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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the December-January 2014 Regulatory Update.  This Update provides a summary of relevant regulatory issues and actions from December 2013 and January 2014.

Top Stories

NACWA Comments on EPA’s Proposed WQS Regulation Revisions

NACWA filed comments  January 2 on EPA’s proposed Water Quality Standards Regulatory Clarifications, providing input on all six focus areas in the rule: 1) administrator’s determination; 2) designated uses; 3) trienneial reviews; 4) antidegradation; 5) variances; and 6) compliance schedules. The Association also suggested, to the extent EPA finalizes the rule revisions, it should include language that reinforces the value and appropriateness of water quality trading as a regulatory tool to facilitate implementation of water quality standards.

NACWA has actively tracked efforts in this area since EPA first contemplated WQS regulation changes in a July 1998 Advanced Notice of Proposed Rulemaking. NACWA provided extensive comments on that proposal and weighed in on the Agency’s July 30, 2010 notice soliciting initial stakeholder input on the issues addressed in the current proposal. Consistent with its September 22, 2010 comments (on the July 2010 notice) NACWA does not see an urgent need for regulatory changes to address the issues EPA has laid out in the proposal. The Association understands that many of the changes are intended to facilitate more consistent implementation among the states, but EPA should work to address such issues directly with its state partners rather than attempt to achieve more consistency through additional regulatory requirements. NACWA’s Water Quality Committee will discuss the rule and the Association’s comments in more detail at its upcoming meeting during NACWA’s 2014 Winter Conference in Santa Fe.

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

NACWA Requests Changes to EPA’s Draft FY 2014-2018 Strategic Plan

NACWA commended EPA for its continued focus on nonpoint sources in January 3 comments  on the Agency’s Draft Fiscal Year 2014-2018 Strategic Plan, but raised a number of concerns, including the Plan’s lack of consideration for cross-cutting and cross-media impacts. While reiterating the Agency’s focus on controlling pollution from nonpoint sources, the Draft Plan fails to acknowledge that as EPA’s clean water programs are implemented, point sources remain under constant pressure from state and EPA regulatory and enforcement actions – and are often the only sources required to do anything substantive to improve water quality. This ongoing pressure is coming at an ever-increasing cost for consistently decreasing water quality benefits and has led to the need to ensure maximum utility flexibility and compliance prioritization in line with the NACWA Money Matters...Smarter investment to Advance Clean Water and Water Resources Utility of the Future campaigns.

The Draft Plan promises a new era in partnerships, including with local governments, and acknowledges that local governments “can be both co-implementers and regulated entities under national and state environmental laws” and that these entities are “dealing with significant resource constraints.” EPA has taken an important first step toward restoring a partnership with local government through development of the Integrated Planning Framework, but NACWA’s comments highlight that the Draft Plan’s water goal should more expressly recognize the role local government plays in implementing the Clean Water Act (CWA) – and the importance of the final Integrated Planning Framework and the corresponding Affordability Framework that is still under development.

On the climate front, the Draft Plan highlights the importance of evaluating the impacts of climate change when implementing the Agency’s air and water programs – but lacks any consideration of the greenhouse gas impacts associated with certain clean water mandates. NACWA’s comments highlighted the need for the Agency to evaluate “how actions under one EPA goal area may run counter to objectives under another goal.” For example, limit of technology controls that are being imposed on clean water agencies to address nutrient discharges under the CWA require large amounts of energy and/or chemical use. NACWA also highlighted that clean water agencies are now facing the potential for regulations designed to limit the discharge of substances, such as triclosan, that EPA’s toxic substance and pesticide office continues to approve and allow in products. The Association’s comments stressed that “EPA’s chemical safety and pollution prevention goals should acknowledge this growing problem and identify actions to help prevent” these conflicts between its regulatory programs.

NACWA also highlighted the work underway at clean water agencies across the country to improve their operations, reduce energy consumption – in some cases producing green energy to supply to the grid - recover resources, and generally improve the sustainability of their operations. EPA’s increasingly stringent water quality mandates, however, can run counter to these efforts and NACWA urged EPA to look for ways to address these hurdles to facilitate more innovation.

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

NACWA Comments Outline Concerns with EPA’s Proposed NPDES E-Reporting Rule

NACWA filed comments  December 12 on EPA’s proposed National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule. A major objective of EPA’s electronic reporting (or e-reporting) rule, published in the Federal Register on July 30, is to increase the public’s access to environmental management information by requiring all NPDES permittees to submit their reports electronically to their regulator. While the clean water community acknowledges that e-reporting will become the accepted business practice over time and has significant positive potential, there are several challenges and complications with the rule as proposed. EPA is proposing roughly two years for complete rule compliance, which NACWA’s comments point out is an overly aggressive timetable and will put many permittees at risk for non-compliance. NACWA and its members’ priority is data quality and, without the proper context and careful quality assurance, the electronically reported information could be misinterpreted or incorrectly identify compliance issues where none exist.

NACWA recommends that the Agency consider all the issues raised in the detailed comments, including a longer time for full rule implementation as well as several pilot programs to determine appropriate timelines and to work out data quality concerns. The Association will continue to advocate for more procedural clarity and flexibility as e-reporting evolves.

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

Biosolids

Save the Date – January 30 Call on SSI Rule Implementation

NACWA will be hosting a conference call on Thursday, January 30 at 2pm Eastern to discuss implementation of the maximum achievable control technology (MACT) standards for sewage sludge incinerators (SSIs). A major focus of this call will be Title V permitting and related issues. Members of the SSI Advocacy Coalition will receive more details soon. Other members interested in participating should contact Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Climate and Resiliency

NACWA Urges EPA to Consult with Utilities on Adaptation Implementation Plan

NACWA sent comments  to EPA on January 3 about the Agency’s Draft Office of Water Climate Change Implementation Plan, which was written in response to Executive Order (EO) 13514, Federal Leadership in Environmental, Energy, and Economic Performance. The Implementation Plan draws on and helps implement the National Water Program 2012 Strategy: Response to Climate Change that was published in December 2012. The Strategy contains 19 goals and 53 strategic actions that provide a long-term approach to deal with the challenges that climate change will present to the nation’s water resources and to utilities in particular.

In addition to providing recommendations to more closely align the Implementation Plan and the 2012 Strategy, NACWA urged EPA to engage local utilities in climate adaptation work. Although the Implementation Plan includes a ‘priority action’ to “Engage key stakeholders in climate change adaptation work by continuing to support the State and Tribal Climate Change Council that advises the National Water Program,” as stated in NACWA’s comments, “there is no similar action for engaging local utilities or the associations that represent them – a serious omission since these utilities will be the most significantly impacted.” NACWA also expressed concerns about the Office of Water’s (OW) goal to include climate change science or trend information in a major rulemaking prior to 2015. NACWA stated that “utilities should consider all relevant site-specific data in their planning and decisions, but local-level climate science and trend data varies considerably across utilities and model projections, and it will be difficult for OW to incorporate this type of information into a national rule.” NACWA will continue to discuss these issues with EPA and encourage them to seek utility input into the Plan.

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

NACWA, Coalition Meet to Discuss Biogenic Greenhouse Gas Issues

NACWA and other members of the Biogenic CO2 Coalition met on December 12 to discuss EPA efforts regarding possible regulation of carbon dioxide (CO2) from biogenic sources, including wastewater treatment plants, and the potential impacts of a challenge before the U.S. Supreme Court to EPA’s existing greenhouse gas (GHG) regulations. During the meeting, coalition members discussed how the upcoming Utility Air Regulatory Group v. EPA litigation before the Supreme Court, scheduled for argument in late February with a decision likely by late June 2014, could limit EPA’s ability to regulate biogenic CO2 sources. Although the case does not directly deal with biogenic emissions, a ruling by the court on certain issues raised by the petitioners could effectively remove biogenic sources from EPA’s GHG regulatory authority under the Clean Air Act.

Coalition members agreed that future efforts to advocate for a permanent biogenic GHG exemption by EPA, including the option of filing a petition seeking a deferral, will be influenced by the outcome of the case. In the meantime, the coalition agreed that continued conversations with EPA about their regulatory plans, including possible efforts to craft a draft regulatory proposal for biogenic sources, should continue pending a Supreme Court decision.

NACWA joined the coalition earlier this year to add momentum to its effort to advocate for a permanent exemption from CAA permitting requirements for CO2 from wastewater treatment plants. EPA approved a temporary deferral for CO2 sources in 2011, but that deferral was struck down by a federal appellate court in early 2013. Meanwhile, the deferral rule remains in place while the Supreme Court reviews the pending challenge to EPA’s underlying GHG regulations. NACWA will continue to work with the coalition and EPA to achieve a regulatory CO2 exemption for municipal wastewater treatment facilities.

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

Conferences & Meetings

Save the Date for 2014 NACWA Pretreatment & Pollution Prevention Workshop

The NACWA 2014 Pretreatment & Pollution Prevention Workshop will be held May 14-16 at The Depot Renaissance Minneapolis Hotel in Minneapolis, MN. An optional pretreatment training session will be held at the same location on May 13. NACWA welcomes member recommendations for topics to cover at the Workshop and proposals for presentations. Please contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with your suggestions. More information about the Workshop will be posted on NACWA’s Conferences & Professional Development webpage soon.

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

Energy

NACWA, ACWA Collaborate on Energy Assessments for Water, Wastewater Facilities

The Association of Clean Water Administrators (ACWA) is convening a call on January 29, 2014, from 2:00 -3:30 pm Eastern, to discuss a state effort to provide free energy assessments for clean water agencies. NACWA is collaborating with ACWA’s Energy Task Force on the call and all NACWA members are invited to participate.

The call will feature a presentation from Jennifer Dodd, Deputy Director of the Tennessee Division of Water Resources, on the formation of the Tennessee Water & Wastewater Energy Efficiency Partnership, and how it could serve as a model in other states. The Partnership is a collaboration among EPA Region 4, the Tennessee Department of Environmental Conservation, the Tennessee Valley Authority, the University of Memphis, University of Tennessee – Municipal Technical Advisory Service, the Environmental Finance Center (University of North Carolina) and Schneider Electric.

Patterned after an EPA Region 7 initiative, the Tennessee program consisted of an individual energy assessment for each water or wastewater facility and a series of four workshops that facilitated action plans and funding options for capital improvements. The participants in the program, including several NACWA members, projected annual savings per facility ranging from $15,750 to $210,000. If you are interested in participating in the call, please contact Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it to obtain the dial-in details.

Facility & Collection Systems

EPA Targets Wet Weather in Enforcement Goals, Acknowledges Need for Affordable Solutions

EPA’s Office of Enforcement & Compliance Assurance (OECA) released an updated list in early December of the Agency’s current Enforcement Goals. Wet weather issues have long been a focus of EPA’s enforcement efforts, including being a central focus of the Agency’s current 2014 – 2016 National Enforcement Initiatives. Their inclusion in the updated goals list only reinforces the fact that municipal clean water utilities will continue to face an aggressive wet weather enforcement agenda in the coming years. At the same time, OECA’s director Cynthia Giles noted in a blog post accompanying the new goals that “using affordable and innovative approaches that improve communities and save money” is an important element of EPA’s clean water enforcement agreements with municipal governments.

This acknowledgement by EPA of the need for smarter and more affordable enforcement efforts is a welcome development, and is one that NACWA has long advocated for through a variety of efforts, including its Money Matters … Smarter Investment to Advance Clean Water™ campaign – as well as in previous comments on EPA’s enforcement priorities. EPA’s new integrated planning approach, initiated as a result of the efforts by NACWA and others, can be a key tool in helping to achieve the innovative and cost-effective enforcement approach that EPA now acknowledges.

While NACWA is pleased with EPA’s recognition of the need for more innovative and affordable wet weather enforcement, the Association also realizes that the Agency’s position can often be very different in the trenches of wet weather enforcement negotiations. NACWA understands the significant challenges the municipal clean water community faces on the enforcement front and will continue to provide its members with aggressive advocacy and resources on this issue going forward.

Contact: Nathan Gardner-Andrews at 202/833-3692 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Funding Opportunities

Great Lakes Protection Fund Seeks to Support Tools for the Next Generation of Water Utilities

The Great Lakes Protection Fund seeks to support a suite of projects that will design, develop, test and evaluate innovations to advance the next generation of actions to protect and restore the ecological health of the Great Lakes. The Fund is particularly interested in integrated water resource management approaches that seek to incorporate value-added services in their business model and place a premium on adaptability, flexibility and resilience. NACWA members in the Great Lakes region may want to consider proposing projects that will create novel partnerships and synergies, develop new tools, and show impact. Successful candidates should team up to demonstrate effective collaborative approaches with team members from a range of sectors, and with a diversity of perspectives, skills and expertise.

Preproposals received by February 3, 2014 can be considered for support at the Fund’s June 2014 board meeting.

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

EPA Announces Availability of Green Infrastructure Technical Assistance Funds

NACWA encourages members interested in green infrastructure (GI) to explore the EPA Office of Wastewater’s $400,000 in technical assistance being offered to communities interested in implementing GI. According to EPA, this technical assistance is intended to advance the adoption of GI programs in selected communities and help develop knowledge and tools that can be transferred to other communities and to a national audience. The Agency anticipates providing assistance to 5 to 7 communities. Interested communities are encouraged to respond to the Request for Letters of Interest by January 24, 2014, 5:00 p.m. EST.

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

Green Infrastructure

EPA Reconvenes National Green Infrastructure Partners

NACWA, American Rivers, the Natural Resources Defense Council (NRDC), the Low Impact Development Center, the Association of Clean Water Administrators (ACWA), the US Water Alliance, and the Water Environment Federation (WEF) met with EPA in December to lay out a path towards reaffirming the national green infrastructure (GI) partnership originally established in the 2007 GI Statement of Intent. NACWA will join NRDC and EPA in developing a new draft GI partnership document to reflect the relatively new emphasis on resiliency and re-emphasize the support for GI implementation, while continuing to build on the vision and objectives from the original Statement. The entire group will work to benchmark the original Statement objectives and develop a final statement document by the spring of 2014. Other key organizations will also be approached to join in support of the new GI Statement. A GI event to spotlight this new initiative is likely to take place during the upcoming NACWA/ WEF/ Water Environment Research Foundation’s “Water Week” event in April.

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

Integrated Planning/Financial Capability

USCM, NACo, NLC Lead Municipal Group Discussion on Affordability with EPA

NACWA attended a meeting of municipal leaders and senior EPA officials December 13 to discuss the issue of financial capability and affordability. Convened by the U.S. Conference of Mayors, the National Association of Counties (NACo) and the National League of Cities (NLC), the meeting focused on the Agency’s draft affordability framework, which EPA hopes will provide additional clarity on how it plans to conduct financial capability assessments for meeting Clean Water Act mandates. EPA circulated a draft of the framework with the Mayors, NACo and NLC in October, and NACWA was given an opportunity to review and provide comments on the draft during an internal discussion of the municipal groups on October 31.

Mayors, along with city and county leaders, from across the country provided feedback to EPA Deputy Administrator Bob Perciasepe and other senior EPA officials during the meeting with the objective of influencing the content of the final framework. The discussion focused on EPA's continued reliance on median household income for assessing affordability, the need for greater consistency and transparency in regional implementation and the many unique challenges that communities across the country face. NACWA will be convening its Money Matters Task Force on January 27 to discuss the outcome of the meeting and will provide additional details on the discussion at the upcoming joint meeting of the Legislative and Regulatory Policy and Legal Affairs Committees during the NACWA Winter Conference in Santa Fe.

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

Members seeking more information or related regulatory activity in their state can access NACWA’s State Action Track web tool, here.