» Clean Water Current Archive

June 22, 2012

Health Waters Coalition Scores Victory on Nutrients in Senate Farm Bill

The Healthy Waters Coalition (HWC), a NACWA led coalition of a diverse group of municipal and state water and wastewater organizations, conservation and sustainable agricultural organizations, scored an important victory on addressing nutrient run-off from agricultural lands in the Senate Farm Bill this week.   The victory came with the newly-established Regional Conservation Partnership Program (RCPP), which incentivizes non-agricultural entities (e.g. municipalities, drinking water or wastewater utilities, or NGOs) to partner with local agricultural producers to implement conservation practices on their land.  By using funds from three programs:  the Environmental Quality Incentives Program, the Conservation Stewardship Program and the Agricultural Easement Program, the Coalition was able to secure language that ensures that nutrient management is an eligible activity and, more importantly, allows farmers that are part of a partnership agreement to receive five year contracts and special payments for nutrient management-related activities. This is a large step forward and reflects recognition on the part of Senate Agriculture Committee leadership that nutrient management activities warrant targeted resources.  NACWA was pleased to see this provision included after very difficult negotiations among key Senators.  After passing on a 64-35 vote in the Senate, the bill now moves on to the House.

NACWA Commends EPA Efforts on Integrated Planning, Stresses Importance of Implementation

On the heels of the release of EPA’s final integrated planning framework , NACWA thanked Nancy Stoner, Acting Assistant Administrator for Water and Cynthia Giles, Assistant Administrator for Enforcement and Compliance Assurance, for their continued leadership on the issue of integrated planning in a letter  this week, stressing the significance of their “offices’ collective efforts…[to bring to] bear quick and effective policy-making that promises to provide significant and badly needed flexibility for many in the clean water community.”  As NACWA’s letter highlights, “[w]ork to ensure that EPA’s framework succeeds…is just beginning.”  Demonstrating that this framework can succeed will be crucial to its long-term effectiveness, and NACWA encouraged EPA to continue to be an active participant as implementation proceeds, while also working to ensure that authorized states have the lead and that state decisions are not second-guessed.

Several Association members are currently exploring use of the framework, and others are at varying stages of developing integrated plans.  Most, if not all, of these efforts are within the enforcement context.  The complexity in addressing the differences between the wastewater and stormwater permitting regimes may be stifling municipal efforts to explore integrated planning outside of an enforcement context.  NACWA expressed support for EPA’s plans for “regular and ongoing communication with its regional offices and authorized states on implementation of the framework” to help address some of these potential roadblocks.  NACWA’s letter also notes that the Association is seeking Congressional support for the development of municipal plans in pilot communities across the country – and for state water programs that will be responsible for reviewing and approving those plans – in an effort to ensure the framework’s successful implementation.

Tough questions remain including whether large, regional wastewater authorities, without control over stormwater or much of their collection systems, will be able to take advantage of the framework.  Whether communities with existing consent decrees will be able to take advantage of EPA’s new, more flexible thinking, is also in question.  NACWA’s letter notes the Association’s interest in working together to “ensure the framework can benefit as many as possible in the clean water community.”  NACWA’s Money Matters Task Force will be meeting in the coming weeks to discuss EPA’s final integrated planning framework, and to get updates from NACWA members using the framework.  The integrated planning issue will also be discussed at the upcoming Regulatory Policy Committee meeting in Philadelphia, during NACWA’s 2012 Summer Conference & 42nd Annual Meeting, July 15-18, 2012.

House Slashes Funding for the FY 2013 Clean Water State Revolving Funds

On Tuesday, the House Appropriations Committee released its FY 2013 Interior, Environment, and Related Agencies Appropriations Bill.  The bill cuts the EPA’s budget by $1.4 billion, appropriating $7 billion in FY 2013.  EPA’s State Revolving Loan Fund (SRF) programs, used to finance wastewater and drinking water projects, were hit especially hard.  The House bill allocates only $689 million for the Clean Water SRF, over $710 million less than in FY 2012.  The Safe Drinking Water SRF would receive $829 million, $89 million less than in FY 2012.  The Department of Interior funding remains relatively flat compared to FY 12 in the bill.

While the Senate Appropriations Committee is not expected to release its funding bills until later this year, it is anticipated that the Senate SRF figures will be higher.  Should this in fact be true, SRF funding stands a greater chance of remaining at Senate levels when the two bills go to conference at the end of the year.  In the meantime, NACWA is urging members on the Senate Appropriations Committee to maintain funding for these vital programs, and we will keep members informed of any funding updates.

NACWA Requests Interested Party Status in Siloxane Negotiations

NACWA sent a letter  to EPA this week requesting to be an interested party in the enforceable consent agreement (ECA) negotiations regarding two widely used siloxanes.  The siloxanes, known as D4 and D5, are found in soaps, detergents, and personal care products, as well as in a multitude of other consumer, commercial, and industrial products that are discharged into sewer systems.  D4 and D5 are volatilized into biogas during the wastewater treatment process, and then converted into silicon dioxide during biogas combustion as a renewable energy source for gas turbines, boilers, and internal combustion engines.  Silicon dioxide is deposited in the exhaust stages of the noted equipment, resulting in loss of heat transfer efficiency, premature equipment failure, and destruction of emissions control catalysts.  The increased maintenance and necessary siloxane removal systems are very expensive to publicly owned treatment works (POTWs).  In addition, D4 and D5 are persistent in sediment and highly bioaccumulative in aquatic species.

EPA solicited interested parties for the ECA to collect environmental monitoring data for D4 and D5 in a May 24 Federal Register notice .  An ECA is a negotiated agreement between EPA, industry, and interested parties that requires the industry to generate and submit data to EPA on a specific schedule.  As an interested party, NACWA would be allowed to participate in the negotiation process and will be able to submit comments or objections on the draft ECA.  This will allow the Association to ensure that the data collected is useful to POTWs.  NACWA will keep members informed regarding this ECA development and will work with the Association’s Climate & Energy Committee and its Air Quality Workgroup to review the draft ECA when it is proposed.

First of Two Nutrient Web Seminars Discusses Role of Technology-Based Controls

NACWA Members Agencies and Affiliates from across the country participated in a nutrient-focused web seminar, Nutrients – Are Technology Controls the Solution?, this week.  The seminar was the first of two offered through the Coming Soon to a Permit Near You . . . the Next Generation of Nutrient Management web series – exploring technology-based and water quality based approaches to nutrient control and the potential implications of two new legal cases for clean water utilities.  During the seminar, Jon Devine, Senior Attorney for the Natural Resources Defense Council (NRDC) laid out his organization’s reasons for petitioning EPA to modify the secondary treatment regulations to include nutrients.  NRDC continues to believe that EPA is compelled by the Clean Water Act to update its regulations to include nationwide control levels for nitrogen and phosphorus, as an initial step in addressing nutrient-related impacts.  Nathan Gardner-Andrews, NACWA’s General Counsel, provided the Association’s position on the NRDC petition.  Gardner-Andrews  highlighting the clean water community’s concerns that a one-size-fits-all approach is not appropriate for nutrients – which have different effects in different waterbodies – and that applying limits to all clean water utilities, regardless of cost, would be a waste of limited municipal resources and result in ancillary impacts like increased power consumption and greenhouse gas emissions.  Mike Tate, Chief of the Bureau of Water at the Kansas Department of Health & Environment, outlined Kansas’ approach to nutrient control.  Tate focused on technology upgrades at large clean water utilities, and the real results the program has achieved.  The Kansas program is using technology-based controls in a more targeted fashion, where point sources are demonstrated to be major sources of nitrogen and/or phosphorus and the economies of scale available at larger utilities can make significant reductions at a more reasonable cost.  At the same time, Kansas is working to address nonpoint sources in an effort to reduce loadings before asking the point sources for any additional reductions.

The series concludes with Nutrients – Give Water Quality a Chance, on June 27 from 2:00 – 3:00 pm Eastern.  The Seminar will feature Ellen Gilinsky, Senior Policy Advisor for EPA, and Rich Budell, Director of the Office of Agricultural Water Policy for the Florida Department of Agriculture & Consumer Services.

Hotel Deadline Approaching – Have You Made Your Plans to Join Us in Philadelphia?

Have you made your plans to join us at NACWA’s 2012 Summer Conference & 42nd Annual Meeting in Philadelphia, Pennsylvania?   The Summer Conference's focus on transformational leadership will showcase innovative work now underway at clean water agencies, and look ahead at how water quality protection and utility management will change in the coming months and years.

The Hyatt Regency Philadelphia at Penn's Landing Hotel is offering a room rate of $179 per night (single/double), plus applicable taxes.  Reservations must be made by this Monday, June 25, 2012, to receive the special rate.  To ensure a hotel room, contact the Hyatt Regency Philadelphia at Penn's Landing Hotel at 215.928.1234. Be sure to identify yourself as a NACWA attendee.