Clean Water Current - July 16, 2010

July 16, 2010

NACWA Weighs in with EPA on Need for SSO Rule

NACWA commended EPA for its new effort to collect information on the need for a national sanitary sewer system rule during remarks at a public listening session in Washington, D.C. earlier this week. Since announcing in a June 1 Federal Register notice that it was soliciting input on a range of collection system and peak flow issues, the Agency has held four listening sessions across the country and one web-based session to hear from stakeholders and the public on the need for a national sanitary sewer system rule. The D.C. listening session was well-attended with a number of NACWA member agencies also providing statements.

One of the top issues EPA has sought comment on is whether to address the issue of peak flow treatment or blending separately or as a component of the larger rulemaking on sanitary sewer system management. NACWA’s statement made it clear that “the management of peak flows at the treatment plant must be addressed as a component of the sanitary sewer system rulemaking…” as it is “inextricably linked to collection system management.”

The general consensus from all of the listening sessions, each of which NACWA attended, was that a national rule was needed and that the utility community generally supports standard permit conditions that include management, operation and maintenance provisions, consistent reporting and notification requirements, and the development of a capacity assurance plan. NACWA’s remarks cautioned EPA that development of these Clean Water Act (CWA) permit conditions should be done carefully to ensure the federal program overlay does not cause significant disruption in the existing programs that have been put in place over the ten year period since EPA last attempted to develop sanitary sewer system rules. NACWA provided its view on several key issues stating that there still needed to be a clear definition of sanitary sewer overflow (SSO) and that collection systems should not be defined as a part of the treatment system. NACWA noted that these must be addressed before EPA can issue a final rule.

One major issue that will require significant additional discussion is the appropriate way to address satellite collection systems under a new national rule. NACWA stated that it supports issuing permits directly to satellite communities, but also recommended that EPA study the existing programs and agreements that are in place in many communities that govern the relationships among the regional treatment authority and its satellite communities. The Association is currently working to develop written comments in response to the June 1 notice that will be submitted to the Agency by the August 2 deadline. NACWA also encourages members to weigh in with comments and to share these with NACWA as well.

Representative Norton Introduces Bill Requiring Federal Payment of Stormwater Fees

Rep. Eleanor Holmes Norton (D-D.C.) this week introduced legislation (H.R. 5724) that seeks to clarify the federal government’s responsibility to pay reasonable fees for stormwater management services provided by local utilities. The legislation, introduced at the urging of NACWA and its member agency DC Water, is a companion bill to S. 3481, introduced recently by Senator Ben Cardin (D-Md.). Both bills seek to clarify that fees charged for the control and abatement of water pollution, including stormwater management fees, shall not be considered a tax and, therefore, must be paid by federal agencies pursuant to their obligations under the Clean Water Act (CWA). The issue gained attention in April when the General Services Administration (GSA) delivered a preliminary determination that federal facilities located in Washington, D.C. are not required to pay impervious area charges levied by the local municipal sewer authority. The GSA claimed that the fee amounts to a tax on the federal government and, as such, is unconstitutional. To view the legislation and NACWA’s press release expressing its strong support, please visit NACWA’s stormwater management webpage. NACWA’s press release can be viewed here.

NACWA President Kevin Shafer to Provide Remarks at Capitol Hill Briefing on Water Trust Fund

The Water Protection and Reinvestment Act of 2009 (H.R. 3202) will be the focus of a congressional briefing on July 26, featuring elected officials, utility leaders and other stakeholders convening to underscore the importance of advancing water trust fund legislation. Kevin Shafer, Executive Director of the Milwaukee Metropolitan Sewerage District and NACWA President will be participating in the briefing. Joining Kevin will be Shirley Franklin, former Mayor of Atlanta (2002-2010) and an ardent supporter of federal clean water infrastructure funding; Ken Simonson, Chief Economist, the Associated General Contractors; Paul I. McDonnell, Senior Vice President, United Rentals; and Maria Hale, Director of National Restoration and Water Resources Campaigns at the National Wildlife Federation. The briefing has already garnered significant attention with nearly 50 Capitol Hill staff expected to attend. NACWA continues to urge members to contact their congressional delegations and ask their support of H.R. 3202 through co-sponsorship.

At the same time, WIN member organization Food & Water Watch (FWW) is pursuing the introduction of a water trust fund bill in the Senate as part of the group’s “Renew America’s Water” campaign. FWW has been targeting Senators in New Mexico, Rhode Island, Oregon and Wisconsin, encouraging them to introduce legislation that would raise $25 billion annually by levying a one-cent per ounce tax on water-based beverages such as bottled water and soft drinks. In line with its campaign, FWW may be reaching out to NACWA utility members for input into their effort, helping to advance NACWA’s goal of raising Senate awareness for such legislation.

NACWA Provides Input into Mayors’ Clean Water Act Affordability Effort

This week, NACWA and several of its members participated in a conference call hosted by the U.S. Conference of Mayors (USCM) to review several white papers that are the basis for a request from USCM to EPA Administrator Lisa Jackson to clarify the Agency’s approach to Clean Water Act (CWA) affordability. The papers were organized into four topics related to selecting/prioritizing sewer overflow control projects: 1) financial capability; 2) green infrastructure; 3) environmental benefit; and, 4) carbon footprint/climate change. These papers are being edited in line with input provided by the group and will serve as detailed background documents for a series of brief, specific action requests that the USCM will provide to Administrator Jackson. The goal is to have Administrator Jackson agree to the requests and use them as the basis of a letter from her to EPA’s Regional Headquarters clarifying how affordability assessments should be conducted. The USCM hopes to have this letter written and sent before the end of this year. NACWA and several of its members were pivotal in crafting the USCM’s initial issue papers with support from the Association’s Wet Weather Advocacy Fund. NACWA staff and members will be highly involved in the final editing process for the papers and the drafting of the specific requests. When the documents are finalized, NACWA will make them available to the membership.

On a related note, it is critical to bolster NACWA and the USCM’s efforts on affordability with compelling case studies. As such, NACWA sent Advocacy Alert 10-17 to its members last week and continues to urge members to complete a brief online survey requesting information on the Clean Water Act affordability challenges public agencies are facing. Please complete the online survey by August 6 if you have not already done so. Thanks in advance for your input. It is critical to the successful implementation of the Association’s Money Matters campaign.

EPA Updates NACWA on Implementation of BEACH Act Litigation Settlement

NACWA received a status report July 14 from EPA regarding implementation of the settlement agreement in the Natural Resources Defense Council v. EPA (BEACH Act), outlining key actions taken by the Agency over the past six months to meet the terms of the agreement. NACWA played a major role in 2008 to help negotiate the settlement. The update consisted of a consent decree status report and a settlement agreement status report discussing recent EPA efforts under the settlement, as well as planned actions for the rest of 2010. The reports indicate that during the first half of 2010, EPA has continued work on a number of epidemiological studies at marine and freshwater beaches, explored the creation of new test methods, and engaged in additional scientific research related to recreational water quality criteria. EPA is also planning a web seminar for the second half of 2010 to provide interested stakeholders with an update on the Agency’s research activities. They have also begun preparations for an additional stakeholders meeting in 2011. EPA will also hold an Experts Scientific Workshop in 2011 to thoroughly review the results of the Agency’s BEACH Act studies and determine what additional science and research may be needed for development of new, scientifically sound recreational water quality criteria. NACWA plans to participate in all future stakeholder meetings. Under the terms of the settlement agreement, EPA is to complete all research and develop new recreational water quality criteria by the end of 2012. More information on the litigation and NACWA’s role can be found on the Association’s Litigation Tracking web page. Another status update from EPA on implementation of the settlement is expected in January 2011.

EPA Holds Public Meeting on NPDES Electronic Reporting Rule

On Tuesday, NACWA participated in a public meeting on a new rule from EPA requiring National Pollutant Discharge Elimination System (NPDES) permittees to submit their discharge monitoring reports, and potentially other Clean Water Act-related information, electronically. EPA indicated that such electronic reporting would reduce the cost of processing paper forms, improve the quality and accuracy of the data, and increase accessibility and transparency of this data to the public. EPA launched an NPDES reporting rule website this week, which includes a discussion forum to allow stakeholders to comment on the rulemaking. NACWA will follow the Agency’s development efforts and seek comments from its members at the appropriate time. EPA is expecting to propose the rule in May 2011 and publish a final rule in September 2012.

Association Hosts Summer Conference & 40th Anniversary Annual Meeting Next Week

NACWA will host its 2010 Summer Conference & 40th Anniversary Annual Meeting next week. Attendance is strong – and the conference program looks to be exceptional. The Association wishes a safe trip to its members traveling to San Francisco for the conference. We look forward to seeing you – and learning more about your perspectives and priorities when we meet. Please visit NACWA’s website for the updated agenda and registration materials and plan now to join us for the celebration of NACWA’s four decades of clear commitment to America’s water!