» Update Archive

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

Top Stories

NACWA Participates in EPA Briefing on Draft CWA Jurisdiction Rule, Seeks Member Input on Rule

NACWA attended an EPA briefing March 31 for municipal water associations regarding the Agency’s recently proposed draft rule on Clean Water Act (CWA) jurisdiction. The proposed regulation, jointly published in the Federal Register on April 21 by EPA and the Army Corps of Engineers, seeks to expand CWA jurisdiction for certain tributaries and wetlands, but also preserves the existing regulatory exemption for waste treatment systems designed to meet requirements of the CWA. (See Advocacy Alert 14-08 for more details on the proposal.)

During the meeting, NACWA asked EPA to clarify the rule’s potential impact on green infrastructure (GI) installations (such as swales or rain gardens) designed to manage stormwater runoff, and also its potential impacts on municipal stormwater collection systems. EPA made clear that the rule is not designed to create CWA jurisdiction coverage for GI stormwater management practices, nor is the rule intended to provide jurisdictional coverage for stormwater collection systems “upstream” from any existing permitted discharge point. While NACWA appreciates these verbal clarifications from EPA on the proposal’s intended reach, the Association will also seek additional written clarification in the final rule on these important issues.

NACWA will submit comments on the draft rule, and encourages all interested members to complete their own review and forward any comments to Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by May 16 to help inform NACWA’s comment effort. EPA has also offered to hold a web seminar to brief NACWA members on the rule’s components. Interested member agencies should contact Brenna Mannion as soon as possible.

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 Responds to NACWA Inquiry on Blending

NACWA received a letter  April 2 from EPA regarding the Agency’s implementation of a recent federal court case on blending. The letter, sent in response to a November 2013 inquiry  from the Association and other municipal groups, confirms that EPA will apply the March 2013 Iowa League of Cities v. EPA decision as “binding precedent” in the Eighth Circuit, but was silent on how the decision will be applied elsewhere in the country. EPA Acting Assistant Administrator for Water Nancy Stoner, however, stated in her remarks at the National Water Policy Forum & Fly-In that the decision will not be uniformly applied outside the Eighth Circuit. Instead, EPA will evaluate blending on a “case by case” basis.

The EPA letter also indicated that the Agency plans to hold a public health forum, now set for June 19 and 20, to “ask questions about the public health implications of various bypass and blending scenarios during wet weather events.” Stoner noted during her remarks that EPA hopes to use the forum to guide its decisions on applicability of the Iowa League decision outside the Eighth Circuit.

As requested in the April 18 Federal Register notice  announcing the forum, NACWA will be nominating both public health experts and wastewater treatment plant design and operation experts to participate in the forum. The notice also asks for data to be submitted by May 19 regarding the performance of municipal wastewater treatment plants during wet weather conditions. NACWA members with useful data should contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Additional information about the forum, including pre-registration for members of the public to attend the forum, is available on EPA’s website.

NACWA has previously stated that the legal decision should be applied nationwide, and is disappointed that EPA has not agreed to do so. NACWA has also previously encouraged all member agencies to use the decision to support the use of blending regardless of geographic location, and continues to support its national applicability. The Association will work to ensure that the municipal clean water community is well represented at EPA’s upcoming forum, and also will evaluate additional advocacy options on this important issue. The membership will be updated on any new developments.

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

Climate and Resiliency

Bureau of Reclamation Releases Water Management Video Series

The Bureau of Reclamation is releasing a video series summarizing collaborative research addressing climate change, flood and drought hazards, and improving streamflow prediction. The video series will focus on collaboration with researchers from both federal and non-federal organizations including members of the Climate Change and Water Working Group, NASA Jet Propulsion Laboratory, and the National Center for Atmospheric Research.

To begin the series, the Bureau has released four videos: Improving Stream Flow Prediction Across the Contiguous United States, Tracking Pathways of Atmospheric Rivers, Calculating Flood Risks at Our Nation's Dams, and Examining Variability of Hydroclimate Extremes. Additional videos in the series will be released over the next few weeks. For more information about the Bureau’s climate change and variability research, visit www.usbr.gov/research/climate.

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

Conferences & Meetings

Register Now for the 2014 NACWA Pretreatment & Pollution Prevention Workshop and Pretreatment Training

For over two decades, pretreatment professionals from across the country have benefited from the utility-focused speakers and panels, as well as the unique networking opportunities, provided by NACWA’s National Pretreatment and Pollution Prevention Workshop. This year’s Workshop, May 14 - 16 in Minneapolis, will focus on topics that will be priorities for pretreatment programs in the future, while also doing a deep dive into the issues that are currently affecting these programs. EPA staff will provide the latest updates on National Pretreatment Program initiatives, and panel presentation topics will include controlling dental amalgam, with or without a national rule; reducing pollution – including plastic microbeads – from consumer products; bio-cremation and pretreatment; legal case studies involving hauled wastes; and more. Several informal roundtable discussion sessions will also be held to allow Workshop participants to discuss issues in small groups.

For the first time, NACWA is offering an optional full-day training course  on May 13. Geared toward pretreatment professionals in the first few years of their pretreatment careers, the Introduction to the Pretreatment Program for Wastewater Utilities program will cover industrial user identification; permitting industrial users; pretreatment standards; local limits; inspection and monitoring; reporting; data management; and enforcement, as well as resources and compliance activities. Separate registration is required for the training course.

An agenda , online registration, and additional information for the Workshop are now available. Be sure to make your plans today!

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

Utility of the Future Partners Brief DOE, EPA on Key Joint Energy Analysis

NACWA, the Water Environment Federation (WEF), and the Water Environment Research Foundation (WERF) met April 2 with Department of Energy (DOE) staff to provide an overview of the upcoming report, Utilities of the Future Energy Analysis, and discuss ways that DOE might assist energy generation and conservation projects at wastewater utilities. The draft Energy Analysis report – which was funded by NACWA, WEF, and WERF – provides a detailed estimate of the energy contained in wastewater versus the energy required to treat the wastewater and the costs to convert treatment facilities to become energy neutral over the next 20 years. The report will be finalized later this spring.

DOE expressed interest in assisting utilities to reach their potential for energy generation. NACWA and WEF are planning a webcast in the coming months to provide information about existing DOE programs that could be useful to utilities. NACWA, WEF, and WERF will continue to explore other opportunities with DOE, since the Department plans to become more involved in energy-water issues.

On April 14, the same groups met with Nancy Stoner, EPA’s Acting Assistant Administrator for Water, and other EPA and DOE staff to provide a similar overview of the upcoming report. The associations discussed with EPA and DOE the actions that could be taken now by utilities to decrease their energy consumption and increase energy generation, and the research and incentives that would be needed in the future to realize the long-term energy generation potential from wastewater. EPA and DOE expressed interest in continuing to work together on energy-water issues, especially as DOE continues to explore ways to become more involved in energy-water nexus issues. DOE also asked the associations to provide additional details in the final report on how all of the groups can work together to achieve these shared energy goals.

DOE Requests Comments on Renewable Energy Loan Proposal

The Department of Energy (DOE) issued a draft Renewable Energy and Efficient Energy Projects Solicitation on April 16, which would make up to $4 billion in loan guarantees available to support innovative, renewable energy and energy efficiency projects. The solicitation seeks applications for any renewable energy or energy efficiency technology that is new or significantly improved, as compared to more established technologies already used in the US. Two technology areas of interest are identified by DOE that may be applicable to clean water agencies: waste-to-energy and enhancement of existing facilities.

DOE has requested comments on the draft solicitation by May 16. NACWA is currently reviewing the draft to determine if the Association will send comments, and welcomes input from its members. Please send comments to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by Thursday, May 8.

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

Financial Capability

Municipal Groups Meet to Discuss EPA Affordability Framework

NACWA met with the U.S. Conference of Mayors (USCM), the National League of Cities (NLC), the National Association of Counties (NACo), and several water sector groups including the Water Environment Federation (WEF), this week to discuss the latest draft of EPA’s affordability framework. Intended as a complement to the Agency’s 2012 Integrated Planning Framework, the affordability framework provides EPA’s latest thinking on how it will assess the financial capability of communities to pay for certain Clean Water Act (CWA) mandates.

The March 4 draft reflects the discussions among the key groups and EPA from at a December 2013 meeting and was crafted by a working group of EPA, USCM, NLC, and NACo representatives over the last several months. The changes that were made in the new draft, while minor, are improvements and help to clarify several key issues. The foundation of EPA’s approach to financial capability, however, remains its flawed and outdated 1997 guidance. The new framework is intended only as a supplement to that guidance and EPA continues to believe that the two part test in the guidance provides a sound and consistent way of evaluating financial capability for communities across the country.

While the affordability framework, when finalized, will be a significant step forward and help to address many of NACWA’s concerns, the Association believes that in the long-term, a complete revision of the 1997 guidance is needed. EPA’s Environmental Finance Advisory Board (EFAB) is currently reviewing the draft framework, but there is no indication as to when the Board will provide its feedback. The USCM, NLC and NACo plan to meet with EPA in the next few weeks after providing written comments on the new draft, and NACWA is working with its Money Matters Task Force to review the draft and provide its comments to EPA.

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

Pretreatment and Pollution Prevention

Technical Workgroup on Flushability of Wipes Kicks Off

The technical workgroup that will address flushability issues related to wipes began its work on April 1 with a conference call. The workgroup is comprised of representatives from NACWA, the Water Environment Federation (WEF), the American Public Works Association (APWA), and INDA (the trade association of the nonwoven fabrics industry), and is partially funded through NACWA’s Targeted Action Fund (TAF). The objectives of the workgroup are to characterize the nature of impacts from wipes and other products and assess how the Third Edition of the INDA Flushability Guidelines do or do not sufficiently address concerns about these products; to make recommendations for the actions needed to reconcile differences among the parties; and, to develop a process and commitment for follow-on engagement among the parties to implement the recommendations.

The workgroup will have its first in-person meeting on May 6. To assist workgroup members in defining the nature of impacts from wipes and other non-dispersible products, NACWA would like to collect information from its members about problems that utilities are experiencing. Please send photos and any information you have about cost, frequency of clogs, and other impacts to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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

Water Quality

NACWA Weighs in on Idaho Human Health Criteria Effort

NACWA provided comments  on April 23 to the Idaho Department of Environmental Quality (IDEQ) on the state’s ongoing negotiated rulemaking process to evaluate fish consumption rates and the overall protectiveness of Idaho’s human health water quality criteria. Several states, including Washington, Florida, and Idaho, are currently looking at whether their existing human health criteria are adequately protective, with particular focus on assumed fish consumption rates. In Idaho, the state has initiated a negotiated rulemaking to allow for an open and transparent process in which stakeholders can actively participate and provide input.

One of the approaches Idaho is considering is the use of Probabilistic Risk Assessment (PRA) in lieu of the current deterministic approach for establishing criteria for toxic pollutants. Idaho’s adoption of PRA could set a precedent for other states. PRA, in lieu of using a single value for each of the parameters in the risk calculation, uses a distribution of parameter values and provides a resulting distribution of risk, allowing for more refined and informed calculations. NACWA’s letter noted that PRA is a technically-sound approach that represents the best science available for assessing risk, and that it represents a significant technical advance that other states should consider. PRA does not, however, solve all of the issues associated with criteria development, and NACWA’s letter stressed that rational implementation policies and tools will still be needed. The Association continues to work with its members in states where these issues are being discussed and is preparing to comment on EPA’s planned revisions to over 90 human health criteria, where many of the same issues will be raised.

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

Wet Weather

NACWA Supports DC Water LTCP Modification

NACWA submitted comments  on April 10 in strong support of DC Water’s proposed modification to its Long-Term Control Plan (LTCP). The proposal, which was released for public comment in January, outlines DC Water’s plans to alter its existing LTCP, and the related 2005 consent decree, by making a significant investment in green infrastructure to reduce combined sewer overflow (CSO) events. In exchange, the utility would be able to reduce or eliminate some of the large gray infrastructure storage tunnels that were part of the original plan.

NACWA’s comments endorsed DC Water’s proposed plan, noting it represents an innovative approach that balances the utility’s environmental responsibility to reduce water quality impairment in local waters with its equally important obligation to make sound economic investments with its rate-payers’ dollars. In particular, the comments applaud DC Water’s plan to pursue a hybrid green/gray solution – which combines a $100 million green infrastructure investment with a significant gray infrastructure commitment – as a way to provide maximum environmental and economic benefit.

On a related note, please see our recent blog, Moving Beyond Gray vs. Green to Embrace “Sustainable Infrastructure,” on the issue of balancing gray and green infrastructure.

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 .