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

Top Stories

Great Lakes Legislation, SRF Funding Restrictions Top Agenda in EPA Water Meeting

NACWA joined other water sector organizations October 21 to meet with senior EPA Office of Water staff on a number of important issues facing the water community. Central to the discussion was current legislation pending in the Senate that would ban combined sewer overflows (CSOs) and the use of blending in the Great Lakes. NACWA and the Water Environment Federation (WEF) reiterated the significant concerns that the municipal clean water community has with the legislation and asked EPA about its position on the bill. EPA acknowledged the issues raised by NACWA and WEF but stated the Agency has not taken a formal stance on the legislation.

NACWA also raised questions at the meeting about use of Clean Water State Revolving Fund (CWSRF) resources on private property for green infrastructure or other stormwater control projects. A number of utilities have recently expressed confusion about use of SRF dollars on private property. EPA reiterated that SRF funds are eligible for these types of projects and referred to recent SRF guidance the Agency has published for clarification, but noted that some states may have their own restrictions on use of the funds.

In other developments, EPA reported during the meeting that it is still working on a response to a congressional letter raising questions about the Clean Water Rule’s impacts on municipal sewer and stormwater systems, and also stated that it is continuing work on a report analyzing current funding allocations under the SRF program.

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

NACWA Files Brief in Blending Litigation

NACWA filed an amicus curiae brief  on October 30 in litigation before the U.S. Court of Appeals for the District of Columbia Circuit, arguing that a previous federal appellate court ruling on the issue should be applied nationwide. NACWA is participating in this case due to the importance of blending for many NACWA members and the leading role the Association has played in the blending debate over the past two decades.

NACWA’s brief in Center for Regulatory Reasonableness (CRR) v. EPA provides a critical national utility perspective on the important issue of blending. It highlights why NACWA believes the 2013 U.S. Court of Appeals for the Eighth Circuit decision in Iowa League of Cities v. EPA – which struck down EPA’s efforts to regulate blending through application of secondary treatment limits internal to the treatment plant before the final point of effluent discharge – should be applied nationally by EPA. More specifically, the brief argues that if a POTW is meeting its permit limits at the point of discharge, EPA has no legal authority to apply secondary treatment requirements internal to the plant or dictate which treatment techniques are used within the plant’s boundaries, including blending. The brief further articulates the Association’s position that blending, when used as part of the design and operation of a treatment plant, is not a bypass.

The CRR v. EPA lawsuit was filed in 2014 to challenge  EPA’s application of the Iowa League decision. NACWA’s brief supports the legal challenge by specifically focusing on EPA’s inappropriate regulatory actions regarding blending. The Association will keep members updated on developments in the case.

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

Clean Power Plan Presents Opportunities for NACWA Members

The final Clean Power Plan rule, which seeks to reduce carbon emission, was published in the Federal Register on October 23. The Clean Power Plan aims to have all reductions in place by 2030. Legal challenges to the rule have already been filed by 24 states. The basic requirements of the Plan target coal, oil, and natural gas-powered electric generating units (EGUs). EPA has established an implementation framework that allows states to use increases in renewable energy, as well as improvements in demand-side energy efficiency, to meet their required state-level reduction goals.

In accordance with comments  filed by NACWA, the American Water Works Association (AWWA), and the National Association of Water Companies (NAWC) in 2014, the final Plan recognizes the important role that water and wastewater utilities can potentially play in increasing energy efficiency and renewable energy generation. How utilities will be able to participate – and potentially access funding and incentives to generate renewable energy and increase efficiency – will be left entirely to the states. NACWA will track state implementation and continue to provide information and tools to help member agencies take advantage of the incentives afforded by the rule.

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 Comments on EPA Proposed Enforcement Priorities

NACWA filed comments  on October 14 on EPA’s proposed national enforcement priorities for fiscal years 2017 – 2019, expressing concern over the Agency’s continued focus on municipal wet weather enforcement. The comments noted that a focus on municipal wet weather issues without addressing other sources of water quality impairment – especially nonpoint source runoff – will fail to achieve meaningful water quality improvements. This is particularly problematic given the significant investments that many municipal clean water utilities are required to make as a result of wet weather enforcement actions.

NACWA’s comments also highlighted the recent EPA Inspector General report on the Agency’s wet weather enforcement program. The report called on EPA to improve tracking and reporting on the degree to which water quality benefit is resulting from wet weather enforcement initiatives and consent decrees in the wet weather arena. NACWA further noted that the Association was encouraged by EPA’s embrace of adaptive management and the consideration of financial capability in the proposed enforcement document, but highlighted the need for EPA to take a more collaborative approach with communities in addressing affordability concerns. EPA is expected to finalize the enforcement initiatives sometime next year.

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

SSI Members Discuss Compliance Agreements, More Time to Comply with Air Rules

NACWA’s members that operate sewage sludge incinerators (SSIs) gathered on October 13 via conference call to discuss their options for seeking additional time to comply with the impending March 21, 2016, federal compliance deadline (some states require compliance before this date) for the Clean Air Act (CAA) emission standards finalized in 2011. Several members have contacted NACWA expressing concern that despite their best efforts, they may not be able to meet the compliance deadline. NACWA is working to secure a response from EPA to its May 2014 petition and a letter  sent earlier this month, but staff stressed on the call that EPA is not expected to make any changes to the federal compliance date. Individual utilities, however, might be able to secure additional time working with their permitting authority under certain circumstances.

One option for SSIs that will not meet the final compliance deadline is to negotiate a compliance agreement that allows for additional time, but sets milestones to ensure the facility is making progress. CAA permitting authorities can enter into these compliance agreements with regulated entities on a case by case basis, and this was the focus for much of the discussion the call. Use of compliance agreements can benefit from a national framework, so NACWA is working to identify members who may be interested in working together on such a framework.

NACWA has requested a meeting with Janet McCabe, the head of EPA’s air office and will update the members as soon as there are any developments on this front.

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, Water Associations Discuss Report on Low-Income Assistance Programs with EPA

NACWA, along with several national associations representing drinking water and wastewater stakeholders, met on October 16 with representatives from the Environmental Protection Agency’s Office of Water regarding a new EPA effort to compile information about various programs used by communities to provide assistance to low-income ratepayers who cannot afford to pay the full cost of their water and sewer bills. 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 .

Funding/Financing

NACWA Finance Workgroup Members Nominated for EFAB

NACWA nominated four members of its Finance Workgroup for the EPA’s Environmental Financial Advisory Board (EFAB). The Association sent a nomination letter recommending Yvette Downs, Chief Financial Officer, Washington Suburban Sanitary Commission, MD; David Kane, Executive Administration Department Director, Treasurer of the Portland Water District, ME; Kellie Rotunno, Chief Operating Officer, Northeast Ohio Regional Sewer District, OH; and Eric Sandler, Assistant General Manager of Business Services/CFO, San Francisco Public Utilities Commission, CA, and emphasizing their depth of knowledge and the unique perspective that they bring from the public utility sector. 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

Input Needed for Treasury Department Report

NACWA has been asked to provide input to a team working on behalf of the U.S. Treasury Department to document why US infrastructure projects may be "stalled" and what net benefits would accrue to the nation if these projects went forward. Treasury is seeking information on the top 50 projects across all of infrastructure, including water sector projects. This is an opportunity for NACWA to raise infrastructure financing and other related policy issues to the Administration and others through examples of projects that are not moving forward as they should. 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

Pretreatment

Wastewater Associations and Wipes Manufacturers Discuss Flushability Guidelines Development Continues

Discussion continued on September 30 and October 1 on updating the guidelines for determining if a wipe can be labeled and marketed as safe to flush. NACWA, WEF, the American Public Works Association (APWA), the Canadian Water & Wastewater Association (CWWA), and INDA (the trade association of the nonwoven fabrics industry) are updating the current industry flushability guidelines, with a focus on making the testing protocol protective of real sewer conditions. The new guidelines should be completed by June 2016. 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 & Emergency Preparedness

Chemical Shipments Will Continue with Positive Train Control Deadline Extension

The Senate passed a stopgap transportation bill in October, H.R. 3819, that extends federal transportation funding until Nov. 20. An extension for the deadline to implement positive train control (PTC) technology was included, providing the railroad industry three more years, until December 31, 2018, to comply. This is a positive development for clean water utilities because it will ensure continued transportation of key chemicals used in the wastewater treatment process via rail. 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

State Stormwater Regulators, SESWA, Respond to NACWA Message

State water quality managers, permit writers and EPA staff involved in regulating stormwater convened in Philadelphia, PA to discuss implementation of federal and state municipal, industrial and construction stormwater programs. NACWA’s Brenna Mannion, Director of Regulatory Affairs & Outreach, was invited to speak on October 8 during a session focusing on local stormwater challenges. Typically this type event is reserved for regulators only, and NACWA appreciated the opportunity to participate with staff from the NPDES programs around the country. Read the full story from the Clean Water Current.

Later in the month, the Southeast Stormwater Association (SESWA) invited NACWA to speak at its conference in Chattanooga, Tennessee. SESWA is heavily involved in the National Stormwater Advocacy Network (NSAN) which NACWA convened earlier this year, and the Association appreciated the opportunity to participate in SESWA's 10th anniversary meeting. 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

Preproposal Comments Outline NACWA Input for Phase II Stormwater Remand Rule

TNACWA filed pre-proposal comments  with EPA on October 2 on the upcoming rulemaking that will make changes to the Phase II municipal stormwater program. The Association noted that the proposal should be as narrowly tailored as possible and should not attempt to define the “maximum extent practicable” (MEP) standard for municipal stormwater dischargers. NACWA also encouraged EPA to ensure that any changes to the Phase II program do not significantly change the current Phase II regulations or impose additional administrative burdens on the municipal stormwater community. 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

• Register for NACWA's 2016 Winter Conference, Back to Basics ... Will Compliance Concerns Derail Efforts to Innovate?, February 21-24, 2016 in San Diego, CA.
• 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 U.S. Environmental Protection Agency's Water Infrastructure and Resiliency Finance Center and Environmental Finance Center Network's Water Finance Forum in Iselin, NJ on December 2. Topics will include setting sustainable rates, incorporating asset management, and communicating the value of water to the public.
• Register for the International Water & Climate Forum, December 7-9.
• Register today for the AWWA International Symposium on Potable Reuse, January 25-27, 2016 in Long Beach, California. AMWA and NACWA collaborated to develop a session, Policy and Potable Reuse: Balancing Water Needs with Public Health Protection for this timely Symposium.