» Clean Water Current Archive

October 28, 2011

EPA Outlines Plans for Integrated Planning Framework for Regional Offices, Seeks to Work as “One EPA” with States and Local Governments

EPA sent a memorandum to its Regional Administrators and regional water and enforcement office directors this week outlining its plans to develop an integrated planning framework.  The framework is intended to help clean water agencies identify cost-effective and protective solutions to meet their Clean Water Act (CWA) wastewater and stormwater obligations, and then prioritize their investments to address the most pressing water quality issues first.  As NACWA reported earlier this month, EPA announced its plans to issue this memorandum during an October 3 meeting with key NACWA utility representatives and other stakeholders.

NACWA applauds this action by Nancy Stoner, EPA's Acting Assistant Administrator for Water and Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement & Compliance Assurance – taking the first key step toward recognizing the enormous affordability challenges facing clean water agencies.  The memo sends a strong message that EPA is serious about considering all of a municipality's CWA obligations together and evaluating implementation from both an environmental and cost standpoint.  The October 27 memorandum and forthcoming framework were inspired by the momentum NACWA has generated through its Money Matters™ campaign and related efforts spearheaded by the U.S. Conference of Mayors.  The memo stresses that EPA must be “mindful that many of our state and local government partners find themselves facing difficult financial conditions” and that the Agency must “proceed as one EPA” to ensure the most cost-effective approaches for meeting the shared objectives of clean water are pursued.  EPA’s memo indicates that the Agency intends to use existing flexibility within current CWA authorities to “evaluate a municipality’s financial capability...to set appropriate compliance schedules, allow for implementing innovative solutions and sequence” critical capital projects and operation and maintenance work in a more cost-effective manner that still ensures human health and the environment are protected.

The memo notes that EPA water and enforcement office officials are already working on a draft integrated planning framework.  The framework, when drafted, will identify 1) the essential components of an integrated plan; 2) steps for identifying municipalities that might make best use of such an approach; and 3) how best to implement the plans together with the states under the CWA permit and enforcement programs.  As expected, the memo also devotes significant attention to green infrastructure, noting that such approaches and associated innovations are “important tools that will be fundamental aspects of the integrated waste- and storm-water planning solutions” envisioned by EPA.  Although the memo commits to drafting the framework, the document is silent on any deadlines, timeframes or hard endpoints.  NACWA, and the network of municipal and state organizations that are supporting this effort, will be sending Stoner and Giles a letter applauding this memo but urging some real timeframes for an end product.

Once the draft framework is complete, EPA will be working to set up meetings with stakeholders to gather input.  NACWA is already planning an initial, multi-stakeholder meeting for early December to provide EPA with feedback on its approach.  Additional details on EPA’s effort will be posted on a new website EPA has dedicated to the initiative and NACWA will alert the membership of any new developments.

NACWA Holds Capitol Hill Briefing on Green Infrastructure

NACWA joined with a number of other organizations to hold a briefing October 25th on Capitol Hill regarding green infrastructure and the important role it can play in helping municipalities manage wet weather flows, improve water quality, and enhance community livability.  Kyle Dreyfuss-Wells, Manager of Watershed Programs at NACWA member agency the Northeast Ohio Regional Sewer District and Chair of NACWA’s Stormwater Management Committee, spoke about how green infrastructure can provide a valuable complement to gray infrastructure in addressing wet weather issues.  She highlighted some of Cleveland’s innovative green infrastructure projects that have helped to reduce runoff, flooding and erosion, as well as provide additional environmental and aesthetic benefits.  A copy of Dreyfuss-Wells’ presentation can be found here .  Other groups joining NACWA at the briefing included American Rivers, the Water Environment Federation and the American Society of Landscape Architects.

Following the briefing, NACWA met with several Congressional offices, including leadership staff on the Senate Environment & Public Works Committee, to express support for the Green Infrastructure for Clean Water Act (CWA).  This legislation, introduced by Senator Tom Udall (D-NM) and Representative Donna Edwards (D-MD), would provide federal grant money and technical assistance to help fund and implement green infrastructure projects.  Although this bill is unlikely to come up for a vote this year, NACWA stressed the importance of funding for green infrastructure as a way to encourage its use by communities in managing wet weather issues throughout the country.

NACWA Files Court Papers Bolstering Case for Stay of SSI Rule

NACWA filed documents today in its litigation over EPA’s Sewage Sludge Incineration (SSI) rule, reiterating the Association’s legal and technical arguments in favor of a judicial stay of the final SSI air emissions regulations.  NACWA filed a Reply to EPA’s Opposition to Motion for Stay and a Reply to Sierra Club’s Opposition to Motion for Stay with the federal court of appeals in Washington, DC.  Both documents responded to arguments put forth by EPA and Sierra Club that a judicial stay of the SSI rule is inappropriate.

NACWA’s filings point out the significant legal and technical flaws in EPA’s SSI rule, including the fact that the Agency disregarded Congress’ directives and promulgated the regulations under the incorrect section of the Clean Air Act.  Additionally, EPA used insufficient data in developing the final emission limits.  NACWA’s papers also point out that many of the public clean water utilities that operate SSIs are facing immediate and irreparable harm from both an economic and environmental standpoint if the rule is not stayed.  The Association goes on to strongly encourage the court to immediately place implementation of the rule on hold until the merits of NACWA’s legal challenge can be decided.  NACWA has also requested an expedited review by the court of its stay request and is hopeful the court will issue a ruling as soon as possible.

NACWA filed its initial Motion for Stay last month, and both EPA and Sierra Club responded with motions in opposition.  The documents NACWA filed today serve as a reply to those oppositions.  Copies of NACWA’s court filings will be available on the Litigation Tracking page of NACWA’s website early next week.

NACWA Urges Science Advisory Board to Exempt Wastewater Biogenic Emissions from Greenhouse Gas Accounting

The EPA Science Advisory Board (SAB) Expert Panel on Biogenic Carbon Emissions met for the first time this week to consider the Agency’s draft Accounting Framework for Biogenic Emissions from Stationary Sources .  This panel was formed to make recommendations to EPA about the science involved with accounting for biogenic emissions.  While most greenhouse gas (GHG) accounting methodologies exempt biogenic emissions as part of the natural carbon cycle, EPA has not exempted biogenic emissions from the GHG Tailoring Rule, which specifies how GHG emissions are regulated under the Clean Air Act (CAA).  Earlier this year, EPA finalized a rule that defers biogenic emissions from CAA regulation for three years while the Agency studies the issue.

The 18-member SAB panel is comprised almost entirely of forestry and agricultural experts.  Although NACWA nominated a wastewater expert, this nominee was not chosen for the panel.  The status of forest and agriculture fuel and waste products dominated the discussion of the panel.  Because of the land use, transport, and other issues associated with these products, their use and emissions accounting is a contentious issue between the industries and environmentalists.  Wastewater emissions were not discussed until NACWA raised the issue during a public comment period.  The draft Accounting Framework assigns a “biogenic accounting factor” (BAF) of zero to biogenic emissions from wastewater, and NACWA urged the panel to keep this factor in place.  NACWA emphasized the necessity of treating wastewater to protect public health and the environment, and the environmental benefits of using biogas and biosolids for generating heat and electricity.  A panel member asked about the magnitude of biogenic emissions from wastewater treatment facilities.  Although NACWA has collected only preliminary information, the Association believes that many utilities would currently be regulated for GHG emissions if biogenic emissions were included.  NACWA will continue to gather information on this subject and engage in the work of the SAB panel.

EPA Announces Efforts to Pursue Formal Rulemaking on Clean Water Act Jurisdiction

NACWA attended an EPA intergovernmental briefing on Oct. 26 where the Agency announced it is currently working with the Army Corps of Engineers on a formal rulemaking process to further clarify federal jurisdiction under the Clean Water Act (CWA).  This announcement comes on the heels of draft guidance on CWA jurisdiction released by EPA in late April.  The Agency indicated during this week’s briefing that it has received nearly 250,000 public comments on the guidance and that the vast majority of those comments encouraged EPA to pursue on formal rulemaking on jurisdiction.  In response to those comments, EPA and the Corps have decided to pursue a rulemaking and are already working on language for a draft rule.

The timeline for the rulemaking process is not clear, but EPA suggested a draft of the rule would likely be released for public comment sometime early next year – with a goal of finalizing the rule by the end of 2012.  It is also unclear exactly how the rule will impact the draft guidance.  EPA staff indicated that while they have not abandoned the guidance, they are also not actively working on it, and instead are focused on the rulemaking effort.  It seems unlikely the Agency will finalize the guidance anytime soon.  The Agency may not finalize it at all if things move quickly toward a final rule.

NACWA previously commented on the draft guidance and will track the rulemaking process very closely, including submitting comments at the appropriate time.  We will keep the membership updated on developments.

NACWA Seeks Member Input on Stormwater Survey

NACWA distributed a survey this week to its members requesting information on payment of municipal stormwater fees by federal government facilities.  The survey results will further inform the Association’s ongoing advocacy on this important issue.  The survey is very short.  Advocacy Alert 11-23 provides more information and background on the survey.  Members are asked to complete the survey online by November 9.  Thank you in advance for your assistance with this information gathering request!

Water Sector Coordinating Council Discusses Upgrades of Vulnerability Assessment Tools

The Water Sector Coordinating Council (WSCC) met with the Government Coordinating Council (GCC) in Washington D.C. this week to discuss the direction that utilities and government agencies will take to continue improving the resiliency of wastewater and drinking water facilities.  One of NACWA’s representatives to the WSCC, Jim Davidson, Manager of Safety & Security with the Northeast Ohio Regional Sewer District, OH, attended the meeting.  Vulnerability assessment tools were a major topic of discussion.  Earlier this year, a Critical Infrastructure Partnership Advisory Council (CIPAC) workgroup examined the new J-100 Risk & Resilience Management of Water and Wastewater Systems standard that has been approved by the American National Standards Institute (ANSI), and determined how the Vulnerability Self-Assessment Tool (VSAT), ARAM-W, and SEMS tools could be updated to help utilities comply with this standard.  EPA and the Department of Homeland Security (DHS) are still compiling information about the cost and technical requirements for updating VSAT and ARAM-W.  Before a decision is made about which tool or tools to upgrade, the WSCC and GCC will consider this information and also evaluate a new open source vulnerability assessment tool that is expected to be available in spring 2012.

The WSCC and GCC examined case studies from drinking water utilities affected this year by the tornado in Joplin, Missouri, and Hurricane Irene.  In all cases, the cooperation of the utility with other emergency response personnel was critical in restoring and maintaining service.  Communication remains a challenging area during emergencies, although utilities have made use of Facebook and other social media to communicate with their customers about disruptions in service and boil water orders.  The WSCC and GCC also learned more about the DHS Enhanced Critical Infrastructure Protection (ECIP) Initiative, which helps utilities to assess and analyze threats and evaluate their security procedures.  The ECIP Initiative will be highlighted during the next meeting of the NACWA Security & Emergency Preparedness Committee, which should take place within the next several months.

The 2012 Water & Wastewater Leadership Center – Executive Education Designed Specifically for Utility Leaders

Don’t miss your opportunity to engage in the ultimate in water sector executive education at the 2012 Water & Wastewater Leadership Center.  Applications are currently being accepted for this twelve-day, executive management program held at the Kenan-Flagler Business School at the University of North Carolina-Chapel Hill, February 19 - March 2, 2012. Celebrating more than a decade of executive leadership, the Leadership Center prepares utility leaders and managers to meet the current and future demands with the highest level of service, quality and efficiency.  Visit the Leadership Center page of the NACWA website to view the 2012 brochure and application.  Space is limited and applicants are encouraged to apply early.  The deadline to join the 2012 class at the Water & Wastewater Leadership Center is November 11, 2011.

Have You Registered for NACWA’s Law Seminar? Registration Deadline Approaching!

The November 1 registration deadline for NACWA’s 2011 Developments in Clean Water Law Seminar is just around the corner, so hurry and register today!  Be sure to join your clean water colleagues November 16 -18 in Charleston, South Carolina at the historic Francis Marion Hotel for the only conference focused specifically on the legal and regulatory challenges facing the municipal clean water community.  This year’s Seminar promises to deliver a timely and informative program covering the hottest issues in clean water law, with presentations from some of the top clean water attorneys in the nation.  Among the dynamic keynote speakers confirmed for the conference are John Cruden of the Environmental Law Institute, Alex Dunn of the Association of Clean Water Administrators, and Mark Pollins of EPA’s Office of Enforcement & Compliance Assurance.  Other excellent speakers are featured on the Seminar’s many panels addressing topics such as wet weather issues, biosolids management, nutrients, consent decrees, enforcement developments – and recent development with regard to the Agency’s integrated planning framework.

An agenda for the Seminar and additional details are available on NACWA's website, including an updated list of states providing Continuing Legal Education (CLE) credit for attorneys attending the Seminar.  To make sure you are included on the Law Seminar Participant's List , NACWA must receive your registration by Tuesday, November 1, 2011.

Clean Water America Alliance to Host Web Seminar Series on Hydraulic Fracturing

The Clean Water America Alliance (Alliance) and the American Water Resources Association (AWRA) will host a three part webinar featuring experts and diversified perspectives titled Hydraulic Fracturing:  Fresh Facts and Critical Choices on Nov. 1, 17, and December 1.  The "Shale Rush" – prompted by technology breakthroughs in horizontal drilling and hydraulic fracturing over the last decade – has raised significant questions about its footprint on the environment, impact to public health, and the roles of various government agencies.  Water is a particular concern with potential issues down under, downstream, or downwind – especially now, as EPA seeks to develop rules on fracking.  Alliance President Ben Grumbles and Michael Campana, President of AWRA, will facilitate the expert panels to shed more light and clarity on the fracking issue.  Webcast registration is $50 per site, per event, or $100 for all three one-hour sessions.  Visit www.CleanWaterAmericaAlliance.org to register.