» Clean Water Current Archive

April 1, 2011

Sewage Sludge Incineration Coalition, Legal Challenge to EPA Rules Take Shape

NACWA member agencies and other clean water utilities that operate sewage sludge incinerators (SSIs) continue to confirm their support for the Association’s SSI Advocacy Coalition (SSIAC).  Work has already begun on NACWA’s petition for reconsideration of EPA’s final Clean Air Act (CAA) emission standards for SSIs and initial court filings for the Association’s legal challenges to both the SSI rule and the companion “definition of solid waste” rule.  All clean water agencies that operate SSIs received a letter and information packet inviting them to join the SSIAC earlier this month.  Responses were requested by COB today (Friday, April 1) but NACWA understands that some utilities are seeking approval for participation and will need some additional time.  NACWA member agencies who have not yet notified NACWA of their intent to submit their pledge forms after April 1 are requested to contact Nathan Gardner-Andrews ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) or Chris Hornback ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) at NACWA.  NACWA’s petition for reconsideration and initial court filings on the SSI rule are due by May 20, and work has already begun on drafting these documents.  NACWA will need to file its separate challenge of the definition of solid waste rule by June 17, 2011.

Though NACWA is mounting a comprehensive legal effort to seek changes to EPA’s final rules, both rules have now been finalized and will remain in effect until a court rules otherwise.  Accordingly, NACWA is preparing detailed Advocacy Alerts on both rules to outline for member agencies the requirements and impacts the rules will have on them.  The SSI rule is extremely complex with several key compliance dates over the next five years.  NACWA’s Alert on this rule will provide a series of flow charts to outline compliance requirements and schedules.  Both Alerts will be sent to the membership during the week of April 4.

Farm Bill Working Group Approves White Paper, Develops Strategy for Future Advocacy

NACWA’s Farm Bill working group convened this week to discuss the Association’s ongoing efforts to more closely connect farm policy with water quality impacts through the upcoming Farm Bill.  Kevin Shafer, Executive Director of the Milwaukee Metropolitan Sewerage District and NACWA Past-President, is serving as the working group’s co-chair and led the discussion which focused on a forthcoming white paper that will set the foundation for the Association’s advocacy efforts.  The white paper will provide the urban perspective on nutrient pollution and will highlight the relative nutrient loading contributions of farming activities and publicly owned treatment works (POTWs) while also comparing the economic impacts and cost-effectiveness of implementing nutrient controls on these two source categories.  Expected to be completed this summer, the white paper will add to NACWA’s increased advocacy efforts on the Farm Bill.  NACWA has already delivered a letter to Capitol Hill , signed by nearly 150 municipal and conservation organizations, urging lawmakers to use the 2012 Farm Bill to more closely align the relationship between the quality of our nation’s waters and our agriculture practices and policies.  To become involved in this effort, or for more information, NACWA members can contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Director of Legislative Affairs.

NACWA Urges Congress to Support Clean Water SRF as Budget Negotiations Ramp Up

NACWA sent correspondence this week to every Member of Congress urging their support for the highest possible funding levels for the Clean Water State Revolving Fund (CWSRF) as Congress finalizes the fiscal year 2011 (FY11) budget.  In arguing for continued and robust funding, the letter highlighted the impacts these funds have on the national economy and the long-term and short-term needs facing clean water utilities.  Specifically, the letter referenced the $298 billion in clean water needs over the next twenty years reported by EPA in its 2008 Clean Watersheds Needs Survey, as well as the $284.3 billion in immediate needs reported in states’ FY 2011 Intended Use Plans (IUPs).

In the message to Congress, NACWA’s Executive Director Ken Kirk notes that “current [federal] fiscal pressures are enormous but local communities are also facing these same enormous budget pressures.  The CWSRF provides low-cost help to these communities to ensure their clean water needs are addressed while at the same time spurring jobs and economic growth.”

NACWA will continue to advocate for robust clean water investments as Congress finalizes the FY 2011 budget and then continues deliberations on FY 2012 budget priorities.  For more information on these activities please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , NACWA’s Manager of Legislative Affairs.

NACWA and Quicksilver Caucus Discuss Recommendations for Dental Amalgam Separator Rule

In anticipation of EPA’s upcoming draft rule requiring amalgam separators at dental facilities, the Quicksilver Caucus led by the Environmental Council of the States (ECOS) invited NACWA members and several state pretreatment coordinators to participate in a conference call this week to discuss recommendations for the rule.  EPA plans to propose the rule in October 2011 and finalize it by October 2012.  In a November 2010 meeting, NACWA provided EPA with its recommendations and concerns about the rule, which will require amalgam separators as pretreatment standards.  NACWA’s primary concern is the potential impact to utility pretreatment programs that may be required to verify compliance for hundreds of dental offices in their service areas, a substantial burden in terms of employee time and cost.

The Quicksilver Caucus also sent a letter to EPA earlier this month with its recommendations for the amalgam separator rule.  The Caucus organized the conference call to learn more about the pretreatment responsibilities of the utilities and to allow the states and utilities to share their views on how the rule should be structured.  NACWA’s Pretreatment and Pollution Prevention Committee and Mercury Workgroup leaders participated in the call, along with a subset of the Mercury Workgroup that has focused its attention on dental amalgam separators.  NACWA members provided details about how their programs would be affected under possible provisions of the rule, and potential solutions for the problems associated with verifying proper installation, use, and maintenance of dental amalgam separators.

NACWA and the Quicksilver Caucus plan another call to continue discussing amalgam separator issues.  NACWA is also providing EPA with additional input for consideration in the rule proposal, and EPA will be providing an update on the rule development at the NACWA 2011 Pretreatment & Pollution Prevention Workshop, May 18-20, in St. Louis (see related story).

Make Your Plans Today for NACWA’s Upcoming Conferences & Workshops!

National Environmental Policy Forum
Join us May 8-11, 2011 at the Westin Washington DC City Center for an unparalleled opportunity to dig deep into the latest federal legislative, regulatory, and legal developments.  Program highlights include compelling speakers and consecutive, rather than concurrent, committee meetings ensuring the maximum benefit of information on issues sure to impact their utility back home.   Reserve your hotel room today by contacting the Westin Washington DC City Center at 202.429.1700 to guarantee the special conference rate of $249 single/double.  Online registration and up-to-date agenda information is available on NACWA’s website.

National Pretreatment & Pollution Prevention Workshop
NACWA’s National Pretreatment & Pollution Prevention Workshop is the only conference specifically designed for pretreatment professionals!  Join us May 18 - 20 at the St. Louis Union Station Marriott as we focus on topics that promise to be important for present and future pretreatment programs.  Staff from EPA will update participants on the current status of effluent guidelines development, pretreatment performance measures, and other programs.  In addition, regional EPA staff will also be on hand to engage in the popular Regional Roundtable discussion session.  Building on the success of previous Workshops, breakout sessions on various topics will play a prominent role on the agenda and will allow participants to network with their colleagues from utilities nationwide.  NACWA has secured a special group rate of $129 per night (single/double), at the St. Louis Union Station Marriott.  Register online and view other key agenda and Workshop-related information on NACWA’s website.

One More Week to Apply for Key NACWA Awards Programs

The deadline to apply to NACWA’s Peak Performance Awards and Excellence in Management Recognition Program is next Friday, April 8.  NACWA encourages you to apply for these nationally recognized awards before the deadline passes.  Visit the Awards page on the NACWA website to learn more about award requirements and applications.