» Clean Water Current Archive

September 9, 2011

President Obama Touts Need for More Infrastructure Spending, NACWA’s Focus Turns to Congress

In his address last night, President Obama called on Congress to work with him to improve the nation’s unemployment crisis through a number of measures, including approximately $90 billion in spending on new infrastructure projects as part of the American Jobs Act, details of which will be released by the White House next week.  Although not mentioning water infrastructure directly, the President’s speech referred to the creation “of an independent fund to attract private dollars and issue loans based on two criteria: how badly a construction project is needed and how much good it would do for the economy.”  Clearly, there is still a lot of work to be done to ensure that water infrastructure is a part of an appropriate package or mechanism that may advance through Congress – and NACWA is covering all bases to do so.

NACWA reported previously that it had begun a Fall offensive (see the August 12, 2011 Clean Water Current) to ensure that the importance of investing in clean water infrastructure is made clear as the Administration and Congress now begin their jobs creation and deficit reduction negotiations.  The Association sent a letter and accompanying White Paper to President Obama and key White House officials laying out, in detail, how clean water investment can spur the economy, create jobs, and improve the environment and public health.  NACWA this week sent the letter and White Paper to the newly formed Select Committee on Deficit Reduction, also known as the Super-Committee, and to all members of Congress.

NACWA also urged members of the House of Representatives to sign onto a Dear Colleague Letter from Representatives Tim Bishop (D-N.Y.), Nick Rahall (D-W.V.), and Henry Waxman (D-Calif.) that advises President Obama to include water-related projects in his efforts to renew infrastructure investment and promote job creation.   The letter, signed by 50 Representatives, states that while the economic and societal benefits of investment in the nation’s roads, railways, and airports are obvious, rebuilding and repairing the nation’s network of water infrastructure provides many of the same benefits, including job creation, as well as the added, long-term benefits of protecting public health and improving the environment.

President’s Speech Highlights Regulatory Review Effort

President Obama’s speech also touted his related work to cut wasteful spending, stating that “I agree that there are some rules and regulations that put an unnecessary burden on business at a time when they can least afford it.  That’s why I ordered a review of all government regulations.”  This review resulted recently in EPA finalizing its Regulatory Review Plan.  The Plan includes important statements and commitments by the Agency to work toward viable Clean Water Act integrated permitting and regulatory prioritization approaches, among other valuable efforts.  NACWA forwarded Advocacy Alert 11-20 to its members this week detailing the CWA-related regulatory review efforts that EPA addressed in its plan.  In addition to the broader integrated permitting initiative, the Plan also discusses efforts such as improving agricultural programs to benefit water quality, new approaches to estimating CWA-related cost analyses, and sanitary sewer overflows, among others.  NACWA will be working closely with EPA as it carries out these reviews and implements changes to these important programs.  The Association has meetings scheduled next week with high-level EPA and Congressional staff on the development of a viable integrated permitting/regulatory prioritization approach and will continue to update members as these efforts, under the Money Matters™ campaign, advance.

NACWA Discusses Effluent Guidelines Program with GAO

The Government Accountability Office (GAO) is beginning work on a new study on the Effluent Limitations Guidelines (ELG) program, as requested by the House Transportation & Infrastructure Committee’s Water Resources & Environment Subcommittee.   NACWA met with GAO late last week to provide input on how public clean water agencies are affected by the ELG program.  The Association provided information on how pretreatment programs operate.  A major topic of discussion was EPA’s upcoming proposal for dental amalgam separators, which will be required as a pretreatment standard for dental facilities.  NACWA and GAO also discussed the limitations of the ELG program in addressing pollutants from residential sources.  The study is in its initial phase and GAO will be determining its direction in the coming months.  A final report is expected in late 2012.  NACWA will continue to provide information to GAO as the study progresses and keep its members apprised.

EPA to Deny SSI Reconsideration Petition, NACWA’s Legal and Legislative Advocacy Efforts Advance

NACWA has learned that EPA is planning to deny the Association’s administrative petition for reconsideration and stay of the Agency’s final sewage sludge incineration (SSI) rule.  As a result, NACWA is shifting its legal and legislative advocacy efforts on the issue into high gear.   EPA has verbally informed NACWA that it intends to deny the Association’s late May reconsideration request regarding EPA's authority to regulate SSIs under the more stringent requirements of Clean Air Act Section 129 and the Agency's use of data from less than 12 percent of existing SSI units to develop the new emissions standards.  EPA continues to review one additional issue that NACWA raised in the petition regarding the Agency’s failure to consider variability characteristics in sewage sludge.  An answer on this outstanding issue is expected at any time.  The Agency has also verbally informed NACWA that it will not grant an administrative stay of the final SSI rule.  A formal written response from EPA outlining these denials is expected soon.

While NACWA is disappointed that EPA chose not to grant reconsideration of key elements of the final SSI rule – or to stay the rule – the Agency’s decision is not entirely unexpected.  NACWA is already hard at work on both legal and legislative advocacy efforts to push back against the rule.  These will now increase in intensity given EPA’s refusal to grant reconsideration.  On the legal front, NACWA will be filing a request for a judicial stay of the SSI rule with the U.S. Court of Appeals for the District of Columbia Circuit early next week, asking the court to put implementation of the rule on hold until such time as the court reviews the merits of NACWA’s lawsuit challenging the regulation.  NACWA is also ramping up its legislative efforts to secure congressional action that will overturn the SSI rule, and has meetings scheduled with key Congressional offices in the coming weeks to pursue this approach.  Additional information on NACWA’s SSI advocacy is available on the Litigation Tracking section of the Association’s website.  We will continue to keep the membership updated on developments.

Join NACWA on Upcoming Security & Emergency Preparedness Committee Web Meeting

Please join NACWA’s Security & Emergency Preparedness Committee for its web-based meeting on Thursday, September 22, from 2:00 to 3:30 pm Eastern for a discussion of “Security & Emergency Preparedness: State of the Water Sector 10 Years Later.”  In addition to a general discussion on the state of security and emergency preparedness ten years after the September 11 terrorist attacks, other planned topics include the current status of Chemical Facility Anti-Terrorism Standards (CFATS) legislation; Water and Wastewater Agency Response Networks (WARNSs); the new ANSI J100-10 standard, Risk and Resilience Management of Water and Wastewater Systems, and the possible upgrade of the vulnerability assessment tools (VSAT, ARAM-W, and SEMS) to meet the requirements of the standard; EPA’s Water Health and Economic Analysis Tool (WHEAT) for wastewater utilities, including pilot testing at two NACWA member agencies; and, a case study of a successful emergency response and recovery effort.  Additionally, any relevant developments associated with the recent ‘unconfirmed, but credible threat’ will also be shared.  Participation in the virtual committee meeting is free of charge.  To receive instructions to join the meeting, please register in advance by visiting NACWA’s Security & Emergency Preparedness webpage.  An agenda for the meeting will be posted on this page next week.

NACWA Welcomes Hannah Mellman as Legislative Manager

This week, NACWA welcomed Hannah Mellman to its government affairs team.  She joins NACWA as Legislative Manager, following the departure of John Krohn, and will be working to help advance NACWA’s legislative agenda.  Before joining NACWA, Hannah worked as the U.S. Policy Advisor for the International Emissions Trading Association (IETA), where she specialized in federal climate and energy policy, as well as emerging regional emissions trading programs.  Hannah was also previously a legislative aide in the U.S. Senate, where she focused on environmental issues for Senator Paul Sarbanes.  After working for Sen. Sarbanes, Hannah did policy work in the office of Senator Claire McCaskill.  Hannah is an honors graduate of the London School of Economics, where she earned an MSc in Environmental Policy and Regulation.  NACWA is pleased to have Hannah on board with our team.  Hannah can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202.833.4655.

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