» Clean Water Current Archive

August 9, 2013 

NACWA Defends Miami-Dade County Proposed Consent Decree

NACWA submitted a comment letter this week in support of a proposed municipal wet weather consent decree negotiated, with federal and state officials, by Association member Miami-Dade County.  In the letter NACWA encouraged approval of the proposal, as written, and opposed unwarranted changes suggested by environmental activist groups.  The Association’s comments highlighted the complexity involved in negotiating wet weather decrees and reinforced the importance of federal courts deferring to the expertise of the parties that negotiate these agreements when reviewing proposed decrees.

The proposed Miami-Dade decree establishes a framework to maximize public health and environmental benefits, and achieve compliance with the Clean Water Act (CWA), without requiring unnecessary expenditures of limited local ratepayer dollars.  A number of local environmental stakeholder groups have, however, intervened in the related judicial proceedings and argued that the proposed decree should be revised to deal more directly with climate change factors.  NACWA’s comments acknowledge that potential climate change impacts can be important considerations for utilities in long-range planning, but also fully support the decision of EPA, the Department of Justice (DOJ), and Miami-Dade County that such considerations are not required to ensure CWA compliance – and that the proposed decree is not the appropriate tool to address climate change.

The comments further note that Miami-Dade has already taken significant steps to plan for the impacts of climate change, entering the Southeast Florida Regional Climate Change Compact with a number of surrounding counties in 2009.  The Compact partners work together to mitigate the causes and adapt to the consequences of climate change, including the potential for sea level rise and the resulting impacts on water and wastewater service.  Given the evolving scientific understanding of climate change – and the need to adapt quickly to changing circumstances – the County’s plan to address climate issues through the Compact (and other adaptive approaches) is much more practical and effective than using a more rigid federal wet weather consent decree and court order.  No other federal consent decree has been altered by a District Court over the objections of the parties that negotiated it to include climate change considerations, and NACWA does not believe this decree should be the first.    

NACWA is always willing to provide comments on proposed decree or other enforcement orders for Association members when such action would be helpful and appropriate.  Members may contact Amanda Water at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for additional information. 

NACWA, Water Sector Groups Briefed on Ammonia Criteria Revisions, Key EPA Rules

During its regular, bi-monthly discussion with top EPA Office of Water officials, NACWA and representatives from key water sector organizations were briefed on the Agency’s forthcoming release of its revised aquatic life criteria for ammonia – and several other rules and that will impact the clean water community.  The group learned that EPA plans to release the final revised ammonia criteria this month.  Since EPA proposed the revisions in 2009, the Agency has reviewed more than 1,000 new studies on ammonia toxicity, including several indicating that freshwater snails exhibit similar sensitivity to ammonia as freshwater mussels.  EPA’s proposed revision had included separate criteria calculation equations for waters where mussels are present or absent, but with the new data on snail toxicity the final criteria will include a single equation to calculate the criteria value based on pH and temperature.  Based on recommendations from NACWA, EPA delayed release of the criteria to allow time to develop three implementation documents: 1) guidance on recalculating criteria on a site-specific basis; 2) guidance on the flexibility available for implementing the criteria (addressing variances, designated use changes, and compliance schedules); and, 3) guidance to help states determine whether sensitive species are present and whether site-specific criteria might be appropriate.  NACWA will alert the membership when the criteria documents are released.  

EPA also provided updates on its post-construction stormwater rule, the forthcoming water quality standards rule, and the NPDES electronic reporting rule.  The Agency continues to work on the stormwater rule, preparing it for submittal to the Office of Management & Budget (OMB).  There is no public timetable at this point, as EPA continues to negotiate with the Chesapeake Bay Foundation on a revised schedule under the settlement agreement driving the rule’s development.  EPA indicated that Administrator McCarthy has expressed an interest in the rule and requested a briefing in the near future on the options the Agency is considering.  The water quality standards rule, which proposes revisions in six main areas to the Agency’s existing regulations (i.e. administrator determinations, designated uses, triennial reviews, antidegradation, variances, and compliance schedules) is being prepared for signature.  Once it is released in the Federal Register, EPA will accept comments on the rule for 90 days.  The Agency is planning to hold two webinars and one public meeting during the comment period, and NACWA will alert the membership when the rule is released.  Finally, EPA briefly discussed the NPDES electronic reporting rule.  The Office of Enforcement & Compliance Assurance, not the Office of Water, is developing the rule, but water office officials are nevertheless following the regulation carefully.  The rule was published in the Federal Register on July 30 and NACWA will be releasing an Advocacy Alert on the proposal next week.

NACWA Moves Forward with Congressional Clean Water Caucus

Congressmen John Duncan, Jr. (R-TN) and Timothy Bishop (D-NY) submitted a letter to the House Administration Committee this week officially requesting approval for a Congressional Clean Water Caucus. As called for in the Water Resources Utility of the Future . . . A Call for Federal Action, the bipartisan Caucus will bring focus to Utility of the Future (UOTF) priority advocacy issues and advance related technologies and innovations in Congress.  NACWA has made progress on many of the actions outlined in the Blueprint and subsequent Call for Federal Action, as discussed in a recent Member Update, and NACWA anticipates that the House Administration Committee will approve the request this month, or in early September following the congressional August Recess.  Once the Caucus is approved, the Association will reach out to Member Agencies to contact key Representatives to sign onto the Caucus.  NACWA also plans briefings on Capitol Hill in line with the Caucus’ UOTF-related mission.

Siloxane Negotiations Nearing End

EPA released a draft enforceable consent agreement (ECA) this week for environmental monitoring of two siloxanes, D4 and D5, and held a conference call to explain the current status of the ECA.  Negotiations on the ECA began over a year ago, and after several deadline extensions, the agreement is expected to be finalized later this month.  EPA has been negotiating the terms of the ECA with the Silicone Environmental Health & Safety Council of North America (SEHSC), and NACWA has participated in the negotiations as an interested party.  Association members that use biogas as a renewable fuel source often experience detrimental effects of siloxanes on the exhaust stages of boilers, engines, and other equipment.

The draft ECA includes sampling at 10 POTWs to collect data for an environmental risk assessment.  Five of the POTWs sampled will not have siloxane manufacturing or processing facilities discharging into the collection system.  These facilities will also receive less than 10 percent of their wastewater influent from industrial facilities, so that contributions of D4 and D5 from consumer products that end up in domestic wastewater may be evaluated.  The other five POTWs will have siloxane manufacturing facilities as indirect dischargers.  Monitoring of the influent, effluent, biosolids, and receiving waters are included in the plan.
After the draft ECA is completed, there will be a 30-day review and comment period.  NACWA will review the final draft and notify members of its terms.  The Association is also working with SEHSC to identify POTWs interested in participating in the sampling required by the ECA and in future research on siloxanes at POTWs. 

NACWA, State Regulators Meet to Discuss Priority Issues

Several NACWA Officers and Board Members met this past weekend with the Board of Directors of the Association of Clean Water Administrators (ACWA), which represents the State, Interstate and Territorial officials who have the delegated authority to implement the Clean Water Act program.  The respective members of both organizations had a productive dialogue that focused on affordability issues, funding and financing challenges — including potentially devastating cuts to the Clean Water State Revolving Fund (CWSRF).  They also discussed ways to collaborate on integrated planning and permitting and Water Resources Utility of the Future (UOTF) initiatives, as well as ensuring state primacy in controlling nutrients from both point and nonpoint sources.  The leaders acknowledged the importance of regular meetings between regulators and the regulated community, and NACWA will ensure that such meetings take place.

Media Covers Key NACWA Advocacy Issues

National news outlets and trade publications continue to cover NACWA’s priority issues, highlighting the Association’s advocacy efforts on flushable wipes, tax-exempt municipal bonds, and the Water Resources Utility of the Future initiative.  On Monday, NBC News published an article reporting on issues with wet wipes, fats and greases clogging sewers in London.  The article quotes NACWA, and follows up on the July USA Today story on flushable wipes.

The Bond Buyer also reported this week on two of NACWA’s top funding and financing-related advocacy priorities – opposing the proposed cuts to the Clean Water State Revolving Fund (CWSRF) and maintaining the tax-exempt status of municipal bonds.  The article discusses the letter NACWA sent, along with other key municipal and state organizations, urging Congress to maintain funding for the CWSRF – and the release of the Association’s Tax-Exempt Municipal Bond Report, in partnership with the Association of Metropolitan Water Agencies (AMWA).  The July/August Stormwater Solutions Magazine features an interview with NACWA discussing the Water Resources Utility of the Future (UOTF) initiative and how its objectives can be implemented.

A complete archive of media coverage surrounding NACWA and priority advocacy efforts can be found on NACWA’s website.

NACWA’s Blog of the Week:
What We’re Thinking About This August

This week’s post on The Water Voice calls on you to call on your member of Congress while they are home for the Congressional August Recess.  While August is usually a quiet time of year, we know that Congress will need to address some of the most important issues affecting the clean water community in only a few weeks – the proposed limitations on the tax-exempt status of municipal bonds, and proposed cuts to the Clean Water State Revolving Fund.  The post includes talking points for your use.  The Water Voice has a new posting each Wednesday, subscribe today and don’t miss a post.