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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the December 2015/January 2016 Regulatory Update. This Update provides a summary of relevant regulatory issues and actions from December 2015 and early January 2016.

Top Stories

EPA Phase II Stormwater Rule Comment Deadline Set For March 21

EPA’s proposed rule on changes to the Phase II Municipal Separate Storm Sewer System (MS4) regulations was published  in the Federal Register on Jan. 6, setting a comment deadline of March 21. EPA released a pre-publication version of the rule on December 18, and NACWA distributed an Advocacy Alert in late December providing information and analysis on the proposal. Additional information on the rule is also available on EPA’s website.

NACWA is currently reviewing the proposal and plans a robust comment effort. Any members with comments or questions on the proposed rule are encouraged to contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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

Microbead Ban Signed By President

President Obama signed the Microbead-Free Waters Act of 2015 on December 28, an important victory for the clean water community and NACWA since microbeads can pass through wastewater treatment plants and harm aquatic life. The law bans the manufacture of rinse-off cosmetic products containing plastic microbeads after July 1, 2017, and prohibits the sale of these products after July 1, 2018. The House of Representatives unanimously passed H.R. 1321 on December 7, followed by Senate approval on December 18. NACWA was a strong advocate for the legislation and shared information through the NACWA Clean Water Exchange on the various state and local microbead bans that preceded the federal legislation. NACWA supported the microbead ban through its Toilets Are Not Trashcans campaign, which provides advocacy to reduce harmful products that are flushed or drained into the sewer system. Please see Advocacy Alert 16-01 for more information.

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 Discusses Top Priorities With New Water Office Chief

NACWA CEO Adam Krantz and key staff met with Joel Beauvais, Acting Deputy Assistant Administrator for EPA’s Office of Water and Ellen Gilinsky, senior policy advisor for the water office, December 11 to brief Beauvais on the Association and its top priority issues. Beauvais, who has been with the Agency for five years and previously held positions in the air and policy offices, assumed the top leadership position in early November after Ken Kopocis announced his departure.

Beauvais has spent much of the last month being briefed on the water office’s list of issues. NACWA and EPA discussed those areas where we have worked closely together – including integrated planning and affordability – as well those issues where more work is needed, including peak flow blending. The Association also discussed its work on the Water Resources Utility of the Future, as well as the underlying infrastructure funding challenge that influences so much of what the clean water community does.

Beauvais expressed interest in continued close work between the Office of Water and NACWA on priority issues. He also looks forward to the opportunity to speak directly to NACWA’s membership. Beauvais will be joining NACWA’s members in San Diego during NACWA’s upcoming Winter Conference delivering the opening keynote on the final morning of the conference.

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 Meets With Air Office Chief On SSI Rule

NACWA staff and Randy Schmidt, Senior Engineer for the Central Contra Costa Sanitary District, CA and Co-Chair of the Association’s Biosolids Management Committee, met with Janet McCabe, Acting Assistant Administrator for EPA's Office of Air & Radiation, December 2 to discuss the impending March 2016 compliance deadline for sewage sludge incinerators (SSIs) to comply with new Clean Air Act (CAA) emission standards published in 2011.

The top concern for NACWA and its members has been EPA’s delay in issuing a final Federal Implementation Plan (FIP), which is usually complete 1-2 years prior to the compliance date and is a required step to ensure the emission standards are enforceable. Most of the SSIs in the country are in states that will follow the FIP and EPA’s delay has been causing a lot of confusion, including delaying issuance of CAA Title V permits and other required elements of the 2011 rule. EPA indicated during this week’s meeting that they are working hard to issue the final FIP "very early in 2016". EPA stressed that the requirements in the FIP will match the model rule from 2011 and that there should be no uncertainty regarding what requirements must be met. In addition, EPA noted that the FIP will not provide any extension of the compliance deadline.

On the issue of compliance agreements – where a utility cannot meet the deadline and enters into an agreement for coming into compliance – McCabe noted that EPA's enforcement office will take the lead, but that utilities in states operating under the FIP that would like to pursue compliance agreements should first approach their EPA Regional Office. NACWA is now working to set up a meeting with the top enforcement official for air issues at EPA Headquarters to discuss this matter further.

Regarding NACWA's May 2014 petition for reconsideration  of the rule, EPA indicated that they do not plan to grant the petition and that no formal response to the petition is being developed. The Agency, however, also suggested that some concerns raised by NACWA in the petition, as well as provisions of the rule that the D.C. Circuit remanded to EPA as a result of NACWA’s earlier legal challenge, will be addressed in some manner during their upcoming, CAA-mandated review of the standards in 2016. NACWA will work closely with EPA during that review when it begins next year.

On January 6, NACWA members met with EPA staff via conference call to discuss a range of rule implementation issues. A recording of the call is available for those who missed the discussion. NACWA will be providing written clarification on a few issues from the call after following up with EPA.

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

Pennsylvania’s High Court Delivers Major Victory in Biosolids Land Application Case

On December 21, the Pennsylvania Supreme Court issued a unanimous decision in support of the land application of biosolids. The case - Gilbert v. Synagro - addresses whether biosolids application is an agricultural activity that is protected under Pennsylvania right-to-farm laws  and represents the first time that any state supreme court has addressed the practice of land application of biosolids under right-to-farm acts (RTFAs).

To receive protection under the state RTFA, the operation must be a "normal agricultural operation." The state Supreme Court held that the RTFA's definition of a normal agricultural operation calls for broad, categorical determinations "aimed at protecting farms now and in the future" and held that the practice of biosolids land application does indeed fall within the definition even though the practice is not specifically identified in the Act.

NACWA joined the Pennsylvania Municipal Authorities Association and NACWA Member Agency the Alleghany County Sanitary Authority (ALCOSAN) in filing an amicus curiae brief  in the litigation. The Association applauds the court's decision, which acknowledges and embraces the widespread use of recycled biosolids in the state and nationally.

While this precedent is only binding in Pennsylvania, all fifty states have enacted some form of RTFA. This decision will be very influential nationwide in future RTFA cases involving land application of biosolids. For more details on this case, see NACWA’s Litigation Tracking website or contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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

Energy

NACWA To Comment On Clean Power Plan Model Trading Rules

NACWA is preparing comments for EPA’s proposed rule  to establish a federal implementation plan and model trading rules for the Clean Power Plan. The proposed rule established two model trading rules that will be used for states that do not submit their own plan, or that can be adopted by states for their implementation plans. Energy derived from wastewater treatment is included in one of the model rules, and NACWA’s comments will seek to ensure that wastewater-derived energy is fully counted as a renewable energy alternative that states can use to meet their Clean Power Plan requirements. Comments are due January 21 and NACWA requests input from its members by January 18.

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

Funding & Financing

New Infrastructure Investment Center Announced

Secretary Sally Jewell announced on December 15 the establishment of a Natural Resource Investment Center (NRIC) within the Department of Interior. The Center is designed to spur investment in water conservation and infrastructure in the West through public-private partnerships via mitigation banking, increased water exchanges, and advanced wastewater treatment, reuse and desalination. 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 Sector Organizations Discuss Collaborative Effort On Affordability

NACWA met with representatives of the Water Environment Federation (WEF), the American Water Works Association (AWWA), the National Association of Water Companies (NAWC) and others on December 4 to discuss the organizations’ joint project to explore the use of low income assistance programs by clean water utilities and state and local barriers to the use of variable rate structures, subsidy programs and other forms of assistance. 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

Pretreatment & Pollution Prevention

NACWA Supports Proposed Ban On Flushing of Hazardous Waste Pharmaceuticals

NACWA submitted comments on December 23 on EPA’s proposed rule, Management Standards for Hazardous Waste Pharmaceuticals, supporting the proposed ban on healthcare facilities “disposing of hazardous waste pharmaceuticals down the toilet or drain.” NACWA supported the broad range of healthcare facilities included in the proposal, such as pharmacies, coroners, and long-term healthcare facilities, and recommended that the proposal be clarified so that the ban also applies to septic systems and decentralized wastewater treatment systems, not just to sewers leading to publicly owned treatment works (POTWs). 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 .

Save The Date For NACWA’s Pretreatment & Pollution Prevention Workshop, May 18-20

The NACWA National Pretreatment & Pollution Prevention Workshop will be held May 18-20 at the Hilton Long Beach Hotel in Long Beach, California. Optional all-day training sessions will be held on May 17. More information will be posted soon on NACWA’s Conferences & Professional Development webpage. Suggestions for topics and presentations for the Workshop are welcomed.

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

Cybersecurity Act Included In Omnibus Bill

Legislation establishing a legal framework critical to encourage private entities to voluntarily share cybersecurity information with the federal government was included as part of the year-end omnibus spending package, but the legislation excluded a key provision opposed by NACWA and other water sector organizations. The Cybersecurity Information Sharing Act (CISA) requires the Director of National Intelligence and the Departments of Homeland Security (DHS), Defense, and Justice to develop procedures to share cybersecurity threat information with private entities, nonfederal government agencies, state, tribal, and local governments, the public, and entities under threats. The provision that would require recommendations on a regulatory regime for reporting cyber intrusions was removed, however. 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

Transportation Bill Includes Language On Stormwater Mitigation

The comprehensive transportation package passed by Congress in December included language that supports additional consideration for reducing and mitigating the impacts of stormwater runoff from surface transportation projects. The language, added to sections 134  and 135  of the existing transportation statute, does not create any new regulatory requirements but instead encourages transportation officials to explore opportunities to increase the resiliency of transportation systems while also minimizing impacts from stormwater runoff when engaging in transportation planning. This includes projects in metropolitan areas as well as more rural areas. 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 Urges EPA To Withdraw Proposed Federal Criteria For Washington State

NACWA filed comments  December 22 urging EPA Region 10 to withdraw its proposed human health criteria for the State of Washington. Over the past two years the Washington State Department of Ecology has conducted an extensive public engagement process to craft an approach to toxics control that would have provided more comprehensive protection than afforded by the Clean Water Act (CWA). However, EPA disagreed with key policy and risk decisions made by the state – decisions that the CWA reserves for the states alone – and followed through on its threat of federal promulgation, proposing its own criteria in a September 2015 Federal Register notice. 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 Comments On EPA Nutrient Study

NACWA filed comments  December 15 on an EPA study examining nutrient removal approaches at wastewater treatment plants. The draft document, Case Studies on Implementing Low-Cost Modifications to Improve Nutrient Reductions at Wastewater Treatment Plants, offers several case studies where wastewater treatment plants have implemented what EPA considers ‘low-cost’ modifications to remove nutrients. 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 Asks EPA To Consider Impacts Of Root Control Chemical

NACWA sent a letter  to EPA on November 24 asking the Agency to consider potential wastewater treatment plant interference in its registration review of diquat dibromide, a root control chemical. Diquat dibromide can be effectively used to control roots in wastewater collection systems, helping to prevent overflows and backups. However, if too much of the chemical is used in too short a time, it has the potential to interfere with the microorganisms used in the wastewater treatment process. 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 .

Resources, Upcoming Events and Comment Periods

• Deadline extended! Respond to the NACWA Index Survey by January 22, 2016. The NACWA Index is a critical advocacy tool and valuable information source for benchmarking and in developing rate proposals. If you have not received your utility-specific survey form via email, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
• Register for the Enabling Water Resources Utilities of the Future webinar series cohosted by EPA, NACWA, and WEF. The first webinar on January 21, 2016 from 3 - 4:30pm Eastern will feature NACWA members Jo Ann Macrina, Commissioner, City of Atlanta, Department of Watershed Management, and Nicholas Menninga, General Manager, Downers Grove Sanitary District.
• 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.
• 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.