Clean Water Current Archive

September 5, 2008

EPA Signs Permit Fee Rule Despite Directive from Congress Barring its Implementation

EPA announced this week that it has signed the final rule establishing incentives for states to increase fees for National Pollutant Discharge Elimination System (NPDES) permits, despite strong opposition by NACWA, state water officials, and others and a clear mandate from Congress barring such an action.  The final Voluntary Permit Fee Incentive for Clean Water Act Section 106 Grants: NPDES Allotment Formula (PDF) rule is expected to be published in the Federal Register soon, but information and a fact sheet are available on EPA's website. 

These new permit fees will place a significant financial burden on clean water agencies, particularly small to midsize utilities.  Under the rule, some clean water agencies may have to pay up to an additional $400,000 a year in new permit fees and may be forced to take money away from other important water quality programs.  NACWA along with numerous other organizations has opposed the rule since its inception and believes EPA has now over stepped its authority in moving forward with the rule and ignoring the congressional directive.  This week, NACWA participated in a conference call with the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA), the Federal Water Quality Coalition (FWQC), and other interested parties to discuss strategies for a possible challenge to the rule.

Congress inserted report language into the Fiscal Year (FY) 2008 omnibus budget, which included EPA’s funding, that barred the agency from moving forward with its permit fee proposal.  The rule is intended to drive states to fully fund their NPDES Permit programs through permit fees or run the risk of having their Clean Water Act (CWA) section 106 grant funds cut.  Specifically, the rule, which was first proposed by EPA in December 2006, would provide a certain amount of “incentive” funds from the Section 106 program to states that fund at least 75 percent of their NPDES permit program costs through user fees, with the highest incentives going to those states that fund 100 percent of their programs through fees.

When the rule was first proposed, NACWA submitted comments (PDF) outlining its concerns about the plan to tie critical Clean Water Act funds to the proposed permit fees.  The rule will only apply total funding allotted to the states under the Section 106 program is increased above the FY 2008 level of $222 million.  In that case, a percentage of the increased funds may be allotted to states with eligible permit fee programs.  The incentive will never exceed $5.1 million.  The rule is in effect for the FY 2009 grant cycle and beyond.

House Set to Introduce Bill Directing EPA to Revise 1997 CSO Affordability Guidance

Advocacy efforts by NACWA and its Affordability Workgroup that led to the introduction of bipartisan legislation (S.3443) calling on EPA to update its 1997 Combined Sewer Overflows – Guidance for Financial Capability Assessment and Schedule Development, may net similar results in the House.  NACWA has learned that the House is poised to introduce legislation this month identical to a Senate bill by Ohio Sens. George Voinovich’s (R) and Sherrod Brown’s (D).  NACWA’s Affordability Workgroup worked closely with the two senators to help establish a realistic approach for defining a utility’s financial capability regarding long-term control plans (LTCPs) to address combined sewer overflow (CSO) and sanitary sewer overflow (SSO) controls through a more flexible, site-specific, and integrated approach espoused by NACWA in its November 2007 NACWA Financial Capability Compilation (PDF).

Rep.  Robert E. Latta (R-Ohio) is leading the effort to introduce the legislation on a bipartisan basis in the House as soon as possible.  The House bill will help spotlight the need for EPA to revise its outdated affordability guidance and also provide Association members with an additional tool in their affordability negotiations.  If you have members of Congress who may be interested in co-sponsoring this legislation, please contact Byron Deluke at This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it as soon as possible.  NACWA will be working with Rep. Latta’s staff to ensure a bipartisan introduction of this legislation.

NACWA Meets with EPA to Discuss Triclosan Risk Assessment

NACWA and other environmental organizations met with EPA this week to discuss the agency’s risk assessments for triclosan, an antimicrobial agent used in soaps and many other household products.   The meeting was part of the process to gather information for what is known as a Re-registration Eligibility Decision (RED) document that evaluates the human health and ecological impacts of pesticides, including anti-microbials, such as triclosan.  These compounds are regulated by EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the REDs are done to ensure they meet scientific and regulatory standards.  The clean water community has raised concerns about triclosan’s impacts on water quality, aquatic organisms, and biosolids.  Triclosan has the potential to pass through the waste treatment process and accumulate in the aquatic environment and in biosolids due to its widespread use in many household products. 

During the meeting, NACWA urged EPA to coordinate its efforts with the Food and Drug Administration (FDA) as many products that contain triclosan, such as soaps and personal care products, fall under its regulatory authority and in some cases products may be covered by the regulatory framework of both agencies.  EPA is hoping to complete its risk assessment for triclosan and sign a decision document this month.  NACWA will continue to work with its partners to provide comment as the risk assessment progresses and will report to the membership on any developments.