» Clean Water Current Archive

March 20, 2015

NYT Features Flushable Wipes, Stewardship Initiative to Begin

The New York Times published an article on March 13 – Wet Wipes Box Says Flush. New York’s Sewer System Says Don’t – focusing on the problems caused by wipes for wastewater utilities. The article was followed by an editor’s blog on March 16 reiterating the “don’t flush wipes” message. The article described the problems faced by NACWA Member, the New York City Department of Environmental Protection, and quoted Cynthia Finley, the Association’s Director, Regulatory Affairs. The wipes issue in New York City has attracted the attention of the City Council, which has responded by proposing a local law to prohibit a nonwoven material from being advertised or labeled as “flushable.”

This renewed media attention on wipes comes as NACWA continues its work with the wipes industry and other water sector associations to address the issue. A committee tasked with developing new flushability guidelines for wipes will meet for the second time next 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). These five associations are also beginning a Product Stewardship Initiative next week, when they will meet to establish a roadmap for how the wipes industry can take greater responsibility for the downstream impacts of its products by improving product labeling and consumer education. The Initiative is supported in part by NACWA’s Targeted Action Fund (TAF).

The Product Stewardship Initiative and flushability guidelines development are important components of NACWA’s Toilets Are Not Trash Cans! campaign to help reduce the problems caused by wipes and other materials that are inappropriately flushed. NACWA will continue efforts to keep the media focused on this issue, and Association members are encouraged to talk with their local media about problems caused by wipes at their utilities. NACWA also needs additional information about the costs incurred by utilities due to wipes. Please send any information you have to Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

House Subcommittee Holds Hearing on EPA’s FY16 Budget

The House Water Resources & Environment Subcommittee held a hearing on EPA’s FY16 budget request with Ken Kopocis, Deputy Assistant Administrator of the Office of Water, testifying about the Agency’s National Water Program. Kopocis stressed that the Agency is working to advance clean water through initiatives like the new Water Infrastructure & Resiliency Finance Center, and efforts to lay the groundwork to implement the Water Infrastructure Finance & Innovation Act (WIFIA).

Both Republican and Democratic members voiced concerns about the $333 million cut to the Clean Water State Revolving Fund. Subcommittee Chair Bob Gibbs (R-OH), in his opening statement, expressed concern over the Clean Water SRF reduction at a time when communities are facing greater regulatory burdens. Reps. Donna Edwards (D-MD) and Jared Huffman (D-CA) also expressed strong concern over the cuts in the face of major clean water infrastructure needs. In response, Kopocis stated that greater needs in the drinking water sector were identified. NACWA will continue to make the case that available funding must increase overall, consistent with the need.

Integrated planning was also a topic of interest, as an important tool to increase regulatory flexibility and help communities reach compliance. Ranking Member Grace Napolitano (D-CA) asked how the $13 million requested for integrated planning can help communities struggling to deal with compliance and requested and update on the current Integrated Planning Pilot Projects. Kopocis responded that the $13 million could be used to help at least 13 communities. Chairman Gibbs also stressed that flexibility is key for communities and expressed his support for the Integrated Planning Framework. Kopocis agreed saying that there are unlimited possibilities under the Framework and explained that EPA is also working with the Department of Justice to avoid litigation and explore integrated planning possibilities outside of the enforcement context. Integrated planning was also discussed by Rep. Thomas Massie (R-KY), who expressed concern about the huge financial burden that consent decrees pose to his constituents, as a way to help communities address requirements with greater flexibility. Kopocis cited Lima, Ohio as a successful example of the Integrated Planning Framework.

NACWA will continue to work to push for the restoration of the CWSRF, as well as increasing support for integrated planning and the requested $13 million. A video of the hearing and written testimonies can be found here.

NACWA Updates Water Utility Council on Financial Capability Efforts

NACWA provided an update on the Association’s ongoing efforts related to financial capability and affordability to the American Water Works Association’s (AWWA) Water Utility Council (WUC) Thursday. The WUC guides AWWA’s legislative agenda and has been increasingly engaged on the issue of financial capability. In addition to providing an overview of NACWA’s 10-year engagement on the issue, the Association also outlined its current efforts on Capitol Hill – including work to introduce legislation in both the House and Senate this Congress. NACWA Board Member Dave Rager, Executive Director of Sanitation District No. 1 of Northern Kentucky, set the stage for the discussion with an update on his utility’s affordability challenges. AWWA has not yet taken a position on the financial capability-related legislative proposals currently being circulated. The Council sought input from NACWA on its work to have the Clean Water Affordability Act reintroduced in the House, and pursue similar legislation in the Senate. AWWA, NACWA, and the other water sector associations continue to explore common ground and potential next steps on the issue.

Senator Cardin Reintroduces Legislation to Advance Resiliency, Sustainability

Sen. Ben Cardin (D-MD), along with Sens. Harry Reid (D-NV) and Barbara Boxer (D-CA) re-introduced the Water Infrastructure Resiliency & Sustainability Act . The legislation would help drinking water, wastewater, and stormwater utilities prepare for the impacts of climate-related risks. A House companion measure was introduced earlier this month by Rep. Lois Capps (D-CA).

Under the legislation, utilities could apply for EPA matching funds to implement projects that address the most significant climate-related risks – and benefit the largest numbers of water users. Utilities may use the federal matching funds on projects that build resiliency to changing hydrological conditions, including through water conservation and efficiency measures; enhancing water management through source water protection and green infrastructure; or, facilitating the use of advanced technologies – such as water reuse and recycling – to increase available water supplies. NACWA, along with several water sector associations, helped develop the legislation and together sent a letter  in support.

EPA Releases New Policy on SEPs

EPA recently released a new policy document  on incorporating supplemental environmental projects (SEPs) into civil enforcement settlements, including municipal wet weather consent decrees. The updated SEP policy includes parameters on how supplemental projects may be used as part of EPA civil enforcement actions, and also includes examples of projects or actions that are not acceptable. The document replaces EPA’s previous 1998 policy on SEPs, and also incorporates by reference all of the earlier guidance and implementation decisions made since 1998.

SEPs can play an important role in consent decrees, serving as voluntary actions by a utility to potentially mitigate penalties or other decree requirements. They can take a variety of forms, including projects involving public health protection; environmental restoration; pollution reduction; use of green infrastructure; and, other actions that promote environmental and public health benefits. More information on the role of SEPs in wet weather consent decrees is available in NACWA’s Wet Weather Consent Decree Handbook. SEPs will also be addressed at the upcoming Wet Weather Consent Decree Workshop.

NACWA Asks EPA to Maintain Current Ozone Standards

NACWA submitted comments  this week recommending that EPA keep its current National Ambient Air Quality Standards for Ozone. As a result of its regular review of the ozone standards, EPA proposed a rule  that would lower the primary and secondary ozone standards from 75 ppb to within a range of 65 to 70 ppb. The Association argued that the current standards have not yet been fully implemented, and that more stringent standards would negatively impact wastewater utilities (due to the additional emissions controls that would be required in areas of ozone non-attainment). Additional air pollution control equipment would, in particular, cause significant expense to utilities with sewage sludge incinerators (SSIs) – and result in higher rates for the communities that they serve. The additional controls would also create a disincentive to use biogas and biosolids as an energy source, since the expense could make these projects financially unfeasible.

EPA received over 50,000 comments on the proposed ozone standards, with industry groups generally opposing the standards, and environmental organizations supporting them. NACWA will notify members of any developments related to the rule and their implications for utilities.

Association Members Engage in Department of Energy Wastewater Workshop

The Department of Energy (DOE) held a Hydrogen, Hydrocarbons, and Bioproduct Precursors from Wastewaters workshop this week to identify current and potential research and development (R&D) possibilities for production of hydrogen and hydrocarbons from wastewater. Mark Ramirez, from NACWA Member Agency DC Water, participated in the workshop, along with representatives from several Affiliate Members. Information on current research activities was shared and discussions focused on the additional R&D that is needed to develop practical technologies, along with the challenges and solutions for getting new technologies to markets. Municipal wastewater utilities were the primary area of focus, and DOE will be using the findings from the workshop in the upcoming Energy-Positive Water Resource Recovery Workshop, which is a collaborative effort between DOE, EPA, and the National Science Foundation (NSF). NACWA will continue to focus advocacy efforts on developing energy resources at water utilities, and invites members to join the Association’s new Energy Workgroup. Please contact Cynthia Finley at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have questions about or are interested in joining the Energy Workgroup.

EPA to Host Webinar on WIFIA

EPA Office of Water will host a webinar  to discuss the next steps for implementing the Water Infrastructure Finance & Innovation Act (WIFIA) on April 1, 2015 from 1:00 – 4:00 pm ET. The webinar will cover topics including eligibilities; project types; creditworthiness; and, subsidy levels. No registration is required – just enter as a guest here on the day of the webinar. Congress appropriated $2.2 million in EPA’s FY15 budget for the Agency to develop program rules and lending guidelines this year. In addition to this funding, the Administration’s FY16 EPA budget requested an additional $5 million to continue these efforts. WIFIA was established by Congress in last year’s Water Resources & Reform Development Act as a new financing tool for investments in water and wastewater infrastructure, potentially leveraging private investment dollars. NACWA is supporting an effort to fully fund that program at authorized levels so that EPA can begin making loans as quickly as possible.

Value of Water Coalition – New Website, New Partners

The Value of Water Coalition, of which NACWA is a Founding Member, is a collaboration between public and private water agencies, business and community leaders, and national organizations united in communicating the importance of water to the economic, environmental, and social well-being of America. In 2015, the Coalition is growing and redoubling its efforts with a new website and new partners.

In addition to NACWA, Founding Members of the Coalition include: American Water; the American Water Works Association (AWWA); the Association of Metropolitan Water Agencies (AMWA); the National Association of Water Companies (NAWC); United Water; the U.S. Water Alliance (USWA); the Water Environment Federation (WEF), and Xylem – as well as NACWA Affiliate Members CH2M HILL; MWH Global; and, Veolia. Recently, the Coalition members were joined by two leading private sector companies: Dow Chemical Company and NACWA Affiliate Black & Veatch. Additionally, major public utilities, which are on the front lines of delivering essential water and wastewater service to millions of people, have joined the Coalition. New public utility partners include: NACWA Member Agencies Alexandria Renew Enterprises; the Camden County Municipal Utilities Authority; DC Water; the Hampton Roads Sanitation District; Kansas City Water Services; the Metropolitan Sewer District of Greater Cincinnati; the Metropolitan Water Reclamation District of Greater Chicago; the Northeast Ohio Regional Sewer District; the Philadelphia Water Department; and, the San Francisco Public Utilities Commission.

The Power of Association Featured at Kentucky/Tennessee Value of Water Summit

The Kentucky/Tennessee Water Environment Association hosted a Value of Water Summit  late last week in Bowling Green, Kentucky, and NACWA was an active participant. Over 100 people attended the event, which featured several Member Agencies who presented on how utilities of all sizes can improve communication, provide exceptional customer service, and increase stakeholder support for necessary rate increases. The Summit was particularly aimed at helping smaller utilities by providing case studies and strategies from larger utilities that can be replicated.

NACWA was invited to speak about the role of national associations in promoting the value of water. The Association presented on how the value of water is linked to the need for resilient and sustainable public water agencies and highlighted its advocacy efforts. Utilities joining together as members of NACWA enable the Association to impact and influence issues of national significance; to develop beneficial tools and resources; to connect utilities and provide networking and professional growth opportunities; to drive innovation; to facilitate sector-wide collaboration; and, foster partnerships with stakeholders. The Water Environment Federation (WEF) was on the same panel and addressed the history, current status and exciting agenda of the Value of Water Coalition. Association Member Agencies who spoke at the Summit include DC Water: Nashville and Davidson County Metro Water Services; Louisville and Jefferson County Metropolitan Sewer District; and, Sanitary District No. 1 of Northern Kentucky. NACWA participation in conferences such as this provides an excellent opportunity to galvanize support for national clean water advocacy objectives and to learn about state and regional trends of national significance.

Webinar Addresses Two Distinct Issues: Environmental Compliance & Sediment Remediation

This week’s Legal Hot Topics Web Seminar featured compelling presentations on environmental compliance for wastewater utilities and legal issues associated with sediment remediation. Brent Fewell, a partner with NACWA Legal Affiliate Troutman Sanders LLP, addressed the responsibilities of clean water agencies and their employees to monitor and effectively comply with ever-changing federal and state laws and regulations on a routine basis. Fewell’s presentation highlighted the critical elements of an effective compliance program to safeguard public health and the environment, as well as the potential risks of failing to have an effective program. Mark Thimke, a partner with NACWA Legal Affiliate Foley & Lardner LLP, discussed sediment remediation and focused on emerging issues with respect to potential liability for municipal dischargers. An issue of significance to the clean water sector is the scope of the “permitted release” defense under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) in light of recent EPA actions and court decisions addressing whether certain pollutants are covered by the Clean Water Act National Pollutant Discharge Elimination System (NPDES) permit shield. The webinar also addressed ways in which clean water agencies can be creative in addressing sediment issues to limit or resolve liability. Presentations and a recording are available on NACWA’s website. Mark your calendars for the next Legal Hot Topics Web Seminar to be held on June 17. Please send suggestions on topics to cover in future web seminars to This e-mail address is being protected from spambots. You need JavaScript enabled to view it (202/833-3692) or This e-mail address is being protected from spambots. You need JavaScript enabled to view it (202/530-2758) for consideration.

April Awards Deadlines are on the Horizon

• Excellence in Management Recognition applications are due April 1, 2015.
• 2014 Peak Performance Award applications are due April 3, 2015.

Criteria and eligibility information for both programs is available on the Awards Page of the website.

Upcoming Events and Workshops – Make Your Plans Today

Join your clean water colleagues as we discuss evolving legal, legislative and regulatory environmental initiatives and trends. Mark your calendar and make your plans today for:

• National Water Policy Forum, Fly-In & Expo
  April 13 – 15, 2015, Westin Washington, DC City Center, Washington, DC
  The National Water Policy Forum, Fly-In & Expo, the anchor event of WaterWeek 2015, is presented by the NACWA, the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), and WateReuse. It will feature distinguished speakers, conference sessions, Capitol Hill visits, and regulatory roundtables.
• Wet Weather Consent Decree Workshop
  April 29 – 30, 2015, Hyatt at The Bellevue, Philadelphia, PA
  Join us for a Workshop offering intensive and insightful sessions on the current state of play in the wet weather consent decree arena. Whether your utility or client is under an existing decree, currently in negotiations with regulators or potentially subject to future enforcement, this workshop is for you. Register today!
• National Pretreatment & Pollution Prevention Workshop & Training
  May 12 – 15, 2015, Hyatt Regency Greenville, Greenville, SC
  This year’s Workshop program will focus on topics that promise to be important for pretreatment programs in the future, as well as issues that are currently affecting these programs.

IWA 2015 Conference to Be Held in Cincinnati

The International Water Association (IWA) will hold its 2015 International Conference on Water Efficiency and Performance Assessment of Water Services, April 20-24 in Cincinnati, Ohio. The conference will delve into issues related to water scarcity; climate change; increasing demand; and, the deterioration of water resources – all requiring a dedicated search for more efficient solutions. The international conference, hosted by the City of Cincinnati, will gather a large network of water professionals to exchange experiences on urban water key topics.

NACWA Blog of the Week:
Let Water Spring to Life in March

With World Water Day just around the corner, it is beneficial to look back at the challenges of the 20th century and how far we have come. Water and wastewater infrastructure is responsible for nearly half of the total mortality reduction in major cities between 1900 and 1936, with even greater impact on infant and child mortality rates during that same time period. It was not only a boon to public health, but was tremendously cost-effective – an estimated $23.00 in benefits for every $1.00 invested. Will water and wastewater infrastructure be a boon for the economy and public health this century – or will it fall on hard times? Read on to find out more.