A Clear Commitment to America’s Waters
1
I
n August 2013, the U.S. Court of Appeals for the District of
Columbia Circuit issued a
remanding portions of the
U.S. Environmental Protection Agency’s (EPA) controversial
sewage sludge incinerator (SSI) rule back to the Agency for addi-
tional work. In the months following the decision, NACWA worked
with its members to carefully analyze the decision and consider the
Association’s potential next steps. In November, NACWA laid out
a four-pronged approach for moving ahead with its advocacy ef-
forts – first, work to secure a stay of the compliance deadline to allow
more time to work on the remand; second, work with EPA during the
remand process to ensure data collection is done properly; third, as-
sist NACWA members working to comply with the standards; and fi-
nally, continue the Association’s challenge to the EPA nonhazardous
secondary materials rule, which provided the regulatory underpin-
ning for the SSI rule.
Shortly after the start of 2014, NACWA hit the ground running with a
web seminar on January 30, to discuss Title V permitting and the up-
coming deadline for submitting complete applications inMarch 2014.
The Association plans to hold additional web seminars to address oth-
er SSI rule implementation topics throughout the year.
Association Engages EPA on Remand Process
NACWA also began work to engage EPA on the remand process and
what, if any, decisions the Agency had made about responding to the
August 2013 decision. Step one was a February 19 meeting with EPA’s
top air official, Janet McCabe, Acting Assistant Administrator for the
Office of Air & Radiation and President Obama’s nominee to lead that
office. The purpose of the meeting was to discuss the remand, but to
also discuss the possibility of staying the effective date of the current
rule until the remand process is complete. McCabe noted that no final
decisions had been made regarding the remand and that the Agency
continued to carefully consider how to proceed. It was clear, however,
that EPA’s preferred approach for addressing the remand is to simply
supplement the rationale in the current rule with additional explana-
tion of EPA’s methodologies for addressing insufficient data and vari-
ability.
NACWA had hoped that EPA would instead seek to collect additional
data and recalculate the emission limits that had been based on too
few data points, but EPA seems inclined to simply bolster is defense
of the existing approach and standards. On a positive note, EPA’s re-
luctance to proceed with a new rulemaking also means that it has not
been convinced by the Sierra Club’s arguments that the current rule
must be revised to make the emission standards more stringent. On
the issue of a stay, McCabe and her staff were sympathetic to NACWA’s
concerns that utilities do not have the resources to comply with the
current rule – only to have the emissions standards change through
a remand process, potentially requiring even more resources. The
Agency understands that the clean water community needs certainty
and needs it soon, but also stressed that it was unlikely to recom-
mend a course of action, such as a stay, that would stop the rule from
moving forward. EPA indicated that it would keep in close contact
with NACWA as the Agency continues to decide on its path forward.
Meanwhile, the Association is drafting a formal petition for a stay of
the rule’s compliance deadline, which it hopes to submit soon.
Member Coalition Support Association Efforts
As was the case with the two and a half year legal effort leading up to
the 2013 decision, NACWA’s continuing engagement with EPA on all
fronts is being funded by voluntary contributions frommembers with
SSIs who made an ongoing commitment to the Association’s Sewage
Sludge Incinerator Advocacy Coalition (SSIAC) this past fall. NACWA
is grateful to those utilities that have continued their support and
looks forward to working together over the coming year.
5
NACWA Continues Aggressive
Advocacy on Incineration Issues
State Action Track
, the web-based tool that allows NACWA members
to search and track regulations and legislation – by state – on a
wide variety of issues impacting your utility today. The latest infor-
mation on issues ranging from biogenic emissions to green infrastructure, and from to nutrients to resiliency are all at a
mouse click. As an added bonus – federal legislative and regulatory tracking offers a complement to NACWA’s active advo-
cacy in your behalf. State Action Track offers a value-added resource to our members, and enhances the Association’s abil-
ity to track trends, inform our federal advocacy agenda, and engage our partners in the states and regions.
Visit NACWA’s
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