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August 8, 2008

Ohio Senators Introduce Bipartisan Financial Capability Legislation

Sens. George Voinovich (R-Ohio) and Sherrod Brown (D-Ohio) introduced bipartisan affordability/financial capability legislation Aug. 1 that calls on EPA to update its 1997 Combined Sewer Overflows — Guidance for Financial Capability Assessment and Schedule Development.  A group of NACWA members and staff has been working closely with the two Senators’ offices to help develop the legislation.  The Clean Water Affordability Act of 2008 (S. 3443) mirrors much of NACWA’s thinking on the need for increased flexibility in assessing financial capability and would require EPA to update its guidance to ensure financial capability determinations more accurately reflect the ability of a community to pay for certain Clean Water Act requirements.

Consistent with NACWA’s previous work on financial capability, S. 3443 would require capability assessments to examine site-specific conditions and economic factors and would move EPA away from relying largely on prescriptive formulas and measures, such as median household income, in determining when a particular Clean Water Act program is affordable.  The bill also establishes a $1.8 billion grant program over five years that states would direct to distressed communities facing large investment needs for combined and sanitary sewer system improvements.  Although the bill is not expected to advance in the closing weeks of the 110th Congress, NACWA will seek other Senate cosponsors for the bill and work to have it reintroduced with broader support next year.  In the meantime, it is a valuable document for communities to use in negotiations regarding combined sewer overflow long-term control plans and in other advocacy efforts that take affordability into account.

EPA Announces Data Collection Effort, NAS Study on Pharmaceuticals in Water

EPA announced Aug. 6 that it is seeking comments on an information collection request (ICR) on pharmaceutical handling practices at the nation’s health care facilities.  EPA intends to conduct a “detailed study of unused pharmaceutical disposal methods by hospitals, long-term care facilities, hospices and veterinary hospitals.”  EPA said it wants more information on the practices of the health care industry to inform future potential regulatory actions and to identify best management and proper disposal practices.  The announcement comes after Benjamin Grumbles, EPA assistant administrator for water, faced a tough line of questioning during a Senate hearing this past April on the agency’s efforts to address pharmaceuticals in water.

EPA also announced it is commissioning the National Academy of Sciences (NAS) to provide scientific advice on the potential risk to human health from low levels of pharmaceutical residues in drinking water.  NAS will convene a workshop of scientific experts Dec. 11-12 to advise the agency on methods for screening and prioritizing pharmaceuticals to determine potential risk.  EPA will accept public comments on the Health Care Industry ICR for 90 days after it is published in the Federal Register.  NACWA’s Emerging Contaminants Workgroup will meet via teleconference Aug. 13 to discuss these new EPA initiatives and decide whether the Association will comment on the draft ICR.  More information on EPA’s research and response to pharmaceuticals and personal care products (PPCPs) in the environment and a pre-publication copy of the ICR are available on EPA’s website.

NACWA Meets with Key Senate Staff to Discuss Biosolids

NACWA and the Water Environment Federation (WEF) met this week with Democratic and Republican staff members of the Senate Environment and Public Works (EPW) Committee seeking support for municipal biosolids management programs.  Sen. Barbara Boxer (D-Calif.), chair of the committee, is considering holding an oversight hearing this September after a series of misleading articles earlier this year raised questions about the safety of land applying biosolids.  NACWA sent its members a Regulatory Alert (RA 08-03) providing details on these articles by the Associated Press (AP).  Even though sensational claims in the AP series have been shown to be inaccurate, they nevertheless garnered significant attention within the EPW Committee.

Senate staff have been receptive to the information NACWA and WEF have provided regarding the safety of land application and the effectiveness of EPA’s Part 503 regulations, which govern biosolids management.  NACWA also continues to urge the committee to include the municipal wastewater treatment perspective for the hearing and has recommended Chris Westhoff, assistant city attorney and public works general counsel for the City of Los Angeles, as an expert witness.  In separate meetings this week, the committee’s minority staff have expressed an interest in inviting Westhoff to testify if the majority chooses other witnesses.  NACWA will continue to work with WEF to ensure that there is a balanced roster of witnesses for any hearing on biosolids before the EPW Committee.

Excellence in Management Recognition Program Applications Due Aug. 15

Applications for the NACWA Excellence in Management Recognition Program are due next Friday, Aug. 15.  NACWA public utility members that have implemented creative programs addressing the range of management challenges facing clean water agencies in today’s competitive environment are encouraged to apply.  This will provide an opportunity for them to show how these programs improved their overall utility efficiency and effectiveness.  More information about the Excellence in Management Recognition Program and applications are available at www.nacwa.org/eim.  Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , director of membership development, for further information.

Upcoming NACWA Conferences to Provide Valuable Information on Critical Issue Areas

NACWA’s slate of upcoming conferences and workshops addressing critical action items for clean water agencies will help prepare your utility for the challenges ahead — from a new Congress and administration to an increasingly tight economic landscape — so mark your calendars today.  These workshops and conferences provide important opportunities for networking and exchanging valuable information on emerging and evolving legislative, regulatory, and environmental initiatives as well as legal and management developments.  Mark your calendar for the following important conferences and workshops:

2008 Developments in Clean Water Law Seminar
Developments in Clean Water Law: A Seminar for Public Agency Attorneys & Managers
November 12-14, 2008
Fairmont Hotel, Washington, D.C.

2009 Winter Conference
Controlling Chaos: Managing Rising Capital Costs
February 3-6, 2009
Westin Buckhead Atlanta , Atlanta, Ga.

National Pretreatment & Pollution Prevention Workshop
March 25-27, 2009
Hilton Charlotte University Place, Charlotte, N.C.

Watch NACWA’s website and your mail for more details on these upcoming conferences!