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Member Pipeline
February 2016 Regulatory Update
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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the February 2016 Regulatory Update.
Regulatory Perspectives – February 2016 Later this month, NACWA will convene its Smart Utility Roundtable during the 2016 Winter Conference in San Diego to explore how utilities are increasingly using sensors, remote devices, and related technology to develop incredible new sources of data that are helping them operate their systems more efficiently. But the discussion will be more than just a ‘feel good’ collection of utility case studies using technology to improve their operations. The Roundtable will shine a light on how issues like big data, the Internet of Things (IoT) and smart utilities are setting the stage for the next generation of clean water. While utilities are already using these technologies, we are experiencing a quantum leap in terms of the capability to integrate all of this information and put it to good use, and that will have major implications for clean water utilities. But this is supposed to be a ‘regulatory perspective’, so how does this relate to the regulatory, Clean Water Act compliance world? Utilities are not the only ones who see the promise of big data. In fact, regulators and enforcement personnel are very interested in the promise of real-time information for determining compliance, measuring environmental impacts, etc. The key for the clean water community – and the reason why NACWA is convening its Roundtable in San Diego – is to ensure that we are in the driver’s seat when it comes to implementing smart utility systems. This is not an area where we want to be fighting EPA mandates or pushing back on EPA requirements. Instead, there is a real opportunity to take advantage of the power of this information and use it to demonstrate to EPA, state regulators, and even environmental activist groups that greater flexibility is needed in key areas -- and that this type of information can enable us to do our jobs more effectively and efficiently if given the chance. There are amazing opportunities ahead when it comes to technology and big data, and NACWA wants to ensure its members are well positioned to take advantage of it. We’ll be sharing more with the membership soon, including a discussion paper on smart utility issues, and welcome feedback as we work to incorporate these issues into our advocacy. EPA’s strategy to address nutrients remains almost entirely focused on more controls for clean water utilities. This is a paradigm that must change, and doing so will be a top priority for NACWA’s advocacy in 2016. – 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
Water Sector Groups Deliver Joint Message On Flint Water CrisisNACWA joined with other key national water sector organizations in delivering a joint message The statement acknowledges that the technical drinking water issues at the forefront in Flint are best addressed by the national drinking water associations, and it confirms a commitment by all the organizations to ensure questions related to specific issues are directed to the organizations best suited to respond effectively and knowledgeably. At the same time, the signatory groups commit to help lead a broader discussion on water infrastructure needs facing the nation – especially related to affordability – at the appropriate time. Organizations signing the statement include the American Water Works Association (AWWA), the Association of Metropolitan Water Agencies (AMWA), the National Association of Water Companies (NAWC), the U.S. Water Alliance, the Water Environment Federation (WEF), the Water Environment Research Foundation (WERF), the Water Research Foundation (WRF), and NACWA. The Value of Water coalition, of which NACWA is a member, also released a well-crafted statement regarding Flint outlining guiding principles to secure our water future. Additionally, AWWA is also providing key technical information on the lead-related issues in Flint. NACWA will continue coordinating with the broader national water sector organizations regarding this important national discussion. Contact: Nathan Gardner-Andrews at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Biogas Stressed In EPA Clean Power Plan Implementation Comments; Plan Put On Hold by Supreme CourtNACWA filed comments The proposed federal plan is intended to be the implementing framework for the CPP in those states not developing their own plan, and the model trading rules were developed to help states in crafting their own plans. In its comments, NACWA stressed that it is important for the federal plan, and both model trading rules, to specifically identify all of the energy-related activities at wastewater utilities, as mentioned in the CPP, to ensure the broadest use of biogas and biosolids as a renewable fuel nationwide. Although EPA was moving forward with regulations related to the CPP, the future of the rule is now uncertain. A coalition of 27 states filed litigation opposing the final rule, and on February 9, the U.S. Supreme Court issued an order staying the CPP until the D.C. Circuit Court of Appeals finalizes its review and the Supreme Court decides whether to hear any appeals if review is sought. The Supreme Court’s action comes after the D.C. Circuit denied a request to stay the rule before it hears oral arguments in the case in June. NACWA will monitor developments in the litigation and determine what advocacy might be appropriate while the CPP implementation is on hold. The Association strongly encourages its Member Agencies to work with their states to understand their impacts of the Supreme Court’s stay and to maximize the opportunities for the wastewater community if the CPP is eventually implemented. Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Stakeholders Urge Change In FDA Drug Disposal Recommendations And Introduction Of Federal Take-Back LegislationNACWA joined more than 70 water sector organizations, utilities and other stakeholder groups January 22 in urging the Food & Drug Administration (FDA) to end its recommendation that certain medications be disposed of by flushing. The letter The FDA's recommendations to flush certain medications have been a source of frustration for NACWA members for some time. The Association has worked on many fronts, including through its Toilets Are Not Trashcans campaign, to seek more consistent guidance from and coordination among EPA, FDA and the White House Office of National Drug Control Policy. In addition to urging the FDA to end its “flush list” recommendation, the letter also seeks to have the federal agencies work to create a single disposal guidance that is endorsed by all federal agencies and consistently used for all federal websites and materials. 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
NACWA, WEF Raise Concerns With ATSDR Review Of PBDEsNACWA and Water Environment Federation (WEF) members worked to compile comments on the Agency for Toxic Substances & Disease Registry’s (ATSDR) Draft Toxicological Profile for Polybrominated Diphenyl Ethers (PBDEs). In a letter filed January 14, NACWA echoed comments made by Member Agency the Hampton Roads Sanitation District, VA (HRSD), WEF, and the California Association of Sanitation Agencies (CASA) on the document’s handling of biosolids and land application. 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 . Biosolids Committee Discusses Legal, Regulatory DevelopmentsNACWA’s Biosolids Management Committee met via conference call on Jan. 28 to discuss a range of legal and regulatory developments. Jimmy Slaughter, Principal with NACWA Legal Affiliate Beveridge & Diamond, provided updates on two important legal issues – the Pennsylvania Supreme Court’s recent decision that biosolids are protected under the state’s right to farm laws and the upcoming trial in the fight over land application in Kern County, California. 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 .
Blending
EPA Files in Blending CaseEPA filed a brief Contact: Amanda Waters at 202/530-2758 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Funding & Financing
Survey Reaffirms Clean Water Needs, Underscores Data Collection FlawsNACWA welcomed the release of the long-awaited report from EPA’s 2012 Clean Watersheds Needs Survey. The Survey, conducted every four years, primarily captures more immediate investment needs – projects requiring action over a five-year period – to ensure compliance and proper operation needed to meet federal clean water mandates. The 2012 survey shows $271 billion in capital improvement needs for the nation’s wastewater infrastructure, including publicly owned wastewater pipes and treatment facilities ($197.8 billion); combined sewer overflow correction ($48.0 billion); stormwater management ($19.2 billion); and, recycled water distribution ($6.1 billion). 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 . Integrated Planning Survey To Result In Users’ GuideNACWA is assisting the Water Environment Research Foundation (WERF) as it conducts a national survey on integrated planning. The survey results will be used to develop a Users’ Guide to help communities better navigate the integrated planning process and obtain regulatory support for cost-effective and implementable integrated plans. The WERF project team is requesting your community’s response by no later than Monday February 29, 2016. 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 .
Stormwater
Stomwater Network Discusses Phase II Proposal, Comments Due March 21NACWA convened a meeting of the National Stormwater Advocacy Network (NSAN) February 5 to discuss EPA’s Phase II stormwater proposal. The proposal would modify EPA’s regulations for small stormwater systems to allow for more public input on state general stormwater permit requirements. The various options laid out in the proposal will affect each state differently depending on how their current general permit program (if they have one) is structured. Read the full story from the Clean Water Current. NACWA’s Stormwater Management Committee will be meeting on February 22 to further discuss the proposal and provide input on the Association’s planned comments on the 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 .
Utility of the Future
Utility Of The Future Issues Take Center Stage In Webinar SeriesThe Enabling the Water Resources Utility of the Future Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . White House Report Outlines Water Challenges & InnovationThe Obama Administration recently released a report Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Wet Weather
EPA Wet Weather Data Compendium Summary Under ReviewNACWA is reviewing a summary document released by EPA January 11, outlining data the Agency has collected on the performance of wastewater treatment during wet weather. An outgrowth of the Public Health Forum on blending EPA convened in 2014, the Agency compendium is intended to “highlight performance data for the spectrum of design and operational options associated with treatment of wet weather flows at municipal wastewater treatment facilities.” The new document summarizes the data the Agency has collected so far. 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
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to our respective memberships about the unfolding water crisis in Flint, Michigan. The message shows the common concern all the organizations share for the people of Flint and demonstrates a collaborative commitment to ensuring a swift and appropriate response to the situation. NACWA played a leading role in crafting the message.Join NACWA Today
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Targeted Action Fund
Upcoming Events
Winter Conference
Next Generation Compliance …Where Affordability & Innovation Intersect
February 4 – 7, 2017
Tampa Marriott Waterside Hotel 
Tampa, FL