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

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CDC Information on Ebola Virus in Wastewater Forthcoming, Webcast TODAY

With multiple confirmed cases of the Ebola virus in the United States, questions continue to be asked by wastewater utilities about proper waste disposal procedures at hospitals and other contaminated sites, as well as the risks to collection systems and treatment plant workers.  During a conference call organized by the Water Environment Federation on October 16, a spokesman for the U.S. Centers for Disease Control and Prevention (CDC) shared that CDC is conducting an internal review of an interim guidance, Interim Guidance for Workers Handling Untreated Sewage from Ebola Cases in the United States.  This guidance will address basic hygiene practices and personal protective equipment (PPE) use and disposal actions that should be taken for workers who perform sewer maintenance, construction workers who repair or replace live sewers, plumbers, and workers who clean portable toilets.

CDC stated during the October 16 call that this review would be expedited and indicated that guidance could be released as soon as late October. However, the guidance has not yet been released.  As CDC is the lead federal agency for Ebola containment and prevention, the best ongoing resource for information is www.cdc.gov/ebola.  The National Institute for Occupational Safety and Health has some general guidance available on workplace safety and health related to Ebola at www.cdc.gov/niosh/topics/ebola.

NACWA will communicate any updates as soon as CDC releases the guidance or any new information becomes available.  NACWA will also be working in an effort to further expedite CDC’s timeframe and ensure that CDC protocols call for hospitals and other institutions discharging Ebola-contaminated waste to notify their sewer authority prior to discharge. 

WEF Webcast to Address Ebola Concerns
A Water Environment Federation (WEF)/Water Environment Research Foundation (WERF) webcast – co-sponsored by NACWA, Association of Clean Water Administrators (ACWA), the American Public Health Association (APHA), and WateReuse – will address Ebola concerns. The free webcast will be held November 4, 2:00-3:00 pm EST and registration is required.  A recording of the webcast will be available after November 4. 

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

Proposed Dental Amalgam Separator Rule Published

EPA’s proposed Dental Amalgam Separator rule , published in the October 22 Federal Register, would establish pretreatment standards for the over 100,000 dental offices that place or removal amalgam fillings, substantially affecting publicly owned treatment works (POTWs) with pretreatment programs. The proposal requires all dental offices to install and maintain dental amalgam separators that achieve a 99 percent reduction of total mercury, follow best management practices (BMPs), and submit annual certification reports to their POTW or other pretreatment control authority.

Since the number of dental offices subject to national pretreatment standards is about ten times the number of Categorical Industrial Users that currently have pretreatment standards, EPA proposes changing the General Pretreatment Regulations to establish a Dental Industrial User (DIU) category. This DIU category would result in less oversight responsibility for POTWs, as long as the dental office remains in compliance with all requirements. NACWA’s October 22 Advocacy Alert provides more detail on the proposal and its potential environmental and cost consequences.

Comments on the proposal are due by December 22, but NACWA and the American Dental Association (ADA) will be jointly requesting an extension of the comment deadline. NACWA plans to provide extensive comments to EPA on this proposal and will be working with its Pretreatment and Pollution Prevention Committee to review the rule and determine what information is needed from NACWA members.

NACWA’s Pretreatment & Pollution Prevention Committee will hold a conference call on Thursday, November 6, from 2:00 – 3:00 pm Eastern, to discuss the proposal and strategies for the Association’s comment effort.  The Association will likely focus on EPA’s cost and mercury removal estimates, since the estimated costs may be too low and the removal estimates too high.  All NACWA members are welcome to join the call – please call 1-877-394-0659, enter the Conference ID (2349353972), and log in on your computers at http://eventcenter.commpartners.com/se/Rd/Mt.aspx?701262 to join. 

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 Meets with EPA Inspector General on Consent Decree Study

On October 22, NACWA met with EPA’s Office of Inspector General (OIG) to discuss OIG’s investigation  into the effectiveness of the Agency's municipal wet weather enforcement efforts via consent decrees. The investigation was initiated in August and is in the initial research, planning and scoping phase. This project is a part of OIG’s ongoing review of EPA’s National Enforcement Initiatives. At the conclusion of the investigation, OIG will provide recommendations to EPA on how it can improve the effectiveness, efficiency and equity/justice of this enforcement initiative.

The October 22 meeting came in response to a letter  NACWA submitted earlier in October. OIG indicated that they were pleased that NACWA reached out, as the Association was on their shortlist of key stakeholders with expertise on consent decree issues. NACWA encouraged OIG to take a holistic view when evaluating the “success” of EPA’s enforcement program, noting that OIG should evaluate not only environmental benefits – but also the economic and social impacts of consent decree programs on local communities. NACWA, in particular, focused on affordability concerns related to consent decrees and the need for an update to EPA’s 1997 Financial Capability Guidance. OIG appeared very receptive to these issues.

OIG seems committed to conducting a review that best assesses the successes and shortcomings of the enforcement program using the proper metrics. NACWA wants to ensure that OIG has the benefit of the most accurate and comprehensive information available. Members that are willing to share any of the following information with NACWA are asked to contact Nathan Gardner-Andrews:

• • Completed financial capability analyses;
  • An accounting of transaction costs associated with negotiating or renegotiating consent decrees (attorney/consultant/economist fees; staff time; travel, etc.);
  • Clean water agencies that will not or cannot meet water quality standards by the termination date of the consent decree;
  • Clean water agencies that have been told by regulators that 2% median household income (MHI) is the floor rather than the ceiling for determining economic burden (i.e., must spend to 2% MHI before affordability can be considered);
  • Examples of where clean water agencies have deferred spending on other environmental programs (e.g., deferred spending on drinking water investments) or asset management (including infrastructure maintenance and replacement) in order to comply with wastewater/stormwater regulatory mandates in a wet weather consent decree;
  • Examples of communities that are being or have been pushed to a level of control/service or design storm for SSOs and/or CSOs that goes beyond the knee of the curve and cannot be justified from a cost/benefit standpoint.

This information will help the Association better inform the OIG review.

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

WOTUS Rule Comment Period Extended, Peer Review Released

The comment period deadline for the draft Waters of the U.S. (WOTUS) rule,  which addresses the jurisdictional reach of the Clean Water Act, was extended a second time to November 14, 2014.  EPA and the U.S. Army Corps of Engineers are providing the extra time to give the public an opportunity to comment on the Scientific Advisory Board's (SAB) peer review  of the report on the connectivity of streams and wetlands, which was released on October 17. The SAB peer review concluded that all waters are “physically, chemically and biologically connected to downstream navigable waters”, and it recommended that EPA incorporate additional connections to the Agency’s report. The SAB criticizes EPA for presenting connectivity as binary (i.e., it exists or it does not), and it recommends that connectivity be presented by dimensions and along a gradient. NACWA is preparing formal comments on the draft rule and has developed a WOTUS Fact Sheet  that provides a summary of the key elements of the proposal for the municipal clean water community. NACWA appreciates those agencies who have shared their concerns and any comments they have submitted with the Association. 

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

Biosolids

NACWA Concerned by Anti-Biosolids Policy at National Grocery Chain

Whole Foods Market, a national, organic and natural foods grocery chain, issued a new rating system October 15 for produce and flowers sold at its stores.  The Responsibly Grown Produce Rating System consists of a number of metrics to evaluate the sustainability of the practices used in growing the produce, including a requirement prohibiting the use of biosolids of any quality within three years of harvest.  The biosolids community has known for some time that Whole Foods was headed in this direction and made several attempts to establish a meaningful dialogue in person and through a number of letters, but the grocer generally rebuffed these efforts.  Though the practical effect of the prohibition is minor – biosolids are not used in the U.S. Department of Agriculture’s organic program and the vast majority of biosolids used in U.S. agriculture are applied to non-vegetable crops such as animal forage and cereal grains – the official statement from a respected, national company could perpetuate the fear-based claims that biosolids are not safe.  NACWA is working to draft a letter expressing concern with the policy and requesting further dialogue on the issue.  The Association will be circulating the letter with its member agencies to collect signatures from the general managers/executive directors of as many members as possible.  The letter will be circulated in early November.

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

Green Infrastructure

NACWA, Key Partners Gather for Launch of Green Infrastructure Collaborative

NACWA joined representatives of over 25 partner organizations, the White House Council on Environmental Quality (CEQ), and eight federal agencies at the Eisenhower Executive Building on October 8 to support the launch of The Green Infrastructure Collaborative. The Collaborative aims to leverage efforts from the federal family, non-governmental organizations, the private sector and academia to advance green infrastructure as a means of supporting water quality and community development goals.

As part of the launch, EPA released a statement of support  outlining specific commitments from NACWA and other Collaborative members to advance cooperation and coordination around green infrastructure initiatives.  This statement is the culmination of NACWA’s effort to re-sign the 2007 GI Statement of Intent .

NACWA’s listed commitments reiterate the Association’s continued promotion of green infrastructure and watershed-based approaches under the Water Resources Utility of the Future (UOTF) initiative and through its advocacy, outreach, and educational efforts.  This will include: identifying collaborative partners for integrated planning and green infrastructure program implementation; ensuring key decision makers in the federal government are aware of the benefits of hybrid sustainable (gray and green) infrastructure; and, supporting funding and legislation for innovative approaches to wet weather management.

The Collaborative is part of the federal government’s broader obligation to the President’s Climate Action Plan.  The Collaborative event coincided with the release of the Administration’s Climate and Natural Resources Priority Agenda that represents a comprehensive commitment across the Federal Government to support improved climate resilience.

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 Releases Green Infrastructure Guidebook; Convenes Second Annual Summit

Northeast Ohio Regional Sewer District (NEORSD) partnered with EPA and Cleveland State University to host the second annual Green Infrastructure Summit in Cleveland, Ohio from September 26-28.  Thirty-three communities gathered for a two-day event that built on the first Summit  EPA held for its Green Infrastructure (GI) partner communities in Syracuse, NY last year.

NACWA members included representatives from Toledo, Omaha, Akron, Portland, Atlanta, Los Angeles, Milwaukee, Chicago, and Washington DC, who joined regulators and other participants for a tour of GI projects in NEORSD’s service area, and a day and a half of peer-to-peer discussion.  The bulk of the event involved a large facilitated roundtable covering a broad array of topics including using GI to reduce volume into combined sewer systems; effectively manage stormwater in separate systems; provide multiple community benefits; and, build resilient communities.  GI leaders, program managers, and planners exchanged best practices and lessons-learned when using GI as a tool to enhance traditional gray infrastructure within comprehensive wet weather solutions.

EPA also released the Enhancing Sustainable Communities with Green Infrastructure Guidebook  on October 27 which aims to assist communities in developing a GI plan that can overcome technical, regulatory, financial, and institutional obstacles that could limit widespread implementation.

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

Integrated Planning and Affordability

IP Technical Assistance Awarded to NACWA Members

On October 10, EPA announced that two NACWA Member Agencies, the City of Springfield, MO and the Onondaga County Department of Water Environment Protection, NY, were selected to receive awards of technical assistance to help them develop plans under EPA’s Integrated Planning Initiative.  They were among five communities selected for the awards.  The other communities are the City of Burlington, VT, the City of Durham, NH and the City of Santa Maria, CA.  With encouragement from NACWA and Members of Congress, EPA announced the availability of $335,000 in technical assistance to help up to five communities develop plans under its Integrated Planning Initiative.  The announcement comes after nearly two years of NACWA advocacy urging Congress and EPA make available funding to support development of these plans.  Currently, the House of Representatives has proposed an additional $2 million in FY15 for another round of awards and NACWA is working to ensure the Senate accepts the House recommendation in final negotiations over EPA’s FY15 budget.  Congress is scheduled to conclude negotiations for a FY15 omnibus appropriations package in December.   

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

NACWA, AEANJ, Host Integrated Planning Workshop in New Jersey

The Association of Environmental Authorities of New Jersey (AEANJ) partnered with NACWA to co-host an Integrated Planning (IP) Workshop on October 23 in Newark for public agencies across the Garden State. The Workshop is the eighth in a series of nationwide IP workshops that NACWA has hosted. New Jersey is undergoing a number of regulatory changes, including issuance by the New Jersey Department of Environmental Protection's (NJDEP) of the first CSO permits for utilities in the state, making this IP Workshop particularly timely. Utility leaders, NJDEP, EPA Headquarters, and Region 2 staff discussed a number of applications of IP including for Long-Term Control Plans (LTCPs) and stormwater management.

The Workshop began with a broad overview of the "state of play" in New Jersey including their unique governance structure and Clean Watershed Needs Survey ranking - number one with $32.5 B in needs, ahead of both California and New York. EPA then described the Integrated Planning Framework and how it's being applied around the country and might be applied in New Jersey. NJDEP, Region 2, utilities and other workshop participants outlined where they see opportunities for their communities to take advantage of the Framework in the face of reduced budgets and increasing regulatory requirements. EPA staff elaborated on their ongoing work to develop their Financial Capability Assessment Framework, which they plan on finalizing later this year, and how that may affect the affordability component of an integrated plan.

NJDEP asserted that it used an approach consistent with IP when it wrote the CSO permits, with an ultimate focus on water quality improvements. The CSO permits and the relatively new responsibility of surface water dischargers to deal with stormwater management, puts New Jersey utilities in a unique position to apply IP at the ground level. New Jersey Future, a local nonprofit, described how IP and work on CSOs could incorporate broad sustainable development principles. The Workshop provided stakeholders with the opportunity to ask tough questions about the realities of IP and work through the details of how it may apply to their specific circumstances. NACWA appreciates all those who attended the Workshop, and continues to support New Jersey members as they respond to their clean water obligations, as well as members around the country pursuing IP solutions.

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

Clean Water Finance Dialogue Summary Complete; Workgroup to Be Formed

NACWA recently distributed its summary  to participants in the first Clean Water Finance Dialogue (held June 24 in New York City).  The Dialogue was the first of its kind and brought together private investment and public clean water agency leaders to discuss the opportunities and barriers to increased private investment in public clean water infrastructure.  The most prominent barriers identified were that private capital is often less competitive than public financing methods, like tax-exempt municipal bonds, although arguments were brought forth asserting that this is beginning to change.  Another barrier identified was the lack of trust between the sectors, an issue that this – and future dialogues – are aimed at addressing and overcoming.

As the summary report concludes, the two sectors can establish a base of trust by beginning with partnerships on smaller, “bolt-on” projects in more discrete areas – especially in the arena of  Utility of the Future-type projects – including biosolids recycling, nutrient recovery, green infrastructure, waster reuse, and energy production.  To help develop this trust – and to ensure both an effective conversation about public-private efforts on clean water projects, and that NACWA’s advocacy efforts in the finance arena are well-informed – the Association plans to create a Clean Water Finance Workgroup to provide leadership and strategic input.  The Association, and this Workgroup, will promote dialogue through a variety of different formats and advance NACWA’s advocacy efforts on finance issues through strategic discussions.  If you are interested in joining the Workgroup, please email Amber Kim, Government Affairs Assistant.

Contact: Amber Kim at 202/588-1801 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

Water Quality

NACWA Convenes Discussion on Implementation of EPA's Ammonia Criteria

NACWA, together with the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), and the Association of Clean Water Administrators (ACWA), convened a day and a half-long October 29-30, in Arlington, Virginia to discuss implementation of EPA's revised ammonia aquatic life criteria.  Representatives from each organization, as well as experts on freshwater mussels, participated in the meeting.  EPA presented an overview of the criteria – which was similar to what the Agency presented to NACWA members after the criteria were released.  The discussion during the meeting, however, focused on the concerns raised by NACWA members and state regulators regarding implementation challenges, including those associated with determining whether freshwater mussels are present or absent in a particular water body. 

The new criteria allow for site-specific recalculation if mussels are determined to be absent from a water body, resulting in much less stringent criteria.  It is anticipated that many dischargers will try to take advantage of this recalculation, where possible.  Much of the first day of the meeting focused on small dischargers, including lagoon systems, that will likely not be able to meet the criteria (and who are not likely to have the capability of conducting the studies necessary for site-specific criteria).  NACWA and the other meeting sponsors utilized the discussion to identify gaps in knowledge and areas where additional research or guidance tools could help ease the burden on states and clean water agencies as they implement the criteria.  A summary of the meeting, as well as all the presentations, will be made available on the NACWA website soon.

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

Members seeking more information or related regulatory activity in their state can access NACWA’s State Action Track web tool, here.