ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
Member Pipeline
November 2016 Regulatory Update
 |
|
The National Association of Clean Water Agencies (NACWA) is pleased to provide you with the November 2016 Regulatory Update. Regulatory Perspectives – November 2016 The 2016 Presidential Election is over and the transition from the Obama Administration to the Trump Administration is starting to ramp up. Trump’s EPA transition team, headed up by Myron Ebell of the Competitive Enterprise Institute, a libertarian advocacy group based in D.C., was expected to arrive at EPA by the end of November. Between now and inauguration day, the transition team will be working to get briefed by existing staff to ensure a smooth handoff. While Trump signaled during the campaign that he would eliminate or greatly scale back EPA, that is unlikely and even the President-elect in an interview closer to the election indicated that he would instead concentrate on refocusing the Agency on its core missions of ensuring clean air and water. Trump has also said that he would like to scale back the number of environmental regulations. There are many hurdles, however, that will limit his ability to make major changes to existing regulations – including the Clean Water Rule that has been specifically call out as a target. Any changes or attempts to withdraw rules must go through the full administrative process and policy rationales for eliminating a rule must be strong enough to withstand legal challenge from environmental groups. In terms of issuing new regulations, Trump has said that he wants to eliminate two rules for each new regulation, but the George W. Bush Administration showed us that even a Republican-led EPA can be active on the regulatory front. At the Office of Water level, only two people will be leaving because of the election. All the career staff will remain the same and will continue to push existing priorities. In addition, we can also expect the environmental groups to increase their presence in the courts, bringing citizen suits where they believe EPA has failed to act and filing more legal challenges to compel EPA to exercise its mandatory duties under the Clean Water Act. The bottom line is that while much is still unknown about the Trump Administration, the clean water community must remain engaged and vigilant to continue to move its advocacy agenda forward and guard against unnecessary regulations and policies. More to come on the road ahead as we see who President-elect Trump will choose for EPA Administrator and Assistant Administrator for Water. – 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 StoriesNACWA Opposes EPA Nutrient Removal Survey MethodNACWA filed comments on November 18, opposing the U.S. Environmental Protection Agency’s (EPA’s) reliance on Clean Water Act Section 308 to distribute and compel responses to a screener questionnaire, which is the first phase of EPA’s multi-year study on nutrient removal performance at secondary treatment plants. As designed, the initial screener questionnaire would be distributed to all publicly owned treatment works (POTWs) nationwide, regardless of size or treatment technology. NACWA has been tracking this issue carefully since learning of the Agency’s efforts to develop the survey in May, raising concerns that the use of Section 308 would be problematic; and also questioning whether a massive nationwide study was the best way to evaluate opportunities for improvement in nutrient removal using only secondary treatment processes. The NACWA Board of Directors voted during its November 16 meeting to oppose the screener questionnaire, given its reliance on Section 308, but stressed that it remained committed to working with EPA to better understand the goals of the study. The Board also committed to working with EPA, the water sector and the states to collect any needed information—on a voluntary basis only—to make progress in this area. The Board of Directors felt strongly that the clean water community and EPA should have been working more collaboratively on this program from the beginning to identify the best path forward. Following the close of the comment period on November 18, EPA must address any comments before it proceeds to the next step of the process – gaining approval from the White House Office of Management and Budget to distribute the screener questionnaire. NACWA will remain engaged with EPA as it considers its next steps. Contact: Chris Hornback at 202/833-9106 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Water Coalition Engages Trump Transition TeamNACWA joined a coalition of water organizations to send a letter to President-elect Donald Trump’s transition team on November 18, outlining key priorities that the water sector would like to see addressed in the new Administration. The letter, spearheaded by the U.S. Water Alliance, urged the President-elect to make investment in water infrastructure a priority and noted the significant needs facing the clean water and drinking water sectors. The letter also requested Administration emphasis on addressing water affordability and investment in innovation. Other letter signatories included the American Water Works Association, the Association of Metropolitan Water Agencies, the National Association of Water Companies, the Water Environment & Reuse Foundation, the Water Environment Federation, the Water Research Foundation, and Water Reuse. NACWA is currently developing a separate transition document for the Trump Administration that highlights some of the Association’s advocacy priorities in more detail. 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 . NACWA Concerns Addressed in Newly-Released EPA Phase II Stormwater RuleEPA Administrator Gina McCarthy signed the final Municipal Separate Storm Sewer System (MS4) General Permit Remand Rule on November 17 to modify the national small MS4 program. NACWA leadership was pleased that many of the concerns raised by the Association over the proposed rule were addressed in the final regulation. EPA anticipates the rule will be published in the Federal Register during the week of November 28, and become effective 30 days after publication. The final rule satisfactorily addresses many of the issues NACWA, its members, and the Stormwater Committee raised in comments on the proposed rule earlier this year. Most notably, the final rule only makes procedural changes to the Phase II MS4 program and endorses a “Permitting Authority Choice” option for issuing MS4 general permits. This will allow a NPDES permitting authority to choose between two alternative means of establishing permit requirements in general MS4 permits, which is similar to the “State Choice” option from the proposal. EPA agreed with NACWA’s firm position that the final rule remain procedural in nature, and should not make any significant substantive changes to the MS4 program. The Agency also altered the final rule to clarify that narrative limits may still be used in MS4 permits and that the removal of the term “narrative” in the proposed rule was not meant to imply a shift away from narrative limits. The word “narrative” is included in the final rule as among the options that can be used when writing permit limits. NACWA strongly supported a hybrid permitting concept to allow for maximum flexibility for both permitting authorities and MS4s, and EPA has adopted this approach in the final rule. NACWA and its members have been tracking this process, and engaging with EPA for more than 18 months during this rule’s development (more detail to follow in a forthcoming Advocacy Alert). Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Energy
Water Associations Deliver Energy-Water White Paper to DOEA broad array of water sector associations delivered a white paper, The Energy Water Nexus: A Plan for Collaboration Between the Department of Energy and Water Sector, to the Secretary of the Department of Energy (DOE), Ernest Moniz, on November 1. The paper follows up on a September 7 meeting with the associations and Secretary Moniz to discuss greater integration between the water and energy sectors and the priorities of the water sector related to energy. Successful DOE-water sector collaborations, opportunities and challenges for the water sector, and a plan of action moving forward into the next Administration are outlined in the paper. The Water Research Foundation (WRF) took the lead in drafting the paper, and was joined by NACWA, the Water Environment & Reuse Foundation (WE&RF), the Water Environment Federation (WEF), the Association of Metropolitan Water Agencies (AMWA), the American Water Works Association (AWWA), the National Association of Water Companies (NAWC), and the U.S. Water Alliance. NACWA will continue to advocate for the energy priorities of its Member Agencies into the next Administration. Contact: Cynthia Finley at 202/533-1836 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Environmental Justice
EPA Releases Environmental Justice, Drinking Water ReportsEPA released its final EJ 2020 Action Agenda in late October, along with a report from its Local Government Advisory Council (LGAC) on drinking water issues. The EJ 2020 Action Agenda outlines how the Agency intends to address environmental justice (EJ) concerns and incorporate them into its work over the next four years. The document explains EPA’s plans to incorporate EJ issues into its rulemaking, permitting, and enforcement actions, emphasizing a desire to work collaboratively with state and local governments in addressing these concerns in a way that makes the most sense for local communities. The Agenda notes the importance of considering impacts on economically distressed populations as part of the overall EJ analysis. A blog post from EPA Administrator Gina McCarthy accompanying the Agenda specifically mentioned infrastructure issues in the context of EPA’s ongoing EJ work. Read the full story from the Clean Water Current. 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 .
Funding & Finance
Urban Water Grant Opportunity AnnouncedThe interagency Urban Waters program issued its 2017 request for proposals (RFP) on November 2 for the Five Star and Urban Waters Restoration Grant program. This grant program seeks to develop community capacity to sustain local natural resources for future generations by providing modest financial assistance to diverse local partnerships focused on improving water quality, watersheds and the species and habitats they support. NACWA has helped advocate for the Urban Waters program through the Associations’ participation in the Sustainable Urban Forestry Coalition. More information on the program and the webinar is available online. Approximately $2.5 million is available in grants nationwide under this RFP. Proposals are due by January 31, 2017. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
Pretreatment
DC Wipes Bill Takes Major Step Forward; NACWA Urges International StatementThe Council of the District of Columbia is considering the Nonwoven Disposable Products Act of 2016 legislation which would require wipes labeled “flushable” to meet flushability requirements, and non-flushable wipes to be clearly labeled with “Do not flush.” The Council’s Committee on Transportation & the Environment, chaired by Councilmember Mary Cheh, approved the draft legislation on November 7, 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
Water Sector Prepares to Update Security & Resilience RoadmapThe Water Sector Coordinating Council (WSCC), which oversees utility partnership with federal agencies on matters related to security and emergency preparedness, held its quarterly meeting in Arlington, TX, November 2 – 3. The meeting was hosted by NACWA Member Agency, the Trinity River Authority (TRA), and was the final meeting as Chair for former NACWA Board Member Patty Cleveland, one of the Association’s representatives to the WSCC and Assistant Regional Manager with TRA. Jonathan Reeves, Manager of the Office of Emergency Management for NACWA Member Agency DC Water, was elected as the next Chair of the WSCC. Reeves represents the Water Environment Federation (WEF) on the Council. 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 Management
Watershed RDA Stormwater Petitions Denied by EPA RegionsEPA Regions 9 and 3 have denied the 2015 petitions filed by the Natural Resources Defense Council (NRDC), American Rivers, the Clean Air Council, and local Waterkeeper groups. The petitions demanded that EPA exercise its residual designation authority (RDA) to permit private commercial, industrial, and institutional (CII) sites whose unpermitted stormwater discharges are contributing to violations of water quality standards in the Dominguez Channel and Los Cerritos watersheds in Los Angeles, and the Back River and Amy Creek Watersheds in the mid-Atlantic. 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 . EPA Announces New Stormwater Integrated Planning ToolEPA has announced a new stormwater planning tool intended to complement the Integrated Planning (IP) Framework to encourage more use of IP in the stormwater context. The step-by-step guide is intended to help communities develop long-term stormwater plans. Approximately $750,000 in technical assistance was awarded to five communities in five states/regions (Iowa, Pennsylvania, Mississippi, New Hampshire, and New Mexico) to develop plans using the new tool as national models. Those communities will also have access to, and beta test, a new web-based toolkit for the planning process. The web-based toolkit is anticipated to be available to the public in one to two years when the pilot program is completed. The financial assistance provided by EPA as part of this effort is more than double the amount of technical assistance EPA was able to award in 2014 to five communities to work on components of an IP. NACWA is also working to secure more federal financial assistance for IP efforts in the Fiscal Year 2017 budget. Contact: Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Dialogue Examines Market-Based Stormwater ManagementNACWA attended the National Network on Water Quality Trading's (NNWQT) Fall Dialogue - Market-Based Stormwater Management, in Washington, DC. Conservation, development, economic, regulator, and stormwater professionals came together to define a possible road map for using economic instruments in stormwater management programs. 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 .
|
Join NACWA Today
Membership gives you access to the tools to keep you up to date on legislative, regulatory, legal and management initiatives.
Targeted Action Fund
Upcoming Events
Winter Conference
Next Generation Compliance …Where Affordability & Innovation Intersect
February 4 – 7, 2017
Tampa Marriott Waterside Hotel 
Tampa, FL