» Clean Water Current Archive

March 2, 2012

NACWA President Testifies at House Water Resources Hearing

David Williams, NACWA President and Director of Wastewater, East Bay Municipal Utility District (EBMUD) in Oakland, Calif., testified February 28 on behalf of NACWA at the House Subcommittee on Water Resources & Environment hearing, A Review of Innovative Financing Approaches for Community Water Infrastructure Projects.  Testimony at the hearing focused on innovative financing tools, including public or private funding and investment mechanisms, to better enable communities to finance mandated wastewater and drinking water facilities.

NACWA’s testimony focused on the need for Congress to provide support for a more far-reaching approach to innovation as part of the Association’s work on identifying the attributes of the water resources utility of the future.  Williams recommended that, as utilities across the country engage in programs from energy conservation to resource recovery and water reuse, increasingly limited federal funding available should be used to help advance these innovations.  The testimony made an economic case for such investments and featured the food waste to energy recovery program at EBMUD as an example of the important and innovative work being done at utilities across the country.  The hearing and NACWA’s testimony also explored potential innovative financing tools, including the Subcommittee’s draft legislation to create a “Water Infrastructure Finance and Innovation Authority” modeled after a similar loan guaranty authority in the Federal Highway Program.  The draft legislation would also exempt water and wastewater facilities from the volume cap on private activity bonds.

EPA’s integrated planning program was also explored as a flexible approach that, if appropriately implemented, could prioritize cost-effective expenditures to achieve clean-water results.  NACWA also kept the door open to a legislative fix if this effort did not sufficiently meet the needs of the clean water community.  Williams received several questions from Subcommittee members regarding his testimony – as well as statements from Eleanor Holmes Norton (D-D.C.) and Donna Edwards (D-Md.), thanking NACWA for its advocacy efforts to ensure passage of stormwater fee legislation and the introduction of green infrastructure legislation.  NACWA’s testimony is available here .

Bingaman Introduces Clean Energy Standard, Biogas Is Qualified Clean Energy Source

Senator Bingaman (D-N.M.), Chair of the Senate Energy & Natural Resources Committee, introduced The Clean Energy Standard Act of 2012 today. The legislation would establish a Clean Energy Standard to promote a diverse set of sources of low- and zero-carbon electricity generation in the US.  Based on an initial review of this bill, it appears energy produced from biogas, including the biogas resulting from the municipal wastewater treatment process, has been established as a qualified clean ‘waste-to-energy’ source.  Unfortunately, as the bill is currently written, energy generated from biosolids produced in the municipal wastewater treatment process does not qualify.  Members will receive a more detailed summary of the bill early next week along with next steps the Association will take on this critical issue.

NACWA Comments on EPA’s Draft Integrated Planning Framework

After providing input at all five EPA workshops, NACWA submitted its written comments on the Agency’s draft integrated planning framework this week.  In its comments, the Association commended EPA for hearing the clean water community’s concern that the Agency was simply demanding too much, with every requirement being a top priority.  NACWA committed to work with EPA and Member Agencies to further explore whether the integrated planning approach could provide a smarter, more reasonable path toward achieving improved water quality.

The Association also noted its concern over whether the framework will provide sufficient flexibility for many in the clean water community.  For those agencies facing imminent federal enforcement or perhaps already in negotiations with the government, the framework will likely provide a pathway forward for a more locally-driven plan for meeting its obligations.  But for many, the framework’s promised flexibility may not be enough for them to embark on a costly and time-consuming planning effort.  NACWA’s comments also noted that the framework is focused primarily on the sequencing of investments to meet current Agency policy regarding combined sewer overflow (CSO), sanitary sewer overflow (SSO), and stormwater compliance, and does not contemplate a true cost-benefit approach to determining where resources are best spent to achieve improved water quality.  The Association stressed that broader change will be needed to establish a truly holistic, watershed-based approach.

EPA’s framework, though perhaps more limited in scope than initially conceived, does present a valuable opportunity explore what more can be done to address the concerns within the current bounds of EPA’s policies and the Clean Water Act.  NACWA is working to identify the best ways to put the new approach to the test.  EPA plans to revise the framework based on input from the workshops and comments received.  An updated version is anticipated to be available by the end of March.  EPA has also indicated that it hopes to release a list of case studies that might provide interested communities with some information on how integrated planning can be accomplished.  NACWA will meet with the Agency in the coming weeks as it works to finalize the framework to discuss next steps.

Healthy Waters Coalition Event to Release Farm Bill Policy Recommendations

NACWA will be hosting a press event on March 6 at 12:00 pm at the National Press Club to formally release a set of Farm Bill policy recommendations aimed at reducing nutrient run-off from agricultural lands.  The recommendations were developed with input from NACWA’s Farm Bill Workgroup and members of the broad-based Healthy Waters Coalition.  The Health Waters Coalition is a group of municipal water, wastewater, public works, state regulator, agriculture and conservation organizations, convened by NACWA, to advocate for stronger agricultural policies to reduce nutrient run-off.  The recommendations represent a consensus on key policies that should be pursued in the Farm Bill to address excessive phosphorus and nitrogen levels in U.S. waterways.

To accompany these recommendations, the Coalition is drafting Farm Bill legislative language to help reduce the number of nutrient-impacted waterways around the country.  NACWA has plans to meet with Senator Tom Harkin’s (D-Iowa) office soon to discuss this proposal.  Senator Harkin has been a long-time supporter of improving water quality impacts of farming practices and garnering his support is important going forward.

NACWA is also urging Member Agencies to sign on to these recommendations now to demonstrate that wastewater utilities from across the country are concerned about this issue and want Congressional action to address it.  Please contact Thea Graybill at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to endorse the policy recommendations.

NACWA Meets with OMB on Jurisdiction Guidance

NACWA met with officials from the White House Office of Management & Budget (OMB) March 2 to discuss the Association’s position on EPA’s proposed Clean Water Act (CWA) jurisdiction guidance.  During the meeting, NACWA presented OMB with a copy of its 2011 comments on the draft guidance.

NACWA expressed its broad support for efforts to clarify CWA jurisdiction, but recommended a formal rulemaking process.  NACWA also voiced its endorsement of increased water quality protection through a holistic watershed approach, as outlined in the guidance.

NACWA emphasized that any final guidance document must – as the draft guidance did – preserve the existing regulatory exemption for waste treatment systems.  Additionally, the Association called for the final guidance to address a number of other items, including:
•    the inclusion of an explicit exemption for municipal stormwater collection systems;
•    the inclusion of an explicit exemption for groundwater from CWA coverage; and
•    clarification for western utilities about potential impacts on ditches and water reuse projects.

EPA and the U.S. Army Corps of Engineers sent the final guidance, which has not yet been made public, to OMB last week for interagency review.  The document is expected to be at OMB for anywhere from 30 to 90 days.  OMB staff seemed receptive to NACWA comments during the meeting, but made no commitments.  We will keep the membership updated on any developments.

Have You Registered Yet?

Web Seminar Series: Clean Water Act & Clean Air Act 101 - It All Starts Here

Plan now to gather your staff and join us for two innovative web seminars that feature accessible, easy-to-understand, and informative discussions on the Clean Water Act and Clean Air Act.  Regardless of whether you and your staff are new to the clean water arena or seasoned professionals, this series will provide you with helpful and timely information!

Clean Water Act 101: March 8, 2012, 2:00 – 3:30 PM Eastern

This essential overview of the environmental statute most relevant to clean water agencies will cover Clean Water Act (CWA) provisions and regulations related to the important topics impacting publicly owned treatment works (POTWs) and municipal stormwater utilities today.  Water quality standards, effluent limitations, total maximum daily loads (TMDLs), enforcement issues, and EPA’s current integrated planning effort will all receive attention.  This invaluable seminar will serve as an excellent introduction to, or refresher on, the Clean Water Act.

Clean Air Act 101: March 15, 2012, 2:00 – 3:30 PM Eastern

At a time when clean water agencies are being forced to address air emissions more than ever before, this informative seminar will provide utilities with an overview of the key elements of the federal Clean Air Act (CAA) that impact clean water agencies and their facilities.  This seminar will cover a variety of topics including new rules for sewage sludge incinerators (SSIs), the Greenhouse Gas Tailoring Rule, new Toxics Release Inventory reporting requirements for hydrogen sulfide, new rules on boilers and engines, and odor nuisance suits.  All of these air regulations could impact POTWs, and this web seminar will outline what every clean water utility should know.

Registration is $250 for the two-part series, or $150 for an individual seminar.  Whether you are new to the clean water arena or a seasoned professional, we invite you to gather your staff together in a group learning environment for these exceptional high-value seminars.

Make Your Plans to Join Us at NACWA’s 2012 National Environmental Policy Forum

Registration is now available for NACWA’s 2012 National Environmental Policy Forum, April 22-25, in Washington, DC.  The 2012 Forum will feature critical information on key issues directly impacting the clean water community including integrated planning and affordability, controlling agricultural run-off, opening renewable energy markets for wastewater utilities, and innovative financing for clean water investments.  A Utility Executives Roundtable will set its sights on Exploring the Water Resources Utility of the Future and the Regulatory Roundtable Breakfast will the provide a unique opportunity to exchange thoughts and ideas with the EPA staff who manage key regulatory programs.  Make your plans today by reserving a room at the Washington Marriott before April 2.

Apply Today for NACWA’s Peak Performance Awards!

NACWA encourages Member Agencies to submit their nominations for the 2011 Peak Performance Awards.  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 will enjoy another record number of honorees.

The deadline for submissions is April 6, 2012.  More information on the Peak Performance Award program, including the award categories, criteria, and how to apply, can be found at www.nacwa.org/peakperformance.