ARCHIVE SITE - Last updated Jan. 19, 2017. Please visit www.NACWA.org for the latest NACWA information.
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March 21, 2008 NACWA Pursues Meeting with EPA, States on Nutrient Issues; Seeks Member InputNACWA has been working this week to convene a meeting with EPA and representatives from the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA) to discuss several nutrient issues, including the capabilities of current removal technologies. Nutrient issues have been front and center in recent weeks after the Natural Resources Defense Council (NRDC) filed a petition seeking to change the definition of secondary treatment to include nutrient removal, and ASIWPCA sent a letter suggesting that a technology-based approach may be the best way to address nutrient pollution. While ASIWPCA has since clarified that it is not advocating national technology-based standards for nutrients, state regulators are nevertheless facing serious obstacles in their efforts to develop meaningful nutrient criteria through water quality-based programs that will satisfy EPA. During a recent meeting to discuss progress in developing nutrient criteria in EPA Region V, several states expressed concern that they could not correlate their data on nutrients in streams with actual water quality impacts, calling into question the validity of set numeric limits for nutrients. This frustration in the criteria development process has sparked interest in some states for pursuing a technology-based approach. In one state, concerns about nutrient pollution have led to the consideration of best available technology requirements for new or expanded discharges. NACWA hopes that a meeting with EPA and ASIWPCA will open a productive dialogue on the issue, including the capabilities of current removal technologies, the difficulties in developing meaningful numeric water quality criteria, and opportunities for addressing nonpoint contributions as the major source of nutrient pollution. NACWA is interested in hearing from its members on efforts in their states to address nutrients. In particular, NACWA would like to learn if other states are considering technology-based approaches in lieu of or in addition to ongoing attempts to develop numeric water quality criteria for nutrients. If you have information on efforts in your state, please contact Chris Hornback at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . NACWA Wins Important Legal Victory in DCWASA Permit Appeal CaseEPA’s Environmental Appeals Board (EAB) issued a ruling March 19 supporting a NACWA argument that discharge permits should include compliance schedules for implementing long-term control plans (LTCPs) for addressing combined sewer overflows (CSOs). The case involves an appeal by the District of Columbia Water and Sewer Authority (DCWASA), a NACWA member agency, over a permit for its Blue Plains Advanced Wastewater Treatment plant that did not contain a compliance schedule for implementation of DCWASA’s LTCP, nor for implementation of new nitrogen reduction limits. NACWA and the Wet Weather Partnership (WWP) filed a joint brief supporting DCWASA’s position and discussing the importance of compliance schedules in permits for CSO communities, particularly if the permit contains nutrient reduction requirements. The EAB decision agrees with NACWA’s position and requires the permit be reissued with the appropriate compliance schedules. NACWA is still reviewing the decision and will provide a more detailed analysis next week. Additional information on the case and copies of NACWA’s previous filings can be found on the Litigation Tracking page of NACWA’s Member Pipeline. NACWA Urges Key House Committee to Assert Jurisdiction over Wastewater SecurityNACWA sent a letter March 20 to Rep. James Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure (T&I) Committee, requesting that the committee assert jurisdiction over security issues at wastewater treatment plants. The letter follows a meeting NACWA attended March 18 with key committee staff in which the Association discussed its concerns. At issue is 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. A draft of the bill was reported out of the committee before it was introduced with amendments that seek to address some of NACWA’s concerns. The bill would direct 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). In the letter, NACWA argued that the House T&I Committee has traditionally had jurisdiction over wastewater infrastructure, the Clean Water Act, and related security needs. “Clearly, any new legislation focusing on security at wastewater treatment facilities should fall under the oversight of the T&I Committee,” the letter said. NACWA also pointed out serious concerns with H.R. 5577 including the potential to undermine work the Association, working through the Water Sector Coordinating Council (WSCC), has done with EPA and DHS to develop protocols for addressing and managing security concerns at POTWs. NACWA continues efforts to convince the House Homeland Security Committee that its wastewater utilities should be exempt from the bill and will also work with the House T&I Committee on jurisdictional concerns. U.S. House Members Send Letter to Appropriators in Support of the NBPNACWA and the Water Environment Federation (WEF) have been working together to generate broad support for restoring federal funding for the National Biosolids Partnership (NBP). The combined effort involved a strong campaign to contact members of Congress in targeted districts urging their support for the NBP, which had received about $1 million annually in federal support for nearly 10 years. No funding was contained in EPA’s fiscal year (FY) 2007 and 2008 budgets due to changes in Congress and restrictions on programmatic funding, and none was proposed for FY 2009. NACWA and WEF succeeded in getting a dozen House members to sign a letter urging a resumption of federal support for the partnership’s activities. This letter was sent to Reps. Norm Dicks (D-Wash.) and Todd Tiahrt (R-Kan.), the chair and ranking member, respectively, of the House Appropriations Subcommittee on Interior and Environment, which has jurisdiction over the EPA budget. NACWA would like to thank its members for their work on this matter, including the Board’s Feb. 6 Resolution in support of federal NBP funding. Similar efforts to garner the support of key Senators are also underway and several have already committed to supporting this effort. NACWA will provide additional information to its members as it becomes available. NACWA Continues Advocacy Efforts on Climate ChangeClimate change issues continue to be a high priority for NACWA and the water sector as they develop a unified message that can be used in advocacy efforts. This is especially important because Congress is expected to vote in June on the Lieberman-Warner Climate Security Act of 2008 (S. 2191), which seeks to reduce current emissions by more than 15 percent by 2020 with additional reductions nearing 60 percent by 2050 through an economy-wide cap-and-trade program. POTWs would not be regulated under the cap as they fall well below the greenhouse gas (GHG) emissions limit of 10,000 carbon equivalents per year. However, NACWA wants legislators to understand that climate change is primarily a water issue even more than an air quality issue, as discussed during the 2007 Water Sector Forum on Climate Change. A summary of the discussions at the Forum is now available. NACWA is also drafting public comments on the newest version of EPA’s Inventory of Greenhouse Gas Emissions and Sinks. As in last year’s Inventory, the wastewater treatment category is the seventh largest source of methane and the sixth largest source of nitrous oxide. NACWA’s comments will focus on the methods EPA used that overestimate emissions for these GHG emissions and will continue to work with EPA on developing more accurate estimates. NACWA Musters Green Infrastructure Course Design TeamPursuant to the Memorandum of Understanding (MOU) signed last month, NACWA has assembled a design team to work with The Conservation Fund on a green infrastructure training course for POTWs and the public officials who oversee them. The team includes representatives from Albuquerque, Chicago, Cincinnati, Milwaukee, Philadelphia, and Portland, Ore. The design team includes a number of engineers with extensive experience working with green infrastructure at clean water utilities. All the team members are eager to work with The Conservation Fund and colleagues from across the country on this exciting project. NACWA will keep the membership posted as the course is developed. Registration Now Available for NACWA’s Summer Conference, Annual Meeting in AlaskaRegistration is now available for NACWA’s 2008 Summer Conference, The Future of Clean Water is Now! How Next Generation Issues are Impacting Utilities Today, & 38th Annual Meeting. Join your colleagues in Anchorage, Alaska, July 15-18, for this very timely conference that will explore the next generation of clean water challenges and how to address them. With 35 years of Clean Water Act (CWA) regulation in place, municipalities now face new and global changes, many of which are simply beyond what the CWA’s architects envisioned. NACWA’s Summer Conference will explore many of the ‘next-gen’ challenges that are already manifesting themselves and discuss the new approaches that will guide us through the next 35 years of clean water progress. Make your plans today! Call the Hilton Anchorage at 907/272-7411 to guarantee the special conference rate of $210 single/double. Register for NACWA/WEF 2008 Policy Forum! |