11
study the issue. The deferral applied only to carbon dioxide
emissions, and not to methane or nitrous oxide emissions
resulting from the combustion of biomass or biogas. The
proposal specifically deferred emissions from combustion of
biogas and biosolids resulting from the wastewater treat-
ment process. NACWA participated in a public hearing and
submitted written comments on the proposal, emphasizing
the environmental benefits of utilizing biogas and biosolids
for generating heat and electricity, which can reduce and – in
some cases – even eliminate utility reliance on fossil fuels
and the power derived from them. NACWA also asked EPA
to explicitly defer biogenic emissions from other wastewater
treatment processes, since sewage must be treated and utili-
ties should not be penalized for their role in protecting human
health and the environment.
In response to NACWA’s comments, the final rule contained
specific exemptions for carbon dioxide emissions from
wastewater treatment processes, as well as the combustion of
biogas and biosolids. As a result, it is unlikely that any waste-
water utilities will fall under the Title V and PSD permitting
requirements for GHGs during the next three years.
EPA will study biogenic emissions over the next three years
to determine if this exemption should be made permanent,
and is forming a Science Advisory Board (SAB) expert panel
to study the issue. NACWA nominated the only wastewater
expert to make the EPA “short list” for the panel. The As-
sociation wrote a letter urging EPA to include this expert on
the panel, making the case that wastewater utilities are an
important component of the biogenic emission deferral and
the panel needs an expert that understands wastewater treat-
ment processes.
NACWA’s advocacy work GHGs also included analyzing EPA’s
annual Inventory of U.S. Greenhouse Gas Emissions and Sinks
and submitting comments on the wastewater treatment emis-
sions calculations. NACWA believes that EPA’s calculation
methods are inaccurate, and the Association will continue to
work with the Agency and the IPCC to try more accurately
characterize wastewater GHG emissions.
NACWA’s Legislative Work Continues on
Climate and Energy Issues
While it is doubtful that the 112th Congress will address
climate and energy issues in any meaningful way, NACWA
is ready when it does. In March, the Association submitted
comments to the Senate Energy & Natural Resources Commit-
tee on what issues should be addressed if and when legislation
is drafted to establish a Clean Energy Standard (CES) – and
urged the Committee to ensure that biogas and solids gener-
ated at municipal wastewater treatment plants are included
in a CES. NACWA submitted these comments jointly with the
California Association of Sanitation Agencies (CASA). The
Association has also continued its collaboration with the As-
sociation of Metropolitan Water Agencies (AMWA), American
Rivers and other water associations to urge Congress to
address climate adaptation issues facing wastewater, drinking
water and stormwater agencies. NACWA expects legislation
to be reintroduced this year by Congresswoman Lois Capps
(D-CA) and Senator Harry Reid (D-NV) that would authorize
a grant financing program to help ensure community resiliency
and sustainability as climate-related changes occur that im-
pacts water resource agencies.