» Clean Water Current Archive

October 11, 2013

NACWA/WEF Collaborate on Utility Leaders Morning and other WEFTEC13 Offerings

NACWA and the Water Environment Federation (WEF) collaborated on a morning of programming geared toward clean water utility leaders during WEFTEC13 in Chicago.  Attendance at WEFTEC13 set records, as did participation at the Utility Leaders Morning.  Over 120 NACWA and WEF members participated in the annual Hot Topics Breakfast on Tuesday, Oct. 8.  While the government shutdown prevented numerous EPA officials who typically attend from coming, their absence did not keep those in attendance from having robust discussion on a range of key water topics.  

At the top of the agenda was the issue of wipes, and other products making their way into sewer systems,  clogging pipes and pumps – and creating other problems.  NACWA's The Toilet Is Not A Trash Can! Initiative – aimed at protecting collection and treatment system pipes, pumps and plants – was launched last week and garnered significant attention during the breakfast and other sessions at WEFTEC13.  Breakfast attendees also discussed the latest on integrated planning and affordability, NACWA's efforts relating to the water resources utility of the future, and climate change and resiliency.  Following the breakfast, the Utility Executives Forum focused its sights on leadership at both the corporate and utility level with Kimo Kippen, Chief Learning Officer, Hilton Worldwide, leading off on corporate reinvention – and Sue Murphy, CEO of Australia’s Water Corporation, and George Hawkins, General Manager of DC Water sharing utility perspectives.    

National Office Staff Prominent in Sessions

NACWA staff members were also featured at WEFTEC13 with Cynthia Finley, the Association’s Director, Regulatory Affairs, participating in an afternoon session, Wipe Out: Reducing the Burden of Wipes in the Pipes.  The Association joined together with representatives of INDA (the nonwoven fabrics industry association) and utilities to discuss the problems created by wipes and other products that are inappropriately flushed into the sewer system, and how the associations are working together to improve labeling, consumer education, and product testing.  

NACWA also had a legal presence at WEFTEC13 with Nathan Gardner-Andrews, General Counsel, participating on a Legal Issues Roundtable panel that addressed recent key legal decisions impacting the water sector.  The roundtable first focused on the recent Iowa League of Cities decision from the Eight Circuit that struck down improper EPA regulations on bacteria mixing zones and peak wet weather blending practices at wastewater treatment plants.  The panel discussed the implications of the decision for municipal clean water agencies, including how utilities that utilize blending can best leverage the ruling going forward.  Panelists also explored how EPA may attempt to limit the reach of the case, and NACWA emphasized the need to push aggressively for national application of the decision.

An examination of a number of other important legal issues facing the clean water community followed. Recent decisions involving federal nutrient criteria for the Mississippi River and EPA’s final total maximum daily load (TMDL) for the Chesapeake Bay received particular attention, and sparked a lively discussion between representatives of the regulated community, states, and environmental activist groups represented on the panel.  NACWA highlighted the importance of continued legal efforts to pursue a holistic watershed approach when addressing nutrient impairment that more equitably shares responsibility between point and nonpoint sources.  

Kirk Recognized with Honorary Membership Award

WEF also honored NACWA’s Executive Director, Ken Kirk, with its Honorary Membership Award at its Awards Ceremony on Tuesday for his “preeminence in the field of activity encompassed by the WEF objectives.”  This award, and the preceding examples of collaboration, send a strong signal of the importance of NACWA and WEF working together on the mutual goals of our respective memberships.  

On Path to SRF Reauthorization Bill, Reps. Bishop and King Urge Members to Support Infrastructure Legislation; Voice Your Utility’s Support!

Despite the government shutdown, there remains interest on Capitol Hill to consider a State Revolving Fund (SRF) reauthorization bill.  Earlier this year, Representative Tim Bishop (D-NY), Ranking Member of the House Transportation & Infrastructure Subcommittee on Water Resources & the Environment introduced H.R. 1877, The Water Quality Protection and Job Creation Act of 2013,  a bi-partisan bill that 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, and to increase support for the bill, he and Representative Peter King (R-NY) are circulating a Dear Colleague letter to collect additional cosponsors.  NACWA will be encouraging all members of the House or Representatives to lend their support.

We Need Your Help!

Please contact your member of Congress and urge them to sign onto this Dear Colleague letter and cosponsor H.R. 1877.  For information on how to contact your Members of Congress, please see NACWA’s Congressional Toolbox.  If you have questions or need assistance, please contact Hannah Mellman This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Seeks EPA Decision on Path Forward for Dental Amalgam Separator Rule

In comments on EPA’s Preliminary 2012 Effluent Guidelines Program Plan (ELG Plan), NACWA asked the Agency to either drop the drafted dental amalgam separator rule from consideration, or formally submit the rule to the White House’s Office of Management & Budget (OMB).  EPA originally announced a schedule of October 2011 for the proposed rule and October 2012 for the final rule, but listed the rule with a “TBD (to be determined)” schedule in the Preliminary 2012 ELG Plan for both the proposed and final rule.  The Agency has communicated to NACWA and to other stakeholders that the proposed rule has already been drafted, has raised some concerns during informal interagency review with OMB.  Although EPA continues to state that it plans to propose the rule, there have been no signs that the Agency is moving forward.

Because of this uncertainty about whether the rule will be proposed, development of local amalgam separator programs has stalled.  Publicly owned treatment works (POTWs) do not want to establish a program only to then be required to change their program in line with a new federal rule, wasting resources for both the utilities and dentists.  NACWA believes that dental amalgam separator programs are best developed on a local level when needed to protect water quality.  The Association provided examples of existing amalgam separator programs – both voluntary and mandatory – that have successfully reduced mercury discharged to POTWs.  NACWA also provided examples of POTWs that do not experience elevated mercury levels in their influent, and would achieve greater environmental benefits by using their resources on other issues.  The Association will continue to work with EPA to resolve this situation and provide certainty for utilities regarding dental amalgam separator programs.  

Appeal Filed in Chesapeake Bay TMDL Litigation

This week the American Farm Bureau filed a notice of appeal in the Third Circuit to the September 13 federal district court ruling in American Farm Bureau v. EPA - the Chesapeake Bay total maximum daily load (TMDL) litigation.  The lower court’s ruling rejected all challenges to the TMDL made by the agricultural plaintiffs in the case, and granted requests by EPA and a group of municipal intervenors, including NACWA, to uphold the final TMDL and its holistic watershed approach that requires pollution reduction from all sources of impairment to achieve nutrient and sediment reductions.

This decision marked a significant win for NACWA, the Maryland Association of Municipal Wastewater Agencies (MAMWA), and the Virginia Association of Municipal Wastewater Agencies (VAMWA) – all of whom jointly intervened as defendants in the litigation in October 2011 to represent the municipal clean water community.  NACWA will seek to actively help defend and uphold the lower court ruling on appeal.  Additional information on the litigation can be found on the Association’s Litigation Tracking webpage.

Activist Group Seeks Partial Rehearing in SSI Litigation

The Sierra Club (SC) filed a Request for Rehearing with the DC Circuit on Oct. 4, asking the court to reconsider a limited number of issues from its Aug. 20 decision in the SSI case.  The court issued a partial remand of the rule in August, agreeing with NACWA that the key technical elements of the rule were flawed and directing EPA to make changes to the final rule.  See the August 23 Clean Water Current for more information on the court’s ruling.  

SC is seeking rehearing on three specific issues: 1) EPA’s decision not to set any “beyond the floor” emission standards; 2) EPA’s decision to set some emission limits by using a multiple of the “representative method detection level” for certain pollutants; and 3) EPA’s decision to set floors for some pollutants based only on the available control technology without considering other factors.  These three issues were previously raised by SC in its original challenge to the rule, and rejected by the court in its decision.  SC is now essentially asking the court to change its mind on these three issues and instead rule in their favor.  SC appears concerned about how the legal precedent on these issues could impact other future Clean Air Act litigation they may bring involving other emission sources.   
 
Requests for Rehearing are rarely granted, and NACWA believes it is unlikely the court will agree to reconsider the issues raised by Sierra Club.   Court rules do not allow NACWA or EPA to file a response to SC’s rehearing request without being asked to do, but the court generally will not grant a petition for rehearing without requesting a response.  Accordingly, NACWA will closely monitor the case and will be prepared to file a response in opposition to SC’s rehearing request if asked to by the court.  In the meantime, NACWA’s efforts are focused on developing an aggressive advocacy strategy to engage with EPA during the rule remand and ensure the Agency’s revisions to the rule result in more appropriate emission standards.  

Federal Shutdown Enters Third Week

The Federal Government will enter its third week of closure on Monday, with most analysts unable to predict when it will reopen.  While Congressional leaders and President Obama are still grasping for a path forward, the hope is that an agreement can be reached by October 17, when the country is expected to reach its debt ceiling.  

The shutdown has furloughed most federal employees, including most congressional staff and EPA employees, other than those deemed essential, among them Administrator Gina McCarthy and a handful of others.  Specific implications of the shutdown on EPA-related programs and services may include stoppages or suspensions of EPA rule-making activities, administrative appeals, new contracts or grants, some payments on existing contracts and grants, and EPA permitting review and approval for the National Pollution Discharge Elimination System (NPDES) program.  If the shutdown has affected your utility operations, we would like to hear about it. Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any relevant information.   

NACWA Expands Media Outreach on Key Advocacy Issues

NACWA participated this week in the Society of Environmental Journalists’ Annual Conference in Chattanooga, Tenn.  The Conference brought together journalists, scientists and advocacy leaders, providing NACWA the opportunity to discuss its top advocacy issues with environmental reporters from across the country.

National news outlets and trade publications have continued to cover NACWA’s priority issues, including the Association’s advocacy efforts on non-flushable wipes.  Following articles from the Associated Press, USA Today, MSN Money and the front page of the Washington Post – the Chicago Tribune this week discussed non-flushable wipes, citing NACWA and the problems its members have been experiencing.

The Association has also been responding to inquiries about the government shutdown’s impact on wastewater utilities, as discussed in an article in Engineering News-Record.  Articles like these help to expand awareness of, and support for, NACWA’s advocacy agenda.  As NACWA expands its media outreach surrounding priority advocacy issues, the Association will continue to keep members updated of key media coverage and work with members to ensure local coverage of key issue, as well.  A complete archive of media coverage can also be found on NACWA’s website.

One Week Remains to Apply for the 2014 National Environmental Achievement Awards

NACWA Public Agency Members are encouraged to submit applications for the 2014 National Environmental Achievement Award program.  The deadline for applications is Friday, October 18, 2013.  With both individual and agency categories available, Member Agencies have the opportunity to receive national recognition for innovative water quality and environmental protection projects initiatives – or to honor a local public official that has made a significant impact on their agency and the environment.  Nomination forms and award guidelines are available on the NACWA website.  Please contact Kelly Brocato with any questions.  

You Don’t Have to Be a Lawyer to Attend the Law Seminar!

Have you made your plans to join us November 20 - 22 in historic San Antonio, Texas for the National Clean Water Law Seminar?  NACWA’s Law Seminar has become an indispensable tool for clean water practitioners – both public agency attorneys and managers alike – due to its thorough examination of timely legal and regulatory challenges facing the clean water community.  The Seminar promises to deliver a timely and informative program spanning the range of legal and regulatory issues impacting the clean water utilities, with top clean water attorneys providing valuable analysis and insights that will be relevant to any attorney or public agency manager working on municipal wastewater and stormwater issues.  An agenda and additional information are available on NACWA’s website — make your plans today!

NACWA Blog of the Week:
Cooperative Federalism: Courts Get it Right in Nutrient Litigation

Have you read NACWA’s Blog The Water Voice?  This week’s post from NACWA’s Deputy General Counsel, Amanda Waters, discusses two recent federal court rulings on nutrients.  These rulings reinforce NACWA’s long-held positions on cooperative federalism and EPA’s proper role in the total maximum daily load (TMDL) and water quality standard development process.  Taken together, these decisions paint a clear path forward for EPA to regulate nutrients in a holistic watershed manner that appropriately addresses nonpoint source contributions while respecting the critical role of states in water quality protection.  Read on to hear more about the impact of these rulings.