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» Clean Water Current Archive
December 7, 2012
Water Sector Coalition Urges Congress to Resolve Fiscal Cliff and Prevent Cuts to Key Clean Water Programs
A coalition of water sector groups, including NACWA, sent a letter to Congress urging that any resolution of the pending fiscal cliff debate avoid potentially devastating cuts to key clean water and drinking water programs that are set to occur automatically at the beginning of January. If the cuts are enacted, the Clean Water and Drinking Water State Revolving Fund programs will see automatic 8.2% cuts of $120.21 million and $75.28 million respectively. The letter points out that in the wake of Hurricane Sandy and the discussions taking place on Capitol Hill regarding infrastructure resiliency, this is precisely the wrong time to allow cuts targeted to ensure much-needed upgrades to the Nation’s aging water infrastructure and which support job and economic growth. The other groups joining the coalition include the Association of Clean Water Administrators (ACWA), the Association of State Drinking Water Administrators (ASDWA), the American Public Works Association (APWA), the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), and the Council on Infrastructure Financing Authorities (CIFA). NACWA will continue to provide coverage of the budget negotiations as they continue.
NACWA Seeks Intervention in Water Quality Trading Lawsuit
NACWA filed a Motion to Intervene  Dec. 4 in federal litigation over the water quality trading provisions in the final Chesapeake Bay total maximum daily load (TMDL), seeking to defend the trading program and ensure the interests of the municipal clean water community will be aggressively represented in this case. NACWA’s motion in Food and Water Watch, et al. v. EPA outlines why NACWA and its municipal partners should be allowed to participate in the litigation to represent and defend the municipal perspective. The Motion highlights the important role that trading programs can play in helping clean water utilities achieve cost-effective water quality improvements and the significant impacts this litigation could have on water quality trading programs nationwide.
The litigation was initiated by environmental activist groups in early October, alleging that the trading program created by the Bay TMDL – and by extension all trading programs nationally – are illegal under the Clean Water Act. The lawsuit targets both trades between point sources as well as those between point and non-point dischargers, and would impact trading programs involving wastewater treatment plants as well as stormwater sources. NACWA has moved aggressively to participate in the case and help EPA defend the validity of trading as a key component in a holistic watershed approach to improve water quality. Nonpoint source dischargers represented by the American Farm Bureau and the National Association of Home Builders have also moved to intervene in the case to defend the trading program, presenting an opportunity for both point and non-point source interests to work collaboratively.
NACWA distributed a press release to highlight its intervention efforts in the case, resulting in a number of press articles (see related story). The Association was joined on its Motion to Intervene by a broad coalition of municipal and trading interests including the Virginia Association of Municipal Wastewater Agencies, the Maryland Association of Municipal Wastewater Agencies, the North Carolina Water Quality Association, the West Virginia Municipal Water Quality Association, the Virginia Nutrient Credit Exchange Association, and the Wet Weather Partnership. Additional information on the case is available on NACWA’s Litigation Tracking webpage.
EPA Approves Florida’s Nutrient Criteria, Proposes Two Related Federal Rules
EPA took a series of actions on November 30 that were related to the establishment of numeric nutrient criteria for the state of Florida, including approving state-developed numeric nutrient criteria proposed earlier this year. While EPA had sought an extension beyond its November 30 deadline, the Agency had to act late Friday when it received no response to its request for more time. The Agency’s approval of Florida’s numeric nutrient criteria is a positive development – while the numeric values were nearly identical to EPA’s, Florida’s proposal included an added biological confirmation step before impairments could be declared. This is an approach that NACWA has been advocating for and EPA’s approval sends a strong signal to other states that such approaches are acceptable.
The Florida rules would only cover a portion of the state’s waterways, so EPA also proposed two federal rules: an inland rule and a coastal rule to cover the remaining waters in the state pursuant to a 2009 consent decree. The coastal rule proposes numeric nutrient limits for estuaries not covered by the state rule, coastal waters, and flowing waters in South Florida. The inland rule clarifies some provisions in the rule EPA promulgated in 2010 establishing numeric nutrient limits in Florida's streams and rivers. EPA also proposed to stay the effective date for portions of the inland rule, including most of the provisions finalized on December 6, 2010 that were to take effect January 6, 2013, to November 15, 2013, in order to gain additional clarity on the implementation of the state rule. NACWA has been actively commenting on these rules and participating in a key lawsuit on these issues in Florida. NACWA will be reviewing both rules to provide more information to the membership while also working with its members in Florida to develop comments as necessary.
NACWA Submits Final Brief in SSI Litigation
NACWA filed a reply brief Dec. 6 with a federal appellate court in litigation over EPA’s sewage sludge incinerator (SSI) rule, reiterating the Association’s legal and technical arguments against the rule and marking the final substantive brief to be filed in the case. NACWA’s brief responds to arguments made by both EPA and the Sierra Club in briefs they have previously submitted in support of the SSI rule.
NACWA’s filing explains why the positions advocated by EPA and Sierra Club are wrong, while at the same time bolstering arguments made by NACWA in its opening brief that the rule suffers from fatal legal and technical flaws. In particular, NACWA emphasizes that the final SSI rule exceeds EPA’s statutory authority under both the Clean Air Act and Clean Water Act. NACWA also highlights the statistical and technical errors made by EPA in setting the rule’s emissions limits. As a result of these problems, NACWA argues the court must vacate the rule in its entirety, thus forcing EPA to develop more appropriate and cost-effective SSI standards.
NACWA initiated the litigation to challenge the SSI rule last year. The reply brief filed this week is the final substantive brief to be filed in the case. Additional background documents and a joint appendix will be filed in the coming weeks, and the court is expected to hear oral arguments in the case sometime in early 2013. More information can be found on the Litigation Tracking section of NACWA’s website.
Supreme Court Hears Oral Arguments in Clean Water Act Stormwater Case
The U.S. Supreme Court held oral arguments Dec. 4 in a case examining what qualifies as a “discharge” from a municipal stormwater system under the Clean Water Act (CWA). The Court’s examination in LA County Flood Control District v. Natural Resources Defense Council focused on whether a lower court ruling by the federal Ninth Circuit Court of Appeals inappropriately found water flowing past pollution monitoring stations in the middle of channelized portions of the Los Angeles and San Gabriel rivers to be a “discharge” under the CWA, thus requiring a discharge permit.
All parties at the oral arguments and a majority of the Court seemed to agree that there was no discharge at the monitoring station at issue in the case, and that the lower court ruling was incorrect on this point. This is consistent with the position advocated by NACWA and a number of other municipal and water sector groups in a brief previously submitted in the case. The brief had urged the Court to follow its prior legal precedent on this issue and find that transfers of water within a waterway do not qualify as a discharge under the CWA. The Court appears poised to embrace this approach in deciding the case, which will be an important victory for the municipal clean water community. It appears likely the Court will either vacate the lower court ruling, or remand the case back to the Ninth Circuit with instructions to reexamine the case under the proper legal standard.
Additional information on the case is available on NACWA’s Litigation Tracking page. A decision from the Court could come at any time, and NACWA will keep the membership updated.
NACWA Continues to Voice Clean Water Advocacy Priorities in the Media
This week, NACWA continued to build on its record of voicing the clean water community’s perspective on key advocacy issues being covered by the media. NACWA was cited in several publications, including an article in the Worcester Telegram & Gazette, which quoted Ken Kirk on the need to fine-tune the Clean Water Act to better meet today’s needs, “[T]here are provisions in the law requiring folks around the country to spend money on things that aren't going to give you the bang for the buck that you need.”
Several sources turned to NACWA for technical insight into the implications of EPA’s recently released recreational water quality criteria, including in the Washington Times. A recent NACWA blog post on the criteria provided additional details on how the clean water community may be affected by the changes.
NACWA staff also provided perspective on the Chesapeake Bay water quality trading lawsuit that NACWA is involved in (see related story) as well as on progress in EPA’s integrated planning initiative and other issues. The Water Voice, NACWA’s blog, provided additional guidance on the value of water quality trading and a feature article by NACWA staff that appeared in Water World magazine.
EPA Hosts Symposium on the Importance of Water
EPA hosted a half-day symposium on Tuesday in Washington, DC, with the goal of sharing information on the role and importance of water to different sectors of the U.S. economy. The purpose of the symposium was to initiate a dialogue with public and private sector leaders on the types of information used to guide business decisions related to water management and to explore ways to fill information gaps and prepare for future water needs. There were four industry sector roundtables — 1) infrastructure and technology; 2) agriculture, food and beverage production; 3) recreation, tourism and development; and 4) energy. NACWA Board Member and General Manager of DC Water, George Hawkins, spoke on the first panel and underscored the importance of the vital role of public water and wastewater agencies in ensuring the Nation’s economic development and touted the importance of NACWA’s Money Matters . . . Smarter Investment to Advance Clean Water™ campaign in outlining the financial pressures that the Clean Water Act is placing on his and the Nation’s clean water agencies. EPA will be issuing a synthesis report in early 2013 that will summarize key findings from the background report, expert papers, technical workshop, and the December 4 symposium that will offer suggestions for meeting future needs, including filling research and information gaps. The background reports and December 4 agenda and speaker profiles can be found on EPA’s Importance of Water webpage. NACWA will share the synthesis report to members once it is finalized and convey any input or feedback to EPA on it as appropriate.
NACWA Participates in WERF Workshop on Managing Wastewater Containing Radionuclides from Emergency Situations
NACWA and representatives from five member utilities participated in a two-day workshop hosted by the Water Environmental Research Foundation (WERF) this week on radionuclides in wastewater collection and treatment systems. WERF, in collaboration with the U.S. EPA NHSRC (National Homeland Security Research Center), convened the workshop with subject matter experts and wastewater utility stakeholders to provide EPA NHRSC with recommendations and technical information on the issue of radionuclides in wastewater infrastructure resulting from emergency situations. Since the 2001 anthrax attacks, NACWA has been acutely aware of the potential generation of decontamination wastewater from chemical, biological or radiological events, either accidental or intentional. Through an EPA grant, NACWA developed the 2005 guidance Planning for Decontamination Wastewater: A Guide for Utilities, which provides an overview of the issue as well as specific guidance on mitigating impacts, emergency planning and training.
The WERF workshop was focused specifically on radiological dispersal events where radionuclides may be dispersed through an explosive device or other means and the resulting decontamination that would likely generate significant volumes of contaminated wash water. WERF will be developing a summary of the workshop, which NACWA will provide to the membership. NHSRC will use the recommendations and technical information from the workshop in future research planning, and also share it with EPA program offices for potential development of additional guidance.
This Week on Engage™: Committees Moving Online, Resources Added
In early January 2013, NACWA’s Standing Committees and several workgroups and task forces will transition to a virtual workspace on NACWA Engage™, the Association’s private social network. This transition will significantly improve collaboration between Committee members and strengthen NACWA’s advocacy efforts. With access to this online committee workspace, members will be able to:
- Start a discussion. Members can see comments to a discussion in one place that is conveniently archived and searchable, eliminating the need to save or search for sometimes confusing email trails;
- Share ideas and resources with Committee members and NACWA staff;
- Communicate with the entire Committee or just an individual member as appropriate;
- Download meetings to your calendar;
- Keep track of upcoming activities;
- Receive daily or weekly updates; and
- Share documents within the Committee. You can share large files, store working documents with the ability to keep track of revisions, and search content.
Committee members will receive additional follow-up communications and instructions, including a reminder email in early January. In the meantime, please take a moment to log on to Engage™ now. All individuals at NACWA member organizations have access to the site by using the same email and password that is used to access the Member Pipeline on the NACWA website. For help, please contact
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Register Today for NACWA’s 2013 Winter Conference
Today’s utility leaders are not satisfied with predicting the future – they are creating it. NACWA’s 2013 Winter Conference, Tomorrow’s Clean Water Utility… Is the Future Already Here?, will be taking place February 3-6, in Miami, Fla., and will provide an opportunity to explore exciting innovations and leading-edge practices that are defining the Water Resources Utility of the Future.
The 2013 Winter Conference will explore the clean water utility of the future, its early adopters’ success stories and regulatory, legislative and/or economic roadblocks to more widespread adoption of the innovations and practices that are shaping the Utility of the Future. There also will be a robust discussion on the business case for innovation that many utilities will need to make before taking the plunge.
Make Your Plans Today!
A detailed program and other information to help make your plans for Miami are available on NACWA’s website. The Hyatt Regency Miami Hotel is offering a room rate of $229 per night (single/double), plus applicable taxes. Reservations must be made by Sunday, January 13, 2013, to receive the special rate. To ensure a hotel room, contact the Hyatt Regency Miami Hotel at 305.358.1234. Be sure to identify yourself as a NACWA attendee. We look forward to you joining us!
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