» Clean Water Current Archive

May 30, 2014

EPA Submits Dental Amalgam Rule to White House Budget Office

EPA informed NACWA that its proposal to require amalgam separators in dental offices as a pretreatment standard was submitted to the White House Office of Management and Budget (OMB) on May 28. This comes after a long break from EPA activity on this issue and NACWA is seeking to learn why this has suddenly become a priority again.

By way of background, EPA published a detailed study of the dental industry in 2008 as part of its Effluent Limitation Guidelines (ELG) program and, at that time, determined that a dental amalgam separator rule was not necessary. EPA then announced in its 2010 ELG plan that it would propose a dental amalgam separator rule, despite offering no new data to support such a proposal. After drafting a proposal, EPA communicated to NACWA and other stakeholders in 2012 that the rule raised concerns during informal interagency review with OMB and, therefore, had not been submitted for formal review.

In its comments on EPA’s Preliminary 2012 ELG Plan, NACWA requested that the Agency remove the uncertainty surrounding this rule by either dropping it from consideration or formally submitting it to OMB for review. NACWA has maintained a position that the rule is not necessary, since utilities have already established successful, local dental amalgam separator programs where needed, while utilities that do not need to reduce their mercury loading should be able to use their resources on other clean water program priorities. If the proposed rule is approved by OMB and published by EPA, NACWA and its Pretreatment & Pollution Prevention Committee will review and comment on it.

NACWA Petitions EPA for Stay, Reconsideration of Sewage Sludge Incineration Rule

NACWA sent EPA Administrator Gina McCarthy and other key Agency staff a Petition for Administrative Stay and Reconsideration of the Sewage Sludge Incinerator (SSI Rule) this week, in its ongoing advocacy seeking changes to the March 2011 rulemaking. The petition seeks a stay of the SSI rule’s March 2016 federal compliance deadline and reconsideration of key elements of the rule in light of the August 2013 D.C. Circuit decision remanding portions of the rule back to EPA. The petition seeks reconsideration on the issue of whether SSIs are more appropriately regulated under Section 112 or Section 129 of the Clean Air Act and outlines how reconsideration of this central tenet of the SSI Rule will address all of the remanded issues, provide greater flexibility for SSI operators, and protect human health and the environment. The request for a stay underscores the irreversible consequences for the nation’s municipalities and clean water agencies who must make costly investments or decisions regarding whether to shut down an SSI to comply with emissions standards that may change as EPA works to address the court’s remand.

NACWA Endorses Bill that Recognizes Important Energy-Water Nexus

NACWA sent a letter to Senators Ron Wyden (D-OR) and Lisa Murkowski (R-AK) on Tuesday endorsing S. 1971, The Nexus of Energy and Water for Sustainability Act of 2014 (The NEWS Act), which the two Senators introduced earlier this year. The News Act would recognize the important connection between energy and water by creating a task force within the National Science and Technology Committee to coordinate and streamline federal activities related to the management of the energy-water nexus. The legislation recognizes the notion that all forms of energy production require water and that our use of water requires energy. This nexus is a central theme of NACWA’s Water Resources Utility of the Future campaign, which acknowledges the important innovation occurring within the wastewater sector to improve energy efficiency, deploy technology to produce energy on-site, and provide recycled water for cooling needs at power plants. By embracing new technologies and cutting-edge practices, clean water utilities have become a vital partner in this country’s work to manage our energy and water resources more efficiently, effectively, and affordably. NACWA will provide updates on The News Act as they occur.

NACWA Urges Members to Comment on the Food and Drug Administration’s Triclosan Proposal

NACWA is drafting comments on the December 17 proposal from the Food and Drug Adminstration (FDA) that would essentially eliminate the use of triclosan in hand soaps, and the Association encourages its members to also submit comments. NACWA has long been concerned about the environmental impacts of triclosan and its potential to harm the wastewater treatment process, contribute to failure of toxicity tests, and prevent the beneficial reuse of biosolids. Many studies on triclosan have shown that soaps containing the chemical are no more effective than plain soap and water and that the chemical potentially has detrimental effects on human health, leading the FDA to conclude that triclosan use in hand soaps is not generally safe or effective.

During a May 28 NACWA webinar, Safer Soaps: The FDA’s Proposed Action on Triclosan, the environmental and human health impacts and regulatory action on triclosan were discussed by Dr. Rolf Halden from Arizona State University and Mae Wu from the Natural Resources Defense Council (NRDC). The slides from the webinar are available on NACWA’s website. Comments on the FDA proposal are due on June 16, and NACWA is drafting comments to support the proposal. Please email Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have input for NACWA’s comments or if your agency plans to submit comments of its own.

NACWA Urges Clean Water Utilities to Apply to Regional Conservation Partnership Program

The U.S. Department of Agriculture (USDA) released its Regional Conservation Partnership Program (RCPP) Application for Project Funding (APF) on May 27, soliciting proposals from eligible entities, including municipal clean water agencies, to enter into partnerships with local farmers on conservation and water quality activities. The 2014 Farm Bill established the RCPP, which is designed to support partnerships between farmers and non-farming entities to tackle various conservation and environmental issues on a regional scale. NACWA led the Healthy Waters Coalition’s advocacy for stronger links between agricultural policy and water quality which led to key provisions in the RCPP that will ensure program resources are targeted toward better nutrient management and water quality. The Natural Resource Conservation Service (NRCS), an agency within the USDA, will oversee the program implementation. The RCPP provides an excellent opportunity for interested utilities to implement innovative nutrient management solutions with agricultural non-point sources to improve local water quality.

NACWA has been a proponent of encouraging the movement toward watershed-based solutions for addressing clean water challenges for years and successful RCPP projects can help further these approaches. NACWA’s May 28 Advocacy Alert, provides NACWA members with an overview of the APF. Pre-proposal applications are due to USDA by July 14. NACWA will host a conference call with RCPP representatives on June 4 at 3:00 pm EST to review the APF and answer your questions. Representatives from the NRCS will join us for this call. Please contact Hannah Mellman at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you are interested in participating.

NACWA Participates in Aspen Institute Water Forum on Resilience

NACWA’s Executive Director, Ken Kirk, and a number of NACWA public agency members participated this week in the Aspen Nicholas Water Forum: Innovating a Sustainable and Resilience Water Future in Aspen, Colorado. Jointly hosted by the Aspen Institute Energy and Environment Program and the Duke Nicholas Institute for Environmental Policy Solutions, the Forum focused on examining the scope of water challenges in the United States and what is needed to ensure a resilient water sector. The main topics discussed in the context of resiliency and sustainability included the overall state of water (quantity and quality) in the United States, water use and risk, innovation in water policy, innovation in water finance, innovation in water technology, and optimizing green and gray infrastructure. Key federal, private industry and NGO groups joined key municipal interests, including NACWA members from the City of Los Angeles, DC Water, and the Philadelphia Water Department. NACWA will share any public documents that are produced following discussions at the Forum.

Register Today for June 18 “Legal Hot Topics” Webinar on Stormwater and Construction Law

NACWA will be hosting the next “Legal Hot Topics” webinar on June 18 beginning at 2:00 pm ET. Designed to benefit municipal utility attorneys and managers, the webinar is offered at no cost to NACWA members and provides an excellent and convenient opportunity to keep current on the latest clean water issues, developments, trends and case law.

The upcoming webinar will feature expert attorneys providing critical legal and regulatory analysis and insight on two issues of great importance to the clean water sector –

• Next Generation Municipal Separate Storm Sewer System (MS4) Permitting & Compliance Strategies; and
• Hot Topics in Avoiding and Resolving Construction Disputes (this segment will include an overview of ConsensusDocs Contract Documents)

Again, the webinar is complimentary for NACWA members. Registration information and additional details are available on NACWA’s website. 

Request for Public Agency Interest in Reuse Workgroup

Following a meeting with NACWA earlier this month, the White House Council on Environmental Quality (CEQ) requested additional information from the National Survey of Recycled Water Projects NACWA completed in October 2013 in collaboration with the Association of Clean Water Agencies, California Association of Sanitation Agencies, WateReuse, and the Western Recycled Water Coalition. Specifically CEQ is interested in information on the financing and cost of water reuse projects. NACWA has been tracking reuse for some time as part of the Water Resources Utility of the Future effort, and is now developing a water reuse working group to help determine the scope of - and strategically guide - the Association’s advocacy around water reuse and recycling issues. This working group will explore the appropriate role for NACWA, while ensuring whatever actions taken are collaborative and do not duplicate initiatives underway by other organizations. Any Public Agency members interested in joining the working group should contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by June 6.

NACWA Blog of the Week: Bound Together Until Clean Water Act Compliance Do Us Part

For decades, publicly owned clean water agencies have faced negotiations and litigation with federal and state governments regarding wet weather and sewage overflow issues. These negotiations generally require utilities to plan for, fund, and make million — and even billion — dollar investments in their wastewater infrastructure. The resulting infrastructure programs from these enforcement actions will often be the most expensive single public infrastructure project investment a municipality ever makes. Given the high stakes nature of such negotiations – and the significant economic and environmental impacts they will have on the community – it is in a utility’s best interest to enter them equipped with extensive knowledge about the government’s past practices and agreements with other communities as well as strategies and tools to leverage the best possible agreement. How can NACWA help you with knowledge for these negotiations? Read on to find out more or subscribe today and never miss a post on The Water Voice blog.

See You in Portland for NACWA’s Summer Conference & Annual Meeting

Registration is now available for NACWA’s 2014 Summer Conference & 44th Annual Meeting, Executive Leadership . . . Today & Tomorrow. Join us as we explore a range of executive management and leadership issues currently facing utilities and help to define the challenges and opportunities that the future will present. The 2014 Summer Conference agenda will feature efforts to highlight the important role clean water utilities play in the economic, social and environmental health of their communities, as well as the evolving roles and responsibilities utility managers will need to assume as they prepare for the workplace and workforce of the future.

Utility culture and communications – both internal and external – will also be increasingly important, as will community engagement, recovery of critical resources, and sustainability. Standing Committee meetings will also play a prominent role in the Summer Conference. In addition, when making your plans, we invite you to include a Saturday, July 12, arrival in your travel plan so that you won’t miss the Rock the Current 5K Run/Walk at Gov. Tom McCall Waterfront Park benefiting Water for People. And don’t miss one of three post-conference tours that will feature some of the innovative work NACWA’s members are doing in and around Portland. The conference website has more details on the Rock the Current 5K and tour options. There is a nominal charge for the run, and the tours are free, but registration is required for both. For additional information on NACWA’s Summer Conference visit NACWA’s website and register today!