OCTOBER/NOVEMBER 2011
Inside
Led by U.S. Representative Tom Bishop,
key bipartisan members of the House
Transportation & Infrastructure Committee have
introduced The Water Quality Protection and
Job Creation Act of 2011 (H.R. 3145).
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ACWA increased the tempo of its advocacy efforts on
the U.S. Environmental Protection Agency’s (EPA) fnal
air emission rule for sewage sludge incinerators (SSIs).
The Association is strongly pursuing both legal and
legislative avenues to secure a repeal of the rule and the promulga-
tion of revised SSI regulations under the appropriate section of the
Clean Air Act (CAA). These efforts come after NACWA learned, in
late August, that EPA was planning to deny signifcant portions of
the Association’s administrative
Petition for Reconsideration and Stay
of
the fnal rule, including NACWA’s request that EPA properly regulate
SSIs under section 112 of the CAA, as directed by Congress, instead
of under the infexible standards of CAA section 129.
In response, NACWA aggressively moved forward with its ex-
isting lawsuit against EPA and f iled an
of the f inal rule with the federal appeals cour t
in Washington, DC in early September. The motion asks the
cour t to judicially place implementation of the rule on hold un-
til such time as the merits of NACWA’s lawsuit are resolved. It
outlines legal arguments against the rule and highlights the sig-
nif icant operational, f inancial, and environmental harm facing
utilities that rely on SSIs for safe and ef fective biosolids man-
agement if the rule is not stayed. The motion also requests
that the cour t make a decision on whether to issue a stay as
soon as possible.
NACWA Ramps Up Legal, Legislative
Pressure on SSI Rule
NACWA Receives Commitment on Integrated
Permitting/Regulatory Prioritization
from EPA
B
uilding on the momentum generated
through its recent high-level meet-
ings with the U.S. Environmental
Protection Agency (EPA) as part of the
Association’s
NACWA
staff and member agency leaders, and represen-
tatives from the Water Environment Federation
(WEF) and American Public Works Association
(APWA) met October 3
with senior EPA water and
enforcement offcials on
the need for a new, more
fexible approach to meet-
ing the mandates of the
Clean Water Act (CWA).
At the meeting, EPA committed to craft an in-
tegrated planning framework that would ad-
dress many of the elements of NACWA’s
Money
Matters™
campaign. The Agency was particularly
interested in helping utilities use new and innova-
tive approaches, including green infrastructure,
and in providing a better way to integrate the
planning and permitting of all utility CWA obli-
gations.
Utility representatives at the meeting provided
recommendations on a wide range of issues EPA
should address, as well as examples of where in-
novation and integration is already occurring.
It was clear that the clean water community has
made strides to leverage existing
fexibility – and that these efforts
could serve as a foundation for
this new work.
Regional Memo Planned,
Draft Framework Underway
During the meeting EPA reported
that it has already begun work to scope out the
effort. Next steps include a review of all CWA ob-
ligations, including stormwater. The Agency will
stop short of including most drinking water obli-
gations (beyond source water protection-related
efforts) and any non-water related obligations.
A
Clear
Commitment to America’s Waters
National Association of
Clean Water Agencies
1816 Jefferson Place, NW
Washington DC 20036-2505
p
202.833.2672
f
202.833.4657
info@nacwa.org •
www.nacwa.org
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