» Clean Water Current Archive

August 6, 2010

NACWA Provides EPA with Comments on Sanitary Sewer System Rule-Making

NACWA submitted comments this week in response to the U.S. Environmental Protection Agency’s (EPA) June 1 Federal Register notice requesting public input on potential sanitary sewer collection system regulations, including whether the Agency should consider pursuing a comprehensive national policy to address sanitary sewer overflows (SSOs).  NACWA’s comments applaud EPA for taking an important first step towards addressing sanitary sewer issues holistically and encourage the Agency to pursue such a comprehensive approach to provide clean water utilities with much-needed regulatory predictability and consistency.  The comments outline NACWA’s position on a number of issues that EPA highlighted in the request for public input, including reporting and notification issues; capacity, management, operation, and maintenance (CMOM) requirements; permitting of satellite collection systems; and how to address peak wet weather flows at wastewater treatment plants.

The submission of these comments by NACWA marks the culmination of significant participation by the Association in EPA’s stakeholder input process regarding sanitary sewer collection issues, including NACWA attendance at all of EPA’s Listening Sessions and a public statement at the  Listening Session in July in Washington, DC.  NACWA will continue to communicate closely with EPA regarding the Agency’s possible next steps and will keep its members updated on any developments.

NACWA Takes Strong Position in Comments to EPA on Sewage Sludge as Solid Waste

NACWA submitted comments August 3 in response to EPA’s June 4 proposed rule that defines sewage sludge bound for incineration as a non-hazardous solid waste.  While the Agency downplays the impact of the rule, NACWA’s comments highlight that the proposal, if finalized, will have an immediate and significant impact on the ability of many of NACWA’s members to manage the sewage sludge they generate on a daily basis.  With the list of available options for managing biosolids continuing to shrink for many municipalities, NACWA’s letter underscores that EPA’s proposed action will have a devastating impact on sewage sludge incineration – which is used to manage approximately one fifth of the sludge generated annually in the US.  Under EPA’s proposed approach, combustion units burning solid wastes would be regulated under the more onerous Section 129 Clean Air Act (CAA) requirements, while those burning ‘legitimate secondary materials’ (i.e., not solid wastes) would be regulated under Section 112 of the CAA.

Beyond incineration, the letter points out that EPA’s proposal will also “eviscerate progress toward a new, viable source of renewable energy for the country,” as any combustion unit burning sewage sludge will be required to meet the more stringent Clean Air Act Section 129 requirements.

NACWA plans to meet with EPA in the coming weeks as it reviews the comments.  In addition, NACWA is expecting EPA to release proposed CAA Section 129 standards for SSIs in August and the Association is preparing to review and comment on that proposal, as well.  NACWA will keep you informed of developments on both the SSO and SSI efforts.

NACWA Urges Senate to Ensure Local Flexibility in Chemical Security Decisions

NACWA sent correspondence to the Senate Environment & Public Works (EPW) Committee this week highlighting the need for local autonomy in determining individual facilities’ treatment technologies.  The letter was the Association’s response to the Committee’s July 28 hearing on Securing America’s Water Facilities which examined proposed changes to the Department of Homeland Security’s (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program, including adding wastewater and drinking water utilities to the security regime.  A key focus of the hearing was the “Secure Water Facilities Act” (S. 3598) introduced by Senator Frank Lautenberg (D-N.J.).  Lautenberg’s legislation seeks to end the CFATS exemption for wastewater and drinking water utilities and to add a provision that would require certain utilities to use “inherently safer technologies,” or ISTs, in their treatment processes.NACWA’s letter re-emphasized some of the cumulative findings and data provided by Association members, which demonstrated that a large percentage of clean water agencies are currently implementing responsible security protocols on a voluntary basis.  The letter also underscored the fact that utilities are using IST voluntarily if it meets the treatment requirements of the utility and other critical local factors, such as the readily available supply chain for such treatment alternatives.  The letter also referenced that a large percentage of utilities currently using a chemical of concern are examining IST with intentions to switch treatment processes in the near future.  NACWA’s letter can be found on the Security and Emergency Preparedness section of NACWA’s website and a related trade press piece on the issue can be found on NACWA in the News.

NACWA Communications Committee Discusses Vision for the Future – Money Matters Campaign

NACWA’s Communications & Public Relations Committee met yesterday to both broadly discuss the Committee’s role within NACWA going forward, and to begin to develop vital messaging for the Association’s Money Matters advocacy and public affairs campaign aimed at a new national approach to assessing municipal Clean Water Act (CWA) affordability constraints.  The Committee members focused on the need to become more involved in NACWA’s standing committees in a more organized manner to ensure that consistent and compelling messaging continues to be incorporated into NACWA’s legislative, regulatory and legal advocacy efforts.  The discussion also underscored the need for messages to be developed that will succeed not only with local, state, and federal policy-makers – but also with their local ratepayers, customers and communities whose support is so critical to any successful endeavor.  The Committee the focused on the timeline for NACWA’s Money Matters effort, with several members expressing the very real struggles they are experiencing at the local level as the economic downturn persists and CWA regulatory and enforcement activity intensifies.

The Committee also discussed the messaging effort NACWA is engaged in to develop ‘words that work’ to describe the affordability dilemma, and agreed that the centerpiece of this effort needed to be detailed case studies exemplifying clean water agency affordability challenges (see article which follows).  NACWA’s Communications Committee plans to have conference calls on a more frequent basis and members are urged to get their communications, public affairs, or community relations staff involved in the Committee by contacting NACWA’s Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Public Agency Members Urged to Complete Money Matters Online Affordability Survey

NACWA is pleased to report that nearly 80 NACWA members have provided information to the Money Matters affordability online survey distributed via Advocacy Alert 10-17.  The information will help NACWA tell the story of the very real financial constraints that public Member Agencies are experiencing in clear, compelling language.  It is critical that NACWA hear from as many members as possible — from coast-to-coast — and again urges its members to complete this survey if they have not yet done so.  It is also an option to re-enter the survey and provide additional data to make the case studies as compelling as possible.  To ensure the most robust information set possible, NACWA is extending the survey deadline for an additional two weeks.  Please have all your survey information completed by Friday, August 20.

National Environmental Achievement Award Applications Are Now Available

NACWA is now accepting nominations for the 2011 National Environmental Achievement Award (NEAA) program.  Each year, NACWA recognizes individuals and Member Agencies for their outstanding advocacy and/or innovative projects that positively impact the environment, their utility, their community, NACWA, and the clean water industry.  Because NACWA’s 2011 Winter Conference will have a technical focus (the Summer Conference will now focus on management issues), NEAA Agency Awards will be presented in early February in Ft. Lauderdale, Florida.  Individual awards will continue to be presented during the National Environmental Policy Forum in May in Washington, DC.  All NACWA Member Agencies are eligible to apply for any of the seven award categories.  For over 25 years, the NEAA program has been acknowledging those individuals and Member Agencies that are having a significant environmental impact on their community – this year we hope to recognize you!

Applications are due Friday, October 8, 2010 and can be found on at www.nacwa.org/neaa.  Please contact Kelly Brocato, Director of Membership Development at 202/833-1449 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for additional information.  Apply soon and get recognized!