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March 25, 2011
NACWA Members Participate in U.S. Conference of Mayors Meeting on EPA Wet Weather EnforcementSeveral NACWA members participated in a U.S. Conference of Mayors’ (USCM) Urban Water Council meeting this week to raise concerns over the growing costs associated with EPA wet weather enforcement activity and the lack of flexibility in the Agency’s interpretation of its existing financial capability guidance documents. The participants were primarily representatives of public wastewater treatment agencies, including various NACWA members, including Akron; Indianapolis; SD1 in Fort Wright, Ky.; and Cleveland. EPA’s Office of Enforcement & Compliance Assurance (OECA) was represented by Loren Denton, Acting Chief, Municipal Enforcement Branch, who referenced the important dialogue he had with NACWA members at the Money Matters Summit & Fly-In earlier in the month. EPA officials from Region 4 and 5 were also represented. The meeting’s purpose was to underscore the USCM’s continued push for a written memorandum from EPA Administrator Lisa Jackson to the Regions clarifying the broad flexibility contained in the Agency’s 1997 CSO Guidance for Financial Capability Assessment and Schedule Development. The Mayors had been successful in obtaining a December 8, 2010 letter from Cynthia Giles, Assistant Administrator of OECA, providing some helpful clarifications regarding the Agency’s interpretation of the guidance. The Mayors, however, do not believe this goes far enough absent specific directives to the Regions who carry out much of the enforcement activity. NACWA has strongly supported the Mayors’ effort and will continue to do so. OECA expressed an interest in continuing the dialogue, noting the ‘ball’ for any next steps was now firmly in their ‘court’ but did not provide any details on how far they were willing to go. The Mayors have begun to consider the need for legislative action on this issue and, as NACWA develops regulatory prioritization legislation as part of its Money Matters™ campaign, there is the possibility of further collaboration with the USCM on this effort. NACWA will keep members informed as of any new developments as they occur.
NACWA Meets with OMB to Discuss Need for a Clean Water Trust FundNACWA participated in a meeting this week – along with representatives from Congressman Earl Blumenauer’s (D-Ore.) office, the National Association of Regional Councils, Food & Water Watch, and law-firm Kelley and Weaver – with Kimberly Miller, an examiner with the Office of Management & Budget (OMB). Miller has responsibilities related to EPA’s budget, and demonstrated clear interest in discussing the viability of the creation of a national clean water trust fund. There was an expressed interest in future meetings to discuss the trust fund with more senior OMB officials due, in part, to the ongoing commitment of this Administration to water and wastewater infrastructure – as well as the need to explore innovative options as cuts to the state revolving funds (SRFs) become increasingly likely given political and budgetary realities. Despite the Administration’s limited commitment in its FY 2012 budget proposal to funding 5% of total national clean water funding investment, there is an interest in potentially seeking deficit-neutral methods of funding via a trust fund approach. NACWA emphasized the need for a continued partnership with the federal government on financing water and wastewater infrastructure – especially in light of the continuing and costly regulatory demands that EPA is placing on agencies. Blumenauer’s trust fund legislation in the 111th Congress (H.R. 3202) was also a focus of discussion. Recognizing that there is a role for the federal government to play, Miller noted that she would discuss the proposal with OMB leadership and help facilitate future discussions.
NACWA Urges Representatives to Support Recently Introduced Clean Water Affordability ActLast week Congressman Robert Latta (R-Ohio) introduced the Clean Water Affordability Act of 2011 (H.R. 1189). The legislation is co-sponsored by Congressmen Steven LaTourette (R-Ohio) and David McKinley (R-W.V.). NACWA worked closely with the Rep. Latta’s office over the past year as they examined the affordability issue and worked to develop legislation designed to provide relief to financially challenged communities with extensive clean water infrastructure needs. Immediately following the legislation’s introduction NACWA sent a letter of support The legislation, similar to bills introduced in the 111th Congress, would ensure that communities have the flexibility they need to advance clean water projects in a way that minimizes financial impacts on already stressed ratepayers and municipal budgets. Specifically, the legislation seeks to require EPA to use a broader set of criteria that more accurately reflects community financial challenges in determining financial capability. The proposal also seeks to extend the repayment period for a Clean Water State Revolving Fund (CWSRF) loan from 20 years to 30 years, and would provide communities up to 30 years for implementation of required investments. The bill would also require states to use 15 percent of CWSRF Funds for municipalities with 10,000 or fewer individuals that meet specified affordability criteria. NACWA looks forward to supporting this legislation and will provide our membership any updates as they occur.
NACWA Urges Members to Provide Comments to EPA on Regulatory Review, Provides NYCDEP’s Comments as an ExampleNACWA is urging its members to provide comments to EPA in its effort to gather input into how the Agency should implement President Obama’s January 18, 2011 Executive Order (EO) 13563, Improving Regulation and Regulatory Review. EO 13563 directs each federal agency to consider “how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome.” As the Agency’s webpage detailing this effort states, “EPA is beginning a new periodic retrospective review of our existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed, so as to make the Agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.” NACWA has participated in a prior listening session on this issue and plans to submit detailed comments to the Agency by the April 4, 2011 deadline. NACWA is also pleased to provide our New York DEP member agency’s comments on this issue as an example of very strong and detailed comments
NACWA Recommends Revisions to Greenhouse Gas InventoryNACWA submitted comments today to EPA regarding the Agency’s Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2009. The annual inventory provides nationwide estimates of greenhouse gas (GHG) emissions for various sectors, including wastewater treatment, and is intended to be used only for informational purposes. The wastewater treatment category in the Inventory includes centralized municipal wastewater treatment, septic systems, and industrial wastewater treatment systems, and consistently ranks in the top ten sectors for emissions of methane and nitrous oxide, although wastewater emissions are much smaller in magnitude than for the highest ranked categories. EPA made a few minor changes to the Inventory this year in response to NACWA’s previous comments. A breakdown of methane emissions from septic systems versus centralized treatment is now provided, showing that 82.5 percent of methane emissions from domestic wastewater are from septic systems. Corrections were also made to the equations used for calculating nitrous oxide emissions. No major changes were made to the methodology used in these equations, however, as NACWA has recommended for several years. The nitrous oxide emissions are determined through nitrogen loading values to POTWs, and NACWA believes that the loading value used by EPA is too high. In the past, NACWA has provided EPA with a literature review of nitrogen loading values to POTWs and has verified these literature values with a survey of 48 POTWs throughout the United States, but EPA has deemed this insufficient to change their values. NACWA’s comments this year reiterated that there is ample evidence in the literature to support lower nitrogen loading values and urges EPA to conduct its own study to develop more accurate nitrogen loading rates. NACWA also reminded EPA that with GHGs now regulated under the Clean Air Act, it is especially important that emissions be characterized correctly and that the Agency is consistent in using the Inventory for information only, and not for determining regulatory compliance.
SSO Workgroup to Review NACWA Position as EPA Makes Overture on Potential Facilitated SessionAfter EPA explored the possibility of initiating a rulemaking on sanitary sewer overflows (SSOs) last year, and collect public input on what a potential rule should include, the Agency stated earlier this year that budget challenges have stalled action on this issue. The issue, however, still remains a priority for NACWA – and its members expressed support at last month’s Winter Conference for moving forward with a petition to EPA for a rulemaking. During subsequent discussions with EPA staff, the Agency offered to review a NACWA proposal for a new SSO rule based on the Agency’s 2001 proposed rule. In another conversation last week, EPA staff offered to organize a one-day facilitated stakeholder session on the SSO issue. NACWA will be pushing the Agency to commit to this session in writing – and to schedule it as soon as possible. While awaiting further action from EPA, NACWA will continue to move forward. The group of leaders from key NACWA Standing Committees, who had worked on the Association’s draft petition for an SSO rulemaking last year, is currently discussing the Association’s positions on SSO-related issues and the steps that the Association will need to take to advance these issues with EPA. Discussions include a review of the work done by NACWA related to EPA’s 2001 proposed rule and the recommendations that Association made at that time to EPA. This workgroup will also be establishing a timetable for bringing a proposal to EPA – and for EPA response to the proposal – with the understanding that the petition prepared last year is ready to file if sufficient progress is not made. NACWA will keep members informed about progress as it is made regarding the SSO issue.
NACWA Urges Members to Complete Clean Water America Alliance Green Infrastructure SurveyThe Clean Water America Alliance is conducting a project for the Turner Foundation to engage utilities, cities, government agencies, nonprofit organizations, and the private sector in an important discussion on the future of green infrastructure policy and implementation. The Alliance invites you to participate in this important project by completing an online survey that seeks to collect data on current implementation efforts, as well as barriers to the more widespread use of green infrastructure. The data collected through the survey will be used to develop a report which will document the technical, legal/regulatory, financial, and community/institutional barriers to implementing green infrastructure initiatives and make recommendation on how to remove them. The Alliance will promote and distribute the report to all participants in the water sector, conservation communities, and key policy-makers, as well as other interested parties. Click HERE to start the survey and please note that the password to access it is “green”. NACWA encourages its members to participate in this effort and to complete the electronic survey by April 15, 2011. Responses are confidential and not for attribution. If you have questions, please contact the Alliance’s Kristyn Abhold at 202-533-1821 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
DOJ Guidance Clarifies Federal Payment of Stormwater FeesThe U.S. Department of Justice (DOJ) released a legal opinion One issue not directly addressed in the DOJ legal opinion is whether S. 3481’s requirement for federal payment of stormwater fees applies to any outstanding or past due payments that federal agencies may currently owe to stormwater utilities. It is NACWA’s position that, because S. 3481 simply clarifies an existing legal obligation under the CWA for federal facilities to pay stormwater charges, past due amounts are payable under the legislation. NACWA encourages stormwater utilities with outstanding charges to continue pursuing payment of those fees. NACWA will continue its efforts with DOJ, EPA, and the congressional sponsors of the legislation, to obtain additional clarification on this issue and will keep the membership updated.
EPA Responds to NACWA Pressure, Agrees to Comment Period on Stormwater MemoResponding to pressure from NACWA and other groups, EPA issued a notice NACWA will submit additional comments to EPA on the memo by the May 16 comment deadline, and also plans to meet with the Agency to further discuss the document and the joint municipal response letter. Any NACWA members with concerns about the November memo are also invited to submit their own comments. The more feedback EPA receives from the regulated community regarding the significant problems with the memo, the more likely they are to make changes or completely withdraw the document. Any members that comment on the memo are requested to send a copy of their submission to NACWA, as well e-mailing them to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Last Week for NACWA Members to Complete Survey on Treatment of Wastewater from Hydraulic FrackingFriday, March 31st will be the last day NACWA members can complete the Association’s survey on treatment of wastewater from hydraulic fracking operations. The survey can be found on NACWA’s website and will take members approximately 10-15 minutes to complete. Responses will remain confidential. The information provided will help NACWA understand its member’s perspectives on this emerging issue. NACWA first announced the survey on March 10th in Advocacy Alert (AA-07). The practice of hydraulic fracturing has recently come under increased scrutiny due to a series of articles appearing in the New York Times and growing pressure from activist groups concerned about the water quality impacts from these activities. NACWA is sending this final friendly reminder to its public agency members to complete this survey before March 31, 2011.
Have You Made Your Plans for These Upcoming NACWA Offerings?National Environmental Policy ForumNACWA’s 2011 National Environmental Policy Forum, May 8-11, 2011 at the Westin Washington DC City Center will provide an unparalleled opportunity for members of the clean water community to dig deep into the latest federal legislative, regulatory, and legal developments. Compelling speakers and consecutive, rather than concurrent, committee meetings will ensure that each attendee comes away with the maximum amount of information on issues sure to impact their utility back home. Reserve your hotel room today by contacting the Westin Washington DC City Center at 202/429-1700 to guarantee the special conference rate of $249 single/double. Online registration and up-to-date program information is available on NACWA’s website. National Pretreatment & Pollution Prevention WorkshopJoin your clean water colleagues for the only conference designed especially for pretreatment professionals. NACWA’s National Pretreatment & Pollution Prevention Workshop, May 18-20, 2011 at the St. Louis Union Station Marriott will focus on topics that promises to be important for pretreatment programs in the future, as well as issues that are currently affecting these programs. Building on past programs, the Workshop will once again have breakout sessions on various topics to allow participants to network with their colleagues from utilities nationwide. In addition, staff from EPA will update participants on the current status of effluent guidelines development, pretreatment performance measures, and other programs. Also, regional EPA staff will be on hand to engage in the popular Regional Roundtable discussion session. Make your plans today! We have secured a special group rate of $129 per night (single/double), at the St. Louis Union Station Marriott. Reservations must be made by Tuesday, April 26, 2011 to receive the special rate. View the preliminary agenda, register online and see other information on the Workshop on NACWA’s website.
Deadline Approaching for NACWA Awards Programs: April 8, 2011NACWA is currently accepting applications for its 2010 Peak Performance Awards and its Excellence in Management Awards Program. Visit the Awards page on the NACWA website to learn more about how your agency can gain national recognition for outstanding compliance with your NPDES permits or excellence in utility management. Applications are being accepted until April 8, 2011. |
to the House of Representatives urging Members to co-sponsor the proposal.