» Clean Water Current Archive

May 25, 2012

NACWA Moves for Intervention in Mississippi River Nutrients Litigation

NACWA filed a Motion to Intervene  May 23 in federal litigation involving the potential imposition of numeric nutrient criteria (NNC) and nutrient total maximum daily loads (TMDLs) for waters in the Mississippi River Basin (MRB).  The Association’s action ensures that the interests of the municipal clean water community will be aggressively represented in this case, as it has national legal implications.  NACWA’s request for intervention in Gulf Restoration Network v. EPA supports EPA’s recent denial of a 2008 activist group petition seeking federal NNC and nutrient TMDLs, arguing that the necessary legal basis for such Agency action does not exist.  The Association’s motion also contends that the technical and scientific basis for imposition of NNC and nutrient TMDLs as requested by the plaintiffs is inappropriate, as it would likely end up placing a disproportionate share of the regulatory and financial burden on point source discharger – such as municipal wastewater and stormwater utilities – without addressing nonpoint sources.

Additional information on NACWA’s participation in the case can be found in Advocacy Alert 12-08, as well as on the Association’s Litigation Tracking webpage.  The Association also distributed a press release highlighting its participation in the litigation on behalf of the municipal clean water community.

In a related development, NACWA is continuing discussions with EPA in a companion lawsuit, filed in March by the same group of environmental plaintiffs, seeking to include nutrient removal as part of the national secondary treatment requirements for all wastewater treatment plants.  Discussions are progressing in a positive direction, and NACWA anticipates filing for intervention in that litigation in the coming weeks.

NACWA Brief in DC Circuit Court Seeks Approval of EPA’s Biogenic Emissions Deferral

NACWA filed an amicus curiae brief  in the case of Center for Biological Diversity (CBD) v. EPA, currently before the U.S. Circuit Court for the District of Columbia Circuit.  In the lawsuit, the Association supports EPA’s three-year deferral  of biogenic carbon dioxide (CO2) emissions from Clean Air Act (CAA) Title V and Prevention of Significant Deterioration (PSD) permitting requirements.  The deferral specifically applies to emissions from the wastewater treatment process and the combustion of biogas and biosolids – as well as to combustion of other biomass, such as agricultural and forest products.  NACWA’s brief explains why biogenic emissions from publicly owned treatment works (POTWs) are different in nature from other biogenic emissions due to the short carbon cycle associated with human waste and the unavoidable nature of the emissions, which would occur regardless of POTW processing.  The Association also explained the burden that would be placed on POTWs if the deferral was vacated and utilities were forced to comply with Title V and PSD permitting, monitoring, and reporting requirements.  Additional background information on this lawsuit is available in Advocacy Alert 12-07.  NACWA will keep members informed of key developments and decisions made regarding POTW emissions.

Coordinating Council Discusses Vulnerability Assessment Tools with EPA and DHS

The Water Sector Coordinating Council (WSCC) met on May 23, followed by a joint meeting with the Government Coordinating Council (GCC) on May 24, to discuss security and emergency preparedness issues of concern to the nation's wastewater and drinking water utilities.  NACWA’s representatives to the WSCC, Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas and a NACWA Board member, and Jim Davidson, Manager of Safety & Security with the Northeast Ohio Regional Sewer District, Ohio, participated in the meeting.

Among the major topics of discussion were vulnerability assessment (VA) tools.  In previous meetings, the WSCC has expressed the desire to have at least one VA tool available for the water sector that is compliant with the J100 Risk & Resilience Management of Water and Wastewater Systems standard.  The existing tools VSAT, ARAM-W, and SEMS would all need to be upgraded to be J100-compliant, while a new open source VA tool, currently being developed by a private company, will be J100-compliant.  EPA and the Department of Homeland Security (DHS) prepared cost-estimates for upgrading the existing tools and agreed to support either an upgrade for one tool or the open source tool.  The WSCC sent a letter  last month to EPA and DHS, asking that these agencies come to a resolution soon about which tool would be supported with any necessary upgrades, technical support, and training – and also asking that the tool be usable by all sizes of utilities.  During the joint WSCC-GCC meeting this week, EPA stated that it would be examining the open source VA tool in June and would provide more information to the WSCC at that time.  NACWA will inform members of any decisions made regarding the VA tools and may contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any questions.

NACWA Highlights Wastewater’s Energy Potential in Senate Hearing Statement

NACWA submitted a statement for the record  this week in conjunction with a Senate Energy & Natural Resources Committee hearing on Senator Jeff Bingaman’s (D-N.M.) proposed legislation  to establish a National Clean Energy Standard (CES).  A CES would set annual targets for electricity from clean sources and is intended to promote a diverse set of sources of low-carbon electricity generation in the U.S.  As the bill is currently written, energy from biogas produced in the wastewater treatment process would be eligible for clean energy credits, while energy derived from biosolids as a separate renewable biomass feedstock would not.

NACWA’s statement highlighted the enormous energy potential contained in wastewater and encouraged Congress to include both biogas and biomass-based energy production in any final legislative package.  NACWA’s statement explains that a CES would encourage greater energy production within the sector that communities across the country could take advantage of.   While prospects for the bill’s passage are dim, having the wastewater sector listed as a clean energy source would set a precedent for future clean energy legislation and provide some momentum to utilities advancing clean energy production projects.

NACWA Provides Feedback to Chairman Issa on Need to Address Key EPA Rules

Congressman Darrell Issa (R-Calif.), Chair of the House Committee on Oversight & Government Reform, sent NACWA a letter seeking input on any federal regulations the Association feels are unnecessarily costly or burdensome to the Nation’s clean water agencies.  NACWA responded this week to the Chairman’s request with a letter  highlighting three issue areas where regulatory or enforcement activity is inflexible and places unnecessary costs on clean water agencies, without sufficient environmental benefit.

Specifically, NACWA’s three concerns included 1) EPA’s regulations under §129 of the Clean Air Act for air emissions from incinerators burning domestic sewage sludge at POTWs; 2) EPA’s overzealous enforcement posture on sanitary sewer overflows (SSOs) despite the lack of a policy on SSOs; and, 3) the need to ensure that EPA’s integrated planning framework — due to be released next week —  actually helps communities better address the growing financial and compliance challenges posed by the Clean Water Act (CWA).

The Chairman has stated that he and his Committee plans to use this information as part of a broader effort to look for ways to ensure that regulations are not hampering economic and job growth.  Should the Committee plan any hearings regarding the wastewater sector or if it seeks additional input, NACWA will be sure to inform the membership.

Join the Communications & Public Relations Committee for a Discussion on Social Media

NACWA’s Communications & Public Relations Committee will be hosting a web-based meeting for Friday, June 1, at 2:00 pm (Eastern).  All Member Agencies are invited to attend and can register online.  The meeting will provide an opportunity to learn about, and discuss, NACWA’s expanding social media efforts.  These include using Twitter and Facebook, as well as the upcoming launch of Engage™ – NACWA’s online advocacy-based community – which will take place at the Summer Conference in Philadelphia in July.  This new online community will allow members to discuss key advocacy issues, share information and maximize collaboration.

During the June 1 online meeting, Member Agencies will be “virtually” walked through these new platforms. In addition, NACWA's blog, The Water Voice, is scheduled to debut later this month.  The blog will provide thoughtful analysis of current events affecting the clean water community and will encourage input and discussion from Member Agencies and others in the clean water arena.  The Association will build upon these efforts to keep members informed in real-time, and encourages all Member Agencies to follow @NACWA on Twitter and to "like" us on Facebook at www.facebook.com/nacwaorg. 

Excellence in Utility Management – You Practice it…We want to Recognize it!

NACWA encourages it public Member Agencies to apply for the Excellence in Management Recognition Program (EIM).  Recognizing the significant achievements in the utility management arena, this Program celebrates those Member Agencies who have made a commitment to implementing sustained, successful programs that address the range of challenges faced by public clean water utilities in today’s competitive environment.

The newly enhanced Program encourages utilities to demonstrate their implementation of Resource Efficiency & Protection Activities in addition to the Ten Attributes of an Effectively Managed Water Sector Utility.  It also allows for the incorporation of Platinum, Gold, and Silver recognition levels for both large and small utilities.  Fast approaching – the deadline for submitting applications is Friday, June 1.  Questions and applications should be directed to Kelly Brocato at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .