» Clean Water Current Archive

July 13, 2012

Money Matters Task Force Discusses Integrated Planning, NACWA Next Steps

NACWA’s Money Matters Task Force met this week via conference call to discuss EPA’s final integrated planning framework, released in mid-June, and to discuss next steps on implementation.  Task Force members agreed that EPA’s changes to the framework were minor but generally positive.  The addition of new language on adaptive implementation and an expanded financial capability discussion should provide needed clarity on the importance of these elements to any integrated planning effort.  The Task Force also discussed the extent to which the clean water community has begun to use the framework.  To date it is being mostly in the enforcement context.  NACWA is exploring potential Congressional funding to support a pilot program for communities interested in using the framework and to ensure state water agencies have the resources they need to review draft plans.  Finally, the Task Force discussed NACWA’s participation in the upcoming House Subcommittee on Water Resources and Environment hearing on integrated planning on July 25.  George Hawkins, chair of NACWA’s Task Force will testify for the Association.

NACWA’s Regulatory Policy Committee, during its meeting on Wednesday, July 18, at NACWA’s 2012 Summer Conference in Philadelphia, will explore whether the framework will provide enough and the right type of assistance and flexibility to NACWA’s members, especially since the number of agencies that have expressed an interest in using the framework remains small.  Large, regional treatment authorities, members with only wastewater responsibility and those communities with existing consent decrees with the government are expressing concern that EPA’s framework might not work for them and NACWA wants to find creative ways to ensure the framework provides as much benefit as possible.  The Committee will discuss whether utilities are planning to use the framework, and if not, why not, and explore strategic next steps for NACWA.

NACWA Discusses Range of Water Quality Standards Issues with Chief of EPA’s Water Science Office

NACWA staff and the leaders of the Water Quality Committee met this week with Betsy Southerland, Director of the Office of Science and Technology (OST) in EPA’s Office of Water, and key OST staff to discuss a range of water quality standards issues, including recreational water quality criteria, ammonia, and nutrients.  EPA is obligated to publish revised recreational water quality criteria by October 15 but the Agency is still working to address the large volume of comments they received on the proposed revisions released late last year.  EPA’s proposal to maintain the criteria values from the 1986 criteria has received significant criticism from the environmental NGO community, and the Agency is redoubling its efforts to review the scientific information it has to see whether the data could support a more stringent value.  EPA is also working to develop implementation guidance to help states when the criteria are released, something that NACWA has advocated for from the start.  EPA’s forthcoming revision to the ammonia criteria is expected to have widespread impacts on the clean water community and the Agency has delayed release of the criteria to work on implementation guidance and a calculator tool to help with the development of site-specific criteria.  EPA has no estimated date of release for the revised ammonia criteria, but it could be as early as sometime this fall.

On nutrients, EPA is advancing several efforts.  Much of the Agency’s focus is on Florida, including reviewing Florida’s proposed nutrient criteria package that was submitted in mid-June, and on developing a sound approach to using biological confirmation to supplement numeric values for nitrogen and phosphorus.  NACWA will be discussing the meeting with EPA in more detail during the Water Quality Committee meeting on Monday, July 16 at NACWA’s 2012 Summer Conference in Philadelphia and a more detailed account of the discussion during the meeting will be provided to the Water Quality Committee next week.

White House to Hold Conference on Role of Green Infrastructure in Stormwater Management

NACWA participated in a meeting with the White House Council on Environmental Quality (CEQ) this week to discuss the Council’s plans to host a conference on green infrastructure and its role in municipal stormwater management, expected to take place sometime this September.  The conference is likely to include members from the public and private sector, as well as federal government agencies involved in green infrastructure and stormwater issues.  Although the conference agenda is still under development, it will likely address the merits of green infrastructure, financing options for green infrastructure projects, and how to remove some of the barriers to its implementation.  Other participants in this week’s planning meeting included the Water Environment Federation, the Association of Clean Water Administrators, American Rivers, and the Natural Resources Defense Council.  NACWA will be providing recommendations for public agency and other participants in this conference and will update members on this initiative as more information becomes available.

NACWA Files Reply Brief in Chesapeake Bay TMDL Litigation

NACWA and its municipal partners submitted a reply brief July 13 in federal litigation over the final total maximum daily load (TMDL) for the Chesapeake Bay, reiterating the Association’s support for inclusion of all sources of water quality impairment in the final TMDL allocations.  The brief argues that the holistic, watershed approach embodied in the final TMDL, including allocation for non-point agricultural sources, provides the greatest potential for equitably, cost-effectively, and successfully restoring the tens of thousands of water bodies nationwide that are affected by excessive pollutant loads.  The brief also highlights the significant harm municipal point sources in the Bay would suffer if the non-point source contributors are removed from the TMDL.  Additionally, the brief pushes back against arguments made by the agriculture plaintiffs in the case the EPA exceeded its statutory authority in establishing the TMDL, arguing the EPA’s actions were entirely legal given the participation and consent of the states within the Bay watershed in developing the allocations and the states’ continued flexibility in implementing the TMDL.  The Maryland Association of Municipal Wastewater Agencies (MAMWA) and the Virginia Association of Municipal Wastewater Agencies (VAMWA) also joined NACWA on the brief.

A copy of the brief will be posted soon to NACWA’s Litigation Tracking page, where additional background information and documents in this case - including NACWA’s previous briefs - can also be found.  The briefing process in the case is now complete, and the court will likely schedule a hearing on the issues involved in the coming months.  NACWA will keep the membership updated on developments.

NACWA Meets with GAO on Study to Review the TMDL Program’s Effectiveness

NACWA met this week with Government Accountability Office (GAO) staff to provide some initial input into a GAO study on the status of long-established total maximum daily loads (TMDLs) and their effectiveness in helping to de-list impaired waters. The report is being conducted as a result of a request from Senator Cardin’s (D-Md.) Water and Wildlife Subcommittee.  The geographic scope will be nationwide and will explore TMDLs in all contexts, including nutrients, mercury, temperature, etc.  The discussion ranged from issues associated with the lack of scientific rigor associated with the development of some TMDLs, the need for an adaptive management approach in implementing TMDLs, the complexity of point versus nonpoint concerns, the need to re-focus on use attainability analyses as a starting point, and the lack of resources at all levels of government to implement the TMDLs. GAO has just begun to scope out this study and expects to have the report finalized by late spring or early summer of next year.  NACWA will keep members of progress as it occurs. 

NACWA, Members Inform Costco of Problems with “Flushable” Products

NACWA sent a letter  this week to Costco Wholesale Corporation about the problems caused in collection systems and wastewater treatment plants by wipes and other products that are flushed but that do not disperse in the sewer system.  Representatives from Costco met with utility representatives from NACWA, the American Public Works Association (APWA), and the Water Environment Federation (WEF) on July 10 to discuss the problems and potential solutions.  Frank Dick, Industrial Pretreatment Coordinator for the City of Vancouver, and Bob Swarner, Engineering Supervisor at the King County Department of Natural Resources and Parks, were the representatives of NACWA member utilities that attended the meeting.

As stated in NACWA’s letter, “There are no requirements that products must meet to be labeled ‘flushable,’ and utilities believe that many products carrying this label do not disperse rapidly enough in the sewer system to prevent problems.”  Studies of products found in lift station pumps have revealed that products both products labeled as flushable and other products, such as paper towels, contribute to problems.  Costco agreed that adding a “no flush” logo developed by INDA, the non-woven fabrics trade association, to products that are not meant to be flushed was possible, since their packaging will be updated soon.  Members of the WEF Collection System Committee are currently working with INDA on revising INDA’s voluntary flushability guidelines, and when that effort is completed, it may offer more incentive to Costco and other retailers and manufacturers to ensure that their products are truly flushable or carry the “no flush” logo.

NACWA will continue to work with APWA and WEF to educate Costco and other retailers about the problems created by certain products.  Any NACWA members who are interested in this issue but did not previously join the NACWA-WEF discussion group on the topic are encouraged to contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 

NACWA wishes all of it's members traveling to Philadelphia for the 2012 Summer Conference a safe trip! We look forward to a productive meeting.