» Clean Water Current Archive

September 24, 2010

NACWA to Meet With Department of Justice Regarding Federal Stormwater Fees

NACWA has secured a meeting next week with high-ranking officials at the U.S. Department of Justice (DOJ) to advocate the Association’s position that stormwater and wastewater fees charged to federal government facilities, particular fees based on impervious surface area, qualify as reasonable service charges under the Clean Water Act and must be paid by federal facilities.  The meeting comes in response to a letter sent by NACWA two weeks ago to the DOJ’s Office of Legal Counsel presenting the Association’s legal and policy arguments that impervious area charges and stormwater charges levied by municipal wastewater and stormwater agencies should be classified as fees for service and not as taxes — a finding that would result in federal facilities being required to pay these charges.   The letter further requested that DOJ issue a legal opinion outlining how impervious area charges and other stormwater fee programs can be structured to ensure they are considered a fee and not a tax so that municipalities can be assured that federal facilities will pay their appropriate share.  NACWA will use next week’s meeting as a further opportunity to advance its members’ interests and explain the national importance of this issue for clean water and stormwater utilities all across the country.  The Association anticipates that DOJ will release a legal opinion regarding the matter shortly after the meeting and will report to the membership on any developments.

NACWA Members to Testify at House Hearings Next Week on Recovery Act Implementation and Green Infrastructure

NACWA members will be testifying next week on behalf of municipal clean water agencies at two hearings.  The first is a hearing on Wednesday, September 29 at 10:00 am before the House Transportation & Infrastructure Committee on American Recovery and Reinvestment Act of 2009 (ARRA) implementation.  Jeff Theerman, NACWA President and Executive Director of the Metropolitan St. Louis Sewer District, will testify on behalf of the Association and will discuss how his utility put ARRA funding to work in his community –  but also to express the need for additional funding and smarter investment to address the expanding clean water needs that municipalities are facing from coast-to-coast.  

Howard Neukrug, Director of the Office of Watersheds at the Philadelphia Water Department, a NACWA member agency, will testify before the House Subcommittee on Water Resources & Environment on Thursday, September 30 at 10:00 am at a hearing on green infrastructure (GI) issues.  Neukrug will underscore the importance of GI as a technique to help mitigate the impacts of sewer overflows and stormwater concerns.  NACWA has been at the forefront of helping to shape, and garner over 40 co-sponsors for, legislation (H.R. 4202) that was introduced by Rep. Donna Edwards (D-Md.) that would help fund municipal GI projects and ensure that there was a viable, long-term GI program at EPA. 

NACWA will update members next week through the Current about each hearing and any additional developments regarding the two pieces of legislation.  Should you have any questions, please contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Cautions EPA on Potential Changes to Water Quality Standards Regulations

NACWA commented this week on a request for input on several potential changes to EPA’s water quality standards (WQS) regulations.  According to EPA, it initiated the effort in an attempt to clarify and include more specificity on the Agency’s WQS review and approval process and to improve consistency in implementation.  This is not the first time EPA has proposed to make revisions to its WQS regulations.  In July of 1998, the Agency issued an Advanced Notice of Proposed Rulemaking (ANPRM) on the WQS program, seeking comment on a long list of potential changes.  NACWA submitted extensive comments at the time, as did many other stakeholders, but EPA took no further action on the issues identified in the ANPRM. 

EPA’s new list consists of six potential revisions and was culled from a longer list of more than 100 potential changes contained in the 1998 ANPRM.  Specifically, EPA is now proposing to make targeted changes to the provisions on anti-degradation, designated uses, triennial reviews, and variances, as well as clarifying what constitutes an “Administrator’s determination” on whether federal water quality standards are required (additional detail on the proposed changes was provided to the membership via Advocacy Alert 10-23).  NACWA’s letter underscored that EPA should revise the WQS regulations only when there is a clear need to modify or clarify existing requirements.  While NACWA agrees with some of the changes EPA is proposing, the Association generally believes that they do not warrant significant revisions to the WQS regulations at this time.  For most of the areas the Agency is targeting, additional guidance to the states, instead of new regulatory provisions, would suffice.  EPA staff will be briefing Office of Water management at the end of September on the input it has received so far.  The Agency is targeting next summer for issuing its proposed WQS rule.

NACWA Highlights its 2009-2010 Accomplishments in its Year-At-A-Glance Publication

NACWA membership renewal notices were mailed to all members this week.  The mailing included the 2009-2010 Year At-A-Glance – an overview of our collective accomplishments, milestones and highlights from this past year’s advocacy and member services activity.  Only through the participation and support of the Association’s members are we able to make the significant progress toward NACWA’s strategic goals that are exemplified in the Year-At-A-Glance.  While these accomplishments are numerous, they offer only a snapshot into NACWA’s active engagement on behalf of the clean water community.  The Association has made both the Year-At-A-Glance and a more detailed report, the 2009-2010 Year in Review, available online in a convenient “flip-book” format.  We invite you to read all about it at www.nacwa.org/Year in Review. 

NACWA Provides Input to EPA on Electronic Reporting Rule

NACWA weighed in this week on EPA’s plans to propose a rule requiring more electronic reporting in the National Pollutant Discharge Elimination System (NPDES) permitting program.  EPA staff briefed state and local representatives September 15 on the changes the Agency is considering to improve the efficiency of permit-related reporting and increase access to the information.  EPA staff is scheduled to meet with Office of Water management at the end of September to identify what new requirements the proposal, which is expected to be issued in May 2011, will include.  NACWA’s comments outlined several preliminary thoughts for EPA to consider as it determines how to proceed. 

NACWA’s letter supported EPA’s efforts to improve environmental management decisions by making information more accessible to regulators, but emphasized that data quality should remain a top priority.  Past efforts to make environmental compliance information more accessible, most notably through the Agency’s online ECHO database, have been plagued with errors.  Data quality is essential for information that will ultimately be viewed by the public, and NACWA’s letter underscored that any proposal to increase electronic reporting and data availability must also include a robust plan for assuring the quality of that data.  This is particularly important when presenting information on NPDES permit violations given the potential for third party lawsuits under the Clean Water Act’s citizen suit provision. 

There was no official comment period for this initial input-gathering step, but EPA did hold a series of listening sessions to seek comments from stakeholders and the public.  EPA also launched an NPDES reporting rule website that provides a discussion forum for stakeholders to weigh in throughout the rulemaking process.  NACWA will follow the Agency’s development efforts and seek comments from its members when the proposal is released next year.  EPA is expecting to publish a final rule in September 2012.

NACWA Hosts Meeting of Municipal Organizations to Discuss Top Priorities

NACWA hosted a discussion this week of key municipal organizations, including theNational League of Cities (NLC), the National Association of Counties (NACO), the National Rural Water Association (NRWA), the American Public Works Association (APWA), and the American Water Works Association (AWWA), for an informal discussion of the Association’s priorities and to identify issues that the groups can join forces to address.  Topping the list was the need to address Clean Water Act (CWA) affordability concerns and to get a better approach to prioritizing CWA projects.  There was significant interest in participating in a conference or summit on affordability issues that NACWA is considering convening in early 2011 following the November elections.  The organizations also expressed significant interest in NACWA’s stormwater and nutrient advocacy efforts as well as in a potential partnership to explore the increasing focus on energy-water nexus concerns, from both the wastewater and drinking water perspectives.  NACWA holds these municipal meetings bi-monthly and will continue to report to the membership on areas where the municipal community is working in partnership on clean water issues.    

Deadline for the NEAA Nominations Is Just Two Weeks Away . . . Apply Today!

The deadline to apply for the 2011 National Environmental Achievement Awards (NEAA) is Friday, October 8, 2010 so please make every effort to get your applications in if you have not done so already.  The NEAA Program recognizes individuals and NACWA member agencies that have made outstanding contributions to environmental protection and the clean water community.  Please visit our website for more information on the NEAA award program, application guidelines and criteria or to get a copy of the application.   Please contact Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or at 202/833-1449, with any questions regarding the 2011 NEAA program.  Applications are due Friday, October 8, 2010.