» Clean Water Current Archive

May 21, 2010

EPA Written Statement on Blending, SSO Policy Is Imminent

A senior level U.S. Environmental Protection Agency (EPA) official announced at NACWA’s National Pretreatment & Pollution Prevention Workshop this week (see related story below) that the Agency will articulate its intent regarding peak excess flow "blending" and broader sanitary sewer overflow (SSO) policy issues in a document anticipated to be signed this week and put in the Federal Register before or soon after the Memorial Day weekend.  The document will also likely discuss the process for moving forward with developing such a policy and include listening sessions for NACWA and other stakeholders to weigh in on key issues.  The statement at the Pretreatment Workshop did not provide any additional details but it is clear that such a written statement will be critical in determining next steps on NACWA’s advocacy on both the peak excess flow blending issue, as well as on efforts to ensure a consistent and viable SSO policy.  As soon as NACWA learns more about this document or obtains a copy of it, the Association will provide additional details to the membership.

NACWA Pretreatment Workshop Draws Strong Utility and EPA Representation

NACWA’s National Pretreatment & Pollution Prevention Workshop drew a strong turnout from both utility pretreatment coordinators and EPA Headquarters and Regional staff.  The Workshop began with an opening keynote by Benjamin Grumbles, Director of the Arizona Department of Environmental Quality and former EPA Assistant Administrator for Water.  Grumbles reflected on his time with EPA (2004 – 2009) and the importance of the Pretreatment Program in protecting the health of the nation’s waters.  A panel presentation by EPA Headquarters staff provided updates and new information on a variety of regulatory issues.  Two upcoming rule proposals were highlighted during this panel.  The first, the Sufficiently Sensitive Methods Rule, will likely be released later this month and will detail the proper use of test methods with appropriate sensitivity for determining compliance with permit requirements.  The second, a methods update rule, is expected later this year and will update 40 CFR Part 136 to add new or revised methods and sample collection and preservation procedures.  NACWA will keep the Pretreatment and Pollution Prevention Committee and members informed about the status of these rule proposals. 

Energy-Water Nexus, Nutrient Petition, State Mercury Laws Discussed at Workshop

EPA also provided information about its investigation of the water quality issues, and pretreatment issues in particular, related to hydraulic fracturing, or "fracking," of underground layers of shale or other formations to access oil and gas.  Also under the banner of the energy-water nexus, EPA provided an update of its work on the Gulf of Mexico oil spill.  Of particular relevance to NACWA members, EPA stated that it had received a letter from the Natural Resources Defense Council last month regarding their petition to revise the secondary treatment definition to include nutrient removal, and that the letter addressed some of the issues raised by NACWA in its comments to EPA last year. 

 A law that went into effect last year in Michigan mandating dental amalgam separators, but limited utility pretreatment programs from requiring any other controls at dental facilities, was discussed during a panel on mercury issues.  Utilities raised many concerns about this approach.  Workshop participants also had the opportunity to discuss pretreatment issues with their EPA Regional Pretreatment Coordinators during a key roundtable session.  The Workshop concluded today with panel presentations on perfluorochemicals (PFCs) and stormwater controls, two issues that some pretreatment programs are already dealing with and many more will likely need to deal with in the future.

NACWA Board Approves Watershed Principles; Key Endorsements to Be Sought

NACWA’s Board of Directors has approved a set of watershed principles developed by the Association’s Strategic Watershed Task Force in conjunction with other stakeholder groups.  The principles will provide a solid foundation for consensus for moving forward on watershed legislation as well as providing input into regulatory policy on watershed issues as they develop.  The principles resulted from a series of discussions centered on NACWA’s draft 21st Century Watershed Act with the following stakeholder groups:  the Association of State and Interstate Water Pollution Control Agencies and several of its state members, the Natural Resources Defense Council; the Environmental Law & Policy Center; the Chesapeake Bay Foundation; American Rivers; the Sustainable Agriculture Coalition; and the Water Environment Federation.   NACWA would like to develop strong support of the principles from these groups and then broadly expand stakeholder opportunities for support to demonstrate the wide interest in moving toward a viable watershed approach over the long-term.  It is anticipated that the House Transportation & Infrastructure (T&I) Committee will hold a hearing on the need for a national watershed approach this summer or early fall.  If you have suggestions for other national or local groups that might endorse the principles, please contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  

NACWA Seeks Member Input on Federal Stormwater and Wastewater Fees

NACWA is continuing its aggressive advocacy to counter federal government facilities’ refusal to pay local stormwater and/or wastewater fees.  As part of this effort, members are encouraged to share their experiences with federal facility payment with NACWA.   The Association recently sent a letter to U.S. Attorney General Eric Holder addressing this concern and will be meeting with key Department of Justice (DOJ) staff soon.   NACWA has also been meeting with congressional staff to explore potential legislative solutions.  To better inform NACWA’s advocacy on this issue, we are compiling a list of clean water utilities that have experience with federal government facilities refusing to pay local stormwater fees or wastewater fees.  If your utility, or another utility you are aware off, is either currently dealing with this issue or has faced this issue in the past, please provide us with as much of the following information as possible:

a)  Name of the utility
b)  Type of federal government facility that has refused to pay fee
c)  Type of fee involved – wastewater or stormwater?
d)  Reason federal facility has given for refusing payment
e)  Any efforts taken thus far by the utility to resolve the situation
f)  Amount of unpaid fees owed by the federal facility
g) The appropriate utility staff to contact for further information

Some NACWA members may have already responded to this request through e-mails sent to individual NACWA committees.  For those members that have not yet responded, please send any information regarding this request to Thea Graybill, NACWA’s Government Affairs Assistant, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .   Thanks, in advance, for sharing your experiences.

NACWA Comments on Application of TMDLs to Ocean Acidification

NACWA submitted comments today in response to EPA’s call for public comments on what the Agency needs to consider in determining how to address ocean acidification under the Clean Water Act’s (CWA) 303(d) program.  EPA issued this call for comments after the Center for Biological Diversity sued the Agency for failing to require Washington State to list its coastal waters as impaired for marine pH.  NACWA stated in its comments that the current scientific understanding of ocean acidification is limited, and that “further research is required before regulatory decisions are made regarding pH changes in ocean waters and the potential impacts of ocean acidification.”  NACWA argued that if regulatory action is taken for ocean acidification, the CWA is not the appropriate tool.  The global nature of excess atmospheric carbon dioxide that may be causing ocean acidification demands a more integrated approach than what the more traditional and limited total maximum daily load (TMDL) program provides.  NACWA will follow developments in this issue and keep members informed of EPA actions regarding ocean acidification and the TMDL program.  

Legislation Seeking to Bolster Drinking Water SRF Moves Forward

A House Energy and Commerce subcommittee this week approved the Assistance, Quality and Affordability Act of 2010 (H.R. 5320).  The legislation reauthorizes the Drinking Water State Revolving Fund (DWSRF) for the first time since its inception and would provide $14.7 billion for the DWSRF over five years.  The bill also seeks to reduce lead content in drinking water systems and expand the Endocrine Disrupting Substance Screening Program.  Under the legislation, EPA is required to develop a list of 100 endocrine disrupting chemicals (EDCs) found in drinking water, and order testing for at least 75 of these chemicals annually in order to begin to develop a more robust database.  The legislation does not create any new regulations for EDCs.  Additionally, during the subcommittee mark, an amendment offered by Congresswoman Tammy Baldwin (D-Wis.) was approved requiring EPA to conduct a study on the presence of pharmaceutical and personal care products in drinking water.  It is unclear at this point how this bill will impact the movement of its Senate SRF counterpart — S. 1005 — which continues to await action on the Senate floor as key Senators seek a solution to Davis-Bacon and distribution formula issues.  NACWA will continue to advocate for moving these key pieces of funding along and will keep our members informed of progress as it occurs.

Web Seminars, Summer Conference Offer Added Value to Members

Whether at your agency for a web seminar or onsite for an upcoming conference, NACWA continues to provide its members with timely and in-depth offerings on priority advocacy issues.  We invite you to register now for these upcoming web seminars and conferences:

• NACWA’s Flow Series continues with Water Quality: The True Impact of Stormwater Runoff.  The web seminar takes place on June 9 from 2:00 – 3:00 pm Eastern.  The seminar features a presentation from water quality expert Dr. Erin Snyder, who will outline the major types of chemical contaminants associated with stormwater and how they impact water quality.  Kyle Dreyfuss-Wells, Manager of Environmental Programs at the Northeast Ohio Regional Sewer District and Chair of NACWA’s Stormwater Management Committee, will also be on hand to provide a municipal perspective on Dr. Snyder’s remarks and discuss NACWA’s ongoing advocacy efforts to address EPA’s increasing aggressive regulatory efforts on stormwater.  Registration information for Flow Series seminars is available on NACWA’s website.   

• With the stability of the economy still in question municipalities continue to struggle with the cost of federal Clean Water Act enforcement and regulatory actions.  The issue of affordability looms large.  An upcoming NACWA web seminar, Money Matters . . .  Making the Case for Affordability will provide a diverse array of perspectives on this important issue.  Loren Denton, Acting Branch Chief of the Municipal Enforcement Branch of the Office of Enforcement & Compliance Assurance’s Water Enforcement Division of EPA will provide remarks focusing on EPA’s efforts to clarify its approach to affordability – and how the Agency is working with NACWA and other key stakeholders to address affordability concerns in the consent decree context.  Case studies will also be provided by top utility officials from Atlanta, Georgia; Sanitation District 1 in Fort Wright, Ky.; and Akron, Ohio.  These case studies will feature the very real affordability problems that exist within the context of CWA compliance requirements and lessons learned from their negotiations and ongoing implementation efforts.   Mark your calendars for June 22 from 2:00 – 3:30 pm Eastern and register today for this important and timely discussion! 

• Registration is now open for the Association’s 2010 Summer Conference & 40th Anniversary Annual Meeting.  Join NACWA as it commemorates and celebrates the Association’s 40th, July 20 - 23, 2010 at the Fairmont San Francisco in San Francisco, Calif.  The conference, Sustainable Resource Management – Lessons from Clean Water’s Past & Present, will focus on the importance of a new approach to water quality improvement that utilizes an assessment of the needs of an entire watershed to prioritize responses and identify sustainable solutions.  Recent developments in the Chesapeake Bay – and other regions that are home to America’s great waters – are refocusing the nation on the importance of our water resources and the need for bold action that requires all responsible parties to contribute to the solution.  Beyond the water environment, the agenda will also explore the clean water community’s potential role as a major player in the country’s efforts to identify sustainable energy solutions.  A complete narrative agenda is available at www.nacwa.org. 

At the conference, recipients of NACWA’s National Environmental Achievement Agency Awards and  Peak Performance Awards will be recognized, as will the inaugural class of honorees of the new  NACWA Hall of Fame.  The Association’s year-long anniversary celebration with the theme, NACWA at 40  . . . A Watershed Moment, concludes in San Francisco with a special program and special events.   Registration discounts are available now for multiple registrants from the same utility.  Register today  at www.nacwa.org and contact the Fairmont San Francisco at 415.772.5000 to guarantee the special  conference rate of $269 single/double.  Be sure to mention that you are a participant in NACWA’s  Summer Conference.  The hotel reservation deadline is Tuesday, June 29th.  We look forward to seeing  you this summer in San Francisco!