Clean Water Current Archive

April 4, 2008

NACWA Questions EPA on Wet Weather Enforcement Policy, Requests Member Input

NACWA asked EPA in an April 4 letter to clarify current guidance to the agency’s regional offices regarding federal enforcement of wet weather issues, including combined sewer overflows (CSO) and sanitary sewer overflows (SSO).  The letter to the Office of Enforcement and Compliance Assurance (OECA) follows reports from municipal utilities and state regulatory agencies in Regions V and VI that EPA officials have recently discussed a "new enforcement initiative" from EPA Headquarters on wet weather issues, particularly CSOs and SSOs.  The NACWA letter specifically requests clarification on whether there have been any updates or revisions to the April 2005 EPA guidelines on wet weather enforcement or whether new guidelines have been promulgated.

This development is of potential concern, and NACWA would like to know of other member agencies who have heard similar information about a new wet weather enforcement initiative from any of EPA’s regional offices.  Any information can be directed to Keith Jones, NACWA’s general counsel, at 202/533-1803 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .  NACWA will continue to track this issue and report on any developments.

Washington State Appeals Board Embraces NACWA Position on Stormwater Permits

The Washington State Pollution Control Hearing Board (PCHB) issued a preliminary ruling April 2 in an appeal of state stormwater permits, holding that the federal Clean Water Act (CWA) does not require strict compliance with state water quality standards in stormwater permits.  This decision echoes the position taken by NACWA and the National Association of Flood & Stormwater Management Agencies (NAFSMA) in a joint brief filed in the case and represents a victory for NACWA and NAFSMA members.  The hearing board also agreed with NACWA and NAFSMA that neither the federal Phase I and Phase II stormwater regulations nor the federal National Pollutant Discharge Elimination System (NPDES) permit regulations require strict compliance with state water quality standards.  Late last year, NACWA’s Washington members appealed their state stormwater permits and asked the Association to file a brief clarifying that the federal CWA only requires stormwater permits to require control of pollutants under the maximum extent practical (MEP) standard, not strict compliance with state water quality standards.  The hearing board has not yet ruled on other issues in the appeal, but NACWA will continue to track the case and report on any developments.

NACWA, WIN Participate in Meeting with Rep. Eddie Bernice Johnson on Funding

NACWA and other members of the Water Infrastructure Network (WIN) met today with Rep. Eddie Bernice Johnson (D-Texas), chair of the House Transportation and Infrastructure (T&I) Subcommittee on Water Resources and Environment, to update her on concerns about clean water infrastructure funding and urge her continued support for trust fund legislation. Congresswoman Johnson said it is “a critical time for water” and indicated she has met with House Speaker Nancy Pelosi (D-Calif.) and others on ways to fund water infrastructure needs sooner.  She spoke of the need to address the wastewater infrastructure crisis both at the local level and at the regional level, such as in the Great Lakes and the Chesapeake Bay areas.  "Cleaning up these bodies of water is massive, massive job,” she said.  She also discussed the importance of educating the public about the value and role of clean water infrastructure.  Those attending the meeting thanked her for signing a letter in January to the Government Accountability Office (GAO) requesting a study on revenue sources for a clean water trust fund.

In related news, WIN will soon send a letter to the leadership of the Senate Environment and Public Works Committee urging them to move quickly to introduce legislation to reauthorize the Clean Water State Revolving Fund.  NACWA and WIN will continue to work with Chairwoman Johnson and others on the House T&I Committee to promote public education on this critical issue and to support the introduction and passage of a clean water trust fund bill.

NACWA Requests EPA to Clarify Use of 50 POTW Study Data

NACWA asked EPA, in a March 31 letter sent to the Engineering and Analysis Division in the EPA Office of Water, to clarify how the 1982 Fate of Priority Pollutants in Publicly Owned Treatment Works, commonly known as the “50 POTW Study,” should be appropriately used in setting permit limits for indirect dischargers.  Through a Targeted Action Fund (TAF) project, NACWA has been engaged in a dialogue with EPA about a collaborative effort to update the 50 POTW Study, but this type of update will not be possible in the near future due to its complexity and expense.  Some states still mandate that POTWs use data from the 50 POTW Study when calculating maximum allowable headworks loadings (MAHLs).  This results in local limits that are too stringent because, as stated in NACWA’s letter, “treatment technologies at most POTWs have vastly improved since the Study was completed, and pretreatment programs have significantly reduced concentrations of pollutants, which impact treatment plant removal efficiency values.”  NACWA prepared a draft memo that EPA can use, outlining the hierarchy of data that should be used in calculating allowable MAHLs.  In this proposed hierarchy, site-specific data is the preferred basis for calculating allowable MAHLs, and the 50 POTW Study data should only be used when no other more current, applicable data is available.  NACWA will notify members of EPA’s response to this request and will keep them apprised of any developments related to this important issue.

CSO Workshop Promises Informative, Engaging Program

Space is still available to register for the 2008 CSO Workshop sponsored by NACWA and the Wet Weather Partnership (WWP).  This year’s Workshop will be held April 17-18 at the Drake Hotel in Chicago and will deliver an outstanding program for municipal officials and their consultants and attorneys who oversee their communities’ combined sewer overflow (CSO) control programs.  This popular annual conference addresses the specific needs of CSO communities by focusing on water quality compliance strategies and evolving cutting-edge issues in long-term CSO control plan development.   Benjamin Grumbles, EPA assistant administrator for water, will deliver the keynote address.   The agenda also features many of the nation’s top CSO experts speaking on a variety of issues, including financial capability and affordability considerations, developments in CSO long-term control planning, and emerging issues in stormwater and CSO litigation.  Additionally, the Workshop will include discussions about how to incorporate green infrastructure and low-impact development solutions in CSO remediation plans.  More information on the Workshop, including registration forms and a copy of the agenda, can be found by clicking here.

NACWA to Participate in Webcast on Critical Role of Clean Water Infrastructure

NACWA members and staff will participate in a free webcast April 9 on how to get recognition from public officials and the media by using the public education tool, Water is Life and Infrastructure Makes it Happen™. NACWA has partnered with the Water Environment Federation (WEF) this year in promoting Water is Life to educate the public about the critical role infrastructure plays in ensuring clean and safe water and the need to maintain it.  Communications professionals from the Metropolitan Water Reclamation District of Greater Chicago and the Allegheny County Sanitation Districts (ALCOSAN), both NACWA member agencies, will participate and discuss media strategies.  Others will also provide tips on working with public officials, especially in the upcoming election season, to ensure water and wastewater infrastructure is part of the debate.  NACWA staff will provide an overview of current congressional activities to address infrastructure funding.  This webcast will air April 9 at 2 p.m. (EDT) and is free and available to all who are interested.  Please reserve by signing on at https://www1.gotomeeting.com/register/589114086.  More information is available from Susie Bruninga at sbruninga@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or (202) 833-3280.

Key Leaders to Highlight NACWA/WEF Policy Forum; April 14 Hotel Deadline Nears

NACWA and the Water Environment Federation (WEF) have prepared a top-notch agenda for the 2008 National Clean Water Policy Forum, May 4-7.  Rep. Eddie Bernice Johnson (D-Texas), chair of the House Transportation and Infrastructure Subcommittee on Water Resources and Environment, and Rep. Earl Blumenauer (D-Ore.) of the House Ways and means Committee will be addressing the Policy Forum on their top priorities for this and the approaching 111th Congress.  The Policy Forum also offers a who’s who of leaders from the key agencies impacting water clean and safe water policy.  Bob Hirsch, associate director for water at the U.S. Geological Survey (USGS), will provide the opening address on May 6, 21st Century Water Challenges . . . the USGS Perspective.  As climate change and the movement toward a watershed approach increasingly dominate the water sector’s water quality and quantity outlook, the role of USGS is becoming increasingly significant.  Hirsch will discuss collaborative opportunities between USGS and the clean water community to address these challenges.

The Policy Forum will also feature the directors from EPA’s Office of Water key program areas focusing on their top clean and safe water priorities.  With the hotel deadline less than two weeks away we encourage you to reserve your hotel room as soon as possible.  To do so, please contact the Renaissance Mayflower Hotel at 202.347.3000 to guarantee the special conference rate of $285 single/double occupancy.  An updated agenda and registration material for the 2008 National Clean Water Policy Forum are available on NACWA’s homepage by clicking on the Register Now icon.

Early Planning Encouraged for NACWA 2008 Summer Conference

We encourage you to make your plans early to attend NACWA’s 2008 Summer Conference, The Future of Clean Water is Now!  How Next Generation Issues are Impacting Utilities Today, from July 15-18, 2008 in Anchorage, Alaska.  We have an exceptional program planned.  Online conference registration is currently available, a narrative agenda was posted today, and our room block at the Hilton Anchorage is filling up.  Please visit www.nacwa.org and click on the Register Now! icon for complete information.