together top lawmakers, influential decision- makers and key staff for a series of robust discussions of evolving national issues certain to impact communities across the country.  Also, don't forget to schedule a meeting with your congressional delegation on the afternoon of Tuesday, April 20.  We urge attendees to set up meetings to ensure that national leaders take into account NACWA member perspectives and concerns when developing clean water legislation.  If you would like assistance setting up these visits, please contact John Krohn, NACWA's Manager of Legislative Affairs, at 202.833.4655 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Finally, in order to make sure you are included on the Policy Forum participants' list that will be included with the registration packets, NACWA must receive your registration by Monday, April 5, 2010 so make your plans today!  For additional information on the 2010 National Environmental Policy Forum, visit NACWA's website.

Make Your Plans Today for NACWA's Pretreatment and Pollution Prevention Workshop

Join other pretreatment professionals May 19 – 21, 2010 at the Hyatt Phoenix in Phoenix, Arizona for NACWA's National Pretreatment & Pollution Prevention Workshop, the only national conference designed especially for pretreatment professionals.  Topics at this year's Workshop,  P3: The Next Generation – Its Continuing Mission to Clean the Nation's Water,  include legal cases involving discharges of fats, oils, and greases (FOG); the increasing responsibilities of pretreatment programs to handle stormwater and the impacts of upcoming stormwater regulations; and how NACWA and utilities are dealing with the problem of "flushable" wipes that cause problems in sewer systems and treatment plants.  The latest information on mercury control measures and their potential nationwide impacts will also be provided.  Staff from EPA will be on hand to update participants on the current status of effluent guidelines development, pretreatment performance measures, and other programs.  Regional EPA staff will participate in the popular Regional Roundtable discussion session.  As a new feature at the Workshop, an additional roundtable session on various pretreatment-related topics will be held to allow participants to network with their colleagues from utilities nationwide. Visit NACWA's website for additional information and make your plans to attend the Workshop today!