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August 12, 2011
NACWA to Engage in Aggressive Fall Campaign on Clean Water Infrastructure FundingWith everyone in Washington, DC, including EPA, looking at ways to jump-start the economy, a great deal of attention is being focused on infrastructure funding to accomplish this objective. Clearly, the Nation is at a critical juncture in determining its economic agenda and, as such, now is the time to be bold in our demand for additional funding, whether in the form of a larger appropriation for the Clean Water State Revolving Fund (CWSRF), new stimulus funding like the American Recovery and Reinvestment Act (ARRA), and continued consideration of a deficit-neutral clean water trust fund. Congress should not be seeking to cut the deficit on the backs of construction programs that put people to work but should be looking elsewhere to meet its deficit reduction targets. In line with this campaign, NACWA is working to develop a white paper that positions the Association’s pro-funding/pro-jobs agenda in the context of the ongoing economic downturn, the U.S. credit rating downgrade, and the stagnant unemployment picture. With the new “Super-Committee” of twelve members of Congress now in place to develop a plan to cut the deficit and President Obama and Congress searching for programs that can spur job growth, NACWA will be seeking all avenues to advance its pro-funding agenda. NACWA will work closely with its partners in the Water Infrastructure Network (WIN), the national groups representing municipal interests, the NGO community, and, of course, its “Clean Water Exchange” network of state and regional groups representing the nation’s clean water agencies to advance this timely campaign. This is a pivotal time in our Nation’s history and the clean water program is clearly in jeopardy. The clean water infrastructure needs only continue to expand while the price-tag to comply with costly federal regulations is on the rise. This campaign represents a refusal to allow the federal government to abdicate its responsibility as a full partner under the Clean Water Act and constitutes a strong complement to the Association’s Money Matters™ regulatory prioritization campaign. NACWA will be sending out its clean water funding white paper via Advocacy Alert to the membership soon and will be calling on every member to weigh in with their Members of Congress on this key effort.
NACWA Weighs in with EPA on Need to Embrace Regulatory Prioritization ApproachNACWA sent a letter "EPA recognizes that municipalities face numerous challenges in meeting their new water quality goals and that it is imperative to focus resources first on those projects that will have the greatest environmental benefit. We would like to work directly with you, your members and municipalities to find common ground on an approach that allows municipalities to evaluate all of their CWA related requirements and develop a comprehensive plan to meet those requirements." NACWA’s letter noted that it was greatly encouraged by this statement and pointed out that the draft legislation NACWA learned in a subsequent meeting this week with Ellen Galinsky, senior advisor to Assistant Administrator for Water, Nancy Stoner, that the letter had received significant attention at EPA and that the Agency will be asking NACWA to meet with a broad array of Agency staff to discuss this proposal in the coming weeks. Also, the American Public Works Association (APWA) and NACWA are taking the lead on coordinating a meeting of key municipal groups to begin the process of developing a more formal coalition to advance the Money Matters legislative proposal and raise awareness of the issue amongst all the groups’ memberships. NACWA will also be meeting after Labor Day with key NGO groups to discuss the regulatory prioritization approach. The Association will keep members updated on developments in the Money Matters™ campaign as they occur.
EPA Seeks More Time to Review NACWA's Reconsideration Request on SSI RuleEPA filed a request Aug. 11 with a federal appeals court requesting an additional three weeks to review NACWA's administrative petition for reconsideration and stay of the Agency's final sewage sludge incinerator (SSI) air emissions rule, indicating that EPA continues to give serious consideration to the arguments presented by NACWA in the petition. The EPA legal request, which NACWA did not oppose, asks the court to move the deadline for procedural motions in NACWA's parallel legal challenge to the final SSI rule from August 19 to September 9. As part of this agreement, EPA has committed to provide NACWA with a final response to the Association's administrative request for reconsideration and stay of the rule by the end of August. If EPA does not grant NACWA's request for a stay of the rule, the Association will still have time to file a request for a judicial stay of the regulation by the new September 9 court deadline. EPA has also agreed to move forward with expedited briefing in the SSI litigation if the Agency decides not to reconsider the rule, which will help ensure that the legal case advances swiftly toward ultimate resolution. A copy of this week's legal filing by EPA will be available on the NACWA website next week, and we will keep the membership updated on developments.
NACWA, Municipal Groups Meet with EPA to Discuss Top Regulatory PrioritiesNACWA and other groups representing municipal interests held two meetings this week with key EPA officials and stakeholders to discuss priority clean water issues. NACWA organized a meeting this week between its municipal network with Jim Hanlon, Director of EPA’s Office of Wastewater Management, and other EPA staff to discuss current regulatory issues that are being pursued by the Agency. A major topic of discussion was the July EPA workshop on sanitary sewer overflows (SSOs – see Advocacy Alert AA 11-19 for more information). Next steps were discussed for both EPA and the stakeholder groups represented at the workshop. Hanlon reiterated EPA’s commitment to moving forward with a comprehensive SSO rule, stating that he “personally would like to add clarity to these issues” and that the utility community “deserves answers” on how to proceed with the management of SSOs and peak wet weather flows. EPA is still preparing a summary of the workshop discussion and plans to release it soon. NACWA has begun discussions with the other workshop participants, which EPA has encouraged, to develop further agreement on the issues involved with an SSO rule and to develop an outline of a path forward for a rule. After EPA releases its summary of the workshop, NACWA will work with EPA to determine the areas that the Agency believes are critical for the stakeholder groups’ focus. Also, NACWA’s President David Williams, Director of Wastewater for the East Bay Municipal Utility District, will participate in a panel with Jim Hanlon at the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) meeting next week where the SSO issue will be further explored. EPA Provides Information on Stormwater Rule, Draft CSO Compliance Monitoring GuidanceEPA also provided information about its stormwater rule proposal, which is due by September 30 under a settlement agreement, but may ultimately be proposed somewhat later than the agreement under the settlement due to the complexity of the issues involved. EPA is still considering certain issues involved with the rule, including a reasonable time to allow implementation of the rule after it is finalized. EPA also announced that its new draft guidance document, Draft CSO Post-Construction Compliance Monitoring Guidance EPA, NACWA Discuss Need for Support of Agency Programs to Spur Economy, Job GrowthEPA also reassured NACWA that the ongoing economic downturn and unemployment numbers were a key concern for the Agency’s leadership and that the Office of Water had been asked to provide information to the Administration on the link between its programs and the economy. NACWA informed EPA that it would be pushing hard during the Fall months on behalf of increased funding for clean water infrastructure (see related story). |
this week to EPA’s Acting Assistant Administrator for Water, Nancy Stoner, and to the Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA), Cynthia Giles, seeking a meeting with them as soon as possible to discuss NACWA’s Money Matters™ campaign and its recommended approach to regulatory prioritization under the Clean Water Act (CWA). NACWA’s letter came in response to a July 28 letter that Stoner and Giles had sent to the U.S. Conference of Mayors which stated that: