» Clean Water Current Archive

June 25, 2010

Key Senators Seek EPA Affordability Guidance Update Based on NACWA Input

Ohio Senators George Voinovich (R) and Sherrod Brown (D) officially requested language in the Fiscal Year 2011 Interior, Environment & Related Agencies appropriations bill that would require the Environmental Protection Agency (EPA) to review and update its 1997 guidance document, Combined Sewer Overflows — Guidance for Financial Capability and Assessment and Schedule Development.  The Senators made the request in a June 22 letter sent to Senators Dianne Feinstein (D-Calif.) and Lamar Alexander (R-Tenn.), the Chairman and Ranking Member respectively of the Interior, Environment & Related Agencies Subcommittee.  NACWA has also been working with Congressmen Steven LaTourette (R-Ohio) and Tim Ryan (D-Ohio) to move a companion request in the House.  In recent weeks, NACWA has built strong support for the request requiring the Agency to update its guidance in both chambers for attaching proposed language to Fiscal Year (FY) 2011 EPA appropriations legislation.   The House is expected to begin consideration of FY11 appropriations bills in the coming weeks.

Web Seminar on Affordability Demonstrates Timeliness of Money Matters Campaign

Approximately 170 participants joined NACWA on June 22 for the web seminar, Money Matters…Making the Case for Affordability.  The seminar examined Clean Water Act (CWA) affordability concerns from both the national and municipal perspectives.  As NACWA’s first programmatic initiative under the Money Matters campaign, the seminar served to bolster NACWA’s priority legislative, regulatory, public affairs and legal efforts to advance the clean water community’s agenda on the affordability front.  Timely, vital information was shared through the seminar presentations and the Association has received significant positive feedback from participating members.The web seminar featured top U.S. Environmental Protection Agency (EPA) and municipal officials as well as leading legal and economic experts who discussed viable solutions to meeting the goals of the CWA in a manner that households and communities can support, advance, and afford.  Loren Denton, Acting Chief for the Municipal Enforcement Branch at EPA, began the discussion by clarifying the Agency’s approach to financial capability assessment and affordability.  Denton stated that NACWA and the U.S. Conference of Mayors’ efforts are spurring discussions regarding affordability at senior levels of EPA.  Denton assured the audience that affordability will continue to be a top concern of EPA, and expressed his intent to share the web seminar presentations with key colleagues at the Agency.  As part of the seminar, NACWA public agency members presented case studies – helping to put these complex financial issues into practical terms.  Rob Hunter, Commissioner for the City of Atlanta Department of Watershed Management, Ga.; Mike McGlinchy, Public Utilities Bureau Manager for the City of Akron Public Utilities Bureau, Ohio; and Jeff Eger, General Manager of the Sanitation District No. 1, Ky., each illustrated the need for the EPA to ensure that federal policies recognize the financial constraints municipalities are under, and review its guidance document for financial capability.  These case studies will also provide a solid basis as NACWA ramps up its Money Matters affordability campaign.

As part of this campaign, NACWA will be circulating a brief member survey next week to gather more agency-specific information on affordability challenges being faced by the clean water community.  The information collected will be used in the development of effective, compelling messages around the issue of affordability and a “leave-behind” document for NACWA and its members’ use.

Registrants for Money Matters…Making the Case for Affordability will soon free receive access to the archived seminar for their use.  Agencies who wish to access the seminar content, but did not previously register, may do so for a fee by contacting Robin Davis at 202.533.1802 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Utilities Express Support for Sanitary Sewer System Rule at First EPA Listening Session

NACWA attended the U.S. Environmental Protection Agency’s (EPA) first scheduled listening session to gather stakeholder input on a possible sanitary sewer system rule.  At the June 24 session in Seattle, Wash. the majority of utilities speaking were supportive of EPA’s plans to tackle sanitary sewer issues and encouraged the Agency to pursue a comprehensive national rule.   Municipal utilities from Washington, Oregon, and California participated in the listening session, with a number of utilities making public statements in response to EPA’s June 1 Federal Register notice .  All of the speakers were united in their belief that a “zero overflow” standard for sanitary sewer overflows (SSOs) was inappropriate and unachievable, and encouraged EPA to explore other options.

Most utility representatives also believed that a comprehensive rule should address capacity, management, operations, and maintenance (CMOM) issues; notification and record-keeping issues; treatment of peak flows within the collection system and at the treatment plant; and, satellite collection systems.  After completing the formal public statements, the listening session offered a question and answer session.  As part of the Q & A session, Agency staff indicated that EPA was considering a variety of different options for controlling SSOs and were careful not to commit to any specific approach or outcome.

The Seattle listening session was attended by approximately 20 people.  It is essential for the clean water community to ensure heightened participation at the upcoming listening sessions to demonstrate the importance of this EPA effort to public agencies and to ensure our voice is heard.  EPA is planning four more listening sessions on sanitary sewer issues:  June 28 in Atlanta, Ga., June 30 in Kansas City, Kan., July 13 in Washington, DC, and July 14 via a virtual listening session broadcast over the internet.  NACWA has put together a series of talking points , which were echoed by many of the presenters in Seattle, and which the Association encourages members planning to attend the remaining listening sessions to use as a basis for their statements.  Additional information on EPA’s SSO efforts and information on registering for future listening session can be found on EPA’s website.