» Clean Water Current Archive

June 20, 2014

Association Members Participate in EPA Blending Public Health Forum

NACWA members participated this week in EPA’s Expert Forum on Public Health Impacts of Blending, held to discuss the public health implications of discharges from blending of peak flows at public owned treatment works (POTWs). The panel participating in the Forum was comprised of eight public health experts and five wastewater treatment experts. Betsy Reilley, from NACWA Member Agency the Massachusetts Water Resources Authority, served as a public health expert on the panel. Reilley was joined by Adam Olivieri of EOA, Inc., who was also nominated by NACWA. Association Member Agency representatives serving as wastewater treatment experts were Dave Wagner, City of Lawrence Department of Utilities, and Donald Gray, East Bay Municipal Utilities District.

The Forum focused specifically on the public health impacts of blending of peak wet weather flows at POTWs – with regulations and legal questions not open for discussion. During remarks at the April National Water Policy Forum & Fly-In, EPA Acting Assistant Administrator for Water, Nancy Stoner, noted that the Agency hoped to use the Forum to guide its decisions on applicability of the March 2013 Iowa League of Cities v. EPA decision outside of the Eighth Circuit. In an April letter  the Agency explained that the decision would be “binding precedent” in the Eighth Circuit, but Stoner indicated that it would be applied on a “case-by-case” basis elsewhere.

The Forum began with a detailed presentation by wastewater experts on the challenges and options for managing wet weather flows at POTWs. The panel then discussed what is currently known – and the information gaps – regarding the health risks associated with wet weather flows and blending. The characterization of pathogens and pollutants was discussed, along with the key factors that would increase or decrease their risk. The panel addressed the use of indicators to evaluate human health risks, and concluded with additional data that would be useful in evaluation.

Brief public comments were allowed at several points during the Forum. NACWA and several of its Affiliate Members commented that POTWs can meet water quality standards, as determined for designated uses, when blending is used, and asserted that water quality standards alone should drive the processes used at the plant.

The Association will follow up with EPA regarding the discussion at the forum, and the Agency’s next steps to address blending. Members will be kept apprised of developments.

NACWA asks FDA to Restrict Triclosan Use in Soaps

NACWA submitted comments  this week on the Food & Drug Administration’s (FDA) proposed rule  to limit the use of triclosan and other antimicrobial chemicals in soaps and other consumer wash products. Triclosan is a chemical that persists in the environment and may have a variety of impacts on human health and the environment. The FDA initially proposed a monograph, which specifies the safe and effective uses of chemicals, in the 1970s, but never finalized the proposal. The current proposal was issued by the FDA as part of a lawsuit settlement with the Natural Resources Defense Council (NRDC) – and a final rule is expected in 2016. The impacts of triclosan and the regulatory process were discussed in a May 28 webinar  hosted by NACWA.

In its letter, the Association explained that wastewater utilities are concerned about triclosan and other antimicrobial chemicals due to their potential effects on the bacteria used to treat wastewater – as well as the environmental impacts of triclosan contained in treated effluent and biosolids. While utilities can regulate the chemicals discharged into the sewer system by industrial and commercial facilities, they have no authority to regulate the domestic discharge of chemicals in consumer products. “While EPA is currently reviewing the use of triclosan as a pesticide, the vast majority of triclosan uses are for FDA-regulated consumer products that are washed down the drain. FDA must therefore consider the full range of wastewater and environmental impacts of triclosan, and other antiseptic chemicals, when approving the use of products containing these chemicals.” NACWA urged further cooperation between EPA and FDA to regulate the use of chemicals to better protect human health and the environment.

NACWA’s Toilets Are Not Trash Cans! campaign is focused on product stewardship to keep harmful products out of the sewer system. The Association’s advocacy on triclosan is part of this campaign, which also includes work to reduce the amount of pharmaceuticals, wipes, and other non-dispersible products that are inappropriately flushed.

NACWA Weighs In with EPA on CSO Policy

NACWA recently sent a letter  to EPA Administrator Gina McCarthy requesting reaffirmation that EPA, and its Regional Offices, will continue to honor the 1994 Combined Sewer Overflow (CSO) Policy and its language on cost consideration. The letter was sent in response to a communication from EPA Region 2 to a NACWA Member Agency that ignored the specific “knee of the curve” language in the CSO Policy regarding the cost/performance considerations to be used in evaluating potential CSO control measures. EPA Region 2 instead took a position that a CSO long-term control plan must be designed to achieve the “highest attainable use” and suggested that the economic basis of attainability should be the “sustainable and widespread economic and social impact” standard that is generally required to change water quality standards via use attainability analysis.

NACWA’s letter asserts that the Region’s position clearly violates the CSO Policy and the Clean Water Act. The Association further requests that EPA unequivocally reaffirm in writing its commitment to the CSO Policy, including it language on use of a “knee of the curve” cost/performance analysis when evaluating appropriate expenditures for CSO projects.

NACWA would like to know if other Association members have been presented with similar interpretations of the CSO Policy by state or federal regulators. If so, please contact Nathan Gardner-Andrews at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Utility of the Future Initiative Garners National Award

NACWA has been named a 2014 Power of A Gold Award winner for its collaborative Water Resources Utility of the Future initiative. The American Society of Association Executives (ASAE) Power of A Awards recognize a select number of organizations annually that distinguish themselves with innovative, effective and broad-reaching programs and activities that positively impact America – and the world.

The Power of A Awards celebrate the extraordinary contributions associations make to society by enriching lives, creating a competitive workforce, preparing society for the future, driving innovation and making a better world. As a 2014 Power of A Gold Award winner, the Utility of the Future initiative will be considered for one of six Summit Awards, ASAE’s highest honor for associations. Only 23 Gold Awards were presented – out of more than 100 entries.

Are You Joining NACWA as We Rock the Current in Portland?

Have you made your plans to join us for the 2014 Summer Conference & 44th Annual Meeting, Executive Leadership . . .Today & Tomorrow?  We are anticipating great attendance and look forward to kicking off the conference on Sunday July 13 with the Rock the Current 5k Run/Walk, benefiting Water for People – Portland.  The conference will begin that evening with a Welcoming Reception/App-y Hour where we will preview our new meeting app.  

Monday, July 14 will find you having meaningful discussions with colleagues during NACWA’s committee meetings – and Tuesday and Wednesday’s General Session will bring home the concept of executive leadership and Utility of the Future.  Following the conclusion of the meeting, three tours are being offered to give you a look at all of the best programs the City of Portland and Clean Water Services has to offer. Registration and the conference agenda  are available – and with hotel space tight we ask that you contact Tina Kenia at This e-mail address is being protected from spambots. You need JavaScript enabled to view it to access accommodations.  We look forward to seeing you in Portland!

Web Seminar Explores Significant Stormwater & Construction Law Issues

Building on the success of the Hot Topics sessions from its annual National Clean Water Law Seminar, the Association held its latest Legal Hot Topics web seminar on June 18. Designed to benefit municipal utility attorneys and managers, the web seminar series is offered at no cost to NACWA members and provides an excellent, accessible opportunity to keep current on the latest clean water issues, developments, trends and case law.

In this third installment of the popular series, Chris Pomeroy, AquaLaw PLC, provided a comprehensive overview of key Municipal Separate Storm Sewer System (MS4) issues including MS4 jurisdiction; performing a Maximum Extent Practicable (MEP) analysis to establish the scope and breadth of permit obligations; and, the latest developments in the MS4 Water Quality Standards compliance debate.

Neal Sweeney, Kilpatrick Townsend & Stockton LLP, presented on a matter of great relevance to all clean water agencies - construction law. He explored recent cases; typical contract clauses and trends associated with liability for delays and cost overruns; notice and claims procedures; enforceability; and Design-Build disputes. Sweeney’s presentation dovetailed with the next segment of the seminar on standard contracts. Brian Perlberg from ConsensusDocs provided an overview of these standard contracts developed by a coalition of diverse stakeholders in the design and construction industry, which incorporate best practices and fair risk allocations in order to reduce costly contingencies and negotiations.

Presentations are available on NACWA’s website. The last installment of the series is scheduled for September 17. Mark your calendars now and be on the lookout for additional information.

NACWA Blog of the Week:
This Hurricane Season, Water Utilities’ Resilience is Critical

With the six-month hurricane season upon us, we are reminded of the potential devastation that extreme weather poses to our communities and of Hurricanes Sandy, Irene and Katrina. These events add a dose of reality to the need to act now and improve the pre-disaster resilience of our communities.  Collaboration with federal agencies and the municipal water community on resilience is essential.  Want to know what NACWA has been doing to ensure this collaboration?  Read on to find out or subscribe today to The Water Voice and never miss a post!

New Offering Meets Need for Engineering Professionals

The University of Colorado Boulder is responding to a growing need for professionals with cutting-edge skills in the water and energy industries and increasing demand for graduate-level courses. CU-Boulder will provide expanded degree options for working professionals interested in specialized graduate education focused on energy and water beginning this fall. Qualified students can earn both a Master of Engineering (ME) degree and a Professional Certificate in Renewable and Sustainable Energy or a Professional Certificate in Water Engineering and Management. The degree and certificates can be earned either via distance education or in campus classes and may be pursued either part- or full-time. Partnering to offer courses for the new program are CU-Boulder’s Lockheed Martin Engineering Management Program (EMP), Renewable and Sustainable Energy Institute (RASEI) and Water Engineering and Management (WE&M) program. For more information on these energy and water education opportunities visit: http://engineeringanywhere.colorado.edu/emp/emp-rasei and http://engineeringanywhere.colorado.edu/emp/emp-wemp.
For more information on the Engineering Management Program and ME degree visit:
http://engineeringanywhere.colorado.edu/emp/.