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Member Pipeline
August 2014 Regulatory Update
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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the August 2014 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from August 2014.
Top Stories
EPA’s Sufficiently Sensitive Test Methods Rule Becomes Effective on September 18EPA’s final Sufficiently Sensitive Test Methods Rule NACWA provided comments Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Path Forward on Flushability Guidelines Planned; Dr. Oz to Focus on Flushable WipesThe technical workgroup that is addressing issues related to the flushability of wipes held its third and final in-person meeting August 14 to begin planning next steps and a path forward to improving guidelines for, and labeling of, wipes. The first meeting focused on information sharing to better define the processes, procedures, and problems faced by both wastewater utilities and the wipes industry. Consensus findings to guide the plan moving forward resulted from the second meeting. The workgroup, 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), receives part of its funding through the Association’s Targeted Action Fund (TAF). During the August 13-14 meeting, the workgroup defined a preliminary plan focused on collaborative efforts to promote product stewardship, including improved labeling, among companies that produce and sell wipes and other products that are often inappropriately flushed. Improved flushability guidelines for products that are labeled “flushable” were also a focus. The workgroup will finalize its work in the next month through web meetings and conference calls, and a presentation on the outcome will be provided during a session at WEFTEC on the morning of October 1. NACWA will provide more details on this session when they become available. NACWA’s Toilets Are Not Trash Cans! campaign will receive national attention in September with a segment on The Dr. Oz Show focusing on flushable wipes. The show will feature Dr. Oz’s visit to a treatment plant of Association Member Agency the New York City Department of Environmental Protection (DEP) to learn more about the problems wipes cause for wastewater utilities. Cynthia Finley, NACWA’s Director of Regulatory Affairs, will be an in-studio guest on the show. The Association will let members know when the air date for the segment is announced. 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-Water Nexus
NACWA Focuses on Energy Issues with DOE, Atlantic CouncilNACWA met July 29 with the Department of Energy (DOE) to discuss ongoing efforts to promote energy efficiency and production at wastewater utilities – and potential areas of collaboration between NACWA and DOE. The discussion focused on DOE’s recently released report, The Water-Energy Nexus: Challenges and Opportunities, that frames the interdependencies between energy and water and lays the foundation for future DOE efforts to pursue research & development, as well as the deployment of key technologies; share datasets; integrate models to inform decision-making; and, harmonize policies where warranted. The report recognizes the Water Resources Utility of the Future concept of turning wastewater utilities into resource recovery centers, with a goal of net-zero energy consumption and, even beyond this, energy production. Although DOE’s role has yet to be determined, the report cites “near-term opportunities to stimulate deployment of key technologies . . . to increase the on-the-ground impact of research.” It also discusses the enhancement of DOE’s existing technical assistance programs. NACWA and DOE intend to work together to assist utilities to improve energy efficiency and production. NACWA also participated in an Energy-Water Nexus Roundtable hosted by the Atlantic Council on July 29. The Roundtable featured presentations from the Water in the West program at Stanford University’s Woods Institute for the Environment. The program’s recent report, A Water-Energy Research Agenda: Building California’s Policy Foundation for the 21st Century
EPA
Key EPA Officials – Perciasepe and Stoner - Move on to New EndeavorsTwo of EPA’s top officials, and long-time partners of NACWA on clean water issues, left the Agency in August. EPA Deputy Administrator Bob Perciasepe became the president of the Center for Climate & Energy Solutions (C2ES) effective August 11. Acting Assistant Administrator for Water Nancy Stoner, after leading the water office in this capacity since 2011, left in early August to take a leadership position with the Pisces Foundation. Association members benefitted directly from the support of Perciasepe and Stoner on priority issues like watershed permitting, integrated planning, and affordability — all efforts that NACWA will continue to aggressively pursue with Agency staff. NACWA congratulates each on their new endeavors and looks forward to continued collaboration with them in their new capacities. Former Senior Policy Advisor Ken Kopocis will now serve as the Deputy Assistant Administrator for the Office of Water. EPA Local Government Advisory Committee Workgroup to Host Fourth Regional Meeting on “Waters of the U.S.”The EPA 's Local Government Advisory Committee (LGAC)’s Protecting America’s Waters Workgroup will host the fourth in a series of public regional meetings to engage local officials and to provide expanded input in the development of Workgroup recommendations to the chartered LGAC regarding the Waters of the U.S. proposed rule. The Region 1 meeting will be held on September 22 at 10:00 am at the Worcester Public Library (3 Salem Street, Worcester, MA). Ideally, through this collaborative process, the Workgroup will be able to provide the chartered LGAC with meaningful advice relating to the Waters of the U.S. proposed rule. The LGAC Workgroup consists of 12 local government elected officials representing parishes, counties, municipalities, and other local political jurisdictions. NACWA members in Region 1 are eligible to attend and can do so by RSVPing to Fran Eargle at (202) 564-3115 or email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . NACWA is preparing comments on the draft rule ahead of the October 20 comment deadline, and has developed a WOTUS Fact Sheet Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Funding/Financing
NACWA Provides EPA Comments on CWSRF Interpretive GuidanceThe Water Resources Reform & Development Act of 2014 (WRRDA), signed into law on June 10, adds a number of new provisions and modifies several existing elements of the Clean Water State Revolving Fund (CWSRF). The provisions will take effect on October 1, 2014 and an initial interpretative guidance The changes to the CWSRF contained in WRRDA are significant. Specifically, WRRDA: 1) extends loan repayment periods from up to 20 to up to 30 years; 2) codifies additional subsidization provisions enabling economically distressed communities to receive more affordable financing; 3) incentivizes investments through additional subsidization eligibility for projects related to energy efficiency, water efficiency, reuse, and sustainable infrastructure practices – in line with the Water Resources Utility of the Future initiative; 4) incentivizes partnerships between municipal wastewater utilities and upstream property owners to collaboratively tackle nonpoint source pollution and improve water quality; 5) incentivizes wastewater utilities to undertake practices to ensure increased resiliency against man-made and/or natural disasters; and, 6) requires EPA to conduct a report by the end of 2015 to update the allotment formula for CWSRF funds. The guidance also sets up several new eligibility requirements for CWSRF funding including the development of fiscal sustainability plans and energy/water efficiency plans that NACWA is seeking to ensure are not overly burdensome. These new technical requirements are the focus of NACWA’s comments. NACWA will update members as developments occur thanks those who provided input into the comment effort.
Integrated Planning and Affordability
NACWA Weighs In on EPA Financial Capability FrameworkNACWA provided comments While EPA is still not willing to move away from, or revise, its 1997 guidance on financial capability, NACWA urged the Agency to position the Framework as its “current thinking” on the subject, with the 1997 guidance simply providing additional detail on the assessment. As currently drafted, the Framework is described as a supplement to the 1997 guidance. NACWA also recommended that EPA further revise the Framework to make it clearer that utilities can use alternative financial capability assessment approaches. NACWA anticipates that EPA will issue a final Framework based on the comments received to date and that no further meetings with stakeholders are planned. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Security
Cybersecurity Workgroup Formulates Water Sector StrategyA Water Sector Cybersecurity Workgroup has been convened by the Water Sector Coordinating Council (WSCC) and the Government Coordinating Council (GCC) to improve the resilience of water and wastewater utilities by developing a strategy to promote and facilitate the use of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity. The Framework was developed in response to the February 2013 Executive Order 13636, Improving Critical Infrastructure Cybersecurity. The Workgroup held its first in-person meeting August 4-5. One of NACWA’s representatives to the WSCC, Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and Vice Chair of the WSCC, serves as Co-Chair of the Workgroup, and Nelson Sims, Security Analyst, from NACWA member agency DC Water is a member. Government agencies including EPA, the Department of Homeland Security (DHS), and NIST are also participating. The Workgroup will be recommending approaches on cybersecurity-related outreach and training for utilities; assessing gaps in guidance, tools, and resources; and, identifying methods to measure success for improving cybersecurity at utilities. A final Workgroup report will be available by the end of the year. Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it NACWA Security Committee Meets on Chemical Security, Cybersecurity, and Emergency PreparednessNACWA’s Security & Emergency Preparedness Committee held a web-based meeting on August 6 to discuss issues including chemical security, cybersecurity, and emergency preparedness. Although Congress is considering an extension of the current Chemical Facility Anti-Terrorism Standards (CFATS) program, which currently includes an exemption for water and wastewater utilities, there continue to be calls by some in Congress to remove the utility exemption. A June 2014 federal working group report to the President, Actions to Improve Chemical Facility Safety and Security – A Shared Commitment The Committee discussed NACWA’s position on chemical security issues, and agreed that the Association should continue to assert that utilities should be exempt from CFATS due to their unique function to protect public health and the environment – and that any necessary regulation related to security should come from EPA, rather than the Department of Homeland Security (DHS). The Committee also reaffirmed NACWA’s position that IST choices must be made at the local level. NACWA will be submitting a comment letter on the June report that states these positions and includes example from utilities that have conducted thorough analyses of their security measures and chemical use options. Please contact NACWA if you would like to provide information about your utility for these comments. The next Security & Emergency Preparedness Committee web meeting will be held in early December. Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Stormwater
EPA Briefs Municipal Stormwater GroupNACWA organized and hosted a meeting August 12 between EPA and a number of municipal and local government associations to receive an update on the Agency’s stormwater program, in the wake of the national post-construction stormwater rule deferral this spring. EPA staff briefed the coalition on their recent federal agency green infrastructure (GI) collaboration, website/resource update, and planned support of local stormwater programs. They were also eager to identify collaboration opportunities with the groups present. In March, EPA announced it would defer the national post-construction stormwater rule, which had been in development since 2009, in lieu of less regulatory-driven efforts to help municipalities better control stormwater runoff. Based on discussion at the meeting, in the absence of a national rule, the Agency is focusing more on providing staff and technical support to local programs to address MS4 permit backlogs – and encouraging onsite retention standards in individual permits in impaired watersheds. It is also clear from the Federal Green Infrastructure Collaborative Other groups participating in the meeting were the National Association of Counties (NACo); the U.S. Conference of Mayors (USCM); the National League of Cities (NLC); the Water Environment Federation (WEF); the Association of Clean Water Administrators (ACWA); and, the National Association of Flood & Stormwater Management Agencies (NAFSMA). NACWA and these organizations have maintained regular communication and coordination over the past year regarding the stormwater rule, and will continue to coordinate even as EPA takes a more localized approach to stormwater control. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Brief Filed in Key Stormwater LitigationNACWA joined with a number of other municipal organizations July 30 to file a brief NACWA’s brief argues that the CWA creates a distinct standard for MS4s that only requires control of pollutants to the maximum extent practicable (MEP). The brief further outlines the significant prior case law supporting this interpretation and establishing the MEP standard as the governing regulatory requirement for MS4s. NACWA and its municipal partners also explain the significant economic burdens that strict compliance with water quality standards – including the possibility of numeric effluent limits – would place on MS4 utilities. The case originated when environmental activist groups challenged a local MS4 permit in Maryland, arguing that it was in violation of the CWA for failure to require compliance with water quality standards. The trial court agreed, and the state appealed. The outcome of this case has potentially significant implications not just for Maryland MS4s but for other state courts and MS4s elsewhere in the nation. NACWA has a long litigation history of defending the MEP standard against similar lawsuits and joined in this appeal to advocate on behalf of the national municipal clean water community. Other groups joining the municipal brief with NACWA included the Wet Weather Partnership, the Maryland Municipal Stormwater Association, and the Maryland Association of Counties. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Utility of the FutureJoin us for NACWA’s Upcoming UOTF SeminarsCharting a Path to the Utility of the Future Web Seminar Series Join us right from your desk for three web seminars that will highlight how utilities are providing leadership through innovative approaches and new technologies and changing the clean water paradigm. 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-wining 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 covering resource recovery, sustainable infrastructure, and innovative financing. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Water Quality
NACWA Raises Concerns, Calls for Clarification on Human Health CriteriaNACWA provided comments NACWA letter acknowledges the importance of ensuring that human health criteria reflect the latest scientific information, but requests significant clarification on a number of policies, including how fish consumption rates are established; the use of a default relative source contribution number; implementation challenges; and issues already identified by one NACWA Member Agency that could impact compliance with existing permits. NACWA’s letter stressed that watershed level or state-wide implementation approaches (e.g. variances, compliance schedules and similar implementation tools) will be needed, even if EPA revises the criteria values to make them slightly less stringent based on some of NACWA’s recommendations. NACWA will be coordinating with its Member Agencies and other stakeholders to follow-up with EPA following the close of the comment period. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it U.S. Water Alliance Issues Report on Collaboration Between Ag and Water SectorThe U.S. Water Alliance (USWA) issued a report on August 21 highlighting common ground and innovative strategies between agriculture and water and wastewater utilities to reduce nutrient pollution in the Mississippi River Basin. Coming Together to Protect Mississippi River Watersheds: Agriculture and Water Sector Collaboration for Nutrient Progress embodies the discussions and recommendations of agriculture, wastewater, and drinking water leaders, with participation from environmental, academic and scientific, business, local, state, and federal agency interests. Several NACWA members participated in the dialogues including NACWA Board member David St. Pierre who heads the Metropolitan Water Reclamation District of Greater Chicago, David Taylor with the Madison Metropolitan Sanitation District, and Steven Hershner with the City of Cedar Rapids. NACWA was instrumental in launching the effort that resulted in this report when it undertook the Healthy Waters Initiative (HWI) spotlighting the need to work with the agricultural sector to do more to control nutrient run-off from agricultural lands. Through this initiative, NACWA helped the USWA solicit support from the McKnight Foundation, the Johnson Foundation and the AGree Initiative to convene a series of dialogues between the municipal water/wastewater sector and the agricultural community to discuss the water quality challenge posed by excessive nutrients in surface waters in the ten border states along the Mississippi River. The initiative, most importantly, focused on collaborative solutions to address this daunting challenge. Contact: Pat Sinicropi at 202/533-1823 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Water Quality Trading Alliance, NACWA Meet with Top EPA Office of Water OfficialsNACWA, as part of the U.S. Water Quality Trading Alliance (USWQTA), met with EPA staff on August 21 to discuss recent developments in water quality trading (WQT) and how the Agency can help advance WQT efforts. Ken Kopocis, the Deputy Assistant Administrator for Water, attended along with other EPA staff from the Office of Water. The meeting introduced the USWQTA and its members to EPA, reaffirmed the importance of the Agency’s support of trading as a watershed-based approach – and determined action items EPA and the Alliance can work on together over the next year. NACWA provided an overview of a soon-to-be finalized Memorandum of Understanding the Association is signing in September with the National Milk Producers Federation. This innovative partnership approach will serve as the foundation for collaboration in making watershed-level water quality improvements - a concept that received enthusiastic support from the Agency during the meeting. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it NACWA Participates in the Federal Advisory Committee on Water Information’s Annual MeetingThe Federal Advisory Committee on Water Information (ACWI) held its annual meeting in Virginia on August 19-20 to discuss progress made over the year and gain consensus on new initiatives. These initiatives include the Open Water Data Initiative ACWI is chartered under the Federal Advisory Committee Act and is composed of about 30 major organizations representing the states, municipalities, federal government, private sector, technical societies, universities, public interest groups, and others. ACWI ensures that vital information about water management and environmental protection is made available to fully inform federal decision-making. Jim Pletl, the Director of Water Quality at the Hampton Roads Sanitation District, is NACWA’s designated representative to ACWI and participated in this week’s meeting.
Wet WeatherEPA Responds to NACWA Inquiry, Reaffirms Commitment to CSO PolicyEPA forwarded NACWA a letter The EPA correspondence was sent in response to a NACWA letter Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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was published in the Federal Register on August 19. The rule has the potential to impact all NPDES permit holders by adding a new requirement that where multiple EPA-approved methods exist for a particular pollutant or pollutant parameter, NPDES applicants must use a “sufficiently sensitive” analytical method when submitting information quantifying the presence of the pollutant or pollutant parameter in their discharges. The rule also requires that sufficiently sensitive test methods be specified for the analysis of pollutants or pollutant parameters in all Clean Water Act permits. The rule provides guidelines for what is considered “sufficiently sensitive”. The regulations become effective September 18, 2014, but authorized states have up to one year to revise, as necessary, their NPDES regulations to adopt the requirements of the rule, or two years if statutory changes are needed to make the necessary revisions.
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