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April 2016 Regulatory Update
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The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the April 2016 Regulatory Update.
Regulatory Perspectives – April 2016 Sound science. It’s a term that is thrown around a lot. Some use variations like ‘valid science’ or ‘sufficient scientific evidence.’ But what exactly does ‘sound science’ mean and should it be the only factor when developing Clean Water Act goals and objectives? NACWA’s strategic plan stresses that the Association will “advocate for properly promulgated clean water regulations and policies that are based on valid science and achieve environmentally-beneficial and cost-effective water quality improvements.” So valid science is critical, but the second half of that statement, focusing on water quality improvements, is also important. As you’ll read in this month’s Regulatory Update, EPA continues work to develop water quality criteria based on coliphage. The Agency is moving to publish draft criteria by the end of 2017. Coliphage-based recreational criteria could upend the current paradigm for pathogens, including how clean water utilities design and operate their disinfection systems. But is the science there to support EPA’s move toward coliphage? And if the science does support a move in that direction, does it translate into “environmental-beneficial and cost-effective water quality improvements” and protection of public health? NACWA and WERF commissioned an expert review of EPA’s science to date. The review’s conclusions pointed to an overall lack of information and data on whether the use of coliphage as an indicator will improve on our current approach. A more recent study that pooled data on more than 40,000 recreational users suggested that coliphage were no better than our current indicators. While EPA’s data suggest that coliphage could be an adequate indicator, at this time it does not appear that a change to coliphage will significantly advance water quality or improve protection of human health. EPA is not planning to conduct any further studies of coliphage and its linkages or lack thereof to recreational user illness. It does not believe it has the time or resources to do so. But moving forward now, without clear evidence that such a major change will result in measurable and meaningful improvement in water quality and human health protection, is simply unacceptable. NACWA remains committed to ensuring that EPA’s next steps are both scientifically valid and will achieve environmentally-beneficial and cost-effective improvements. The Association will be working hard over the coming months, and in collaboration with WEF and WERF, to educate EPA policymakers on the implications for the clean water community. – 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
Comments on MS4 Rule Recommend Flexible Hybrid ApproachNACWA submitted comments The Association's comments also reflect member input and concerns about the Agency's potential move away from narrative and BMP-based effluent limitations for stormwater discharges to more numeric limits. EPA proposed the MS4 General Permit Remand Rule (Remand Rule) in December, modifying the national small MS4 program to comply with the Ninth Circuit’s 2003 Environmental Defense Center (EDC) v. EPA ruling and a subsequent 2014 petition related to the decision. The proposal is intended to be a narrow procedural response to the Court’s requirements, but the potential impact of the proposal could be far reaching with significant consequences for permittees. NACWA also joined other national, state and regional stormwater associations to submit joint comments on the Remand Rule proposal from the National Stormwater Advocacy Network (NSAN). The NSAN comments NACWA and the NSAN will continue to work with EPA as they finalize the rule over the coming months. EPA must finalize the rule by November 2016. 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 Proceeding with Development of Coliphage CriteriaEPA is continuing its efforts to develop recreational water quality criteria using coliphage as an indicator for viruses, although the Agency’s timetable has slipped somewhat since NACWA first learned of the Agency’s work. EPA is now targeting the end of 2017 to propose draft recreational criteria for coliphage. EPA outlined its new schedule during the 2016 Recreational Waters Conference held in New Orleans April 12-15. During a session dedicated to coliphage research, EPA provided an update on a recent experts workshop the Agency held in March. While NACWA was not permitted to participate in the workshop, an expert review Based on EPA’s summary and other presentations during the conference, data are still lacking that clearly link coliphage with illness levels. Where data are available, they suggest that the linkages are no better than the current indicators. NACWA is working to set up a briefing on the issue for its members and is hopeful that EPA will provide access to the presentations from 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 . EPA Brings Message of Leadership, Collaboration and Innovation to Policy ForumSenior officials from EPA’s Office of Water provided their perspective on a range of priority issues during the National Water Policy Forum & Fly-In April 11-13, including ongoing work in Flint, Michigan to restore a safe drinking water supply system and rebuild the community’s confidence in the regulatory oversight process. Joel Beauvais, Deputy Assistant Administrator for the Office of Water, addressed Forum attendees and encouraged utilities to view themselves as “agents of change”. Providing leadership on areas such as climate change, nutrients and the Utility of the Future will lead to the “best helping the rest” Beauvais said, where top-performing utilities can lead by example and help to bring broader change to the water sector. EPA also participated in a panel discussion with the directors for the Office of Water’s four main divisions and a series of roundtable discussions. Beauvais has encouraged the water office directors to look across the office and beyond their programmatic silos to explore new ways of achieving clean and safe water. When questioned about how to best make progress in the future, the water office directors stressed the importance of integrated water management but also recognized that obstacles remain, including ensuring that concepts discussed at the headquarters level are not lost as they are pushed out to the regions. 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 and Resilience
NACWA Weighs in on Greenhouse Gas InventoryNACWA submitted comments Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Resilience Study Nears CompletionNACWA President Adel Hagekhalil presented the water sector Study Group’s final conclusions to the National Infrastructure Advisory Council (NIAC) Working Group on March 14, and to White House officials on March 15. Hagekhalil leads the NIAC Study Group, which has coordinated with dozens of industry, academic, cybersecurity, and resilience experts throughout development of its recommendations. The Study Group’s complete findings and conclusions were submitted to the Working Group in a final Summary Report. The NIAC was formed by President Obama via Executive Order to assess resilience challenges and provide recommended changes across sixteen core infrastructure sectors. The Working Group will now make their edits to the draft study and provide the final report to the President and National Security Council this summer. The Water Sector Coordinating Council (WSCC), which oversees utility partnership with federal agencies on matters related to security and emergency preparedness, convened via web meeting on March 9 to receive a briefing on the Study Group’s report and provide input. 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 . Flushables
NACWA Supports State Toilets Are Not Trashcans Initiatives and Continues Work on Wipes Flushability GuidelinesThe Association is actively supporting state and local initiatives as part of its Toilets Are Not Trashcans campaign. Minnesota is considering state legislation that would require specific “do not flush” labeling on packages of non-flushable wipes, as well as flushability standards for wipes marked as flushable. NACWA sent letters on March 23 Wipes have been a focus of the Toilets Are Not Trashcans campaign, and the Association is currently working with the Water Environment Federation (WEF), the American Public Works Association (APWA), and INDA (the trade association of the nonwoven fabrics industry) to improve the INDA labeling Code of Practice and flushability guidelines. These initiatives are expected to be completed later this year, but since both are voluntary, legislation such as Minnesota’s may be needed to ensure compliance by the wipes industry. Read the full story from the Clean Water Current. Work on updating the flushability guidelines continued during an April 6 meeting, with the associations sharing new experimental data that demonstrates the behavior of various wipes when flushed into sewer systems. The labeling Code of Practice workgroup met on April 7 and developed a potential path forward for updating the Code and use of INDA’s “do not flush” logo, with a goal of releasing the new Code of Practice by September. NACWA and several representatives from Member Agencies participated in both meetings. 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 .
Green Infrastructure
GAO Initiates Report on Green InfrastructureNACWA met with representatives from the Government Accountability Office (GAO) April 6 to provide input on an upcoming report on how green infrastructure is being used by communities to manage urban stormwater. The report was requested by Senator Sheldon Whitehouse (D-RI), ranking member of the Senate Environment & Public Works Committee’s Fisheries, Water & Wildlife Subcommittee. If your utility is engaged in green infrastructure work and is interested in providing input to the report, please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it . GAO is also interested in what metrics and data are available. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Stormwater
Stormwater Thought Leaders Engage in National Policy DialogueAs part of Water Week 2016, NACWA, the Water Environment Federation (WEF), and the National Association of Flood & Stormwater Management Agencies (NAFSMA) convened 30 municipal stormwater thought leaders from around the nation on April 13 for a dialogue on advancing new stormwater policy initiatives in the United States. The dialogue prioritized actionable policy issues and identified potential policy objectives that the associations, as part of a broader municipal stormwater advocacy community, could work to achieve. Participants in the discussion expressed hope that it would serve as the beginning of an ongoing, longer-reaching series of strategy sessions. 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
Comments Sought on EPA Technical Report on Hydrologic AlterationEPA and USGS have released a draft technical report, Protecting Aquatic Life from Effects of Hydrologic Alteration, for public comment. NACWA is reviewing the document carefully and is coordinating its efforts to develop the Association’s comments with several key stakeholders. NACWA welcomes input from the membership and has in fact already received detailed comments from several Member Agencies. The comment period has been extended and will now close on June 17. Please send any input to Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by May 16. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . USDA Announces Next RCPP Application PeriodThe U.S. Department of Agriculture (USDA) released an Announcement for Program Funding on March 14 for the third round of Regional Conservation Partnership Program (RCPP) projects. RCPP was created in the 2014 Farm Bill and leverages local leadership to establish partnerships to work with landowners on landscape- and watershed-scale conservation solutions. Several NACWA members received RCPP funding in the most recent round. The application process begins with Pre-Proposals, which are due May 10, 2016. A total of $260 million is available nationally through this current round of funding. For more information and a link to application materials visit the USDA’s RCPP website.
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on March 21 to EPA on the Agency’s 
commissioned by the Association and WERF was provided to the experts. The review, funded in part by NACWA’s Targeted Action Fund (TAF), indicated that the available scientific literature regarding coliphages and health risks of water recreation is quite limited. A full summary of the workshop will not be available until early 2017.Join NACWA Today
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