» Clean Water Current Archive

January 30, 2015

NACWA Meets with EPA on Soon-to-be-released Environmental Justice Tool

NACWA met with the EPA’s Office of Environmental Justice this week on a new environmental justice (EJ) tool currently under development by the Agency. EJSCREEN  is a screening and mapping tool that is intended to provide EPA with a nationally consistent dataset and methodology for calculating EJ indices, which can be used for identifying areas of potential disproportionate environmental impact for further review or analysis. As part of the meeting, NACWA received a demonstration of the tool’s capabilities.

The EJSCREEN uses 12 environmental indicators, most of which are based on air or solid waste pollution sources, but one of which is Proximity to Major Water Dischargers. The raw data for the water indicator are the “count of NPDES major direct water discharger facilities within 5 km (or nearest one beyond 5 km)” to a given location, regardless of whether the discharge point is upstream or downstream. Actual discharge and compliance data (e.g., discharge monitoring reports) are not being used at this time.

During the demonstration there were a significant number of minor dischargers that also appeared in the database. Thus, it is unclear how the tool defines “major” – i.e., what parameters and thresholds are used to identify these dischargers. EPA acknowledged that this was a potential problem with the tool, and committed to work closely with NACWA to clarify and fine-tune the dataset used. In addition, the Agency seemed open to adding new water parameters if nationwide complete datasets are available for such parameters.

NACWA expressed concern during the meeting about the potential for the public to misinterpret the tool as a risk assessment on its own, especially with regard to indicators based solely on proximity. The Association will work with EPA to ensure the intended use of the tool and its water data are clearly communicated to users.

EPA anticipates releasing EJSCREEN in the late spring or early summer. Prior to public release, the Agency offered to let NACWA remotely test drive the tool and to do a web-based demonstration for our members. NACWA will provide additional details on this webinar when it is scheduled.

$1 Trillion Senate Infrastructure Bill Would Provide Over $60 Billion for Water

Sen. Bernie Sanders (I-VT) and Sen. Barbara Mikulski (D-MD) introduced The Rebuild America Act of 2015  this week, authorizing $1 trillion in infrastructure investment over the next five years, including tens of billions for water infrastructure. The proposed legislation calls for $30 billion for the Clean Water State Revolving Fund (CWSRF), $30 billion for the Drinking Water State Revolving Fund (DWSRF), and $10 billion for the Water Infrastructure Finance & Innovation Act (WIFIA). In addition, billions are authorized for other water infrastructure like dams and levees and harbors.

Arguing that this level of investment is critical to address the nation’s huge infrastructure gap, Senator Sanders stated when unveiling the measure that the investments are also critical to spur jobs and economic growth. The proposal has been endorsed by the American Society of Civil Engineers (ASCE), the AFL-CIO, and the Progressive Change Campaign Committee.

While the legislation does not propose a way to fund these investments, the Senators believe it will push Congress to have a real discussion about the massive need for infrastructure investment in the nation, an issue that both parties identify as a real problem. NACWA welcomes and supports this bill’s effort to spotlight this important issue and inspire a national dialogue on federal infrastructure funding. The Association will continue its advocacy efforts to make infrastructure investment a priority issue in Congress. Please contact Pat Sinicropi at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information or with questions.

NACWA Discusses Status of SSI Petition, Rule Implementation with Key EPA Staff

NACWA and key EPA Office of Air & Radiation staff discussed this week the status of the Association’s Petition for Reconsideration of the Sewage Sludge Incineration (SSI) Rule, the Agency’s efforts to address the DC Circuit’s August 2013 remand of portions of the rule, and a number of implementation issues. Based on the discussion, it is clear that EPA remains unpersuaded by NACWA’s arguments for a stay of the compliance date and the Association’s request that the Agency reconsider its decision to regulate SSIs under Section 129 of the Clean Air Act. EPA senior policy officials had indicated in early 2014 that they were not inclined to grant a stay or reconsider the rule, but NACWA proceeded with filing its petition for a stay and reconsideration last May to force the Agency to make an official determination. While there is no final decision at this point on the petition, based on this week’s discussion, there appears to be no change in EPA’s position – they remain steadfast in leaving the compliance date of March 2016 in place and in addressing SSIs under Section 129. NACWA again asked for a final, written response to its petition, but anticipates that response, whenever it comes, will deny the petition. This means that the current March 2016 compliance date (or earlier if determined by the state) will remain in place, and that whatever relief or flexibility NACWA seeks from the current emissions standards will have to be within the confines of the Section 129 requirements.

While a Section 112 rule framework would have provided EPA with the greatest flexibility, Agency staff on the call did indicate their willingness to work with NACWA on discrete issues that might be addressed within their authority under Section 129. First and foremost on this front are the unresolved remand issues that EPA has not addressed with regard to sludge variability. It appears that EPA has done little to date to address the concerns raised by the DC Circuit with regard to variability, and pointed to the lack of data comparing sludge pollutant levels and varying air emissions levels. NACWA provided data on this in its original 2011 petition for reconsideration and will be re-sending this to EPA, but will also be reaching out to its incinerator members for additional information on the variability issue and to identify other areas that could benefit from additional flexibility. Unfortunately, EPA does not appear prepared to address these issues before the March 2016 compliance date as the DC Circuit’s remand has no specific deadline for responding – but NACWA will continue to press the Agency to accelerate its timetable.

EPA expects signature of the Federal Implementation Plan (FIP) within the next month, with it appearing in the Federal Register shortly thereafter. NACWA will be working to influence the content of the final FIP in the hope of providing additional clarity on several issues that have already been raised by members. The Association expects to hear more on the status of its petition in early February.

Outlook for 2015 Discussed with Key Congressional Committees

NACWA staff met with a round of key Congressional committee staff to review the legislative outlook for the 114th Congress with respect to legislation impacting clean water utilities. Republican and Democratic staff for the House Water Resources & Environment Subcommittee and for the Senate Environment & Public Works Committee were cautiously optimistic that reauthorization of the Moving Ahead for Progress in the 21st Century (MAP-21 – transportation bill) would get done in the first half of this term of Congress, signaling a bi-partisan commitment to seeing greater investment in infrastructure and indicated an interest in examining stormwater mitigation as part of this reauthorization debate. They also indicated that there seems to be a bi-partisan commitment to reauthorize water resources legislation governing programs administered by the Army Corps of Engineers before the end of the this Congress — the same legislation that included provisions to improve the Clean Water State Revolving Fund program. NACWA staff continued to raise the importance of trying to achieve a bi-partisan consensus on reforms to the Clean Water Act that would address issues of affordability for its members. We will be discussing these meetings and other related efforts during NACWA’s 2015 Winter Conference in Charleston next week.

Green Infrastructure Collaborative Explores Potential Training Event

Members of the federal Green Infrastructure Collaborative, of which NACWA is a founding member, discussed the potential of hosting a two-day green infrastructure (GI) “boot camp” of sorts for communities interested in incorporating GI into their wet weather management strategies. This event is still in the pre-planning stage, and would attempt to leverage the varied expertise of the Collaborative member organizations to provide the training and facilitate the event. NACWA believes this type of education/outreach effort will help our members overcome some of the implementation obstacles often encountered with GI and would also assist communities who have not yet been able to use GI in their combined sewer overflow (CSO) or stormwater programs. The event is still evolving and will tentatively be held this summer, so stay tuned!

Work Begins on New Flushability Guidelines

The committee that will develop new flushability guidelines for wipes held their first meeting this week. The committee is comprised of representatives from NACWA, the Water Environment Federation (WEF), the American Public Works Association (APWA), the Canadian Water & Wastewater Association (CWWA), and INDA (the trade association of the nonwoven fabrics industry). NACWA’s representative is Frank Dick, Industrial Pretreatment Coordinator for the City of Vancouver Department of Public Works and Vice Chair of the Association’s Pretreatment & Pollution Prevention Committee.

The committee reviewed the findings of the Technical Workgroup that held a series of meetings last year to investigate issues related to flushability, and is using the information compiled by the Workgroup to develop a plan for further testing and research that will help determine the characteristics of wipes that will be required to make them safe for sewer systems. The new flushability guidelines are expected to be completed by June 2016.

Peak Performance Awards – Apply & Get Recognized!

Don’t miss out on your opportunity to be recognized! NACWA is currently accepting applications for the 2014 Peak Performance Awards. All eligible Member Agencies are encouraged to submit their nomination as soon as possible. As announced in Member Update 15-01, the Peak Performance Awards is a nationally recognized program that acknowledges member agency facilities for excellence in NPDES compliance. This year, NACWA has expanded eligibility to include facilities that operate under a federal or state-equivalent NPDES permit, an underground injection control permit, or a state control mechanism that regulates effluent quality and reuse of reclaimed flows.

The deadline for submissions to the Peak Performance Awards is April 3, 2015. Visit NACWA’s website for more information on the Peak Performance Awards program and apply today!