» Clean Water Current Archive

April 8, 2011

NACWA Submits Comments on EPA Regulatory Review Initiative

NACWA submitted comments this week on EPA’s plan for review of regulations under Executive Order 13563 (76 Fed. Reg. 9988, Feb. 23, 2011).  In its comments, the Association applauded the Obama Administration and EPA for recognizing the challenging economic conditions that industry and all levels of government — federal, state, and local — now face and the need for greater scrutiny of Clean Water Act rules and policies as well as their cumulative impact.  As the comments stated, “NACWA is hopeful that EPA's regulatory review effort will not prove to be merely a perfunctory exercise.  Carried out seriously and quickly, this effort can mark a significant shift toward a renewed commitment on the part of federal regulatory agencies, like EPA, to become partners with the entities they regulate.”  NACWA incorporated into the comment record its various Money Matters™ campaign white papers and leave-behind documents as well as its recent Nutrient Issues White Paper .  NACWA made it clear that the comments purposefully “uses the word ‘policy’ throughout this document because of the strongly held belief that in order for this review process to be a serious one it must be applied not only to rulemakings as defined by the Agency but to the array of policies that essentially serve as de facto rules under different names, such as ‘guidance’ or ‘criteria’.”

In conducting this review, NACWA also recommended that a shift in the nature of regulatory or policy review at EPA “must have as its foundation stones sound science, affordability, cost, public participation, municipal flexibility, and environmental benefit.”  These foundation stones must be used to guide the review of any policy, such as the examples that NACWA specifically mentioned in its comments, which included:  a sanitary sewer overflow policy; EPA’s 1997 CSO affordability guidance; wet weather enforcement/consent decree actions; Florida nutrient criteria development; whole effluent toxicity testing; sewage sludge incineration rules; and, upcoming stormwater regulations, among others.  NACWA also encourages members to review the detailed comments filed by its public agency members the New York City Department of Environmental Protection (NYCDEP) and the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) .  If your agency has also filed comments on this EPA initiative please send your comments to NACWA’s Adam Krantz at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Moves to Join Legal Battle over Florida Nutrient Criteria

NACWA filed a motion this week in federal court in Florida to join the growing legal fight over EPA’s recently developed numeric nutrient criteria for the state, and to support the Association’s Florida member utilities in their challenge to the new nutrient regulations.  NACWA’s Motion for Leave to Participate as Amicus Curiae, filed April 7, outlines the important national perspective that the Association can bring to the case on behalf of the municipal clean water utility community and requests permission to participate in the litigation as a friend of the court, or amicus.  The criteria, finalized by EPA in November 2010 for freshwater lakes, streams, and rivers in Florida, were developed using controversial scientific methods that NACWA believes are inappropriate.  The Association will use its amicus participation in the case not only to support a challenge to the criteria already filed by NACWA members in Florida, but also to argue that a criteria development approach similar to that which was utilized by EPA in Florida should not be used in other parts of the country.  Additionally, NACWA will be able to provide the court with a valuable national viewpoint on nutrient policy and science from the perspective of the clean water agency community.  Briefing on summary judgment motions is expected to occur in June, and NACWA will file a brief at that time.  The Association will keep the membership updated on any developments.

NACWA-led Farm Bill Coalition Focused on Policy Solutions

The coalition of Washington-based water associations, conservation and sustainable agriculture organizations met this week and focused their discussions on policy solutions for controlling nutrient run-off from agricultural sources.  The Coalition heard from Martha Noble, a policy analyst with the National Sustainable Agriculture Coalition, who provided coalition members with an in-depth presentation of how current conservation programs funded by the Farm Bill could be reformed to focus more effectively on nutrient controls.  Noble’s presentation examined conservation programs such as the Environmental Quality Incentives Program (EQIP), the Conservation Stewardship Program (CSP), and the various conservation easement programs and offered recommendations for making targeted yet critical reforms to these programs to address nutrients.  Noble’s remarks were followed by a robust discussion among participants designed to achieve consensus on a set of policy reforms to recommend to Congress for the 2012 Farm Bill debate.  The coalition also approved a factsheet on nutrient pollution that will be distributed to Congress next week in follow-up to the Coalition’s letter in February urging Members of Congress to strengthen the links between agricultural policies and water quality.  For more information about this effort, please contact Patricia Sinicropi, NACWA’s Legislative Director, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Stresses Need for Improved Assessment of Triclosan’s Environmental Impacts, Opposes Clean Water Act Regulation

NACWA filed comments this week on an EPA Notice of Availability regarding a petition filed by environmental NGOs, Beyond Pesticides and Food & Water Watch (Petitioners), to ban triclosan and develop regulations to minimize the impacts of triclosan on the environment (December 8, 2010; 75 Fed. Reg. 76461).  Consistent with comments it has filed in the past on EPA’s pesticide registration process, NACWA’s April 8 comment letter agreed with the Petitioners that EPA must do more to ensure its actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) do not have negative consequences for clean water agencies or the water environment.  However, NACWA strongly opposed the Clean Water Act (CWA) regulations for wastewater and biosolids that the Petitioners are also seeking.  NACWA continues to believe that the problem of triclosan’s growing presence in the environment is symptomatic of the federal government’s inability to coordinate product approval procedures with the various environmental statutes, including the CWA, and that imposing wastewater effluent or biosolids limits would unfairly penalize clean water agencies for this lack of statutory coordination at the federal level.

NACWA’s letter highlighted that the CWA provides clean water agencies the authority to regulate industrial and commercial discharges that might interfere with their treatment processes or pass through the plant untreated, but that there is no authority to regulate households – where hundreds of consumer products and other household applications containing triclosan enter the sewer system.  NACWA has long advocated that these types of contaminants of emerging concern must be regulated at their source.  Nevertheless, the pressure for action is mounting.  Several environmental NGOs have already separately petitioned EPA to use its CWA authority to regulate similar contaminants and this most recent petition, which focuses on triclosan, seeks to impose effluent limitations and biosolids pollutant levels for triclosan.  NACWA believes that the use of EPA’s CWA authorities to address environmentally relevant concentrations of triclosan or other emerging contaminants, before the federal government applies a coordinated and comprehensive evaluation process at the point of approval, is inappropriate and would lead to the imposition of costly and likely technically-infeasible limits for clean water agencies.  The only practical and cost effective means of controlling triclosan discharges is the use of existing EPA authorities under FIFRA and Food and Drug Administration authorities under the Federal Food, Drug, and Cosmetic Act (FFDCA) to control the sale and use of triclosan at its source.  NACWA will continue to track EPA’s efforts to respond to the petition on triclosan and any work that EPA may have underway to address triclosan using its CWA authorities.

NACWA Supports Biogenic Greenhouse Gas Emissions Deferral at Public Hearing

As climate change continues to garner Congress’ (see related story) and EPA’s attention, NACWA participated in a public hearing this week where the Association urged EPA to finalize its proposed three-year deferral of biogenic greenhouse gas (GHG) emissions from Clean Air Act (CAA) permitting programs and to eventually make it a permanent exemption.  Biogenic GHGs are usually considered part of the natural carbon cycle and are exempt from all major regulatory and policy programs, including the Intergovernmental Panel on Climate Change (IPCC) and California’s cap-and-trade program.  EPA’s Greenhouse Gas Tailoring Rule, which established a tiered process for including GHG emissions in the CAA Prevention of Significant Deterioration (PSD) and Title V programs, did not include a biogenic GHG exemption, however.

In a March 21 Federal Register notice, EPA proposed a rule to defer biogenic emissions from CAA programs.  The deferral applies only to carbon dioxide emissions, and not to methane or nitrous oxide emissions resulting from the combustion of biomass or biogas.  The proposal specifically defers emissions from combustion of biogas and biosolids.  During the public hearing, NACWA emphasized the environmental benefits of utilizing biogas and biosolids for generating heat and electricity, reducing and, in some cases, eliminating utility reliance on fossil fuels and power derived from fossil fuels.  NACWA also asked EPA to explicitly defer biogenic emissions from other wastewater treatment processes, since sewage must be treated and utilities should not be penalized for their role in protecting human health and the environment.

NACWA and its Climate Change Committee and Air Quality Workgroup will review the rule and provide comments by the May 5 deadline.  Please provide any input for use in the comments to NACWA Director of Regulatory Affairs, Cynthia Finley, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by April 28.

House Moves Forward Legislation Repealing EPA Authority over Greenhouse Gas Emissions; Senate Balks on Similar Proposals

The U.S. House of Representatives this week approved the Energy Tax Protection Act of 2011 (H.R. 910).  The legislation seeks to nullify a 2009 scientific finding that declared greenhouse gas (GHG) emissions endanger public health.  In nullifying the finding, the legislation would restrict EPA’s ability to regulate GHG emissions from power plants and stationary sources.  The legislation, offered by Congressman Fred Upton (R-Mich.), was approved by a 255-172 margin, which included the support of all Republicans and nineteen Democrats.

Senate Minority Leader Mitch McConnell (R-Ky.) offered a companion version of the legislation which was rejected in a split vote (50-50) a day before the House approved its bill.  Democrats Ben Nelson (D-Neb.) and Mark Pryor (D-Ark.), Mary Landrieu (D-La.) and Joe Manchin (D-W.V.) voted for the McConnell proposal.  The Senate also rejected three other proposals that sought to delay or limit the applicability of EPA’s regulatory authority over GHG sources.  Together these proposals garnered enough Democratic votes to potentially signal sufficient support in the Senate to delay EPA’s implementation of GHG regulations, should the issue arise again in the future.

The issue has also been a key sticking point in finalizing the fiscal year 2011 budget as a policy rider restricting EPA’s authority over GHG emissions was included in the House approved spending proposal (H.R.1).  This proposal was rejected by Senate Democratic leadership and negotiations to finalize the fiscal year 2011 budget continue – with it appearing, at press time, that the EPA rider was ‘off the table’.  NACWA will continue to track this debate in the coming days and weeks and will inform our members of any developments as soon as they occur.

NACWA Honors Memory of Workers Who Died in Gatlinburg, Tennessee POTW Tragedy

A wastewater equalization basin wall collapsed at the Gatlinburg, Tennessee wastewater treatment facility earlier this week resulted in the death of two Veolia Water employees.  Following the tragic event, Veolia issued a communication inviting colleagues within the water sector to join them in remembering John D. Eslinger and Donald A. Storey in a moment of silence and encouraging others to forward this communication along as a means of honoring the lives of these two men.  NACWA asks that its members also take a moment to remember these two men who exemplify the vital and often dangerous work to improve our environment and public health.  As the Veolia communication stated “we must never take for granted the important work done by the water and wastewater operators that keep all of our facilities working each and every day.”

Two Key NACWA Conferences To Take Place Next Month — Register Today!

National Environmental Policy Forum
NACWA’s National Environmental Policy Forum offers a unique opportunity to dig deep into the latest federal legislative, regulatory, and legal developments.  Join us May 8-11, 2011 at the Westin Washington DC City Center for compelling speakers and consecutive, rather than concurrent, committee meetings ensuring the maximum benefit of information on issues of immediate and long-term impact to utilities across the country.   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
Join your clean water colleagues for the only conference specifically designed for pretreatment professionals!  This year’s National Pretreatment & Pollution Prevention Workshop, taking place May 18 - 20 at the St. Louis Union Station Marriott, will focus on timely topics including the current status of effluent guidelines development, pretreatment performance measures, natural gas fracturing (fracking) issues and other programs.  NACWA has secured a special group rate of $129 per night (single/double), at the St. Louis Union Station Marriott.  View the preliminary agenda, register online, and obtain other information for your visit to St. Louis on NACWA’s website.