» Clean Water Current Archive

January 7, 2011

President Obama Signs Key NACWA-Backed Stormwater Fee Legislation into Law

This week President Obama signed into law legislation (S.3481) that reinforces the federal government’s responsibility to pay reasonable service charges to state and local governments to address stormwater pollution originating from federal properties.  The legislation clarifies that federal agencies are responsible for paying all reasonable charges associated with implementing the Clean Water Act’s requirements for stormwater management by local authorities.  It also specifies that as long as these charges are non-discriminatory, based on a fair approximation of the proportionate share of stormwater pollution contributed by the federal property and are used to pay for costs associated with any stormwater management program, then these fees must be paid by federal agencies.  This is the case regardless of whether the services are denominated as assessments, charges, fees, or taxes.  NACWA sent an Advocacy Alert on the new law earlier this week highlighting NACWA’s leadership role in the bill’s passage as well as next steps.  The first of these key steps will be interagency guidance expected to be issued by the Department of Justice (DOJ) in the coming weeks outlining how federal agencies should implement the law and to what extent it will apply to current outstanding bills.  Once the guidance is issued, NACWA will distribute it along with an analysis of the key points to its membership.

As part of an effort to communicate the importance of this legislation, NACWA has been asked to take part in a field hearing hosted by the lead sponsor of the legislation, Senator Ben Cardin (D-Md.).  The hearing will take place in Prince George’s County, Maryland on Thursday, January 13 and participants will include Senator Cardin, DCWater’s General Manager George Hawkins and NACWA Executive Director Ken Kirk, as well as other federal and local officials.  The hearing will highlight the important role federal facilities must play as partners in local stormwater management efforts.  Once a final location for the field hearing has been determined, NACWA will share this information with its local area members, who are encouraged to attend.

NACWA Continues Advocacy Efforts on Sewage Sludge Incineration

Since filing comments on EPA’s proposed maximum achievable control technology (MACT) standards for sewage sludge incinerators (SSIs), NACWA has continued to pressure EPA to correct the significant errors in the proposed standards and to challenge the Agency’s authority to regulate SSIs under Section 129 of the Clean Air Act (CAA).  NACWA met with the top official in EPA’s air office on December 20 to reiterate its concerns with the proposal, including overstated emissions estimates, erroneous assumptions regarding the wastewater treatment process and sewage sludge, and understated costs associated with pollution control devices needed to meet the proposed standards.  During the meeting NACWA also outlined why it believes EPA has overstepped its statutory authority by proposing to regulate SSIs under Section 129 of the Clean Air Act.  While EPA is unlikely to completely change course (and abandon its proposal developed pursuant to Section 129), the Agency acknowledged that changes to the proposal will likely be necessary given NACWA’s comments and the data submitted by a number of clean water agencies.  EPA is now asking for an extension to its current deadline of January 16 to finalize the SSI rule.  EPA’s request for a new deadline of July 15, 2011 for signing the final SSI rule would provide them with more time to review the numerous substantive comments they received on the proposal.  NACWA has supported EPA’s request for an extension by filing a legal motion and will alert the membership as soon as the court decides whether to grant the Agency additional time.

EPA Still Considering Regulatory Action on SSO, Collection System Issues

NACWA recently learned that EPA continues to evaluate the possibility of pursuing a comprehensive national policy addressing sanitary sewer collection system issues and sanitary sewer overflows (SSOs) and is now expected to make a determination on whether to proceed with such a policy in early 2011.  The Agency announced in July 2010 through a Federal Register notice that it was requesting public input on whether to pursue additional regulatory proposals regarding sanitary sewer collection systems and SSOs, and subsequently informed NACWA in October 2010 that a decision on the matter was expected to be made by the end of the calendar year.  However, at a meeting in late December, EPA staff informed NACWA that internal deliberations regarding a potential national SSO rule were continuing and that a determination regarding possible next steps on the issue would not be made until after the New Year.

NACWA submitted comments to EPA in August encouraging the Agency to pursue a comprehensive, holistic policy addressing SSO and sanitary sewer collection systems issues.  The Association continues to assert that in order to provide clean water utilities with much-needed regulatory predictability and consistency, especially regarding the issue of peak wet weather flow blending, such a policy is critical.  This view has been bolstered by the recent U.S. Eighth Circuit Court of Appeals decision affirming the dismissal of a lawsuit filed by the Iowa League of Cities regarding blending issues.  NACWA will continue to advocate with EPA and is prepared to take legal action when appropriate on these very important issues and will report any new developments to members as they occur.

NACWA Chesapeake Bay-Area Members to Discuss EPA’s Final TMDL

NACWA will hold a conference call next week with its members that discharge into the Chesapeake Bay to discuss the final total maximum daily load (TMDL) for the Bay, released by EPA on December 29, 2010.  Although NACWA and its members are still reviewing the final TMDL, it appears that it is similar to the draft.  This is not surprising given the complexity of the TMDL and the short time period between the public comment deadline and EPA’s self-imposed deadline for issuing the final TMDL by the end of 2010.  NACWA submitted comments on the draft TMDL, and remains concerned that the final TMDL will result in an inequitable share of further load reductions for wastewater treatment facilities and other point sources, while nonpoint sources, including agriculture, are not made a significant enough part of the pollution load reduction regime.  NACWA will follow how the TMDL is implemented and its effects on Bay watershed members, as well as the implications of this approach on the Association’s advocacy efforts both on upcoming Farm Bill negotiations and a national watershed approach.

NACWA Index Survey Underway, Additional Responses Needed by January 14

The Association is asking member agencies that have not yet responded to the 2010 NACWA Index survey to submit their responses by Friday, January 14.  Additional responses are needed to ensure the survey results are representative of the clean water community.  All member agencies should have received a customized survey form in the mail last month.  The annual NACWA Index, which will be distributed to the membership this spring, will examine national and regional trends in annual sewer bills since the mid-1980s.  Please make every effort to complete the brief questionnaire.   Surveys can also be completed online at www.cleanwatercentral.org or simply contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to get your agency’s customized survey form via e-mail.  Thank you, in advance, for your participation.

NACWA Peak Performance Award Application Now Available!

NACWA member agencies are encouraged to submit their nominations for the 2010 Peak Performance Awards.  As announced in this week’s Member Update 11-01 , the Peak Performance Awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  This program has honored thousands of NACWA member agency facilities since its inception in 1987, and the Association anticipates that this year will enjoy another record number of honorees.  The deadline for submissions is April 8, 2011.  More information on the Peak Performance Award program, including the award categories, criteria, and how to apply, can be found at www.nacwa.org/peakperformance.

Mark Your Calendar and Register Today for these NACWA Offerings!

• NACWA’s 2011 Winter Conference is almost here!  Join us in Ft. Lauderdale February 1-4 for Understanding the New Paradigm for Wet Weather & Collection System Management.  This year’s agenda focuses on how utilities can best adapt to the substantial changes to wet weather regulations that are on the horizon. The Conference will emphasize smarter investment under both current and future regulations and explore how prioritized investment in infrastructure will become more and more important as new regulatory requirements further strain tight budgets. Speakers and panelists will also explore creative solutions to the challenges of collection system management – as well as privately-owned systems and laterals – regardless of whether they are located in a wet or arid region. With a hotel deadline of Monday, January 10, make your plans today!

• Join clean water utility executives in Washington, DC, March 1-2 for the Money Matters Summit and Fly-In,  a unique opportunity that will bring together clean water agency leaders and top EPA and Congressional policymakers to discuss real-world financial and affordability challenges.  There is no registration fee for this important Summit & Fly-In.  Clean water utilities throughout the country continue to make sound investments in their systems, but face a regulatory landscape where everything has become a priority and economics have become an afterthought.  Make your plans today to ensure our community's voice is heard on national issues that may impact clean water utilities now and in the future.