» Clean Water Current Archive

July 25, 2014

NACWA Testifies on Clean Water Act Affordability, Integrated Planning

The House Transportation & Infrastructure (T&I) Subcommittee on Water Resources and the Environment held a hearing, Integrated Planning & Permitting Framework: An Opportunity for EPA to Provide Communities with Flexibility to Make Smart Investments in Water Quality, on Thursday to examine the status of EPA’s Integrated Planning (IP) Framework and legislative efforts to bolster IP and promote innovative approaches to Clean Water Act (CWA) affordability assessments. Stephen Meyer, Director of Environmental Services for the City of Springfield, Missouri, and Member of NACWA’s Board of Directors testified on the Association’s behalf. Other witnesses included David Berger, Mayor of the City of Lima, Ohio; Todd Portune, Commissioner of the Hamilton County (OH) Board of Commissioners; and Ron Poltak, Executive Director of the New England Interstate Water Pollution Control Commission.

In his opening remarks, Chairman Bob Gibbs (R-OH) expressed concern that two years had passed since EPA released the Integrated Municipal Stormwater & Wastewater Planning Approach Framework and little has been done by the Agency to successfully implement it. Specifically, Rep. Gibbs is worried that the Agency has not done enough to define the roles and responsibilities of EPA, the states, and communities in implementing the policy – and has not provided clear standards for approval of integrated plans. Despite this, Rep. Gibbs said he was encouraged to see EPA announce the availability of $335,000 in technical assistance to assist communities seeking help with developing integrated plans. Rep. Gibbs, along with Ranking Member Tim Bishop (D-NY) wrote a letter earlier in the year to the House Appropriations Committee requesting additional financial support to assist interested communities develop integrated plans. The House Subcommittee on Interior, Environment, & Related Agencies recently included $2 million in grant funding for an integrated planning pilot program in EPA’s FY 2015 budget and the full House chamber is expected to vote on the FY 2015 EPA appropriations package next week.

At the hearing, Meyer’s testimony  centered around Springfield’s affordability challenges and the City’s efforts to develop an integrated plan in order to more affordably manage its wastewater and stormwater requirements under the CWA. Springfield intends to eventually incorporate their requirements under the Clean Air Act and the Solid Waste Disposal Act into their integrated plan, as well. Meyer and the other panelists were in agreement that due to the challenges of meeting a growing regimen of federal CWA requirements, the IP approach can be the best way to provide much-needed flexibility for communities facing significant water quality and other environmental challenges, short of amending the CWA. Members of the Subcommittee also expressed concern about the affordability challenges associated with the CWA and related environmental statutes.

The hearing also examined two bills that NACWA has been working on. The first was H.R. 3862, The Clean Water Affordability Act, is co-sponsored by Reps. Bob Latta (R-OH) and Tim Walz (D-MN) and would codify EPA’s IP approach, extend permit terms for communities with an approved integrated plan, and require the Agency to revise its guidance on financial capability. Reps. Latta and Walz co-authored this week’s blog post for The Water Voice on the need for passage of their legislation to help communities more affordably manage their CWA requirements. The second bill, H.R. 2707, The Clean Water Compliance and Ratepayer Affordability Act, is co-sponsored by Reps. Steven Chabot (R-OH) and Marcia Fudge (R-OH). H.R. 2707 would create a new pilot program for 15 communities across the country to develop integrated plans and extend permit terms for pilot communities with an approved integrated plan.

Panelists at the hearing expressed their support for these proposals and NACWA will be working with Reps. Latta, Walz, Chabot, and Fudge to ensure these bills gather more attention and support in the House. NACWA will also be working with Senator Sherrod Brown (D-OH) and other members in the Senate to ensure similar legislation is introduced.

NACWA Weighs in Against Application of Sludge Regulations to Recovered Resources

NACWA wrote a letter  to Nancy Stoner, EPA’s Acting Assistant Administrator for Water, this week urging the Agency to issue a policy statement clarifying that materials, such as struvite, extracted from the wastewater treatment process, are not subject to regulation as sewage sludge under the 40 CFR Part 503 regulations. With a growing number of utilities exploring the recovery of struvite and other materials from the wastewater treatment process, EPA, earlier this year, began evaluating whether such materials should be regulated under the Clean Water Act (CWA) and, if so, under what provisions. NACWA met with the Agency in February to discuss the issue and stressed that applying the Part 503 regulations to struvite and other recovered materials would have a chilling effect on similar initiatives.

EPA has been a vocal supporter of the Water Resources Utility of the Future concept and understands the impact that its decision would have on resource recovery efforts. During the February meeting, NACWA committed to providing the Agency with additional legal and policy rationale as to why these materials should fall outside of regulation under the Clean Water Act. The Association’s July 21 letter transmitted an issue outline  detailing why recovered materials such as struvite should be excluded from the Part 503 regulations. It included a request that EPA issue a policy statement to that effect or, if the Agency does not believe it has the authority to do so, initiate development of regulations to create an off-ramp for recovered materials meeting certain criteria – an approach that has been used successfully in Europe. NACWA is scheduling meetings with key EPA staff over the coming weeks and will keep the membership apprised of any developments.

WIFIA Listening Session Convenes in Chicago; Sector Associations Release Issue Paper

NACWA participated this week in the first in a series of seven EPA Listening Sessions on the Water Infrastructure Financing & Innovations Act (WIFIA), a federal loan guaranty pilot program primarily aimed at funding drinking water and wastewater projects of regional/national importance. The new program was included in the recently passed Water Resources Reform & Development Act (WRRDA), along with significant improvements to the Clean Water State Revolving Fund program.

The Chicago-based Listen Session – attended by representatives from NGO groups, public agencies, and the private sector – had the goal of shedding light on the legislative language governing the eligibilities and criteria for pilot project applications. The participants also discussed specific project ideas, with many focusing on ‘Utility of the Future’ or integrated planning. This is in part because these projects are less likely to require the use of tax-exempt municipal bonds, which are excluded from being used as part of the 51% municipal funding share. While the discussion was lively and engaging, it is important to keep in mind that money to fund the WIFIA pilot program has not yet been appropriated by Congress and until this happens the program cannot be implemented.

In advance of the Listening Session, the American Water Works Association (AWWA), the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), and NACWA issued an Issue Paper  that serves as an excellent resource on key opportunities and technical challenges associated with the new WIFIA program. The Agency plans to hold additional Listening Sessions in New York, Atlanta, Dallas, Los Angeles, San Francisco, and Washington, DC.

WSCC Discusses New VSAT & Current Cyber Threats

The Water Sector Coordinating Council (WSCC) held its quarterly meeting this week via webinar to discuss activities related to security and resiliency of drinking water and wastewater utilities. Patty Cleveland, Assistant Regional Manager, Trinity River Authority, Texas, is Vice Chair of the WSCC and represents NACWA on the Council. EPA briefed the WSCC on the recent release of VSAT 6.0, available for download at www.vsatusers.org. This updated VSAT is compatible with the ANSI/AWWA J100-10 standard, Risk and Resilience Management of Water and Wastewater Systems. Instructional videos for how to use VSAT 6.0 are available at www.vsatusers.org and EPA is also planning to offer training for utilities in the next year.

The WSCC was also briefed about recent cybersecurity threats that have affected water utilities. At least two utilities had their business data attacked by ransomware CryptoLocker and CryptoWall. The utility affected by CryptoLocker was able to remove the affected computer from its network and use data that was backed up the previous night to minimize data loss. Utilities should be aware of current cyber threats and take proper precautions to prevent attacks and back up data. NACWA members are encouraged to join the WaterISAC to stay up-to-date on the latest information regarding both physical and cyber security.

EPA GI Collaborative Launched as Agencies Respond to Resilience Task Force Recommendations

President Obama’s State, Local, & Tribal Leaders Task Force on Climate Preparedness & Resilience held its fourth and final meeting last week. While the Executive Office awaits the Task Force’s final recommendations in the fall, the President announced a series of actions last week, including the launch of a Green Infrastructure (GI) Collaborative, to respond to the Task Force’s early feedback recommending help for communities to become more resilient.

The first phase of the Collaborative rollout focused on aligning and leveraging federal resources. Seven federal agencies signed onto a letter of support  outlining the actions that each agency will undertake to further advance and promote GI. The potential signing of an updated GI Statement of Intent by NACWA and other key stakeholders would be an action that EPA would consider part this new GI Collaborative.

The Collaborative also includes federal funding assistance for 25 or more communities across the country for green infrastructure projects, technical assistance to create integrated green stormwater management and hazard mitigation plans, and awards programs for innovative GI projects. The Collaborative will also provide a platform for conducting research on increasing affordability and effectiveness, sharing best practices, and developing actionable planning tools that decision-makers have been seeking. NACWA will keep members apprised of the Collaborative’s progress and will share a draft of the revised Statement of Intent as soon as one is available.

NACWA Participates in Charting New Waters Capstone Meeting at Wingspread

This week, NACWA participated in the capstone advisory committee for the Charting New Waters policy development effort that the Johnson Foundation has led. Charting New Waters convened nearly 700 water policy experts from around the country to examine how best to manage and restore the nation’s water so as to avoid a freshwater crisis.  The Johnson Foundation will issue a capstone report later this year with a set of recommendations gleaned from the six year dialogue on the topic.  NACWA and several of its Member Agencies have participated throughout the project including DC Water; the Hampton Roads Sanitation District; and, the Milwaukee Metropolitan Sewerage District – along with several partner organizations including the Water Environment Federation (WEF) and the Water Environment Research Foundation (WERF).  Discussions have focused on broad policy issues impacting communities’ ability to address water issues, with a specific focus on challenges facing drinking water and wastewater utilities as the primary entities charged with delivering safe and clean water to customers.  The capstone report, when issued, will be shared with the membership.

State/Regional Organizations, NACWA Discuss WOTUS & Other Key Issues

NACWA hosted a conference call this week with representatives from more than a dozen state and regional clean water organizations to share national and state/regional advocacy developments on the recently proposed Waters of the United States (WOTUS) Clean Water Act jurisdictional rule. Organizations expressed concern consistent with NACWA’s evaluation of the rule, and many plan on filing comments requesting clarification on how the waste treatment exemption applies to MS4 systems; how reuse treatment systems may be effected (especially those representing drought-affected states); and, whether dry spills (for example, a sanitary sewer overflow that flows into a ditch) will be considered jurisdictional. The groups will coordinate with NACWA on the comment effort which has an October 20 deadline.

Association staff also briefed attendees on national advocacy priorities, including the a recent Supreme Court ruling affecting biogenic emissions from clean water utilities, integrated planning, and the Water Resources Reform & Development Act. The benefits of leveraging the groups’ capabilities for shared advocacy objectives was highlighted via legal briefs filed by NACWA with state group partners in Ohio and Maryland. Ultimately, the intent of these calls is to best leverage combined advocacy resources on key issues – while identifying priority issues in various areas of the country. If you are involved with a regional group that would be interested in joining this coalition, please contact Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Illinois Legislation Provides Financial Assistance for ‘Utility of the Future’ Projects

Illinois Governor Pat Quinn signed legislation this week to make innovative wet weather management and treatment projects eligible for state financial assistance. In the wake of the State’s record rainfall and severe flooding last year – affecting communities across Illinois – the Governor sees this legislation as a way to both move the economy forward and protect the environment.

NACWA has worked nationally to encourage the leveraging of SRF eligibilities and loan subsidization capacity to innovative and resiliency-based projects, including those that sustainably balance gray and green infrastructure, renewable energy generation from wastewater biogas, and nutrient recovery. The State is not only focused on innovative project financing. Two weeks ago, the Governor signed a bill that will allow NACWA Member Agency, the Metropolitan Water Reclamation District of Greater Chicago (MWRD), to recover valuable resources in used water. NACWA applauds Illinois’ leadership in making the State Revolving Fund (SRF) available for projects that improve the nation’s water infrastructure, incentivize resource recovery/utility of the future projects, and generate economic, environmental and social benefits for communities. This legislation is a promising development, and it is hoped that other states will follow Illinois’ lead. If your state is pursuing similar legislation, please let the Association know by emailing Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Not to be Missed . . .

• Register today for NACWA’s web seminar series, Charting a Path to the Utility of the Future. The 3-seminar series starts on September 9 and will highlight how utilities are providing leadership through innovative approaches and new technologies – and changing the clean water paradigm as a result. The initiatives featured can be emulated by utilities, large and small, and will inspire new ways of solving utility management challenges. Designed as a central element of the award-winning Water Resources Utility of the Future initiative, this series will feature utility and private sector experts as part of three not-to-be-missed web seminars. 
• The American Biogas Council will hold a web seminar on Monday, July 28, focusing on RFS: Understanding EPA’s New Biogas Rule (Pathways II). The webinar is free of charge and offers a great opportunity to learn more about the rule and its implications in greater detail.