» Clean Water Current Archive

August 5, 2011

NACWA, State/Regional Groups Highlight Concerns Regarding Numeric Nutrient Criteria

NACWA led an effort to encourage key state and regional organizations representing the clean water community to sign on to a letter that was sent this week to EPA Administrator Lisa Jackson regarding numeric nutrient criteria.  The letter was signed by NACWA, the Water Environment Federation (WEF), and 25 state/regional organizations.  It affirms the municipal clean water community’s dedication to addressing nutrient-related impacts, while underscoring key concerns with EPA's current approach for developing numeric water quality criteria.

While other groups have raised similar concerns, NACWA believes that this letter demonstrates the unified voice of the municipal clean water community at a critical juncture in national nutrient policy.  The clean water community continues to be the only major source of nutrients held accountable for its contributions in most parts of the country and has already invested billions of dollars of ratepayer money to address this critical water quality challenge.  While clean water agencies are committed to doing their fair share, there must be greater certainty as to the water quality outcomes from the tens of billions of dollars in additional investment that may be needed nationwide.   The letter notes that it is critical that EPA “enable the States to develop meaningful water quality goals…to help ensure that nutrient loading reductions are both cost-effective and sustainable and the investments municipalities make have a real and significant impact on water quality while maximizing overall environmental benefit.”  The letter also recommends that EPA “accept approaches that do not fit within its current approach mold for developing water quality criteria.”

EPA’s continued insistence that States develop independently applied numeric criteria for both nitrogen and phosphorus for all waters is hindering progress and the letter urges the Agency to embrace and support the many innovative approaches being explored by the States.  While recent policy statements from EPA, including a March 16 memorandum outlining a nutrient control framework, suggest that States will have the lead on nutrient-related issues, the Agency has continued to insist that States must eventually develop numeric criteria for nitrogen and phosphorus for all waters.  States have begun to explore the use of a “weight of evidence” approach to evaluate more than just the concentrations of nitrogen or phosphorus before determining if a water body is impaired.  Nutrient control programs in the Chesapeake Bay and in the State of Kansas, for example, operate without numeric criteria values for nitrogen and phosphorus and the municipal community, along with a broad group of stakeholders from all industry sectors, as well as state regulators, are encouraging EPA to embrace these workable, alternative approaches.

NACWA to Help Coordinate Next Steps toward a Comprehensive SSO Rule

Building on the areas of agreement that were expressed by the stakeholder groups at the July 14-15 EPA workshop on sanitary sewer overflows (SSOs), NACWA is planning to continue discussions with these groups on components of a potential SSO rule.  Jim Hanlon, Director of EPA’s Office of Wastewater Management, spoke to NACWA’s Facility & Collection Systems Committee on July 20 at the NACWA Summer Conference.  Hanlon stated that based on the agreement and interest expressed at the meeting, EPA is committed to moving forward on an SSO rule, although there is no specific timetable yet for this effort.  Hanlon also met with the leadership of the Facility & Collection Systems and Legal Affairs Committees to discuss next steps and encouraged NACWA to work with the other stakeholder groups to develop consensus and draft an outline of the issues involved with a comprehensive rule.  NACWA has begun reaching out to the groups and will be scheduling additional conversations in the coming weeks.  NACWA will also provide the SSO issue outline to its full membership when it is finalized.

NACWA also provided Ken Kopocis, the Administration’s nominee for EPA Assistant Administrator for Water, with documents outlining the Association’s position on a comprehensive SSO rule and expressed the desire to work with him on this critical issue once he is confirmed.  The Senate confirmation vote is expected to take place in September, although a specific date has not been set yet.  NACWA will continue to work with EPA to ensure that progress is made toward a comprehensive SSO rule and is scheduled to meet with both Acting Assistant Administrator Nancy Stoner and Jim Hanlon next week to raise the importance of the SSO effort with them as well as other key clean water issues.

EPA Denies Petition to Develop Federal Criteria for Mississippi River Basin

EPA sent a letter July 29 to a coalition of environmental NGOs denying their petition to force EPA to, among other things, develop numeric nutrient criteria for the Mississippi-Atchafalaya River Basin (MARB) and the northern Gulf of Mexico.  In denying the petition, EPA stated that it does not “believe that the comprehensive use of federal rulemaking authority is the most effective or practical means of addressing these concerns at this time.”  While many stakeholders were tracking this petition to see what impacts it might have on the MARB, the petition actually sought even broader action.  The petition’s main demand was that EPA develop and promulgate numeric water quality standards for nutrients for all navigable waters in all 50 states where such criteria do not exist and that in the alternative, EPA promulgate criteria for the MARB and Gulf, at least addressing the states along the main stem of the Mississippi River and the northern Gulf, and establish TMDLs for these same areas.  Though EPA’s denial of the petition is a positive development, EPA’s letter was careful to preserve its authority to take direct federal action, as it did in Florida, in the future, if appropriate.  NACWA believes that EPA’s denial opens the door to a potential legal action by the petitioners.  The Association will monitor developments closely and determine its course of action at the appropriate time.

Congress Completes Work on Debt Ceiling and Budget Package; Cuts Expected to Environmental Programs

Congress this week completed work on a budget deal tied to legislation to raise the debt ceiling.  This deal comes in two parts:  the first part would reduce the deficit by approximately $920 billion over the next ten years beginning with fiscal year (FY) 2013 through spending reductions to discretionary programs, including defense.  The second part could lead to a further reduction in the deficit by $1.5 trillion should a bipartisan Super Committee of both the House and Senate come to an agreement and enact it before January 15 2012.  If this Committee fails to come to an agreement, then an automatic trigger of additional spending cuts of $1.2 trillion kicks in.  This second round of cuts under the automatic trigger includes both discretionary and non-discretionary cuts, with half of the discretionary cuts coming from cuts to defense-related programs.  Although specific programs cuts are yet to be determined, it is anticipated that environmental programs will suffer, including the Clean Water and Drinking Water State Revolving Fund (CWSRF and DWSRF) programs.

Ironically, since the spending cuts encapsulated in this budget deal do not kick in until FY 2013, the cuts contained in the House Appropriations Committee’s FY 2012 package for Interior, Environmental Protection Agency and Related Agencies are not necessary to meet the overall spending reductions in the agreement, potentially resulting in fairly stable funding levels for FY 2012.  However, beginning in FY 2013, the budget package would likely lead to dramatic cuts to environmental programs, and finding alternative ways for financing water infrastructure projects will continue to be necessary.

One additional outcome of this budget deal may be that the debate over spending could shift — and to some extent already has shifted — to a debate over policies that will spur economic growth and job creation.  Though Democrats and Republicans maintain differing views of the types of policies, innovative financing and regulatory reform will no doubt be at the center of the debate.  This will provide an opportunity for NACWA to help focus attention on smart policy reforms that can help communities meet their responsibilities under the Clean Water Act in a way that won’t bankrupt them in the process.  NACWA will, of course, seize on these opportunities and focus attention on issues related to creative funding mechanisms, including a trust fund, and its Money Matters™ regulatory prioritization campaign.

National Environmental Achievement Award Applications Now Available

NACWA is now accepting nominations for the 2012 National Environmental Achievement Award (NEAA) program.  Each year, NACWA recognizes individuals and Member Agencies for their outstanding advocacy and/or innovative projects that positively impact the environment, their utility, their community, NACWA, and the clean water industry.  For over 25 years, this prestigious recognition program has been acknowledging those individuals and Member Agencies that are having a significant environmental impact on their community – and this year we would like to recognize you!

Award nominations are due Friday, October 14, 2011.  Applications and nomination guidelines can be found on our website at www.nacwa.org/neaa.  Please contact Kelly Brocato, Director of Membership Development, at 202/833-1449 or at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for additional information.  Apply today and get recognized!

Water & Wastewater Leadership Center Application Process Underway

Applications are now being accepted for the 2012 Water & Wastewater Leadership Center executive education program, February 19– March 2, 2012, at the Kenan-Flagler Business School on the campus of the University of North Carolina at Chapel Hill.  The deadline for applications is Friday, November 11.  Interested individuals are strongly encouraged to apply early, as space in the program is limited.

The Leadership Center is specifically designed to prepare current and up-and-coming public and private water and wastewater utility leaders to effectively and efficiently manage their utilities while meeting the current needs of their customers with the highest level of service and quality.  No other program cultivates water sector leadership and management skills like this intensive 12-day executive management learning experience.  Students are challenged to broaden their perspective on evolving issues facing utilities and the changing business environment, while key course elements provide instruction on how to think strategically and lead confidently.  This targeted curriculum is enhanced by the state-of-the-art facilities, as well as the engaging and dynamic instructors.  Leadership Center brochures and applications have been forwarded to all members.  You may also request a Leadership Center application or additional information by visiting the Conferences and Professional Development section of NACWA’s website or by contacting Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .