May 15, 2015

During Infrastructure Week: Water Sector Calls for Increased Investment

A diverse group of U.S. water sector organizations have joined forces this week for Infrastructure Week 2015. Now in its third year, Infrastructure Week brought together thousands of stakeholders, in both Washington and around the country, to highlight the critical importance of investing in America’s infrastructure systems – and the essential role infrastructure plays in our economy.

NACWA joined with nearly 80 partners from the business, labor and advocacy sectors who convened across America to host more than 50 events  and send a strong message to Congress that America cannot wait for long-term solutions to infrastructure investment and revitalization. In this week’s The Water Voice blog, NACWA Board Member and the General Manager of Johnson County Wastewater in Olathe, Kansas, John O’Neil, discussed why continuing to call upon Congress to maintain core federal programs by fully funding the Clean Water State Revolving Fund (CWSRF) – and maintaining the tax-exempt status of municipal bonds – is essential to both his community and our Nation’s water and wastewater infrastructure.

Wednesday was Infrastructure Week Advocacy Day on Capitol Hill during which a broad array of stakeholder organizations met with Members of Congress to urge them to support stronger investment in the nation’s infrastructure, including water and wastewater infrastructure. NACWA joined a diverse team of representatives from Swiss Re, Channel Design Group, Capital Metropolitan Transportation Authority, and WateReuse for meetings with several Congressional offices, including the offices of Rep. Bill Pascrell (D-NJ), Rep. Don Young (R-AK), Rep. Patrick Meehan (R-PA), Rep. Black Farenthold (R-TX), and Sen. Jeff Merkley (D-OR). In each meeting, NACWA emphasized the importance of investing in water and wastewater infrastructure and urged support for the Clean Water State Revolving Fund, the Water Infrastructure Funding & Innovations Act, and preserving the tax-exempt status of municipal bonds.

The Value of Water Coalition, of which NACWA is a member, hosted multiple events across the country throughout Infrastructure Week to highlight the importance of water and wastewater infrastructure investment. Three events featured NACWA members: The Northeast Ohio Regional Sewer District hosted behind-the-scenes tours of its treatment system; Philadelphia Water co-hosted a forum where they highlighted their innovative tools, partnerships and environmental sustainability efforts; and, San Francisco Public Utilities Commission featured how water infrastructure investments are helping the local economy and community at a breakfast event. The Coalition also released a briefing paper, The New Wave of Water Innovation , spotlighting innovative water projects across the country.

Infrastructure Week provided a great platform for NACWA and other water organizations to emphasize the importance of water and wastewater infrastructure within the broader national dialogue on infrastructure.

Concerns Raised over EPA’s Tactics in Review of Washington State Standards

NACWA wrote EPA Region 10 Administrator  Dennis McLerran this week expressing concern with his office’s tactics in reviewing the State of Washington’s human health standards. Region 10’s March 2015 letter on Washington’s proposed standards package implied that the state had no other choice but to make their standards identical to not only federal criteria and guidance, but also to EPA’s policy preferences. The state, consistent with existing EPA guidance, had made important policy and risk decisions based on input from stakeholders. But those decisions were contrary to the position taken by EPA Headquarters and Region 10. NACWA’s letter raised concern that EPA’s letter was attempting to coerce the state into developing a standards package that matched the Agency’s position. NACWA’s letter stressed that standards development is a state responsibility as mandated in the Clean Water Act and that efforts by EPA to influence the state must not run afoul of those mandates.

NACWA Releases Revised Consent Decree Handbook

NACWA, this week, released its 2015 revised Wet Weather Consent Decree Handbook. The Handbook includes updated information on affordability, supplemental environmental projects and decrees lodged, entered or modified since release of the 2014 edition. This resource will continue to provide NACWA members with unparalleled information, analysis, and strategies on wet weather enforcement issues including negotiation, renegotiation, implementation, and modification of wet weather enforcement orders and decrees. See Advocacy Alert 15-07  for additional information.

Federal Appeals Court Hears Arguments in Non-Hazardous Secondary Materials Case

This week the D.C. Circuit Court of Appeals heard oral arguments in the Non-Hazardous Secondary Materials (NHSM)  rule litigation. The NHSM rule provided EPA with the basis for regulating sewage sludge incinerators (SSIs) under the more stringent Clean Air Act (CAA) Part 129 emissions standards by defining sewage sludge that is incinerated as a solid waste. NACWA challenged the underlying NHSM rule arguing that the explicit "domestic sewage” exclusion in existing federal solid waste law prevents EPA from regulating sludge as a solid waste. The Association also challenged the CAA emission standards  for SSIs.

A decision is expected before the end of 2015. The Court's ruling will have no immediate or automatic impact on the March 21, 2016 federal compliance date for the CAA standards. Thus, SSIs should continue to plan for compliance by that date.

Integrated Planning, Affordability Top Agenda for Massachusetts Coalition

NACWA provided remarks this week during the sixth annual symposium of the Massachusetts Coalition for Water Resources Stewardship (MCWRS). With the symposium focused on the balance between cost and compliance, NACWA highlighted the important role of EPA’s Integrated Planning and Affordability Frameworks in providing communities with more control over their clean water investments. At the same time, the Association stressed that the clean water community must still apply pressure on the regulatory, legislative and legal fronts to ensure that EPA mandates are scientifically valid and do not overburden ratepayers.

Among other topics, the symposium program featured a case study presentation from NACWA Member Agency, the Springfield Water & Sewer Commission. Ultimately relying on the flexibility provided by EPA’s Integrated Planning Framework, Springfield was able to reduce the level of control for its combined sewer overflow (CSO) program and redirect those resources to other wastewater investment priorities.

Pretreatment Professionals Meet at Annual Workshop

Over 140 pretreatment professionals convened this week at NACWA’s 2015 National Pretreatment & Pollution Prevention Workshop in Greenville, SC. The proposed dental amalgam separator rule was a major topic of discussion. Jan Matuszko, Chief of the Engineering & Analytical Support Branch of the Office of Water’s Engineering & Analysis Division spoke regarding EPA’s evaluation of the information received during the public comment period, including comments  received from NACWA. Matuszko stated that the Agency is “exploring approaches to address these comments. We are having some spirited conversations on this topic.” EPA recognizes that the proposal “did not reduce the burden enough” for the POTWs responsible for enforcing the rule, according to Matuszko.

The proposed rule was also the primary topic of conversation during the meeting of NACWA’s Pretreatment & Pollution Prevention Committee during the Workshop. Janet Goodwin, Chief of the Technology & Statistics Branch of the Office of Water’s Engineering & Analysis Division, attended a portion of this meeting to listen to the concerns and recommendations of Committee members, which echoed the points made by the Association. Goodwin invited NACWA and its members to submit any information that will help EPA to evaluate the proposal, in addition to the detailed data already requested.

Prior to the Workshop, 90 individuals participated in the Introduction to the Pretreatment Program for Wastewater Utilities and Local Limits training courses. The courses received positive reviews and NACWA plans to offer these, and other training opportunities, in the future. All the handouts and presentations from the Pretreatment Workshop are available on NACWA’s website. The Association thanks all the participants for making this year’s Workshop a success.

• Registration and a preliminary agenda are now available for NACWA’s 2015 Utility Leadership Conference & 45th Anniversary Annual Meeting, Financing, Funding & Rates for the Future, July 12 – 15, 2015 at the Omni Providence Hotel, Providence, RI
• Dial in   for NACWA/WERF briefing, with EPA on EPA Environmental Justice (EJ) 2020 Draft Framework , May 21 at 12:00 pm Eastern
• Comment on EPA Environmental Justice (EJ) 2020 Draft Framework  by May 29.
• Access Early Bird Registration for U.S. Water Alliance’s One Water Leadership Summit, August 26 – 28.
• Register today for the NACWA-sponsored American Water Summit: Scalable Solutions, October 20 – 21 at a special NACWA Public Member Agency rate .

Have you gotten involved in NACWA’s online community – Engage™? If not, now is the time. The community is an excellent resource for networking with colleagues and finding solutions to challenges and issues that come up every day. This week – trending issues include:

• Sewer lift station flow monitoring
• Gas lines bored through mains; and,
• Extra strength surcharges

In addition, in the Women in Water Forum, a discussion has ensued on an article about why female bosses are better at engaging their employees than male bosses. If you would like to learn more about Engage™ or have questions on this unique online community, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , Director of Marketing & Digital Media at 202.533.1802.