» Clean Water Current Archive

April 12, 2013

NACWA Disappointed with Administration’s Support for Water Utilities in FY2014 Budget Proposal

On Wednesday, the Obama Administration released its Fiscal Year (FY) 2014 budget request, which includes steep reductions to the Clean Water State Revolving Fund (CWSRF) of more than $350 million and nearly $100 million to the Drinking Water State Revolving Fund programs. In addition, the Administration’s budget proposes a 28% benefit cap on tax-exempt municipal bond interest for high income taxpayers. NACWA voiced deep disappointment with the Administration’s proposed cuts to programs critical to clean water investments and issued a press release outlining the Association’s concerns. The budget request in its entirety can be found here, and for NACWA’s initial budget analysis, please see Advocacy Alert 13-06. The Association will track any developments as Congress and the Administration move forward with the budget and report back to members as they occur.

Sen. Boozman Questions EPA Administrator Nominee on Integrated Planning at Confirmation Hearing

On Thursday, the Senate Environment & Public Works Committee held a hearing to consider the nomination of Gina McCarthy as EPA Administrator. Prior to the hearing, NACWA met with Senator John Boozman (R-AR) and his staff to brief them on key issues the Association is working on related to EPA and affordability. At the hearing, Senator Boozman questioned McCarthy on her commitment to support the ongoing efforts of EPA’s integrated planning and permitting framework and her plans, if confirmed, to make integrated planning a more useful tool for utilities. Citing NACWA, the U.S. Conference of Mayors, and the National League of Cities, Boozman also stressed that a growing number of municipalities are seeking increased flexibility to prioritize and develop longer compliance schedules to meet Clean Water Act (CWA) requirements. In her response, McCarthy confirmed her support for the EPA integrated planning framework, stating that she understands the stress that municipalities are under and would work to make integrated planning a more useful tool. She also agreed to look at developing extended permit terms. The full confirmation hearing can be viewed as an archived webcast here. NACWA will keep members updated when full Senate consideration of McCarthy’s nomination occurs.

As Stormwater Rule Deadline Looms, NACWA Continues Advocacy

NACWA continued discussions with EPA’s Office of Water this week as the Agency works to develop a new national post-construction stormwater rule – and the rule’s June proposal deadline swiftly approaches. On Wednesday, NACWA staff met with EPA staff at their offices and discussed the progress of the rule and possible assistance NACWA, and its members, could provide during the final phases of their analysis. EPA is currently finalizing one of the most complex cost-benefit analyses of any previous rule, which in addition to traditional infrastructure costs, also includes difficult to calculate “avoided” and “opportunity” costs. NACWA believes the attention to detail in the cost analysis represents EPA’s understanding of the nuanced cost burden this rule may place on utilities and municipalities, and indicates that they want to ensure the process is fully vetted. At the same time, the cost analyses are taking longer than anticipated, in large part due to the unique nature of the stormwater rulemaking. While EPA continues to operate under a June 10, 2013 deadline to propose the rule, NACWA’s conversations with Agency staff strongly suggest the proposal will not be completed in time – and that the release date will be pushed back. Exactly how long the delay might be will likely become more clear in the coming weeks.

The stormwater rule will garner significant attention as part of NACWA’s National Environmental Policy Forum later this month when Connie Bosma, EPA’s Municipal Branch Chief, presents at the Stormwater Committee meeting. Her presentation will provide an update on the rulemaking process and feature an in-depth look at the major elements of the rule and the cost analysis. NACWA strongly encourages stormwater utility staff and others interested to attend and hear specifics about one of the most significant EPA water rules of the last decade.

Court Hears Arguments on EPA’s Biogenic GHG Deferral

A federal appellate court held oral arguments April 8 in a challenge to EPA’s deferral of certain biogenic emissions from the Agency’s greenhouse gas regulations. In doing so, the court addressed a case in which NACWA filed a legal brief and which could have significant impacts on municipal clean water utilities. The lawsuit, Center for Biological Diversity, et al. v EPA, focuses on 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.

The panel of judges hearing the case appeared to be split on whether EPA’s deferral decision was valid, with some judges indicating support for the Agency’s action while others expressed skepticism as to the deferral’s validity. The arguments lasted nearly double the original scheduled time, suggesting the judges have significant interest in the issues presented in the litigation. A decision is expected within the next few months.

NACWA’s brief, filed in the case last year, supports EPA’s deferral decision and explains why biogenic emissions from publicly owned treatment works (POTWs) are different in nature from other biogenic emissions, noting the short carbon cycle associated with human waste and the unavoidable nature of the emissions, which would occur regardless of POTW processing. The Association’s filing also explains 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 and on the Association’s Litigation Tracking page. NACWA will keep the membership updated on developments.

NACWA Submits Comments on Cybersecurity Framework

NACWA submitted comments this week to the National Institute of Standards & Technology (NIST) regarding the development of a Cybersecurity Framework for Critical Infrastructure. Executive Order (EO) 13636, Improving Critical Infrastructure Cybersecurity, charged NIST with developing the Framework, with a draft due this fall and a final version due in February 2014. The EO states that the Framework should incorporate voluntary consensus standards and industry best practices as much as possible. The Framework itself will not include any regulations. More details about the EO and the accompanying Presidential Policy Directive 21 (PPD-21) on Critical Infrastructure Security & Resilience are contained in NACWA Advocacy Alert 13-04.

NACWA’s comments to the request for information by NIST emphasized the wide variety of wastewater treatment utilities and the flexibility needed in any recommendations addressing cybersecurity. The Association also explained the costs utilities are already facing to upgrade their infrastructure and to meet their Clean Water Act regulatory requirements, asking that any burdens resulting from the Framework’s recommendations “be proportional to the risks associated with a cybersecurity incident at a wastewater facility.” NACWA also encouraged NIST to “consider the measures already taken voluntarily by utilities and the improvements that utilities will continue to make to their cybersecurity as risks are identified.” Finally, the Association recommended that NIST provide multiple opportunities for comment as the Framework is developed.

NACWA will monitor the development of the Framework and other aspects of the EO and PPD-21 implementation through its involvement with the Water Sector Coordinating Council. The Association will also ask for input from members of its Security & Emergency Preparedness Committee as draft documents related to cybersecurity are released.

NACWA Members Featured at National Water Infrastructure Summit Next Week

On Tuesday April 16, NACWA is partnering with the Water Environment Federation’s (WEF) Water for Jobs campaign and a number of other groups to host the National Water Infrastructure Summit in Washington DC. The Association signed on in September as a supporter of WEF’s Water for Jobs: Water Puts America to Work campaign, which delivers a clear message that investment in water infrastructure creates jobs and spurs economic growth. NACWA Executive Director Ken Kirk and Association Board Members George Hawkins, General Manager, DC Water; Howard Neukrug, Commissioner, Philadelphia Water Department; Carter Strickland, Environmental Protection Commissioner, New York Department of Environmental Protection; and Karen Pallansch, Chief Executive Officers, Alexandria Renew Enterprises; will be featured on the Summit program to discuss the economic need for resilient water systems and making water infrastructure a top national priority. The Summit will be available to watch online streaming live here beginning at 10:00AM EST on Tuesday. For more information about the Summit, you can view the flyer or visit WEF’s Water for Jobs website.

NACWA’s National Environmental Policy Forum Is Only Nine Days Away! Have You Made Your Plans to Visit Your Congressional Delegation?

An important part of NACWA’s National Environmental Policy Forum is the opportunity to interact with key federal agencies and Congress. The Policy Forum program includes the latest updates on key issues and the opportunity to meet with your members of Congress – and help influence federal clean water policy. On Tuesday, April 23, all eyes will be on Capitol Hill as key policy staff from the Senate and House of Representatives join us to share Committee priorities for water quality policies in the 113th Congress. That afternoon, NACWA Members will head to Capitol Hill for meetings with their Congressional delegations – sharing critical information on issues of both national and local importance. Additional information on scheduling visits, along with compelling issue papers, is available in NACWA’s Congressional Toolbox. Please contact Hannah Mellman, NACWA’s Manager, Legislative Affairs, with any questions ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).