A Clear Commitment to America’s Waters
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D
espite the government shutdown, the public comment
clock has continued to count down for several impor-
tant rulemakings from both the U.S. Environmental
Protection Agency (EPA) and the Food and Drug
Administration (FDA). NACWA has been actively working to collect
input from the members and develop comment letters on three main
rules, plus a number of other initiatives.
NACWA Supports FDA Rule
First up is an FDA rule designed to increase the safety of produce
grown for human consumption. The comprehensive food safety rule
focuses on a range of activities, but for the clean water community
the most important section deals with the use of soil amendments.
The rule prohibits the use of human waste as a soil amendment for
growing produce intended for human
consumption, except sewage sludge or
biosolids applied in accordance with
EPA’s Part 503 regulations. NACWA’s
November 15 comments expressed
strong support for the FDA provi-
sions, noting that by deferring to EPA’s
regulations the FDA was avoiding un-
necessary duplication, while ensuring
that public health would be protected.
NACWA highlighted the extensive risk
assessment process EPA conducted
when developing the Part 503 rules and the numerous studies that
have confirmed the protectiveness of those rules.
Strategic Revisions to WQS Anticipated
Comments are due December 3 on a proposed rule that would make
several strategic revisions to EPA’s Water Quality Standards (WQS)
regulations. EPA first tried to overhaul its WQS regulations in 1998,
with a comprehensive Advanced Notice of Proposed Rulemaking,
outlining a number of potential changes. The current proposal,
published September 3, takes a more modest, surgical approach
to changing six key components of the WQS rules. While the rule
changes will most directly impact state regulators and their WQS
programs, the revisions will eventually have an impact on how state
standards guide implementation of the Clean Water Act permit pro-
gram, and therefore have an impact on clean water agencies. Several
of the proposed changes are positive, including those relating to
the administrator’s determination and elements of the propos-
als on variances and compliance schedules. NACWA’s comments
will support those elements of the rule. EPA’s proposals relating to
designated uses and antidegradation, however, are more problem-
atic. NACWA will stress that much of what the Agency hopes to ac-
complish through the regulatory revisions could be accomplished
through enhanced communication and cooperation with the states,
and that the additional regulation could constrict state programs
that are currently working well.
E-Reporting to Have Significant Impact –
Data Quality a Top Concern
EPA’s e-reporting rule stands to have the most widespread impact
on the regulated community, and NACWA is preparing comments
in advance of the December 12 comment period deadline. The
rule, drafted by EPA’s enforcement office, seeks to take the entire
Clean Water Act program into the digital age – requiring electronic
reporting for every element of the National Pollutant Discharge
Elimination System (NPDES) permit world. The most problematic
provision of the rule is the timeframe in which EPA is expecting
states to come into compliance. If states fail to develop the systems
and procedures necessary to accept electronic submittals within
two years of issuing the final rule, permittees would be required to
submit all of their reports directly to the federal government. The
short timeframe has been flagged
by state regulators as a major is-
sue, and NACWA will raise it in the
Association’s comments as well.
Data quality has been a top concern
for NACWA with past attempts at
maintaining reporting information
in a national database, and that will
again be a major issue raised in com-
ments. Most stakeholders believe that
phased implementation of the rules,
to ensure that all systems are working
smoothly, is a more rational approach.
Affordability & Climate Change Initiatives Continue
NACWA is also working to develop comments on two non-regula-
tory EPA initiatives relating to affordability and climate change.
On affordability, EPA released a draft financial capability frame-
work in October, as a companion to its 2012 Integrated Planning
Framework and as a supplement its 1997 guidance. NACWA is co-
ordinating with the U.S. Conference of Mayors, National League of
Cities (NLC), and National Association of Counties (NACo), who
will meet with EPA in the coming weeks to discuss the draft. The
current draft provides little new information and continues to rely
on the Agency’s 1997 guidance as the foundation for all financial
capability analyses. NACWA continues to believe that more com-
prehensive change is needed, including a complete overhaul of
the 1997 guidance, and will be providing comments to EPA later
this year or in early 2014, following the next meeting between the
Mayors/NLC/NACo and Agency officials. NACWA is also review-
ing a new Executive Order on climate and resiliency and companion
EPA strategy released in early November. The Association is seeking
input from the membership and plans to provide comments by the
January 3 deadline.
No Shutdown for Public Comment on
Key Regulations, Initiatives
