» Clean Water Current Archive

January 13, 2012

EPA Releases Draft Integrated Planning Framework, Agenda for Upcoming Workshops

EPA released a draft of its integrated planning framework  and the agenda  for its upcoming workshops to discuss the framework this week.  The Agency also published additional details and registration information for the workshops via a Federal Register notice .  The notice provides background on the initiative and outlines the purpose of the workshops.  The five workshops will be facilitated discussions with individuals from a range of stakeholder groups, including NACWA, to “assist EPA in developing the framework through gaining better understanding of their individual perspectives.”  NACWA was invited to name two individuals to represent the clean water community at each of the workshops.  Below is a list of the workshops and NACWA’s invited representatives for each meeting.

Jan. 31 – Atlanta
Charlie Logue, Renewable Water Resources, South Carolina
Edgar Fernandez, Miami-Dade County, Florida

Feb. 6 – New York City
George Hawkins, DC Water, Washington, DC
Carter Strickland, New York City Department of Environmental Protection, New York

Feb. 13 – Seattle
Peter Ruffier, Clean Water Services, Hillsboro, Oregon
Betsy Cooper, King County, Washington

Feb. 15 – Kansas City, Kansas
Jeff Theerman, St. Louis Metropolitan Sewer District, Missouri
John O’Neil, Johnson County Wastewater, Kansas

Feb. 17 – Chicago, Illinois
David St. Pierre, Metropolitan Water Reclamation District of Greater Chicago, Illinois
Kevin Shafer, Milwaukee, Wisconsin

While the workshops will be focused on a facilitated ‘panel discussion’ among the invited participants, the meetings are open to everyone.  Those not at the discussion table will observe the discussion and be able to provide comments at designated points throughout the workshop.  EPA is asking all observers to pre-register via their website to ensure they have sufficient space for everyone.  NACWA encourages its members to register and attend these workshops.  Based on a PowerPoint presentation  that EPA provided during NACWA’s December 13 dialogue and the recently released draft framework, NACWA is preparing a list of issues and comments for its members to consider as they prepare any remarks or comments on the framework .  NACWA will share this list with its members in advance of the first workshop.  In addition to any oral remarks provided during the workshops, EPA will also accept written comments on the draft framework until February 29.

U.S. Supreme Court Holds Oral Arguments in Key Clean Water Act Case

The U.S. Supreme Court heard oral arguments Jan. 9 in the Sackett v. EPA case involving the critical issue of EPA’s use of administrative orders (AOs) under the Clean Water Act (CWA).  NACWA and a number of other clean water associations filed a joint brief  in the case and all indications suggest the Court is likely to issue a favorable ruling.  The case addresses the issue of whether the CWA allows for pre-enforcement judicial review of AOs issued by EPA for alleged CWA violations.  EPA has maintained that pre-enforcement review of these AOs is not permitted and lower federal courts have agreed, but a large majority of the Supreme Court justices expressed skepticism about this position during this week’s arguments.  Justices from both sides of the ideological spectrum aggressively challenged EPA’s assertion that the CWA implicitly prevents judicial review of AOs until the Agency brings an enforcement action in court, and appeared receptive to the petitioners’ position that such administrative orders should be immediately reviewable. 

NACWA joined with the Wet Weather Partnership, the City of New York, and a number of state wastewater associations to file a brief  in support of the petitioners in September 2011.  The brief argues that the CWA does not explicitly or implicitly prevent review of AOs and highlights examples of how EPA has abused its power in issuing AOs to public clean water agencies.  The brief also provides examples of how EPA uses AOs to circumvent the protections built into the National Pollutant Discharge Elimination System (NPDES) permit program to shield permit-holders from unreasonable enforcement actions, and encourages the Supreme Court to curb these abuses by allowing for pre-enforcement judicial review of AOs.  A decision from the Supreme Court in the case is expected before the Court’s current term ends in June. 

Federal Appeals Court Orders Mediation in Nutrients Litigation
In a related development, a federal appeal court in Boston this week held oral arguments in litigation over nutrient limits in a municipal NPDES permit.  The case involves a challenge by NACWA Member Agency the Upper Blackstone Water Pollution Abatement District (Millbury, Mass.) to inappropriate nutrient controls in the utility’s discharge permit.   In a very positive development for the utility and the municipal clean water community, the court referred the matter to mediation, and indicated that EPA must take into consideration new information on the performance of Upper Blackstone's treatment plant and new modeling data in setting nutrient limits.  The parties will now engage in a dialogue process to establish permit limits based on more accurate and appropriate data. 
 
NACWA filed a brief  in November 2011 supporting the utility’s challenge and arguing EPA acted illegally and irrationally in setting nutrient limits in Upper Blackstone’s permit – without regard to pending upgrades at the utility’s treatment plant and without consideration of the performance or environmental benefits of those upgrades.   The brief also supports the utility’s contention that EPA erred in assigning the contested nutrient limits because it lacked a sound scientific basis and failed to demonstrate that the limits were necessary to achieve water quality standards.  Additional information on this case and the Sackett litigation is available on NACWA Litigation Tracking webpage.

NACWA’s Communications & Public Relations Committee to Meet Via Web

NACWA’s Communications & Public Relations Committee is holding a web-based, virtual committee meeting on February 2, 2012 at 2:00 pm Eastern.  All NACWA members are invited to register, free of charge, and participate in discussions on the need for outreach and strong messaging in the context of EPA’s integrated planning and regulatory prioritization efforts.  NACWA Member Agencies King County Department of Natural Resources & Parks in Seattle, Washington, and DC Water in Washington, D.C. will provide case studies on their need for an integrated approach on a local level.  NACWA will also have Julia Anastasio, Director of Sustainability with the American Public Works Association (APWA), on hand to discuss a Money Matters…Smarter Investment to Advance Clean Water™ campaign communications strategy, which APWA developed jointly with NACWA.  In addition, the Association will share preliminary information from the first of five Regional Workshops that EPA is holding on the integrated planning initiative (see preceding article).  To register for the call, please go to NACWA’s website by clicking here.  An agenda and other details regarding the February 2 Committee meeting will be available soon.

NACWA Joins Groups Urging Funding Boost to WaterSense Program

More than 100 organizations from a wide array of interests, including NACWA, sent a January 5 letter  to EPA Administrator Lisa Jackson urging the Agency to “provide a small but meaningful increase in funding for the WaterSense Program” as the Agency makes allocation decisions under its Fiscal Year 2012 budget.  The letter focuses on the benefits of the program in underscoring and incentivizing water and energy-efficient products and points to how much the program has accomplished despite being modestly funded.  The letter calls for additional funding of $500,000, which would be a 20% increase to the program’s FY 2011 level.  Even such a modest increase, the letter states, would allow “additional product specifications, market research, partner collaboration, and program documentation.” NACWA has been a WaterSense partner since the program’s inception in 2006.

2011 Peak Performance Award Application Now Available!

NACWA encourages members to submit their applications for the 2011 Peak Performance Awards.  As announced in Member Update 12-01 , the Peak Performance Awards program acknowledges member agency facilities for excellence in wastewater treatment as measured by compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  This program has honored thousands of NACWA member agency facilities since its inception in 1987, and the Association anticipates that this year the program will enjoy another record number of honorees.  The deadline for submissions is April 6, 2012.  More information on the Peak Performance Awards program, including the award categories, criteria, and how to apply, can be found at www.nacwa.org/peakperformance.

There’s Still Time to Have Your Agency Included in the 2011 NACWA Index – Respond by January 20

NACWA is accepting responses to its 2011 NACWA Index survey until next Friday, January 20.  All NACWA member agency representatives received a customized survey form via e-mail in late November.  This brief survey, which should take less than ten minutes to complete, provides valuable information to NACWA – helping to support its advocacy efforts – and to the membership as a whole.  The Index is one of the most cited national resources illustrating the rising costs of providing wastewater services.  If you need a copy of your agency’s customized survey form or need to confirm whether your agency has already submitted its survey, please contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Again, please complete the survey by January 20 to ensure the results provide a complete and accurate national perspective.

Join NACWA in L.A. for the 2012 Winter Conference

Join your clean water colleagues February 12 – 15, 2012  at the Omni Los Angeles Hotel at California Plaza, for Watershed Moment in the Making...Conquering the Challenges of the New Regulatory Frontier.  This year’s Winter Conference program will focus on the increasing regulatory requirements clean water utilities are facing and the emerging suite of creative and ahead-of-the-curve solutions and strategies being employed to address these regulatory pressures.  Registration for NACWA’s Conference, the agenda , and a registered participants list are available for download.  Be sure to call or make reservations online with the Omni Los Angeles Hotel at California Plaza at 213.617.3300 to guarantee the special conference rate of $199 single/double.  Please mention that you are a participant in NACWA’s 2012 Winter Conference.  The hotel reservation deadline is Monday, January 20, 2012. Visit www.nacwa.org/12winter for more details.

NACWA Brings Clean Water Advocacy Message to Key Audiences

Recognizing that many areas of the country and public agencies are facing tight travel restrictions and agency staff is often unable to attend face-to-face meetings, NACWA staff is seeking to share information and access public agency perspectives at key meetings across the country.  A list of upcoming meetings at which NACWA will be presenting, along with available links, follows.  We invite Member Agencies or Affiliates in attendance to join us and share their thoughts and perspectives.

California Association of Sanitation Agencies Mid-Year Conference
Palm Desert, California, January 18 – 19, 2012

Illinois Water Environment Association Government Affairs Meeting
Chicago, Illinois, January 20, 2012

New England Water Environment Association Annual Meeting
Boston, Massachusetts, January 23 – 25, 2012
Join NACWA for lunch on January 24 from Noon to 1:30 by registering on NACWA’s website.

Bay Area Clean Water Agencies Meeting
San Leandro, California, January 26, 2012

New York Water Environment Association Meeting
New York, New York, February 5 – 8, 2012

We look forward to seeing you there.