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November 2015 Regulatory Update
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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the November 2015 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from November 2015. Regulatory Perspectives – November 2015 It’s hard to believe, but the end of 2015 is quickly approaching. Congress is trying to get its business done before the start of the holiday break and there is a lot at stake for the clean water community, with final negotiations taking place on a range of policy riders important to NACWA members including the Clean Water Rule and the Great Lakes provision prohibiting combined sewer overflows and blending. At the same time, EPA is trying to clear its ledger of any actions it had promised to deliver ‘in 2015’. December, in particular the last week of the month, is notoriously busy with EPA rules being proposed or comments being due, and this year is no exception. For example, comments on EPA Region 10’s proposed human health criteria for Washington State, which NACWA has been following closely, are due on December 28. In addition, we expect to see a proposal from EPA Headquarters on the stormwater Phase II program around the middle of the month. The final few weeks of 2015 promise to be very busy with these and other rulemaking activities. As we look to the start of 2016 – a presidential election year – we can expect continued activity from EPA as the Obama Administration works to wrap up its regulatory “to do” list. Though its signature water initiative, the Clean Water Rule, is now out and at the mercy of the courts, other work, including ongoing efforts to push through pretreatment standards for dental clinics, development of water quality criteria for viruses, and a final Phase II stormwater rule, will remain a focus for the Agency. Presidential elections can sometimes have a significant impact on the pace of regulatory activity, but the fact that President Obama is not up for reelection means there will be less concern over getting rules out around and after the election. In other words, we can expect business as usual to continue for EPA throughout 2016 -- and a very active advocacy agenda in the New Year for NACWA and its members! – Chris Hornback, Chief Technical Officer (Contact me at This e-mail address is being protected from spambots. You need JavaScript enabled to view it with any comments or questions.)
Top Stories
NACWA Hosts Meeting to Advance Municipal Stormwater IssuesNACWA organized and hosted a meeting on November 10 with a number of municipal, local government, state, and water sector associations to discuss current stormwater issues and coordinate activities to advance the Association’s key stormwater advocacy initiatives. Central to the discussion was EPA’s upcoming Phase II rulemaking proposal, expected to be released in December, which will make changes to the Agency’s regulatory program for small municipal stormwater systems. NACWA and the other associations at the meeting reviewed the new rule’s expected impacts and identified potential areas of mutual collaboration once the proposal is released to ensure that municipal and local government concerns are addressed. The group also discussed recent stormwater legal developments of note. Additionally, NACWA used the gathering as an opportunity to promote the Association’s new National Stormwater Advocacy Network. Organizations participating in the meeting were the National Association of Counties (NACo); the U.S. Conference of Mayors (USCM); the National League of Cities (NLC); the Water Environment Federation (WEF); the Association of Clean Water Administrators (ACWA); the American Public Works Association (APWA); the Environmental Council of the States (ECOS); and the National Association of Flood & Stormwater Management Agencies (NAFSMA). NACWA has worked to ensure these organizations maintain regular coordination on stormwater issues, beginning over 5 years ago when EPA started to develop the now-deferred national post-construction stormwater rule. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Concerns Raised over use of WET Test ProcedureNACWA filed an amicus curiae brief Despite the fact that EPA has issued no further guidance beyond a 2010 draft on the Test of Significant Toxicity (TST) to evaluate WET tests – and has failed to seek formal public comment on the procedure – Region 9 has continued to push for its use in permits, particularly in California. Especially troubling for some permittees is the use of the TST together with a modified WET test design that limits them to a single test concentration and a control, eliminating the safeguard of evaluating multiple test concentrations to confirm the results of a WET test. NACWA has been closely following the developments in California for several years, and provided comments Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Toilets Are Not Trashcans Logo and Webpage LaunchedNACWA recognized World Toilet Day on November 19 by unveiling a new Toilets Are Not Trashcans logo and webpage, www.nacwa.org/toilets. The logo is available in various electronic formats for use by any entity interested in spreading the Toilets Are Not Trashcans message. NACWA’s Toilets Are Not Trashcans campaign has focused on protecting the environment and the pipes, pumps, plants, and personnel of wastewater utilities across the nation by eliminating harmful products when possible and informing the public about proper disposal practices of wipes, FOG (fats, oils, and greases), and pharmaceuticals. More information on the campaign and the logo are available in Advocacy Alert 15-19 Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it Biosolids
FDA Finalizes Produce Safety RegulationsThe Food and Drug Administration (FDA) announced in November that it had finalized its new regulations for reducing the risk of public health impacts from growing produce. Consistent with comments Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Climate/Resilience
WSCC Provides Input for White House Resilience StudyThe Water Sector Coordinating Council (WSCC) and the sector’s Government Coordinating Council (GCC) met on November 9-10 in Washington, DC, to discuss ongoing and future projects related to security and emergency preparedness for drinking water and wastewater utilities. The Councils provided input to the ongoing study of water sector resilience being conducted by the National Infrastructure Advisory Council (NIAC). Adel Hagekhalil, NACWA’s President, is chairing the NIAC Studay Group, and NACWA’s two representatives to the WSCC – Patty Cleveland, Assistant Regional Manager with the Trinity River Authority, Texas, and Chair of the WSCC, and Jim Davidson, Manager of Safety & Security for the Northeast Ohio Regional Sewer District – both participated in the meeting. 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
Conferences/Meetings
2016 Winter Conference to Explore Compliance in Context of Innovation, Register NowRegistration is now available for NACWA’s 2016 Winter Conference, Back to Basics . . . Will Compliance Concerns Derail Efforts to Innovate?, February 21 – 24, 2016, at the Westin San Diego. Join us as we explore the increasing regulatory requirements and external drivers that both present compliance challenges and impact the water sector’s ability to move in the direction of the utility of the future. The program Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Workshop to Focus on New Jersey CSO IssuesNACWA will be hosting a New Jersey Long Term Control Plan Workshop on December 10 designed specifically for New Jersey clean water utilities and municipalities that are beginning work on development of combined sewer overflow (CSO) long-term control plans (LTCPs). Since many New Jersey communities recently received new CSO permits requiring the development of LTCPs, now is an excellent time for utilities in the state to learn the basics of the LTCP process. 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 & Pollution Prevention
EPA Extends Comment Period on Hazardous Waste Pharmaceuticals Disposal ProposalEPA extended the comment deadline to December 24 for its proposed rule, Management Standards for Hazardous Waste Pharmaceuticals, in the November 5 Federal Register. One of the components of the rule is a ban on healthcare facilities and pharmacies “disposing of hazardous waste pharmaceuticals down the toilet or drain.” NACWA will submit comments on the proposal and members should submit any input to This e-mail address is being protected from spambots. You need JavaScript enabled to view it by December 11. 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
Mandatory Cybersecurity Reporting Opposed by NACWA, Other AssociationsNACWA joined over 40 other associations on a November 12 letter 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 Members Participate in Bio-Contaminated Wastewater WorkshopNACWA and seven of its Member Agencies participated in a November 17-18 workshop on the handling, management, and treatment of bio-contaminated wastewater by utilities. The workshop was sponsored by EPA, the National Science Foundation (NSF), and the Water Environment Research Foundation (WERF) and focused on what is needed for utilities to be able to accept wastewater contaminated with high consequence pathogens (including bacteria, spores, and viruses) from either natural causes or malicious actions. 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
NSAN Discusses Phase II Rulemaking with Activist GroupsNACWA convened a meeting of the National Stormwater Advocacy Network (NSAN) on November 19 to discuss the upcoming EPA Phase II Rulemaking. A central part of the discussion was a presentation from the Natural Resources Defense Council (NRDC) providing their thoughts on the rule and what they hope it will accomplish. NRDC and a coalition of environmental groups filed pre-proposal comments Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it NACWA Brings National Message to Maine Stormwater ConferenceNACWA was invited to address the Maine Stormwater Conference on November 17 in Portland. Maine has pioneered the use of residual designation authority (RDA) under the Clean Water Act to address unpermitted stormwater runoff, so the state’s stormwater professionals are used to being on the front lines of evolving stormwater policy. Over 350 participants participated in presentations on case studies, policy, and best practices. NACWA’s Director of Regulatory Affairs & Outreach, Brenna Mannion, updated attendees on the federal stormwater program, particularly the upcoming Phase II Rulemaking, as well as national legal and regulatory trends around the country. NACWA is always interested in speaking to state and regional stormwater groups about the Association’s effort and priorities. 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 Nominates Experts for Coliphage WorkshopNACWA submitted two nominations to EPA for an expert workshop planned for 2016, which will review the Agency’s work to develop water quality criteria focused on viruses. NACWA has been working with the Water Environment Federation (WEF) to raise concerns with EPA regarding implementation challenges, as well as concerns over whether a sufficient link has been demonstrated between coliphage, the pathogens of concern, and risk to public health. EPA is convening the expert workshop in an effort to address these and other concerns. 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 . NACWA Encourages Idaho to Resist EPA Pressure on Human Health CriteriaNACWA weighed in on Idaho’s ongoing rulemaking to update the state’s human health criteria, encouraging the state to resist pressure from EPA Region 10 to make changes to its proposal. The Association’s letter Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Resources, Upcoming Events and Comment Periods
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on November 5 in litigation in a California federal district court on the application of certain testing requirements for whole effluent toxicity (WET). The brief also challenged the ability of EPA to indirectly impose requirements on dischargers by pressuring state agencies to adopt the Agency’s desired policies without going through the rulemaking process required by the Administrative Procedure Act. EPA has objected to NACWA filing its brief and the Association is awaiting the judge’s decision on whether the brief will be allowed.
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