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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the September 2015 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from September 2015.

Top Stories

Final E-Reporting Rule Requires Electronic Submission of NPDES Information

EPA’s Office of Enforcement & Compliance Assurance (OECA) finalized the National Pollutant Discharge Elimination System (NPDES) e-Reporting Rule on September 24. The final rule  requires that NPDES regulated entities provide monitoring information electronically, rather than via paper reports as was done previously. The Agency will implement the requirements in two phases, with Phase I beginning one year after the effective date of the final rule, and Phase II beginning 4 years thereafter. Discharge Monitoring Reports (DMRs) will need to be electronically filed with EPA, or authorized NPDES programs, within Phase I. Additionally, those permitted under the Federal Biosolids Program (42 states fall into this category) will be required to submit their Sewage Sludge/Biosolids Annual Program Reports directly to EPA as part of Phase I. Electronic submission of the remaining reports will begin five years after the effective date of the final rule, in Phase II. These include:

• General Permit Reports (NOIs, NOTs, NOEs, etc.)
• Municipal Separate Storm Sewer System (MS4) Program Reports
• Pretreatment Program Reports
• Sewer Overflow/Bypass Event Reports
• Sewage Sludge/Biosolids Annual Program Reports (where the state runs the program)
• CWA section 316(b) Annual Reports.

The Association submitted comments on the original proposal, as well as comments  on the subsequent supplemental notice in January 2015. NACWA’s comments were based on feedback from Member Agencies affected by these changes. EPA lengthened the overall implementation period in the final rule, heeding NACWA’s comments, which pointed out that the roughly two years originally allotted for complete rule compliance was an overly aggressive timetable and would have put many permittees at risk for non-compliance.

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

NEORSD Achieves Major Legal Victory on Stormwater

The Ohio Supreme Court issued a ruling on September 15 in the Northeast Ohio Regional Sewer District (NEORSD) v. Bath Township, et al. case upholding NACWA Member Agency NEORSD’s municipal stormwater management program and fee and marking a major legal victory.

The legal dispute over NEORSD’s authority for the program and related stormwater fee reached all the way to the state Supreme Court after conflicting decisions by two lower courts. In the 5-2 decision, the state Supreme Court overturned a lower appellate court and held that “the issues in this case are exceedingly straightforward: 1) is the Sewer District’s regional stormwater management program authorized by statute and by its charter, and 2) is the attendant fee structure authorized by statute and by the charter. We answer both questions in the affirmative.” More information on the decision can be found in Advocacy Alert 15-16 .

NACWA joined with the Association of Ohio Metropolitan Wastewater Agencies (AOMWA) to file a brief   in the case supporting NEORSD as part of the Association’s aggressive advocacy to defend stormwater programs. The Association applauds the court’s decision, which not only affords legal recognition and protection for NEORSD’s stormwater management program, but also provides positive precedent that will benefit utilities managing stormwater nationwide.

Contact: Amanda Waters at 202/530-2758 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Engaged in White House Resilience Study

NACWA President Adel Hagekhalil has been asked to lead a study group that will guide the development of a seminal water sector resilience report for the Department of Homeland Security's National Infrastructure Advisory Council (NIAC). The NIAC was formed by President Obama via Executive Order to assess resilience challenges and provide recommended changes across the sixteen core infrastructure sectors.

The fact that the NIAC has decided to address water sector resilience demonstrates a growing awareness of the fundamental importance of water infrastructure on which the other sectors rely. Hagekhalil was asked to lead the study group developing the report after he and NACWA CEO Adam Krantz addressed the NIAC on September 11 regarding national and LA-specific security and resilience issues. The report will be shared with key decisions makers in the White House, across the Administration's agencies, and with federal, state and local policy makers. NACWA will help ensure that appropriate experts are chosen to provide input into the report and that it assesses and addresses the most pressing security and climate-related resilience challenges, including a utility-based perspective, with a solutions-oriented approach.

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 Resources Utility of the Future Annual Report Released

NACWA is pleased to announce the release of the 2015 Water Resources Utility of the Future Annual Report. NACWA, in partnership with the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), and WateReuse developed the Annual Report to provide an update on developments in the utility of the future (UOTF) arena since the original UOTF Blueprint was released in 2013. The Annual Report was officially released on September 29, 2015 during a special utility executives session at WEFTEC 2015 in Chicago.

In addition to describing recent accomplishments of clean water utilities and exploring the newest horizons for innovation, the Annual Report also discusses an emerging theme from UOTF-focused efforts – that clean water utilities often do not act alone. Innovation has instead occurred within an "innovation ecosystem" comprised of technology developers, consulting engineers and scientists, state and local governments, the finance community and a wide range of professional organizations that represent the clean water sector. The Annual Report provides greater insight into how each of these stakeholders is contributing to the increasingly widespread adoption of UOTF practices and approaches.

NACWA and its partner associations plan wide distribution of the Report to a variety of stakeholders. The Association's Industry of the Future Workgroup is currently exploring ways to disseminate the practices and approaches highlighted in the Report to utilities of all sizes. The Workgroup is collaborating with EPA on a series of web seminars in the coming year and NACWA will provide further information when it becomes available.

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

Affordability

NACWA Talks Financing, Affordability with GAO

NACWA met with a Government Accountability Office (GAO) audit team in early September to provide input for an upcoming GAO report on water and wastewater financing and affordability. The Subcommittee on Environment & Economy of the House Committee on Energy & Commerce asked GAO to review the challenges that areas of declining population face in financing and maintaining drinking water and wastewater infrastructure. GAO is investigating what these communities look like, what strategies they are using to cope, and what programs at the federal, state and local levels (including community assistance programs like lifeline rates and payment plans) are available to provide support. At this point in their research, GAO is working to increase their awareness and understanding of the issue and NACWA provided an overview of its extensive work on utility financing and affordability. GAO plans to feature a number of community case studies and will interview utility managers as a part of the investigation. The final report is expected in the next 10 months to a year. The Association has provided GAO information from its 2014 Financial Survey and offered to meet with the team as their work continues.

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

Air Quality

NACWA Provides Input to EPA on Information Request Related to POTW Emissions

NACWA’s Air Quality Workgroup held a conference call with EPA on September 25 to discuss a draft Information Collection Request (ICR) for the risk and technology review that the Agency is conducting for the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for publicly owned treatment works (POTWs). EPA is required by consent decree to publish the results of the risk and technology review by December 2016.

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

Enforcement

EPA Releases Proposed National Enforcement Priorities

EPA released its proposed national enforcement priorities for fiscal years 2017-19 on September 15, and work to address sewer overflows is again a top focus area. The National Enforcement Initiatives are set by EPA every three years to spotlight complex environmental issues the Agency believes deserve particular attention. While NACWA is pleased with EPA’s recognition of the importance of adaptive management approaches to address wet weather issues, the Association continues to be concerned about the Agency’s approach to clean water enforcement that continually ratchets down heavily on municipal dischargers without consideration to corresponding improvements in water quality. Read the full story from the Clean Water Current. 

Contact: Amanda Waters at 202/530-2758 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

NACWA Applauds Inspector General Report on EPA Wet Weather Enforcement

On September 16, EPA’s Office of Inspector General (OIG) released a report, EPA Needs to Track Whether Its Major Municipal Settlements for Combined Sewer Overflows Benefit Water Quality, that highlights needed changes in how EPA approaches municipal wet weather enforcement actions. Specifically, the report notes that EPA must improve tracking and reporting on how the results of wet weather enforcement initiatives and consent decrees are leading to fewer sewer overflows and resulting improvements to water quality in receiving waters. NACWA provided significant input to OIG during the investigation. Read the full story from the Clean Water Current 

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 .

Green Infrastructure

Philadelphia Hosts GI Practitioner Exchange

The Philadelphia Water Department (PWD) and the Philadelphia Mayor's Office of Sustainability hosted a two-day Green Cities, Clean Water: GSI Practitioner Exchange on September 17-18 to help share information with other communities interested in learning about and seeing Philadelphia’s green stormwater infrastructure (GI). Over 45 communities shared information on GI program implementation including funding, policy, design, community outreach, and innovation. NACWA congratulates PWD for organizing such a successful and well-attended event. Read the full story from the Clean Water Current.

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

Pretreatment

EPA Proposes Ban on Flushing Hazardous Waste Pharmaceuticals

EPA published a proposed rule in the September 25 Federal Register that would revise regulations to improve the management and disposal of hazardous waste pharmaceuticals by healthcare facilities and pharmacies. The rule would specifically ban “facilities from disposing of hazardous waste pharmaceuticals down the toilet or drain,” which EPA estimates will prevent 6,400 tons of pharmaceuticals from being flushed each year. NACWA will submit comments by the November 24 deadline and welcomes your input for these comments. Read the full story from the Clean Water Current.

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

Security

Cybersecurity, Other Security Concerns Addressed by WSCC

The Water Sector Coordinating Council (WSCC) held its quarterly meeting on September 9, focusing on cybersecurity and other issues that affect the security and resiliency of utilities. The Council, chaired by NACWA representative Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, received a briefing from EPA's National Homeland Security Research Center (NHSRC), which is conducting research into a variety of chemical and biological threats for utilities and exploring ways for utilities to better prepare for these threats. Read the full story from the Clean Water Current.

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

Watershed RDA Stormwater Petitions Filed in California, Maryland and Delaware

On September 17, the Natural Resources Defense Council (NRDC), American Rivers, the Clean Air Council, and local Waterkeeper groups filed four petitions asking EPA to exercise its residual designation authority (RDA) to permit private commercial, industrial, and institutional (CII) sites whose unpermitted stormwater discharges are contributing to violations of water quality standards. The petitions were filed in EPA Region 9 for the Dominguez Channel and Los Cerritos watersheds (both in Los Angeles), and with EPA Region 3 for the Back River  watershed in Baltimore and Army Creek watershed in Delaware. NACWA is working with members in these watersheds, as well as the petitioners, to determine potential implications of the petitions. Read the full story from the Clean Water Current.

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 Outreach on Phase II Stormwater Program Changes

The NACWA Stormwater Management Committee held a virtual meeting (slides) in early September focused on EPA's proposed rulemaking for the Phase II municipal stormwater program. The rulemaking is expected to address a court order over concerns regarding the review of notices of intent (NOIs) submitted by small Phase II MS4s, as well as ensuring sufficient opportunity for public review and comment. EPA and environmental activist groups agreed to a recent settlement that lays out the schedule for development of the new rule which includes a deadline of December 17, 2015 for a proposed rule, and November 17, 2016 for a final rule. Read the full story from the Clean Water Current.

NACWA also joined a number of other municipal and state organizations on September 15 at an EPA briefing on the upcoming rulemaking. The Association is submitting pre-proposal comments urging EPA to focus on as narrow a rulemaking as possible. Read the full story from the Clean Water Current.

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 Participates in Expert Workshop on Aquatic Life Criteria

EPA kicked off a multi-year effort to update its 1985 Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses during an expert workshop in Arlington, Virginia, September 14-16. Jim Pletl, Director of Water Quality for the Hampton Roads Sanitation District and Chair of NACWA’s Water Quality Committee, attended the workshop on behalf of the Association. Read the full story from the Clean Water Current.

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

State/Regional Organizations Discuss Nutrient Issues with EPA

NACWA hosted a conference call on in September with representatives of 15 state and regional clean water organizations to receive an update from EPA on the status of nutrient controls around the country. Association staff also briefed attendees on key national advocacy priorities, including the Great Lakes Water Protection Act and Phase II MS4 municipal separate storm sewer developments. Read the full story from the Clean Water Current.

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

Resources, Upcoming Events and Comment Periods

• Become a participating organization in Imagine a Day Without Water, October 6-8. 
• Register for a listening session to provide feedback on the Ten Attributes and Five Keys to Effective Utility Management Success. Sessions are either October 15, 2:00-3:30 pm Eastern or October 20, 12:00-1:30 pm Eastern.
• Register for the Southeast Stormwater Association's (SESWA) 10th Annual Regional Stormwater Conference October 14-16. SESWA is a member of NACWA's National Stormwater Network.
• Register today for the NACWA-sponsored American Water Summit: Scalable Solutions, October 20 – 21 at a special discounted Public Agency rate.
• Register for NACWA’s 2015 National Clean Water Law Seminar, November 4-6 in Henderson, NV.
  
• Submit a proposal for the U.S. EPA 2015/2016 Urban Waters Small Grants by November 20, 2015. NACWA is a strong supporter of this program and many NACWA members have been recipients of this grant program.
• Register for the International Water & Climate Forum, December 7-9.