» Clean Water Current Archive

August 13, 2010

NACWA, Water Sector Groups Meet with EPA Water Chief on Top Strategic Issues

NACWA staff and representatives of several other municipal organizations met with U.S. Environmental Protection Agency (EPA) Assistant Administrator for Water Pete Silva and other key Office of Water staff yesterday as part of a series of scheduled bi-monthly discussions to ensure that EPA and the municipal sector are working together on top Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) issues.  NACWA expressed its desire to work with EPA toward revising its approach to CWA affordability issues and provided an overview of the Association’s Money Matters affordability campaign.  Other organizations present also confirmed that affordability was equally a drinking water priority.  Silva and other EPA staff expressed significant interest in working with NACWA on the affordability and in pursuing a more formal dialogue with the municipal community on this vital issue that would help highlight the financial difficulties municipalities are facing.  Silva also noted that Bill Anderson, of EPA’s staff, has been picked to look into revising EPA’s 1997 combined sewer overflow financial capability guidance and to provide recommendations to Silva on how to proceed with this.  NACWA will be meeting with Anderson soon to discuss this process and how the Association can play a meaningful role in this process.

NACWA also reiterated concerns it had expressed to Silva earlier this year on two Agency rulemakings that will have major impacts on biosolids management.  EPA’s proposed definition of non-hazardous solid waste, which defines sewage sludge bound for combustion as a solid waste, will impact sewage sludge incinerators (SSIs) and have a detrimental impact on future use of biosolids as a renewable fuel.  The rule has triggered the development of new Clean Air Act (CAA) standards for SSIs.  Though NACWA has not seen the draft emission limits, EPA is estimating that more than 25 percent of the current utilities that practice incineration will shut down rather than upgrade to meet the new limits and send their sludge to a landfill.  NACWA urged Silva and his staff to remain engaged in the rulemaking process to ensure that both EPA’s waste and air offices understand the wastewater-specific issues and acknowledge that the 40 CFR Part 503 biosolids management regulations should govern.

EPA also expressed an interest in NACWA and the drinking water organizations exploring the possibility of a joint water-energy nexus forum with the involvement of EPA — an issue that NACWA will explore further with Agency staff, other key stakeholders, and NACWA members.

NACWA Comments on EPA’s Proposed Changes to Analytical Methods

NACWA submitted comments this week on a June 23 EPA proposal to modify its National Pollutant Discharge Elimination System (NPDES) regulations to require permit-holders to use analytical methods that are “sufficiently sensitive” when completing permit applications and when performing sampling and analysis pursuant to monitoring requirements in their permits.  The issue of sufficiently sensitive methods was first raised when EPA issued new, significantly more sensitive methods for analyzing mercury that were capable of detecting mercury at levels below current water quality criteria levels.  EPA issued a policy memo indicating that all permit-holders with the potential to discharge mercury should provide data with their NPDES permit applications using methods of sufficient sensitivity to indicate whether the discharge was above or below the criterion value.

EPA’s June 23 proposal seeks to make that policy clarification for mercury a part of the NPDES regulations and applicable to all pollutants, not just mercury.  While NACWA’s comments supported the goal of ensuring NPDES permits were based on accurate analytical results, several concerns were raised about the timing of EPA’s proposal and the way in which EPA was incorporating the new requirements into the regulations.  NACWA’s overarching concern is that EPA’s proposed action seems premature given the Agency’s ongoing assessment of the recommendations from the Federal Advisory Committee on Detection and Quantitation, which EPA convened in 2005 and on which NACWA was an active participant, regarding the need for a new and consistent definition of method detection level and minimum level, among other things.  The June 23 proposal relies heavily on the minimum level concept, despite the fact that most stakeholders, including the states and EPA, believe the current minimum level definition is flawed.  In addition, the proposed rule appears to require the use of methods that have not been approved by EPA through the 40 CFR Part 136 process and that may not have undergone validation or any other scientific review.  Similar concerns were raised by other stakeholders and NACWA will be seeking a meeting with EPA to discuss the Agency’s next steps.

EPA to Release Stormwater Information Request Next Week, NACWA to Comment

EPA is expected to send out an Information Collection Request (ICR) to select municipal stormwater utilities next week as part of the Agency’s efforts to gather information for its stormwater rulemaking process.  Utilities will be provided utilities with 60 days to complete the ICR questionnaire.   NACWA believes that the 60 day response window is not a sufficient enough time for utilities to complete the survey, particularly at a time when many utilities are suffering from staff and resource shortages.   Accordingly, NACWA and a number of other municipal and state organizations are coordinating on a joint request to EPA asking for additional time for utilities to complete the ICR.  The request will also ask EPA to disclose the names of all stormwater utilities that are sent the ICR.   Additionally, NACWA members that receive the ICR are asked to contact Nathan Gardner-Andrews, NACWA’s General Counsel, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it so that we can develop a list of Association members completing the ICR questionnaire.

The ICR will be sent to approximately 600 stormwater utilities regulated under the National Pollutant Discharge Elimination System (NPDES) program and around 900 federally non-regulated utilities.  The ICR will request a variety of information from stormwater utilities including specific components of current stormwater control programs, current stormwater management practices, and the extent of oversight regarding new and redevelopment projects.  It is important to note that not every stormwater utility will receive the ICR, but those that do are required by law to complete the questionnaire.  Additional information on the ICR can be found on EPA’s website.

One Voice for Clean Water Video Debuts Nationally on NACWA Website

The Association is pleased to present its new video — NACWA, One Voice for Clean Water.  The video, which premiered at the Association’s 2010 Summer Conference & 40th Anniversary Annual Meeting in San Francisco last month, can now be viewed on NACWA’s homepage.  NACWA, One Voice for Clean Water distinguishes the Association as the preeminent advocacy organization representing the interests of the clean water community.

The video features members’ views on the value of membership while reinforcing the Association’s commitment to effectively and proactively represent the clean water community on Capitol Hill, at EPA, and in the Nation’s courtrooms.  The video will maintain a prominent place on the front page of the NACWA website – and potentially other internet locations – and will play a pivotal role in the Association’s membership development and retention efforts.  We encourage you to view the video and share it with non-member colleagues who would benefit from Association membership.

NACWA Urges Agencies to Visit Members of Congress during August Recess

NACWA would like to underscore the importance of public agency members scheduling meetings and site visits with their Members of Congress during August recess.  As referenced in Advocacy Alert 10-24, doing so will help focus attention on priority Clean Water Act (CWA) issues, including energy recovery, CWA affordability, funding, and climate change.  To assist in these discussions, the Advocacy Alert provides NACWA members with a set of key talking points on these priority issues to use in these visits.  If you require any assistance in arranging meetings or have any other questions please don't hesitate to contact John Krohn, NACWA's Manager of Legislative Affairs, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .