» Clean Water Current Archive

July 8, 2011

NACWA Holds Productive Discussion with NGO Groups on SSOs

NACWA continued its preparations for EPA’s July 14-15 workshop on sanitary sewer overflows (SSOs) and peak wet weather discharges, meeting this week with American Rivers and the Natural Resources Defense Council (NRDC) to develop an understanding of where the groups stand on the issues that will be discussed at the workshop.  The groups found consensus on several main points, including the need for a comprehensive SSO rule that includes requirements for notification and reporting of SSOs, provisions for extreme events that lead to SSOs, permitting for collection systems, and requirements for capacity, management, operations, and maintenance (CMOM) to reduce SSOs.  The discussion was productive and although not all details could be discussed thoroughly, there was significant reason for optimism that next week’s EPA workshop would be a productive one.  NACWA will meet with the Water Environment Federation (WEF) next week to discuss how best to present a consistent message from the clean water community at the workshop and plans to discuss this issue further with State group representatives, as well. 

NACWA Advocacy Obtains Key Biogenic Emissions Deferral in EPA Final Rule

NACWA advocacy resulted in a significant, beneficial change for utilities in EPA’s final rule that defers biogenic carbon dioxide emissions from the Clean Air Act (CAA) permitting requirements for greenhouse gases (GHGs).  CAA regulation of GHG emissions began this year as the Tailoring Rule incrementally subjects GHG emissions to Title V and Prevention of Significant Deterioration (PSD) permitting requirements, starting with the largest sources and bringing in other sources over time.  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.  However, the Tailoring Rule did not address how biogenic emissions should be handled. 

EPA proposed a rule in March – inclusive of emissions from combustion of biogas and biosolids – to defer biogenic emissions from CAA requirements for three years while it studied the issue.  NACWA’s comments  on the proposed rule asked EPA to be more specific about the emissions from wastewater treatment that would be deferred from CAA requirements.  EPA responded to NACWA’s comments and the final rule, which was signed on July 1, now also defers carbon dioxide (CO2) from wastewater treatment processes.  States will still need to incorporate this deferral into their permitting programs, and if they do, the deferral of biogenic emissions should mean that utilities will not fall under the Title V and PSD permitting requirements for the next three years.  Any utilities that expect their emissions to meet the thresholds for these requirements are requested to notify Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 

Key Stakeholder Groups Submit Letter to EPA on Stormwater Rule-Making Process

NACWA collaborated with a number of other stakeholder groups in sending a letter  to EPA July 8 on the Agency’s post-construction stormwater rulemaking process.  The letter outlined a number of areas of common concern with regard to the upcoming proposed rule and asked for additional clarification on certain elements that EPA may include in its initial proposal.  Signed jointly by NACWA, the Water Environment Federation (WEF), the Association of State & Interstate Water Pollution Control Administrators (ASIWPCA), American Rivers, and the Natural Resources Defense Council (NRDC), the letter follows a meeting the five organizations held recently with key EPA staff working on the stormwater rule.  In particular, the letter requests EPA provide clarification on how a retrofit requirement may be included in the final rule, which is a critical issue for NACWA and its municipal members.  The letter is consistent with NACWA’s previous statements on the rulemaking process but also emphasizes to EPA the broad stakeholder interest in the eventual rule proposal, which is expected to be released in late September.  NACWA played a key role in helping to draft the joint stakeholder letter and looks forward to continued communication with key stakeholders on this important issue once the proposal is published.  

NACWA Seeks State/Regional Group Signatures on Nutrient Letter to EPA

This week NACWA sent a draft letter  to key state/regional organizations representing public clean water agencies asking for their organizations’ signature and support.  The letter, addressed to EPA Administrator Lisa Jackson, expresses a strong municipal position on nutrient control policy.  NACWA believes the nutrient issue demands a unified municipal advocacy posture that makes the case that a one-size-fits all approach to nutrient control is unworkable and that all contributors to the problem, including agriculture, must do their fair share.  The letter also makes some specific recommendations regarding the next steps EPA can take to ensure progress on the nutrient front.  NACWA encourages any members who are active within a state/regional organization representing clean water agency interests to circulate this letter with the appropriate individuals and encourage their organization(s) to sign on to the letter.  The deadline to sign the letter is Wednesday, July 13.  Please contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for any further information.

NACWA Files Response to Farm Bureau Opposition in Chesapeake Bay Case

NACWA filed a reply motion  July 5 in the ongoing litigation over EPA’s final total maximum daily load (TMDL) for the Chesapeake Bay.  NACWA’s motion responds to the agricultural plaintiffs’ opposition to the Association’s intervention in the case and reiterates the importance of the Association’s participation to defend a holistic watershed approach for water quality improvement.  NACWA’s action follows a filing  submitted by the plaintiffs last month arguing that NACWA and its municipal partners should not be granted intervention in the litigation because EPA is already sufficiently representing municipal utility interests.  The municipal reply brief disputes this assertion and argues that while NACWA may be supporting EPA in certain respects in defending a challenge to the TMDL by agricultural interests,  the federal agency will not sufficiently represent the perspective of municipal clean water agencies.  In particular, the NACWA motion makes clear that municipal agencies have a unique interest in the case to ensure an equitable distribution of wasteload and load allocations under the TMDL among all sources and prevent public clean water utilities from bearing more of the burden if the agricultural dischargers are allowed to walk away from the process, a perspective that EPA will not adequately represent.  The NACWA motion also outlines the need for a distinct municipal voice in the litigation to defend a comprehensive watershed approach to water quality improvement.

The litigation, American Farm Bureau et al v. EPA, was initiated in January by a collection of agricultural groups arguing that EPA has no authority to regulate or assign allocations to nonpoint agricultural sources under the TMDL program.  NACWA moved to intervene in the case in May on the side of EPA to ensure that the interests of NACWA’s public utility members are protected and to ensure that EPA’s ability address nonpoint sources and administer a holistic watershed approach through the TMDL program is upheld.   NACWA is participating in the case along with the Maryland Association of Municipal Wastewater Agencies (MAMWA) and the Virginia Association of Municipal Wastewater Agencies (VAMWA).  Additional information on the case is available on the Litigation Tracking section of NACWA’s website. 

NACWA Discusses Priority Advocacy Issues with Region 2 Members

On July 7, NACWA staff traveled to Newark, N.J., to discuss priority national advocacy issues with public utility leaders from Region 2 as part of a broader Association effort to further strengthen its ties with state and regional groups representing clean water agencies.  The exchange proved to be of considerable value for both the NACWA staff – and the utilities that participated.  It was clear that many of the issues on which NACWA is most actively advocating – including wet weather enforcement, nutrient control, sewage sludge incineration, and funding – had great relevance to New Jersey and New York public agencies.  The value to staff of hearing positions and priorities directly from Association members was immeasurable – and initial feedback from the agencies present suggested that the utilities also found great value in learning more about key Association initiatives.  NACWA looks forward to hearing the views of its members during upcoming meetings planned for other state and regional organizations, including those in Oregon and Kansas this summer.   

House Introduces FY 2012 EPA Funding Bill that Cuts SRFs

On Thursday, the House Appropriations Subcommittee on Interior, Environment & Related Agencies approved a $27.5 billion fiscal year 2012 spending bill, including $7.1 billion for EPA.  The measure contains significant cuts to EPA programs, including the Clean & Safe Drinking Water State Revolving Fund (CWSRF & DWSRF) programs.  The House proposal would reduce the CWSRF program to $689 million for fiscal year (FY) 2012 from $1.5 billion in FY 2011, and provide $849 million to the DWSRF program from an allocation of $990 million in FY 2011.  The measure also contains two provisions that would restrict EPA’s ability to move forward on several policies, including a provision preventing the Agency from spending funds to implement Clean Water Act jurisdiction guidance; and, a provision relating to EPA’s work on promulgating a new stormwater rule requiring the Agency to submit to Congress a report outlining program options, and a thorough cost-effectiveness analysis of any proposed rule the Agency may pursue.  NACWA has sent key House and Senate Members correspondence on a regular basis on its own and through the Water Infrastructure Network (WIN) seeking to ensure the highest possible level of funding for the SRFs.  The Association will continue to do so as the full Appropriations Committee prepares to mark up the subcommittee appropriations bill July 12.

NACWA Submits List of Preliminary Issues in Solid Waste Rule Challenge

NACWA filed a preliminary, non-binding statement of issues July 8 with the U.S. Court of Appeals for the District of Columbia Circuit, outlining a number of important concerns the Association intends to raise in its lawsuit challenging EPA’s final definition of non-hazardous solid waste.  Among the issues included in NACWA’s list is whether EPA’s determination that biosolids that are combusted be defined as a solid waste is a violation of existing federal solid waste law, including the existing exemption for domestic sewage from solid waste regulations.  NACWA also plans to question whether EPA’s solid waste rule ignores the comprehensive regulatory regimen set out for biosolids under the Clean Water Act; whether the solid waste rule was developed using faulty data; and, whether the rule fails to exempt contained gases that are produced from biosolids from solid waste regulations.  The filing marks an important procedural step forward in the NACWA lawsuit and sets the stage for more substantive briefing in the case later this year.  A copy of the statement of issues will be available on NACWA’s website on Monday.

NACWA’s litigation on the final solid waste rule is part of the Association’s overall advocacy efforts involving the EPA recent sewage sludge incinerator (SSI) regulations.  The Association is also pursuing a parallel legal challenge to the final SSI rule and will be making additional filings in that case within the next few weeks.  Additional information on NACWA’s legal efforts regarding the solid waste and SSI rules is available on the Litigation Tracking page of the Association’s website.

Countdown to NACWA’s 2011 Summer Conference Has Begun!

We are counting the days until we see our clean water colleagues in Chicago —  July 19-22, 2011 — at the Westin Chicago River North for NACWA’s 2011 Summer Conference, Engineered for Success. . .Creating a First Class Public Utility.  This year’s agenda  will explore efforts underway at utilities to evaluate and enhance the sustainability of management practices and overall operations.  It’s not too late to register for this conference and NACWA is offering a discounted registration  to Gen X/Gen Y staff attending with their NACWA member representative.  As an added feature, Continuing Education Units (CEUs) and Professional Development Hours (PDHs) will be available to attendees for the first time.  Visit NACWA’s website to view the program or register for the conference.

American Biogas Council Announces Webinar Series, Discount for All NACWA Members

The American Biogas Council is hosting its first webinar series dedicated to the growing U.S. biogas industry and is offering a 25% discount for all NACWA members.  The webinar, State and Federal Policy for Biogas, takes place Tuesday, July 12 at 12:00 pm Eastern, and will explore federal and state level policies that affect the development of biogas-producing anaerobic digestion facilities.  Through participating in the webinar, participants will learn from and interact with the industry’s legislative experts.  To register and receive a 25% discount for the American Biogas Council’s webinar, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .