» Clean Water Current Archive

February 4, 2011

Winter Conference Highlights Wet Weather Costs, Need for New Approaches

With more than 200 registrants, NACWA’s Winter Conference, Understanding the New Paradigm for Wet Weather Management, was held this week in Ft. Lauderdale and demonstrated the enduring importance of wet weather issues to the nation’s clean water agencies.  The meeting focused on the federal government’s efforts – from both EPA and Congress -- on the array of wet weather issues, and NACWA’s and its member agencies’ efforts to address them in innovative ways while also seeking new approaches to manage the growing costs associated with these and other regulatory requirements.

NACWA Committees Help Set Strategic Direction on Array of Vital Issues

NACWA’s meeting began with lively committee discussions focused on several important issues. These included a strategic discussion on whether the time was right to file a petition with EPA to spur action on a comprehensive sanitary sewer and collection system rulemaking.  Stormwater issues were also front-and-center with significant concerns being raised as EPA seeks to propose its stormwater rule in September.  Vital discussions also took place on NACWA’s preparation for ramped-up legal involvement in EPA’s sewage sludge incineration (SSI) rulemaking that has a Feb. 21 court-ordered deadline for promulgation (see below for more on SSIs).  Also a highlight of committee discussions was NACWA’s work with the Chesapeake Bay Foundation on a key letter to Congress signed by over 100 organizations, including NACWA member agencies, urging that upcoming Farm Bill discussions -- and ensuing legislation-- fully account for the nexus between farming practices and water quality impairment and improvement.

NACWA Board Takes Important Action on TAF Projects, Likely Legal Action on SSIs

At their meeting, NACWA’s Board of Directors approved several key Targeted Action Fund (TAF) projects and other initiatives.  TAF projects approved include support for a regulatory review of the upcoming SSI rule and to support a higher level of engagement on this issue.  Also approved was support for an Oregon project to develop an SSO “preferred alternative” for National Pollutant Discharge Elimination System (NPDES) permit inclusion ¬– an effort that could provide SSO language that can serve as a national model.  Also approved was support for a Water Environment Research Foundation (WERF) project to study the linkages between nutrient concentrations and in-stream impairment.

The Board of Directors took action to set up an SSI Coalition to potentially challenge the upcoming SSI rule both administratively and legally.  NACWA would take the lead role in filing such a challenge on behalf of its members and other municipal incinerators and will be in touch with affected parties soon.   The Board also approved the creation of a workgroup of key committee leaders to discuss and make recommendation on the TAF’s sustainability going forward.

Speakers and Panels Underscore Creative Approaches to Wet Weather Issues

The welcoming remarks from The Honorable Romney Rogers, Vice Mayor for the City of Ft. Lauderdale, set the tone for the meeting.  Rogers highlighted green infrastructure projects being implemented to control stormwater and improve water quality, including a “Save our Swales” program and successful city-wide drug take-back programs.

Keynote Speaker Jim Hanlon, Director of EPA’s Office of Wastewater Management also provided timely updates on issues of importance to NACWA.  Hanlon noted that EPA was in touch with the Department of Justice (DOJ) on its work to provide guidance on implementation issues regarding the recently passed stormwater fee legislation and that DOJ’s guidance document should be finalized in 60-90 days.  Hanlon also said that budgetary challenges have slowed down a decision on whether, or how, to proceed on a sanitary sewer/collection system policy but that it remains a personal priority of his and he fully recognizes the need for clarity on this issue.  NACWA will be meeting with EPA’s Acting Assistant Administrator for Water Nancy Stoner next week to further discuss this issue.  Based on these discussions, NACWA will have a better sense of whether, or when, to file its petition for a rulemaking.  Hanlon also thanked NACWA and its members for making the clean water investment prong of the American Recovery and Reinvestment Act (ARRA) such a success and in ensuring project money was spent swiftly and efficiently.

In related news, there was a lively discussion between NACWA and EPA during the conference on the appropriate interpretation of a November 2010 EPA memo that encourages permit writers to consider numeric limits in municipal stormwater permits ¬– a major policy shift from EPA’s previous position.  NACWA responded to this memo with a strong letter to EPA on January 28 challenging both the content of the letter and the process that resulted in this policy shift and is inconsistent with existing statutory and legal requirements for municipal stormwater control.   NACWA will be meeting with EPA to discuss this critical issue further and will keep its members apprised.

Other panels focused on the need to move in a watershed direction that can equitably ensure that all pollution contributors are part of wet weather pollution control in a way that will allow all key sectors to control the growing costs of environmental compliance.  EPA’s Chesapeake Bay Total Maximum Daily Load was also discussed as a potential watershed model for the nation, however some felt bit lacked a true/equitable watershed-based approach and, as such, would be unable to be sufficiently cost-effective to meet its aggressive targets.

Also in discussing the need to be more cost-effective, especially in the current economic environment, Jeff Theerman, NACWA President, provided a compelling overview of NACWA’s Money Matters – Smarter Investment to Advance Clean Water campaign.  Theerman explained what the campaign is –- an effort to ensure clean water agencies can get the most water quality benefit for the limited dollars they have available -- and what it is not – an effort to seek roll-backs or to do less to advance the vital goal of water quality improvement.  Theerman also encouraged NACWA members to join him March 1-2 in Washington, DC and to register as soon as possible for the Money Matters Summit and Fly-In.

PowerPoint presentations from the Winter Conference will be available on NACWA’s website early next week.  The Association thanks all if its speakers, participants, and attendees for making the conference such a success.