Clean Water Current Archive

January 11, 2008

Water Sector Groups Discuss Strategy for Upcoming Chemical Security Bill

Following up on last week’s Water Associations Summit, representatives from the water sector met Jan. 10 to formulate a position for addressing chemical security legislation that is expected to be introduced in the coming weeks.  The House Homeland Security Committee is interested in introducing a bill soon that can be completed by the end of the year that would make permanent regulations issued in 2007 establishing security requirements for private chemical plants.  The draft version of the bill would remove the key exemption that applies to water and wastewater utilities.  NACWA, 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 National Rural Water Association (NRWA) agree that they should work together to ensure water and wastewater facilities continue to be exempt in the upcoming bill.  The water sector groups are scheduled to meet with the committee’s Democratic staff Jan. 16 to explain why legislation to address security at private, for-profit chemical companies should not be applied to water and wastewater facilities whose mission is to serve the public by providing clean and safe water.

In addition to removing the water and wastewater facility exemption, the draft bill contains provisions on inherently safer technologies (IST) that so-called high-risk facilities would be directed to use.  The water sector groups plan to discuss with congressional staff that IST and other provisions in the bill could ultimately interfere with their operations and that such decisions should be left to the local utility.  The water sector groups will continue to discuss a position on which agency — the Department of Homeland Security (DHS) or EPA — should have jurisdiction over water and wastewater facility security.  In addition to the meeting next week, NACWA is working with various member agencies in targeted congressional districts urging them to contact their representatives on this extremely important issue.  NACWA will continue to provide updates on this issue as they occur.

NACWA, Water Sector Organizations Urge EPA to Complete Climate Change Strategy

NACWA and the co-sponsors of the December 2007 Water Sector Forum on Climate Change sent Ben Grumbles, EPA assistant administrator for water, a letter Jan. 8 urging the agency to move expeditiously to release its draft strategy on climate change.  The letter, signed by NACWA, WEF, AMWA, and the Western Coalition of Arid States (WESTCAS) highlighted the importance of collaboration on this issue and offered to have municipal water sector organizations work more closely with EPA as it finalizes its strategy.  To date, EPA has provided very little insight into the contents of its strategy and only solicited input from the water sector very early in the process.  NACWA had anticipated release of the draft before the end of 2007, but will continue to urge EPA to release it as soon as possible.

NACWA Meets with EPA to Address Regulation of Biosolids Incinerators under CAA

NACWA met with Bob Meyers, EPA's top air official, Jan. 9 to discuss the Agency’s plans to reconsider regulating biosolids or sewage sludge incinerators (SSIs) under Clean Air Act (CAA) provisions on solid waste incinerators instead of those governing toxic emissions.  At the meeting, NACWA emphasized its longstanding belief that SSIs should be regulated under Section 112 of the act, which covers toxic emissions, rather than the Section 129 solid waste incinerator provisions.  NACWA said that regulation under Section 129 would result in many SSIs nationwide being forced to close.  Facilities would have to meet numeric limits  for particulate matter, sulfur dioxide, nitrogen oxides, hydrochloric acid, carbon monoxide, cadmium, mercury, lead, dioxins, and furans.  New SSIs would be required to meet best available control technology limits, and existing SSIs would be subject to the average emissions levels achieved by the best performing 12 percent of units in the category.  Under Section 112, SSIs would be regulated as area sources subject to significant yet less stringent emissions standards.

EPA regulations for commercial and industrial solid waste incinerators were vacated in June 2007 by the D.C. Circuit Court of Appeals in Natural Resources Defense Council v. EPA in a case relating to EPA’s past determinations about which incineration units should be handled under Section 112 versus 129.  While the Other Solid Waste Incinerator (OSWI) rule was not specifically addressed in the case, EPA Office of General Counsel has indicated that the decision requires the Agency to also reconsider the December 2005 final OSWI rule in which it determined that SSIs are not OSWIs and should be covered under Section 112.  Reconsideration of the OSWI rule will trigger a new rulemaking process during which EPA must again determine whether SSIs are OSWIs subject to Section 129.  NACWA has long maintained that biosolids are not solid waste, and therefore are not subject to Section 129.  NACWA will be working to ensure EPA has sufficient justification to again conclude that SSIs are subject to Section 112, not 129 of the CAA.

NACWA Files Key Motion in BEACH Act Case

NACWA filed a motion Jan. 8 challenging arguments EPA made in December as part of the litigation in the Beaches Environmental Assessment and Coastal Health (BEACH) Act case.  NACWA’s motion in Natural Resources Defense Council (NRDC) v. EPA countered EPA’s assertions in its December Cross Motion for Summary Judgment that the court does not have discretion to order the Agency to complete the necessary scientific studies as directed by Congress.   The case involves a lawsuit filed over EPA’s failure to develop new recreational water quality criteria as required by the BEACH Act.

NACWA said the court should rule in favor of the plaintiffs because the BEACH Act directs EPA to perform necessary scientific studies to develop new recreational water quality criteria and the Agency has thus far failed to meet its requirements under the Act.  The hearing is scheduled for Feb. 11 before the U.S. District Court for the Central District of California.  NACWA is participating in the case to ensure that any court ruling provides sufficient time for EPA to develop appropriate criteria.  NACWA filed its own Motion for Summary Judgment in October, and the February hearing will resolve the crossing motions filed by the various parties in the case and provide grater clarity on how EPA will move forward with criteria development.  NACWA will report to the membership on any developments.

NACWA Needs Your Index Data, Submittal Deadline is January 18!

NACWA needs your agency’s data for the 2007 NACWA Index survey by Jan. 18.  We still need more responses to ensure the survey results are as meaningful as in past years.  If you are not sure whether your agency already has submitted its data, or if you would like us to resend your survey form, please send an email to Chris Hornback, 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 .  More details on the survey and information on submitting your responses via CleanWater Central are available in Member Update 07-19.

Secondary Treatment Petition Comments Due by January 18

A reminder that members have one more week to submit comments on the NRDC’s Nov. 27 petition for rulemaking to require secondary treatment standards for nutrient removal at publicly owned treatment works  (POTWs).  All comments should be submitted to NACWA by the close of business on Friday, Jan. 18.  NRDC’s petition, which is analyzed in greater detail in Legal Alert 07-07, argues that removal of nitrogen and phosphorus can be achieved as part of secondary treatment with currently existing technologies and relatively little cost to POTWs.  NACWA is concerned about claims in the petition, including potential cost implications for municipalities, and requests member comments to aid in drafting a response to the petition.  It is very important that we receive feedback from members regarding the petition so that we can better craft a response to EPA, so please send us your thoughts!  All comments can be submitted to Nathan Gardner-Andrews at ngardner-andrews@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Winter Conference Hotel Deadline is Monday!

A limited number of rooms are still available at NACWA’s 2008 Winter Conference hotel, but the deadline to reserve at the conference rate of $209 is Monday, Jan. 14.  The conference, Creating Tomorrow’s Utility Today . . . Keys to Management Success, will be held Feb. 5-8 at the Pointe Hilton Tapatio Cliffs Hotel in Phoenix.  This year’s conference will examine what it takes to successfully manage clean water utilities today and tomorrow by focusing on the keys to management success.  Call the hotel directly at 602.866.7500 as soon as possible to make a reservation.  After Monday, Jan. 14, the Hilton will not be able to guarantee the rate or a room at the hotel.  Other hotels that may have rooms are:

Embassy Suites Phoenix North, 2577 W. Greenway Road (approximately 20-25 minutes drive from Pointe Hilton Tapatio Cliffs). Rate: $349, plus applicable taxes.  Call hotel directly at 602.375.1777 or book on-line.

Hampton Inn Phoenix-Midtown-Downtown, 160 West Catalina Drive.  Rates from $189, plus applicable taxes. Call hotel directly at 602.200.0990 or book on-line.

The Clarendon Hotel (Boutique hotel), 401 West Clarendon Ave. (approximately 10-15 minutes drive from Pointe Hilton Tapatio Cliffs).  Rates from $139, plus applicable taxes. Call hotel directly at 602.252.7363 or book on-line.

Wyndham Phoenix Downtown, 50 East Adams St. (approximately 10-15 minutes drive from Pointe Hilton Tapatio Cliffs).  Rate from $239, plus applicable taxes.  Call hotel directly at 602.333.0000 or book on-line.

If you are currently holding a room at the Pointe Hilton Tapatio Cliffs and are no longer planning to attend the 2008 Winter Conference, please contact Nirah Forman (phone: 202.833.8418; e-mail: nforman@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) prior to cancelling your reservation so that your room can be assigned to another attendee.

Contact Nirah Forman (phone: 202.833.8418; e-mail: nforman@nacwa.org This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) if you have any questions, would like assistance securing your hotel accommodations or would like to be placed on a waiting list for a room at the Pointe Hilton Tapatio Cliffs.