» Clean Water Current Archive

May 24, 2013

NACWA Applauds Proposed Consent Decrees with Integrated Planning Approach

NACWA submitted comment letters May 24 in support of two proposed municipal wet weather consent decrees which endorse an integrated planning approach. The two proposed decrees for Seattle, Wash. and King County, Wash., both NACWA members, include innovative language allowing for the development, by both communities, of an integrated plan to more holistically address sewer overflow and stormwater issues. If approved by EPA, these plans could also alter the obligations under the decrees, providing the communities with more flexibility and control over how terms are ultimately met.

NACWA’s letters express strong support for the integrated planning approach, and commend the utilities, EPA, and the U.S. Department of Justice for developing such innovative proposed agreements. The letters note NACWA’s lead role in advocating for integrated planning and the importance of providing communities with additional flexibility on wet weather issues. In particular, NACWA highlights the vital environmental, economic, and social benefits that integrated planning can provide to the citizens of Seattle and King County, while also ensuring tangible water quality benefits.

The letters acknowledge other important elements in the proposed decrees as well, including the ability to revise sequencing of projects under certain conditions; extend decree deadlines due to adverse changes in financial circumstances; and, pursue innovative approaches to green infrastructure and capacity, management, operation, and maintenance (CMOM) issues. NACWA believes these decrees can serve as valuable models going forward for other communities and utilities seeking to include similar language in future wet weather enforcement actions. Copies of the letters are available on the Combined/Sanitary Sewer Overflows issue page on NACWA’s website.

Biogenic Emissions Coalition Meets to Refine Strategy

NACWA met this week with other members of the Biogenic CO2 Coalition to discuss possible strategies with both Congress and EPA to exclude short cycle carbon dioxide (CO2) emissions from Clean Air Act permitting programs. EPA did not exclude these emissions when it began regulating greenhouse gas (GHG) emissions in 2011, although biogenic emissions are considered part of the natural carbon cycle. Without an exclusion, the CO2 emissions from a publicly owned treatment works’ (POTW) treatment processes, as well as combustion of biosolids and biogas, will be subject to Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) and Title V permitting programs. These emissions are currently deferred from permitting programs through July 2014.

The Coalition is drafting a petition for rulemaking and an accompanying technical report to submit to EPA later this year. The advocacy strategy will be refined when a decision is made in Center for Biological Diversity, et al. v. EPA (see April 12 Clean Water Current article for more information), which will determine if the current deferral will stand or be struck down. Depending on this decision, the Coalition may need to seek Congressional action to prevent inclusion of biogenic emissions in CAA permitting programs. 

NACWA Supports Proposed Approach for Nutrient Criteria in Ohio

Stressing the importance of linking numeric criteria to water quality impacts and designated uses, NACWA submitted comments  May 22 in support of Ohio EPA’s proposed approach to developing a control strategy for nutrients. Ohio EPA’s proposal would utilize the wealth of water quality information the state has collected over the last decade to strike “the right balance in controlling nutrient discharges relative to impacts on designated uses.” The state is proposing a weight of evidence approach that uses a multi-metric scoring system (the Trophic Index Criterion or “TIC”) to determine impairment of streams and rivers. In the past, EPA has insisted that numeric values for nitrogen and phosphorus be independently applied regardless of actual water quality impacts. Only very recently has the Agency indicated that it might support approaches that deviate from this model.

Ohio EPA’s weight-of-evidence approach, which uses both stressor variable information (e.g., numeric values for nitrogen and phosphorus) and response variable information that reflects actual waterbody impacts, will better account for the varying impacts nutrients can have on different waterbodies. NACWA’s letter stressed that “[s]tates need room to innovate and try new approaches that do not necessarily fit a national mold” and that Ohio’s proposed approach represented a rational approach that could serve as a model for other states. At the same time, NACWA stressed that key details of the proposal, including how it would be implemented and potential impacts on clean water utilities, were still of concern and that the state should engage the clean water community throughout the rulemaking process to ensure that these issues are appropriately addressed. Ohio has been working to develop a scientifically sound approach to establishing numeric nutrient criteria since 2002 and initiated an Early Stakeholder Outreach – a precursor to the formal rulemaking process – earlier this year. It is anticipated that a draft rule will be released later in 2013.

Healthy Waters Coalition Urges Senators to Support Farm Bill

On Thursday, NACWA joined with the Healthy Waters Coalition (HWC) in a letter urging Senators to support the Farm Bill. The Senate bill includes provisions in the Regional Conservation Partnership Program (RCPP) that will provide greater opportunity for farmers concerned about nutrient run-off to partner with local organizations to address these concerns proactively. It supports these efforts with stable, multi-year funding that partnerships can access to implement water quality conservation practices on the farm. Last week, the Senate Agriculture Committee passed the bill. It is likely to receive a full Senate vote after the Memorial Day recess in June. While the House version of the Farm Bill currently does not contain the nutrient management-related provisions contained in the Senate bill, the HWC will be working to ensure the nutrient management language is ultimately passed into law.

Senate Holds Hearing on Water Quality Trading; NACWA Submits Statement

On Wednesday, the Senate Subcommittee on Water & Wildlife, Chaired by Senator Ben Cardin (D-MD), held a hearing on nutrient trading and water quality. The hearing focused on the status of water quality trading, what challenges exist, and how to help move these markets forward. Senator Cardin’s interest stems from the trading program being developed in the Chesapeake Bay. Mike Shapiro, Deputy Assistant Administrator for the Office of Water testified on behalf of EPA, along with George Hawkins from DC Water, Beth McGee from the Chesapeake Bay Foundation, Marty Matlock from the University of Arkansas, and Susan Bodine from Barnes & Thornburg LLP. All of the witnesses gave strong statements to support the greater development and promotion of water quality trading programs to address nutrient pollution and other water quality problems in a more cost-effective manner. Shapiro also spoke with confidence about the legality of water quality trading under the Clean Water Act, an issue at the heart of litigation NACWA is currently engaged in. NACWA submitted a statement for the record which emphasizes the vital importance of trading programs, especially in the context of agriculture’s contribution to the nutrient problem. The Association will continue to engage with EPA and Congress on issues related to water quality trading.

House Subcommittee Holds EPA Budget Hearing

The House Subcommittee on Water Resources & the Environment held a hearing this week to discuss the Administration's Fiscal Year (FY) 2014 EPA Budget Proposal. The hearing referenced several Clean Water Act issues NACWA has been heavily involved in, including funding for the Clean Water and Drink Water State Revolving Funds, integrated planning, and stormwater management. Members of the Subcommittee heard testimony from Nancy Stoner, Acting Assistant Administrator of the Office of Water and Mathy Stanislaus, Assistant Administrator for the Office of Solid Waste. During the hearing, Representative Richard Hanna (R-NY) questioned Stoner on the Agency's work to update its affordability guidelines citing NACWA, the U.S. Conference of Mayors, the National Association of Counties and the National League of Cities.

Subcommittee Chair Bob Gibbs (R-OH) again expressed his support for the establishment of an integrated planning pilot program at EPA in the FY 2014 Budget. Earlier this month, Representative Gibbs joined the Subcommittee’s Ranking Member Tim Bishop (D-NY) in a letter requesting $5 million in the FY 2014 EPA budget to establish an integrated planning pilot program. Under such a program up to 50 communities around the country could receive grants towards developing integrated plans. NACWA will continue to track developments on the Federal budget and its impacts on the water program as they occur.

NACWA Voices National Perspective at Wet Weather Partnership Workshop

NACWA and a number of its member agencies participated in the Wet Weather Partnership’s Workshop, National Developments in the Regulation & Control of Urban Wet Weather Discharges, this week in Kansas City, Missouri. The Workshop’s two primary focuses were on integrated planning and the growing role of green infrastructure in meeting wet weather control requirements. NACWA discussed its role in making EPA’s Integrated Planning Framework and its ongoing effort – through regional Integrated Planning Workshops – of ensuring public agencies develop these plans. NACWA’s remarks also addressed green infrastructure as part of a broader move to the Water Resources Utility of the Future. As envisioned, the Water Resource Utility of the Future encompasses a variety of new techniques and approaches in the arenas of low impact development, energy production, water reuse, and resource recovery. NACWA will continue to work with groups like the Wet Weather Partnership, and key regional and state organizations, to ensure a consistent message on priority issues and leverage advocacy-based resources.

FY 2014 NACWA Budget Sustains Member Agency Return on Investment

NACWA this week forwarded its preliminary Fiscal Year (FY) 2014 budget and next year’s anticipated advocacy agenda to the membership via Member Update (MU) 13-08. The budget strategy is the product of a six-month deliberative process involving NACWA’s Board, committee leadership, and staff – and sets forth a plan to sustain the incredible return on investment (ROI) provided by the Association’s Targeted Action Fund (TAF) through membership dues, rather than voluntary contributions.

In recent years NACWA’s TAF has saved its Member Agencies tens of billions of dollars annually – most recently as a result of litigation advocacy resulting in EPA’ refusal to modify the secondary treatment regulations to include nutrient removal and the federal court striking down EPA’s use of a ‘flow TMDL’ for stormwater. NACWA’s members clearly receive significant and ongoing benefits from the TAF.

In FY 2014, membership dues are projected to generate $577,756 in new revenue – of which $500,000 (13% of a 15% dues increase) will be allocated to NACWA’s TAF. As a result of this dues increase, our smallest Member Agencies will see their dues increase by $190 – and our largest Member Agencies’ dues will go up by $7,620. Many NACWA Member Agencies that made voluntary contributions to support the TAF last year will see their annual payment to the Association reduced.

Comments Requested by June 14

Consistent with NACWA’s budget cycle, the Association’s Board of Directors encourages all members to review the preliminary FY 2014 General Fund budget. Comments should be directed to Karen Pallansch, NACWA Treasurer and Chair of the Association’s Finance Committee (703-549-3381 Ext. 2202 or via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) and NACWA’s Executive Director, Ken Kirk (202/833-4653 or via e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) by midnight Eastern Time on Friday, June 14, 2013. All comments received will be carefully considered prior to final action on the FY 2014 General Fund budget when NACWA’s Board of Directors meets on July 14, 2013 in Cincinnati, Ohio.

Make Your Plans Today for the 2013 Summer Conference & 43rd Annual Meeting

We look forward to seeing you in Cincinnati, July 14 - 17 for Managing & Financing the Resilient Clean Water Utility. Recent focus on the Water Resources Utility of the Future has highlighted efforts such as resource recovery, water reuse, and energy generation, but these comprise only one facet of the story. The transformational change that we are witnessing within the clean water community has its roots in efforts to improve the management of clean water utilities and can be traced back to the earliest initiatives to become more sustainable. These sustainability and enhanced utility management efforts have taken on new and added significance as the clean water community faces what will likely become the “new normal” – ongoing pressure from economic uncertainty, reductions in water use (and the resultant decline in revenues), weather variability and other factors.

The 2013 Summer Conference agenda  will look at the management and financing approaches utilities are putting into place as they work to establish a more resilient business model founded on integrated financial and management practices, systems and processes adapted for this “new normal”. Conference sessions will explore this expanding innovation in utility management, as well as the changing landscape of municipal board financing.

A detailed agenda  and other information on making your plans are available on NACWA’s website. The Hilton Cincinnati Netherland Plaza is offering a room rate of $160 per night (single/double), plus applicable taxes. Reservations must be made by Monday, June 21, 2013, to receive the special rate. To ensure a hotel room, contact the Hilton Cincinnati Netherland Plaza at 513.421.9100. Be sure to identify yourself as a NACWA attendee. We hope to see you there.