Clean Water Current Archive

April 11, 2008

Court Grants NACWA Favorable Ruling in BEACH Act Case

NACWA won a key victory April 7 when an appeals court ruled that it has the authority to order EPA to engage in specific studies in developing new recreational water quality criteria.  The decision came in the ongoing litigation surrounding the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000.  The order from the U.S. District Court for the Central District of California, in Natural Resources Defense Council (NRDC) v. EPA, also noted that EPA must conduct the studies “after consultation with and in cooperation with” local officials, echoing arguments made by NACWA at a March 24 hearing that the studies be developed and implemented with stakeholder input.  The decision marks an important milestone in the litigation, which was initiated in 2006 by NRDC after EPA failed to meet the deadlines under the BEACH Act requiring it to conduct studies and develop new recreational water quality criteria.  NACWA intervened in the case to ensure the interests of the clean water community are represented and that the new criteria are scientifically based.

The court resolved cross motions for summary judgment filed by the parties in the case.  EPA argued that the court only had the authority to set a deadline for completing the required recreational water studies but could not tell the Agency how to conduct the studies.  NACWA and the other plaintiffs contended that the court should not only establish a deadline but also direct EPA to conduct specific studies to ensure compliance with the BEACH Act statute.  The court’s ruling embraces the arguments of NACWA and the other plaintiffs, stating that “it is appropriate to allow trial to determine the appropriate remedies for the EPA’s statutory violations, including the appropriate studies that the EPA must conduct to satisfy the requirements” of the BEACH Act.  The order further directs the parties to prepare for a trial in late July at which time each side will have the opportunity to present evidence on what specific studies EPA should be ordered to complete.  NACWA is actively preparing for trial and will report to the membership on any developments.

NACWA Board Votes to Support Revised Sewer Overflow Language

NACWA’s Board of Directors voted this week to support revised language for the Raw Sewage Overflow Community Right-to-Know Act (H.R. 2452) bill, which seeks to establish a national program for monitoring and reporting sewer overflows.  The negotiated language is the result of several months of discussions with American Rivers and key staff from both the House Transportation and Infrastructure (T&I) Committee and the office of Rep. Tim Bishop (D-N.Y.), the bill’s primary sponsor.  Although NACWA did not get everything it sought during the negotiation, the Board vote affirms the Association’s role as a leading environmental advocate for clean and safe water.  The revised bill adds needed flexibility and supports NACWA’s advocacy efforts in pursuit of a comprehensive sanitary sewer overflow (SSO) program that addresses satellite collection systems.  A detailed breakdown of the discussions can be found in NACWA’s Legislative Alert, LA 08-02.

The Board vote allows American Rivers to reference NACWA as a supporter of the bill but does not bind the Association, or its members, to any advocacy on behalf of H.R. 2452 going forward.  The negotiated language will be included as a substitute amendment for the original bill during the T&I Committee markup expected soon.  The timetable for consideration of the Senate companion legislation, S. 2080, is not as clear; however, Senate staff have said they would probably substitute S. 2080 with the language agreed upon by the House. NACWA will also continue to pursue additional revisions to address member concerns with the bill.

NACWA does not expect either bill to move this year but the legislation will likely gain traction once reintroduced in the 111th Congress.  NACWA has also been told that the bill could be included as part of a larger infrastructure funding package in 2009 and will continue to track it as it moves through the House.  The Association will also continue to advocate for a comprehensive SSO policy and appreciates the hard work of its Board members and others who provided comments to help shape the notification bill.

NACWA Submits Comments on EPA Greenhouse Gas Inventory

NACWA submitted comments April 7 and met with EPA on its Inventory of Greenhouse Gas Emissions and Sinks: 1990-2006, Draft for Public Review.  As in last year’s Inventory, the wastewater treatment category is the seventh largest source of methane and the sixth largest source of nitrous oxide.  Some adjustments were made to the estimation methods used for methane since the previous Inventory, which decreased the emission rate of methane for centralized wastewater treatment.  As stated in the comments, NACWA “is still concerned, though, that the methodology used for the emission estimates leads to an overestimation of the wastewater treatment greenhouse gas (GHG) emissions.”  NACWA’s comments outlined the factors that should be changed to avoid this overestimation.  To confirm the overestimation of nitrous oxide, NACWA collected data on nitrogen loading rates to 48 U.S. wastewater treatment facilities as part of a Targeted Action Fund (TAF) project to improve the GHG emissions estimates.  The average loading rate from the data collected was less than half the value currently used by EPA.

EPA expressed interest in working with NACWA on revising the GHG emissions estimates for wastewater treatment.  The current nitrous oxide emissions estimates use a methodology established by the Intergovernmental Panel on Climate Change (IPCC), and EPA will need substantial documentation to justify using a different methodology.  NACWA will propose funding a new TAF project to build on the nitrogen loading data already collected and to develop more detailed arguments for changing the methane emissions estimates.

NACWA Sends Letter to Farm Bill Conferees Urging Full Funding for Conservation

NACWA sent a letter April 10 to the chairs and ranking members of the House and Senate Agriculture Committees urging them to ensure that the conservation title in the Farm Bill, currently being negotiated, receives full funding.  This is especially important in light of the anticipated increases in ethanol production, which threaten to result in more nutrients entering U.S. waterways.  “Water quality impairment stemming from nutrient over-enrichment is a well-documented consequence of agricultural runoff, a problem that must be addressed in meaningful way and should be addressed in the 2008 Farm Bill,” the letter said.

The House and Senate have passed different Farm Bill legislation and are now trying to reconcile the two versions in conference.  NACWA will continue to advocate for provisions that will ensure strong protections and adequate funding for water quality.

NACWA Co-Hosts Webinar on Outreach to Media, Public Officials on Infrastructure

NACWA and the Water Environment Federation (WEF) co-hosted a web-based seminar April 9 on how to reach out to public officials and the media about municipal clean water infrastructure needs.  Communications professionals from NACWA member agencies shared tips for working with the media to help them understand the importance of infrastructure and the need for funding to ensure clean and safe water for local communities.  WEF members also discussed public education strategies and working with state and local officials, which are especially important to help get the issue onto the national radar screen and visible as a potential issue in the presidential election.  The webinar also provided information about Water is Life, and Infrastructure Makes it Happen™, a public education campaign, of which NACWA is a partner, that aims to help water and wastewater utilities communicate the value of our nation’s water and wastewater  
infrastructure.  Audio and visual materials from the April 9 webcast will be available on the Water is Life website on Monday.  The next webcast will take place in June, and NACWA will provide more information once it becomes available.

NACWA members are encouraged to visit the Water is Life website, not only for the webcast materials but also for the other valuable information.  Available items include news articles about infrastructure, a public education toolkit, and the recently added Water and Wastewater Discussion Forum that provides an online forum for wastewater professionals to discuss technical issues.  Current topics on the Discussion Forum include nutrient removal, biosolids and residuals, and collection systems.

NACWA Supports Massachusetts Members in Hill Meeting on Clean Water Permitting

NACWA joined members of the Massachusetts Coalition for Water Resources Stewardship April 9 in a meeting with members of the Massachusetts congressional delegation and representatives from EPA Region I. The discussion at the U.S. Capitol focused on the coalition’s concerns about Clean Water Act permits.  The meeting was prompted by a white paper prepared by the coalition highlighting flaws in the way permit requirements are currently developed and imposed on Massachusetts wastewater utilities.  The concerns of the coalition closely track the recommendations identified by NACWA’s Strategic Watershed Task Force in its Recommendations for a Viable and Vital 21st Century Clean Water Policy report released in October 2007, chief among them is the need for a more holistic, watershed approach to addressing water quality.  NACWA sent the coalition a letter April 10 expressing its support for the views in the white paper.

At issue during the April 9 meeting was whether particular permit requirements or infrastructure investments make sense from a broader watershed and community perspective, a consideration that transcends the Clean Water Act’s current reliance on water quality standards.  During the meeting, Robert Varney, the EPA Region I administrator, was questioned by the Massachusetts delegation on the lack of thorough cost-benefit analyses in the Clean Water Act permitting process and on EPA’s methodology for determining whether a particular mandate is affordable for a particular community.  Varney was also questioned about EPA’s reduced federal investment in the Clean Water State Revolving Loan Fund (CWSRF).

Several mayors and top utility officials from a number of Massachusetts communities provided their perspectives at the meeting, citing doubling and tripling of sewer rates in their communities over the last few years.  The concerns expressed during the meeting were certainly not unique to Massachusetts, and the lack of EPA’s flexibility to consider cost-benefit and affordability considerations in its rulemaking process stems not only from established EPA policy, but more directly from the Clean Water Act itself.  NACWA will closely follow the efforts of the Massachusetts Coalition as it meets with EPA Region I over the next six months on this issue and will continue to work nationally to highlight the need for a watershed approach to meet clean water challenges.

Hotel Registration Deadline for May Policy Forum is Monday; Register Today!

Members attending the 2008 National Clean Water Policy Forum May 4-7 in Washington, D.C., will have the opportunity to visit one of the newest attractions in the nation’s capital — the Newseum.  This unique museum will guide you through the history of American journalism and the role it has played in ensuring a strong democracy.  The Newseum has interactive displays, galleries honoring important journalists, and many more exhibits.  

It’s still not too late to register for the Policy Forum. The agenda, registration materials, and hotel information are available on NACWA’s website. The hotel registration deadline to ensure the special conference rate of $285 is Monday, April 14. We look forward to seeing you in Washington, D.C.!