» Clean Water Current Archive

March 21, 2014

EPA Defers National Stormwater Rulemaking, Denies RDA Petitions

EPA made two significant announcements this week regarding key national stormwater issues. On Wednesday, EPA’s Office of Water released an official statement that they are deferring development of a National Post Construction Stormwater Rule in lieu of more targeted, less regulatory-driven efforts to help municipalities better control stormwater runoff. In a statement to the press, EPA explained they are “…updating [their] stormwater strategy to focus now on pursuing a suite of immediate actions to help support communities in addressing their stormwater challenges and deferring action on rulemaking to reduce stormwater discharges from newly developed and redeveloped sites or other regulatory changes to its stormwater program.”

In short, the Agency is officially acknowledging that continued work on a new national stormwater rule does not make economic or regulatory sense at this point. In many ways this news is not unexpected, as there had been very little progress on the rule over the past few years and EPA missed its most recent draft proposal deadline in June 2013. NACWA has aggressively advocated with EPA on the stormwater rule since 2009, and our advocacy played a part in helping guide EPA to the conclusion that a new national stormwater rule is not appropriate at this time.

NACWA will continue to engage with EPA as it pursues new avenues to address stormwater issues, and we will ensure the municipal clean water perspective is actively represented in those discussions. We will also monitor any reactions to EPA’s decision, including any possible legal action from the environmental activist community.

Regions Deny RDA Petitions

Additionally, three petitions submitted by NGO groups to EPA Regions 1, 3, and 9, requesting they use their residual designation authority (RDA) to permit unregulated stormwater discharges into impaired waters were denied. Each of the three regions denied the petitions, with Region 3 denying them outright; Region 1 limiting consideration of the RDA on a watershed scale consistent with their existing policies; and, Region 9 continuing to evaluate unregulated sources of stormwater runoff for potential designation as part of its ongoing stormwater program. The Regions’ complete responses can be found on the NACWA website. Though NACWA held a position that the petitions were worthy of consideration, their denial assuages concerns with how the RDA approach would be implemented and avoids any potential unintended consequences for MS4s. Though the petitions were denied, they seem to have elevated the dialogue around exercising RDA to a national level. NACWA will continue to track any developments.

NACWA Briefs Water Office Leadership on Struvite, Recovered Resources

NACWA met this week with Nancy Stoner, Acting Assistant Administrator for EPA’s Office of Water, and other senior staff to discuss the regulatory status of struvite recovered from the wastewater treatment process. At issue is whether a struvite product harvested from the treatment process is subject to the Clean Water Act’s Part 503 regulations for biosolids. NACWA, along with Member Agency representatives and staff from a NACWA Affiliate that provides struvite recovery technology, described the process, its final product, and outlined how struvite products differ substantially from biosolids products produced at the treatment plant. Current fertilizer markets where struvite products are being used would likely not be available if the material was regulated under Part 503, which could negatively impact the payback time for a utility’s investment and make these types of resource recovery operations less attractive for clean water agencies. The issue is further complicated by the fact that not all struvite products are similar in composition and quality. EPA has requested additional information on the process and the quality of the final product to help them as they evaluate the issue, but indicated that they have not yet reached a final decision.

Over the last 4-5 years, a number of clean water agencies have begun to recover phosphorus in the form of struvite from the wastewater treatment process, a practice that has been highlighted by the clean water community in its work on the Water Resources Utility of the Future, as well as by EPA in its recent Innovation Blueprint. Most, though not all, of these struvite operations have been managing the product outside of the Part 503 regulations. Earlier this year, NACWA learned that EPA was working on a policy statement regarding the regulatory status of these materials under the biosolids regulations and initiated discussions with EPA biosolids staff. This week’s meeting was intended to ensure that EPA’s policymakers were aware of the implications of any decision made and to seek a potential path forward that will not stymie innovation and further resource recovery.

Though struvite was the initial focus of this week’s meeting, NACWA made it clear to EPA that this issue has much broader implications for all resource recovery operations at clean water agencies. NACWA and EPA also discussed how struvite regulation has been approached in some European nations and committed to work closely together as the Agency continues to evaluate its options. The Association will be working to ensure that EPA gets the information it needs and will be continuing discussions with technical and legal staff at the Agency.

Court Grants Stay in Mississippi River Nutrients Litigation

A federal appeals court granted a stay March 17 in litigation over nutrient issues in the Mississippi River Basin (MRB), putting on hold a lower court order directing EPA to make a formal determination on the need for federal numeric nutrient criteria (NNC) in the MRB by March 19. The order in Gulf Restoration Network v. EPA comes two weeks after EPA filed an appeal brief in the case, three days after the lower court rejected a similar stay request, and a mere two days before EPA was required to publish a revised necessity determination pursuant to the lower court’s September 2013 ruling. (See NACWA Advocacy Alert 13-15 for more information on the September decision.) This week’s stay means EPA will not be required to make a necessity determination regarding federal NNC in the MRB while the appellate court considers the Agency’s appeal.

NACWA was an intervenor in this litigation at the trial court level and supported EPA’s position that federal NNC are not required for the MRB. The issues EPA is raising on appeal are procedural in nature and do not address the substantive issues involving nutrients that most directly impact NACWA members – as such, the Association is not directly participating in the appeal at this time. NACWA is, however, closely monitoring developments and is prepared to intervene in the appeal as necessary if substantive arguments regarding nutrient regulation are put before the appellate court.

Congressional Staff Tour Alexandria Renew Enterprises

NACWA and the Congressional Clean Water Caucus organized a tour of Alexandria Renew Enterprises, a clean water utility in Alexandria, Virginia, today for key Congressional staff who work on clean water issues. The tour informed staffers about the high-tech nature of the wastewater treatment process and Alexandria Renew Enterprises’ role is in maintaining the health of the Potomac River while transforming the way it meets Clean Water Act requirements and objectives. As a utility of the future, Alexandria Renew is reusing over 1.3 billion gallons of treated effluent for plant maintenance and cleaning and converting their biosolids into a nutrient-rich fertilizer for farmers in Virginia. The tour underscored the importance of a Congressional Caucus focused on these issues. NACWA will be working with member agencies to arrange more Congressional tours in the future.

Utility of the Future Partners Continue Collaboration

Following the release of last year’s Blueprint, NACWA, the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF) have continued to make significant progress on the Water Resources Utility of the Future (UOTF) initiative. This week, the UOTF Steering Committee sent a memo to the UOTF Task Force providing an update of these collaborative and individual organization efforts to advance shared UOTF priorities.

Additionally, the three organizations are collaborating to focus much of Water Week 2014 to highlight the organizations’ UOTF efforts including the NACWA-WEF-WERF National Water Policy Forum & Fly-In (April 7-9), the Water Infrastructure & Innovation Expo (April 9), and the kick-off briefing of the Congressional Clean Water Caucus (April 8). NACWA will continue to keep the membership updated of all UOTF related activities and for more information on Water Week visit www.waterweek.us.

Deadline Extended to April 21— Please Complete NACWA’s Financial Survey

NACWA is extending the deadline for completing the 2014 Financial Survey until April 21. NACWA public Member Agencies received their individualized survey forms in January in the mail and via Member Update 14-02. The triennial survey provides a comprehensive overview of public clean water utility financing and management trends and is a trusted resource for NACWA members as well as policymakers and other stakeholders. Completing the survey is no easy task, and NACWA appreciates the time and energy invested by its members to provide this valuable information. If you have any questions about the survey, please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 202-833-9106.

Registration Open for Consent Decree Workshop & Pretreatment Workshop & Training

Registration is now open for two important NACWA workshops – both of which provide unique value on important issues affecting clean water utilities today. Don’t miss NACWA’s inaugural Wet Weather Consent Decree Workshop, April 30 – May 1, in Chicago. This timely and informative workshop will provide utilities with the most up-to-date information, analysis, strategy, and insights on wet weather enforcement issues. Top clean water legal speakers from around the nation will share their expertise, and utility participants will have the opportunity exchange information and experiences with their clean water colleagues. Additional information on the Workshop - including an agenda, registration and hotel information, and other details - is available on NACWA’s website. Whether your utility is negotiating an enforcement order, anticipating one, or already living under consent decree and considering a modification, this Workshop is for you. Register today!

NACWA’s 2014 Pretreatment & Pollution Prevention Workshop will be held May 14 – 16 at the Depot Renaissance Minneapolis Hotel in Minneapolis, MN. For the first time, NACWA will offer a full-day, optional training session in conjunction with the Workshop on May 13. The training session will be an introductory course on the pretreatment program, targeted toward pretreatment professionals in the first few years of their pretreatment careers. Agendas for both the Pretreatment & Pollution Prevention Workshop and the training session, as well as registration and travel information, are available on NACWA’s website at www.nacwa.org/14pret. Hotel reservations at the group rate of $149/night are available through the April 22, and reservations may be made online or by phone.

Law Web Seminar Addresses CWA Jurisdiction, Water Quality Trading

NACWA’s Hot Topics in Clean Water Law web seminar this week drew a large crowd to hear a panel of expert clean water attorneys who covered two topics of great significance.

LaJuana Wilcher and Samantha Propp from NACWA Legal Affiliate English Lucas Priest & Owsley LLP tackled the continuing saga of defining the jurisdictional reach of the CWA. This issue is particularly timely because EPA has indicated that the draft Science Advisory Board’s (SAB) Connectivity Report, which provides the scientific support for EPA’s and the Army Corp of Engineers’ expected CWA jurisdiction rulemaking, is anticipated to be published in the Federal Register this month. The preliminary report, Connectivity of Streams and Wetlands to Downstream Waters, was submitted to EPA’s Science Advisory Board (SAB) in September 2013 for independent peer review.

Brooks Smith, Brent Fewell, and T.J. Mascia, of NACWA Legal Affiliate Troutman Sanders LLP, then delivered a presentation on the importance, challenges and opportunities of water quality trading. The discussion covered the history water quality trading programs, a summary of the current status of trading in various states around the country, and a look at the legal framework for trading. Additionally, the presentation examined ways to advance trading options in the future.

The presentations can be downloaded from NACWA’s website. The next seminar will be held on June 18 – stay tuned for more details!

March AWARDS Madness Is Here! Is Your Agency Ready To Be Recognized?

NACWA is currently accepting award applications for two of its recognition programs – the Peak Performance Program and the Excellence in Management Recognition Program. We know our members routinely function at a high level of excellence – let us recognize you for it!

The Peak Performance Program acknowledges member agency facilities for excellence in wastewater treatment as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements. Agencies are encouraged to submit applications for the 2013 Peak Performance Awards program by April 4, 2014. Awards are given at the Platinum, Gold and Silver levels based on 2013 calendar year performance.

NACWA’s Excellence in Management Recognition Program applications are now available for Member Agencies. The Program honors Member Agencies that have adopted successful management practices that address the range of challenges faced by public clean water utilities in today’s competitive environment. Enhanced with the addition of Resource Efficiency & Protection Activities to align with the Ten Attributes of Effectively Managed Water Sector Utilities, this program also offers Platinum, Gold, and Silver recognition. For more information on the Excellence in Management Recognition Program, visit the Excellence in Management Recognition Program page. Applications are due by April 30, 2014.

Visit the Awards Section of NACWA’s website for more information on eligibility/criteria, levels of recognition, and how to apply for these prestigious recognition programs.

NACWA Blog of the Week:
For the Utility of the Future, Risk is Not a Four Letter Word

As the expression goes, “What would you do if you could not fail?”. Guest blogger, Logan Olds, General Manager of NACWA Member Agency the Victor Valley Wastewater Reclamation Authority in California discusses his philosophy on the Utility of the Future and why taking risks should be part of the plan. With a new posting each week, subscribe The Water Voice today!

Trending on NACWA Engage™. . .

Have you been reading the Daily Digests from the Association’s networking site, Engage™? Be sure to take a look at the discussions taking place on this new members-only networking site. Trending this week:

• Green House Gas Reporting
• Incorporating Climate into NPDES Permits
• Low Income Affordability Programs
• Social media: Recommendations?

Log-in today and get Engaged! If you are have any questions about the use of the site or would like to have a colleague be subscribed to the Daily Digests, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director of Marketing & Social Media at 202.533.1802.

APWA Launches Online Professional Development for Utilities

The American Public Works Association (APWA) is an active supporter of the Water & Wastewater Leadership Center, a joint venture of NACWA, the Association of Metropolitan Water Agencies (AMWA), the Water Environment Federation (WEF), and the American Water Works Association. The Leadership Center, now in its 12th year, offers unparalleled executive education at the Kenan-Flagler Business School at the University of North Carolina – Chapel Hill.

Recently APWA has launched an online professional development series for utilities, Building the Public Sector: One Leader at a Time, featuring Public Sector Advocate and Leadership Development Innovator, Ian Hill. The program offers interactive web-based sessions that stretches over a 15-week period and includes offerings for Emerging Leaders and Front Line staff. For additional information, or to register, visit APWA’s website.