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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the June 2013 Regulatory Update.  This Update provides a summary of relevant regulatory issues and actions current to the end of June 2013.  

Top Stories

CBF Declares EPA in Breach of Settlement Agreement – National Stormwater Rule Further Delayed

The Chesapeake Bay Foundation (CBF) on June 18 declared that EPA had breached their 2009 settlement agreement, a main component of which was the proposed national stormwater rule. For over two years NACWA, its members, and municipal partners have actively engaged EPA’s Office of Water as it worked to develop a national rule. Earlier this month, CBF had extended the deadline for EPA to propose the rule for a seventh time, through Monday, June 17th. EPA was unable to meet the deadline. Under the terms of the agreement's dispute resolution, EPA and CBF will meet by mid-July to discuss terms and will have another 60 days to announce a revised schedule for the rule that satisfies CBF. If an agreement is not reached, the issue will move to a judge.

The Foundation’s action puts additional pressure on EPA, which will continue its analyses and rule development as these negotiations take place. The remaining evaluation includes finalizing the complex cost-benefit analysis which, in addition to traditional infrastructure costs, also include difficult to calculate “avoided” and “opportunity” costs. This delay, though frustrating for those who have been eager to see a rule proposed, does give EPA more time to account for the potentially significant cost burden this rule will place on utilities and municipalities, and ensure the process is fully vetted. NACWA expects to see a new rulemaking schedule this fall, at the earliest – a full two years past the original September 2011 rule proposal deadline.

Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NACWA Briefs EPA Water Office on Financial Capability

NACWA provided Nancy Stoner, acting assistant administrator for the Office of Water, and other key EPA staff an overview of the Association’s new white paper, The Evolving Landscape for Financial Capability Assessment – Clean Water Act Negotiations & the Opportunities of Integrated Planning, June 13 during the water sector’s bi-monthly meeting with the water office leadership. NACWA highlighted how the cash-flow forecasting approach outlined in its paper would provide a more accurate assessment of spending needs and burden on the community over the lifespan of a utility project than the current snapshot method employed by the Agency. While EPA remains resistant to revising its 1997 financial capability guidance, Stoner expressed significant interest in the new approach and recommended similar discussions with EPA’s enforcement staff. NACWA plans to meet with water and enforcement office staff in late July to provide more detail on the paper, and is working to schedule a broader discussion on affordability with top EPA officials.

The Agency is planning to provide some policy direction in the coming months on what additional factors and metrics can be included when assessing financial capability. NACWA hopes to influence the content of whatever EPA releases. Also during the meeting, the Water Environment Federation (WEF) provided an overview of their new affordability assessment tool, developed with the U.S. Conference of Mayors and the American Water Works Association (AWWA). The tool and accompanying report outline a range of alternative indicators for assessing affordability that are intended to help utilities within the current framework for financial capability assessment established by EPA’s 1997 guidance.

Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Air Quality

Siloxane Agreement Expected by August

EPA announced on June 25 that negotiations on an enforceable consent agreement (ECA) for environmental monitoring for two siloxanes, D4 and D5, will be extended until August 27, 2013. EPA and the Silicone Environmental Health & Safety Council of North America (SEHSC) have been negotiating on the ECA since June 2012, with an original deadline of December 27, 2012. NACWA has provided information during the negotiations as an interested party because of the detrimental effects of siloxanes on the exhaust stages of boilers, engines, and other equipment when biogas is used as a renewable fuel by publicly owned treatment works (POTWs).
SEHSC communicated with NACWA this week that EPA and SEHSC have reached an agreement that includes sampling at ten POTWs – five with siloxane-producing facilities that discharge to them and five without. Details on sampling and testing continue to be negotiated. SEHSC has hired a consultant to identify POTWs that have the characteristics required for the siloxane sampling program. Several NACWA members have indicated their willingness to participate in sampling, and NACWA has provided SEHSC with the names of these agencies. Other NACWA members who may be interested in participating in the sampling, or in reviewing the ECA before NACWA approves it, should contact Cynthia Finley.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Climate and Energy

Obama Releases Climate Change Plan; NACWA Provides Clean Water Perspective

President Obama unveiled a comprehensive Climate Action Plan (CAP) that includes proposals to reduce greenhouse gas emissions and better prepare the country for the impacts of climate change. Climate change has been a priority concern for the wastewater sector, and NACWA has reached out to the Administration to ensure that the plan, which was released on June 25, takes into full account the clean water community’s perspective. In response to the CAP, NACWA sent President Obama a letter   that details how clean water agency leaders are key first responders to extreme weather events and encourages the Administration to call upon NACWA and its members to help determine how best to target new climate change policies and investments. More information on the CAP can be found in this Advocacy Alert, and we will provide updates on this initiative as they become available.

EPA Releases Guide to Energy Efficiency in Water and Wastewater Facilities for Local Governments

In early June, EPA released a new climate and energy strategy guide for local governments, Energy Efficiency in Water and Wastewater Facilities: A Guide to Developing and Implementing Greenhouse Gas Reduction Programs.  This guide is intended to provide comprehensive information for utility staff and policy makers on implementing energy management programs for water and wastewater facilities and demonstrates the growing attention that water-energy nexus issues are receiving. This is a key issue area under the Water Resources Utility of the Future initiative and NACWA will keep members updated as developments occur. The full guide is available on EPA’s website.

EPA/Regulatory Policy

NACWA Meets with Intergovernmental Relations, Smart Growth Offices at EPA

NACWA participated in two recent meetings this month with officials from EPA’s Office of Sustainable Communities (OSC), often referred to as the ‘Smart Growth Office,’ and the Office of Congressional and Intergovernmental Relations (OCIR). On June 25, NACWA met with John Frece, Director of OSC, and key staff to discuss OSC’s work on green infrastructure and its recent engagement on projects involving clean water agencies. With no regulatory responsibilities, OSC seeks to provide technical assistance and other support to state and local governments in an effort to promote smart growth approaches. The office has expressed an interest in the growing number of clean water consent decrees that incorporate or seek to incorporate green infrastructure and how those investments can be further leveraged to benefit a community’s overall smart growth initiatives. NACWA and OSC committed to further communication to exchange information and explore opportunities to collaborate.

On June 27, NACWA met with Mark Rupp, the new Deputy Associate Administrator for Intergovernmental Relations in OCIR. Rupp and his staff are charged with working with state and local governments to ensure that their voices are heard as policies and rules are developed by EPA. The initial discussion with Rupp focused on President Obama’s Climate Action Plan and the important role that state and local governments are expected to play in its implementation. NACWA stressed the important voice the clean water community brings to the issue and welcomed the opportunity to work with Rupp and others at EPA and other federal agencies going forward.

Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Facilities & Collection Systems

 NACWA Requests Revisions to Draft Flushability Guidelines

NACWA submitted a letter on June 18 to INDA, the Association of the Nonwoven Fabrics Industry, recommending changes to the draft third edition of their Guidelines for Assessing the Flushability of Disposable Nonwoven Products. NACWA has engaged INDA in discussions regarding the guidelines for several years. The simplified testing procedures in the third edition are a significant improvement to the previous guidelines. The document also provides a Code of Practice for using a standard “Do Not Flush” symbol on products that are non-flushable.

NACWA’s letter expressed appreciation to INDA for allowing our representatives as well as others with the Water Environment Federation (WEF), and the Maine WasteWater Control Association (MWWCA) with the opportunity to review the draft guidelines and the emphasis on improved labeling of non-flushable products. NACWA expressed concern, however, over the removal of the term “dispersibility” from the guidelines, since products introduced into the sewer system must not only be flushable in terms of making it through a toilet and household plumbing but must also disperse in the collection system to prevent clogs of pumps and screens.

Shortly after receipt of NACWA’s letter, INDA posted the final version of the guidelines on its website. The final version contained some minor adjustments, but no significant changes. A link has been posted on NACWA’s resource page for flushable wipes and other non-dispersible products at www.nacwa.org/flushables. INDA has, however, responded to NACWA’s letter and offered to continue working with the Association on this issue. An in-person meeting will be scheduled within the next two months between NACWA, WEF, INDA, and other partners.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Meetings and Conferences

Plan to Attend 43rd Annual Meeting and 2013 Summer Conference

NACWA’s Summer Conference and 43rd Annual Meeting, Managing & Financing the Resilient Clean Water Utility, July 14 - 17 in Cincinnati is only a few weeks away!   A detailed program   and other information on making your plans are available on NACWA’s website.  While the Hilton Cincinnati Netherland Plaza no longer has any rooms available, NACWA has secured a small overflow block close by at the Hyatt Regency Cincinnati.  The Hyatt is continuing to extend the conference room rate of $160 per night (single/double), plus applicable taxes. To ensure a hotel room, contact the Hyatt Regency Cincinnati at 888.421.1442 and be sure to identify yourself as a NACWA attendee.

Security and Emergency Preparedness

Security & Emergency Preparedness Committee Convenes via Webinar

NACWA’s Security & Emergency Preparedness Committee held a web meeting on June 3 to discuss cybersecurity and other recent activities related to utility security. Since the February 2013 release of the Executive Order (EO) for Improving Critical Infrastructure Cybersecurity, and the accompanying Presidential Policy Directive 21 (PPD-21), cybersecurity has been a national focus. The Committee received an update of the activities related to the EO and PPD-21 being conducted by the Department of Homeland Security and other federal agencies. NACWA has submitted comments on an initial request for information regarding the Cybersecurity Framework that will be developed as prescribed in the EO.

The Committee also discussed an episode of the popular TV show NCIS-LA that aired on April 9 and focused on intentional contamination of both bottled and municipal drinking water. The episode has raised many questions within the water sector about how utilities and EPA would respond to this type of contamination, and the WSCC is currently working with EPA and DHS to ensure that the water sector is appropriately prepared for this type of incident.

A summary of the web meeting and all of the reference materials used during the meeting are available on NACWA’s website. The next meeting of the Committee will be in September and will focus on case studies of the security measures taken by NACWA members at their facilities. To join the Security & Emergency Preparedness Committee – or any other of the Association’s issue-driven committees – please visit www.nacwa.org/joincommittee.

Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .