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March 28, 2008

NACWA Asks Court for Valid Science, Stakeholder Input During BEACH Act Hearing

NACWA asked the U.S. District Court for the Central District of California to provide EPA with direction that allows for broad stakeholder input and valid science in developing studies to serve as the basis for new recreational water quality criteria.  NACWA’s arguments before the court were made March 24 in the case, Natural Resources Defense Council (NRDC) v. EPA, regarding the development of new recreational water quality criteria.  NRDC sued the agency in August 2006 for missing the deadline to develop the new criteria, established in the Beaches Environmental Assessment and Coastal Health (BEACH) Act of 2000.  NACWA intervened in the case to ensure the interests of the clean water community are represented and that any new criteria are based on valid science.

The March 24 hearing addressed cross motions for summary judgment filed by the parties that presented different arguments for how the court should order EPA to comply with the BEACH Act.  NACWA filed its Motion for Summary Judgment on October 2007 and stated at the hearing that the court should require that both the studies and the criteria be developed “after consultation and in cooperation with” local health officials and other interested parties, including NACWA members who have responsibility for implementing the BEACH Act criteria in their own jurisdictions.  NACWA stressed the importance of stakeholder input in the development process, including the opportunity to review the scientific data used by EPA to develop the criteria and to propose additional studies if necessary.  NACWA will continue to track any developments in the case and report on the court’s ruling when it is released.  Additional information on this case can be found on the Litigation Tracking section of the NACWA Member Pipeline.

EPA Releases Climate Change Strategy for Water; NACWA to Comment

EPA’s Office of Water released its long-awaited draft National Water Program Strategy: Response to Climate Change for public review today.  The draft document, available at http://www.epa.gov/water/climatechange/, represents EPA’s “initial effort to evaluate how best to meet our clean water and safe drinking water goals in the context of a changing climate.”  NACWA will review the Strategy and issue a Regulatory Alert next week that will contain more details about the Strategy and seek member input for the Association’s public comments, which are due May 27.  This document will also help ongoing efforts to develop a water sector message on climate change.  Please contact Cynthia Finley at 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 or at (202) 296-9836 with any questions.

NACWA Continues to Push House T&I Committee on Wastewater Security Jurisdiction

Following up on several positive meetings over the past weeks with majority staff of the House Transportation and Infrastructure (T&I) Committee over chemical security legislation, NACWA met this week with minority staff on the issue.   The meetings relate to the Chemical Facility Anti-Terrorism Act of 2008 (H.R. 5577), introduced by Rep. Bennie G. Thompson (D-Miss.), chairman of the House Homeland Security Committee earlier this month that directs publicly owned treatment works (POTWs) to adhere to the same security requirements, issued in 2007, as private chemical companies.  Currently, POTWs are exempt from the so-called Chemical Facility Anti-Terrorism Standards (CFATS).  NACWA sent a letter March 20 to leaders of the T&I Committee requesting that they assert jurisdiction over security issues at wastewater treatment plants.  The minority staff said they would continue to push for jurisdiction and said that NACWA’s March 20 letter was very helpful and was being shared broadly among the committee’s members and staff.  Although it is highly unlikely that H.R. 5577 will pass this year, these discussions are critical in setting the stage for what will be a major issue next year.  As such, NACWA encourages its members to share the letter with their representatives in Congress.  If you have any questions regarding this issue, please contact 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.

Deadline to Apply for NACWA’s Peak Performance Awards is Fast Approaching

Applications for the 2007 Peak Performance Awards Program are due by Tuesday, April 11.  The awards acknowledge member agency facilities for excellence in wastewater treatment as measured by their compliance with their National Pollutant Discharge Elimination System (NPDES) permit requirements.  Member agencies are encouraged to submit their applications as soon as possible.  More information on the 2007 Peak Performance Awards is available on the Awards section of NACWA’s website or in the Special Member Alert sent March 12.  Please contact Mark Hoeke at mhoeke@dfinet.ch This e-mail address is being protected from spam bots, you need JavaScript enabled to view it or 202/361-7446, with any technical questions you may have regarding the application form.  General questions regarding the awards program should be directed to Kelly Brocato at kbrocato@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

April 14 Hotel Deadline for NACWA/WEF Policy Forum Nears – Reserve Today!

The hotel deadline for the NACWA/Water Environment Federation (WEF) National Clean Water Policy Forum, May 4-7, 2008, is rapidly approaching.  Since this is an extremely busy season for hotels in Washington, D.C., 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.

The presidential election is heating up, and congressional elections will be in full-swing soon.  There is no doubt that a change in administration will broadly impact wastewater treatment plants, with an increasing focus on issues ranging from climate change, sewer overflow notification, chemical security, nutrient removal, and pharmaceutical concerns — to name but a few.  To help put this all into political perspective, the Policy Forum will feature Stuart Rothenberg as the keynote speaker.  He is editor and publisher of The Rothenberg Political Report, a non-partisan political newsletter covering U.S. House, Senate, and gubernatorial campaigns, presidential politics, and political developments.  The Policy Forum will also feature key policymakers who will discuss their clean water priorities, which will have broad impacts on the clean water community.  Those invited to speak include Sen. Barbara Boxer (D-Calif.), chair of the Senate Environment & Public Works Committee; Rep. Eddie Bernice Johnson (D-Texas), chair of the Transportation & Infrastructure Subcommittee on Water Resources and Environment; Earl Blumenauer (D-Ore.), of the House Ways and Means Committee; and Ben Grumbles, EPA assistant administrator for water, among many other notable speakers and guests.  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.

Several NACWA Member Agencies to Participate in “Earth Hour” Tomorrow

In an effort to demonstrate the impact individuals can have on climate change, several U.S. cities are participating in Earth Hour, a World Wildlife Fund promotion during which residents and businesses agree to turn off all non-essential lights from 8-9 p.m. local time on Saturday, March 29.  Chicago will serve as the flagship city for Earth Hour, with Atlanta, Phoenix, and San Francisco joining as leading partners.   NACWA Board Member Dick Lanyon, general superintendent of the Metropolitan Water Reclamation District of Greater Chicago, sent a memo to his Board of Commissioners and all employees detailing his plans to curb energy use by 8,000 kilowatts at six of his agency’s water reclamation plants during the hour, a reduction of 12 percent, if weather and other conditions allow.  In addition, all departments are asked to observe Earth Hour by reducing electrical usage by curtailing lighting and other electrical appliances deemed non-essential.

The first Earth Hour event took place last year in Sydney, Australia.  NACWA members can use Earth Hour to demonstrate not only their ongoing commitment as stewards of the environment but to send the message that climate change is fundamentally a water management issue that can have broad implications for clean water agencies.