» Clean Water Current Archive

October 8, 2010

NACWA Participates in Council on Environmental Quality’s GreenGov Symposium

NACWA participated this week in the first GreenGov Symposium sponsored by the White House Council on Environmental Quality at the George Washington University in Washington, DC.   The Association  participated in a panel discussion on climate change adaptation strategies related to the management of water resources and presented the findings of the report NACWA commissioned along with the Association of Metropolitan Water Agencies (AMWA) — Confronting Climate Change:  An Early Analysis of Water and Wastewater Adaptation Costs .

The 2010 GreenGov Symposium represents the first time the Obama Administration brought together leaders from federal, state and local governments, nonprofit and academic communities, and the private sector to identify opportunities around greening the Federal Government.  During the three-day educational event, participants shared challenges and best practices, and discussed cutting-edge approaches for the future.  The Symposium is focused on the performance goals set by President Obama in Executive Order 13514 on Federal Leadership in Environmental, Energy, and Economic Performance signed on October 5, 2009.  The Executive Order commits the federal government to leading by example in its operations by requiring federal agencies to set greenhouse gas reduction targets, increase energy efficiency, reduce fleet petroleum consumption, conserve water, reduce waste, support sustainable communities, and leverage  purchasing power to promote environmentally responsible products and technologies.

NACWA Moves Forward on Legislative Fix to Federal Stormwater Fee Issue

Now that the Government Accountability Office (GAO) has issued a limited decision on federal facility payment of stormwater fees to the D.C. government (see October 1 Clean Water Current), NACWA quickly shifted focus to move forward on efforts to require federal payment of stormwater fees through national legislation.  NACWA staff met with Senator Ben Cardin’s (D-Md.) office to discuss next steps on getting Congress to act on this issue before they adjourn later this year.  Senator Cardin, Chair of the Water & Wildlife Subcommittee of the Senate Environment & Public Works Committee (EPW), has sponsored legislation requiring the federal government to pay these fees (S. 3481) and has included similar language in legislation focused on cleaning up the Chesapeake Bay (S. 1816).  Meanwhile, S. 1816 is now part of a larger package of bills focused on public lands and watershed restoration efforts in other parts of the country while S.3481 may be able to be moved as part of a broader omnibus budget package later this year.   Both these pieces of legislation passed the Senate EPW Committee in June.   Meanwhile in the House, NACWA worked with Congresswoman Eleanor Holmes Norton (D-D.C.) to introduce companion legislation (H.R. 5724) to S. 3481.  NACWA will work with Senator Cardin, Rep. Norton, and other key Congressional offices to ensure passage of this language before the 112th Congress adjourns.

EPA Unveils SRF Sustainability Strategy and its FY 2011-2015 Priorities

EPA unveiled two documents this week, its Clean Water and Drinking Water Infrastructure Sustainability Policy , which seeks to further link state revolving fund (SRF) project dollars to sustainable community planning, and its Fiscal Year 2011-2015 EPA Strategic Plan described as a “blueprint for accomplishing [Agency] priorities for the next five years.”

The SRF sustainability policy, which EPA discussed at NACWA’s Hot Topics Breakfast at WEFTEC earlier this week (see related story),  while leaving decision-making for choosing priority SRF projects entirely to states, seeks a closer working relationship between EPA, states and municipalities “to encourage additional practices, including up-front planning, effective utility management, asset management, integrated water resource management, and energy management to build a ‘pipeline’ of sustainable projects eligible to receive federal SRF . . . funding.”  The policy also notes EPA’s intent to develop “guidance for utilities describing how they should enhance system-wide planning processes including consideration of other community sustainability goals, life-cycle cost analyses, and alternatives, such as natural or ‘green’ systems.”  NACWA members were involved in providing input into the development of this policy, especially the inclusion of references to the work the Association did in conjunction with other key groups on effective utility management,  and will also ensure its voice is heard in the development of the guidance referenced in the policy.

Also this week, EPA released its Fiscal Year 2011-2015 EPA Strategic Plan .  This strategic plan doesn’t differ significantly from its previous five-year plan but it is important to note the order of the five strategic priorities contained in the plan: 1) taking action on climate change and improving air quality; 2) protecting America's waters; 3) cleaning up communities and advancing sustainable development; 4) ensuring the safety of chemicals and preventing pollution; and 5) enforcing environmental laws.  NACWA will be reviewing this plan more thoroughly and will provide additional details from it in the next Regulatory Update.

NACWA Brings Public Utility Message to WEFTEC 2010 in New Orleans

NACWA brought the public clean water agency message to WEFTEC 2010 in New Orleans this week through its Clean Water Advocacy Center (CWAC) and it Hot Topics Breakfast featuring key EPA officials.  The CWAC featured two Ben Franklin ‘interpreters’ who helped attract attendees to the booth where visitors received Money Matters — Smarter Investment to Advance Clean Water flyers and giveaways with the Money Matters logo prominently displayed.  For more information on the Money Matters campaign visit the NACWA homepage and click on the Money Matters icon.

NACWA’s annual Hot Topics Breakfast drew over 60 NACWA members and other guests and featured comments from EPA’s James Hanlon, director of the Office of Wastewater Management; Benita Best-Wong, deputy director of the Office of Wetlands, Oceans, and Watersheds; and Jeff Lape, deputy director of the Office of Science and Technology.  Hanlon stated that EPA staff will be briefing Pete Silva, Assistant Administrator for Water and Lisa Jackson, EPA Administrator, on the results of the listening sessions and comments regarding a potential comprehensive sanitary sewer overflow (SSO) policy.  The briefing, which is expected to occur within the next 60 to 90 days, will include staff’s recommendations on whether the Agency should proceed with developing a comprehensive SSO policy that includes the peak excess flow blending issue or whether peak excess flow blending should be addressed on its own.  Hanlon, however, did not state what the Agency’s recommendation would be but did say that the 2005 blending proposal continues to be the best thinking on the issue until a decision is made and a policy proposed.

The Chesapeake Bay and Gulf of Mexico restoration efforts and nutrients were also a topic of discussion at the NACWA-sponsored breakfast.  EPA has found that all of the Watershed Implementation Plans (WIPs) developed by the Chesapeake Bay watershed states are deficient — some more than others — and is working with the states to conform the WIPs to EPA’s standards.   While the Chesapeake Bay watershed states are required to meet total maximum daily load (TMDL) targets, EPA stated that a TMDL for the Gulf of Mexico watershed was not the preferred approach because the Gulf is a much larger, more complex watershed and is impaired mostly by nutrients from agriculture.

In other news, Hanlon unveiled the new State Revolving Fund (SRF) sustainability strategy (see related story), and also announced that EPA has updated its National Pollutant Discharge Elimination System (NPDES) Permit Writers’ Manual, which is available on EPA’s website.

Law Seminar to Address Key Affordability, Regulatory Issues

NACWA’s 2010 Developments in Clean Water Law Seminar is just around the corner and promises an engaging program that will address the most current legal issues facing clean water utilities, including a detailed analysis of emerging affordability and regulatory challenges.   The Seminar, scheduled for November 17-19 at the Inn at Loretto in Santa Fe, New Mexico, is the only legal education program of its kind designed specifically for clean water attorneys and utility managers.  Affordability concerns will take center stage at this year’s Seminar with two different panel presentations focusing on issues both within the context of recently negotiated consent decrees, as well as from the perspective of utilities implementing existing consent decrees.  The discussion will kick off with a panel featuring case studies from a number of NACWA member agencies that have recently completed consent decree negotiations, including lessons learned and advice on making effective affordability-based arguments.  The conversation will then continue with a second panel of NACWA members already under consent decrees but continuing to struggle with affordability issues as they implement their existing decrees.  The speakers on this panel will explore efforts by utilities – and the clean water community as a whole – to gain more legal and regulatory flexibility in prioritizing needed clean water investments.

Regulatory developments impacting wastewater and stormwater utilities will also receive substantial attention during the Seminar, including how emerging new regulations from EPA addressing nutrients, sanitary sewer collection systems, and stormwater could impact NACWA members.   EPA is also considering changes to existing regulations governing stormwater management standards, the incineration of biosolids, and water quality standards, all of which could significantly affect the operations of clean water agencies.  A panel of legal experts will discuss these potential changes and their implications on municipal utilities from both a legal and regulatory perspective.  Other topics to be addressed include a review of the most important Clean Water Act legal cases of the past year, a discussion of regional clean water developments and their national implications, and an overview of current enforcement trends confronting wastewater and stormwater utilities.

CLE Credits Available – Hotel Registration Deadline is October 25
As in past years, Continuing Legal Education (CLE) credits will be available for attorneys attending the Seminar, including ethics credits.  Additional information on those states offering CLE credit, registration and hotel information – as well as an updated Seminar agenda are available on NACWA’s website.  Hotel reservations must be made by October 25 to receive the discounted conference rate.  Don’t miss this opportunity to join your clean water colleagues for an engaging and informative program.  We hope to see you in Santa Fe!