September 25, 2015

Final Rule Requires E-Reporting of NPDES Monitoring Information

The EPA’s Office of Enforcement & Compliance Assurance (OECA) finalized the National Pollutant Discharge Elimination System (NPDES) e-Reporting Rule yesterday. The final rule  requires that NPDES regulated entities provide monitoring information electronically, rather than via paper reports as was done previously. The Agency will implement the requirements in two phases, with Phase I beginning one year after the effective date of the final rule, and Phase II beginning 4 years thereafter. Discharge Monitoring Reports (DMRs) will need to be electronically filed with EPA, or authorized NPDES programs, within Phase I. Additionally, those permitted under the Federal Biosolids Program will be required to submit their Sewage Sludge/Biosolids Annual Program Reports directly to EPA as part of Phase I. Electronic submission of the remaining reports will begin five years after the effective date of the final rule, in Phase II. These include:

• General Permit Reports (NOIs, NOTs, NOEs, etc.)
• Municipal Separate Storm Sewer System (MS4) Program Reports
• Pretreatment Program Reports
• Sewer Overflow/Bypass Event Reports
• Sewage Sludge/Biosolids Annual Program Reports (where the state is the authorized NPDES program)
• CWA section 316(b) Annual Reports

The Association submitted comments  on the original proposal, as well as comments  on the subsequent supplemental notice in January 2015. NACWA’s comments were based on feedback from Member Agencies affected by these changes. EPA lengthened the overall implementation period in the final rule, heeding NACWA’s comments, which pointed out that the roughly two years originally allotted for complete rule compliance was an overly aggressive timetable and would have put many permittees at risk for non-compliance. The Association is reviewing the complete final rule and will release a more detailed analysis in an Advocacy Alert next week.

Opposition to Great Lakes Legislation Broadens

The American Water Works Association (AWWA) joined the chorus of opposition this week to controversial legislation involving the Great Lakes, submitting a letter  to the Senate Appropriations Committee leadership urging removal of Section 428  from the Senate’s FY2016 appropriations package for EPA. AWWA argues that the provision would establish “…a new and immediate standard for treatment of wet weather flows, and by setting a new and immediate deadline for combined sewer overflow abatement, this legislation will undo decades of federal, state, and local government planning, design, and construction.” AWWA goes on it say, “These provisions will throw into upheaval local water infrastructure investment strategies throughout the Great Lakes region.” The letter also makes clear that this proposal would have severe and negative impacts on ratepayers, decreasing opportunities to invest in other priorities like drinking water infrastructure and green infrastructure.

NACWA welcomes the voice of the drinking water community on this critical issue and continues to meet with congressional offices and other stakeholders to voice its opposition. If your utility is affected by this proposal, please send a letter to your congressional delegation opposing the inclusion of this language in the final appropriations package. For a template letter and more information about the Great Lakes legislation please visit this resources page. Should you have any questions, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Senior Legislative Director.

Water Sector Requests Extension to Protect Chemical Shipments

NACWA joined several other water sector associations in requesting that Congress extend the deadline for full implementation of the Positive Train Control (PTC) rule that is scheduled to take effect on December 31. Deliveries of chlorine gas and anhydrous ammonia to water and wastewater utilities could be disrupted, since railroads not in compliance with the PTC will not be able to transport these chemicals, and many railroads have stated that they will not meet the deadline. NACWA and the American Water Works Association (AWWA), Association of Metropolitan Water Agencies (AMWA), the National Association of Water Companies (NAWC), and the Association of California Water Agencies (ACWA), sent letters to the Senate Committee on Commerce, Science, & Transportation  and the House Committee on Transportation & Infrastructure , requesting that a PTC extension be passed as soon as possible to avoid uncertainty for water utilities that rely on these chemicals for disinfection. The Senate has already overwhelmingly approved a three-year PTC extension as part of the ‘DRIVE Act’. NACWA will notify members if Congress finalizes an extension.

Watershed RDA Stormwater Petitions Filed

Late last week, the Natural Resources Defense Council (NRDC), American Rivers, the Clean Air Council, and local Waterkeeper groups filed four petitions asking EPA to exercise their residual designation authority (RDA) to permit private commercial, industrial, and institutional (CII) sites whose unpermitted stormwater discharges are contributing to violations of water quality standards. The petitions were filed in EPA Region 9 for the Dominguez Channel  and Los Cerritos  watersheds in Los Angeles, and with EPA Region 3 for Back River  watershed in Baltimore and Army Creek  watershed in Delaware. The petitions cite the fact that “municipalities bear the brunt of legal requirements to address the impacts of stormwater runoff pollution” under the current regulatory program, but further note it is necessary to manage runoff from areas such as CIIs outside a municipality’s control in order to fully address water quality impairment.

In 2013, these groups filed similar RDA petitions with EPA Regions 1, 3, and 9, which were all denied. NACWA has previously noted that the RDA concept is worthy of additional consideration as a method to better address water quality impairments from unregulated stormwater dischargers, and will closely track developments involving the most recent RDA petitions.

Associated Press Planning Water Issues Series

The Associated Press (AP) is planning a seven-article series on water issues impacting the United States. The series will focus on a variety of topics including drought issues in the West, wet weather concerns, and the challenges from aging infrastructure that communities are facing nationwide. NACWA CEO Adam Krantz was interviewed this week by the AP for a video segment that will accompany the articles. The Association has recommended that the AP conduct follow-up interviews with a number of key utilities across the country. The articles will likely be published in October, although specific timing is unclear at this time. Utilities contacted by the AP for interviews are asked to inform NACWA’s General Counsel & Director of Public Affairs, This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Discusses Stormwater Rulemaking with States

The Association of Clean Water Administrators (ACWA) met with NACWA this week to discuss issues around the Phase II stormwater rulemaking underway at EPA. ACWA members, which include the state water programs that implement surface water protection programs, would be ultimately responsible for implementing any changes to the Phase II program. NACWA and ACWA agreed that both municipal stormwater utilities and state water regulators have significant interest in the rulemaking effort, and that any significant changes to the current regulations could have negative impacts on both utilities and states. The two associations will continue to communicate and coordinate where possible as the rule is proposed this winter.

100+ Conservation Groups Urge Funding for Critical Conservation Programs

NACWA recently joined over 100 conservation groups in a letter  to House and Senate appropriators urging that critical conservation programs supported through the U.S. Department of Agriculture (USDA) receive full funding support in the FY 2016 budget agreement. Programs such as the Environmental Quality Incentive Program, the Conservation Stewardship Program and the Regional Conservation Partnership Program provide resources to help farmers install and maintain conservation practices in order to address crucial conservation issues such as water quality and habitat loss. The proposed FY16 spending packages in both the House and Senate propose cutting these programs, which would slow down conservation progress on private lands. NACWA is committed to preserving these important programs.

See you in the Windy City for WEFTEC15

NACWA looks forward to seeing many of its Member Agencies in Chicago next week at WEFTEC15. The Association will again collaborate with WEF to convene the Utility Leaders Morning on Tuesday, September 29, in Room S105abc at McCormick Place South. This event will feature the NACWA/WEF Water Policy Breakfast (8:00 am – 9:45 am), which Ken Kopocis, Deputy Assistant Administrator for the Office of Water, will keynote. The session will also examine critical issues, including controversial Great Lakes legislation, and feature a question and answer session with key EPA staff. The morning will continue with the WEF/NACWA Utility Executives Forum from 10:00 am – 12:00 pm, which will focus on transformational change for water utilities and the sector broadly. The Forum will be keynoted by Jeff Malehorn, President & CEO of World Business Chicago.

Space for the Utility Leaders Morning is limited. Reserve your spot today. For ease of response, we have made the RSVP available for both the Breakfast and Forum. An agenda  is available for the NACWA/WEF Water Policy Breakfast.

Correction: Year at a Glance . . . NACWA by the Numbers
NACWA's 2014-2015 Year at a Glance incorrectly characterized the cost savings to Lima, Ohio resulting from its integrated plan. While savings to the City over the span of the decree will be substantial, the $140 million figure cited was incorrect. We apologize for the error.

• Register for the NACWA/WEF Water Policy Breakfast & Utility Executives Forum at WEFTEC15 on September 29 beginning at 8:00 am.
• Apply today for NACWA's 2016 National Environmental Achievement Awards . Application deadline: September 30, 2015.
  
• Become a participating organization in Imagine a Day Without Water, October 6-8.
  
• Register for the Southeast Stormwater Association's (SESWA) 10th Annual Regional Stormwater Conference October 14-16.
• RSVP for the next NACWA Communications & Public Affairs Committee Call, October 14, from 2:00-3:30 pm Eastern.
• Register for a listening session to provide feedback on the Ten Attributes and Five Keys to Effective Utility Management Success. Sessions are either October 15 , 2:00-3:30 pm Eastern or October 20 , 12:00-1:30 pm Eastern.
• Register today for the American Water Summit: Scalable Solutions, October 20-21 at a special discounted Public Agency rate .
• Register for NACWA's 2015 National Clean Water Law Seminar, November 4-6 in Henderson, NV.
  
• Submit a proposal for the U.S. EPA 2015/2016 Urban Waters Small Grants by November 20, 2015.
• Register for the International Water & Climate Forum, December 7-9.
  
  

This week, discussions on NACWA's online network, Engage™ have included:

• Utility Test Bed Network
• Medical Waste
• Education Grants or Funding Sources
• Industrial Pretreatment Zero Discharge Permits
• Private Capital and GWI

A discussion on the upcoming Communications & Public Relations Committee meeting is also taking place on the Communications Professionals Forum. Now is the time to dive in to Engage™! If you would like to learn more about Engage™ or have questions on this unique online community, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director of Marketing & Digital Media at 202/533.1802.