» Clean Water Current Archive

September 27, 2013

NACWA Takes Advocacy Lead on Wipes; Media Takes Note

NACWA has been taking the lead advocating on behalf of its members for a more viable solution to the problems being caused by non-flushable wipes in sewer systems all across the country. Wipes and other products are commonly flushed but often do not disperse rapidly in the sewer system, causing expensive repair and maintenance problems for many sewer systems. In a joint press release last week with INDA (the Association of the Nonwoven Fabrics Industry), the Water Environment Federation (WEF), and the American Public Works Association (APWA), NACWA took an important step in announcing a collaborative effort to address problems associated with wipes in the sewer system.  This priority issue for NACWA has generated significant press attention, including articles in USA Today, MSN Money and on the front page of the Washington Post.

This week, news outlets across the country picked up an article by the Associated Press (AP) discussing non-flushable wipes, and citing NACWA and the problems its members have been experiencing. The AP article has been featured on ABC, NBC, National Public Radio, Washington Post, FOX, Huffington Post and CBS, among others, and on over 75 local news outlets. Additionally, a number of local TV stations have covered the issue including in Philadelphia, PA, Baltimore, MD, Casper, WY and Roanoke, VA.

Moving forward, NACWA plans to build on this momentum through advocacy efforts on non-flushable wipes and other product stewardship-related issues, with public agency members making it clear that this is a top priority for their agencies and the Association. Later this year, NACWA, INDA, WEF and APWA will form a working group to try to find consensus on the scientific/technical issues related to the definition of flushability and test procedures to confirm flushability. In addition to these collaborative efforts, NACWA continues to explore and consider other regulatory, legislative and legal approaches to help keep non-dispersible and other damaging products out of the sewer systems.  

A complete archive of media coverage can be found on NACWA’s website, and more information on issues with non-flushables and NACWA’s efforts are available at www.nacwa.org/flushables.

Court Rules EPA Must Make Determination on Federal Nutrient Criteria in Mississippi River Nutrients Case

On Sept. 20, the U.S. District Court for the Eastern District of Louisiana ruled  that EPA is required under the Clean Water Act (CWA) to make a determination within 180 days on whether federal numeric nutrient criteria (NNC) are necessary for the Mississippi River Basin (MRB) and Gulf of Mexico, but the court affirmed EPA’s discretion to consider a wide variety of factors in making such determination.  The Gulf Restoration Network, et al. v. EPA case arose from a challenge by environmental organizations to EPA’s 2011 denial of their 2008 petition to establish federal NNC and nutrient total maximum daily loads (TMDLs) for all waters nationwide where such criteria have not been developed or, alternatively, to establish — at a minimum —such criteria and TMDLs for all waters in the MRB and Gulf of Mexico.  NACWA requested and was granted intervention in the case in late May 2012 and filed briefs in 2013. 

The court found that “EPA could not simply decline to make a necessity determination in response to Plaintiffs’ petition for rulemaking” but was required to make a clear “yes” or “no” decision.   However, in an important positive development for NACWA and its utility members, the court expressly rejected arguments that EPA cannot rely on non-scientific factors when making a necessity determination.  This provides an opportunity for EPA to make a “no” decision on the need for federal NNC – thus meeting the court’s directive to make a formal necessity determination – using many of the same factors from its 2011 petition denial. NACWA will continue advocating strongly with EPA in support of this outcome. Another aspect of the ruling that is helpful for NACWA members is the court’s clear affirmation that states have primary responsibility under the CWA for developing water quality standards, which echoes NACWA’s longstanding position that was expressed in this case through briefing. NACWA will monitor further developments in the litigation, including any potential appeal by EPA.  More information on this week’s decision can be found in Advocacy Alert 13-15, and additional details on the overall litigation can be found on NACWA’s Litigation Tracking page. 

House Transportation and Infrastructure Committee Signals Interest in SRF Reauthorization Bill

NACWA, along with members of the Water Infrastructure Network (WIN), met with Congressman Tim Bishop (D-NY) on Thursday to discuss growing interest in a State Revolving Fund (SRF) reauthorization bill in the 113th Congress.  Rep. Bishop is the Ranking Member of the House Transportation and Infrastructure Subcommittee on Water Resources and the Environment.  In the meeting, Rep. Bishop explained that he, along with Subcommittee Chairman Bob Gibbs (R-OH), and full Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Ranking Member Nick Rahall (D-WV) are all interested in introducing an SRF bill together once the House completes work on a Water Resources Development Act authorization bill, if they can come to an agreement on various details.  

Earlier this year, Rep. Bishop introduced H.R. 1877, The Water Quality Protection and Job Creation Act of 2013 , which would authorize approximately $13.8 billion over five years in investments for water infrastructure projects, authorize $2.5 billion over five years for sewer overflow control grants, and establish a clean water trust fund as well as a loan guaranty program to fund the Clean Water SRF. Rep. Bishop would like to see the SRF reauthorization proposal resemble his legislation, but there remains a split among the committee leadership over the application of local prevailing wage requirements.  NACWA will continue to provide updates on this effort as they occur.

State/Regional Associations, NACWA Discuss Stepped Up Collaboration

NACWA hosted a conference call this week with representatives from more than 15 state and regional clean water associations to discuss opportunities for collaboration on advocacy issues and the benefits of leveraging the groups’ capabilities for shared advocacy objectives. Key state and regional association partners with whom NACWA has long-standing relationships were on the call as were organizations less familiar with our national advocacy. Ultimately, the intent of the initiative is to best leverage our combined advocacy resources on key issues – while identifying what those priority issues are in various areas of the country.

The group was highly interested in establishing a broad-based coalition of the state/regional associations with NACWA to approach targeted clean water issues in Washington, DC with a united voice, while also sharing information and supporting regional advocacy goals wherever possible. If you are involved with a regional group that would be interested in joining this coalition, please contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Participates in Federal Agency Outreach Meeting on President Obama’s Climate Action Plan

NACWA attended a meeting this week with other associations representing state and local governments to learn how federal agencies are implementing the president’s Climate Action Plan.  EPA organized the meeting, and the Department of Energy (DOE), the Department of Health and Human Services (HHS), the Department of Transportation (DOT), the National Oceanic and Atmospheric Administration (NOAA), and the Federal Emergency Management Administration (FEMA) all provided information on their responsibilities and planned actions under the Climate Action Plan.  EPA and FEMA are working on plans to make communities more resilient to extreme weather and other climate impacts, and FEMA is evaluating lessons learned from hurricane Sandy and how to systematically incorporate these lessons into their programs.  The associations attending the meeting recommended that the federal agencies consolidate their climate information and tools to make them easier to access for states and local communities.  

DOE expressed in interested in learning more about the barriers to renewable energy production, including at wastewater treatment utilities.  NACWA will be meeting with DOE later this fall to discuss results of a Water Environment Research Foundation (WERF) project to quantify the energy production potential at clean water agencies as part of the Water Resources Utility of the Future (UOTF) initiative.

NACWA Recommends Changes to Steam Electric Power Effluent Guidelines

NACWA sent comments to EPA regarding the Agency’s proposed effluent limitation guidelines (ELG) for steam electric power generating point sources.  EPA last updated the steam electric power ELG in 1982 and is obligated through a settlement agreement to finalize the ELG rulemaking by May 2014.  NACWA’s comments recommended allowing the publicly owned treatment works (POTWs) to determine the copper and iron standards for steam electric power generating facilities that discharge to sewer systems.  EPA proposed an exemption from new standards for nonchemical cleaning wastes that are currently authorized for existing facilities.  Through the pretreatment program, however, POTWs serve as the control authority for these facilities and “understands the facility’s permit and the necessary discharge limits to protect the POTW and its receiving waters,” as stated in NACWA’s comments.  

NACWA also recommended that EPA stop using the outdated 1982 50 POTW study as the basis for removal efficiencies at POTWs.  The data in this study are over 30 years old, and the removal efficiencies are no longer valid.  Treatment technologies at most POTWs have improved since the Study was completed, and pretreatment programs have significantly reduced concentrations of pollutants, which impact treatment plant removal efficiency values.  NACWA will continue to work with EPA to reduce the reliance of the Agency and state regulatory authorities on this outdated data.

Money Matters Task Force Discusses Integrated Planning/Affordability, Next Steps

NACWA’s Money Matters Task Force (MMTF) met via conference call this week to discuss the latest on integrated planning and affordability and to consider how NACWA’s efforts should continue to evolve.  One of the key messages from the Money Matters. . . Smarter Investment to Advance Clean Water campaign, launched in 2010, was the importance of making smarter clean water investments through regulatory prioritization.  As the MMTF discussed on its call, the campaign has made tremendous strides in providing opportunities for greater prioritization of investments necessary to meet Clean Water Act obligations.  EPA’s June 2012 Integrated Planning Framework (IP Framework), a direct outgrowth of the campaign, has opened the door to a more comprehensive approach to planning for and implementing clean water investments.  But the IP Framework is primarily about sequencing, allowing projects to be organized and potentially spaced out to minimize burden on the utility and the framework’s reliance on a utility’s financial capability has again underscored the issue of affordability.  

Since the release of the IP Framework NACWA along with the U.S. Conference of Mayors (USCM) have put continued pressure on EPA to update its affordability guidelines.  EPA has begun to acknowledge the need for greater clarity and has committed to developing an Affordability Framework, expected to be released at an upcoming meeting of mayors and other elected officials on October 9-10.  The new Affordability Framework is expected to provide a bridge between EPA’s 1997 affordability guidance and the IP Framework, and based on statements form EPA, the new framework will incorporate some of the concepts from NACWA’s latest white paper.  

The MMTF agreed that while these are positive developments, a continued focus on affordability issues will be critical going forward.  The MMTF also noted that facilitating implementation, in part through NACWA’s IP workshops, should continue to be a priority as the Money Matters campaign evolves into its next phase.  Ultimately, the Task Force discussed the need for broader, structural change to the Clean Water Act in order to ensure that water quality investments are wisely made and result in the most benefit for the dollar invested.  

Make Your Plans Today for the National Clean Water Law Seminar

Plans are underway for NACWA’s National Clean Water Law Seminar, November 20 - 22 in historic San Antonio, Texas.   NACWA's Law Seminar is the only conference of its kind focused specifically on the legal and regulatory challenges facing the municipal clean water community, and this year's Seminar promises to deliver a timely and informative program covering the hottest issues in clean water law.  The topics covered at the Seminar will span the range of legal and regulatory issues impacting clean water utilities, with some of the top clean water attorneys in the country providing valuable analysis and insights that will be relevant to any attorney or public agency manager working on municipal wastewater and stormwater issues. Iinformation on making your plans are available on NACWA’s website.  

NACWA Blog of the Week:
EPA Administrator Gina McCarthy Has it Right – Climate Change Is Really about Water

Last week, EPA Administrator Gina McCarthy delivered an address at The National Press Club to provide an update on the Obama Administration’s Climate Action Plan.  In her speech, McCarthy noted, “Climate Change is really about water.”  We completely agree – and to that end, we have some thoughts for the Administrator.  With a new posting each Wednesday, The Clean Water Voice Blog is the perfect way to receive overviews and opinions on issues of importance to the clean water community.  Subscribe today!